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Defence witness testifies Joel Clow too high to intend to kill Traci Lynch

The final witness for the prosecution finished testifying Thursday at the trial of Joel Clow, accused of first-degree murder in the death of Traci Lynch.

Crown questions toxicologist's math in calculating Clow's drug levels night of Lynch's death

A man wearing a hoodie and restrained in handcuffs is led away from a courthouse by a female security officer in uniform.
Joel Clow is accused of murdering Traci Lynch. (CBC)

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  • Joel Clow later pleaded guilty to manslaughter after a previous murder conviction was overturned.

A drug expert at the murder trial of Joel Clow testified Thursday Clow was too high on drugs to know what he was doing the night Traci Lynch died.

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

Toxicologist Peter Mullen testified for the defence that a mix of alcohol, methamphetamine, marijuana and cocaine left Clow in what Mullen called a psychotic state with little rational capacity to understand the consequences of his actions.

Crown prosecutors questioned Mullen's math in calculating Clow's drug levels, arguing there were too many variables to say with certainty just how high Clow was.

The court also heard that medical records show Clow had been diagnosed with ADHD and had stopped taking medication to control that.

Mullen testified those with ADHD who use methamphetamine are more likely to experience psychotic effects, including paranoid delusions, hallucinations  and aggression.

Photos of Joel Clow show he had scrapes and bruises following his arrest. (Court Exhibit)

Crown closes case

Prior to Mullen's testimony, the final witness for the prosecution finished testifying.

 

RCMP officer Erwin VanWesterneng discussed forensic evidence collected in and around Clow's home in Pleasant Grove, after Lynch's body was found in a wooded area of his property.

 

Crown prosecutor Cindy Wedge then told Justice Nancy Key that the Crown's case against Clow was closed.

 

The trial has heard testimony from 21 prosecution witnesses.  They included RCMP officers, family and friends of the accused and the victim, as well as expert testimony on autopsy results and on drug and alcohol analysis of blood samples from the victim and accused.

 

 

Media opposes publication ban

 

Also Thursday, a lawyer representing media outlets covering the trial, including CBC, argued against a publication ban requested by the Crown.

 

The Crown had requested a ban on publication on autopsy photos, some photos from the scene where Lynch's body was found, along with a videotape of an interview between Clow and an RCMP investigator from the day after Lynch died.

 

A lawyer representing the CBC and The Guardian argued no evidence had been presented on either of those arguments, and that the video is an important exhibit in determining the context and sincerity of Clow's statements to police.

Justice Nancy Key agreed that the Crown had not produced any evidence to show a risk to the administration of justice, and so she denied the publication ban.