GUILTY Canada - Taylor Van Diest, 18, beaten to death, Armstrong, BC, 31 Oct 2011


From the link, bbm.
So glad Taylor managed to nail him, literally - stopping him from harming anyone else, imo.

"A forensic pathologist, the emergency room doctor who treated Van Diest and even those who came across her battered body on the railway track described how the 5-foot-4, 126 lb teen had been fatally beaten the night she met Foerster.

It was the teen's fight for survival that ultimately convicted Foerster, said Crown Counsel in his closing arguments. Despite the significant size difference between Van Diest and her attacker, she scratched his neck and collected the DNA that tied him to the scene."
 
http://www.cbc.ca/news/canada/briti...l-armstrong-murder-taylor-van-diest-1.3827243
attachment.php

[h=1]Family hosts final public memorial for murdered Armstrong teen[/h]
[h=3]18-year-old Taylor Van Diest found severely beaten on Halloween night 2011[/h] By Jaimie Kehler, CBC News Posted: Oct 31, 2016
[h=2]Sombre anniversary[/h] The final public memorial walk and vigil for Taylor Van Diest begins at 5:30 p.m. PT on Tuesday, Nov. 1 at Glad Tidings Church at 2570 Pleasant Valley Rd. in Armstrong.
Marie Van Diest said next year she and other family members will mark the sombre anniversary on their own.
"Who knows? I may just go quietly sit on the bench by myself and reflect."
 

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Something to consider perhaps in other cases involving a " last message" sent by a victim prior to attack and how it is later interpreted in court, imo speculation.
rbbm.
March 7 2017
http://www.torontosun.com/2017/03/0...n-2011-halloween-slaying-of-18-year-old-woman
[h=1]New trial for B.C. man accused in 2011 Halloween slaying of 18-year-old woman[/h]
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VANCOUVER — A man who was convicted in the murder of an Armstrong, B.C., teen has had his conviction overturned on appeal and a new trial ordered.

The accused admitted he was guilty of culpable homicide, and the issue at trial was whether it was murder or manslaughter — and, if murder, whether it was first- or second-degree murder.

The jury found him guilty of first-degree murder and he received the mandatory sentence of life in prison with no parole eligibility for 25 years.

In his reasons for judgment, B.C. Court of Appeal Justice Harvey Groberman found that one of the judge’s errors related to the accused’s disposal of a shoelace and a flashlight used in the attack.

He said Rogers had failed to instruct the jury that the accused’s disposal of the weapons was of no probative value in determining whether Foerster was guilty of murder rather than manslaughter.

The other error Groberman found related to the last text message sent out by Taylor Van Diest’s phone that she was being “creeped.”

Groberman said the judge should have issued an instruction of the limited use the jury could make of that text, but failed to do so.

Her boyfriend had interpreted the text to mean that someone was looking at her in a way she perceived as showing a sexual interest in her.

The issue became critical when the Crown invited the jury to use the message improperly, both by referring to it as proof of Foerster’s state of mind and by seeking to have the jury interpret the message to mean that she was being menacingly stalked, said Groberman.

“That meaning was not consistent with the evidence of Ms. Van Diest’s boyfriend on what she would have meant by ‘Being creeped,’” said the judge.
 

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