Bradley Barton's mistrial bid dismissed in connection with 2011 killing of Cindy Gladue
A judge has dismissed a mistrial application from the Ontario trucker found guilty of killing a woman in his Edmonton hotel room in 2011.
Alberta Court of Queen's Bench Justice Stephen Hillier dismissed the application Friday afternoon.
A court-ordered publication ban on the details of the application remains in effect pending further discussions later Friday.
In Februrary, Bradley Barton, 52, was convicted of manslaughter in the death of Cindy Gladue, a 36-year-old Metis and Cree woman
Barton's lawyer, Dino Bottos, told reporters a document of "concern" came to his attention but declined further comment, citing the publication ban.
An anonymous letter, believed to have been sent by one of the jurors was delivered by mail to Bottos’ office on March 3 – twelve days after the verdict.
The text of the letter itself remains under a publication ban, but according to Hillier's ruling, the contents made it appear that “Mr. Barton was not give the same respect as the victim” and that “the presumption of innocence was not given.”
He added that he “lacked jurisdiction to create a record for appeal in these circumstances.”
Barton's sentencing hearing was set to begin Tuesday. Lawyers will meet Tuesday to set a new date for a three-day sentencing hearing.
Gladue's body was found in a bathtub in Barton's hotel room at the Yellowhead Inn in June 2011. Court heard she bled to death after a wound to her vaginal area.
At trial, Crown prosecutors argued Barton caused the fatal wound when he sexually assaulted Gladue. Bottos argued Barton and Gladue had engaged in consensual sex acts.
Following his February trial, two jurors were excused before deliberations began.
Bottos argued a mistrial was warranted because the dismissed juror was trying to lobby others before deliberations had started.
Prosecutors said the matter had been dealt with when the two jurors were dismissed.
Justice Hillier was notified one jury member had expressed that working in the sex trade was “bad” and that Gladue would have lived had she not exchanged sex for money with Barton.
Another jury member was excused, the court heard, because he was trying to sway the opinion of other jurors.
It was the second trial for Barton. A jury in 2015 found him not guilty of first-degree murder.
The acquittal sparked rallies and calls for justice for Indigenous women across the country. Both the Alberta Court of Appeal and the Supreme Court of Canada ordered a new trial.
Barton, who resided in Mississauga, remains in custody. After the conviction, court was told he would not be applying for bail for financial reasons.
With files from the Canadian Press
CTVNews.ca Top Stories
Is it cold, flu or norovirus? Symptoms explained
The highly contagious norovirus is spreading across Canada, with some symptoms overlapping with other viruses. CTVNews.ca spoke with a health expert to find out how you can tell you have norovirus, the most common form of stomach flu, and what to do if you have it.
Freeland leaves capital gains tax change out of coming budget implementation bill, here's why
Deputy Prime Minister and Finance Minister Chrystia Freeland will be tabling yet another omnibus bill to pass a sweeping range of measures promised in her April 16 federal budget, though left out of the legislation will be the government's proposed capital gains tax change.
Anger can harm your blood vessel function, study shows
Stress and anger can have a negative impact on cardiovascular health, studies have shown. New research points to just how the mechanism may work.
Ontario's police watchdog continues probe of high-speed pursuit involving fatal crash
The investigation continues into a collision that killed two grandparents and their infant grandchild during a high-speed police chase on the wrong way of Highway 401 east of Toronto.
Ontario woman surprised after 20-year-old fines suddenly tank credit score
An Ontario woman says that she was shocked when fines from 20 years ago suddenly tanked her credit score last week, but the situation may not be as unusual as it seems, according to at least one debt expert.
Search continues for 'armed man' in Dartmouth, N.S.
Police say they continue to search for an armed man who allegedly threatened people in Dartmouth, N.S.
Swarm of bees delays Arizona Diamondbacks vs. Los Angeles game in Arizona. An 'MVP' beekeeper came to the rescue
Major League Baseball fans had an unexpected buzz on Tuesday after a swarm of bees delayed the Arizona Diamondbacks vs. Los Angeles Dodgers game for around two hours.
Newfoundland fisherman says police broke his leg during protest that delayed budget
Richard Martin is spending this year's fishing season on land after he says a Royal Newfoundland Constabulary officer broke his left leg in three places during a protest last month that shut down the provincial legislature.
It's opening day for the $34B Trans Mountain oil pipeline expansion
Wednesday marks the official start date of the long-awaited $34-billion Trans Mountain oil pipeline expansion project.