A man sentenced for murder in the brutal stabbing death of a seven-year-old girl five years ago is appealing that conviction.
The accused, David Michael Moss, admitted to killing Bella Rose Desrosiers but during his original trial argued he was not criminally responsible.
Last year, he was denied a not criminally responsible (NCR) claim and found guilty of second-degree murder. He was sentenced to life in prison with no chance of parole for 15 years.
Moss is appealing his murder conviction and his lawyer says he should be in a psychiatric hospital, not prison.
On Friday in an appeal courtroom in Edmonton, his lawyer says the trial judge did not properly consider what led to the attack, arguing they erred when considering expert evidence on his psychosis.
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The issue at the time was whether or not he had the requisite intent and understanding for murder.
During the original trial, court heard Desrosiers’ mother Melissa Francis, a nurse who had lost her own husband to suicide, was worried Moss — a high school friend — might be suicidal.
On May 18, 2020, she brought him into her home at 25 Avenue N.W. and 43 Street N.W. in Mill Woods.
That’s where Moss began slashing the child with scissors. Moss admitted to killing Bella but said he had no memory of it.
The majority of the experts who testified believed Moss was in a cannabis-induced psychosis and that he knew what he was doing was wrong and would cause harm.
Moss’ defence says the experts offered opinions on legal matters, that the judge should not have been able to consider in his decision.
The appeals court judges reserved their decision, which will come at a later date.
— with files from Erik Bay, Global News
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