MOTHER WANTS TRUTH TOLD IN SON'S DEATH

Yorkton Man Faces Second Trial in Killing of Daughter's
Boyfriend

The mother of a man allegedly killed by Kim Walker said she's "not
going to be silent anymore" about her son and will attend every day of
Walker's three-week murder retrial, which began here Monday.

"This time, I'm speaking to the media. I'm going to make sure they
know the truth. I'm going to be here every day and I'm going to stay
strong for James. And I'm not going to be silent anymore," Lorrie
Getty told reporters outside court.

Walker was convicted of second-degree murder in 2007 in the death of
her son, James Hayward. Walker's successful appeal has resulted in a
retrial underway this week.

Hayward, then in his mid-20s, was dating Walker's then-16-year-old
daughter, Jadah, who was allegedly addicted to heroin at the time of
Hayward's death in Yorkton in 2002.

"Before this happened, this was an ordinary son . . . and I was his
ordinary mom," Getty said.

"But that's not the way it is anymore. Unfortunately, the world sees
him as something he wasn't and I have to make sure that doesn't happen
anymore. That has to stop."

Walker and his family left court Monday without speaking to reporters.
His lawyer, Balfour Der, said the Yorkton man is anxious to have his
day in court, but also feels bad to see his and Hayward's family going
through the process again.

"He's got a lot of emotions . . . there's a lot riding on it. But he
has full confidence in our system of justice," Der said.

Der said he did not apply for a change of venue for the trial, even
though the case has garnered widespread publicity and many Yorkton
residents know one or both of the families involved.

"We were quite happy to have the trial here in Yorkton," Der
said.

A seven-man, five-woman jury was selected Monday and received
instructions from Justice Ellen Gunn. Opening statements from Crown
prosecutor Robin Ritter are expected today, followed by the first witnesses.

Several hundred potential jurors were called to a local community
centre Monday as proceedings began.

Ritter and Der each used most of the 12 objections allotted to them as
potential jurors were presented, but the final jury was selected by
early afternoon.

Gunn emphasized that potential jurors must be able to approach the
case with "an open mind."

The Crown is expected to call around 10 witnesses, including Walker's
daughter.

Walker was initially charged with first-degree murder but was
convicted in 2007 of second-degree murder, which is the charge he
faces in the retrial.

Ritter said it is unlikely any new evidence will be presented during
the retrial, but things are always "a bit different."

Following the first trial, which attracted national attention, Walker
was convicted and sent to the Saskatchewan Penitentiary in Prince
Albert. He was released from custody last summer following a
successful appeal.

The Saskatchewan Court of Appeal ruled there had been a "fatal error"
during the trial. Justice Jennifer Pritchard met with the Crown and
defence lawyers without Walker present, violating a rule that accused
be present during his or her entire trial.

"If the criminal justice system is to be perceived as being fair and
impartial, judges cannot convene private and unrecorded meetings in
mid-trial for the purpose of expressing their views about the
substance of the proceedings and making inquiries about plea
bargaining," stated the Court of Appeal's written decision.