Convicted murderer refuses to take part in own appeal

A man convicted of murdering his two daughters in a central Newfoundland lake almost seven years ago refused on Tuesday to leave his cell so he could take part in his own appeal.

Nelson Hart was convicted of two counts of first-degree murder in 2007, in the drowning deaths of his twin three-year-old daughters, Karen and Krista Hart.

Hart, who is serving his sentence in a federal prison in New Brunswick, refused to take part in a videoconference session at the Newfoundland Supreme Court of Appeal, in St. John's.

The Appeal Court has for months been trying to get Hart's appeal moving through the system, but with little luck. Hart had previously refused to attend a similar hearing.

Hart has caused delay after delay in his appeal process, on grounds that he does not want anything to do with lawyers appointed through the legal aid system.

Attorney General Tom Marshall has subsequently agreed to pay a private law firm to take care of Hart's appeal. Although Hart had sent letters to the firm, as well as to Chief Justice Clyde Wells, indicating that he would take part in Tuesday's hearing, he refused to attend.

Wells on Tuesday made a rare legal decision. He said he will appoint "a friend of the court," namely a lawyer who will look after Hart's interests and rights at the appeal, even if Hart is not present.

Wells said he will make the appointment as soon as he can.

Hart was convicted for pushing his daughters into Gander Lake in 2002, while pretending to seek help for what he originally claimed was an accident.

Hart was charged after police used an undercover operation that led him to believe he was working with organized crime. The trial was presented with videotapes of Hart explaining how he committed the murders.