MONTREAL – Convicted killer Luka Rocco Magnotta wants a new trial for the murder of Chinese student Jun Lin, saying his conviction was "unreasonable and unsupported by the evidence."
Twelve jurors found Magnotta guilty of first-degree murder last month for killing and dismembering Lin, 33, in Magnotta’s Montreal apartment.
The 32-year-old Torontonian listed 12 grounds for his motion on Monday to the Quebec Court of Appeal.
Magnotta claims trial Judge Guy Cournoyer "erred in law" on several fronts, including issues related to Magnotta’s motives for killing Lin.
He also claims the judge confused the jury by including motive in his final instructions.
Magnotta’s lawyer told the trial that the killer was out of his mind and obeying voices when he slashed Lin’s throat and filmed himself cutting Lin’s body to pieces.
The jury rejected the insanity claim, agreeing with the Crown that Magnotta was a sadist who sought fame by committing a planned and deliberate murder.
In his appeal request, Magnotta said Cournoyer "(confused) the issue of intent, planning and deliberation in relation to first-degree murder."
Magnotta also claims the judge failed to properly instruct the jury about the insanity defence and wrongly limited questions Magnotta’s lawyer could ask in response to Crown rebuttal witnesses.
The main rebuttal witness, Crown psychiatrist Dr. Gilles Chamberland, testified Magnotta was an attention seeker and likely wasn’t schizophrenic.
Magnotta accused Cournoyer of refusing to dismiss juror 14 despite "a reasonable apprehension of bias."
The juror worked for a meat company co-owned by a Montreal police officer. The officer’s boss is married to Det.-Sgt. Claudette Hamlin, a lead investigator in the Magnotta case.
Cournoyer questioned the juror and the co-owner of the meat company and concluded there was no conflict of interest.
Magnotta also claims the judge failed to properly instruct the jury on how to treat "bad character evidence" against him.
The jury heard about Magnotta’s texts to a drug dealer, which defence lawyer Luc Leclair said was prejudicial.
Magnotta is serving a life sentence with no chance of parole for 25 years.