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Did she or didn’t she?
It will be up to a judge to decide whether Marcella Zoia posted a video of herself tossing a chair from a downtown Toronto condo balcony last winter.
Zoia, 20, pleaded guilty in November to one count of mischief endangering life for the Feb. 9, 2019 incident that was recorded on a cellphone camera and widely distributed in a viral video that sparked public outrage.
On Tuesday, the petite blond came to Old City Hall court for what was expected be her sentencing hearing. A plain clothes Toronto police officer was also in court, carrying the Ikea chair itself, wrapped in plastic.
But rather than hear submissions, Ontario Court Justice Mara Greene granted an adjournment until Feb. 7 at the request of Crown attorney Heather Keating. The prosecutor told court in a pre-sentence report prepared for the hearing that Zoia had told a probation officer — who wrote the report — that she did not post the infamous video to Snapchat last February. Keating said she thought it was an uncontested point.
The Crown’s theory is that the Instagram model posted the video on Snapchat, and considers that an aggravating factor for the judge to consider when deciding whether to send Zoia to jail for six months, as the prosecution is recommending.
Zoia’s lawyer, Greg Leslie, has suggested she receive a suspended sentence and probation.
Keating told court she will call a witness at the Feb. 7 hearing to testify that Zoia did in fact post the video to Snapchat, a messaging app that lets users exchange pictures and videos that are meant to disappear after they’re viewed.
But Leslie told reporters repeatedly that he will argue Zoia “did not post the video to Snapchat.” Asked if she posted it anywhere else, he stated the prosecution’s position is about Snapchat, and not any other online platform.
Zoia, dressed all in black with monster sunglasses covering most of her face, appeared agitated during the brief proceedings, rushing to point out to a security officer that there were people in court using cameras to record her movements.
Outside the building, Leslie said his client is “very anxious” and is having a difficult time.
“She absolutely wants this to be over with,” he said. “The last thing she wanted to do was to have this adjourned, but at the same time she is not going to admit to something that she did not do.”
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Betsy Powell is a Toronto-based reporter covering crime and courts. Follow her on Twitter: @powellbetsy
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