No evidence to put Lyndon Butler at fatal shooting, jury told
Defence lawyer Jeff Brace told a Supreme Court jury Tuesday there is zero evidence that puts Lyndon Butler at the scene where Nick Winsor was shot to death in 2011.
In closing arguments in St. John's, Brace said the jury should "do the right things" and find his client not guilty of second-degree murder in Winsor's death.
"The mere fact somebody has been accused of something doesn't mean they did it," Brace told the jury.
Brace made the same claim about the attempted murder charge the Crown brought against Butler, involving Tom "Billy" Power who owned the Portugal Cove Road house where Winsor died in July 2011.
The mere fact somebody has been accused of something doesn't mean they did it- Jeff Brace
Brace told jurors that he said at the outset of the trial that they would know who killed Winsor. He said Tuesday that now they know that Power, not Pynn and Butler, was responsible for Winsor's death.
The jury was told that there is nothing ordinary about the trial, from the way the jury was selected to how Pynn and Butler are being tried together.
"You've experienced something truly unique," he said.
Brace said because Pynn and Butler are co-accused, "We were suppose to be attacking each other."
Instead, Brace said he and fellow defence lawyer Mark Gruchy worked together for three years on the case.
One by one, Brace addressed every piece of evidence that may have implicated Butler in the crime — including testimony from Butler's former employer and mentor Henry Power.
Henry Power had said, while on the witness stand, Butler asked for help in the days following the shooting.
'Nonsense'
Brace said that there has been no indication of a robbery, despite the Crown alleging that Winsor was shot in a robbery gone wrong.
He also questioned Billy Power's story of how the shotgun got to his garage on Portugal Cove Road.
Brace said it doesn't make sense that Winsor had brought the shotgun hidden in his pants.
"I don't recommend that you do it, but if you have a shotgun, shove it down your pants, get in the backseat of a small car," Brace said. "How the heck do you do it? It is complete and utter nonsense to suggest that that's what happened."
"This was put forward to you as a reasonable theory that this shotgun was in this kid's pants."
Brace suggested that the shotgun was already inside the garage.
He added that Power had lied about putting marijuana in his stepdaughter's bag in an attempt to hide it from police, moments after the shooting.
"This is the person whose evidence you have to rely upon,"
Fellow defence lawyer Mark Gruchy, who represents co-accused Philip Pynn, presented his arguments on Monday.
Follow the live blog below as CBC reporter Ariana Kelland tweets from Supreme Court.