A couple convicted nearly two years ago in the death of a young child placed in their care were back in court for their appeals Tuesday via closed-circuit TV from their correctional institutions.
Tammy and Kevin Goforth were found guilty by a jury in 2016 for letting a four-year-old girl starve until she had a heart attack, eventually dying in hospital in 2012.
For some members of the jury, it’s a case that left them struggling to recover from the graphic images and testimony heard in court.
Following a three-week trial, Tammy was sentenced to life in prison for second-degree murder with no chance of parole for 17 years. She is now appealing both her sentence and her conviction.
Her husband, who was given 15 years in prison for manslaughter, is also appealing his sentence.
Both Tammy and Kevin also received five years for causing bodily harm to the girl’s two-year-old sister, which will be served concurrently.
In the Saskatchewan Court of Appeal Tammy’s lawyer, Brian Pfefferle, called the case a “catastrophic, horrible case of neglect.”
But Pfefferle argued the verdict is unreasonable and said the jury found Tammy more culpable than her husband based on the same evidence, adding that Tammy’s failure to provide adequate medical care should not equate to murder.
Pfefferle called the sentence “demonstrably unfit” and is recommending Tammy’s conviction be reduced to manslaughter. The court could also order a new trial.
Crown prosecutor Beverly Klatt said there was a clear and rational basis for the jury’s findings.
Kevin’s lawyer, Brian Hill, argued the judge erred in her instructions to the jury. Hill also said Kevin had limited involvement with the young girl as he worked during the day, and therefore did not understand her condition. Hill added that the 15-year sentence is at the high end of the spectrum and outside the normal range, saying a sentence of seven to 10 years would be more suitable.
Klatt countered Hill’s argument, saying there was no question Kevin was the father figure in the home. Klatt pointed to Kevin’s testimony during the trial, saying Kevin said as soon as he saw the girls he loved and treated them as if they were his own.
Klatt said the judge found Kevin’s moral culpability high, saying the sentence is proportionate to the gravity of the offence.
The court of appeal is expected to make a decision at a later date, calling the matter a complex case.
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