NEW WESTMINSTER, B.C. (CP) _ Was Robert Pickton smart enough to have committed the crimes for which he stands accused?
Pickton's lawyers took centre stage for the second phase of the massive trial against the former pig farmer, telling jurors they'll be hearing about Pickton's level of intelligence from experts, school records and people who know him.
In his brief opening remarks, lawyer Adrian Brooks returned to the themes that had formed some of the key defence jabs to the Crown's case, including the significance of forensic testimony, and the reliability of two key civilian witnesses.
The Crown had opened its case last January with what prosecutors portrayed as damning statements Pickton made to police shortly after his arrest in February 2002.
In them, Pickton told an undercover officer he got caught because he was sloppy.
The police interviewed him for 11 hours, dangling gruesome bits of evidence found at his farm while they talked.
Brooks returned to the statements Tuesday morning, asking the jury to think again about how significant the comments really were.
Brooks told jurors defence lawyers will raise the possibility that Pickton's level of intelligence compromises the significance of his words.
``As you're listening to this evidence and as you will be ultimately be drawing your conclusions, think not how would I respond to that, what choice would I make, but think about Mr. Pickton,'' he said.
``When you know everything about his level of intelligence, what choices he would make, what are the quality of the choices he would make in the context of those statements, with that in mind listen to the evidence we are going to call.''
Over the Crown's case, jurors heard from police officers and scientific experts about the hundreds of thousands of pieces of evidence seized from the Port Coquitlam, B.C. farm, including the remains of the six women for whose deaths Pickton is now on trial.
The forensics themselves will also be called into question, Brooks said, with other police officers set to take the stand about how they were collected.
The defence intends to raise doubts about the significance of blood stains found on the mattress in Pickton's motorhome and human DNA found on a bandsaw.
The saw belonged to Pat Casanova, one of two civilian witnesses whose testimony the defence also seeks to challenge.
The second is Lynn Ellingsen, a former associate of Pickton's who spent seven days on the witness stand testifying that she saw a woman's body hanging in Pickton's slaughterhouse.
Much of her reliability has already been questioned and the defence continued on that theme Tuesday, questioning ambulance workers who'd attended to her in March of 1999.
Brooks said Tuesday the defence's case will not necessarily attack or explain how human remains or articles belonging to the women ended up on Pickton's farm, but will simply strive to raise reasonable doubt that Pickton committed the murders.
``Recall when you first came into this courtroom over eight months ago, and when you came into this courtroom, when you first saw the layout of the courtroom, did you look over that box and say oh, that's where the innocent person sits?'' he said.
``You probably didn't, but ladies and gentlemen, that's where the innocent person sits and he sits there in that seat unless you come to a conclusion that is different.''
Pickton is charged with killing Andrea Joesbury, Mona Wilson, Georgina Papin, Sereena Abotsway, Marnie Frey and Brenda Wolfe.
A trial on a remaining 20 charges is expected to follow at a later date.