Toronto

Schlatter's lawyers say he didn't kill Tess Richey, at one of Ontario's only remaining trials

One of Kalen Schlatter’s lawyers made her final plea to the jury Monday as closing arguments began at the trial of the man accused of killing Toronto woman Tess Richey.

Crown expected to give its closing address at Kalen Schlatter's 1st-degree murder trial Tuesday

Tess Richey vanished after a night out in the city's gay village back in 2017. Her body was found days later. (Rachel Richey)

One of Kalen Schlatter's lawyers made her final plea to the jury Monday as closing arguments began at the trial of the man accused of killing Toronto woman Tess Richey.

"Kalen Schlatter did not do this. He did not murder Tess Richey," said defence lawyer Lydia Riva. 

"Do not add to this horrific tragedy by convicting an innocent young man ... The only reasonable verdict is not guilty."

The proceedings now mark one of the sole criminal trials still ongoing in Ontario, as concerns over the spread of COVID-19 have forced the suspension of all regular court operations, including new trials, until further notice.

Justice Michael Dambrot gave the jury the option to suspend proceedings, but they chose to carry on.

Riva thanked them in light of what's happening across the globe before launching into her closing address.

"As hard as it might be to accept, and as uncomfortable as it might make us feel, the criminal justice system can get it wrong," Riva said. "Mr. Schlatter was an easy target ... He is easy to blame."

Riva argued Richey was killed by someone else moments after Schlatter left her in a downtown Toronto alleyway following a consensual sexual encounter.

A man in a black jacket stands in a cell.
Kalen Schlatter, who is charged with first-degree murder in the death of Tess Richey, is seen here being placed in a cell after his arrest. He has pleaded not guilty. (Court exhibit)

Schlatter, 23, has pleaded not guilty to first-degree murder in the death of Richey, whose body was found in in an outdoor stairwell in the city's gay village in November 2017.

Schlatter testified last week that he met Richey and her friend Ryley Simard after all three left the popular drag club Crews and Tangos. He said Richey led him to a secluded stairwell to "make out" after her friend went home.

Schlatter testified that Richey did not want to have sex because she was on her period, and they parted ways a short time later. 

Richey was later reported missing after she didn't go home, setting off a widespread search effort. Her body was discovered days later by her mother and a family friend.

The Crown alleges Schlatter strangled Richey after she refused to have sex with him. His DNA was found on her clothing, and security camera footage shows the pair walking hand-in-hand to the stairwell where her body was eventually found.

Riva said Richey was the one leading Schlatter into the stairwell, not the other way around.

"She wanted to go there," she said.

A stairwell.
Richey's body was found in this stairwell. (CBC)

Riva also pointed a finger at the defence's alternate suspect — a man who can only be referred to as J.G., because of a publication ban.

He previously testified that Richey tried to get his attention on the night she vanished, and seemed interested in him.

Riva called that "pure fantasy," and showed several videos of the man walking in the area in the early morning hours of Nov. 25.

"He was following Tess Richey," she said.

The Crown is slated to give its closing address Tuesday morning, while the judge is expected to give his charge to the jury Friday.

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ABOUT THE AUTHOR

Adam Carter

Reporter

Adam Carter is a Newfoundlander who now calls Toronto home. You can follow him on Twitter @AdamCarterCBC or drop him an email at [email protected].

With files from The Canadian Press