Marlene Bird attacker Leslie Black now says he didn't set woman on fire
David Shield | CBC News | Posted: April 13, 2016 3:01 PM | Last Updated: April 14, 2016
Black wants the court to allow him to withdraw his guilty plea
The man who pleaded guilty to a horrific attack on a woman in Prince Albert, Sask. is now saying that he did not plan to kill her.
Last year, Leslie Black pleaded guilty to the attempted murder of Marlene Bird. Today, he's asking a judge to allow him to withdraw the plea.
In 2014, Bird was found horribly injured in a shopping mall parking lot. She suffered severe injuries after being cut and set on fire. Bird lost both her legs and spent weeks in hospital after the attack.
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Now, Black has recanted some parts of an agreed statement of facts prepared by defence lawyers and Crown prosecutors.
In today's court appearance, Black admitted to having sex with Bird the night of the attack. He testified both he and the victim had been drinking and that he has a difficult time remembering exactly what happened.
He testified that when Bird came out of her blackout, she said she'd charge him with rape. "I got scared," Black said.
While he admitted to assaulting Bird, Black said he did not set her on fire. Black said he lied to police because he had been threatened, although he can't remember by whom.
Black also said he was surprised at the possible sentence he would receive. He told the court he thought he'd get a "medium" sentence of not more than five years for pleading guilty, and would not have done so had he known the Crown would apply for dangerous offender status.
During cross examination, Crown prosecutor Bill Burge noted that Black signed written instructions from his defense lawyer. Black said that he believed Crown prosecutors and his defense lawyer were working together to get a guilty plea.
The judge has said it's up to the defense to prove its case.
Black's defence lawyer testifies
Black's legal aid defence lawyer Adam Masiowski took the stand Wednesday afternoon as a Crown witness. Masiowski and the Crown initially submitted the agreed statement of facts Black is now recanting.
Masiowski said his client, Black, gave him approval to explore plea options with the Crown and he explained the ramifications of pleading guilty to attempted murder meant.
Masiowski told the courtroom he considered and then rejected a not criminally responsible and intoxication defences after learning Black gave a damning statement to police about the night in question.
The Crown offered a tentative plea of 10 to 12 years, but left the door open for a later dangerous offender application, however Masiowski said he didn't think the Crown had a viable case for a dangerous offender designation.
Masiowski told the courtroom he would have taken the case to trial had his client wanted to do so, but he admitted he advised against going to trial.
During the cross examination defence lawyer Brent Little challenged Masiowski on how he went about explaining complex legal concepts to Black, who Little described as a "child like" client. Little spent a lot of his time questioning Masiowski about his process counselling Black, from his plea negotiations to the guilty plea.
After questioning, lawyers were asked to submit written briefs to supplement arguments. Black will be back in court at a later date for the judge's decision.
Black is asking to have his plea expunged: to re-open the case and enter a plea of not guilty.
At the time of his arrest, police said that Black had been a casual acquaintance of Bird's and had been a person of interest since the start of their investigation.