Defence in B.C. polygamy trial argues evidence unreliable in closing arguments

Evidence unreliable in polygamy case: defence

CRANBROOK, B.C. — The defence in a trial of two Mormon fundamentalists charged with polygamy has questioned the reliability of religious records and evidence supporting the indictment during closing arguments in B.C. Supreme Court.

Winston Blackmore and James Oler, who are associated with the Fundamentalist Church of Jesus Christ of Latter-Day Saints community of Bountiful, B.C., were charged three years ago.

Crown attorney Peter Wilson relied heavily on marriage and personal records seized by law enforcement from the Yearning for Zion Ranch, an FLDS church compound in Texas in 2008, during the 12-day trial.

On Thursday, Blackmore’s lawyer Blair Suffredine attacked the credibility of the records while also charging that the Crown hadn’t proved the elements in the indictment.

Suffredine argued that prosecutors needed to prove both a continual form of practising polygamy as well as a form of conjugal union, but marriage records only offer a snapshot of one moment in time.

“There’s no evidence of who they lived with or how they lived,” said Suffredine.

The records are handwritten or typed, documenting “celestial” marriages over a period from 1990 to 2014 and some have a fax header from 2002, meaning they’re not original, said Suffredine.

When they were found inside a secure vault in the FLDS Eldorado compound, they were unorganized and gathered from separate boxes and locations, Suffredine said.

“How can you conclude beyond a reasonable doubt that that is reliable?” he asked.

He suggested the Crown failed to prove that going through a marriage ceremony proves a conjugal union, noting that there was no evidence on how Blackmore lived with his wives, what home life was like, what economic supports were or the attitudes toward childcare.

“There might be lots of evidence out there, you just don’t have any of it,” Suffredine said.

Oler is self-represented, but has the services of Joe Doyle, an amicus curiae, who serves as a friend of the court to ensure a fair trial, although he cannot offer any legal advice.

Doyle made similar submissions as Suffredine, arguing the unreliability of the records and charging that the Crown didn’t prove Oler continuously practised a form of polygamy between 1993 to 2009.

The importance of record-keeping to mainstream Mormonism was explained by two experts in church history and doctrine, who testified that the faith believes what is sealed on Earth is sealed in Heaven.

Doyle pointed to Oler’s own record seized in the Texas raid, noting there were important events missing, such as his elevation to presiding elder in June 2004.

Evidence brought forward throughout the trial included records, testimony from Jane Blackmore, who is the first legal wife of Winston Blackmore, as well as RCMP officers who have been involved in various investigations into Bountiful dating back to 2005.

Suffredine opted not to bring a defence case or witnesses forward.

The Crown will present a rebuttal on Friday.

(Cranbrook Townsman)

 

Trevor Crawley, Cranbrook Townsman, The Canadian Press

Just Posted

Subsea internet cable to link up Haida Gwaii

Cable to connect Haida Gwaii, Prince Rupert, Vancouver Island, Sunshine Coast with mainland network

Tlellagraph: Sweet tips for beating the big SAD monster

By Janet Rigg Well, how are we all doing? 2018 appears to… Continue reading

Northwest economy remains uncertain

The Northern Development Initiative Trust releases its State of the North economic report

Nearly $500,000 available for internships with First Nations government

Funds announced through partnership with Northern Development and Government of Canada

Photos: Ts’aahl wins super-close Clan Tournament

Three games finished in overtime. In the semi-final, the defending Clan Tournament… Continue reading

B.C. cougar kitten rescued after mother struck by vehicle

Conservation Officers find home for young kitten found dehydrated and frostbitten near Williams Lake

WestJet appeals lost bid to scrap harassment lawsuit

Airline argues judge was wrong to have dismissed the company’s application to strike the legal action

Can U.S. border guards search your phone? Yes, and here’s how

Secretary of homeland security explains a new policy that let’s border guards check phones

‘Beautiful writer’ Nancy Richler dies of cancer in Vancouver hospital

Montreal-born author spent most of her adult life in B.C. as a fiction writer and novelist

B.C. commuters vote to rename bus service to ‘Jeff’

The company asked and the people of Facebook answered

Students frustrated by UBCO response to harassment allegations

Students on the Kelowna campus were unaware of resources and worried about lack of communication

Opinion: Dare to be smarter

Just say no works for more than just substance abuse

‘Sing Me a Song’ about B.C. for a chance at $1,000 contest prize

Entries due by March 30 for lieutenant-governor’s British Columbia-themed competition

Facing reality of death, B.C. man learns real meaning of life

Even while preparing for the end, something inside Keven Drews won’t let him stop living

Most Read