Father Killed Son to End Boy's "Hell"
LONDON, Ont. - Renowned Toronto physical fitness expert David Carmichael thought his 11-year-old son would be "better off in heaven" when he strangled him to end the "hell" of his brain seizures, a court heard on the opening day of his first-degree murder trial.
In a taped interview with police played in court yesterday, Carmichael admitted to killing Ian, who suffered from seizures that caused him to be developmentally delayed.
"I feel like I took him out of his misery," Carmichael told Det. Andy Whitford, adding neither his wife Elizabeth nor daughter Gillian ever suspected his intentions. "I thought he'd be better off in heaven."
In his opening remarks, defence lawyer Philip Campbell argued Carmichael isn't criminally responsible for the murder of his son "on the basis of mental disorder," and is not guilty of first-degree murder.
As the Crown called police witnesses to the stand, court heard that Carmichael, 47, was suffering from depression and was on the antidepressant Paxil when he drugged and strangled Ian for 20 minutes on July 31, 2004.
In videotaped interviews with Whitford in the days following his arrest, which were shown in court, Carmichael admitted to killing his son.
He said he did so to put an end to Ian's "hell," explaining the boy suffered from brain seizures that caused him to be developmentally delayed.
Carmichael believed that the left temporal lobe in his son's brain had atrophied and scarred because of the seizures, causing him to become increasingly violent and unpredictable.
He also asked Whitford if taking Paxil may have had an effect on his actions.
Court heard Carmichael, who admitted having suicidal thoughts, was first prescribed the drug in the summer of 2003. He stopped taking it in February 2004 and then resumed taking it in early July without his doctor's knowledge. He also chose to increase the daily dose from two 20-milligram pills to three.
In the video, Carmichael recalled a conversation he'd had with his son five days before his death. He said the pair discussed Ian's behaviour at camp that day, where he whipped volleyballs at younger children.
Carmichael said the boy broke down in tears, complaining that other kids made fun of him and said Ian told him that he sometimes wished he were dead.
The next day, Carmichael went to a drugstore and purchased a package of Sleep-Eze, which are over-the-counter sleeping pills. He returned home, cut open the gel capsules and emptied the liquid into a small container.
Three days later, Carmichael and his son left their North Toronto home for London, where they checked in at a Holiday Inn near Highway 401.
Carmichael told Ian, a competitive BMX bike rider, they were en route to nearby St. Thomas, which has an indoor bike park that Ian enjoyed.
After ordering room service, Carmichael mixed some of the Sleep-Eze with orange juice at around 10:15 p.m. and gave it to his unsuspecting son.
Ian drank the mixture and took valproic acid, a treatment used for childhood seizures. He had been prescribed the medication after suffering seizures in December 2003 and January 2004.
But rather than fall asleep, Ian began hallucinating and remained awake until about 2:30 a.m., court was told.
At about 2:40 a.m., Carmichael began strangling his son. He stopped at 3 a.m., only after he was certain Ian was dead.
Carmichael waited until 9 a.m. to call police, when he figured the day shift would have started, court was told.
As he waited for officers to arrive, he arranged on a coffee table all the items he thought would be necessary in the investigation: the bottle containing Sleep-Eze, a bottle of Minute Maid orange juice, a coffee cup from which Ian drank the mixture, his car keys, his wallet and a bottle of Paxil that had been prescribed to him a year earlier.
Seated in the prisoner's box yesterday, Carmichael cried as an audio recording of the 911 call he placed was played.
"Emotionally (Ian) was going through hell," Carmichael told the operator, with whom he remained on the line until police arrived. "My wife is going to be quite shocked at this."
In the courtroom, many of Carmichael's supporters, including his mother and brother, also appeared deeply affected by the audio and video clips that showed Ian pulling off impossible stunts with his BMX bike on a ramp in the weeks leading up to his death.
Outside, friends and family described Carmichael as a caring father who loved children. Carmichael, who is well known in Ontario as a physical activity and sports consultant, was a national project director for ParticipAction, a defunct federal program that encouraged children to get fit, and ran similar programs across Toronto.
At one point during the taped interview with Whitford, Carmichael said, "I'm a child advocate which is the irony in this. All the work I do is based on self-esteem," adding he couldn't help his own son's plummeting confidence.
However, Whitford told Carmichael that based on interviews with Carmichael's wife and other relatives, Ian didn't appear to be in the depths of misery that he described. Instead, they painted Ian as a boy who did struggle with some difficulties but was most often a happy, compassionate and non-violent child.
Whitford suggested that perhaps it was Carmichael himself who was incapable of dealing with his son's needs.
"There doesn't sound like there's any logic to this," the detective said, pointing out that many children have learning difficulties, adding that "being dumber than the other kids isn't a reason to die."
"A lot of it sounds like you were having the hard time dealing with your son," said Whitford.
"My son was living through hell and if my wife wasn't aware of it then I'm sorry," said Carmichael.
Lead investigator Sgt. Stephen Williams testified yesterday that a computer belonging to Carmichael was seized from his house with a search warrant. A scan of the hard drive showed that between March and June 2004 various websites had been visited including one on abnormalities of the left temporal lobe, brain disorders and Paxil and its various side effects.
The scan also showed that on July 28 someone visited web pages about life in prison, Corrections Canada, HIV/AIDS in prison, definition of first-degree murder, second-degree murder and infanticide. Never was there a search for the term "not criminally responsible."
If Carmichael is found guilty of first-degree murder he faces life in prison with no parole for 25 years. But if he is found not to be criminally
responsible the matter will go before the Ontario Review Board.
The trial, expected to last until week's end, is being heard by Superior Court Justice Helen Rady without a jury.
In a taped interview with police played in court yesterday, Carmichael admitted to killing Ian, who suffered from seizures that caused him to be developmentally delayed.
"I feel like I took him out of his misery," Carmichael told Det. Andy Whitford, adding neither his wife Elizabeth nor daughter Gillian ever suspected his intentions. "I thought he'd be better off in heaven."
In his opening remarks, defence lawyer Philip Campbell argued Carmichael isn't criminally responsible for the murder of his son "on the basis of mental disorder," and is not guilty of first-degree murder.
As the Crown called police witnesses to the stand, court heard that Carmichael, 47, was suffering from depression and was on the antidepressant Paxil when he drugged and strangled Ian for 20 minutes on July 31, 2004.
In videotaped interviews with Whitford in the days following his arrest, which were shown in court, Carmichael admitted to killing his son.
He said he did so to put an end to Ian's "hell," explaining the boy suffered from brain seizures that caused him to be developmentally delayed.
Carmichael believed that the left temporal lobe in his son's brain had atrophied and scarred because of the seizures, causing him to become increasingly violent and unpredictable.
He also asked Whitford if taking Paxil may have had an effect on his actions.
Court heard Carmichael, who admitted having suicidal thoughts, was first prescribed the drug in the summer of 2003. He stopped taking it in February 2004 and then resumed taking it in early July without his doctor's knowledge. He also chose to increase the daily dose from two 20-milligram pills to three.
In the video, Carmichael recalled a conversation he'd had with his son five days before his death. He said the pair discussed Ian's behaviour at camp that day, where he whipped volleyballs at younger children.
Carmichael said the boy broke down in tears, complaining that other kids made fun of him and said Ian told him that he sometimes wished he were dead.
The next day, Carmichael went to a drugstore and purchased a package of Sleep-Eze, which are over-the-counter sleeping pills. He returned home, cut open the gel capsules and emptied the liquid into a small container.
Three days later, Carmichael and his son left their North Toronto home for London, where they checked in at a Holiday Inn near Highway 401.
Carmichael told Ian, a competitive BMX bike rider, they were en route to nearby St. Thomas, which has an indoor bike park that Ian enjoyed.
After ordering room service, Carmichael mixed some of the Sleep-Eze with orange juice at around 10:15 p.m. and gave it to his unsuspecting son.
Ian drank the mixture and took valproic acid, a treatment used for childhood seizures. He had been prescribed the medication after suffering seizures in December 2003 and January 2004.
But rather than fall asleep, Ian began hallucinating and remained awake until about 2:30 a.m., court was told.
At about 2:40 a.m., Carmichael began strangling his son. He stopped at 3 a.m., only after he was certain Ian was dead.
Carmichael waited until 9 a.m. to call police, when he figured the day shift would have started, court was told.
As he waited for officers to arrive, he arranged on a coffee table all the items he thought would be necessary in the investigation: the bottle containing Sleep-Eze, a bottle of Minute Maid orange juice, a coffee cup from which Ian drank the mixture, his car keys, his wallet and a bottle of Paxil that had been prescribed to him a year earlier.
Seated in the prisoner's box yesterday, Carmichael cried as an audio recording of the 911 call he placed was played.
"Emotionally (Ian) was going through hell," Carmichael told the operator, with whom he remained on the line until police arrived. "My wife is going to be quite shocked at this."
In the courtroom, many of Carmichael's supporters, including his mother and brother, also appeared deeply affected by the audio and video clips that showed Ian pulling off impossible stunts with his BMX bike on a ramp in the weeks leading up to his death.
Outside, friends and family described Carmichael as a caring father who loved children. Carmichael, who is well known in Ontario as a physical activity and sports consultant, was a national project director for ParticipAction, a defunct federal program that encouraged children to get fit, and ran similar programs across Toronto.
At one point during the taped interview with Whitford, Carmichael said, "I'm a child advocate which is the irony in this. All the work I do is based on self-esteem," adding he couldn't help his own son's plummeting confidence.
However, Whitford told Carmichael that based on interviews with Carmichael's wife and other relatives, Ian didn't appear to be in the depths of misery that he described. Instead, they painted Ian as a boy who did struggle with some difficulties but was most often a happy, compassionate and non-violent child.
Whitford suggested that perhaps it was Carmichael himself who was incapable of dealing with his son's needs.
"There doesn't sound like there's any logic to this," the detective said, pointing out that many children have learning difficulties, adding that "being dumber than the other kids isn't a reason to die."
"A lot of it sounds like you were having the hard time dealing with your son," said Whitford.
"My son was living through hell and if my wife wasn't aware of it then I'm sorry," said Carmichael.
Lead investigator Sgt. Stephen Williams testified yesterday that a computer belonging to Carmichael was seized from his house with a search warrant. A scan of the hard drive showed that between March and June 2004 various websites had been visited including one on abnormalities of the left temporal lobe, brain disorders and Paxil and its various side effects.
The scan also showed that on July 28 someone visited web pages about life in prison, Corrections Canada, HIV/AIDS in prison, definition of first-degree murder, second-degree murder and infanticide. Never was there a search for the term "not criminally responsible."
If Carmichael is found guilty of first-degree murder he faces life in prison with no parole for 25 years. But if he is found not to be criminally
responsible the matter will go before the Ontario Review Board.
The trial, expected to last until week's end, is being heard by Superior Court Justice Helen Rady without a jury.
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