A lawyer accused Joshua Tomlinson of lying about where he was the night Allen Schairer was killed as his joint Sarnia murder trial started its sixth week Monday.
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Tomlinson, 38, and Noah Brown, 31, have pleaded not guilty to second-degree murder and breaking and entering the death of Schairer, 62, a retiree and photographer who lived alone on Devine Street near Tecumseh Park. He was discovered in his bathtub stabbed to death on Jan. 26, 2021, after police found his car abandoned on city outskirts, the trial has heard.
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It was an abbreviated day in court, with proceedings not starting until after 3 pm
As Brown’s lawyer, Michael Moon, continued cross-examining Tomlinson for a fourth straight day, he focused on his story of walking home on Kathleen Avenue when Brown pulled up in a car, cut his hand with a knife and essentially forced him to help offload some stolen property. Moon noted defensive wounds from knife attacks are usually on palms, but his was on the top of his left hand.
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Tomlinson said everyone’s different and that’s what happened. Moon countered that’s what happened, or he was a liar. Then he accused him of cutting himself while attacking Schairer, which Tomlinson denied.
Moon also asked Tomlinson why, if he was so close to his Kathleen Avenue home, he didn’t just run there after being attacked with a knife. Tomlinson said he can’t explain what he didn’t do, just what he did.
Moon countered that it was a poorly conceived lie. Tomlinson replied that he had three years to come up with a story and could have come up with something better and more believable if he wanted to.
“I agree that your story’s completely unbelievable,” Moon replied.
Moon then questioned how there was no blood in the car he got in, but Tomlinson said he wrapped up his bloodied hand in the bottom of his T-shirt.
The lawyer then suggested that Tomlinson had gone into Schairer’s house, took a kitchen knife and attacked him in a cowardly manner, stabbed him and looted his house as he lay dying in the bathtub.
“No, sir,” Tomlinson calmly responded.
Moon concluded his cross by saying Tomlinson was a murderer.
“No, sir,” the defendant said again.
Crown attorney David Rows started his cross-examination late Monday.
The trial continues Tuesday.
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