Canada - Terry, 27, & Hailey Blanchette, 2, Blairmore, AB, 14 Sept 2015 #2

[Snowglobe]

In March of 2010, the Crowsnest Pass passed a curfew bylaw designed to curb the reported acts of vandalism by youths.

http://www.crowsnestpass.com/municipal-government/council/bylaws

Some of the people in this case would have fallen in the age category for this bylaw. So young people were doing "bad things" in CNP, as KD stated.

 

[blacksheep]

In March of 2010, the Crowsnest Pass passed a curfew bylaw designed to curb the reported acts of vandalism by youths.

http://www.crowsnestpass.com/municipal-government/council/bylaws

Some of the people in this case would have fallen in the age category for this bylaw. So young people were doing "bad things" in CNP, as KD stated.

This is pretty common though for small towns. Kids get bored and commit petty crimes. It spikes and wanes just like anywhere else. But yes, the pass was obviously having some issues.

I am not trying to make sense of an illogical situation. But I have a suspicion that the emotional well being of the perp in some situations has bearing on the location chosen for the body. It may have more to do with adrenaline or even be just as simple as ease of access. Maybe just general comfort level or even a past event in their lives that holds some kind of significance for whatever reason contributes more so than the thought of who will find the body and when. I won't speculate past that.

 

[Jasper52]

I doubt that DS will chose a jury trial. His lawyer is much more likely to suggest trial by judge alone.

"His defence team elected to have the case heard by a judge and jury, if Saretzky is deemed fit to stand trial."

BBM

Source

If DS is found fit to stand trial, this tells me he plans to plead not guilty. JMO

 

[Jasper52]

That really doesn't answer the question. All that is saying, if I'm not mistaken, is that 2nd degree murder would become 1st degree murder if a kidnapping was involved. I highly doubt that the murder charge includes a kidnapping charge as one charge would put the jury in a difficult position. For instance, if the jury believed he killed them, but didn't see proof of kidnapping, they would have to find him not guilty because it's a single charge.

Again, there is no rush here. We know the forensic tests will take time, and DS ain't going anywhere. We don't know what he told police, beyond the location of the body, so it is quite possible that they are trying to piece this together.?

As far as the indignity charge goes, I believe that if he killed Hailey at her home and dumped her body in the woods, that in itself would warrant the indignity charge. My problem with that is that if he were simply dumping a body, why do it on a piece of property that could be directly linked to you? Obviously at some point those remains would be found.


Sent from my iPhone using Tapatalk

BBM

I didn't say that. I stated in an earlier post that I thought the 1st-degree murder charge overrode the kidnapping charge. DS faces two charges as it stands right now. IF HDB was killed at home, this could be where the indignity to a body charge comes in. That charge alone may very well include DS doing other acts to her body but we will not be privy to this until trial. JMO

 

[Valleyboy]

"His defence team elected to have the case heard by a judge and jury, if Saretzky is deemed fit to stand trial."

BBM

Source

If DS is found fit to stand trial, this tells me he plans to plead not guilty. JMO

Not too many plead guilty and get tried by Judge and Jury.

 

[amis_]

Is anyone on here familiar enough with other cases to know this answer? In cases where someone has kidnapped a child and later murdered them, were they only charged with first degree or were kidnapping charges also prosecuted alongside a murder charge?. If other people have been charged with both kidnapping and murder then this may indicate whether HDB died in the home with her father or not.

Michael Rafferty was charged with kidnapping, sexual assault and 1st degree murder for the abduction and murder of Victoria Stafford.

 

[~n/t~]

Michael Rafferty was charged with kidnapping, sexual assault and 1st degree murder for the abduction and murder of Victoria Stafford.

Correct. Which makes me question why DS was not charged with kidnapping (??)

 

[~n/t~]

Psychiatric assessment ordered for accused child killer Derek Saretzky


The man accused of killing a two-year-old southwestern Alberta girl and her father earlier this month has been ordered to undergo a 30-day psychiatric assessment.

Derek Saretzky made a brief appearance Wednesday via video link in a Lethbridge courtroom. The 22-year-old, clad in a blue jumpsuit, had a solemn demeanour, with his eyes downcast much of the time.

Saretzky is back behind bars after being taken to hospital last week. Media outlets have quoted sources as saying he tried to commit suicide by hanging himself.

“He is walking and talking. Of course he’s very concerned about everything that’s going on, but he appears to be well,” said Patrick Edgerton, a lawyer with the Edmonton-based firm representing Saretzky.

There are two reasons for the psychiatric assessment, said Edgerton.

“First is to determine whether or not the accused is fit to stand trial. In a basic sense, that means whether or not he understands what’s going on, understands the court process,” he said.

“The second is to see what his mental state was at the time of the offence, what was going on his head.”

The assessment will be done at the Southern Alberta Forensic Psychiatric Centre in Calgary.

The case is due back in court in Lethbridge on Oct. 29.

http://calgaryherald.com/news/local-news/assessment-ordered-for-accused-child-killer

 

[~n/t~]

If he's walking and talking and appears to be well.........I think he's fit to stand trial. :jail:

 

[Alison]

Is anyone on here familiar enough with other cases to know this answer? In cases where someone has kidnapped a child and later murdered them, were they only charged with first degree or were kidnapping charges also prosecuted alongside a murder charge?. If other people have been charged with both kidnapping and murder then this may indicate whether HDB died in the home with her father or not.

In the case of Victoria Stafford, Micheal Rafferty was charged with Kidnapping, Murder One and Sexual Assault. So I would think if they can prove Hailey was taken alive from the home a kidnapping charge will also be tacked on. Perhaps this is the delay in releasing the body. MOO

Edited Sorry I missed Amis_ post where they mentioned Stafford.

 

[blacksheep]

BBM

I didn't say that. I stated in an earlier post that I thought the 1st-degree murder charge overrode the kidnapping charge. DS faces two charges as it stands right now. IF HDB was killed at home, this could be where the indignity to a body charge comes in. That charge alone may very well include DS doing other acts to her body but we will not be privy to this until trial. JMO

I'm quite sure you are correct. This isn't the exact reference from the Canada criminal code as I don't really want to search for it, but this is the overall premise you speak of:

"Under the merger doctrine as this term is used in criminal law, lesser included offenses generally merge into the greater offense. Therefore, a person who commits a robbery can not be convicted of both the robbery and the larceny that was part of it."

The RCMP have already stated that they are still in the early stages of of this investigation. Additional charges are often laid when more evidence is gathered.

 

[amis_]

Correct. Which makes me question why DS was not charged with kidnapping (??)

I think that tells us a lot but of course, JMO.

 

[Jasper52]

Not too many plead guilty and get tried by Judge and Jury.

I know that. I was simply trying to point it out to some that don't seem to comprehend what's going on. SMH

 

[Alison]

I'm quite sure you are correct. This isn't the exact reference from the Canada criminal code as I don't really want to search for it, but this is the overall premise you speak of:

"Under the merger doctrine as this term is used in criminal law, lesser included offenses generally merge into the greater offense. Therefore, a person who commits a robbery can not be convicted of both the robbery and the larceny that was part of it."

The RCMP have already stated that they are still in the early stages of of this investigation. Additional charges are often laid when more evidence is gathered.

The thing is Murder and Kidnapping are two completely different crimes. Someone can plan a murder without kidnapping and can kidnap without murdering. In the case of robbery and larceny you can not commit one without committing the other. You often see people charged with uttering death threats and assault because you can commit one without committing the other. Just my opinion though and I agree I think they could be collecting more evidence before more charges are laid.

 

[Snowglobe]

Not criminally responsible strategy: If DS is fit to stand trial, the lawyer may choose trial by judge and jury, hoping to convince the jury of his client's incapacity at the time. This would be a much harder tactic with a judge alone.

Plain, ordinary not guilty strategy: better to choose judge alone.

I still wonder if this will be a matter of overwhelming evidence convincing the attempted suicidee to plead guilty at the last minute, supposedly to spare the victims' families. I call this the Colonel Mustard strategy.

 

[Snowglobe]

For those who were wondering about forcing an inmate to take food and water, it was stated quite clearly in another prominent case that a prisoner cannot be forced to eat and drink. However, it was also stated that such prisoners can be closely monitored and medical treatment sought.

Hunger strike after a suicide attempt? It wouldn't be the first time someone has tried this: the Colonel Mustard strategy.

 

[paris_paris]

Is anyone on here familiar enough with other cases to know this answer? In cases where someone has kidnapped a child and later murdered them, were they only charged with first degree or were kidnapping charges also prosecuted alongside a murder charge?. If other people have been charged with both kidnapping and murder then this may indicate whether HDB died in the home with her father or not.

Michael Rafferty was found guilty of first-degree murder, sexual assault causing bodily harm and kidnapping.

 

[Jasper52]

Not criminally responsible strategy: If DS is fit to stand trial, the lawyer may choose trial by judge and jury, hoping to convince the jury of his client's incapacity at the time. This would be a much harder tactic with a judge alone.

Plain, ordinary not guilty strategy: better to choose judge alone.

I still wonder if this will be a matter of overwhelming evidence convincing the attempted suicidee to plead guilty at the last minute, supposedly to spare the victims' families. I call this the Colonel Mustard strategy.

Are you still questioning how the case will be tried? I.e. via judge alone or judge and jury?

 

[Snowglobe]

Are you still questioning how the case will be tried? I.e. via judge alone or judge and jury?

Nope. That's up to the accused, if and when the time comes,

 

[Jasper52]

Nope. That's up to the accused, if and when the time comes,

Well, it's already been answered. It would help if you would read previous posts or MSM/LE reports.

Please see here: http://www.websleuths.com/forums/sh...more-AB-14-Sep-2015-2&p=12093539#post12093539