THUNDER BAY – Richard Spence was not the only victim in the Secord Street apartment on the fateful December day he lost his life, argued the defence lawyer for one of the accused killers on trial.
After the Crown spent four days presenting evidence last week, lawyers representing Monica Spence and Daniel Debassige during their second-degree murder trial only called one witness – Spence – who spent Monday morning testifying.
Christopher Watkins, the lawyer representing Spence, in his opening submission said that while nobody deserves to die, there are some circumstances where a person’s death should be legally excused.
“Monica Spence was not deserving of being the victim of an unprovoked sexual assault,” Watkins told the 12 jurors – eight men and four women – who are expected to begin deliberating later this week to decide the case.
Spence, an admitted “chronic alcoholic,” told the court she and her boyfriend Debassige went to see Richard Spence at his apartment on the morning of Dec. 20, 2014 to get bus fare. While there, he invited them to stay for a drink which led to the consumption of three bottles of wine and the couple snorting pain medication containing codeine.
After “feeling wobbly” from the alcohol and pills, Spence said she believes she attempted to stand but fell and hit her face on a table, resulting in her getting a bloody nose. At that point she went to lay down in Richard Spence’s bed.
Spence testified the next thing she remembered was waking up to banging on the door and Richard Spence on top of her on the living room couch. She said she grabbed and threw him off, with both rolling to the floor.
She said while they both attempted to get to their feet, she punched him and knocked him over. She started to make her way toward the door but he grabbed at her feet. She kicked him twice in the face and ran out the door.
“Richard was OK when I left there,” Spence said, adding he was calling for her to come back as she made her way towards the door.
Once outside, she put on her shoes. She was not wearing pants and said she had been wearing the articles of clothing – pants, underwear and socks – found by investigating officers on the living floor beside the couch.
As she fled, Spence said she saw a “dark figure” standing by the door. She could not identify that person, explaining she was in a state of shock and fear and was just focused on escaping the apartment.
Spence testified Debassige was not in the apartment when she awoke but could not recall when he left. She saw him again as she made her way down Secord Street away from the crime scene and towards his residence. She said she never returned to Richard Spence’s apartment.
She said Debassige did not ask her why she was not wearing pants and she never told him about what happened inside the apartment, in response to questions posed by Superior Court Justice Danial Newton.
The body of the 62-year-old Richard Spence was found on the bedroom floor of his Secord Street apartment in the early morning hours of Dec. 21, 2014, face down in a pool of blood. The court previously heard Spence had suffered 74 separate injuries, 44 of which were to his head and neck area.
The cause of death was determined to be a combination of blunt force injuries to the face, alcohol intoxication, blood in his airways and severe heart disease.
Upon her arrest about 12 hours after the body was discovered, Spence told the lead police investigator “he raped me.”
Last week Crown prosecutor Rob Kozak entered into evidence the transcript from a 2007 court proceeding where Richard Spence pleaded guilty to sexual assault against Monica Spence, an incident that occurred while she was sleeping.
Spence said she forgave Richard Spence after about a year-and-a-half as they both put the matter “under the rug.”
Francis Thatcher, the lawyer representing Debassige, did not present any evidence.
Witness Diane Hanson – who lived in a shared residence with Debassige – last week testified Debassige came home late that afternoon claiming he “killed a rapist.”
Closing submissions for the Crown and both defence lawyers are scheduled for Wednesday.
