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Pickton Trial: Defence Witness Fumbles
By Trisha Baptie
Created 09/05/2007 - 14:46

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Citizen Correspondent
Preamble: 

As of August 4, it was official: the Defence in the Pickton case is moving forward. Since returning from summer break there has been a lot going on in the court between the lawyers, but nothing reportable because of the publication ban. Defence lawyers made an opening statement on September 4, and have stated that their part of the trial should take roughly three weeks - much less than the seven months Crown took to present its case. Defence is already off to a rocky start, as one of its first witnesses fumbles on cross-examination...

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The three things Defence seems to be focusing on are Pickton's supposed mental deficiencies, the credibility of Crown witnesses and the fact that others could be involved in the killings. Whether or not Pickton himself could take the stand is still uncertain.

Defence opened its case with lawyer Adrian Brooks saying, "Any conclusions you may be coming to at this stage about the guilt or innocence of Mr. Pickton are, at this stage, premature." He compared this case to a painting, where you do not know the whole picture until the last brush stroke is applied. "There are many brush strokes yet to be applied to this canvas before you have everything before you," he stated.

He continued his opening statement by saying we will hear from a psychologist who performed an IQ test on Pickton and from another psychologist who assessed his aptitude tests from his school records.

In the opening statements, we also heard about the will Pickton's mother left, in which Pickton and his siblings were not all treated fairly. Pickton would, in fact, not come into his inheritance until he was 40 years old.

Defence also plans to bring into question the significance of the blood found on a mattress in the trailer that Pickton resided in. They will also bring into question the human DNA found on a band saw, which belonged to Pat Casanova - a man who ran a pig slaughter and butchery on the 953 Dominion property.

Defence has already begun to call witnesses, starting with the ambulance workers who tended to Lynn Ellingsen. Ellignsen was the witness whose testimony took five days and who was plagued by bad memory due to drug addictions.

She was also the witness who delivered what was perhaps the most shocking testimony to date, placing Pickton in the presence of a dead body hanging before him in the barn at 953 Dominion Avenue on the date of March 20, 1999.

Ellingsen claimed to have left the farm after that date never to return, but ambulance workers testified to going out to the farm twice after that date to tend to her - once for a suspected drug overdose and once for a shoulder injury.

We heard from a woman by the name of Ingrid Fehlauer, who during questioning said she cleaned Pickton's trailer and never saw anything out-of-the-ordinary, except for the amount of dirt on the carpet.

However, under cross-examination, she admitted to seeing a large amount of blood in the trailer on an occasion. When asked whether she found this blood to be out-of-the-ordinary, she conceded that it was, but Defence had told her this detail was not expected to come out under cross-examination.

She testified they were just friends and she would go to slaughter with him and hang out at his place two to three times a week. Her acquaintance with Pickton was partially owing to the fact her common-law partner worked for the Picktons. She said she saw him slaughter many animals like pigs, goats, chickens and a horse without ever asking why or who they were for.

During cross-examination by Crown we also learned Fehlauer is Dave Pickton's sister-in-law. Her sister was in a common-law relationship with Dave and had two children with him - DJ and Tami. During her testimony, she referred to Pickton's parents with the very intimate titles of 'Ma' and 'Pa' Pickton and said she had known them since she was a young girl. Her and three of her siblings also worked for the the companies the Picktons ran at some point in time.

She went on to say that she saw many people on the property, sometimes as many as 20 from the different businesses that were run, including Pat Casanova, who was often in the slaughterhouse.

She also made some mistakes with dates when it came to describing the years she lived down the road from Pickton, saying she lived on Dominion Avenue between 1994 to 1998, when under cross-examination it became clear she had actually only moved to the area in late 1996.

I think it will take a lot for Defence to wade through the testimony of the over 90 witnesses that took seven months to present. What I find fascinating and what will keep me coming back day after day is seeing who they will call as witnesses and how they will present their case in anticipated lightening speed. That is, lightening speed compared to the Crown's case, which took much longer and seemed to drag out because of side bars and arguments and because so much of the material was just so dry.

Pullquote: 
When asked whether she found this blood to be out-of-the-ordinary, she conceded that it was, but Defence had told her this detail was not expected to come out under cross-examination.
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Source URL: http://www.orato.com/citizen-journalism/2007/09/05/pickton-trial-defence-witness-fumbles