Possibility of accidental death raised

McCreadie could have been killed during sex play, pathologist testifies at Lawlor murder trial

KITCHENER — Mark McCreadie could have been killed accidentally during erotic asphyxiation, a forensic pathologist agreed Tuesday under cross-examination by a defence lawyer at Derrick Lawlor’s firstdegree murder trial.

But on re-examination by a Crown prosecutor, the pathologist said she had no scientific basis upon which to agree with the lawyer’s suggestion.

Erotic asphyxiation involves one person compressing another person’s neck during sex. It cuts off oxygen to the brain, apparently boosting pleasure.

Lawlor, 56, of Waterloo is accused of murdering McCreadie, 50, of Kitchener on April 9, 2014. The cause of death was “external neck compression.”

Five weeks before McCreadie died, Lawlor told a social worker that he previously had thoughts about harming promiscuous gay men.

“An accidental death during erotic asphyxiation is certainly a possible explanation for the cause of death of Mr. McCreadie,” defence lawyer Stephen Proudlove said to Crown witness Dr. Allison Edgecombe, the pathologist. “It is,” Edgecombe replied. Lawlor had three-way sex with McCreadie and another man in the woods near the Iron Horse Trail on the edge of Victoria Park in Kitchener. The other man left before Lawlor allegedly killed McCreadie.

The Crown alleges Lawlor used a “soft ligature,” such as a scarf, to strangle McCreadie. Lawlor had wrapped a scarf around the other man’s neck, who pulled it off and left, the Crown says.

“I would like to know what area of your

expertise allows you to comment on accidental vs. intentional?” Crown prosecutor Linda Elliott asked in reexamination of Edgecombe.

“I can’t determine the intent of another individual,” she replied.

“Then why did you agree with Mr. Proudlove when he asked you to comment as to whether or not this could possibly be an accidental asphyxiation?” Elliott said. “On what basis did you agree with that? Do you have any basis to agree with that suggestion scientifically?” “No,” Edgecombe said. Earlier, questioned by Proudlove, the pathologist agreed with his suggestion that erotic asphyxiation is “inherently dangerous.”

“Because you’re messing around with oxygen to the brain,” Proudlove said. “Absolutely,” Edgecombe replied. “Some people can die very, very, very quickly as a result of this type of activity,” Proudlove said. “Yes, they can,” she said. “They can go from conscious to unconscious to death very quickly,” he said.

“It’s possible, yes,” she said.

The pathologist said while loss of consciousness can happen after 10 to 15 seconds of neck compression, it would take three to five minutes of continuous compression to cause death.

Edgecombe agreed erotic asphyxiation could be more dangerous if the person whose neck is being compressed is under the influence of drugs and/or alcohol. “Your judgment could be impaired,” she said.

McCreadie died with a blood-alcohol level 1.5 times above the legal driving limit, toxicology tests revealed. He was taking several prescribed medications to fight anxiety and depression.

The trial continues on Wednesday.