Joel Clow files appeal of second-degree murder conviction - Action News
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PEI

Joel Clow files appeal of second-degree murder conviction

Joel Clow's appeal claims 'evidence admitted was hearsay and should not have been allowed' in his trial for causing the death of Traci Lynch.

Crown files cross-appeal, wants Clow convicted for first-degree murder

Joel Lawrence Clow, seen after his arrest in July 2015 for the killing of Traci Lynch, has filed an appeal of his conviction. (CBC)

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  • Joel Clow later pleaded guilty to manslaughter after a previous murder conviction was overturned.

Joel Lawrence Clow, the Island man now in prison for killing Traci Lynch, has filed an appeal of his conviction.

Clowfiled the documents Nov. 22 from Springhill Institution in Nova Scotia, where he is serving a life sentence for second-degree murder, with no chance to apply for parole for 17 years.

Clowwas convicted after histrialin July.According to the appeal document, Clow believes he did not receive a fair trail. The document states "evidence admitted was hearsay and should not have been allowed."

At trial, the courtheard Clowkilled Traci Lynch in a violent struggle outside his home inPleasant Grove in July 2015. Clow claimed he was not criminally responsible due to the drugs and alcohol he'd consumed.

Crown seeks first-degree conviction

Crown prosecutor Cindy Wedge has filed a cross appeal, asking to have Clowconvicted of first-degree murder.That would increase his sentence to life in prison with no chance to apply for parole for 25 years.

Family have described Traci Lynch as 'a quiet, private person.' (Facebook)

The Crown's cross appeal states Justice Nancy Key misinterpreted the definition of forcible confinementat trial, resulting in Clow'sconviction on the lesser charge of second-degree murder.

Clow has also filed a motion to have the Supreme Courtorder the province's legal aid service to provide alawyer free of charge to handle his appeal. His motion, prepared with the assistance of a parole officer at Springhill Institution, cites Clow's lack of money and his illiteracy as reasons why he needs legal aid.

The Crown prosecutor has filed noticethat shesupports Clow'srequest.

Inthat letter, Wedge states that Clow'sgrounds for appeal "have no merit"but the Crown's cross appeal will "increase the jeopardy" to Clow.

Clow is scheduled to appear in P.E.I. Court of Appeal Jan. 17 for a hearing on his request for legal aid.