[Reblogged from the Winnipeg Free Press ‘Crime Scene‘ blog.]
In any jury trial, the judge’s reading of the charge and her instructions to jurors are right up there with the most important of tasks and developments in the court process.
In a complex case, the crafting of an appropriate charge can take many days, many re-drafts and much collaboration and input from the lawyers from all sides.
In the Davis case, it was no different.
The beauty of the charge is not only does it lay out the law for jurors and the guide it provides them to try and reach a just verdict, it also offers a review of the most salient points of evidence from all sides of the case.
It’s this key document and these words from Justice Brenda Keyser that jurors took with them to their room to secretly deliberate the first-degree murder case against Corey Tymchyshyn and Kristopher Brincheski.
Both men have now signalled their intentions to appeal their convictions, and Brincheski, his sentence.
One of Tymchyshyn’s complaints to the appeals court is that he feels Keyser’s instructions in reference to the evidence went off the rails and contributed in some way to his wrongful conviction.
We’ll see how that claim pans out down the road.
This will be my last post on the Davis trial, barring any urgent matters that might crop up.
I had more planned, but given the appeals are forthcoming, It’s likely better use of time to focus on that instead of dredging up stuff from the past that obviously didn’t have much relevance at the trial proper.
I’ll revisit that decision should an unexpected issue involving some undlsclosed element crop up during the appeals process.
It probably goes without saying that through this blog, I’ve hopefully been able to at least try and give readers a comprehensive sense of the Crown’s case, the evidence presented and the amount of dogged work RCMP and Winnipeg police did to figure out what happened and prove it in court.
To me, what better way to cap the trial coverage than to give people the one thing they’d need to read to understand how it came together, the serious issues at stake and an official review of all that was disclosed publicly?