Richard Bain murder trial: Testimony from toxicology wraps evidence from Crown, defence

Both sideshave finished presenting evidencein thetrial of Richard Bainfor murder and other charges stemming fromthe 2012Parti Qubcois election-night shooting.

Quebec SuperiorCourt Justice Guy Cournoyer told the jury on Tuesdaythe 32nd day of the trialthat the Crown and the defence would present their closing arguments on Thursday.

Bain is accused of first-degree murder for shooting lighting technician DenisBlanchette, who wasstanding outside thePQ'selection-night victory party on Sept. 4, 2012.

The prosecution contends that the shooting was deliberate and planned, while the defence is arguing Bain should not be held criminally responsible because he was psychotic and delusional.

• Accused Richard Bain says he has no memory of election-night shooting
• CBC'scomplete coverage of the trial

Toxicologist found no Cymbalta

Richard Bain's first interrogation with police

8 years ago

Duration 1:23

A police detective asks Richard Bain if he understands what it means to be charged with murder and attempted murder.

The court has heard thatBain blames his actions on a drug called Cymbalta. In fact, he has saidhe has no memory of the shooting at allandno memory of a taped police interrogation the following morning.

• 'Everything is so black' Richard Bain says in police interrogation

In varying accounts of what happened that night,Bainhas said he took between six and eightCymbaltapills around 7 p.m. the night of the shooting.

In earlier testimony,defence psychiatristDr. Marie-Frdrique Allard, told the jury thatBainshowed signs of an overdose during that interrogation early the next morning.

But this weeka toxicologisttold the court there was no presence ofCymbaltainBain'sblood, based on samplesdrawn at Montreal'sRoyal Victoria Hospital at 7:49 a.m. on Sept. 5, 2012.

CatherineLavalle,a toxicologist called by the Crown as part of its rebuttal evidence, was the final witness of the trial.

Her analysisfound no dangerous levels of any substance in Bain's blood.

Questions about toxicologyscreens

Lavalle said she foundnormal amounts of one antidepressant,Effexor, as well asan anti-inflammatory medication, plustraceamounts of an antidepressant calledTradozone.

But she found no presence ofCymbalta.

"The concentration in the bloodstream would've been quite high. And 13 hours later, I wouldhavefound some," she testified.

Defence lawyer Alan Guttman pointed out, however, that anything under a threshold of 50 nanograms would not have been detectedby Lavalle's equipment.

She confirmed that was true.

One nanogram is one billionth of a gram.

The court heard thatthe therapeutic or normal levels for that particular antidepressant would range between 14 and 120nanograms.

No history of Cymbalta causing blackouts?

Earlier in the trial, when Baintestified, he acknowledged it's possible he confused his pills that night and took Effexor rather than Cymbalta.

Either way, Lavalle said, there's no history of either of those two drugs causingblackoutsor memory lapsessuch aswhat Bain described.

In cross-examination, Guttman suggested that Lavalleis not an expert in psychiatryand should not be commenting on the drugs' effects.

Lavalle agreedthat the specifics of psychosis and dissociativestatesare outsideher scope of expertise, but she said she hadconsulted scientific literature and journals about case histories.

The defence team is arguing that Bain should not be held criminally responsible for his acts because he was motivated by apsychotic delusion, stemming from an underlying bipolar disorder.

The defence's psychiatrist hassaid that while she believes Bainshowed signs of intoxication the morning after the shooting, she does not think an overdose was the cause of his actions the previous night.