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In his ruling, Albright pointed out that the Mr. Big technique employed by officers has been upheld as acceptable by the Supreme Court. While he expressed some apprehension about the vulgar language and depravity the officers displayed during several conversations with Hales during the sting, he said it wasn't his place to tell them how to do their jobs.
is subject to a voir dire, or trial within a trial. The Crown is required to prove the confession was voluntary and not the result of threats or promises made by officers. denying a person food, clothing or medical attention or subjecting them to unduly lengthy interrogations). Police also aren't allowed to use certain types of trickery to obtain confessions, such as impersonating a subject's lawyer or presenting a subject with fake Converse High Tops Womens evidence.
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For his part, Crown Prosecutor Matthew Miazga argued for allowing the tape in.
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The tape was played for the court earlier in the trial. In it, Hales begins by telling officers he thought Daleen Bosse had died from alcohol poisoning; Hales said he panicked and burnt her body. Later in the interrogation, Hales confessed to choking and beating Bosse before setting her body on fire in an abandoned dumpsite near Martensville.
evidence in murder trial
Defence lawyer Bob Hrycan argued Hales did not have a sound mind when he gave the confession, saying that the trauma of having the sting revealed to him rendered him incapable of making a voluntary confession.
Psychologist denied second chance to testify
Miazga argued that the details of the sting operation leading up to Hales' arrest weren't relevant to the hearing on the police confession. Rather, he said the only thing necessary was for the Crown to prove that the arresting and interrogating officers behaved within the rules.
After the ruling on Hales' police confession, the trial moved to another voir dire on whether Dr. Marc Patry would be allowed to testify for the defence.
Thursday morning started with Justice Gerald Albright ruling that a videotaped confession made by Hales to police after his 2008 arrest would be admitted as evidence.
Albright's reasons were similar to the ones given for rejecting Patry earlier. He said he had concerns about the reliability of the science around false statements made during Mr. Big stings. In the absence of any empirical way of measuring the falsehood of a statement, Albright said he didn't think Patry had much new information to add saying that any judge already knows there's a possibility statements might not Converse Hi Tops Leather
Finally, the confession has to meet a test under the 'operating mind doctrine.' Essentially, the person giving the confession has to know what's going on. They also have to be aware they are speaking to police and that what they say can be used as evidence against them.
Hales' defence had argued the confession shouldn't be allowed, saying it was the result of improper tactics used by police during a three month long sting operation in which officers impersonated a gang trying to recruit Hales.
Albright brought up several parts from transcripts both of Hales' interactions with undercover police and from the confession tape. He said it was clear Hales was deeply emotional at points during the interrogation, but he pointed out that a police interview room is an uncomfortable place for anyone being interrogated on a murder charge. With that in mind, Albright said he didn't think Hales was subjected to any undue discomfort nor did he think officers mistreated him.
The trial has been set over a few weeks to allow the judge and lawyers time to deal with other cases. Proceedings are set to resume on June 23.
It was a day of setbacks for the defence at the Douglas Hales murder trial.
Patry, a social psychologist out of Saint Mary's University, was previously barred from testifying in the hearing on whether the confession would be let in.
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