Crown drops appeal of Tasha Mack manslaughter conviction

The Alberta Crown has abandoned an appeal of a manslaughter conviction in the Tasha Mack case. 

Mack was originally charged with second-degree murder in the April 2017 death of 19-month old Anthony Raine.

The toddler's biological father and Mack's ex-boyfriend, Joey Crier, was also charged with second-degree murder. 

The child died of blunt force trauma to the head. His body was covered in bruises when it was discovered behind a north-Edmonton church three days after it had been placed there. A blanket with Anthony's blood on it was eventually found in a dumpster near the church.

Both Crier and Mack were convicted of manslaughter. 

In handing down his decision last November, Court of Queen's Bench Justice Robert Graesser said the Crown had not proven "a murderous intent on the part of Ms. Mack."

The Crown argued Crier was the one who likely delivered the fatal blows, but asked the judge to find Mack guilty of second-degree murder for not intervening to protect the child or to get him medical intervention after he was hurt. 

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The judge said Mack was convicted of manslaughter because she let the abuse continue, and failed to get medical help.  

Less than a month later, the Crown appealed the verdict. It cited perceived legal errors based on a decision the judge made during the trial to not allow Mack's statement to police into evidence. 

Graesser ruled Mack's charter rights were violated since the Crown originally told Mack's lawyer they would not try to introduce the videotaped statement, then later made that application.  

The Crown did not provide any reason Wednesday for abandoning the appeal. 

But in an emailed statement Thursday, a spokesperson said "the Alberta Crown Prosecution Service makes decisions independently and determined the trial judge made no legal errors that could be expected to have had an impact on the result."

Mack remains at the Edmonton Remand Centre awaiting sentencing. Her defence lawyer called the Crown's decision to drop the appeal reasonable. 

"This appeal was going nowhere," Ajay Juneja said. "The trial judge's decision was completely correct. Although I do question if this is a strategic decision. The Crown may very well be attempting to avoid a precedent from the Court of Appeal that states they are not free to go back on their word whenever they feel like it for whatever reason they choose, as they argued at trial."

Crier is also in custody awaiting sentencing. His hearing was delayed due to the COVID-19 pandemic.