Appeal dismissed for Mission man who killed his wife in 2002

A Mission man had an appeal of his first-degree murder conviction dismissed in the B.C. Court of Appeal in Vancouver on Tuesday.

A Mission man had an appeal of his first-degree murder conviction dismissed in the B.C. Court of Appeal in Vancouver on Tuesday.

Jamie Robert Kokotailo, 47, was convicted by a jury in August 2009 of fatally stabbing his wife, Lori Lynn Elaine Kokotailo on Dec. 1, 2002. It was his second trial, after his first conviction in 2005 was overturned and a new trial ordered.

Kokotailo received an automatic life sentence with no parole eligibility for 25 years.

At his latest appeal hearing, Kokotailo’s lawyer argued that the judge in the second trial failed to give proper instructions to the jury regarding the issue of intent.

The judge in that trial inferred that “sane and sober persons intend the natural and probable consequences of their acts,” according to court documents.

“His (Kokotailo’s) principal argument is that such an instruction should not be given when an accused is unable to recall what his or her intention was at the relevant time.”

Kokotailo has maintained that he was provoked by his wife and didn’t know what he was doing at the time of the stabbing.

Lori was stabbed nine times in the bedroom of the couple’s Tanaka Terrace home in Mission. Portions of the incident were witnessed by two of her four daughters.

Lori was killed the night she returned from Seattle, where she was having an affair that Kokotailo said he had found out about the day before through an email he discovered.

In his evidence, Kokotailo said he wanted the marriage to continue and did not intend to kill Lori. He said he began to choke her when she made insulting remarks that enraged him, and testified that his next memory was of getting up off the floor and seeing her holding a diving knife.

A struggle ensued, and Kokotailo said he then recalled seeing blood everywhere. He admitted stabbing her, but that he did not remember doing so.

The Crown alleged that Kokotailo had known about the affair for several days prior to the incident, and had planned the murder.

Duct tape, a baseball bat and the murder weapon found in the bedroom were pointed to as evidence of his intentions.

A first-degree murder conviction requires proof that planning and deliberation were involved in the killing.

The three-judge appeal court panel were in agreement that the trial judge did not err in his instructions to the jury, and the appeal should be dismissed.

“Based on the charge as a whole, the jury would not have been left in any doubt that it was required to consider all of the evidence,” said Justice David Frankel in the written ruling.

The full ruling can be found here: http://www.courts.gov.bc.ca/jdb-txt/CA/11/04/2011BCCA0465.htm

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

John Horgan meets with candidates Pam Alexis and Preet Rai and local citizens in Abbotsford on Wednesday afternoon. (Submitted)
NDP Leader John Horgan campaigns in Abbotsford with local candidates

Horgan meets with hopefuls Pam Alexis and Preet Rai on Wednesday afternoon

The website Chigoby is among eight scam online retailers that have been identified by the Better Business Bureau. The site was fraudulently using an Abbotsford residential address, but has since switched to one in Poland.
Eight scam online-shopping websites fraudulently use Abbotsford address

Better Business Bureau says victims lost hundreds for non-existent or poor-quality products

Abbotsford Police Chief Mike Serr provides an overview of the detachment’s year during the annual Crime is Toast breakfast, which this year was held online.
2020 has been a challenging year, says Abbotsford Police chief

Mike Serr provides annual overview during virtual Crime is Toast breakfast

MacDonald tweeted out this photo shortly after being sprayed with bear-mace in 2015.
THROWBACK VIDEO: Fifth anniversary of Abbotsford cameraman’s bear-mace attack

Retired ‘Abby Newshound’ Kevin MacDonald reflects on notorious incident back in 2015

RCMP officers cleared in killing of Abbotsford homeless advocate

Barry Shantz was shot following a mental health crisis at his home on on Jan. 13, 2020,

Provincial health officer Dr. Bonnie Henry presents modelling of COVID-19 spread in B.C., March 25, 2020. (B.C. government photo)
B.C. sets another COVID-19 record with 203 new cases

up to 1,766 active cases in B.C., two more deaths

RCMP. (Phil McLachlan - Black Press Media)
British Columbia man dies during ski trip near glacier west of Calgary

Kananaskis Public Safety and Alpine Helicopters responded around 2:30 p.m.

Prime Minister Justin Trudeau arrives on Parliament Hill in Ottawa on Monday, Oct. 19, 2020, following a week-long break for the House of Commons. THE CANADIAN PRESS/Sean Kilpatrick
One crisis after another for Trudeau since last federal election one year ago

It has been a year of unprecedented calamity and crisis

Rio Tinto Alcan’s aluminum smelter at Kitimat competes against producers in the Middle East and Russia that have no carbon tax. (Rio Tinto)
B.C. carbon tax highest in Canada, export industries unprotected

B.C. NDP, B.C. Liberals say they’re looking at exemptions

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

In this file photo, snow is seen falling along the Coquihalla Highway. (Liam Harrap/Revelstoke Review)
Weather statement issued for Coquihalla, Hwy 3, as arctic front approaches

The early season snowfall expected to hit Fraser Valley, Friday, Oct. 23

Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

(Pixabay)
Vancouver teacher suspended after swearing, touching students and complimenting underwear

McCabe touched students, including rubbing their backs and necks, touching their hair and hugging them

Most Read