Article 5T5H3 Crown argues Holly Hamilton’s death was a tragic end to an abusive relationship

Crown argues Holly Hamilton’s death was a tragic end to an abusive relationship

by
Nicole O’Reilly - Spectator Reporter
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On the first day of Justin Dumpfrey's second-degree murder trial, assistant Crown attorney Amber Lepchuk told the jury that this was a case about domestic violence.

She reminded the jury of that during closing arguments Thursday. Court heard Dumpfrey admit he killed his on-again, off-again girlfriend Holly Hamilton by stabbing her 17 times inside his tiny Barton Street East apartment while their four-year-old daughter slept nearby.

This case is the result of a tragic end to an abusive relationship," Lepchuk said.

But the key question the jury will soon have to answer is whether he killed Holly in self-defence.

Dumpfrey has admitted to stabbing Holly, but says he did so to save his life after Holly brought a strange man into his apartment who attacked him with a knife. The 34-year-old claims that, while he was struggling against his attacker, Holly jumped on his back and put him in a chokehold. Dumpfrey said got control of the knife and stabbed Holly.

This case turns on self-defence," Dumpfrey's lawyer, John Erickson said during closing submissions. He called on the jury to not ignore, dismiss or discount" his client's evidence.

But Lepchuk argued that every part of Dumpfrey's story defies belief" and is contradicted by other witnesses.

It is my submission that Mr. Dumpfrey's entire testimony was a lie and fabrication," she said.

Dumpfrey argued he cleaned up the scene, including moving Holly's body to the trunk of her car and moving that car to a parking garage about 10 minutes away, throwing out evidence, including the knife, and cleaning up the bloody scene. Erickson urged the jury to believe Dumpfrey's explanation that he did this to spare his daughter the sight of her mother's body and blood, even if it might not be how they would react in such a situation.

Lepchuk said this made no sense. If he was telling the truth about a mystery man" in the apartment, then he cleaned up evidence that would have proven his story. She asked: Why not call 911? Why not try to help Holly? Why leave your daughter alone in the apartment when you don't know if this strange man will come back?

Both lawyers pointed to DNA evidence from drops of Holly's blood found all over the apartment. Some of the samples also had minor DNA contributions from Dumpfrey and from unknown sources that were not suitable samples to test further.

Erickson argued those DNA samples could be the unknown man and that Dumpfrey's DNA could have been blood, backing up Dumpfrey's story that he was cut by the knife during the struggle.

Lepchuk argued it was ironic" that the defence was pointing to insufficient DNA samples as proof, when it was Dumpfrey who cleaned up the scene.

All the DNA evidence shows is that Holly's blood was there. The rest is not clear, she said. Those minor DNA profiles could be from background DNA" - bodily fluids or skins cells deposited weeks or more before Jan. 14, 2018.

Holly's family and friends testified that she was afraid of Dumpfrey, but kept the peace for their daughter. They said she never left her daughter alone with Dumpfrey, who was twice convicted of assaulting Holly before her death.

Erickson argued that family and friends did not have the whole picture" of their relationship, pointing to video and pictures of the couple and their daughter happy together in the summer of 2017 and visits they had that Christmas.

Lepchuk agreed there were things Holly kept from family, including telling her sister Stacie that she was going to a friend's house the night she was killed. But those smiling pictures show the good times; you don't take pictures of the bad times, Lepchuk said.

Holly was a classic victim of domestic abuse," she said.

That's why it makes no sense that Holly would bring a strange man into Dumpfrey's house and attack him, Lepchuk said. Their four-year-old daughter was in the apartment, asleep on a futon the night Holly was killed. She later told police she saw her mommy sleeping in the shower before she disappeared.

The trial continues Monday with the judge's charge to the jury.

Nicole O'Reilly is a crime and justice reporter at The Spectator. noreilly@thespec.com

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