Edward Downey's lawyer says his client went to Sarah Bailey's house the morning she was killed, but "he did not come alone," and when he left, the victim's six-year-old was still alive.
Donny is indicted and charged with killing a Calgary girl and her mother in 2016. He began to testify in his defense on Wednesday morning, after his lawyer Gavin Waltz told the jury "no one intended to kill" Baillie.
The 48-year-old is on trial for two counts of first degree murder. He took the stand, where he was led by Wallach.
There are no seats in the court gallery in Calgary. A second court opened for a breakthrough.
So far, Davey has admitted to being a cocaine dealer with a criminal record that includes a pimp conviction. He still did not address the allegations that led to the murder.
"He was not there when it happened"
In his open statement to the jury, Waltz said the jury had heard "some of the most difficult evidence," but there were still unanswered questions.
"No one intended to kill Mrs. Bailey; as far as Mr. Downey was concerned, he was not there when it happened," Waltz said.
Waltz said that Downey had left Bailey's house alone on the morning of July 11, 2016.
"The last time Mr. Downey saw Talia Marsman … she was alive and well."
Downey still did not mention the man he claimed had been at Bailey's house on the morning of the killing.
Bailey's body was found packed in a laundry basket in her North Calgary home on July 11, 2016. The plaintiffs believe the girl was killed that day, but only three days later her body was found dumped in a bus stop in a rural area east of the city.
On Tuesday, prosecutors Carla McPheal and Ryan J. Knicks closed the case after calling witnesses and evidence of more than two weeks.
Downey might provide the jury with an explanation of how his fingerprints were on the tape around Bailey's head, neck, and wrists.
The jury also heard evidence that Downey's mobile phone was in the home area of Baillie in Panorama Hills in the morning and she was killed and then that day he was connecting to cell phone towers near the site where the boy's body was found.
Bailey and Davy, his girlfriend, were good friends.
The two families spent time together, and Bailey and her daughter knew Downey. Only two days before they died, there were Billie, her daughter, Downey, AB. And the son of AB. Hung together in the house of the convicted murderer, and everything "looks fine," Downey said.
Downey's testimony continues
The company can be identified only because of the gag. She testified earlier in the trial.
The theory of the crown on the motive is that Downey may have accused Bailey of encouraging AB. Leave him and prevent her from working as a companion.
The day before the killing, AB wrote. In Downey he told him she wanted to say good-bye.
But Downey explained that he and father talked about breaking up several times. Although he believed that their relationship would eventually end, after the last break, they spent the night together and "good" things between them, he said.
In a text message to a friend, Downey said, "I go down to one dog and it's square." father. Testified that "square" is a term for a woman who refuses to borrow.
The jury also heard that Downey wanted her father to work as a prostitute, but she refused. Downey explained that it was a plan he and AB. They did it together, and it did not end.
MacPhail also told the jury that the prosecution believes that the girl was murdered because she witnessed the death of her mother, or at least identified the killer who was inside their house.
Downey's testimony continued in the afternoon. MacFill still had no opportunity to interrogate the defendants.
Court of Queen Bentz House Justice Hughes is sitting on a jury trial, which was to last until the end of the week.