The trial to date

Welcome to my CFRA blog on the Larry O'Brien trial.

Through these entries my aim is to provide you with information and details that either don't fit or don't have a place in my on-air reports. As this is not a Twitter feed I won't be posting information every couple of minutes, rather a few times a day in a longer format. Since you likely don't have the time to step in to Courtroom 36, I'm going to do my best to be your eyes and ears and each day give you a glimpse of how the case is unfolding.

So, where are we at?

First, the fact that I'm able to blog from inside the courtroom is already a historic first. Judge Douglas Cunningham's decision to allow the media this unprecedented access is certainly telling of what kind of a judge he is. Though he joked last week that he was "technologically challenged" and that he would find monitors in the courtroom helpful when video statements are shown as long as he didn't have to press any buttons, Judge Cunningham recognizes the expanding role technology is playing in the lives of reporters.

Yet while blogging will be allowed, videocameras will not. The CBC's application to have streaming from the courtroom was flatly denied. Lawyer Daniel Henry was verbally slammed by both the Crown and the Defence by how late the application was filed. The least amount of notice is 15 days although the norm is 30. The CBC's application came barely three working days before the start date, or as Judge Cunningham put it "on the eve of the trial." Thus, this issue essentially came down to timeliness with both Crown attorney Scott Hutchison and Defence lawyer Michael Edelson stating that Henry must be oblivious to the preparation that goes into a criminal trial if he thought they'd have the time to devote themselves to his "extraordinary" application." This was only one of several scathing remarks. Another came when Henry paused to find some of his papers and was interrupted by Hutchison who told the Judge that Henry was completely off topic and wasn't addressing the appropriate issue. With the Judge agreeing, Henry's argument was quickly silenced and he was forced to take a seat.

On Day 2 of the trial (Tuesday May 5) proceedings barely lasted an hour. The issue of hearsay was presented to the Judge. According to Vince Clifford (another Defence lawyer on Edelson's team) Cunningham was given five hours worth of reading from both lawyers. Hearsay is going to play a significant role in this trial with Edelson telling the court it was "unprecedented" in the amount, and that it would be a "very significant part of the case." It will be up to the Judge to decide what evidence will or will not be admissible.

What's interesting about my ability to blog throughout the day while evidence is being presented is that what is said -and therefore what I pass on to you- may be deemed inadmissible in the end. So, while we will all be aware of testimony, if in the end the Judge deems it inadmissible, it will not play a role in his decision.

Of course, the only reason you'll be able to hear about inadmissible evidence is because no jury is present. Usually, when a judge is deciding if evidence is or isn't admissible, the jury is sent out of the room while the lawyers debate it. When a decision is made the jury is called back in... and since the media can't report on what is said while the jury is absent, the public never learns about the inadmissible evidence.

Among the evidence that Hutchison may present will be statements from Tim Tierney and Heather Tessier; emails between Kilrea and John Baird; emails between Kilrea and O’Brien; and conversations between Kilrea and Dimitri Pantazopoulos.

Day 3 of the trial begins today. It is expected that the Judge will explain how he will deal with hearsay evidence and Hutchison and Edelson will lay out their opening statements. Kilrea is expected to be the first witness to take the stand and that may be as soon as today.

Be sure to check in a couple of times a day to get the latest. Or choose to "follow" me and get notified when a new blog has been posted.

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