News (Media Awareness Project) - CN SN: Mistrial Sought in Yorkton |
| Title: | CN SN: Mistrial Sought in Yorkton |
| Published On: | 2007-01-19 |
| Source: | Globe and Mail (Canada) |
| Fetched On: | 2008-01-12 17:23:29 |
MISTRIAL SOUGHT IN YORKTON
YORKTON, SASK -- The lawyer for a man accused of killing his
daughter's boyfriend asked a judge last night to declare a mistrial
two days into jury deliberations.
The crowd in a packed Yorkton court looked at one another in disbelief
as Morris Bodnar, who represents Kim Walker, argued that the judge in
this case overlooked a recent Supreme Court decision when issuing
final instructions to the jury.
In her charge to the jury, Madam Justice Jennifer Pritchard said they
could find Mr. Walker guilty of either first-or second-degree murder
or manslaughter. Mr. Bodnar said that ruling denies the jury the right
to find Mr. Walker not guilty, and so violates the precedent
established in the Krieger decision of 2006.
"The Krieger decision says that a judge cannot direct a jury to bring
in a finding of guilt. That decision is for the jury and only the
jury," Mr. Bodnar said outside court.
"A mistrial has to be declared."
In court, Judge Pritchard said her inclination was not to declare a
mistrial, but to bring the jury back and give them new directions on
how to proceed.
In a highly unusual move, she asked the news media not to report on
these developments, for fear that the details could somehow be leaked
to a sequestered jury.
Crown lawyer Daryl Bode asked for more time to prepare his case. The
court will reconvene at 8:45 a.m. today.
It has been nearly four years since James Hayward, 24, was gunned down
in his home.
Mr. Hayward, a former bodybuilder and reputed drug dealer, was the
boyfriend of Mr. Walker's then-16-year-old daughter, Jadah.
Court was told that Mr. Walker, afraid that Jadah was slowly killing
herself with morphine provided by Mr. Hayward, was trying to save his
daughter.
Outside court yesterday, Mr. Hayward's younger brother Danny said he
was upset with the way the case has been portrayed.
"I think it's despicable the way this community has turned Kim Walker
into some small town hero for executing my brother while he was
trespassing in his home," Danny Hayward, 22, said.
YORKTON, SASK -- The lawyer for a man accused of killing his
daughter's boyfriend asked a judge last night to declare a mistrial
two days into jury deliberations.
The crowd in a packed Yorkton court looked at one another in disbelief
as Morris Bodnar, who represents Kim Walker, argued that the judge in
this case overlooked a recent Supreme Court decision when issuing
final instructions to the jury.
In her charge to the jury, Madam Justice Jennifer Pritchard said they
could find Mr. Walker guilty of either first-or second-degree murder
or manslaughter. Mr. Bodnar said that ruling denies the jury the right
to find Mr. Walker not guilty, and so violates the precedent
established in the Krieger decision of 2006.
"The Krieger decision says that a judge cannot direct a jury to bring
in a finding of guilt. That decision is for the jury and only the
jury," Mr. Bodnar said outside court.
"A mistrial has to be declared."
In court, Judge Pritchard said her inclination was not to declare a
mistrial, but to bring the jury back and give them new directions on
how to proceed.
In a highly unusual move, she asked the news media not to report on
these developments, for fear that the details could somehow be leaked
to a sequestered jury.
Crown lawyer Daryl Bode asked for more time to prepare his case. The
court will reconvene at 8:45 a.m. today.
It has been nearly four years since James Hayward, 24, was gunned down
in his home.
Mr. Hayward, a former bodybuilder and reputed drug dealer, was the
boyfriend of Mr. Walker's then-16-year-old daughter, Jadah.
Court was told that Mr. Walker, afraid that Jadah was slowly killing
herself with morphine provided by Mr. Hayward, was trying to save his
daughter.
Outside court yesterday, Mr. Hayward's younger brother Danny said he
was upset with the way the case has been portrayed.
"I think it's despicable the way this community has turned Kim Walker
into some small town hero for executing my brother while he was
trespassing in his home," Danny Hayward, 22, said.
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