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Screams alerted woman to attack

Neighbour says she saw man on top of victim

Dawn Attwood was on the phone talking to a friend when she heard bloodcurdling screams coming from the front of her townhouse, the Brentwood Bay resident testified yesterday in B.C. Supreme Court.

"They were something I hope I never hear again," said Attwood. "It was straight out of the movies."

Attwood was testifying yesterday at the trial of Michelle Novak's former boyfriend, Kevin Lewis, who is charged with attempted murder, break and enter, aggravated assault, uttering threats to cause death or bodily harm and criminal harassment. The offences are alleged to have taken place at Novak's townhouse on Aug. 24, 2008. When she heard the screams, Attwood said, she rushed outside. Other neighbours were also running toward Novak's driveway.

"Michelle was on the ground of the garage with a man on top of her and she was struggling to get away from him," Attwood told the court. "He was sitting on top of her with his hands around her neck, his legs over her arms and he was strangling her .... He was lifting her up and down off the ground."

The man, whom she identified as Lewis, appeared to be extremely angry and was red in the face, testified Attwood. Novak was gasping for air. Her screams had stopped.

Suddenly, Lewis noticed the neighbours standing watching him, said Novak. He swore at them, telling them to mind their own business. He got off Novak and pushed the button to close the garage door.

Novak managed to crawl out from under the half-closed garage door and staggered toward them, testified Attwood.

"She said, 'Call the cops. He's trying to kill me,' " Attwood re-called. "Her neck was very red, almost purple. She was fighting to try and breathe. I reassured her the police were coming."

Crown prosecutor Ruth Picha played the recording of Attwood's 9-1-1 call to the police. On the tape, Attwood tells the dispatcher a man is beating a woman.

"Oh my God," she says. "Oh my God."

The dispatcher asks what's going on.

"She's screaming bloody murder," says Attwood. "He's on top of her."

The dispatcher asks Attwood to stay on the line and tells her police are on their way.

"He was strangling her," says Attwood. Novak can be heard gasping for air.

Also on the stand yesterday was Lewis's parole officer, Jennifer Ash, who testified she had been monitoring Lewis since his release from custody in February 2008.

Lewis was released on condition that he not drink or take drugs and that he immediately report all his acquaintances and relationships with women to a supervisor. He was also ordered to return nightly to the Salvation Army halfway house and to take counselling, said Ash.

In June 2008, Lewis told Ash about meeting Novak. Ash told him she would have to meet No-vak to see if she was suitable or would present risk factors such as exposure to drugs or alcohol.

"I also had to make sure she was aware he was a federal offender and subject to a long-term supervision order."

When they met on July 31, 2008, Ash told Novak about Lewis's criminal history, which included a violent offence against his female partner. She also discussed the link between alcohol and Lewis's offending behaviour, Ash told defence lawyer Robert Farvolden.

Novak told Ash she had been in abusive, controlling relationships in the past and wouldn't go down that road again.

"She presented as very sincere," testified Ash. "She had good personal boundaries and was highly independent."

Ash said she believed Novak would tell her if Lewis engaged in jealous or controlling behaviour.

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