Expert testifies Joel Clow 'grossly intoxicated,' unable to form intent to kill

WARNING The details in the story may be disturbing to some

The murder trial of Joel Clow has heard from its last witness as the defence team wrapped up its case in P.E.I. Supreme Court Friday.

The judge will have a decision on whether Joel Clow is guilty of the first degree murder of Traci Lynch in July.

Clow has pleaded not guilty to first-degree murder in Lynch's death on July 24, 2015.

The final witness Friday was called by the defence.

'Grossly intoxicated'

Forensic psychiatrist Dr. Scott Theriault works at the East Coast Forensic Hospital in Nova Scotia. He conducted a 90 minute face-to-face interview with Clow in January 2016, about six months after Lynch's death.

Theriault described Clow as "grossly intoxicated" at the time of the killing. He told the court Clow "was in a state of intoxication such that it was reasonable to conclude that he was in a state of mind that he could not form intent."

The psychiatrist also testified Clow continues to take medication for his ongoing condition of "depression and ADHD."

Clow, Theriault said, told him he started drinking at the age of nine, using marijuana at the age of 12, left school after Grade 6, entered detox at the age of 16 at his mother's request, and that he had managed to stay sober from 2001 to 2006.

Crown cross-examines psychiatrist

During cross-examination Crown prosecutor Cindy Wedge took direct aim at the core of Clow's defence that he was too intoxicated to form intent to commit murder the night he killed Traci Lynch.

"Did Joel Clow tell you he was found hiding in the garage af Traci Lynch's home a few days before she was killed?" asked Wedge.

"No," said Theriault.

"Did he tell you he poured bleach over her clothes a few days before?"

"No, he did not."

"That he tried to run her down with his truck? That he smashed her car windows?"

Theriault said he did read that in background information.

• 'It was a scene of violence': Joel Clow's trial hears about discovery of Traci Lynch's remains
• Joel Clow acknowledges some responsibility for 2015 death of Traci Lynch

Crown's expert witness concludes Clow mentally aware

Theriault's testimony counters an opinion offered by a Crown witness earlier in the trial.

Lori Campbell, an RCMP toxicologist, concluded Clow's blood-alcohol level was within the legal limit to drive, and that even though he did have drugs in his system, he would have been mentally aware of what he was doing the night Lynch died. 

• Joel Clow murder trial hears from RCMP drug expert, forensic pathologist

Clow's defence lawyers, however, disputed the accuracy of those findings.

Shopping shows rational thinking

In court Friday Wedge drew the court's attention to Clow's actions in the hours before he killed Lynch. 

Security store images show him entering a grocery store where he bought cat food and other items, and stopping at a convenience store for vodka, beer and snacks.

The psychiatrist agreed that demonstrated rational thinking at the time.

• Joel Clow tried to run Traci Lynch down with car, witness testifies

Crown accuses Clow of acting out of jealousy

Wedge presented the Crown's theory that Clow killed Lynch out of jealousy, after accusing Lynch of being "across the road" with other men in the hours before he killed her.

Wedge suggested Lynch ran from Clow's property to a home across the road, that he followed her and hit her on the head with a patio table, and after a violent struggle, dragged her across the ground back to his home.

• Traci Lynch was afraid Joel Clow would hurt her, witnesses tell court
• Joel Clow murder trial examines his behaviour after his arrest

Clow capable of acting with intent: Crown

Wedge drew the psychiatrist's attention to a red T-shirt found on top of Lynch's body, which Clow had put in a wheelbarrow behind his house.

The red T-shirt was torn into strips and knotted in three places.

Wedge argued Clow tore the T-shirt to form what she called "a rope" and that those actions demonstrated he was capable of acting with intent.

Autopsy results have shown Traci Lynch died from a blow to the head and from strangulation on July 24, 2015.

Closing arguments

The defence and Crown lawyers will present their closing arguments in writing to the judge next month.

Justice Nancy Key is scheduled to give her decision on July 21.

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