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The man found guilty of killing a teenage girl in Armstrong almost five years ago is slated to be back in court Friday to appeal his first-degree murder conviction.
The Court of Appeal hearing list shows 30-year-old Matthew Foerster will appear in a Vancouver courtroom by video conference from a federal prison where he is serving a life sentence with no chance of parole for 25 years.
His victim, 18-year-old Taylor Van Diest, was found near death along some train tracks in Armstrong on Halloween night in 2011. She succumbed to her injuries soon afterward.
Foerster was sentenced for her killing in April, 2014.
His lawyer alleges the judge made mistakes in his instructions to the jury around intoxication and on the attempted sexual assault as an element of first-degree murder.
“The appellant appeals his convictions for attempted sexual assault and murder,” the appeal court docket baldly states.
The victim's mother, Marie Van Diest, has said that the appeal is part two of a nightmare, and that she couldn't stand the thought of the case resurfacing.
– with files from Wayne Moore
