GUILTY Canada - Terry, 27, & Hailey Blanchette, 2, Blairmore, AB, 14 Sept 2015 #3

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To me I think the not calling evidence has more to do with appeal... if u don't present evidence st trial it's now new evidence grounds for appeal...

It's not as easy as one might think to launch an appeal. For one thing, appellate lawyers are not required to be paid for by legal aid. If legal aid deems that the appeal is groundless, they will not provide the funds for the appeal. And then the defendant needs to find a lawyer to work pro bono, either on the actual appeal or on an appeal for funding. So unless the defendant has a lot of money to pay for their own appellate lawyer, or knows a lawyer that will work for them pro bono, it would not make sense to me for their original lawyer to hold back evidence and then produce it as new evidence to try to establish grounds for appeal. Not sure that would even be legal or ethical? Most appeals that are granted are based on trial errors and not new evidence, except for in the cases where advancements in forensics provided an opportunity to exonerate or new evidence truly did arise after the fact.

MOO
 
What about him hearing voices and cannibalization? I thought the defence would bring out a psychiatrist to testify. I guess both sides agree that he's a manipulative liar!

Well at the very least it appears that doctors who assessed him do believe that he was fit to stand trial and despite whatever mental disorders he may have, he is criminally responsible for these murders if he is found guilty of them.

MOO
 
I wonder if it's DS who had input into going to trial/mounting a defence. Yes, he initially fudged, prevaricated, made excuses like 'the devil made me do it', but he did confess, and caved pretty quickly, unlike Garland and most other cases I've followed.

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Like an astute poster pointed out earlier, it's the Crown's responsibility to make sure that it is proven that he is responsible for all three murders in the first degree. If his attorney does not believe that the evidence on discovery proves that, and they do seem to have some concerns about the HM murder, then they will go to trial if there is no plea deal.

In this case, his attorney may have tried to strike a deal with the sentencing. Perhaps requesting a concurrent sentence if he plead guilty to all three murders. The stakes are higher now with the new consecutive sentencing for multiple charges. If the Crown refused, they'd have to go to trial to get any reduction in sentencing.

DS has nothing to lose by going to trial and his attorney is going to try to get him the best possible outcome. And, of course, there is always the possibility of trial errors and appeals being granted. Then they will try to have him out on bail, with his parents as his surety, while awaiting a new trial. Anything can happen when you go to trial so why not?

MOO
 
This didn't go as expected by the defense(showing the photo of the crime scene). They expected the officer to say something , I believe, that he didn't say. It was probably the most fascinating moment of the day, actually. Can't say anything more than that right now.
 
Thanks rmoeller. Can't wait to hear from you, and the media, the things that the jury were not allowed to hear once they are sequestered.
 
There could be value in it in some cases I don't know in this one possibly in regards to confessions but if u think about Douglas garland... new evidence and new attempt to have farm search inadmissible if they can get any key evidence out on appeal but need grounds it helps to have a reason for appeal
No Defense attorney would leave out evidence that would help their client at trial as a hold out for a possible future appeal. And if they did, they should be disbarred.
 
Like an astute poster pointed out earlier, it's the Crown's responsibility to make sure that it is proven that he is responsible for all three murders in the first degree. If his attorney does not believe that the evidence on discovery proves that, and they do seem to have some concerns about the HM murder, then they will go to trial if there is no plea deal.

In this case, his attorney may have tried to strike a deal with the sentencing. Perhaps requesting a concurrent sentence if he plead guilty to all three murders. The stakes are higher now with the new consecutive sentencing for multiple charges. If the Crown refused, they'd have to go to trial to get any reduction in sentencing.

DS has nothing to lose by going to trial and his attorney is going to try to get him the best possible outcome. And, of course, there is always the possibility of trial errors and appeals being granted. Then they will try to have him out on bail, with his parents as his surety, while awaiting a new trial. Anything can happen when you go to trial so why not?

MOO
Imagine this monster out on bail? I bet he kill again as soon as he had the opportunity. I think this guy has an uncontrollable blood lust. Killing seems to be a compulsion he really enjoys.
 
For those following Bella Bonds case. A verdict was reached.


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Kevin Martin‏Verified account @KMartinCourts 14h14 hours ago
Back in Lethbridge Monday for final arguments in the Derek #Saretzky triple-murder trial. Submissions set to start at 10 am.

Kevin Martin‏Verified account @KMartinCourts 2h2 hours ago
Final arguments about to commence in the Derek #Saretzky triple-murder trial. WARNING: Some detals may be extremely graphic.

Kevin Martin‏Verified account @KMartinCourts 2h2 hours ago
Crown prosecutor Photini Papadatou will give her closing remarks, before #Saretzky's lawyer, Patrick Edgerton, makes his defence arguments.

Kevin Martin‏Verified account @KMartinCourts 2h2 hours ago
Jury of 14 people will hear closing remarks, but only 12 of them will be permitted to deliberate a verdict. #Saretzky

Kevin Martin‏Verified account @KMartinCourts 2h2 hours ago
While the gallery has been sparse for most of the trial (apart from large medial contingent), more than two dozen here today. #Saretzky

Kevin Martin‏Verified account @KMartinCourts 2h2 hours ago
Justice William Tilleman now in court. Jury will be brought in shortly. #Saretzky

Kevin Martin‏Verified account @KMartinCourts 2h2 hours ago
Jury now in court for final arguments. #Saretzky


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Warning: Graphic

Kevin Martin‏Verified account @KMartinCourts 2h2 hours ago
Papadatou starts by outlining the four charges #Saretzky faces, three of first-degree murder and one of committing an indignity to a body.

Kevin Martin‏Verified account @KMartinCourts 2h2 hours ago
Papadatou notes #Saretzky said killing of Hanne Meketech was practice for the other two killings.

Kevin Martin‏Verified account @KMartinCourts 2h2 hours ago
#Saretzky said he didn't think Meketech would be missed. "That's deliberation," Papadatou says.

Kevin Martin‏Verified account @KMartinCourts 2h2 hours ago
Papadatou details four similarities between the Meketech/Blanchette murders that she says show planning and deliberation. #Saretzky

Kevin Martin‏Verified account @KMartinCourts 2h2 hours ago
"The same van is used to get to Hanne Meketech's house," Papadatou says of white van believed used in Blanchette murders. #Saretzky

Kevin Martin‏Verified account @KMartinCourts 2h2 hours ago
"Why did we show you all those terribly gruesome pictures. There's two similarities here," Papadatou says. #Saretzky

Kevin Martin‏Verified account @KMartinCourts 2h2 hours ago
"The stabbing and the hitting are awfully lot alike," Papadatou says of injuries to Hanne Meketech and Terry Blanchette. #Saretzky

Kevin Martin‏Verified account @KMartinCourts 2h2 hours ago
"She was kidnapped ... taken to a site choked, dismembered," Papadatou says of little Hailey Dunbar-Blanchette. #Saretzky

Kevin Martin‏Verified account @KMartinCourts 2h2 hours ago
Papadatou says jurors can find #Saretzky planned and deliberated the killing of Hailey, but also that he kidnapped her.

Kevin Martin‏Verified account @KMartinCourts 2h2 hours ago
"Those statements are reliable," Papadatou tells jurors, in arguing #Saretzky's confessions weren't made up.

Kevin Martin‏Verified account @KMartinCourts 2h2 hours ago
"The man had a list, effectively to kill everyone on the list, that goes to planning," Papadatou says of list found in #Saretzky's home.

Kevin Martin‏Verified account @KMartinCourts 2h2 hours ago
"I hope to remain dispassionate and refer to the facts as they came out," says Papadatou. #Saretzky

Kevin Martin‏Verified account @KMartinCourts 2h2 hours ago
"This has been an emotional experience to all of us," Papadatou says. #Saretzky

Kevin Martin‏Verified account @KMartinCourts 2h2 hours ago
Focus on Meketech killing. "Did he intend to kill her, was it planned and deliberate," says Papadatou. #Saretzky

Kevin Martin‏Verified account @KMartinCourts 2h2 hours ago
"She loved dogs, she lived alone," Papadatou says of Hanne Meketech. #Saretzky

Kevin Martin‏Verified account @KMartinCourts 2h2 hours ago
"You've seen pictures of one of her little dogs on her body when she was found," Papadatou says of Meketech. #Saretzky

Kevin Martin‏Verified account @KMartinCourts 2h2 hours ago
White van caught on video shortly after midnight on Sept. 9, 2015, near Hanne Meketech's home. Crown says.#Saretzky

Kevin Martin‏Verified account @KMartinCourts 2h2 hours ago
#Saretzky says he clubbed Meketech three times and stabbed her twice in neck. Pathologist found five blows and two stab wounds, notes Crown.


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Kevin Martin‏Verified account @KMartinCourts 2h2 hours ago
#Saretzky said he regrets killing Meketech because she was a friend of his grandparents. "That was the beginning of his confession."

Kevin Martin‏Verified account @KMartinCourts 2h2 hours ago
#Saretzky said his plan going to Meketech home was "just to kill her," says Crown

Kevin Martin‏Verified account @KMartinCourts 2h2 hours ago
"What did he plan to do? He planned to kill her," Papadatou says. #Saretzky

Kevin Martin‏Verified account @KMartinCourts 2h2 hours ago
"I hit her in the head with the bat and I stabbed her for no real reason," Crown quotes #Saretzky's confession to police.

Kevin Martin‏Verified account @KMartinCourts 2h2 hours ago
#Saretzky's confession consistent with the physical evidence including how Meketech died and where she was attacked in her trailer: Crown.

Kevin Martin‏Verified account @KMartinCourts 2h2 hours ago
#Saretzky knew Meketech was topless and only wearing underpants, says Crown.

Kevin Martin‏Verified account @KMartinCourts 2h2 hours ago
#Saretzky said killing of Meketech was around midnight. White van seen on video at 12:07 a.m.

Kevin Martin‏Verified account @KMartinCourts 2h2 hours ago
"He says three (blows to Meketech's head) the autopsy says five," Papadatou says of consistency between facts and #Saretzky confession.

Kevin Martin‏Verified account @KMartinCourts 2h2 hours ago
"Hanne Meketech was dead, or nearly dead when she was stabbed," Papadatou tells jurors. #Saretzky

Kevin Martin‏Verified account @KMartinCourts 2h2 hours ago
#Saretzky wouldn't have been able to get blood from Meketech's neck because she was almost dead when he stabbed her, says Crown.

Kevin Martin‏Verified account @KMartinCourts 2h2 hours ago
"I didn't think anybody would care about her," Papadatou quotes #Saretzky. "There's the deliberation."

Kevin Martin‏Verified account @KMartinCourts 2h2 hours ago
"Was it practice for the next one, a little bit?" #Saretzky was asked of Meketech killing. "Yeah, I guess so," he replied.

Kevin Martin‏Verified account @KMartinCourts 2h2 hours ago
"He's written on his list, sleepers for the dogs," says Papadatou, noting #Saretzky knew Meketech had two dogs.

Kevin Martin‏Verified account @KMartinCourts 1h1 hour ago
Pathologist says blunt force wounds on Meketech could have been caused by baseball bat, says Crown. That's what #Saretzky said he used.

Kevin Martin‏Verified account @KMartinCourts 1h1 hour ago
"The accused goes to church before and after he killed Hanne Meketech," says Papadatou. #Saretzky

Kevin Martin‏Verified account @KMartinCourts 1h1 hour ago
A bat was found in the crawl space of #Saretzky's home "as he described to the police," says Papadatou.

Kevin Martin‏Verified account @KMartinCourts 1h1 hour ago
"The physical evidence is consistent with what the accused says he did," Papadatou says. #Saretzky

Kevin Martin‏Verified account @KMartinCourts 1h1 hour ago
"The way Hanne Meketech was killed the blunt force and the sharp force injuries was hold back," Crown says of details #Saretzky knew.

Kevin Martin‏Verified account @KMartinCourts 1h1 hour ago
"How could he have known all those things," Papadatou says, of reliability of #Saretzky confession.

Kevin Martin‏Verified account @KMartinCourts 1h1 hour ago
Papadatou apologizes to jurors for forcing them to view autopsy pictures, but says it was necessary. #Saretzky

Kevin Martin‏Verified account @KMartinCourts 1h1 hour ago
"The accused says he stabbed her twice," says Papadatou, hammering home fact #Saretzky knew details only the killer would.

Kevin Martin‏Verified account @KMartinCourts 1h1 hour ago
"She had her jewelry and the accused does say he took nothing from the scene," says Crown. #Saretzky

Kevin Martin‏Verified account @KMartinCourts 1h1 hour ago
"The accused tells (MIke) McCauley ... I killed her around midnight," says Papadatou. White van caught on video at 12:07 a.m.

Kevin Martin‏Verified account @KMartinCourts 1h1 hour ago
Papadatou now moving on to murders of Terry Blanchette and his daughter, Hailey Dunbar-Blanchette. #Saretzky

Kevin Martin‏Verified account @KMartinCourts 1h1 hour ago
Papadatou says ample evidence of planning and deliberation in killing of Blanchette. #Saretzky

Kevin Martin‏Verified account @KMartinCourts 1h1 hour ago
When #Saretzky says God directed him to campsite "that's a lot of hooey," says Papadatou, noting he'd been there days earlier.

Kevin Martin‏Verified account @KMartinCourts 1h1 hour ago
His aunt tells you that he noted the wood pile. He would have noted the fire pit, Crown says of earlier visit to campsite. #Saretzky

Kevin Martin‏Verified account @KMartinCourts 1h1 hour ago
#Saretzky easily able to lead police to remote location where he killed and burned the remains of little girl, notes Crown.

Kevin Martin‏Verified account @KMartinCourts 1h1 hour ago
#Saretzky's cousin discovered still smouldering fire pit while the accused was confessing to killing of little girl and her dad. says Crown.

Kevin Martin‏Verified account @KMartinCourts 1h1 hour ago
Police had already found site where Hailey Dunbar-Blanchette killed when #Saretzky led investigators there.

Kevin Martin‏Verified account @KMartinCourts 1h1 hour ago
"Her bones are in the pit, there's tool marks," Papadatou says. #Saretzky

Kevin Martin‏Verified account @KMartinCourts 1h1 hour ago
Court taking morning break. #Saretzky



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Kevin Martin‏Verified account @KMartinCourts 38m38 minutes ago
Jury now back in court. Crown prosecutor Photini Papadatou resuming her closing arguments. #Saretzky

Kevin Martin‏Verified account @KMartinCourts 37m37 minutes ago
Papadatou now detailing evidence of planning and deliberation in the death of Terry Blanchette. #Saretzky

Kevin Martin‏Verified account @KMartinCourts 35m35 minutes ago
Evidence consistent with what #Saretzky says he did to Blanchette, struck him in bed and dragged him to bathroom, says Crown.

Kevin Martin‏Verified account @KMartinCourts 33m33 minutes ago
Evidence shows #Saretzky was wearing gloves because no ridge marks in bloodstains at Blanchette residence. Saretzkt said he wore gloves.

Kevin Martin‏Verified account @KMartinCourts 32m32 minutes ago
"The homicide occurred before 3:30 a.m. on Sept. 14, 2015," Papadatou says of the killing of Terry Blanchette. #Saretzky

Kevin Martin‏Verified account @KMartinCourts 31m31 minutes ago
"The bones of the little girl were being found while the accused was confessing. It all happened very quickly," Crown says. #Saretzky

Kevin Martin‏Verified account @KMartinCourts 30m30 minutes ago
"The focus of this was finding Hailey," Papadatou says, of McCauley's first interview with #Saretzky

Kevin Martin‏Verified account @KMartinCourts 30m30 minutes ago
#Saretzky eventually confesses to McCauley that Hailey was not alive, says Crown.

Kevin Martin‏Verified account @KMartinCourts 29m29 minutes ago
"Saretzky says 'I choked her,'" Papadatou notes of confession to police. #Saretzky

Kevin Martin‏Verified account @KMartinCourts 29m29 minutes ago
#Saretzky said he could take police to Hailey's body. "That's what he does, takes them to the body," says Crown.

Kevin Martin‏Verified account @KMartinCourts 28m28 minutes ago
"The accused expresses a certain amount of self-preservation," says Papadatou. #Saretzky

Kevin Martin‏Verified account @KMartinCourts 27m27 minutes ago
"We know he'd been there on Sept. 9," Papadatou says of #Saretzky's claim he'd never been to location of fire pit before killing Hailey.

Kevin Martin‏Verified account @KMartinCourts 26m26 minutes ago
"God picked it out for me ... I've never been there before," Crown notes of #Saretzky's statement. "That's not true."

Kevin Martin‏Verified account @KMartinCourts 25m25 minutes ago
#Saretzky told police Hailey was dead before he cut her, points out Crown.

Kevin Martin‏Verified account @KMartinCourts 24m24 minutes ago
"Let's focus on Terry," Papadatou says, turning her submissions to Blanchette's killing. #Saretzky

Kevin Martin‏Verified account @KMartinCourts 21m21 minutes ago
"I hit him with a crowbar in the head," #Saretzky told police, Crown notes of Blanchette killing.

Kevin Martin‏Verified account @KMartinCourts 19m19 minutes ago
Papadatou leads jurors to area of confession where #Saretzky tells Staff Sgt. Mike McCauley how he broke into Blanchette's home.

Kevin Martin‏Verified account @KMartinCourts 18m18 minutes ago
"Did he plan it? You bet," Papadatou says of killing of Blanchette. #Saretzky

Kevin Martin‏Verified account @KMartinCourts 16m16 minutes ago
"There is blood on his pillow, there was blood in the bedroom, he was in bed," Crown says, noting #Saretzky said he attacked victim in bed.

Kevin Martin‏Verified account @KMartinCourts 15m15 minutes ago
"Her name was crossed off, ... but she was in Edmonton," Crown says of Cheyenne (Chy) Dunbar, little girl's mom.

Kevin Martin‏Verified account @KMartinCourts 11m11 minutes ago
#Saretzky told police he threw crowbar used in killing Blanchette into fire which burned little girl, says Crown.

Kevin Martin‏Verified account @KMartinCourts 9m9 minutes ago
No crowbar found in fire. "Does it matter?" Papadatou asks jurors. #Saretzky

Kevin Martin‏Verified account @KMartinCourts 6m6 minutes ago
Accused took steps to cover up his crime which shows deliberation, says Papadatou. #Saretzky

Kevin Martin‏Verified account @KMartinCourts 6m6 minutes ago
"He brought water with him to clean himself," Papadatou says. #Saretzky

Kevin Martin‏Verified account @KMartinCourts 2m2 minutes ago
#Saretzky made disclosures to his dad that he also made to police, says Crown. "His father was begging him" to say where little girl was.

Kevin Martin‏Verified account @KMartinCourts 22s22 seconds ago
"There are weapons there are gloves, there are weird books," Papadatou says of #Saretzky's residence.



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[video=twitter;879396623389868032]https://twitter.com/KMartinCourts/status/879396623389868032[/video]

[video=twitter;879398904491417600]https://twitter.com/KMartinCourts/status/879398904491417600[/video]
 
[video=twitter;879402679260151808]https://twitter.com/KMartinCourts/status/879402679260151808[/video]


Kevin Martin‏Verified account @KMartinCourts 2m2 minutes ago
"Hailey's blood is found on the toy at the Grassy Mountain site," says Papadatou #Saretzky


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Kevin Martin‏Verified account @KMartinCourts 21m21 minutes ago
"It was a huge blood-letting scene, I don't have to tell you that, you've seen the pictures," Papadatou says of Blanchette home. #Saretzky

Kevin Martin‏Verified account @KMartinCourts 19m19 minutes ago
Papadatou thinks she's finished, but wants a break to consult with co-counsel. #Saretzky

Kevin Martin‏Verified account @KMartinCourts 14m14 minutes ago
"I am asking you to return a verdict of first-degree murder on each of the victims," concludes Papadatou. Jury now on lunch break. #Saretzky

Patrick Burles‏ @PatrickBurles 15m15 minutes ago
Trial adjourned until 1:30, at which time the defence will give their closing arguments #Saretzky

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I'm having some technical issues posting....
 
Do you want me to take over ILoveDateline? The site is pretty jumpy today.
 
Kevin Martin‏Verified account @KMartinCourts 13m13 minutes ago
Afternoon session of #Saretzky triple-murder trial underway. Just waiting for jurors to return to court.

Kevin Martin‏Verified account @KMartinCourts 11m11 minutes ago
Defence lawyer Patrick Edgerton about to address jurors on whether #Saretzky should be convicted or not.

Kaella Carr‏Verified account @CTVKaellaCarr 12m12 minutes ago
Defence is about to begin closing arguments in the #Saretzky trial.

Kaella Carr‏Verified account @CTVKaellaCarr 29s30 seconds ago
Court has yet to resume following lunch break. I'll keep you posted. #Saretzky


Meghan Grant‏Verified account @CBCMeg 21s21 seconds ago
Delay in afternoon #Saretzky proceedings as lawyers and judge deal w/ legal issue



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Kevin Martin‏Verified account @KMartinCourts now38 seconds ago
Jurors now coming in to hear defence submissions after short delay over legal issues. #Saretzky


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Kevin Martin‏Verified account @KMartinCourts now26 seconds ago
Defence counsel Patrick Edgerton now giving final submissions to the jury. #Saretzky

Meghan Grant‏Verified account @CBCMeg now41 seconds ago
Edgerton: Thank you to each and every one of you for participating in what I know has been a tough few weeks #Saretzky

Meghan Grant‏Verified account @CBCMeg now19 seconds ago
Edgerton: I'm just going to talk a little bit about the presumption of innocence #Saretzky

Meghan Grant‏Verified account @CBCMeg now24 seconds ago
Edgerton: You all come before the court with a wealth of common sense and life experience #Saretzky

Meghan Grant‏Verified account @CBCMeg 40s41 seconds ago
Edgerton: Your job now ... realize the presumption of innocence means you stand on the side of the accused to begin with #Saretzky

Kevin Martin‏Verified account @KMartinCourts 56s56 seconds ago
"It's the Crown's job to bring evidence before the court," says Edgerton. #Saretzky

Meghan Grant‏Verified account @CBCMeg 45s45 seconds ago
Edgerton: It's the Crown's job not only to prove accused did the crime they're accused of but also all elements of the offences #Saretzky

Patrick Burles‏ @PatrickBurles 1m1 minute ago
"You stand on the side of the accused to begin with," Edgerton says, adding it's up to the Crown to prove guilt #Saretzky

Kevin Martin‏Verified account @KMartinCourts 47s48 seconds ago
Case comes down to three statements #Saretzky gave to police, says Edgerton.

Kevin Martin‏Verified account @KMartinCourts 27s28 seconds ago
"The Meketech statement is different," says Edgerton. #Saretzky

Meghan Grant‏Verified account @CBCMeg 4s5 seconds ago
Re. #Saretzky confessions: Meketech statement is different. Consistencies are not there.

Nancy Hixt‏Verified account @NancyHixt 55s56 seconds ago
Edgerton says he will now point out inconsistencies with confessions #Saretzky

Meghan Grant‏Verified account @CBCMeg 1m1 minute ago
Re. #Saretzky confessions: Meketech statement is different. Consistencies are not there.

Kevin Martin‏Verified account @KMartinCourts 32s33 seconds ago
Edgerton now addressing issue of hold back evidence. #Saretzky

Patrick Burles‏ @PatrickBurles 1m1 minute ago
Edgerton focussing on confession statement #Saretzky made on March 2, regarding Hanne Meketech. Says consistencies aren't there

Kevin Martin‏Verified account @KMartinCourts 1m1 minute ago
"The investigation was ongoing at the time of the confession," says Edgerton. #Saretzky

Kevin Martin‏Verified account @KMartinCourts 51s52 seconds ago
Entry to house was "sort of known," Edgerton says, in discussing hold back evidence. #Saretzky

Kevin Martin‏Verified account @KMartinCourts 22s22 seconds ago
Even if you believe #Saretzky killed the victims there still isn't enough to find planning and deliberation, says Edgerton.

Meghan Grant‏Verified account @CBCMeg 5s5 seconds ago
Holdback info from Meketech investigation centred on nature of her injuries. Not enough to finding planning/deliberation #Saretzky

Patrick Burles‏ @PatrickBurles 9s10 seconds ago
Edgerton tells jury that even if they find #Saretzky killed Meketech, it's too much of a leap to say planning & deliberation went into it

Kevin Martin‏Verified account @KMartinCourts now56 seconds ago
Meketech's neighbour didn't notice her dogs in her yard morning of Sept. 9, but they were there that evening. Edgerton says, #Saretzky.

Kevin Martin‏Verified account @KMartinCourts now17 seconds ago
Crown's case relies on white van being seen just after midnight on Sept. 9, 2015. #Saretzky


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