National Post

Defence accuses witness of crime

- Paola Loriggio

• The murder trial of a Toronto man took a dramatic turn on Thursday when his defence team called a man to the witness stand and accused him of the crime.

Lawyers representi­ng Kalen Schlatter suggested to the man who can only be identified as J.G. that he was following Tess Richey on the night she disappeare­d in the hope of having sex with her.

Schlatter has pleaded not guilty to first-degree murder in Richey’s death.

Lawyer Lydia Riva suggested that J.G., whose identity is protected by a publicatio­n ban, was watching from behind a tall wooden fence as her client and Richey went into an outdoor stairwell to make out.

When Schlatter left, J.G. saw “an opportunit­y” and went over the fence and approached Richey, who spurned him, she argued.

“You were surprised that she rejected you, she didn’t want to see you. You assaulted her and there was struggle and you killed her,” Riva told J.G.

“No, ma’am,” he replied. Schlatter’s lawyers have previously raised questions about J.G., who can be seen wearing a light pink trucker hat and dark parka in some security footage from the area the night Richey went missing.

He last appears on video walking towards his home around 3:40 a.m. on Nov. 25, 2017, — more than half an hour before Schlatter and Richey are captured on surveillan­ce footage going into the laneway with the stairwell. Another video shows Schlatter emerging alone about 45 minutes later.

Richey is never seen leaving the area. Her body was found in the stairwell days later by her mother and a family friend.

J.G., who has autism and Asperger syndrome, said he had been walking “out and about” in the neighbourh­ood that night partly because that’s his way of interactin­g with people.

On the stand Thursday, the short, muscular man testified that he saw Richey and her two companions — who court has heard were Schlatter and her friend Ryley Simard — a few times, first shortly after 3 a.m. near the ATM where he had gone to withdraw money.

He said Richey, a woman he had never met, called out to him and tried to start a conversati­on but was held back and “coerced or led away” by the two others.

J.G. said he walked a loop in the neighbourh­ood hoping to see Richey again. He did see the group a second time and Richey tried to talk to him but was dissuaded by Schlatter, he said.

He kept walking and headed home a short time later, he said. He noted that Richey did not seem “romantical­ly involved” with either of her companions.

J.G., who lived in the area, went to the police after reading a news story about Richey’s body being found, he said.

Court has heard Schlatter’s semen was found on Richey’s pants. His saliva was found on her bra.

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