Defense lawyers for two Halifax police special constables accused of negligence in the death of a man who vomited into a spit hood almost five years ago launched their case, arguing Corey Rogers was so drunk at the time, his body was shutting down.
The point is important because the booking officers stand accused of not monitoring him closely enough as he lay dying on the floor of a jail cell.
Arrested June 15, 2016, the highly intoxicated Rogers had been at the IWK, wanting to see his daughter, born the day before.
The court has viewed a number of lengthy surveillance videos, including one showing Rogers interacting with security staff at the health center before being convinced to leave by his partner.
Hospital staff called police, who arrested Rogers for public intoxication.
Previously introduced evidence suggests Rogers quickly downed a half pint of Fireball Cinnamon Whiskey and tossed the bottle aside before he was taken into custody.
Fitted with a spit hood even before being brought into the police station for processing, the medical examiner would later rule Rogers vomited inside the hood and died of asphyxiation.
Two special constables, Daniel Fraser and Cheryl Gardner, are being re-tried for negligence.
On Monday, the defense introduced an alternate conclusion: alcohol poisoning.
“He was an alcoholic, but that’s an illness, it’s not a crime,” said Jeannette Rogers, Corey’s mother.
Testifying via video link from Toronto, Forensic Toxicology Consultant Rob Langille noted Rogers’ blood alcohol level was .367 – slightly more than four and a half times the legal limit – and more than enough to be lethal in his opinion.
After a rigorous cross-examination where he conceded a number of points, defense lawyer Ronald Pizzo asked “Are you aware, or do you have any knowledge or information about the level of training that police officers and booking officers receive in Nova Scotia around intoxication… ?”
“No, I don’t,” Langille replied.
“This fellow isn’t a pathologist, he’s a toxicologist, and he can speak to the amount of alcohol, but he doesn’t know Corey, he didn’t know his drinking patterns,” Jeannette Rogers told CTV News.
Later, the defense introduced pathologist Dr. David Chaisson, an acknowledged expert who’s worked on thousands of cases, including the high profile murders of Barry and Honey sherman in Ontario.
Based on evidence he reviewed, Chaisson concluded Rogers was likely already unconscious and dying of ethanol intoxication when he vomited, meaning the spithood made little difference in the outcome.
Court has already viewed hours of surveillance video, documenting the chain of events that night.
“It’s all caught in real time, but obviously, there’s going to be different arguments and different interpretations about what the evidence means,” Prosecutor Chris Vanderhoof told CTV News.
“That’s why we have trials.”
This case is scheduled to resume Tuesday, and wrap later this week.