Defence questions undercover officer's memory at Kalen Schlatter murder trial

Kalen Schlatter's defence lawyer attempted to sow seeds of doubt about the memory of a key Crown witness in court Friday as Schlatter's first-degree murder trial in the death of Toronto woman Tess Richey continues.

Lawyer Lydia Riva cross-examined an undercover Toronto police officer who spent hours talking with Schlatter right after his arrest in February of 2018. The officer testified earlier this week that Schlatter boasted about his ability to pick up women and talked about the case against him while the two were locked up next to each other.

Riva repeatedly questioned the undercover officer's recall of information. He testified from behind a large screen to protect his identity from the body of the court.

"I take it, officer, it would have been preferable for you to record the conversation for your memory, correct?" Riva asked.

"A recorded conversation would have been ideal, definitely," the officer responded. No reason was given as to why the conversation was not recorded.

Richey, 22, was reported missing in November 2017 after a night out in the Church and Wellesley area. Investigators say she was strangled. Schlatter, 23, has pleaded not guilty to first-degree murder in connection with her death.

Richey's body was found at the bottom of an outdoor stairwell at 582 Church St. in downtown Toronto four days after she was reported missing.

In her opening address to the jury, Assistant Crown Attorney Bev Richards said Schlatter's DNA was found on Richey's pants and bra.

Boasts about women

At one point Friday, Riva zeroed in on Schlatter's "boasting" about his prowess with women. The officer testified earlier this week that Schlatter said he had "slept with over 40 women" at only 21 years old, and said he could tell the undercover cops "his secrets."

"That's when Mr. Schlatter starts speaking about having foursomes, and sex with more than one woman at a time on college campuses, and with random girls, and that girls beg him to sleep with them," the officer previously said.

The officer testified Friday that Schlatter linked every topic that came up with women.

"He was the one making those connections," he said.

At one point during her questions, Riva said her client "self-identifies as bisexual," and asked the officer if he was aware of a video that shows Schlatter kissing and dancing with another man at Crews and Tangos, which is the bar Richey attended on the night she vanished. The officer said no, he wasn't. That video has not been shown in court.

Riva also asked the officer if he knows anything about the treatment of gay and bisexual people in jail. He said no, to which Riva responded, "Have you watched a jail show before?" The officer said yes, he had.

At the end of her cross-examination, Riva pointed out just how much her client had shared with the officer while they were locked up together.

"Did Mr. Schlatter ever tell you that he murdered Tess Richey?" Riva asked. The officer responded no, he didn't.

Judge admonishes defence lawyer

Earlier in her questioning, Riva asked the officer about the "character" he was playing as part of the undercover operation.

"You were presenting yourself as a criminal, or at least someone suspected of committing a crime," she said.

"Ms. Riva, I was in the cells," the officer responded, deadpan.

At several points on Friday morning, Justice Michael Dambrot admonished Riva for bringing up things stemming from pretrial motions in front of the jury.

"You are not to announce to the jury what you know or don't know from other matters," Dambrot said.

"I'm really getting tired of it, Miss Riva," Dambrot said at another juncture.

Tensions also rose between the defence and the Crown, with several objections coming from Richards during cross-examination.

"I don't generally take cross-examination tips from the prosecution," Riva shot back, at one point.

adam.carter@cbc.ca