Pickton's defence team has a new face after Peter Ritchie stepped off the team. The new face is that of Gil McKinnon, a lawyer who apparently knows his way around the appeals system quite well.
What this means is that most likely this trial will not move forward for another year.
Crown's appeal on Monday was, in fact, a preemptive move. After emotions calmed down and after I was forwarded some legal analysis of Crown's appeal, I could come to terms with the fact it was, in fact, in the best interest of the case.
While my opinion may change as I learn new legal points as the days pass, I will say my opinion that the victim's families were disrespected will not be changed.
The families were left to figure this out all on their own, which in my view, is disgraceful. If I need a lawyer Cole's Notes to understand all this legal hoo-ha, why weren't the families afforded the same thing?
My humble opinion about the defence's appeal is this: apparently the jury should not have heard the confession tape. I am not sure why they think it was inappropriate, but it's something that I will try to figure out.
As for the Judge not instructing the jury properly in his initial instruction, I have to say, my God, he tried being as thorough as he could. I know - I sat through his three-plus days of instruction to the jury.
The problem, according to the defence, is the part where Justice Williams said that even if the jury felt he did not act alone or even if they thought Pickton acted in concert with someone else, they could convict Pickton.
This one rubs me the wrong way. If there is one thing that came out of this case and is the big white elephant in the room, it is the opinion that Pickton did not act alone.
No one believes he acted alone, yet the most obvious possible sidekicks were never charged - they, unfortunately, still roam our streets.
This point makes me a bit nervous because it could be that the defence will say, "Yes, Pickton could have been there for the killing, but that does not mean he did it." I will admit I had my doubts about his guilt because I did not believe he acted alone, and I worried about how the jury could find him guilty if they were thinking the same thing.
The next point concerns the statement that Justice Williams never clarified: the question the jury asked during deliberations. In fact, he suspended deliberations for a brief time and gave them revised instructions, rather than just answering their question.
Okay, we have 12 people like you and me who sat through 10 months of evidence and three days of listening to the Judge, and the defence is trying to say he erred by clarifying something, rather than just answering the question!?
This is when the justice system annoys me; that is just plain nit-picking.
I understand we have the appeals process because sometimes someone innocent is found guilty...it happens that we are human, we are all fallible, and we need that safety net to ensure justice.
However, something that trivial is hogwash.
The appeal also says that the judge should not have allowed the Crown to enter evidence relating to the death of "Jane Doe," an unidentified woman who was not included in the six charges of murder heard during the trial.
I am not sure I can even discuss Jane Doe, so I will not even tread there.
The fact that there are appeals is no surprise, but I am sad listening to the news. As it comes in, more and more I feel and think about the families before anything else.
I truly thought that when a verdict came down and my formal contract with Orato.com ran out, I would slip back into my life and occasionally reflect on this last year as an amazing learning opportunity and a year in which I found out who I am.
Since Sunday night when Mr.Frey first called about the Crown's appeal, I am realizing this case has become as much a part of my life as breathing.
I can spew off facts about it at a dinner party like nobody's business, but what keeps me engaged and what has become crystal clear to me in the last three days is that my heart is in it for the long haul.
Being able to match names to families, being able to look at a picture of one of the victims and conjure up the face of her sister or mother or son, who had those same expressions on their faces while I got to know them during deliberations, is what has made this case my passion, my baby.
I know there is much discussion on all sides about how much money this is costing and whether it is worth it.
I challenge you to look at your sister, your wife, your daughter, your mother and think if someone killed her, how much money would you spend to ensure justice was found on her behalf?
I am acutely aware of how much this trial has cost; it's in the tens of millions. I realize rational thinking wants to prevail and say, 'enough is enough.'
I'll admit it - I feel that way sometimes as well. I can look around and see the very obvious places the money could go.
Then I go home at night look at my children and think if they were murdered, would I really care about the cost? Wouldn't I expect my government and the powers that be do everything they can for my murdered family member?
Just because you have been spared the horror of having a family member murdered does not mean you can put a price on another person's justice, for I imagine if it was you in that position, you would suddenly find yourself not caring about the cost.
