PICTOU – The jury in the first-degree murder trial of Christopher Alexander Falconer has been asked to use common sense when considering the evidence.
Both the Crown and defence had one last chance to address the seven-woman, six-man jury during closing arguments Friday in Pictou Supreme Court. Falconer is accused of killing Amber Kirwan, 19, who went missing Oct. 9, 2011, from downtown New Glasgow. Her remains were found in Heathbell on Nov. 5, 2011.
"It's important you listen to each other carefully," said defence lawyer Mike Taylor, who addressed the jury first. "You will have different viewpoints that will be brought to the table. Use common sense and your own experiences in life. "
He told the jury to not only pay close attention to the evidence presented during the trial, but also to the evidence that wasn't included in the Crown's case.
Taylor called the Crown's case "circumstantial" with no smoking gun.
"There were hundreds of exhibits seized in this case, but again how much actually pointed to the guilt of Mr. Falconer," he said. "How much do they really tell you anything?"
Crown attorney Bill Gorman said circumstantial evidence is not a dirty word, but one that should be taken seriously when considering all the evidence. He compared the evidence to “sedimentary rock” with layers that come together to form a solid mass.
“Amber Kirwan didn't know the accused,” he said. “She has never been to Alice Meier’s property. She was timid by description. She had to be walked or driven to work. She would never go with a stranger willingly. She was taken, bound, drugged, stripped of her clothes and murdered.”
On Monday, the jury will be given instruction by Justice Nick Scaravelli on how to deliberate the evidence and the options of a conviction of first-degree murder, second-degree murder or an acquittal. Once the jury begins to deliberate, they will not be separated until a verdict is reached.