A man who was convicted of killing a Port Alberni nurse in 2008 is on trial again.
Kim Rothgordt was in a Nanaimo courtroom on Tuesday in relation to the death of James Shannon - this time without a jury. Rothgordt was found guilty of second-degree murder in January 2011, but the conviction was thrown out two years later over concerns that the jury had been misled by the judge's instructions.
The B.C. Court of Appeal ordered a new trial on Jan. 31, 2013, citing concerns with how some of the evidence was presented to the jury.
That Rothgordt killed Shannon was never in dispute. The trial concerned itself with whether Rothgordt acted in self-defence, was provoked or too intoxicated to have criminal intent.
"The theory of the Crown was that the two men met at the deceased's home and had consensual sex," wrote Chief Justice Lance Finch in the Court of Appeal decision. "However, due to a crisis in his sexual identity, the appellant was prompted to attack and kill the victim."
According to the Crown, very little new evidence will be presented in Rothgordt's new trial. New entries might include postarrest statements.
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