Katy Jomphe, the guardian guilty of the manslaughter of little Élyana Linteau, appeals her guilty verdict. The woman believes that the judge erred in particular by dismissing the evidence of the experts heard in defense.
• Read also: Little girl shaken to death by her guardian: “Katy Jomphe destroyed our life”, grieving parents confide with pain
• Read also: Baby shaken to death: defense proposes five years of imprisonment for Katy Jomphe
Requests for an extension of the appeal deadline had been filed in the case since the lawyer who represented the guard during her trial, Charles-Olivier Gosselin, has since been appointed judge.
Me Alain Dumas finally filed on Thursday the notice of appeal of the verdict rendered by judge Sandra Rioux on May 19.
The lawyer alleges that the magistrate erred, describing the guilty verdict on the charge of manslaughter of the 10-month-old girl as “unreasonable”. He is therefore demanding an acquittal verdict for his client or the holding of a new trial.
Evidence and testimonies dismissed
Katy Jomphe believes that Judge Rioux is at fault for having “discarded” the testimony of defense experts. Two doctors, doctors Guillaume Sébire and Patrick Hamel, had submitted conclusions favorable to the guardian.
The magistrate had estimated in her judgment that the first “does not demonstrate objectivity and the professionalism necessary to enlighten the court”, while the conclusions of Dr Hamel were “not reasonable”.
ARCHIVE PHOTO, JEAN-FRANÇOIS DESGAGÉS
The defense also argues that the judge should not have come to the conclusion that there is “evidence of opportunity” proving that the sitter was the only one who could have committed the offense.
Me Dumas also believes that his new client would have been deprived of a fair trial due to the work of her trial lawyer, who has since been appointed judge. “His prosecutor neglected to present evidence or evidence that could defeat the proof of exclusive opportunity,” believes the lawyer.
Punishment to come
Despite this appeal of the verdict, proceedings continue in the case. Observations on the sentence were also held Monday and Tuesday at the Quebec courthouse.
The crown suggested imposing a 12-year sentence for the guardian guilty of shaking 10-month-old Élyana, calling Katy Jomphe “angry and aggressive.”
The little girl’s parents spoke of their pain, saying they were broken since Katy Jomphe passed into their lives. The defense is proposing a sentence of five years in detention for the 42-year-old woman, speaking of a “loss of control”.
Judge Rioux will deliver her sentence in February.