- <
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extensive information regarding Monique Turenne | Have
your say on the blog | Winnipeg police
in the news again: internal report leaked |
- When Chief
Ewatski wrote to me to stand behind Loren
Schinkel's denial that he forged documents did he know these
documents had been filed stateside?
- The Grand Jury indictment,
extradition and prosecution of Monique Turenne is the personal
mission of politically amitious Florida former DA Jim
Appleman.
-
Monique
Turenne: Florida jury has found her guilty of 2nd degree murder.
injusticebusters
will have much more to say about this wrongful conviction!
Monique Turenne found
guilty of 2nd-degree murder of husband in Florida
June 17, 2005
PANAMA CITY, Fla. (AP) - A
Winnipeg woman was found guilty Friday of second-degree murder
for helping her former lover fatally bludgeon her husband, a
Canadian air force officer serving in Florida.
Monique Turenne, 48, shook her head as the verdict was read after
about three hours of deliberation
She faces a maximum sentence
of life in prison with the possibility of parole. A sentencing
hearing is set for Aug. 2.
Maj. David Turenne's body was
found in his front yard Feb. 9, 1996, face down in his own blood.
He had been fatally beaten with a hammer or similar object that
was never found.
"This is not about an
accident," assistant state attorney Larry Basford told the
jury.
"This is not a mistake.
This is not a coincidence."
"This was a planned attack.
This was murder."
Although the state had sought
a first-degree murder conviction, which would have brought a
life sentence with no parole, the jury agreed to the lesser-included
charge of second-degree murder.
"We're pleased that this
nine-year journey has resulted in Monique Turenne being held
accountable for the betrayal and death of her husband,"
said State Attorney Steve Meadows.
Her sentence depends on a pre-sentence
investigation and state sentencing guidelines that will be used
by the judge. Meadows said he expects a sentence of more than
20 years.
David Turenne, 42, a computer
expert, was assigned to the U.S.-Canadian North American Aerospace
Defence Command at nearby Tyndall Air Force Base.
His sister, Nicky Stamler of
Balmoral, Man., was disappointed a first-degree murder conviction
wasn't reached.
But Stamler added: "She's
going to be an old lady when she comes out and I can't help but
be satisfied with that."
Deputy public defender Walter
Smith said it "wasn't unexpected" for the jury to agree
on a lesser verdict. He also said the case is "rife with
appellate issues" and he wanted an earlier sentencing date
so he could start.
Smith disputed the prosecution's
attempt to portray his client as a "master puppeteer"
who lured her lover, Ralph Crompton, into killing her husband.
He said Crompton was solely responsible for the death.
Crompton, 50, a retired U.S.
air force master sergeant, already is serving a life term since
being convicted of first-degree murder nearly nine years ago.
Monique Turenne's trial was delayed as she went to Canada after
her husband's death and then fought extradition attempts.
They were briefly reunited
in a Florida courtroom Thursday, when Crompton refused to testify,
saying he has a federal appeal pending and is afraid of the state.
He also said Meadows asked him to lie to the grand jury that
indicted Monique Turenne.
Prosecutors instead contended
she set her husband up for the fatal beating by sending him out
on a late-night errand so Crompton could jump him outside the
house.
Meadows said her motive was
to collect more than $600,000 in life insurance and other benefits
or that she was angry with him for refusing to back her up in
a neighbourhood squabble.
Smith argued even if she did
set her husband up, she never intended for Crompton to kill him.
A son from a prior marriage,
Daniel Paille, 20, offered another scenario he said occurred
in the hours or minutes before his stepfather died.
"There was a man in the
house who threatened my family with a knife," Paille said.
He said the man with a blond
pony tail - Crompton is balding with dark, grey-streaked hair
- demanded a briefcase. Paille acknowledge he had never told
police about the alleged intruder. He said the only other time
he told the story was to a reporter in Canada.
Monique Turenne had a second
son with the victim, Michael Paille, 12, now living with his
brother in Winnipeg.
Previous
< < <
We have news that
the defence team is optimistic. Her fellow inmates took up a
collection to buy clothes for her to wear to court.. They were
expecting her charges to be dismissed today, but no such luck.
Trial is going forward.--Sheila Steele, June 10, 2005
Turenne trial is clear for
takeoff
Judge denies motion to dismiss indictment in Canadian woman's
first-degree murder case
By David Angier, News Herald
Writer, June 19, 2005
Circuit Judge Michael Overstreet
found no misconduct Thursday on the part of Monique Turenne's
prosecutors in their pursuit of a murder indictment against her.
He denied a motion to dismiss
the indictment and cleared the way for next week's trial. Turenne,
48, a Canadian citizen, is charged with first-degree murder in
the February 1996 death of her husband,
Canadian Air Force Maj. David
Turenne, outside their Panama City home. David Turenne was beaten
to death with a hammer.
Monique Turenne is to begin
trial Monday and faces life in prison if convicted as charged
of either directly killing her husband or being a principal to
his murder.
Deputy Public Defender Walter
Smith argued that the indictment in this case was "empty"
because it was gained primarily through "perjurous"
testimony of Turenne's co-defendant, Ralph Crompton.
Crompton, 50, was convicted
in 1996 of first-degree murder in David Turenne's death and sentenced
to life in prison. At trial, Crompton contradicted an earlier
statement - a confession - he gave to police and claimed instead
that Monique Turenne killed her husband.
Crompton had told police that
Monique Turenne had nothing to do with the killing.
Crompton told the grand jury
that he did not know for sure how David Turenne died, only that
he was alive after their fight and when Crompton left the area.
The prosecution contested that testimony at Crompton's trial
- calling it "incredible" - but, Smith argued, allowed
it to go to the grand jury unchallenged.
"They weren't fundamentally
fair here," Smith said of prosecutors. "They went the
most expeditious way to get an indictment."
Overstreet said he found Crompton's
contradictory statements had been given to the grand jury, along
with other testimony that has not been challenged by Smith.
Overstreet did ask prosecutor
Larry Basford if he intended only to argue that Monique Turenne
was a principal in her husband's murder and not the one who dealt
the fatal blows. A principal to murder is one who might help
facilitate a killing without actually participating in it.
Overstreet said there is case
law that seems to prevent the prosecution from arguing that Turenne
was the actual killer after proving at trial that Crompton was.
Basford would not concede that
point to the judge.
"We have two people who
worked together to cause the death of David Turenne," he
said. "Both of them are equally guilty of first-degree murder."
Basford said Monique Turenne
lured her husband outside to Crompton, who was waiting in the
bushes.
He said it was a "matter
of interpretation" as to whether Crompton's grand jury testimony
had been adequately challenged by prosecutors.
Overstreet also addressed another
request from Smith to dismiss the indictment because, Smith said,
prosecutors lied to Canadian authorities about the charge against
Turenne so they would extradite her.
Smith said in his motion that Turenne was originally charged
with being an accessory after the fact to murder, a charge the
Canadian government would not extradite for. He said prosecutors
had to gain a murder indictment, by whatever means, to get Turenne
back to Bay County.
Overstreet said the extradition
package clearly showed that authorities were seeking to prosecute
her for first-degree murder or principal to first-degree murder.
He said there was nothing misleading in the extradition package
either.
That would seem to do away
with that motion, even though Overstreet did not dismiss it outright.
"In Mr. (Mike) Jones'
investigative report he outlined a whole series of tems of evidence
that might point to (Monique Turenne) as being a principal to
the crime," Overstreet said.
Killer may testify for
Turenne defense
By David Angier, News Herald
Writer, , June 8, 2005
Convicted murderer Ralph Crompton
has been Monique Turenne's most vocal accuser. He has testified
for the state against Turenne.
But in Turenne's trial next
week, Crompton might find himself testifying for the defense.
Turenne, 48, a Canadian citizen,
is charged with first-degree murder in the February 1996 death
of her husband, Canadian Air Force Maj. David Turenne, outside
their Panama City home. David Turenne was beaten to death with
a hammer.
Monique Turenne is to begin
trial Monday and faces life in prison if convicted as charged
of either directly killing her husband or being a principal to
his murder.
Crompton, 50, was convicted
in October 1996 of David Turenne's murder and sentenced to life
in prison.
Crompton claims that he and Monique Turenne were having an affair.
He admits fighting with David Turenne the morning of the murder
but said at his trial that he did not kill Turenne.
During his arrest, police say,
Crompton confessed to the murder and said Monique Turenne had
nothing to do with it. Crompton says now - and said during his
trial - that Monique Turenne was the one who dealt the fatal
blows, and denies confessing.
Crompton testified for the
grand jury that indicted Turenne in 1997. She had returned to
Canada by that time and fought extradition until authorities
returned her to Bay County in December.
Turenne's attorney, Deputy
Public Defender Walter Smith, told Circuit Judge Michael Overstreet
on Tuesday that he intends to call Crompton as a trial witness,
even if prosecutor Larry Basford does not.
Basford did not say whether he would call Crompton but did tell
Overstreet that the Department of Corrections should bring Crompton
to Bay County early in the trial.
Basford prosecuted Crompton
on the murder charge in 1996 and characterized Crompton's testimony
then as a "lameduck excuse."
"It is one of about 100
(tales) that he's told in this case," Basford said then.
"You decide how much weight should be given to his testimony."
Turenne's trial is expected
to last all of next week, possibly into the weekend and the following
week. Basford said he would need until Thursday at the latest
to present his case. The defense will start Thursday afternoon
or Friday if things go as expected.
Before testimony is presented,
however, Overstreet and the lawyers will meet at least two more
times to settle outstanding motions. They will argue on Thursday
a motion to dismiss the indictment based on Smith's contention
that prosecutors "invited" Crompton to lie to the 1997
grand jury.
"It is clear from the
grand jury proceedings," Smith wrote in an amended motion
filed Tuesday, "that the prosecution actually invited perjured
testimony from Mr. Crompton. Specifically, the prosecution permitted
Ralph Crompton to lie about his involvement in the murder of
David Turenne; furthermore, the prosecutor allowed Mr. Crompton's
testimony to go unchallenged, leaving the grand jury to believe
that it was truthful."
Smith attached to the motion
segments of Crompton's grand jury testimony, trial testimony
and the prosecutor's closing argument in his trial. He pointed
out that when prosecutor Steve Meadows, now state attorney, questioned
Crompton for the grand jury, he made no effort to challenge testimony
that months before Basford had "vehemently" attacked
in his cross-examination of Crompton at trial.
In the segment that Smith attached
to his motion, Crompton told grand jurors that he did not kill
David Turenne.
"I did not do this,"
Crompton said. "I want justice to come. I want to find out
the truth and I think I have. And Monique here and having her
go through a trial, you might find out what the truth is and
what happened after I left. But I sure can't figure it out. Every
day I think about it and pray about it. And I don't know."
After that statement, Meadows
asked the grand jurors if they had any questions for Crompton.
Meadows said Tuesday that Smith is basing his "speculation"
on portions of the testimony presented to the grand jury.
"The job of the prosecutor
is to bring all relevant witnesses in to the grand jury, favorable
or unfavorable, so the grand jury is fully informed," he
said. "I believe this grand jury was fully informed by all
the witnesses, not just the bits and pieces Mr. Smith wishes
to discuss. And after being fully informed the grand jury came
to the conclusion that there was probable cause to charge Monique
Turenne."
Meadows said, in general, there
would be no reason to question a witness at a grand jury differently
than in a criminal trial.
"We want to bring out
all relevant evidence whether we're at trial or not at trial,"
he said.
said.
The Sun iis
still at it:: We strongly urged Monique Turenne to make a civil
libel claim against the Sun papers and other news organizations
which carried the lie that Crompton was her lover, a fact which
she has always denied. Their acceptance of Pat Turenne's and
Henry Thorimbert's lies has always been unwise. Monique Turenne's
former sister-in-law and ex-husband have something to gain by
spreading lies.
Lover to testify at Turenne's
trial
By Staff, Winnipeg Sun,
Sat, June 11, 2005
Accused killer Monique Turenne
will stand trial Monday for the 1996 death of her husband David,
outside the couple's Panama City, Fla., home.
If convicted, Turenne, who
grew up in St. Boniface, faces life in prison with no chance
of parole, the same sentence handed her one-time lover, Ralph
Crompton.
On Thursday, Judge Michael
Overstreet rejected Turenne's motion to block Crompton's testimony
at her trial. Deputy public defender Walter Smith alleged Crompton
was guilty of perjury and should not be allowed to testify.
Crompton is expected to be
the first prosecution witness followed by a pair of Winnipeg
homicide detectives. Sergeants Jim Thiessen and Loren Schinkel
interviewed Turenne hours before her husband's funeral in Winnipeg.
During the interview, Turenne
admitted she set up David for a beating by Crompton, but claimed
she did not want the air force major killed. During his trial,
Crompton testified that during the struggle on the driveway with
David, he was on his back. When David went limp, he looked up
to see Monique standing with a claw hammer in her hand. The murder
weapon has never been found.
- Turenne's pretrial hearing
set to begin
- Motions in Canadian
woman's murder trial will be addressed
By David Angier. News Herald
Writer , June 7, 2005
Today begins what likely will
be the homestretch in the Monique Turenne murder case, with a
trial on the horizon and issues yet to be resolved.
Turenne, 48, a Canadian citizen,
is charged with first-degree murder in the February 1996 death
of her husband, Canadian Air Force Maj. David Turenne, outside
their Panama City home. David Turenne was beaten to death with
a hammer.
Monique Turenne is to begin
trial next Monday. She has a pretrial hearing today where some
issues will be addressed, but other motions may need to be resolved
before the trial begins.
Circuit Judge Michael Overstreet has told defense lawyer Walter
Smith and prosecutor Larry Basford they need to be ready to argue
motions on short notice this week.
A Bay County grand jury indicted
Monique Turenne in her husband's death in 1997. Turenne, who
had returned home by that time, fought extradition until she
was returned to Bay County in December.
In March, Smith asked Circuit
Judge Michael Overstreet to grant the defense access to testimony
used to gain the indictment. He said in his motion that the prosecution
relied on the testimony of Turenne's co-defendant, Ralph Crompton,
which the prosecution had depicted as lies during Crompton's
trial.
Crompton was convicted in 1996
of first-degree murder in David Turenne's death. At one point,
Crompton took responsibility for the murder and said Monique
Turenne, with whom he claims he was having an affair, had nothing
to do with it.
At his trial, Crompton changed
his story and admitted fighting with David Turenne but claimed
Monique Turenne dealt the fatal blows.
"During the trial the
prosecution consistently portrayed Mr. Crompton as a liar,"
Smith said in his motion, "arguing to the jury that his
testimony was unworthy of belief."
He included excerpts from Crompton's
trial in which prosecutors called Crompton's testimony "incredible,"
"unbelievable" and "an incredibly unbelievable,
irrational story because it is not true."
Smith had asked for the grand jury testimony to see if prosecutors
Jim Appleman and Steve Meadows - the former and current state
attorneys - relied on testimony they "knew or should have
known" was false.
Overstreet granted Smith access
to Crompton's grand jury testimony two weeks ago.
Smith said Monday he had read through the transcript and is prepared
to amend his prior motion to include specifics he feels will
support his argument. It's unlikely that Smith and Basford will
argue the amended motion at today's hearing, but a time might
be scheduled for later this week to address it.
Overstreet has had to rearrange
his schedule to make himself available for next week's trial.
The lawyers have arranged for the transportation and accommodations
of witnesses, many from Canada. Smith said his office has already
spent thousands of dollars in anticipation of next week's trial.
State Attorney spokesman Joe Grammer said the prosecution is
ready for trial.
"We got witnesses coming
in from far places," he said. "I'd hate to even say
how much money is involved in bringing in the people we have
to have."
have."
Turenne's attorney strikes
back
By David Angier, News Herald
Writer, May 20, 2005
Monique Turenne's lawyer has
filed another motion to dismiss the murder charge against her,
this time claiming the prosecution misrepresented its case to
Canadian officials in order to get them to extradite her.
Deputy Public Defender Walter
Smith wrote in a motion this week that prosecutors have been
claiming two theories about Canadian Air Force Maj. David Turenne's
death in 1996.
Monique Turenne, 48, was indicted
on a first-degree murder charge in 1997 in connection to her
husband's death. She had returned home to Canada prior to the
indictment and fought extradition for seven years until officials
returned her to Bay County in December.
She faces life in prison if
convicted as charged.
In Smith's motion, he states
that the prosecution took Turenne's co-defendant, Ralph Crompton,
to trial in 1996 claiming Crompton beat David Turenne to death
with a hammer. During the trial, prosecutors repeatedly told
jurors that Crompton was lying when he claimed that Monique Turenne
was the killer, Smith wrote.
But Crompton's sworn statement
naming Turenne the killer was included in an "extradition
package" submitted by the State Attorney's Office in 1997
to Canadian authorities, Smith wrote.
"At no time does (then-State
Attorney Jim) Appleman refer to Mr. Crompton's (other) statement
that Monique Turenne had nothing to do with it, nor does he mention
that his office vigorously asserted to a jury that Mr. Crompton
was a liar whose testimony was unworthy of belief," Smith
wrote.
Smith goes on to state that:
"After obtaining the indictment,
the state misrepresented to the Canadian government that it was
Ms. Turenne and not Mr. Crompton who actually beat David Turenne
with a hammer. Now, after successfully exploiting the extradition
process, the state must now revert to its 'Master-Mind' theory
wherein it must argue in a manner consistent with the trial of
her co-defendant that Mr. Crompton directly caused the death
of David Turenne. Undoubtedly, the state will argue to the defendant's
jury that she beguiled a naïve, lovestruck Ralph Crompton
into murdering her husband for insurance money.
"Due process does not
afford such elasticity to a theory of prosecution."
State Attorney spokesman Joe
Grammer said he does not agree with Smith trying this case in
the media.
"I find it interesting
that he assumes he knows what the state's theory is," Grammer
said. "This will be addressed in the appropriate time and
the appropriate forum."
He said the state will pursue
a case against Turenne that is in line with the wording of the
indictment, that she "caused or contributed" to David
Turenne's death.
Smith included about 100 pages
of supporting documentation in his motion, including the extradition
packet.
Crompton, in a sworn statement
dated Dec. 19, 1997, said he drove from South Carolina to Panama
City to meet Monique Turenne at her urging. He said the two had
been involved in an affair for months preceding the murder.
Crompton said he was hiding
outside the house when David Turenne confronted him. He said
during their fight, Monique Turenne hit her husband from behind
with a "hammer-like object." Crompton said the blow
knocked David Turenne unconscious, but he was still alive when
Crompton left.
David Turenne died from multiple
blows to the head.
Also included with White's
motion are transcripts of interviews Monique Turenne gave to
Bay County and Canadian investigators.
In a Canadian interview dated
Feb. 15, 1996, she was told that Crompton had been named the
killer. She asked the official if he was sure and wondered aloud
why Crompton, who she worked with, would have killed her husband.
She denied any involvement.
The official asked Turenne
if she was having an affair with Crompton and Turenne initially
denied it. She then, according to the statement, acknowledged
sleeping with Crompton once.
Bay County investigators originally
charged Turenne with being an accessory after the fact to murder.
Smith states in his motion that prosecutors had to charge her
with first-degree murder because Canadian officials would not
have extradited her otherwise.
Turenne granted access
to testimony
Judge allowing Canadian
woman's attorney to review 1997 grand jury witness statement
to determine if prosecutors relied on evidence they knew was
false
By David Angier, News Herald
Writer , May 18, 2005
A judge on Tuesday granted
Monique Turenne access to testimony to the 1997 grand jury that
indicted her on a first-degree murder charge.
Grand jury testimony almost
never is disclosed, but Circuit Judge Michael Overstreet will
allow Turenne's attorney, Deputy Public Defender Walter Smith,
to review one witness' testimony to see if prosecutors relied
on evidence they knew was false.
A grand jury indicted Turenne
of first-degree murder in the death of her husband, Canadian
Air Force Maj. David Turenne, who was beaten to death outside
their Panama City home on Feb. 9, 1996.
Monique Turenne, 48, a Canadian
citizen, returned home shortly after her husband's death and
some time before she was indicted. She fought extradition for
seven years before being returned to Bay County in December.
Smith said he "has reason
to believe that the testimony of Ralph Crompton was presented
to the grand jury in an effort to obtain the indictment for first-degree
murder.
"If so, defense counsel
has further reason to believe that Ralph Crompton committed perjury
before the grand jury; furthermore, both the (then) State Attorney
Jim Appleman and his assistant Steven D. Meadows knew or should
have known that the testimony was perjurious. Both attorneys
advised the grand jury."
Smith said Meadows, who was
elected state attorney in November, prosecuted Crompton along
with Assistant State Attorney Larry Basford. Crompton, who claimed
to be Monique Turenne's lover, was convicted of first-degree
murder in October 1996 and sentenced to life in prison.
Crompton gave two different
versions of David Turenne's death - saying at one time that Monique
Turenne had nothing to do with it and then saying at trial that
she delivered the fatal blows.
Grand jurors stated in the
indictment that they believe Monique Turenne murdered her husband
"by striking him with a blunt object."
"During the trial, the
prosecution consistently portrayed Mr. Crompton as a liar,"
Smith said in his motion, "arguing to the jury that his
testimony was unworthy of belief."
He included excerpts from Crompton's
trial in which prosecutors called Crompton's testimony "incredible,"
"unbelievable" and "an incredibly unbelievable,
irrational story because it is not true."
Overstreet reviewed a transcript
of Crompton's grand jury testimony. He issued a written order
Tuesday granting Smith's request. He gave prosecutor Larry Basford
10 days to look over the transcript and identify areas he feels
are "extraneous or sensitive" and should be excluded
before being turned over to Smith.
If Basford wants certain elements
excluded he will have to argue those points to Overstreet.
Basford and Smith received
the order at a hearing Tuesday morning. Both men told Overstreet
that witnesses in Canada were not cooperating with the local
investigation of the case.
Basford said Turenne gave interviews
to media in Canada during her extradition fight that tells a
different story, a "third version" of David Turenne's
death. He told Overstreet that the journalists who conducted
the interview will not agree to testify if he calls them to trial.
A United States subpoena has
little legal weight in Canada.
Smith told Overstreet that
phone records subpoenaed by the prosecution in 1996 - which could
help his case - are not part of the state's discovery and no
longer exist with the phone company. He said the prosecution
only has turned over to him evidence that supports its case and
nothing from "dead leads" that were pursued that could
benefit Turenne.
The case is scheduled for trial
in June. Overstreet said despite the complications he hopes the
trial will take place as planned. He said he would schedule hearings
after-hours every 48 hours if needed to resolve all the issues
leading to trial.
- Turenne's confession
brought into question
- Handwritten statement
scrutinized in hearing preceding murder trial
By David Angier , News Herald
Writer, Wednesday, May 4, 2005, 747-5077 dangier@pcnh.com
One of the main reasons Monique
Turenne is being prosecuted for murder - a handwritten "confession"
taken by Canadian officials - came under fire Tuesday in one
of the last hearings scheduled before her June trial.
Turenne, 48, is charged with
first degree murder in the death of her husband, Canadian Air
Force Maj. David Turenne, who was beaten to death with a hammer
on Feb. 9, 1996, outside their Panama City residence. Monique
Turenne returned home to Canada shortly after her husband's death
and fought extradition from 1997, when she was indicted, until
December, when she was returned to Bay County.
Monique Turenne is scheduled
for trial June 13. She will have another pretrial hearing May
17.
The day before her husband's
funeral, Canadian Air Force officials questioned her for at least
seven hours and produced the only statement she has given that
implies involvement in David Turenne's death. In it, Monique
Turenne reportedly states that she arranged for Ralph Crompton
to "rough up" David Turenne the night of Feb. 9, 1996,
but she did not know it would lead to her husband's death.
Crompton was convicted and
sentenced to life in prison in 1996 for his part in David Turenne's
death. He claimed that he left David Turenne alive and it was
Monique Turenne who delivered the fatal blows.
Monique Turenne's lawyer, Deputy
Public Defender Walter Smith, has filed a motion to have the
statement to Canadian officials excluded from trial.
Smith told Circuit Judge Michael
Overstreet on Tuesday that he has seen photocopies of the handwritten
statement and it does not look like it is Turenne's handwriting.
Smith said he will see the original statement sometime next week.
Smith said the 12-page statement
is supposed to be a verbatim recounting of the seven-hour interview,
including the "er"s and "um"s that would
be in a recorded statement. The interview was not captured on
audio or videotape.
The statement also gives a
motive for the killing. Smith said there is a convoluted scenario
described in which Monique Turenne allegedly set her husband
up to be beaten with a hammer because he would not take action
when a neighborhood boy hit their son with a plastic hammer.
"She claims she didn't
make those statements," Smith said after court. "The
state has been trying to prosecute her based on a statement she
claims she never gave."
After viewing the original,
Smith said, he will have to contact the Canadian officers who
interviewed Monique Turenne. That, in itself, could present problems.
There are numerous complications
in this case because it crosses international borders. Smith
said an American subpoena would carry little weight in Canada,
and he probably cannot force officials there to talk to him.
In addition, American standards
for interviewing suspects - rights guaranteed by the U.S. Supreme
Court in Miranda v. Arizona - do not apply in Canada. But for
the statement to be admissible as evidence, it would have to
meet the standards set forth in Miranda.
Once Smith and prosecutor Larry
Basford see the original statement, a hearing will be scheduled
to resolve the motion to suppress.
Overstreet told Turenne on
Tuesday that her case is moving along fairly well but it might
not be ready for trial in June.
One complication, which both
sides expected in a 9-year-old case, is finding current addresses
for witnesses. Smith said that has put him a month behind.
|
Truth can never be told so as to be
understood, and not be believ'd. William
Blake, The
Proverbs of Hell
