Murder charges stayed against Edmonton teens
CBC News
Posted: Jul 8, 2011 10:09 AM MT
Last Updated: Jul 9, 2011 4:04 AM MT
A stay of proceedings has been entered against the two teenage boys charged with first-degree murder in the deaths of Susan Trudel and Barry Boenke after a judge ruled that a statement made by one of the boys was inadmissible as evidence.
"He was not clearly informed of the requirement that a lawyer must be present when he made his statement unless he desired otherwise," ruled Alberta Court of Queen's Bench Justice John Gill in a 28-page decision dated May 27.
"The Crown has not established beyond a reasonable doubt that the statement was voluntary."
Trudel, 50, and her friend Boenke, 68, were found shot to death at a rural property near Ardrossan, just east of Edmonton, two years ago.
The two youths charged were wards of the province of Alberta who lived in a group home operated by Bosco Homes.
Susan Trudel, shown here in an undated photo, was found dead at her home east of Edmonton. Courtesy Jason AndersonThe teens, who were 14 at the time of the killings and can't be named, were scheduled to go to trial in September.
At the time, the RCMP called the murders "random."
The teens were arrested June 1, 2009 and interviewed by police. Although one boy spoke with a lawyer prior to the interview, no lawyer was present with him during the three-hour interrogation.
The judge doubted whether police clearly explained that a lawyer was required to be present unless the teen desired otherwise.
The judge also expressed doubts about how voluntary the teen's statement was — pointing out the boy's age, lack of experience with the legal system, plus his lack of sleep during the police interview.
Ruling angers families
The ruling angered Trudel's and Boenke's families.
"Oh we're upset," Trudel's daughter Jody Anderson told CBC News. "But speaking publicly won't change anything, so what are you gonna do, right?"
On his Facebook page, Trudel's son Jason Anderson wrote: "The kids that killed my mom are being released from jail tomorrow due to lack of evidence ... how f---ed is that?"
Barry Boenke in an undated photo. Supplied"I am totally outraged," said Judy Breitkreitz, Boenke's widow. "I'm not asking for the moon, I'm asking for common sense from a judge here."
Crown prosecutor Michelle Doyle decided without the teen's statement there was little chance of winning a conviction.
She disagreed with the judge's ruling and maintains police did a professional job throughout the investigation, including taking the statement.
"In taking statements from young persons, the police are subjected to greater obligations in order to ensure fairness," said Doyle.
"It is a difficult undertaking to take a statement form a young person in complete compliance with the law," she said.
Investigators did everything they could to make a successful case, said Strathcona County RCMP.
"I don't think it's a case where somebody messed up or there's blame to be put on someone for an oversight in any part of the investigation," said Const. Wally Henry.
Police hope witnesses come forward
Henry is certain there are people who know what happened the night of May 31, 2009, but have since remained silent.
"We sincerely believe there are people out there who have knowledge of this incident and for one reason or another they have chosen not to not be involved in it," said Henry. "We're really encouraging them to come forward."
The Crown has one year to resurrect the charges if significant new evidence becomes available, Alberta Justice spokesman David Dear said in an email.
The Crown is seeking a review by Alberta Justice Appeals Division into the Courts decision to determine if an appeal is possible, he said.
The appeals division has 30 days to complete this review.
The youths are to be released from custody.
"At this time, the Crown has no legal grounds to hold the youths in custody," said Dear.
Breitkreitz said she's afraid of what will happen now the teens are free.
"These two boys are going to be in a public group home. Something will happen again.
"You have to remember [Alberta Children and Youth Services] has no obligation to anyone to say where these boys are being placed," said Breitkreitz.
"They could be next door to you."
The province will ensure the teens are placed in an appropriate facility, said spokesperson Stuart Elson.
"We consider that's not only the counseling or therapy that a youth may require, but that's also things such as supervision and ... community safety."
With files from the CBC's Janice JohnstonShare Tools
Latest Edmonton News Headlines
- Artist captures chalk notes to inmates
- New exhibit focuses on sidewalk messages left by friends and family of those locked up in the Edmonton Remand. more »
- Accused in blast that killed Alberta mom handled her funds
- The man charged with the first-degree murder of a disabled Alberta woman was her financial adviser, according to the victim's sister. more »
- Search continues for man on Lake Wabamun
- RCMP continued the search Sunday for a man who disappeared into Lake Wabamun while tubing with friends. more »
- Canadian Pacific strikers face back-to-work legislation
- Labour Minister Lisa Raitt is prepared to end the Canadian Pacific Railway strike if necessary, after both CP and the union rejected a proposal for voluntary arbitration by the government-appointed negotiator on Sunday. Raitt says she is "extremely disappointed." more »
Top News Headlines
- Canadian Pacific strikers face back-to-work legislation
- Labour Minister Lisa Raitt is prepared to end the Canadian Pacific Railway strike if necessary, after both CP and the union rejected a proposal for voluntary arbitration by the government-appointed negotiator on Sunday. Raitt says she is "extremely disappointed." more »
- Syrian regime denies role in Houla massacre
- The UN Security Council condemned the Syrian regime at an emergency meeting Sunday, holding president Bashar al-Assad's military responsible for the massacre of more than 100 people, dozens of whom were children younger than 10 years old. more »
- Ryder Hesjedal wins prestigious Giro d'Italia
- Victoria native Ryder Hesjedal has become the first Canadian to win one of the cycling world's three Grand Tour events, wrapping up the 2012 Giro d'Italia with an excellent performance in the final stage in Milan. more »
- Neighbour may have helped find missing kids in Mexico
- Two Winnipeg children who had been missing for nearly four years were found in Mexico after a man raised concerns about his neighbour, according to a private investigator. more »
- Occupy Edmonton rallies in solidarity with Quebec students
- Accused in blast that killed Alberta mom handled her funds
- Artist captures chalk notes to inmates
- Search continues for man on Lake Wabamun
- Candle cause of south side fire
- Man dead after crash near Drayton Valley
- Renovation reveals mysteries of building's past
- Second man charged in apartment killing
- Oil spill clean-up underway in northern Alberta

