Judge reserves decision in trial of Winnipeg father accused of killing 3-month-old son in 2020
Crown says evidence shows Mathieu Moreau 'violently assaulted' baby; defence argues there's reasonable doubt
The trial of a Winnipeg father accused of killing his infant son in 2020 wrapped up on Friday, as lawyers on both sides made closing arguments about whether Mathieu Moreau, 34, was the only person who could have fatally injured the three-month-old.
Moreau's lawyers argued there was a reasonable doubt as to whether their client was the one who inflicted the head trauma that caused the death of Maven Gillis Moreau.
Prosecutors said the evidence showed Moreau had "violently assaulted" his son out of frustration because the infant wouldn't go to sleep, causing injuries that also included fractures to the baby's clavicle and leg.
Moreau has pleaded not guilty to the charges of manslaughter and aggravated assault.
Court of King's Bench Justice Sadie Bond is expected to deliver her decision in the case on April 26.
Paramedics found Maven unconscious on the evening of Jan. 11, 2020, when he was being watched by his father in the Winnipeg apartment where he lived with both his parents.
The baby was rushed to hospital and put on life support in hospital, but later died.
Lawyer Bruce Bonney said the medical evidence presented during the trial "does not speak to an exclusive opportunity on the part of Mr. Moreau."
That evidence indicated the infant's fatal injury happened sometime on the same day the baby was rushed to hospital, but could not prove the exact time, the defence said.
Court heard the infant had been home alone with his mother, 26-year-old Evelyn Gillis, earlier in the day, while Moreau was recording music with his band. But it was after Moreau returned home and Gillis went out for dinner with a friend that the infant was found in medical distress.
Moreau previously testified he woke up from a nap that evening to hear gurgling sounds coming from the baby's crib, and found Maven not breathing properly, formula coming up out of his mouth.
WATCH | Videos of baby who died in 2020 shown during trial:
He called 911 and was given instructions for how to do chest compressions until paramedics arrived, court heard.
Both parents were later questioned by police, and Moreau was charged with manslaughter.
Lawyer Bonney said during those police interviews, officers made it clear to Gillis that she and her partner were the only suspects they were looking at — which he called a "black cloud hanging over this case."
"They made it very clear to her, it was her or him," he said. "There was no third suspect."
Court heard medical experts who testified during the trial said children who suffer fatal traumatic brain injuries will have symptoms immediately, but they can vary from a slow progression that begins with things like lethargy and irritability, to severe symptoms like going into medical distress.
Moreau previously testified his son did appear "sleepy" in the hours before he went into medical distress, but Crown attorney Sarah Murdoch said the accused also "reluctantly admitted" the level of tiredness he saw in his son wasn't anything out of the ordinary.
While Moreau also testified he didn't do anything to hurt his son, Murdoch asked the judge not to accept those denials.
She said the accused was often "evasive" during cross-examination, and his testimony was "inconsistent and at times defied logic and common sense," while testimony given during the trial indicated Gillis was a gentle, diligent mother.
"His denials should not be believed, nor should they raise a reasonable doubt," Murdoch said.
Baby injured before death
In the weeks before Maven died, court heard the baby was injured multiple times while Moreau was watching his son on his own — including a day before the infant was rushed to hospital, when he suffered a torn frenulum (the connective tissue in the mouth).
One medical expert who testified during the trial said that injury gave her "a tremendous amount of concern" and is considered indicative of child abuse, consistent with something like a bottle being forcefully put in the baby's mouth, prosecutor Murdoch said.
Moreau previously testified he assumed that injury was caused by a toy the baby put in his mouth, which the father said he had found saliva on — an explanation Murdoch said was virtually impossible, since Moreau had acknowledged the infant wasn't capable of picking up that toy on his own.
Prosecutors asked for Moreau to be found guilty of the lesser charge of assault regarding that incident, instead of the initial charge of aggravated assault.
Moreau's lawyers urged Justice Bond to acquit their client of both charges.
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