Final arguments heard in Goforth murder trial - Action News
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Saskatchewan

Final arguments heard in Goforth murder trial

The second-degree murder trial of Tammy and Kevin Goforth, charged in the 2012 death of a four-year-old girl, has heard final arguments from Crown and defence lawyers.

Regina couple charged in 2012 death of girl, 4

Kevin Goforth and Tammy Goforth have been jointly charged with murder in the death of a four-year-old girl, and causing bodily harm to a two-year-old girl. (Facebook )

The second-degree murder trial of Tammy and Kevin Goforth, charged in the 2012 death of a four-year-old girl, has heardfinal arguments from Crown and defence lawyers.

TheGoforthsare also charged with causing bodily harm to the girl's two-year-old sister. The trial of the Goforths, who were caring for the two girls at the time of the four-year-old's death,has been underway since Jan. 18.

Court has previously heard that the four-year-old was taken to hospital in cardiac arrest on July 31, 2012.

According to Crown witnesses, she had been suffering from malnutrition and exhibited a number of bruises and other marks on her body. She was taken off life support on Aug. 2.

Tammy's Goforth's lawyer Jeff Deagle was first to talk tothe jury Thursday at the Queen's Bench courthouse in Regina.

He toldjurors the girls had been placed in10 other homes before arriving at the Goforths'.

"They didn't come to the Goforth house as perfect, happy children," Deagle said.

Deagle went through numerous elements of the Crown's case photos of tape and cargo straps, a descriptionof one girlas "skin and bone,"testimony that she wassuffering from malnutrition and was bruised and attempted to convince the jury that those thingsdon't mean Tammy Goforthis guilty.

If you believe the loss and pain shetestified to, you cannot convict her.- Tammy Goforth's lawyer Jeff Deagle

"Bear in mind that a bruise is just a bruise," he said.

Deaglesaid two Crown witnesses were lying:a child protection workerwho placed the girls at the Goforth home, and a teen who lived in the samehouse.

He invited the jury to consider the anguish shown by his client in the witness box.

"I would suggest to youthat there is doubt.If you believe Tammy Goforth, if you believe the loss and pain she testified to, you cannot convict her," Deagle said.

Kevin Goforth's lawyer, Noah Evanchuk, took a similar approach to his final arguments.

He said the girls had no structure in their lives before coming to the Goforths', and that they suffered from eating problems and speech delays before they arrived at the home.

Evanchuktold the jury that Kevin Goforth was a good person, describing himas "an old-school dad. Traditional. Church-going."

Photographs showing food around the home is contrary to the Crown's case that the girls were being denied food, he said. He said the police showed "tunnel vision" building theircase against the Goforths.

Trust your gut, trust your judgment and use your common sense.- Crown prosecutorKim Jones

After that, it was Crown prosecutor Kim Jones's turn to speak.

He said the photos of the girls before and after they were with the Goforths spoke for themselves.

The Crown's evidence point to theconclusion that the girls had been restrained, he argued.

He said there were contradictions in the testimony of the Goforths, calling into question their credibility.

Jones saidthe Ministry of Social Serviceswasn't living in the home before the girls were taken to the hospital.

"Tammy and Kevin Goforth were responsible for those girls. Period."

"Ladies and gentlemen, Tammy and Kevin Goforth are both guilty of second degree murder. The Goforths owed [the older girl] a duty to properly feed her, properly give her fluids, properly give her medical care. They breached this duty. By doing that, they committed an unlawful act," Jones said.

He finished with a plea for the jury to find theGoforthsguilty.

"Trust your gut, trust your judgment and use your common sense," he said.

By 1:45 CST on Thursday afternoon, Justice Ellen Gunnbegan reading her instructionsto jurors, and charging them on how to apply the law to the case at hand when making their decision.

Gunn's instructions were prepared before she read them, and both the Crown and defence have copies of the instructions.

She will continue charging the case's jurors tomorrow morning at 10 a.m. Following that, the jury will decidethe Goforth's fate.