Appeal Court upholds guilty verdict of Alberta man in killing of estranged wife
'[The judge] committed no errors of law. As a result, the appeal is dismissed': appeal decision
Alberta's top court has dismissed an appeal by a man found guilty of stabbing his estranged wife 17 times.
The Court of Appeal of Alberta says a trial judge made no errors when he convicted Robert Dean Clifford last year of second-degree murder in the death of 31-year-old Nichole Clifford, who also used the last name McKeith.
"This was a very strong circumstantial case," the court said in its decision released Monday.
"The trial judge carefully reviewed the critical evidence, made reasonable findings of fact and drew inferences well supported by the evidence."
The woman's bloodied body was found at the bottom of the basement stairs in her Wainwright home in February 2017. Court heard she was last seen alive leaving a friend's home.
A medical examiner testified stab wounds near her neck and shoulder were likely caused by a two-edged object like scissors.
Robert Clifford's belt was found near her body with blood stains.
He had been living in a trailer in the home's backyard at the time, as the couple had separated.
A lawyer for Clifford argued in the appeal that the trial judge erred in the analysis of DNA found under the wife's nails and didn't properly scrutinize expert testimony.
But the Court of Appeal disagreed and said the expert was confronted with multiple alternative scenarios.
Clifford's lawyer also argued the trial judge misunderstood evidence and inferred that the belt might have been involved in the murder.
The Appeal Court said evidence from the trial showed the woman's neck or chest had been compressed, and the belt was visibly out of place while next to her body.
Clifford also argued the judge took into consideration testimony from a witness who couldn't remember the correct order of events leading up to the killing.
The court said, in fact, the trial judge did not accept the testimony of the witness.
"The asserted misapprehensions of evidence are either not supported by a contextual reading of the reasons of the trial judge, or otherwise do not play a central role in his reasons. He committed no errors of law. As a result, the appeal is dismissed," the court said in its decision released Monday.