 Time is on confessed Calgary rapist and killer Christopher Watcheston's side, his lawyer said Thursday. (QMI file)
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Time is on confessed Calgary rapist and killer Christopher Watcheston's side, his lawyer said Thursday.
Defence counsel Alain Hepner said because of the time gap between when Watcheston followed Arcelie Laoagan off the Franklin station C-Train and her desperate calls for help, it's unclear whether her rape and murder occurred together.
Hepner said without a proven connection, his client can only be convicted of second-degree murder in the Jan. 17, 2008, beating death of Laoagan.
Watcheston, 24, is charged with first-degree murder in connection with the death of Laoagan, a 41-year-old mother of five.
Hepner noted LRT surveillance video showed Watcheston following Laoagan from the station after the train arrived at 10:36 p.m.
He said it would've taken about four minutes to get to the secluded pathway where Laoagan was raped, yet she was able to make a cell phone call to a friend saying she was being raped at 11:01 p.m.
The lawyer also pointed out Laoagan was able to make a second call to that same friend, Melchor Padilla, at 11:09 p.m. where she mumbled for several minutes.
Hepner said that time line supports Watcheston's claim he raped Laoagan, told her to run away and spent several minutes gathering up his belongings, before seeing her on her cell phone and kicking her in the head to prevent her reporting the assault.
"How much time expired and passed (between the rape and murder)?" Hepner asked.
"Can you reject his testimony entirely?
"I suggest not," the lawyer said.
Justice Kristine Eidsvik must still hear Crown submissions before retiring to make a decision.
Both first- and second-degree murder carry automatic life sentences, but parole eligibility for the latter can be as low as 10 years, while the former results in a minimum 25 years behind bars.
kevin.martin@sunmedia.ca
