Calgary man convicted of killing 3-year-old girl wants second opinion on mental state
A sentencing hearing for a Calgary man convicted of second-degree murder in the beating death of his girlfriend's three-year-old daughter has been delayed because he wants a second opinion on his mental health.
In March, Justin Paul Bennett was found guilty of second-degree murder in the death of Ivy Wick, the daughter of Helen Wordsworth.
Ivy suffered blunt force trauma injuries on Sept. 27, 2017. She never regained consciousness and died in hospital eight days later.
Bennett had initially told the 911 operator and police that Ivy hit her head after she tripped and fell. He was arrested a year later in connection to the little girl’s death after an undercover police sting.
The 'Mr. Big' operation generated key evidence submitted by the crown. Bennett admitted he beat Ivy after she interrupted his video game.
Undercover officers befriended him as part of a fictitious criminal organization. They told Bennett they could clear his name because they had access to a corrupt medical examiner who could make a fake report. But he had to be truthful about what happened to Ivy.
Bennett said he smashed Ivy in the head, threw her against the wall and tripped her while her mother was in the shower. A videotaped conversation between Bennett and undercover officers was submitted as evidence at trial.
On Wednesday, the matter was put over to Oct. 8, at which time a date is to be set to question the original doctor about his diagnosis.
Bennett's lawyer told the court that his client complained that Dr. Reilly Smith, the psychiatrist who did his assessment, didn't like Bennett and showed bias in his report.
"He detected a real sense of animosity towards him ... and Dr. Smith's perceived animosity became even more pronounced on numerous occasions when Dr. Smith asked my client to discuss the allegations and circumstances surrounding the death of Ivy Wick," said Alan Fay.
"He tells me further that very early in the process that Dr. Smith conveyed to him that the ultimate assessment would be a negative one and he would likely be found a significant danger."
Fay asked Court of Queen's Bench Justice Blair Nixon to order a second assessment because his client couldn't afford to pay for an independent report on his own.
Crown prosecutor Tom Spark told court he would consent to the delay and agreed to have Smith attend court to be questioned on the matter but opposed another psychiatric examination.
"It's a slippery slope to start ordering second opinions to the hospital every time an offender is displeased with a report and would only contribute further to overwhelming and stretching an already thin system," Spark said.
Fay told reporters outside court that he's familiar with the doctor and has always found him to be fair and competent, but noted he was following his client's instructions.
"I haven't seen this in over 32 years in these courts. I've certainly never done it myself," he said.
But Fay said the psychiatric evaluation could have a major impact during sentencing.
"The issue at sentencing is the period of parole ineligibility. The impact of the psychiatric report frequently does impact on that particular aspect of sentencing."A second-degree murder conviction carries a life sentence with no chance of parole between 10 and 25 years.
A second-degree murder conviction carries a life sentence with no chance of parole between 10 and 25 years.
CTVNews.ca Top Stories
![](https://www.ctvnews.ca/polopoly_fs/1.6969824.1721357192!/httpImage/image.jpg_gen/derivatives/landscape_800/image.jpg)
Trump describes assassination attempt in personal detail as he accepts Republican nomination
Donald Trump, sombre and bandaged, accepted the GOP presidential nomination on Thursday at the Republican National Convention in a speech that described in detail the assassination attempt that could have ended his life just five days earlier before laying out a sweeping populist agenda, particularly on immigration.
Here's what happened on the final night of the RNC
The final day of the Republican National Convention was underway in Milwaukee where Donald Trump made a lengthy speech.
'We had a good run': High-profile Liberal minister quitting cabinet, not running in next election
Labour Minister Seamus O'Regan has announced he will not run in the next federal election, and will be quitting his cabinet position Friday.
Shannen Doherty granted divorce days after death
Shannen Doherty finalized her split with husband, Kurt Iswarienko, just hours before her death at age 53, and she was granted a rare posthumous divorce two days later.
B.C. woman who thought Coldplay concert 'was a date' must pay ex for ticket, tribunal rules
A B.C. woman has been ordered to repay her ex for a ticket to Coldplay's 2023 concert in Vancouver – in a small claims decision that highlights the distinction between gifts and loans under Canadian law.
Boy who was reported missing from a resort near Disney World found dead in water
A three-year-old boy who was reported missing from a resort near Walt Disney World in central Florida early Thursday was found dead in a body of water on the resort's grounds several hours later, the sheriff's office said.
Northern Ont. OPP sergeant charged with impaired driving
An Ontario Provincial Police sergeant with 26 years of experience has been charged with impaired driving in Cochrane.
Once defiant, Biden is now 'soul searching' about dropping out of race: Reuters source
U.S. President Joe Biden is taking calls to step aside as the Democratic presidential candidate seriously and multiple Democratic officials think an exit is a matter of time, Reuters reported, citing sources familiar with the matter.
2 dead after small plane crashes in Tofino, B.C.
Two people died and a third was seriously injured in a fiery plane crash in Tofino, B.C., on Thursday, according to authorities.