New trial granted to public servant
Angelis convicted of murdering wife
The Ontario Court of Appeal has ordered a new trial for a public servant convicted of second-degree murder in the killing of his estranged wife and then wrapping her body in a rug.
Demetrios Angelis was sentenced to life in prison with no chance of parole for 12 years after being convicted in October 2010 of murdering his wife, Lien Le Angelis, in front of their two children.
The appeal court found that Ontario Superior Court Justice Robert Smith made two errors, specifically by failing to put a defence of provocation to the jury and by improperly instructing them on Angelis’s post-offence conduct.
‘There was evidence that suggested the appellant lost control of his senses and, before regaining control, killed his wife in a sudden rage.’ JUSTICE JOHN LASKIN ontario court of appeal
Smith ruled there was no air of reality to the provocation defence.
The court also found that Smith never cautioned the jury about relying on Angelis’s strange behaviour after his wife died as a basis to infer his guilt.
“I would give effect to both grounds of appeal. The defence of provocation had an air of reality; and the appellant’s post-offence conduct was not probative of whether he had the requisite intent for murder,” wrote Justice John Laskin on behalf of the three judges who heard the appeal.
“There was evidence that suggested the appellant lost control of his senses and, before regaining control, killed his wife in a sudden rage,” Laskin wrote.
Angelis was getting ready for church in June 2008 when his daughter said her father covered her mother’s mouth and straddled her as she lay on her back until she stopped breathing.
Angelis testified that Lien Angelis attacked him first, scratching his face, lips, chest and torso before clawing his penis so badly it drew blood. He said his wife was lying face down as he straddled her back when she suddenly stopped breathing.
A pathologist couldn’t determine the exact cause of death, but thought asphyxiation from one of or a combination of smothering, strangulation or “burking” — where someone sits on the chest or back and obstructs breathing — could be the cause.
The couple’s marriage had fallen apart, though the two were still living together.
Following the killing, Angelis wrapped his wife’s body in a rug and moved it to a bedroom, put on makeup to cover his injuries and took his children to church so his daughter could graduate from Sunday school.
He later gave them gifts, and then called 911. Despite being a trained nurse, he never performed CPR.
“Mr. Angelis is relieved that the Court of Appeal agreed that he had an unfair trial. He has always maintained his innocence, and is looking forward to the opportunity to defend himself before a new jury,” said his lawyer, Howard Krongold.