Judge to announce decision on Travis Vader mistrial application Oct. 31
Motion filed after 2nd-degree murder convictions by judge citing unconstitutional section of law
Court of Queen's Bench Justice Denny Thomas said today in Edmonton that he will rule on a mistrial application from lawyers for convicted murderer Travis Vader on Oct. 31.
"It's important that this matter get dealt with," Thomas said. "It's just a question of how we're going to do it."
The semi-retired judge made a commitment to announce his decision in open court.
But first he has set deadlines for defence lawyers and the Crown prosecutor to make written submissions on the mistrial application.
Those legal briefs will be for his eyes only. Thomas said they don't have to be filed with the courts or made public until he makes a decision on the mistrial application.
- Convicted murderer Travis Vader seeks mistrial
- Lawyer foresees stay of proceedings in murder case
- McCann family shocked convictions may be invalid
Defence lawyer Brian Beresh said he wanted the opportunity to argue in open court, but Thomas reserved his decision on that request, stating it would depend upon the quality of the written submissions.
Vader's lawyers, the Crown prosecutor and Thomas met in the Edmonton courtroom Monday, two weeks after Thomas found Vader guilty of second-degree murder in the deaths of St. Albert couple Lyle and Marie McCann.
Thomas also asked the Crown prosecutor to assemble a draft sentencing plan, including any evidence the Crown might want to call.
"I want to get some idea how long a sentencing hearing might take," Thomas said. "So I want everyone to put their minds to that."
Judge says he will announce decision on mistrial application in open court. That's what <a href="https://twitter.com/hashtag/yegmedia?src=hash">#yegmedia</a> hopes to get live streamed. <a href="https://twitter.com/hashtag/CBC?src=hash">#CBC</a> <a href="https://twitter.com/hashtag/yeg?src=hash">#yeg</a>
—@cbcjanjohnstonJustice Thomas has directed Vader's lawyer to complete his submission for mistrial motion by Oct. 12 . <a href="https://twitter.com/hashtag/cbc?src=hash">#cbc</a>.
—@briarstewartJustice says nothing substantive will come out of today . Says today is about laying out where court goes from here
—@briarstewartTravis <a href="https://twitter.com/hashtag/Vader?src=hash">#Vader</a> has just been brought into the prisoner's box in his orange coveralls and no more beard. His gf in front row. <a href="https://twitter.com/hashtag/CBC?src=hash">#CBC</a> <a href="https://twitter.com/hashtag/yeg?src=hash">#yeg</a>
—@cbcjanjohnstonMonday's court date was initially set aside for a sentencing date, but that was before Vader's defence team filed a motion for a mistrial.
In his Sept. 15 decision, Thomas cited Section 230 of the Criminal Code — a section that was declared unconstitutional by the Supreme Court of Canada more than 25 years ago.
It allowed for a finding of second-degree murder if a killing occurred during the commission of another crime, such as robbery.
Thomas said in his ruling he found no evidence Vader intended to kill the McCanns.
Some legal experts believe Thomas could find Vader guilty of manslaughter.
In his decision, Thomas said he believed Vader was a desperate drug addict who came across the McCanns in their motorhome in a rural area west of Edmonton in 2010, shot them during a robbery and torched their RV.
The McCanns, who were in their 70s, were on a road trip when they disappeared. Their bodies haven't been found.
