The issue of intent will play a key role as the jury begins its deliberations in the child murder trial of a Regina couple Friday afternoon.
Kevin and Tammy Goforth are on trial for second-degree murder in the starvation death of a four-year-old girl, and causing bodily harm to her two-year-old sister. The little girls lived with the Goforths from November of 2011 until August 1st, 2012 when both were rushed to the hospital in dire condition, suffering from severe malnutrition.
The four-year-old could not be saved, but with food and fluids the two-year-old recovered.
Justice Ellen Gunn spent Thursday afternoon and Friday morning carefully explaining the rules of law and the jury’s options in a case that involves two accused, each facing two charges.
She says each accused and each charge must be considered separately. In other words, there will be four verdicts in this case.
Gunn also gave them the option of finding either of the accused guilty of the lessor charge of manslaughter or acquittal.
Throughout the trial, and in closing arguments, the defence has maintained there was never any intention to hurt, harm or kill.
The prosecution maintains the Goforths did nothing as the girls wasted away and knew their actions could cause serious harm or death.
There were a total of twenty witnesses that testified during the three-week trial – 16 for the prosecution and four for the defence – including both Tammy and Kevin.
In addition there are numerous exhibits and more than a hundred photos, some showing the girls happy and healthy at a birthday party at the Goforth home in March, others showing their emaciated bodies at the hospital in August of 2012.
Gunn’s instructions to the jury are 180 pages long.
If convicted of second-degree murder the Goforths would receive an automatic life sentence with no chance of parole for at least 10 years.
A manslaughter conviction also carries a maximum sentence of life, but the average Canadian sentence is about seven years with parole eligibility after serving one third.
A case similar to this one in Alberta resulted in a manslaughter conviction with a 15-year sentence last year.
It is anyone’s guess how long the jury will be out. They are now sequestered, meaning they don’t go home until they reach a verdict or an impasse.