Edward Downey, charged with murders of Taliyah Marsman and Sara Baillie, makes 1st court appearance
Accused with lengthy criminal history back in court on Aug. 3
The lawyer for a man charged with two counts of first-degree murder in the deaths of five-year-old Taliyah Marsman and her mother, Sara Baillie, is concerned about the negative media attention surrounding the case.
Edward Downey made his first appearance in a Calgary courtroom via CCTV on Wednesday.
"At this point, what we're hoping for is for a trial in a courtroom not a trial before the media or in the public," said defence lawyer Gavin Wolch after the appearance.
"Obviously everyone has seen the news, we've seen a picture of the accused in a jumpsuit walking towards the police station and we are concerned."
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Downey was charged after the child's body was found on a rural property east of Chestermere last Thursday.
Her mother was found in their Panorama Hills basement suite earlier that week.
Court documents show Downey has a lengthy criminal history that began in 1989 and involves mostly pimping, drug trafficking and weapons offences.
His bids for freedom from past stints behind bars were twice denied by the Parole Board of Canada, which cited his likelihood to commit "a violent offence" — particularly against a woman — if released.
After his first bid for accelerated parole in 2008, Downey was denied both day and full parole, as his risk to the community was noted to be "undue." He was serving a four-year federal sentence for cocaine trafficking and a firearms charge at the time.
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"We do have a principle in this country that people are tried in a courtroom before a jury of their peers," said Wolch.
"We would like that to be the way this proceeds — not a question of what happens in the news or people talking about his background from years ago ... he has done his time for his past."
In 2009, Downey was released on day parole and he began living in a half-way house.
In 2010, when he was granted full parole, he was noted to be at a "moderate" risk for domestic violence but "low" risk for violence against others.
Wolch and his father, Hersh Wolch expect to be retained as co-counsel and are still waiting for the prosecutor Carla MacPhail to hand over disclosure which is expected to take several weeks.
"We would like to get disclosure and defend this individual who is presumed innocent and that is what today's purpose is and that is what every day's purpose is," said Wolch.
Downey will be back in court on Aug. 3.