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A jury has acquitted a Toronto woman of a break and enter charge after she testified her fingerprints were at the scene of the crime due to many drug-related past visits – not because she was involved in a robbery, says Toronto criminal lawyer Tyler Smith.
Trina Noseworthy, Smith’s client, was arrested in February 2011 after a 42-inch TV was reported stolen from an apartment in Scarborough. A fingerprint identified as Noseworthy’s was found on a cable box at the apartment, and the tenant testified he did not know her, says Smith.
“The tenant called police and told them that he had stepped out, left his door unlocked and returned to find his TV missing,” says Smith, partner with Hicks Adams LLP. “He testified there was no reason why her fingerprints would be in his apartment.”
Noseworthy, however, testified she visited the apartment often, noting she was addicted to drugs and working as a prostitute at the time of the theft, says Smith.
“She testified she had been in his apartment many times to smoke crack with the complainant and that they sold the TV to a drug dealer together,” he says.
The jury deliberated for under an hour before acquitting Noseworthy of the charge, says Smith.