Jury Finds Lovers Guilty of First-Degree Murder

Written on Behalf of Affleck & Barrison LLP

After five days of deliberations, a Toronto jury have found Michael Ivezic (“Ivezic”) and Demitry Papasotiriou-Lanteigne (“Papasotiriou-Lanteigne”) guilty of first-degree murder in the death of Allan Lanteigne (“Lanteigne”).

The Crown prosecutor alleged that Ivezic and Papasotiriou-Lanteigne conspired to kill the latter’s spouse in the foyer of his Ossington Avenue home on March 2, 2011. It was alleged that the two accused were having an affair and plotted the crime to access the victim’s $2 million life insurance policy and depart for Greece to start a life together.

The two men will return to court on June 7, 2018 when victim impact statements will be read from Lanteigne’s family. They will also receive their sentence at that time. A first-degree murder conviction carries with it a mandatory sentence of life in prison with no chance of parole for 25 years.

WHAT HAPPENED?

Lanteigne was found dead in his home on March 3, 2011. There were no signs of forced entry and police did not find the murder weapon. An autopsy revealed that Lanteigne was beaten to death.

Lanteigne and Papsotiriou-Lanteigne were married on November 27, 2004. Their relationship “fizzled out” in 2008, although they continued to live together. At some point in 2009, Ivezic and Papasotiriou-Lanteigne began having an affair. Ivezic was even given a key to the house by Papasotiriou-Lanteigne.

By the spring of 2010, Papasotiriou-Lanteigne moved to Greece where his father lived. He continued to pay for airline tickets for Ivezic to visit him. These expenses were paid for by Lanteigne who was working two jobs at the time in Toronto. There were various emails read to the jury written by Lanteigne that indicated that he was tired of giving Papasotiriou-Lanteigne money. Lanteigne threatened to cut off his cheating spouse.

Papasotiriou-Lanteigne was arrested on a visit to Toronto in November, 2012, when he returned to Canada for court proceedings related to his claim for Lanteigne’s life insurance payout.

Ivezic was arrested by authorities in Greece and extradicted to Canada in June, 2013. Ivezic had left his wife and children and was living in Greece with Papsotiriou-Lanteigne as of May 2011.

Both men denied any involvement in the death of Lanteigne.

Crown prosecutors alleged that Papasotirious-Lanteigne “lured” Lanteigne to their home on the evening of his death. An email dated March 2, 2011 was read to the jury from Papasotiriou-Lanteigne requesting that Lanteigne call him in Greece as soon as he got home.

The key piece of evidence was DNA found under the fingernails of the deceased’s right hand belonging to Ivezic. The prosecution argued that this evidence was left as the victim fought for his life. Ivezic argued that his DNA was planted or ended up there as part of an “innocent transfer”. Ivezic suggested that maybe his DNA was transferred to Lanteigne when he and the victim had touched the same surface or when they shared lunch together days before the murder. However, there was no evidence at trial to suggest that Ivezic was friends with the deceased or that they had lunch together.

This case has lasted for many years with both accused challenging every aspect of the case, including allegations that the Crown prosecutors hid disclosure, tampered with police records and evidence, lied to the defence and the court and colluded with police. Furthermore, the accused had more than a dozen defence lawyers and court-appointed lawyers appear on their behalf since they were charged. There was even a period of time during the trial that Ivezic represented himself before the jury.

Following the victim’s death, Papasotiriou filed claims against two firms that insured his spouse as he was seeking $2 million. Papasotiriou is named as the sole beneficiary on the victim’s life insurance policy.

RARE REINSTATEMENT OF FIRST-DEGREE MURDER CHARGE

In September, 2014 following a preliminary hearing, an Ontario Court judge discharged Papasotiriou-Lanteigne, a Toronto lawyer, on the basis that there was not enough evidence to convict him.

A preliminary hearing is held in cases involving serious crimes where the prosecution must show a judge that there is a bare minimum of evidence to justify a full trial. This is often a chance for an accused’s lawyer to see what case the prosecution has against their client.

In October, 2014, the Ministry of the Attorney General signed a preferred indictment that reinstated the first-degree murder charge against Papsotiriou-Lanteigne.

This is a unique occurrence permitted by section 577 of the Criminal Code. The purpose of this section was described by Southin J.A. of the British Columbia Court of Appeal in the case of R. v. Charlie as follows:

Such a power is arecognition of the ultimate constitutional responsibility of Attorneys General to ensure that those who ought to be brought to trial are brought to trial.

We will continue to follow this case and report in this blog on any developments as they occur.

In the meantime, if you have been charged with a criminal offence or have questions regarding your legal rights, please contact the experienced criminal lawyers at Affleck & Barrison LLP online or at 905-404-1947. We have a 24-hour phone service for your convenience. We are not afraid to fight for your rights and protect your interests.