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Toronto

Defence accuses another man of killing Tess Richey at Kalen Schlatter murder trial

The defence team for alleged killer Kalen Schlatteraccused another man of killing Toronto woman Tess Richeyin court Thursday, as Schlatter's first-degree murder trial nearsits conclusion.

Witness denied killing Richey while out in Toronto's gay village in 2017

A man who the defence presented as an alternative suspect testified as a witness at Kalen Schlatter's first-degree murder trial for the death of Tess Richey Thursday. Here, Schlatter is seated in the foreground, with lawyer Lydia Riva to his right, the witness in the centre, and Justice Michael Dambrot in the top left. (Pam Davies/CBC)

The defence team for alleged killer Kalen Schlatteraccused another man of killing Toronto woman Tess Richeyin court Thursday, as Schlatter's first-degree murder trialnearsits conclusion.

The witness, who can only be referred to as J.G. because of a publication ban, fielded questions fromdefence lawyer Lydia Riva through most of the day.

"You assaulted her, and there was a struggle, and you killed her, right?" Riva said.

"No ma'am," the witness responded.

Under cross-examination from the Crown, J.G.told the jury he has autism spectrum disorder and Asperger's syndrome. He spoke very softly, mumbled, and often fidgeted with something in his hands in the witness box.

The witness saidhe is five-foot-three-inches tall, though he appeared to be shorter than that. Over the course of his testimony, Riva showed the jury a photo that showed his bare arms, which are muscular.

'Looking for sex'

Riva allegedthat on the morning Richey vanished, the witness was"out in [his]neighbourhood ... looking for sex."

At first, J.G. responded very softly, and said he wasn't. But he later changed his answer after Riva showed him a portion of a prior statement he gave police, in whichhe said he was looking for sex, "or something."

Riva pressed him on why he changed his answer."Is it because you don't want us to know you left your apartment with the objective of finding sex?" Riva asked.

"Yes ma'am," he responded.

During cross-examination from assistant Crown attorney Jennifer Stanton, the witness said he did not have sex with anyone that morning.J.G. also said it can sometimes be tough for people to understand the way he speaks.

Schlatter's DNA found on Richey's clothing

TheCrown alleges Schlatter sexually assaulted and then strangled Richey before leaving her body at the bottom of an outdoor stairwell in the city's gay village in 2017.

Schlatter, 23,has pleaded not guilty in connection withthe 22-year-old woman's death.

A man in a black jacket stands in a cell.
Kalen Schlatter, who is charged with first-degree murder in the death of Tess Richey, is seen here being placed in a cell after his arrest. (Court exhibit)

Court hasheard Schlatter's semen was found on Richey's pants and his saliva was on the inside of her bra. No physical evidence related to the defence's alternate suspect has been presented at the trial.

The jury has alsoseen security camera footageof Schlatter and Richey together early that morning.

Thatincludesvideo showing the pair walking up adriveway to the outdoor stairwell where her body was later discovered at 582 Church St.,before Schlatteremergesalone about 45 minutes later, headingback the way they came.

Court heard J.G. was alsoout in thatarea in the early morning hours ofNov. 25, and ran into Richeyalongside two other people Schlatter, and Richey's friend, Ryley Simard.

The witness said Richey repeatedly tried to say hello to him.

"Why did you think she wanted to get your attention?" Riva asked.

"I don't know ... maybe she was just interested in talking to me," he said. J.G. also told the jurythat the people Richey was with repeatedly discouraged her from talking with him, saying things like,"Don't go with him, don't talk to him."

Richey's family distributed this poster in an effort to find her. (Court exhibit)

During cross-examination, J.G. said he lived alone back in 2017, and did not have many close friends.

"You struggled quite a bit even talking to other people?" Stantonasked.

"Yes ma'am," he responded.

Stanton also suggested that Richey calling out to him was a"significant thing" for him, because he doesn't get much attention from women. "For some people that might not be such a big deal, but for you it meant something?" she asked.

"Yes," he responded.

Trial nearing its conclusion

In court's afternoon session, Riva showed several videos of the witness repeatedlywandering around areas where Schlatter, Richey and Simardwere situated that morning.

Riva suggested he was following them, but the witness kept saying he was "seeing who wasout and about." During cross-examination, he said he"quite often" went on walks and jogs around the area at that time.

Stanton asked J.G.if approaching Richeyis something he would do.

"Talking to girls is still difficult," he said.

She also asked what he did specifically the second time Richey tried to speak with him, before Schlatter told her not to.

"I believe I just shyly smiled at her," he said.

It's expected the evidence portion of the trial will wrap up on Friday.

CBC Toronto reporter Adam Carterreportedlive from inside the courtroom Thursday. Here's a recap:

adam.carter@cbc.ca