The only person who could have inflicted a severe skull fracture on 18-month-old Garth Leippi, resulting in his death, was Evan Caswell Gilmer, a jury heard from the Crown prosecutor on Tuesday morning.
Crown prosecutor Jason Snider made it clear in his opening address that this was only the Crown’s theory in the Oct. 12, 2008, death and is not evidence.
Gilmer, 33, is charged with second-degree murder. He sat in the prisoner docket at the start of the month-long trial in Red Deer Court of Queen’s Bench.
The toddler was rushed to Red Deer Regional Hospital Centre in the early morning, then airlifted to a Calgary hospital because of the severity of the fracture to the back of skull, Snider told the jury.
He said a portion of the back of the skull was detached. The child died a day later.
Snider said the case is “circumstantial.”
“The only person who could have inflicted it (injury) was Mr. Gilmer,” Snider said.
“The only person who dealt with Garth in the early hours was Mr. Gilmer,” Snider added.
Gilmer was living with Garth’s mother Jennifer in a basement suite.
The mother isn’t expected to testify until Monday.
The mother was asleep and the accused came to her, waking her up and indicating the child was injured.
Snider said several doctors will testify detailing the severity of the injury and how it could have happened.
“It’s their medical opinion but the ultimate decision is up to you,” he told the jury.
Several police officers and civilian witnesses are also expected to testify.
Wire tap evidence of Gilmer’s conversations after he was charged will be heard.
And videotape from department stores the day before Oct. 12, 2008, will also be shown to indicate the child was healthy and functioning normally.
The trial before Justice Monica Bast got off to a shaky start when one of the jurors had be dismissed because it was learned he had a criminal record for impaired driving that he didn’t disclose in his initial notice from the government to be a potential juror. He also didn’t disclose it in court on Monday when the jury was picked. The man said he couldn’t properly hear Bast talking about potential reasons why people couldn’t serve on juries.
jwilson@www.reddeeradvocate.com