Defence lawyer Peter Royal is calling for a mistrial Monday after his client, Katrina Effert, was found guilty of second-degree murder in the death of her newborn baby.
The jury delivered the verdict Saturday afternoon after final arguments were heard on Thursday.
However, the jury's finding has not yet been recorded due to a strong objection from Royal.
In Monday's meeting in front of Court of Queen's Bench Justice Joanne Veit, Royal called the verdict, "unreasonable" and "one that flies in the face of the evidence called by the defense."
Royal said the verdict was completely wrong. "I urge you to find a remedy. I think that remedy is to declare a mistrial," he stated in court.
He said the jury misunderstood, misappreciated and mischaracterized the evidence and there is "overwhelming evidence" that his client was clearly disturbed and hadn't recovered psychologically from the birth.
Royal has argued that Effert's mind was disturbed at the time and it's a clear case of the lesser charge of infanticide, a defence that can be used when a woman kills a child under the age of one and can prove the "balance of her mind is disturbed," by reasons relating to giving birth.
"Any right-thinking person I think would think that this was wrong. If this is not an infanticide case than infanticide ought to be taken out of the code," said Royal.
At the beginning of the trial in early June, Royal told court Effert would plead guilty to infanticide but the Crown did not accept that guilty plea.
Legal expert Sanjeev Anand applauds Royal for what he calls an "ingenious application," but said the trial justice likely won't side in his favour.
"I've never heard in Canada of a trial judge overturning a jury's verdict once it's been rendered," said Anand. "Even though it's an interesting and intriguing argument, I don't believe that first of all there is jurisdiction for the trial judge to do this, second if there is jurisdiction based on these series of facts. I'm not sure if Mr. Royal can make out an unreasonable verdict."
In an RCMP video from 2005, Effert is heard admitting she panicked three hours after giving birth while she was alone in her room.
"I put him [the baby] face down and then I wrapped my underwear around his neck," said Effert in the video.
Crown prosecutors believe Katrina Effert knew exactly what she was doing when she strangled her newborn baby after giving birth to him in her parent's home four years ago.
Ten of the 12 jurors have recommended Effert get the minimum sentence for second-degree murder which is life in prison with parole eligibility after ten years. The other two jurors did not give a recommendation.
Crown Prosecutor Rob Robbenhaar said the only option is the Court of Appeal. "The case you have before you today is essentially Mr. Royal saying the jury didn't agree with the defence.
This is the second time a jury has convicted Effert of second-degree murder. The Alberta's Court of Appeal later overturned the first verdict.
The judge is set to deliver her decision Tuesday morning.
