Pynn-Butler trial: No concrete evidence to place Lyndon Butler at scene

More evidence was entered into a second-degree murder trial in St. John's on Thursday, but there is still no concrete evidence that puts one of the accused at the scene of the incident.

Philip Pynn and Lyndon Butler are both on trial for the shooting death of Nick Winsor, 20, in July 2011.

The Crown alleges Winsor was killed during a botched robbery attempt, when the three men showed up to Tom "Billy" Power's home to try to get a gold and diamond chain from him.

Power was able to pick Pynn out of a police photo lineup, saying he was "110 per cent" sure it was Pynn who was at his home.

However, Power was unable to pick both Winsor and Butler out of a similar photo lineup a few days later.

So far in the trial, there is no concrete evidence that places Butler at the scene.

Text messages about rifles

On Thursday, some cell phone records were entered into court by Royal Newfoundland Constabulary Const. Bruce Mesh, including some that the Crown alleges came from a phone Butler used.

An incoming text dated June 25, 2011 from a Tim Blake asks "No anyone who wants to buy some rifles in-a shotty," presumably meaning shotgun.

In another text to the same phone on June 27, Blake asks, "Anything good yet bro." The text reply, a few seconds later, "No man, I woulda let you know. Wat about dis shotty u txtd me about."

Jeff Brace, Butler's lawyer, pointed out to the court that the phone in question wasn't registered under his client's name. Rather, it was registered to Butler's brother Richard.

Brace told Const. Mesh in court that sometimes defence attorneys don't trust the police, and noted that after Mesh had retrieved the information, somehow the memory on the phone got erased. 

Brace said, "Because of you, the evidence is destroyed."

Mesh admitted, "Yes, the memory is gone."

How this will affect Butler's case in the trial will depend how, or if, the Crown connects the texts and prove it was Butler inquiring about a shotgun.