News (Media Awareness Project) - CN AB: Judge Rejects Video Statement In Ecstasy Case |
| Title: | CN AB: Judge Rejects Video Statement In Ecstasy Case |
| Published On: | 2010-04-09 |
| Source: | Edmonton Journal (CN AB) |
| Fetched On: | 2010-04-11 16:34:50 |
JUDGE REJECTS VIDEO STATEMENT IN ECSTASY CASE
A judge has decided not to allow videotaped evidence in which a teen
charged with drug trafficking told RCMP he gave ecstasy to a girl who
later died of an overdose.
Judge Justina Filice ruled Thursday the evidence is not admissible
because police continued to interview the suspect after he repeatedly
said he did not want to talk. The teen also did not have a lawyer or
parent present, Crown prosecutor Susan Richardson said in a telephone
interview.
"(The judge) said it's because young people are less likely to
understand that they do have an ability to refuse to talk to the
police," Richardson said.
A 17-year-old from the Paul Band First Nation is on trial in Stony
Plain provincial court on four charges of trafficking ecstasy. He
cannot be identified under the Youth Criminal Justice Act.
He was charged after Trinity Bird, 15, died within three days of
taking drugs at a wedding celebration on the Paul Band reserve in March 2009.
Another girl, Leah House, 14, also died after taking drugs at the event.
In a video interview with an RCMP officer, the teen claimed he got
five ecstasy pills from another youth at West Edmonton Mall the day
before the celebration. He told the officer he had never sold ecstasy
to anyone, but gave three of the pills to three teens, including Trinity.
He insisted he never gave ecstasy to the other girl who died.
The video was presented in court Wednesday; the judge ruled Thursday
it is inadmissible.
The Youth Criminal Justice Act sets a very high standard for police
and the Crown when they are taking statements from young people, said
Richardson.
Though the RCMP officer technically complied with the law, the judge
was not satisfied the teen fully understood he did not have to speak
to police, Richardson said.
No drugs were recovered from the accused. Crown prosecutors have said
they will rely on circumstantial evidence to prove their case.
The trial has been adjourned to September, when the Crown intends to
call a toxicologist to testify as an expert witness.
A judge has decided not to allow videotaped evidence in which a teen
charged with drug trafficking told RCMP he gave ecstasy to a girl who
later died of an overdose.
Judge Justina Filice ruled Thursday the evidence is not admissible
because police continued to interview the suspect after he repeatedly
said he did not want to talk. The teen also did not have a lawyer or
parent present, Crown prosecutor Susan Richardson said in a telephone
interview.
"(The judge) said it's because young people are less likely to
understand that they do have an ability to refuse to talk to the
police," Richardson said.
A 17-year-old from the Paul Band First Nation is on trial in Stony
Plain provincial court on four charges of trafficking ecstasy. He
cannot be identified under the Youth Criminal Justice Act.
He was charged after Trinity Bird, 15, died within three days of
taking drugs at a wedding celebration on the Paul Band reserve in March 2009.
Another girl, Leah House, 14, also died after taking drugs at the event.
In a video interview with an RCMP officer, the teen claimed he got
five ecstasy pills from another youth at West Edmonton Mall the day
before the celebration. He told the officer he had never sold ecstasy
to anyone, but gave three of the pills to three teens, including Trinity.
He insisted he never gave ecstasy to the other girl who died.
The video was presented in court Wednesday; the judge ruled Thursday
it is inadmissible.
The Youth Criminal Justice Act sets a very high standard for police
and the Crown when they are taking statements from young people, said
Richardson.
Though the RCMP officer technically complied with the law, the judge
was not satisfied the teen fully understood he did not have to speak
to police, Richardson said.
No drugs were recovered from the accused. Crown prosecutors have said
they will rely on circumstantial evidence to prove their case.
The trial has been adjourned to September, when the Crown intends to
call a toxicologist to testify as an expert witness.
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