Defence questions police processing of Moncton shooting scene

An RCMP forensics officer faced questions Thursday over his work at home in Moncton where a teenager died in 2022.

Sgt. Mitchell Perry cross-examined in second-degree murder trial of Riley Phillips

Shane Magee · CBC News · Posted: Oct 03, 2024 4:35 PM EDT | Last Updated: October 3

A blue topped tent over a car parked in a driveway with several tarps on the ground to the left of the vehicle and a duplex in the background. — Tents and tarps to protect evidence stand outside a Logan Lane duplex on April 25, 2022, after Joedin Leger was taken to hospital. (RCMP/Court of King's Bench)

An RCMP forensics officer faced questions Thursday over his work at home in Moncton where a teenager died in 2022.

RCMP Sgt. Mitchell Perry was cross-examined on the eighth day of the jury trial of 20-year-old Riley Phillips on a charge of second-degree murder. It's alleged he killed 18-year-old Joedin Leger on April 25, 2022, in Moncton.

The Crown alleges Leger was shot multiple times during a home invasion and robbery involving Phillips and five others.

Perry testified he photographed the Logan Lane home where Leger died, took swabs of items and possible blood, and examined the property for bullets. He also photographed items seized from other locations related to the investigation.

A young boy with his chin in his hand wearing a baseball-style hat looks. — Joedin Leger died on April 25, 2022. (Albert County Funeral Home)

Phillips's lawyer, Brian Munro, asked a series of questions about why Perry focused on the exterior of the Logan Lane home, suggesting through several questions that red stains or objects went unexamined.

Perry said information early in the investigation suggested the shooting happened outside the front door, where police and paramedics found Leger lying on the ground.

Munro asked whether the focus on the exterior meant things inside may have been missed.

"Potentially," Perry said.

A messy kitchen scene with yellow evidence markers in various locations. — A photo entered as an exhibit shows the kitchen of Logan Lane with an evidence marker on floor to the left beside a homemade gun. Another marker near the dishwasher is beside a homemade shotgun. (RCMP/Court of King's Bench)

Munro pointed to photos showing untested red marks inside the home near a homemade gun, which the jury has heard held a spent .22 calibre casing. Blood was also found on the floor near the home's front door.

"That might suggest there was an exchange inside the house instead of the exterior?" asked Munro.

"That's possible," Perry said.

Perry said he didn't have a reason for not swabbing the red stain to test for blood, saying he may not have noticed it.

Asked if, in hindsight, whether he would've taken a closer look in the interior, Perry agreed he would.

The jury has heard a bullet recovered from Leger's body was fired by a .38 calibre revolver. Munro asked if any .38 calibre bullets or casings were found in or outside the home. Perry said none were found.