Joel Clow should be guilty of manslaughter, not murder: defence

CHARLOTTETOWN, P.E.I. - The man who was tried for the first-degree murder of Traci Lynch should be found guilty of manslaughter, his lawyers argued in written submissions to the court.

$['This photo of Joel Clow that was entered into evidence in his first-degree murder trial was taken at the RCMP detachment in Montague after his arrest in connection with the investigation into Traci Lynch’s death on July 24, 2015. \n']$

['This photo of Joel Clow that was entered into evidence in his first-degree murder trial was taken at the RCMP detachment in Montague after his arrest in connection with the investigation into Traci Lynch’s death on July 24, 2015. \n']

Joel Lawrence Clow acknowledged his physical acts were responsible for Lynch’s death on July 24, 2015, but is waiting for P.E.I. Supreme Court Justice Nancy Key’s decision after his trial in May.

The defence argued in written submissions filed with the court and obtained by The Guardian that the Crown failed to prove beyond a reasonable doubt Clow had the specific intent to commit murder.

Clow was in such an advanced state of intoxication when he killed Lynch that he didn’t have the specific intent.

A forensic pathologist determined Lynch died from strangulation and a blunt head injury.

During the trial, the court heard evidence Clow had consumed alcohol, methamphetamine and cocaine.

The defence also said in its submissions there was significant doubt Clow was able to foresee that the harm he inflicted on Lynch was likely to cause death.

If Key finds Clow had the intent to commit murder, the defence argued he should then be found guilty of second-degree murder.

The Crown argued Clow committed first-degree murder because he committed the offence of forcible confinement when Lynch died.

In its submissions, the defence argued there wasn’t enough evidence to prove that beyond a reasonable doubt.

Crown attorney Cyndria Wedge argued in her submissions first-degree murder was proven beyond a reasonable doubt.

Clow committed three acts of forcible confinement separate from the act of killing Lynch, including tying a shirt around her neck and dragging her with it, Wedge said in her submissions.

Wedge also argued in her submissions there was nothing in the toxicology findings that would support an argument Clow was so intoxicated he couldn’t form specific intent.

Clow will be back in court July 21 for Key’s decision.

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