Lawyer for Calgary man accused in grandson's death asks for acquittal
Darren Mahoney is representing Allan Perdomo Lopez, who is charged in the death of his five-year-old grandson Emilio Perdomo.
The judge-alone trial heard the boy died from a traumatic brain injury shortly after he arrived in Canada from Mexico.
Mahoney has asked Queen's Bench Justice Richard Neufeld for what's known as a directed verdict of acquittal.
He says the Crown has not presented evidence that could prove beyond a reasonable doubt that his client committed an unlawful act that caused the boy's death.
Mahoney adds that if the case were being heard before a jury there would be a risk of a wrongful conviction.
``There's no evidence of anyone observing the actual injury, how it took place, the manner the injury was sustained or if it was a blow, or if it was by a fall... There's no evidence of how it happened,'' Mahoney said Wednesday.
``All you've been given is a bunch of possibilities.''
Prosecutor Vicki Faulkner argued the accused's recorded admission of guilt constitutes direct evidence.
The trial heard a police intercept earlier this week of Perdomo Lopez saying ``I didn't want to kill that child'' while praying.
A forensic pathologist who conducted the boy's autopsy testified there was not enough evidence to classify his death as either an accident or a homicide. But other expert testimony for the Crown suggested Emilio's injuries were inflicted by someone.
Neufeld is to deliver his decision on Mahoney's motion seeking a directed verdict later Wednesday.
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