Closing submissions delivered at trial for Ajax man charged with girlfriend’s murder

Did Kyle Severin have the intent for murder when the 37-year-old Ajax man concedes he caused the death of his girlfriend Jennifer Polak in March 2024?

Defence lawyer Krystal Manitius told the jury in her closing address at Severin’s second-degree murder trial in Oshawa Tuesday that Severin was in such a state of intoxication at the time that he was unable to form the intent for murder.

Manitius pointed to evidence from officers who attended Severin’s Hillman Drive basement apartment on the night of March 30, 2024, who testified that Severin’s physical state was “bizarre”, one testifying he was banging his head and kicking his feet in the back of the police cruiser and believed Severin was on some type of drug or hallucinogen. Another officer gave evidence that Severin stared straight ahead while being booked at the police station, calling his behaviour “odd”.

Severin testified that he consumed cocaine and took a sleeping pill around 7:30 p.m. and was the “highest he had ever been in his life.”

His lawyer said Severin had limited experience with the sleep drug which knocked him right out.

“His recollection is he took ‘Seroquel’, blacked out and woke up to find Ms. Polak,” Manitius said. “There’s a lengthy period of time of no cell phone use which supports his evidence that he was sleeping at this time, woke up to find Ms. Polak covered in blood and called 911.”

Manitius told the jury that his memory lapses were consistent with his intoxication and state of mind and that he was honest about his addiction to cocaine.

“The evidence of Kyle Severin himself is consistent with that of Crown witnesses who said when he used cocaine he believed he could read minds. He testified while abusing cocaine, he believed he had telekinetic powers. He testified that the static would tell him things. There were voices telling him to end the relationship with Jennifer Polak and be with someone who believed in his powers,” said Manitius.

The defence lawyer said what Severin said on the 911 call he made was what he believed while in an extreme state of intoxication.

“He believed intruders were shooting him with lasers. It’s suggested he panicked in distress and is experiencing what he told the call taker. He made no attempt to wash blood from his hands and feet nor clean the scene,” Manitius said.

Manitius suggested to the jury that he had no memory of the events surrounding Polak’s death and lacked intent.

“There’s no evidence he intended to cause her death only inference and speculation,” Manitius said.

Assistant Crown Attorney Julie O’Connor then told the jury that Severin did not kill Polak because he was intoxicated but because he was angry.

“It’s important to understand that this deadly attack did not come out of the blue. It was the final act of anger after many months of jealousy, controlling and abusive behaviour,” said O’Connor.

O’Connor pointed to evidence from witnesses who talked about what Polak had told them about Severin’s jealous and controlling behavior in the months before she was killed.

Amongst those witnesses, O’Connor said, was Severin’s mother, who testified Polak told her she wanted help and confirmed that her son was jealous and verbally abusive to Polak.

O’Connor pointed out there were also acts of physical violence in the year leading up to the deadly assault on her.

“During his evidence at trial, Severin was able to recall most of the specific arguments in court. During cross-examination, he acknowledged he was jealous and believed she was cheating on him. Even at times, when he was not intoxicated,” O’Connor said.

While Severin testified both he and Polak, who had been dating for three years, routinely expressed the desire to end the relationship and therefore wouldn’t be angry about her intent to leave, O’Connor said this time Polak was serious.

“She was tired of his issues  … drugs and his jealousy. She was going to leave Kyle Severin after she helped him move,” said O’Connor, pointing out she told this to Severin’s mother, her sister and her son.

O’Connor called Severin a “poor historian” and said his evidence was not reasonable or consistent.

“You should disbelieve Kyle Severin’s self-serving narrative about what happened in the days and hours before he killed Jennifer Polak,” said O’Connor, urging the jury to reject his narrative about his consumption of cocaine and Seroquel and the impact it had on him and his intent.

“You can conclude from the evidence, Kyle Severin was lucid, rational and coherent when he was killing Jennifer Polak,” said O’Connor, pointing out that he was still able to text her and lob accusations towards her. She called it convenient that Severin said he can’t remember his conduct.

O’Connor said Polak’s injuries demonstrate Severin was able to successfully target Polak’s face and cause extensive targeted injuries.

“He was able to arm himself with one or two knives to inflict sharp force injuries,” said O’Connor, who added that he caused a decisive and fatal wound to her neck injuring her jugular vein causing extensive blood loss and death.

The Crown argued that the fact Severin didn’t use his cellphone between 7:30 and 11 p.m. was because he was engaged in the act of killing Polak.

“Maybe he killed her because he thought she was cheating on him. Maybe he killed her because she wouldn’t have sex with him. Maybe he killed her because she gave him attitude. Maybe she killed him because she didn’t want to stay over,” said O’Connor. “We will never know what precisely triggered that rage that Kyle Severin unleashed on Jennifer Polak on March 30, 2024. What matters is what Severin did when he became angry.”

O’Connor finished by saying that Severin viciously beat Polak but claims memory loss to evade responsibility for his intentional action.

Superior Court Justice Marcella Henschel will give her final instructions to the jury on Thursday before deliberations are expected to begin.