Saint John murder trial hears only one set of gunshot residue tests went to police lab

The jury in a Saint John murder trial has heard several witnesses testify about samples taken for gunshot residue tests. 

Now in its third week, the trial has heard that samples were taken from both hands of the accused and the victim. 

But under cross-examination from defence lawyer Annie Maltais on Monday, Det. Const. Patrick Kenney testified that only the samples from the accused were sent to the crime lab for testing. 

Although there's been a lot of talk about gunshot residue tests, the results of the tests done on the accused's hands have not yet been heard by the jury. 

Zakkary Reed, 32, is charged with first-degree murder in the death of Alexander Bishop, who was shot in the chest on Aug. 20, 2023, and pronounced dead at the scene.

So far, the trial has heard from 26 Crown witnesses since it began on Jan. 6. 

One juror dismissed, 12 remain

On Monday, a juror was dismissed, although the reason was not disclosed in front of the remaining 12 jurors.

At the beginning of the trial, two witnesses testified that everyone in the apartment that night was doing drugs, including acid, meth and fentanyl. 

Early in the trial, the jury heard from Hanna Graham, 24, who said she and Bishop were doing drugs in a back room of 170 King St. East, when Reed burst into the room and shot Bishop once in the chest. 

Last week, the jury heard an interview Reed did with police within hours of the shooting. At first, Reed denied even knowing Bishop. He also denied being anywhere near King Street East within hours of the shooting.

Eventually though, his story changed, and he admitted going into the apartment. 

Reed told police that he went to pick up his dog, and Bishop was angry that he arrived so early. He said Bishop told him to leave and as he was doing so, he said, he heard a shot. He thought Bishop was shooting at him so he left. 

On Monday afternoon, Maltais asked Kenney about why only Reed's gunshot residue test was sent to the crime lab. 

Kenney explained that the lab can only take so many samples. Through a discussion between local investigators and the crime labs in Ontario, a decision is made about what is "feasible" for them and what evidence they will accept. 

Kenney said Bishop's samples would have been sent if there had been "probative value." 

Asked by the Crown to explain that, Kenney said there had been no indication that Bishop had fired a weapon. 

He said the focus on the first package of exhibits were on ones with probative value. He said they could have sent the samples in later if was determined to be warranted. 

Firearms expert testifies

The court also heard from an RCMP forensic scientist with a specialty in firearms. 

Andrew Post examined a shotgun that was found in the alley behind 170 King St. East within hours of the shooting, along with several samples of ammunition collected in the case. 

Post identified the firearm as a Stevens model 94, 12-gauge, break-action shotgun. 

Because the barrel and stock had been sawed off, it's considered a prohibited weapon, he said. 

Post successfully test-fired it with one of the lab's own shotgun shells. He also did a series of tests to determine that it wouldn't misfire if dropped. 

Saint John police submitted two shells that were found in Reed's possession when he was arrested within four hours of the shooting and both were successfully fired from the weapon. 

Post also examined the empty shell that was still in the gun when it was found by police, 20 pellets that were removed from Bishop's torso and a piece of wadding found in his chest.

Although Post said the pellets and wadding were consistent with the type used in the shell, he could not say whether they came from the shell that was left in the shotgun.