The Canadian Champion, Fnday, September 8, 2000 - 5 Defence says victim's death was accidentai: trial By LISA CARTWRIGHT The Champion David Fiorino accidentally killed Stephen Andreopoulos, a defence lawyer told a jury Tuesday in his opening statemnents in an ongoing first-degree murder trial in Superior Court irn Milton. For tise frss time in tise four-montb-old trial, defense lawyer Robert Nuttaîl spoke intimately to tise nine-men, tisree-women jury about wisat bappened on July 2, 1996. He told tise jury Mr. Fiorino, 27, did meet tise deceased tisat day over four ycsrs ago to take part in a contraband liquor deal. He said bis client - wiso veilI be testifying attise trial - got involved because be beard it wss an easy way to make money. He startcd playing a role of someone wiso bad connections s0 be could look good in front of Mr. Andreopoulos and bis psrtners Dominco Sacco and Jim Pearson, tise jury iseard. "He wattd to be taken seriously," Mr. Nuttaîl said. 'fic jury iscard tisat Mr. Fiorino's connection to tise contraband alcoisol world was Mike Fontaine. But on July 2, 1996, Mr. Fiorino found out tise booze wasn't coming. "David Fiorino is grecdy," Mr. Nuttaîl said. "David Fiorino wants thse money. Davidl Fiorino begins to tisink 'How can 1 rip off Stepisen Andreopoulos?"' ise jury beard tisat Mr. Fiorino continued tise plan and met Mr. Andreopoulos and Mr. Sacco at a gas station in Maple, Ontario. Mr. Andreopoulos kept tise moncy. Tbcy lefi, iscading for Milton. Tise pair atoppcd attise Derry Road propcrty under thc pretense of picking up a traider tisat was loaded witis two stolen trees, to use for tise alcoisol. Mr. Fiorino got into a backlioe and unloaded tise firat tree. It was white unloading tise second trac tisat tise backhoe malfunc- tioned, cauaing citiser tise backlioc buckct, tise base of the trac or botis to bit Mr. Andreopoulos in tise cisest. "Mr. Fiino did fot Sefie police. Mr. Fiorino id nothlg.")I Mr. Fiorino noticed the other man on tise ground. He went to bim and saw he was gasping for air. He aso noticed his chest was covered in what he thought was blood. Mr. Fiorino thought the man was dead, thse jury heard. "Mr. Fiorino did flot cali the police. Mr. Fiorino did notising," Mr. Nuttali told tise jury. Tise jury heard the accused didn't think anyone would believe him tisat it was an accident. Instead, Mr. Fiorino lifted the 36-year-old Barrie man's body into tise backisoe bucket and placed him in taîl grass. About two hours later he buried the man in a nix-foot grave. "David kept the nioney," Mr. Nuttail said. Mr. Nuttal told tise jury what he had juat said wasn't evidence. TIse actual evidence would corne from the witnesaes. Fooensic patisologist Dr. James Ferris alto testified Tuesday. flic jury heard tisat belore ise made his report for Mr. Nuttal, the British Columbia patbologist received a number of documents including a report by Dr. Martin Bullock. Dr. Martin Bullock, who testified earlîer in tise trial, said he couldn't give an exact cause of deats. Mr. Nuttall aaked tic doctor if it waa possible to have a trau- matic deatis without any signs of injury. Dr. Ferris told the jury about commotio cordis, whicb occurs wisen there's blunt impact in tise cheat. It leads to cardiac arrent. And it doesn't leave any signa. Tise doctor gave tise example of a hockey player who gets bit in the cbest with s puck and dies. But usually commotio cordis happens wben people - usually friends and family - are around to see it occur, Crown attorney Brian O'Marra told the doctor Wcdnesday. Dr. Ferris agreed. "You aee flot usually concemed (that) tise person describing wha.t bappened would lie.., or mislead," asked Mr. O'Marra. Tise doctor oeplied "tn most cases, no." Tise trial continued yesterday. Pnsit ive \- 11 lrpact lIOROPS IN1 Make a freth start for the millennium! A Journey Toward Strength for Women .when ys leaf throsigh the studies. you can sense,loatsng inthe air, glsosts of unborn dreams, unrealized isopet. andiscovered talents" - Caryl tivers. Rosalind Barnet in BqlondSugar ansiSpice Why ù it so many of usfissd dufficudsy rruly vaduing oursesses? Join jane Keltand-Grrmain for a six week workshop designcd especially for women. In a comfortabte, relassrd atmosphCr discover ways to develop pisysical and mental strengsis, ta raise yoor self-veorsi andl to redhscover "you". àJane han been working wîish women for over 20 years. Sh. bas a background in physicat fttness, nutrition and psychology and was host and producer of tise CTV television serirs " irness with Lave". 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