Toronto man should be found not criminally responsible for murder, court told – Toronto

TORONTO — The prosecution and defence in a Toronto murder trial have told court a 33-year-old man should be found not criminally responsible for killing his grandmother and trying to kill a health-care worker.

Michael Colatosti has pleaded not guilty to second-degree murder for the death of Elena Marcucci and attempted murder of Osayuki Erhabor on Aug. 18, 2018.

The proceedings have largely taken place over telephone and video conference due to the COVID-19 pandemic while the judge and some staff are at the downtown courthouse.

An agreed statement of facts says Colatosti lived with his grandparents to help take care of his grandfather who suffered from dementia.

The facts say Colatosti believed the world was ending and that his grandparents were robots sent to harm him.

Court heard Colatosti stormed out the basement in west-end Toronto around 6:30 p.m. and stabbed his grandmother to death and also stabbed Erhabor, who was tending to his grandfather.

“We have evidence that Mr. Colatosti was under the delusion the end of the world was happening and his grandparents were really just impostors that turned into robots that were malevolent, and he had to act out,” said Crown attorney Patrick Travers.

“We support the defence of the not criminally responsible verdict.”

Court heard Dr. Ian Swayze, a forensic psychiatrist, examined Colatosti and concluded he suffered from a major mental disorder before, during and at least a month after the killing.

Swayze diagnosed Colatosti with what’s known as an unspecified psychotic disorder and a severe substance use disorder.

Court heard Colatosti used to smoke four grams of marijuana a day — the equivalent of 13 joints or “24 significant bong hits,” said his lawyer, Robert Karrass.

The marijuana use affected Colatosti’s mental health, according to the psychiatric report, though it did not cause his condition.

“But for the marijuana use, it is unclear if his condition would have spiked to this moment,” Karrass said. “But it’s not the marijuana use that caused the condition, but the underlying psychotic condition.”

Colatosti elected to proceed to trial without a jury, a condition that was granted by the province’s attorney general, the Crown said. That allowed the proceedings to continue, as no new jury trials can take place at the moment due to the COVID-19 crisis.

Justice John McMahon said it’s the first time he’s tried this type of remote trial, and there were several technological glitches that were fixed in about 40 minutes.

Colatosti participated in the proceedings from the Toronto South Detention Centre while the Crown and defence attorneys participated remotely.

The judge is expected to deliver his verdict Wednesday afternoon.