Closing arguments in Edmonton tattoo artist murder trial

WARNING: The details of this story are disturbing and touch on the topic of self-harm. Alberta Health Services Mental Health Help Line: 1-877-303-2642.

The trial of an Edmonton tattoo artist accused of killing a 7-year-old girl resumed Monday.

David Moss sat quietly with his head in his hands, as lawyers made their closing arguments after a nearly seven-month long break in the case for written submissions.

Although Moss has admitted to killing 7-year-old Bella Rose Desrosiers, he pleaded not guilty to the charge of second-degree murder, and is seeking a ruling of not criminally responsible.

The judge has reserved his decision, and expects a verdict in April.

Court was reminded how all medical experts who testified agree Moss was going through a psychosis in May 2020 when he fatally wounded Desrosiers. However, the experts disagree on exact diagnoses, and whether or not Moss meets the threshold to be declared not criminally responsible.

On May 18, 2020, family and friends of David Moss had grown increasingly concerned about the father of four’s mental health. He was speaking of spiritual awakenings, talking about divorcing his wife, and hadn’t slept or eaten in several days.

READ MORE: Mother of 7-year-old stabbing victim testifies at Edmonton murder trial

Melissa Desrosiers, Bella’s mother, had driven to check-in on Moss after hearing he refused the help of mental health workers.

Moss called her that morning to talk about her late husband, who died by suicide the summer before, and said he knew why he did it.

Desrosiers wanted to help Moss get help and brought him to her house with the intent of taking him to the hospital later that evening. She remembers hiding the knife block before heading upstairs to put her two daughters to bed.

According to an agreed statement of facts, Moss found a pair of scissors in a kitchen drawer. He entered the girls bedroom, pushing Desrosiers aside before slashing Bella’s throat.

In an interview with police later that evening, Moss said he had heard the voice of Bella’s late father and felt that needed to do this to help both their souls “ascend.”

Conflicting diagnoses and conspiracy theories

In treating Moss at the Alberta Hospital Edmonton following his arrest, doctors came to the diagnosis of psychosis secondary to cannabis use.

Moss had substantially increased his marijuana use at the beginning of the COVID-19 pandemic, but reportedly stopped in the week before the killing when he began feeling paranoid.

But a forensic psychologist, testifying for the defense, points to a 2004 brain injury as the cause of the psychosis. Mark Nesca indicated previously held beliefs in conspiracy theories around 5G, alien abductions, chem trails and more recently around COVID-19 as examples of previous psychosis.

The defense argued this, combined with his feeling he was in “an illusion,” indicated he was suffering a medical disorder.

The crown argued while beliefs in conspiracy theories or spiritual matters are not mainstream, they are not evidence of psychosis. Also, pointing to interviews with police following his arrest where Moss indicated he understood the consequences of killing and felt remorse, showing he understood what he did was morally wrong.

But the defence argued, if Moss is found to be criminally responsible, it should be for the lesser charge of manslaughter because there is no understandable reasoning or rational motive.

Someone who is found not criminally responsible under section 16 of the Criminal Code is no longer in the criminal system but is diverted to medical facility and subject to the provincial review board.