Absence of 2 key figures could loom over Pickton jury, legal analyst says
Last Updated: Sunday, December 2, 2007 | 2:36 PM PT
CBC News
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The absence from the witness stand of two key figures who were talked about but not seen during the trial of B.C. farmer Robert William Pickton could create doubts among the jury, a legal analyst says.
During the murder trial in B.C. Supreme Court, the jury heard about Dave Pickton, the younger brother of Robert Pickton. They also heard about Robert Pickton's former friend Dinah Taylor, who was presented as an alternative suspect in the death of at least one of the women. But Dave Pickton and Dinah Taylor never testified.
'So I think they're going to be wondering about these people, "Why haven't we heard it from them?"'—Donna Turko, lawyer and analyst
Vancouver lawyer and analyst Donna Turko said that fact will have an effect in the jury room as jurors decide whether Pickton is guilty beyond a reasonable doubt.
"A reasonable doubt is a doubt that a juror can give reason to," Turko said, giving as an example, "'I doubt he did it because I didn't hear from the brother, I didn't hear from Dinah Taylor.'
"So I think they're going to be wondering about these people, 'Why haven't we heard it from them?'"
The Crown did try to address that in its closing arguments — suggesting Taylor could have acted as a facilitator for Pickton, bringing women to the farm.
Pickton, a Port Coquitlam pig farmer, is charged with first-degree murder in the deaths of Sereena Abotsway, Mona Wilson, Andrea Joesbury, Brenda Wolfe, Marnie Frey and Georgina Papin. After a nearly 10-month trial, the jury is currently deliberating.
Pickton will face another trial on 20 murder charges at a later date. He has pleaded not guilty to all charges.
Brothers described as boss-slave relationship
Witnesses during the trial in New Westminster, B.C., said Dave Pickton dominated his older brother, with some describing the relationship as, "Dave was the boss, and Willie was the slave."
During a search of the bedroom of Dave Pickton, police found bedroom bungee cords, wrist restraints, pills, sex paraphernalia, and a .22-calibre rifle in the closet.
Court heard that he had been convicted of sexual assault in 1992. Seven years later, another woman went to police alleging Dave Pickton had violently assaulted her, tying her arms and legs to bedposts with bungee cords, and shoving pills down her throat. She said she was too scared to pursue charges.
On the witness stand, one officer confirmed they have not ruled out the possibility Dave was involved with the killings, but they have no evidence to link him directly.
Dave has also refused to give a formal interview to police and has never been in court either to testify or to support his brother.
Jurors also did not hear from Taylor, who came to the courthouse in New Westminster, when the jury wasn't there.
Only the judge and lawyers heard her speak, but there is a publication ban on what she said.
But she did tell reporters that she knows how much she has been talked about in this trial, including being implicated by some witnesses.
"I guess maybe some of them think that, but I just, when they talk like that, I just walk away and say, 'Whatever,' because I don't want some girls down there jumping on me."
Refuses to answer questions
Taylor was arrested in connection with the deaths nearly two weeks before Pickton was, but was never charged.
In the videotaped police interrogation, Pickton repeatedly refuses to answer questions, insisting he has to talk to Dinah first. Police refuse, and tell him his brother is saying she committed some of the killings.
Her fingerprint was found on a roll of duct tape in Pickton's bedroom and three witnesses said they heard her threaten Joesbury.
Pickton's close friend, Gina Houston, testified that she met with Pickton just before his arrest.
Houston said he was upset, contemplating suicide, and wanted to call Taylor, who had fled to Ontario. Houston said when the call was over, a relieved Pickton said Taylor would come back and take responsibility for what she had done.
Taylor has never co-operated with police.
The Crown did try to address that in closing arguments, suggesting that Dinah could have acted as a facilitator for Pickton by bringing women to the farm.
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