As ex-mayor’s second trial nears end, first one may be called into question

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While the former mayor of Woodstock’s second sexual assault trial moved closer to the finish line, there is a chance his first trial, at which he was convicted, could return to the starting blocks.

Trevor Birtch, 49, is supposed to be sentenced on Nov. 18 after Superior Court Justice Michael Carnegie convicted him in August, after a trial that ended in June, of one count of assault and one count of sexual assault of a former girlfriend in 2021 when he was still mayor.

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However, at the end of closing arguments at Birtch’s second trial Friday on three counts of sexual assault involving a different woman, defence lawyer James Battin told Superior Court Justice Spencer Nicholson “a mistrial application in respect to (the first) decision” is in the works.

Outside of court, Battin would not elaborate on why he is seeking to have the first case overturned or when the application might be made.

Birtch was Woodstock’s top elected official for two terms before he was crushed at the polls in 2022, after he was charged with multiple counts of sexual assault. He also is facing an impaired driving charge in Woodstock and has charges of assault and unlawful entry in London.

There was some overlap between the two trials. Birtch testified at both and denied all the allegations. At the current trial, he suggested there was a conspiracy among women in Woodstock who were determined to embarrass and humiliate him.

The complainant in this case is a 39-year-old woman who admitted to a history of serious health and addiction issues. Her identity is protected by court order. Birtch was seeing her and the victim at the first trial at the same time in 2021.

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She said Birtch was at her home often to drink and consume drugs. She described several incidents of non-consensual sex and indignities starting in 2019 when she and Birtch re-kindled a previous relationship to April 5, 2022, when she said she was sexually assaulted on her couch while she was sleeping.

Birtch denied any wrongdoing and portrayed himself as a caring, helpful friend to the woman who needed his support.

Friday was devoted to the closing addresses by Battin, who said the Crown hadn’t proven its case and Birtch should be believed, and assistant Crown attorney Jennifer Moser who told the judge he should believe the complainant and the other Crown witnesses who described Birtch’s often-erratic sexual behaviour.

“There is nothing sinister about Mr. Birtch’s blanket denial,” Battin said and pointed out Birtch had maintained that stance during an intense cross-examination.

Battin asked Nicholson to review carefully the evidence of Birtch’s former friend, a woman who had helped in his political campaigns and had relied on him to promote her community outreach projects.

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The friend had a lengthy text and voice conversation with Birtch on Dec. 18, 2021, that was presented during the trial. She had been diagnosed with a serious illness, but Birtch claimed the two of them had been talking for weeks.

However, the tone of the conversation was that of two people catching up after months apart. It was during that exchange that Birtch disclosed he had met a  woman he wanted to marry and sent an audio message where he gave a graphic, violent description of the “attic torture scenario” when he said he had locked the complainant in his attic, tied her up and sexually abused her.

Birtch said it was a embellished account the friend wanted because she was writing a book for him based on his sexual exploits as a Christmas gift.

Instead, Battin argued, the friend was setting him up. “(She) would smile in Mr. Birtch’s face and stab him in the back,” he told Nicholson. The friend had contacted the complainant about the attic description, but she told the police she didn’t remember and testified she didn’t have a clear memory of it.

Battin told Nicholson the friend was “either jealous of the new relationship or feared losing control of Mr. Birtch and his status in the community.”

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But Moser argued there is “significant problems with (Birtch’s) credibility” not just about his conversation with the friend, but his entire testimony.

She pointed to the Christmas story alibi as unbelievable and the idea of a conspiracy between the women was never proven.

Also “far-fetched and fanciful” was Birtch’s explanation he wasn’t carrying around cocaine, but had crushed up naproxen tablets in coin bags and would snort the powder to alleviate the pain from an old shoulder injury. Moser said the explanation “defies logic.”

She questioned Birtch’s account of a trip with the complainant to Turkey Point where both he and the woman described an unidentified homeless man holding a knife to her face, and beating and choking her at a picnic area. They left before police arrived.

The woman, who was badly injured, said Birtch did nothing to help her during the attack, and after a woman called out that she was calling the police Birtch packed up the barbecue and they left.

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Birtch said he was following her wishes and didn’t take her to the hospital in Ingersoll until the next day. He never reported the attack to the police. He denied he tried to force the woman into a sex act at the side of the road on the way back to Woodstock after the woman was complaining about jaw pain.

“Surely the mayor of Woodstock would have stayed to speak to the police unless it was viewed in his best interest not to,” Moser said, adding there was a potential killer on the loose.

“It simply didn’t make sense,” Moser said about Birtch’s account of the incident.

She added the complainant gave strong evidence about various sexual assaults Birtch inflicted on her, with graphic details about where she was at the time, what was happening and the pain she endured from them. She recalled incidents when she woke up and Birtch described what he had done to her.

Nicholson reserved his decision and put the case over to Oct. 16 when a new date for his decision will be set.

jsims@postmedia.com

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