Judge instructs jury in Figliola trial

The jury in the Figliola murder trial spent the day listening to instructions from justice Alan Whitten. Maria Figliola is accused of hiring a hitman to kill her husband Frank, a Dofasco worker, in August 2001.

The judge has explained what it means to have reasonable doubt, and how a witness could be tainted.

The fact that motive is not that important to the prosecution it’s just one thing to consider.

He’s described first degree murder as something planned and deliberate, and he has started going over the evidence presented during the trial, which began back in March.

The judge talked about how Maria Figliola lied to police, in recorded interviews she insists she has no boyfriend, when in fact she had been dating someone months before Frank’s death and continued that relationship for another year or so. She told police she didn’t have a cell phone but she did, and police had a wiretap on her phone in which she was intercepted in several conversations with her boyfriend, in many cases telling him to be careful what he said because police may be listening.

The judge told the jury they would have to decide why she was lying. It could be to conceal the fact that she had a boyfriend, which didn’t look good when Frank was beaten to death, and not because she played a role in Frank’s death.

The judge also went over Frank’s gambling habit. The defence says he was probably killed for his debts while the crown says Frank only gambled within his means, his finances were stable when he died. There is no evidence he engaged in illicit gambling.

Forensic evidence shows Frank was beaten to death with what was likely a pool cue. He was probably hit as he walked along a path near Millen Road in Stoney Creek where he often walked. He was likely hit first in the face, then the back of his skull was savagely shattered as he lay face down on the ground.

The judge will continue, he hopes to finish by tomorrow afternoon, and then the jury will deliberate.