There is no denying that Michael James Robertson caused the death of Rocky Genereaux, but the jury hearing his murder trial must decide whether he may have acted in self-defence, Robertson’s lawyer said during his opening statement.
However, the jury did not hear the circumstances surrounding that defence when the second-degree murder trial resumed Monday in Saskatoon Court of Queen’s Bench. Robertson’s lawyer, Brent Little, indicated his client will take the stand on Tuesday.
The 29-year-old is accused of stabbing Genereaux on March 12, 2015 in the victim’s bedroom. Genereaux later died in hospital from internal bleeding in his abdomen and chest cavity.
In his opening statement, Little indicated the dangers of bring poked by a needle will play a role in Robertson’s defence. Dr. Kurt Williams, an infectious disease specialist, took the stand Monday as the first defence witness and was qualified as an expert witness in that area.
Williams testified more than 10 per cent of inner city injection drug users likely have HIV, and a third of users likely have Hepatitis C. Contracting HIV through a needle is “as bad as it gets” because it can take the virus deep into the skin, he told the jury.
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Crown prosecutor Jennifer Claxton-Viczko asked Williams if there is a difference between sharing a needle and being poked or pricked by one. Williams said the risk of contracting HIV is much higher for injection drug users.
During cross-examination, he said if a used needle has been lying around for a period of time, it’s less likely someone would be infected by a needle poke.
Rocky Genereaux’s picture worn on T-shirts of his family and friends.
Investigators searched Genereaux’s home and found a methadone bottle in his name under his bed. Police also found packed syringes in his living room.
The Crown’s theory is that Robertson stabbed Genereaux because he believed Genereaux had stolen the chip from his cellphone. Robertson was visiting the house on the corner of Avenue I South and 18th Street on the night of the stabbing.
bmcadam@postmedia.com
