Defence for special constables suggests Corey Rogers died from alcohol poisoning

Defence lawyers for two Halifax police special constables accused of negligence in the jail-cell death of a man who vomited into a spit hood almost five years ago launched their case Monday at the retrial.

They are arguing Corey Rogers was so drunk at the time of his death, his body was shutting down.

The point is important because the booking officers are accused of not monitoring Rogers closely enough as he lay dying on the floor of a Halifax jail cell.

The highly-intoxicated Rogers was arrested outside the IWK Health Centre on June 15, 2016, a day after his daughter was born at the children's hospital.

The court has viewed a number of lengthy surveillance videos, including one that shows Rogers interacting with security staff at the IWK before being convinced to leave by his partner.

Hospital staff called police, who arrested Rogers for public intoxication.

Previously-introduced evidence suggests Rogers quickly downed a half pint of Fireball Cinnamon Whisky and tossed the bottle aside before he was taken into custody.

Fitted with a spit hood even before being brought into the police station for processing, the medical examiner later ruled Rogers vomited inside the hood and died of asphyxiation.

Two special constables, Daniel Fraser and Cheryl Gardner, are being retried for negligence.

On Monday, the defence introduced an alternate conclusion: alcohol poisoning.

"He was an alcoholic, but that's an illness, it's not a crime," said Jeannette Rogers, Corey's mother.

Testifying via video link from Toronto, Forensic Toxicology Consultant Rob Langille noted Rogers' blood alcohol level was .367 -- slightly more than four-and-a-half times the legal limit -- more than enough to be lethal, in his opinion.

After a rigorous cross-examination where he conceded a number of points, defence lawyer Ronald Pizzo asked: “Are you aware, or do you have any knowledge or information about the level of training that police officers and booking officers receive in Nova Scotia around intoxication…?”

"No, I don't," replied Langille.

"This fellow isn't a pathologist, he's a toxicologist, and he can speak to the amount of alcohol, but he doesn't know Corey, he didn't know his drinking patterns," Jeannette Rogers told CTV News.

Later, the defence introduced pathologist Dr. David Chaisson, an acknowledged expert who has worked on thousands of cases, including the high-profile murders of Barry and Honey Sherman in Ontario.

Based on evidence he reviewed, Chaisson concluded Rogers was likely already unconscious and dying of ethanol intoxication when he vomited, meaning the spit hood would have made little difference in the outcome.

Court has already viewed hours of surveillance video, documenting the chain of events that night.

"It's all caught in real time, but obviously, there's going to be different arguments and different interpretations about what the evidence means," Prosecutor Chris Vanderhoof told CTV News.

"That's why we have trials."

This case is scheduled to resume Tuesday and wrap later this week.