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