Giuseppe “Joe” Zollerano’s fate is now in the hands of a jury, nine weeks after the trial began.
The Etobicoke man is charged with the first-degree murder of his 43-year-old wife, Katherine Zollerano. Katherine was struck by a van being driven by Giuseppe on Gamma Street on Sept. 25, 2022. She died in hospital six weeks later from complications of multiple blunt force traumas.
Assistant Crown attorney James Frost told the jury in his closing address that Mr. Zollerano formed his plan to kill his wife of 16 years and used his van as a weapon.
The Crown’s trial focused on video surveillance taken from the Zollerano’s property and neighbouring homes. It captured the couple arguing in the hours prior to the collision. At one point, Mr. Zollerano can be seen slapping his wife in front of another couple. Later, he is captured on camera pushing her out of the garage before she falls to the ground.
Surveillance video also showed Katherine Zollerano walking down the street before her husband got into his GMC Savannah van, screeched out of the driveway and drove down the street, pausing at one point before mounting the curb. The collision was not caught on camera but the van is picked up after the collision as it does a U-turn and drives off.
Mr. Zollerano testified that he was worried about his wife, who was highly intoxicated and often disappeared when she drank. He said he got into his van and went looking to find his wife, to bring her home. He testified he had no intention of harming her.
“He told you that he was a good, experienced driver. He told you that, tragically and unexpectedly, his brakes failed and he was unable to stop. He blacked out and left the scene,” said Boris Bytensky, who took over as counsel from Sonya Shikhman on June 19.
The jury heard Shikhman was unable to continue as Mr. Zollerano’s co-counsel for health reasons. Laura Metcalfe is also a defence lawyer on the case.
Bytensky pointed out that brake fluid was observed at the scene and that police were clearly aware in the first 24 hours of the investigation that the brakes in the van were “gone” when they were examined. A collision reconstructionist testified for the defence that there was clear evidence of brake failure prior to the impact, and that was a major contributing cause of the collision.
“Brake failure alone allows you to definitely conclude that Mr Zollerano is not guilty of murder,” said Bytensky.
Frost said in his closing that whatever happened with the brakes, it was not so significant to make this an accident. “The video evidence shows after the collision, the brake lights go on and the van backs up,” said Frost.
The Crown called Mr. Zollerano’s evidence that he was trying to protect his wife was nonsensical. “She was trying to come home, he scared her and she ran away. His claim he needed his van to catch up with her because she was a runner made no sense,” Frost added.
The Crown also argued there was no one around on the residential street when he went driving to find her. “If he wanted to catch up to his wife, he could have remained on the roadway. There was no reason to drive up on the sidewalk.”
Frost also refuted defence claims that Mr Zollerano’s after-the-fact conduct was explained by the fact that he suffers from bipolar disorder. Mr. Zollerano testified he thought no one would believe him. Frost said the husband left the scene, did not call 911, lied to his daughter, moved his wife’s body and lied to police.
Frost said a psychiatrist, who did not assess the accused, testified that his behaviour was consistent with someone with bipolar disorder, but pointed out that the psychiatrist said it could also be consistent with an alternate theory: deception.
Bytensky argued that given there is no evidence in this case about violence between the Zollerano’s during their 16-year marriage and called the suggestion that he was going to kill her with a van was “completely far-fetched.”
The family of Katherine Zollerano told Global News outside court they are grateful to homicide detectives, paramedics, the staff at St. Michael’s Hospital, Crown prosecutors and victim services workers for the care and support they’ve received.
They want Katherine remembered as a woman who lit up a room, whose priority was being a mother. “That was the role that defined her life and in that role, she was everything a child could help for. She was caring, encouraging and fiercely protective,” said her cousin, Katherine Newman.
“Today is her daughter’s high school graduation. She should be there beaming with pride. Instead, we are left with an empty seat and wounds that are never going to heal,” Newman added.
Katherine’s loved ones say they are anxious for justice and hope the jury comes to the right verdict.
“While we await justice in this specific case, we continue to advocate for victims of femicide everywhere. It’s a monumental social program we really need to give appropriate occasion to.”