And Canada Press
Published Saturday, February 23, 2019 11:27 EST
Saturday Last updated, February 23, 2019 11:40 AM EST
MONTREAL – A jury has found a man from Montreal guilty of homicide when killing his decent wife.
Michel Cadotte was a test for a re-murder in the death of Jocelyne Lizotte, which was during the last stages of Alzheimer's disease.
The Crown had argued that Cadotte had intended to kill his wife of 19 years, who could not care for himself.
Defense lawyers argued that their client was in a state of disruptive mind and behave stimulating on February 20, 2017, trying to end his wife's suffering.
Just two collisions were available for jurors: a murder or a manslaught of a graduate.
The offense had framed in the media such as killing compassion – an offense that does not exist in the Criminal Code. The trial, which began on January 14, heard that Cadotte had questioned Lizotte's medically aided year before she was killed.
Justice Helene Di Salvo said to the jurors that their discussions would not take into account the laws that are related to a medically aided death or the quality of care provided in long-term care centers like the one that Lizotte lived , even if those issues face inevitably in the case.
"Your functions are limited to whether the prosecution proved that Mr Cadotte could have no reasonable doubt on either a murder or a manslaught of a graduate," said Di Salvo.
Cadotte's lawyers argued that, without the jury present, that liberty should be possible, but the judge ruled that it was not an option.
The accused had admitted that Lizotte was killed and the legal criteria were not met for a verdict, said Di Salvo. In his final instructions, he told the jurors that they should not consider the possible sentence, because the judge's responsibility is a sentence.
The mortality of a life sentence re-graduate has no potential for a parole for at least 10 years while there is no minimum sentence for conviction of manslaughter, unless a firearm is used in the offense.
The Crown argued that Cadotte was in full control and intended to take Lizotte's life.
A doctor of the long-term care facility of Emilie-Gamelin had testified, although Lizotte Alzheimer's had a late period, and was not separated from reality, was not considered at the end of his life. She was cared for to stay comfortable but she was not at a time when palliative care was needed.
Cadotte had spent years caring for his wife, even after being cared for. She washed her clothes because Lizotte's immune system was weak, and she did not want to wash the clothes with other patients. He had a hairdressing visit every month and installed television in her room so she could listen to music. He also made sure she had a better quality, soap and shampoo lottery. She gave chocolate – she was a luxury one – whenever he could.
The court heard that Lizotte's family were not able to cope with his or her illness to a large extent and Cadotte was able to handle her care.
The defense argued that years of caring for her had taken her toll on Gadotte, which was increasingly isolated in the weeks leading to killing his wife and spent the weekend before drinking heavily after friction with his family.
Critically of care, Cadotte said he had been frightened to see Lizotte on the day of killing with her throat, sitting in a pediatric chair without a specialist pen rest.
He prayed as he tried to feed his lunch and then put a cushion under his head. Cadotte said he could not explain what happened, but after a few attempts he put the pillow over her face and put her back.
"She was suffering too much," says Cadotte. "I did not want her to suffer any longer. I was suffering from her."
He then told a senior nurse that he had been abolished and asked her to call 911. A number of calls to place relatives who admitted the slaughter and sent a text message to Lizotte's brother Sylvain, writes, " We're sorry for a brother-in-law, I'll know I've caused you to hurt, but I crack. "
Cadotte testified that he felt a huge guilt when he decided in March 2013 that he could no longer care for Lizotte at home, because she had often told her that she did not want to end in care as her own mother – who would also be suffering from Alzheimer's.
He testified that other relatives had left themselves, but he could not follow his suit.
"It was my wife. I love her," said Cadotte at the court. "I could not (let her go)."
Experts offered a different opinion on Cadotte's state of mind at the time of killing.
A psychiatrist witnessed the jury defense that Cadotte still suffered depression was designated a few years earlier. Although he was not psychiatically and knew inaccurately, his mental condition was affecting his ability to make decisions on the day of the killing, the expert said.
A defense psychologist witnessed that Cadotte had a state of disturbed mind and was caught up with anxiety to make his wife get the best care and to be eager not to live in such a condition.
But a Crown expert said that Cadotte did not show any evidence of great depression at the time of killing. He said that heavy alcohol consumption had contributed to mood disorder on that day.