Uncover - S7 "Dead Wrong" E3: The Trial

Episode Date: June 22, 2020

The trial of Glen Assoun for the second degree murder of Brenda Way starts on June 1, 1999. But within days, the trial takes an expected turn, and events begin to unfold that place Glen in an impossib...le situation. For transcripts of this series, please visit: https://www.cbc.ca/radio/uncover/uncover-season-7-dead-wrong-transcripts-listen-1.5612940

Transcript
Discussion (0)
Starting point is 00:00:00 Hi, everybody. I'm Jamie Poisson, and I host FrontBurner. How many podcasts have you heard where people are searching out facts on the fly? Or where they just talk in circles, and two hours later, you're not really sure what you just learned? Well, FrontBurner is not that. Five days a week, you get one story a day. It's deeply researched, about 20 minutes long, and hopefully we answer all the questions that you want asked. We do lots of Canadian news, but a wide range of topics too. Find and follow FrontBurner wherever you get your podcasts.
Starting point is 00:00:34 This is a CBC Podcast. The following episode contains difficult subject matter, including the description of a sexual assault. Listener discretion is advised. I was working on Wimow Road. I was working the streets as a prostitute. And this guy picked me up on Wimow. And this guy picked me up on windmill. He was driving a blue pickup truck with a white cab and two stripes down the back. He pulled over.
Starting point is 00:01:14 I get in. I said, hi, how are you? He said, fine. I asked him if he was a police officer. He said no. And he touched my breast. And he asked me if I'd give him a pledge of $30. I said yes. He started driving up the highway,
Starting point is 00:01:35 and he pulled over just off the highway, and I said, I don't want to be up the highway. He told me to give him his money back. I told him, no, take me back. He punched me in the left side of the head, of the face, and told me to give him his money back. So then I gave him his money back, and we drove out.
Starting point is 00:01:57 He told me to take off all my clothes. We drove out to Burnside. The woman you're hearing, I'm calling Roberta. We're not using her real name because she is the victim of sexual assault. Burnside, where Roberta says she was taken, is a large business park, mostly warehouses and offices.
Starting point is 00:02:22 It's not far from the stroll in Dartmouth. On weekends and at night, it is pretty much vacant. Roberta said the attack happened sometime during the winter of 1996-97. So we went up to Burnside, and we went into this building. There was a shed in there. went into this building. There was a shed in there. And we went in there. He laid his keys on the table. We didn't have no clothes on at the time. And we went in the shed. He took a razor blade out and slit my nipple and my leg. He kept hitting me and told me to shut up or I'll kill you. And the name Pitbull, he said Pitbull. And I looked at him, I don't know what made me say it, and
Starting point is 00:03:13 I asked him if he killed Pitbull. He said yes and I'd be next. Roberta described her attacker as scruffy looking with a beard and mustache She was able to clearly describe specific details He wore jeans and had a stud earring and even though it was winter he was wearing velcro summer sandals with thick wool socks Roberta said he kept her at the warehouse
Starting point is 00:03:45 with her hands tied behind her back, and for two hours, he beat her and raped her. After he was finished, she said he drove her back to her home on Windmill Road. I went inside. I put flour on my cuts and I stayed in for the rest of the night. Ten minutes later, I came back with my jacket and had a note in it. I'll kill you too, you bitch. Roberta put flour on her cuts to stop the bleeding. She did not report the incident to police because she had an outstanding warrant for her arrest. Soon after, Roberta moved to Ontario to get away from the streets and to try to get off drugs.
Starting point is 00:04:43 to get away from the streets, and to try to get off drugs. About a year later, Roberta is watching the national news on TV. In November of 1995, Brenda Way's body was found near a North End Dartmouth apartment building. The 28-year-old, who had worked as a prostitute, had been brutally stabbed. Her family was devastated, the community shocked. Now, nearly three years later, police are about to lay charges against this man, 42 year old Glenn Assoon, currently in BC. Watching TV, Roberta sees a picture of Glenn. She doesn't know Glenn and she doesn't know Brenda personally. But she did know of Brenda and knew that her nickname was Pitbull.
Starting point is 00:05:34 She sees Glenn, a scruffy man with a beard and mustache, a man accused of killing Pitbull. Roberta is certain she has seen the man who attacked and tortured her. She contacts Halifax police. I'm Tim Busque, and this is Uncover Dead Wrong. Episode 3, The Trial.
Starting point is 00:06:21 Glenn Assoon was arrested in B.C., brought back to Nova Scotia, and now sits in jail, charged with the second-degree murder of Brenda Way. The case against Glenn started to build one year after the murder, at the same time Constable Dave McDonald of the Halifax Police took on the investigation. Police found no physical evidence to link anyone to the murder, but a year in, Brenda's sister Jane found a knife and witnesses began to appear. Brenda's sister Jane found a knife and witnesses began to appear. As the Nova Scotia Crown prepares for trial, it is the witnesses that will form the most critical part of the case against Glenn. Before she was murdered, the Crown's main witness, Robin Hartrick,
Starting point is 00:07:03 testified at a preliminary hearing. She said she had seen Glenn near the murder scene at 4.15 in the morning. Glenn's lawyer, Don Murray, cross-examined her. Can you tell us today how much crack cocaine you had consumed in the 24 hours prior to when you say you met Glenn a student on the street? In April. In April of when? Yeah. But that's no effect on my memory.
Starting point is 00:07:36 When had you last had some before you spoke to Glenn? 15 minutes. Mm-hmm. And was that amended? Yeah. 15 minutes. Mm-hmm. And was that amended?
Starting point is 00:07:44 Yeah. Robin Hartrick is a problematic witness for the Crown. She was high the night of the murder, and other parts of her testimony are full of inconsistencies. And what I find strangest about Robin's story is that Glenn is walking up the sidewalk toward the murder site. There's no blood anywhere on his clothes or hands. And after Glenn tells Robin she's finally gone, Robin turns to Glenn and asks him what time it is. Now, one thing I gather is when Mr. Assoon gives you this information, you don't say,
Starting point is 00:08:27 wow, how do you know that? You never ask him that, do you? No. Never say to him, take me, show me, maybe we can get her some help. No. Because you were close enough friends with Brenda that if she was in trouble, you'd want to get help for her, right? Don Murray would not get to cross-examine
Starting point is 00:08:50 Robin Hartrick again. She was murdered before the trial started. So the main task for the Crown prosecutors is to get Robin's testimony from her earlier videotaped statement allowed at trial. Glenn wants lawyer Don Murray to be more aggressive and fight tooth and nail to disallow the statement. Glenn knows Robin was lying.
Starting point is 00:09:18 A split between Glenn and Murray begins to fester. Justice Suzanne Hood hears the arguments and then allows Robin's statements into evidence. The trial begins June 2, 1999. Mr. Simmons, please stand. Glenn Eugene assumes that you stand charged that you act when you're darkened in the county of In Nova Scotia, reporters can sit in on court trials and record the proceedings for our own notes, but we're not allowed to broadcast those recordings. We can, however, ask for permission to access and broadcast the court's official audio.
Starting point is 00:10:17 So that's what I did. In Glenn's case, that meant the original trial judge, Justice Suzanne Hood, who is now retired, had to give her okay. I wasn't hopeful. After all, Justice Hood had presided over a wrongful conviction. But she gave her permission for us to use the court audio for this podcast. I appreciate that. There are hundreds of hours of recordings, and they're amazing.
Starting point is 00:10:48 I found myself listening to a court trial that happened 20 years ago. It sounded like a 1940s radio drama, except it was real, and it had devastating consequences for Glenn Assoon. Selected, ladies and gentlemen, as the jury, which will consider the case of Her Majesty the Queen versus Glenn Eugene Assoon.
Starting point is 00:11:11 That's Justice Suzanne Hood. This case has two Crown prosecutors, Ron Federley and Dan McRury. In his opening statement, Federley spells out the case against Glenn. The Crown will present evidence that suggests Brenda Leanne Way and Mr. Rassoon had been in a relationship for some period of time. The relationship itself had some conflict and had resulted in the parties going their separate ways. Ms. Way had been a prostitute for some period of time in the local area,
Starting point is 00:11:46 and she was known to be a drug user. After this point in time, although there was contact between the parties, the Crown will lead evidence that Ms. Way had moved in with a number of other people. On the evening of her death, the Crown will call a number of witnesses who will testify about the movements of the victims throughout the city while she conducted her business as a prostitute. The Crown will present evidence before you in the form of verbal testimony from a now deceased witness, who was also a prostitute, to say that at 4.15 in the morning she saw
Starting point is 00:12:20 the accused, Mr. Assume, whom she knew outside on the sidewalk across the location where the body was found and at that point in time Mr. Assune knew that Ms. Way was gone or which she took to mean deceased and this was several hours before the body was discovered. The Crown will also present evidence from a number of individuals who will testify that at various times Mr. Assoon acknowledged or admitted to them that he had killed Brenda Way. The first witness is Wayne Wise, Glenn's own nephew. Wise was a career criminal, and on February 4, 1997, Wise was being taken to jail by two police officers. He was facing fraud charges. On his way to jail, Wise told the police that a couple of weeks before,
Starting point is 00:13:12 he had called his uncle Glenn out west to see if there was any work. And during that conversation, Wise said that Glenn told him he had killed someone. Here's Wise being questioned by Crown Attorney Dan McRory. McRory starts by reading Wise's criminal record. I assume to get that out of the way. Now, Mr. Wise, you do have a criminal record. Yes, I do. You were convicted in 1983 of possession of stolen property.
Starting point is 00:13:44 Yes. You were convicted in 1983 of possession of stolen property. Yes. You were convicted of assault on August 15, 1988. Yes. The list is lengthy, five pages long. By my count, there are 26 convictions, ranging from theft over $200 all the way up to fraud and assault. And how did you come to testify at this trial? The candlelight warrant was issued and I was arrested to appear. And tell me what happened.
Starting point is 00:14:17 Well, I was planning to move out west and there was no work here. So I had obtained Glenn's phone number and called. Okay, can you tell me about the conversation? Well, I asked if there was any work out there and asked him, first of all, what he was doing there. And he said he was hiding. Okay. And then what was said?
Starting point is 00:14:41 Well, I asked why, and he said he's a suspect in a murder investigation, and the subject changed to, is there any work out there? And what else was said? I asked him if he did it, and he said yes. Glenn's lawyer, Don Murray, takes over on cross-examination. He begins with questioning Wise on two fake identities Wise had used in the past in order to mislead police. Murray also points out several drunk driving convictions, and Wise agrees that he is an alcoholic,
Starting point is 00:15:22 and that he was using crack cocaine on the day he claims to have called his uncle. Murray questions Wise about how he came to Halifax from Alberta to testify for the Crown. Okay. Now, prior to your arrest in Alberta, did you have occasion during the month of May 1999 to call my friends, the Crown Prosecutors? I spoke with them, yes.
Starting point is 00:15:51 And did you make demands to them about flying your family out here as well as yourself if you were to testify? I inquired about it, yes, I did. No, did you demand it? I inquired about it. So you asked whether they might be kind enough to do that? That's right.
Starting point is 00:16:08 And did the Crown agree to do that for you? Yes, they said they would. And then did you threaten to forget your evidence if the Crown didn't meet other demands? My demands were simple. I wanted to come out the third week of June. And yes, I did threaten that. The demands were simple. I wanted to promote the third week of June.
Starting point is 00:16:25 And yes, I did threaten that. Don Murray asks why it's about when he first told his story to police. Now, perhaps you could tell the jury when it's the first time you mentioned anything to anybody about having had this telephone conversation with Uncle Glenn soon in January of 1997. I first mentioned it when I was getting a ride to the Halifax Correctional Center from the police. The police thought we were investigating my fraud charges, and I got convicted on them. They were the first ones who knew. Did it cross your mind that it might be handy to tell these guys about it because it might help in your current situation?
Starting point is 00:17:08 I don't think so. You don't think so? No, I don't. Just thought you'd be public spirited, right? That's right. About a week or two after Wise told police his story, he was visited in jail by lead investigator Dave McDonald. About a week after that, Wise is taken from jail to the Dartmouth Police
Starting point is 00:17:31 Station to give his statement. He is there with Dave McDonald, McDonald's partner, Constable Mike Spurr, and one other person, Wise's girlfriend, Carla. Oh, and when did you see her at the Dartmouth police station? February 25th. Oh, the same day you gave your statement to David McDonnell? Correct. And when you met with her at the Dartmouth police station, was it behind glass, or did you go into a room together? We were in a room.
Starting point is 00:18:13 Murray goes on to establish that before giving his statement to Dave McDonald, Wise didn't have any contact visits with Carla. A contact visit is where you can be in the same room together and, well, touch. But Wise and Carla had a contact visit that day and would have more in the future. To my ear, based on Murray's cross-examination, Wise doesn't come across as a very reliable witness.
Starting point is 00:18:44 And Murray seems to be doing a good job but Glenn sees it differently he was already angry that Robin Hartrick's recorded testimony was allowed and he knows Wise is lying Glenn doesn't think Murray is doing all he can on June 4th just two days into the trial, Glenn stands to address Justice Hood. He states that he is fighting for his life and his only chance of being found innocent
Starting point is 00:19:14 is to fire his lawyer and represent himself. Justice Hood calls to adjourn so Glenn can think about his decision. Over the weekend, Glenn quickly comes to his senses and realizes he needs a lawyer. On Monday, he tells the court a man who represents himself has a fool for a client. Glenn asks for more time, and Justice Hood gives him until Wednesday. It's hard for Glenn financially and to make calls from jail, but he does manage to find one lawyer in time for the deadline. On Wednesday, that lawyer asks for more time so he can prepare because he also has other cases. Both the Crown and the judge make concessions to accommodate him. But Glenn, who is sitting in court, is not satisfied. He feels rushed. He tells the lawyer it's not enough time. Glenn, once again, says he will represent himself. Hood gives Glenn two and a half months to prepare or to find a new lawyer. The trial starts again on August 23rd, 1999.
Starting point is 00:20:35 The very first day Glenn runs into trouble. He finds he's in way over his head. I was here all day defending myself. I'm having a hard time doing that because I don't know how to get my point across without the Crown objecting. Perhaps I'm asking questions in a wrong manner. I didn't anticipate the way the court works. And that may be hard to understand, but what I'm asking is, I would like to have a lawyer here, a good lawyer, so I can prove my innocence.
Starting point is 00:21:15 I gather what you're saying is you're requesting the opportunity, you want to adjourn. Is that what you're saying, to get a lawyer? to adjourn. Is that what you're saying, to get a lawyer? It's not something I want to do, but I feel it's appropriate for me to adjourn, to have a proper lawyer so he knows how to ask the proper questions, how to deal with these witnesses. Mr. Soon, I made it clear back in June that you were being given the opportunity to seek counsel, and that's why we did adjourn for as long as we did.
Starting point is 00:21:47 And I also made it clear that you would have to tell whatever lawyer you hired to be prepared to come in here because this trial was going to continue today. And if that lawyer sought an adjournment, that there had better be a good reason for it. I also said that this was an opportunity for you to prepare yourself, and if you came in seeking an adjournment, that there had better be a very good reason for it. You've had an opportunity to seek counsel, and for whatever reason, you don't have counsel. I'm sure you're finding it not an easy task, but there are lawyers who come before the courts
Starting point is 00:22:31 who are doing their first trial. Everybody has to start somewhere. Yes, Justice Hood just compared Glenn to a professional lawyer taking on their first trial. But Glenn was a man with a grade 6 education. I see no reason now to grant a further adjournment. In effect, a further adjournment at this stage would have to be a mistrial. And I'm not prepared to do that at this time.
Starting point is 00:23:05 Glenn's fate is now sealed. Glenn Assoon will be defending himself against the charge of second-degree murder. In 2017, it felt like drugs were everywhere in the news. So I started a podcast called On Drugs. We covered a lot of ground over two seasons, but there are still so many more stories to tell. I'm Jeff Turner, and I'm back with Season 3 of On Drugs.
Starting point is 00:23:47 And this time, it's going to get personal. I don't know who Sober Jeff is. I don't even know if I like that guy. On Drugs is available now wherever you get your podcasts. The trial resumes. Here's Glenn Assoon cross-examining Crown Witness Tina Cameron. Ms. Cameron, do you know a person by the name of Wayne Weiss? Is that it?
Starting point is 00:24:20 How is it that you know Wayne Weiss? I know his girlfriend, Carla. His girlfriend, Carla? Yes. Do you also know Jane Downey? Yes. That these three witnesses know each other raises questions. Glenn, for one, thought they had conspired against him. Another thing is Tina Cameron's testimony. him. Another thing is Tina Cameron's testimony. She said she just happened to be going to the Dartmouth police station with her friend Carla in 1997. And when she got there, Wayne Wise, Carla's boyfriend, was with Constable Dave McDonald, giving a statement. And Tina Cameron
Starting point is 00:25:01 decided right then and there, she too had a witness statement for McDonald. Tina said that a year and a half earlier, she overheard Glenn saying he got Brenda from ear to ear with a knife and the tip broke off. Remember, it was a psychic who told Jane Downey that Brenda was killed with a knife with its tip broken off. Glenn grills Tina as to why she would keep this to herself for 16 months. Well, after hearing a conversation like that, I mean, if it was me, my first thing that I would do would be to go home and call 911. Because I'm just putting myself in your shoes for a minute. I have small children and there's a crazy man running around. You know, a man that just allegedly admitted to a crime. But you do nothing with that. You do nothing with that in 1995.
Starting point is 00:26:06 You do nothing with it in 1996. Yeah, but I didn't want to get involved. But Glenn soon stumbles in his cross-examination. It derails with a series of corrections from the judge and objections from the prosecutors. Okay, well, Your Honor, I guess I can leave that question alone for now. a series of corrections from the judge and objections from the prosecutors. No, I'm not satisfied with anything the woman is saying. No, you can't. You can't. Did you give editorial comments?
Starting point is 00:26:49 Okay, I'm sorry. When I say you're satisfied with her answer, you're not going to pursue this line of questioning any further is what I mean. Not at this present time because it's just going in circles. I don't want Mr. Assoon to be intimidated by the Crown objecting. It's simply we're objecting to the phrasing of the question and the manner in which the witness responded. I mean, there is a way to ask the question to... These kinds of interruptions happen hundreds of times through the trial. I actually spoke to a juror who sat on this case,
Starting point is 00:27:23 and he told me that there were days when all the jury did was enter and exit the courtroom while the judge explained rules and procedures to Glenn. The next witness we're going to hear is Roberta, the sex worker who told of her terrible assault at the beginning of this episode. worker who told of her terrible assault at the beginning of this episode. She told police Glenn was the man who assaulted her and said he killed Pitbull. Glenn thought there was something suspicious about the attack on Roberta happening in the winter, in snow. You also stated that the individual had a pair of sandals on. Yes. Is that correct? Yes. a pair of sandals on. Yes. Is that correct?
Starting point is 00:28:06 Yes. What type of sandals was that? I didn't get a good look at them. I just recognized that he had sandals on. And sandals on in the wintertime? Yes. But Glenn soon found himself violating court rules again. You said the individual had short gray hair. Is that what you're saying? Flynn soon found himself violating court rules again. There's animals on in the wintertime Yes Well, what would you say if I told you in March 1997
Starting point is 00:28:50 I did not live in Nova Scotia? Action, milady You're giving evidence at this point I'm asking a question, Your Honor I'm asking her what would she say It's not an appropriate question I'm question, Your Honor. I'm asking her what would she say. It's not an appropriate question because she's already... I'm sorry, Your Honor, I'm not a trained lawyer. And I'm telling you, you can't ask that question.
Starting point is 00:29:14 In fact, police documents record that Glenn moved to British Columbia in July of 1996, eight months before Roberta was attacked in Dartmouth. The Crown suggested that Glenn got a discounted flight from BC to Halifax with the help of his brother-in-law who worked for Air Canada, came to Dartmouth, got a truck, attacked Roberta, and then flew back to BC. There was no evidence for this. No flight records, no witnesses, and Glenn somehow made this trip with no one knowing about it. But Glenn didn't know how to argue against this. Glenn, the
Starting point is 00:29:57 Crown, and the judge would wrangle over the Crown's objection for the next 15 minutes. You know, I think you have to realize that at some point, I mean, on TV, the witness always breaks down on the witness stand and says, yes, I lied. I mean, I've never seen that happen. What you're hoping to achieve is to get her to say, I made the whole thing up. And even if she did, the chances of her saying that in this courtroom are just about zipped because I've never seen it happen. You've got more chance to get hit with a Soviet satellite.
Starting point is 00:30:33 So leave with the jury the thought that the person wasn't a very reliable witness. That's the objective of cross-examination, not to get the witness to break down and say I'm lying. I mean, it just never. Maybe before I retire it will happen, but I haven't seen it yet. Well, I hope to get to the bottom of this, Your Honor, before you retire, with all due respect and to the truth. I hope this trial will end before I retire. In any event, we'll adjourn until 9.30 tomorrow morning.
Starting point is 00:31:11 Glenn proceeds with the desperation of a man fighting for his own freedom. He knows no rules of evidence. From his jail cell, he cannot properly prepare. He can't do basic research, access the phone, locate people, or gather the court forms to subpoena them. What is about to happen to Glenn is predictably disastrous. The next morning, Friday, the trial resumes, and Glenn's frustrations lead to the most shocking moment of the trial. Grand Pals Constable Williams. Back in June, I told the court that I'm wrong. Mr. Assume, you are not to address the jury. No, you are not.
Starting point is 00:31:58 He needs to be taken out of the court. There's too much. No, he is not. I have no lawyer for him. No. Give me money. Glenn is detained by two sheriffs. One grabs him, while the other holds his hand over Glenn's mouth as they drag him across the floor and out of the courtroom
Starting point is 00:32:17 in front of the very jury that would ultimately determine his guilt or innocence. We'll adjourn until Mr. Stone's back in the courtroom. Sorry, Mr. Jury. Glenn is put into a cell at the courthouse for about an hour and then is brought back up. As Glenn is being read the riot act by Justice Hood, he once again argues that he needs a lawyer. But this time, he also points at the police investigator sitting in the courtroom.
Starting point is 00:32:56 I can't get to the truth without a lawyer, Your Honor. You've said that there's corruption here, and I know it. I'm wrongful in prison. These people printed stuff in the paper yesterday. I had my life threatened last night several times. I had a sign of paper in the correctional center stating that they're not responsible for my life if I get beat up or killed in the correctional center. I had to be put in protective custody.
Starting point is 00:33:19 And that would be different if you had a lawyer? They had no right printing that. That was fabrication. I proved that girl was lying. Mr. Soon, you're talking about two different things. No, I'm talking about the same thing. I'm talking about corruption and this man here framing me. You're not. And he knows it. David McDonald. Discussing whether or not you need a lawyer or have a lawyer or how you're conducting your case. And I'm telling you that you are not to address this jury.
Starting point is 00:33:47 Glenn thought Dave McDonald's case was built on lies and collusion. The Crown calls more witnesses. David Carvery is a witness who comes forward after Glenn was arrested. Carvery was in jail at the same time as Glenn. Carvery claims Glenn told him that he murdered his ex-girlfriend. David Carvery is a friend of Jane Downey's boyfriend. Carvery didn't call police about this. He called Jane Downey, who then called Dave McDonald.
Starting point is 00:34:22 There had been three connected witnesses. Now there are four. Carvery was facing drug charges and more jail time, but he makes a deal with the Crown for his testimony. Instead of six years, he serves just five months. And here is Jane Downey with Glenn cross-examining her. Miss Downey? Yes? Did you talk to a psychic at a baby shower? Yes. Not at the shower, but I have talked to one, yes. Okay. In my own home. Oh, in your own home? Yes.
Starting point is 00:35:01 And the psychic told you that she thought your sister was killed with a knife with a broken tip. Is that correct? Yes. And how did you come to find this knife? I was walking all the way over to my father's, and like I said, I walked in the path. I stumbled on something. I checked, moved some moss and grass, and up, stick the handle. I picked it up with my father and called the city police and turned it into him.
Starting point is 00:35:25 Don't you find that a little coincidental? You talk to a psychic, she tells you this, and then all of a sudden you find a knife? No, not exactly. You don't find that coincidental? No. Were you aware that the day that they found your sister's body, the 12th of November, 1995, the RCMP had a tracking dog in there and searched the area and found nothing?
Starting point is 00:35:48 No. Were you aware that the police did several searches of the area on foot and found nothing? They do that in most investigations. But I'm asking you, were you aware of that? I have not seen it with my own eyes, if you want to know, no. In fact, there were several searches of the area by several policemen, also a tracking gun.
Starting point is 00:36:11 That's not in evidence. Pardon me? That's not in evidence. It's in police reports, Your Honor. Well, but that's not in evidence. You're putting something into evidence in questioning this witness that I don't recall being in evidence up until now. Well, I think it's very important, Your Honor. Well, then somebody should put it, then you might want to consider somehow getting it into evidence,
Starting point is 00:36:34 but you can't get it into evidence by asking this question. How can I get it into evidence, Your Honor? We can discuss that in the absence of the jury. Okay, thank you. That's when you finish with this witness. Why is it when I asked you earlier... But they never did discuss how to put that important information before the jury. Glenn could not get the tracking dogs into evidence.
Starting point is 00:37:01 And let's consider that knife. There was no blood on it, no fingerprints, no DNA, nothing to connect it to Glenn or the murder. But the knife was admitted as evidence at trial.
Starting point is 00:37:20 Glenn starts calling his witnesses on September 7th. Ann Moore says his alibi for the night of the murder. Ann says she was with Glenn all night. But on cross-examination, Crown Prosecutor Roger Federley questions her memory. He gets Ann to admit that she takes prescription medications, and those can affect memory. Another witness for Glenn is Linda Grandy. We met Linda in episode one.
Starting point is 00:37:53 She was the sex worker who knew Brenda Way. Linda, not even knowing why she is called as a witness, contradicts Robin Hartrick's testimony. as a witness, contradicts Robin Hartrick's testimony. Robin had said she was with Linda at Linda's place at 109 Alver Lake Road, just before Robin said she saw Glenn at 4.15 a.m. Linda Grandy testifies she didn't live at 109 and she doesn't even know Robin Hartrick. at 109 and she doesn't even know Robin Hartrick. But the Crown goes really hard on Linda and tries to discredit her because of her drug use. How long had you been involved in the selling of cocaine? A few years. 23 years. And Ms. Granady, as you indicated, you were, you're presently serving time for selling drugs, is that correct?
Starting point is 00:38:47 Yeah. And when you were at 109 Albert Lake Road, you sold drugs under that address, isn't that right? No, I did not. Objection, Your Honor. May I remind the Crown that Ms. Grandy is not on trial here? It's interesting that the Crown tried to discredit the testimonies of both Ann Morse and Linda Grandy because of drug use, but fully accepted the stories of Robin Hartrick and Wayne Wise, who were also drug users.
Starting point is 00:39:17 Closing arguments to the jury were given on September 14th. First, we hear from the Crown. Ladies and gentlemen of the jury, ask yourself, was it coincidence or misfortune that the same person, Mr. Assume, who had a motive for killing Brenda Way,
Starting point is 00:39:42 was the same person seen by Margaret Hartrick at 4.15 in the morning, who said she was gone, confessed to his nephew that he'd slit her throat, was also overheard by Mary Cameron, saying that he got her from ear to ear. Ladies and gentlemen of the jury, was it coincidence or misfortune that Mr. Assoon, the same person
Starting point is 00:40:09 with the motive, was seen at 4.15 in the morning by Margaret Hartrick, also confessed that he had killed Pitbull? Now let's hear from Glenn. Ladies and gentlemen of the jury, I'm not a lawyer. I don't know anything about summations to a jury.
Starting point is 00:40:33 I learned from my family in 1998, April 1998, there was a Canada-wide warrant out for me. I turned myself in to the RCMP in British Columbia. I turn myself in to get to the bottom of this, into the truth. Mr. Soon, I'm sorry. It is not normal to interrupt somebody's closing, but you're giving evidence. I don't mean to, Your Honor.
Starting point is 00:40:59 You are. Start with what the witnesses in the courtroom said, please. Sorry. I'd ask the jury to disregard Mr. Soon's just-made comments, please. The first issue is Robin Hartrick's statement. She gave a statement to police November 14, 1996, a year after Brenda was killed. After misleading the police for a long period of time in that interview, the police got fed up with her and were going
Starting point is 00:41:37 to escort her out of the station. Robin gets upset and says, well, I guess you don't want to hear about me meeting Glenn Asuna in front of 109 Alborlake Road the night Brenda Way was killed. Then she goes on with her story. She claims that she left Linda Grandy's at 4.15 a.m. and then ran into me. She was supposed to have a short conversation with me. Then she said she went to Lloyd State's at 8 Lawrence Street, apartment 111.
Starting point is 00:42:09 She says she arrived at Lloyd States at 7 a.m. in the morning. Mr. States was supposed to tell Robin that Brenda was dead at 7 o'clock in the morning, and he's seen it on the news. Brenda Way's body wasn't found at 7.30 a.m. It's impossible. There was no news release until much later that day. No name was given until the 13th of November, 1995.
Starting point is 00:42:43 until the 13th of November, 1995. Glenn went on to talk about the issues raised by Linda Grandy. Glenn then turned to the witnesses who knew each other and who testified against him. Wayne Wise is also a friend of Dina Cameron's. May I have a drink of water, please? Jane Downey, the sister of Brenda Way,
Starting point is 00:43:17 is talking to a psychic around September 1996. The psychic was supposed to tell Jane Downey all kinds of things about her sister Brenda Way and on how she was killed and things like that. Six months later, after Jane Downey finds a knife with a broken tip, Tina Cameron says
Starting point is 00:43:40 she allegedly heard a conversation about Brenda being cut from ear to ear and something about a broken tip knife. Cameron says she allegedly heard a conversation about Brenda being cut from ear to ear and something about a broken tip knife. Now, Jane Downey and Tina Cameron also know each other. But as he continues with his closing statement, Glenn once again gets tripped up by giving evidence. Glenn tries to tell the jury that jailhouse informant David Carvery
Starting point is 00:44:06 stole his paperwork while they were in jail together. Justice Hood stops him. Glenn tries to tell the jury he was in B.C. when Roberta was attacked by someone saying he killed Pitbull. Justice Hood stops him again. So Glenn gives up on trying to talk about the evidence against him. He wraps it up. Ladies and gentlemen of the jury, my life is in your hands right now. I ask you, please don't let a miscarriage of justice happen.
Starting point is 00:44:49 The Quran has not met a burden of proof. There's no forensic evidence and there's no physical evidence. It's just hearsay. He said, she said. Alleged confessions. I fought these two men here the best I could
Starting point is 00:45:10 the way through this trial. And the reason I did fight them is because I am innocent. I'm not claiming to be no angel. I'm not. I've made mistakes in my life. Plenty of them. But but God I'm not no murderer as I stated
Starting point is 00:45:32 my life is in each and every one of your hands I ask you please please make the right decision I'm you, please, please make the right decision. I'm asking you, please. Thank you very much for listening to me. The jury deliberated for three days. On Friday, September 17th, the jury returns to the courtroom. On account of the indictment of second degree murder, what is your verdict? Our verdict is guilty.
Starting point is 00:46:26 Oh my God! You have found the accused, Glenn Houdini, guilty as charged. And it has been so recorded. Are you all in agreement? Yes. The guilty verdict pronounced, Glenn sits quietly for the next 15 minutes as the judge and the Crown discuss all the details of sentencing, the scheduling, the pre-sentencing report, and so forth. Then, Justice Hood asked Glenn for input.
Starting point is 00:47:15 They're ready to go to deal with sentencing as early as next week. Another matter you may wish to consider, Mr. Soon, is whether you wish to try to retain counsel to deal with sentencing. What is your wish? To do it soon or to do it after you've had either or both of an opportunity to retain counsel and have a pre-sentencing report? Well, I do wish to say that it's official that I'm wrongfully in prison right now. The jury made a mistake. Mr. Soong, my question to you was, do you wish to have a pre-sentence report there before... I wish to speak to counsel.
Starting point is 00:48:03 Coming up on Dead Wrong. He knew the system was against him. He was one small man in a giant wheel, cot. So the system of criminal justice in Canada was a system of injustice in the case of Glen Assoon. He knew nothing about the system in Nova Scotia and propensity behavior of wrongful convictions that come out of that same goddamn courthouse.
Starting point is 00:48:32 I don't know if they'd even admit today that they made a mistake. Just because an asshole doesn't mean you convict him for murder. Dead Wrong is written and produced by Janice Evans, Nancy Hunter, and me, Tim Bousquet. Sound design by Evan Kelly. Shamham Buyan provided transcripts. Our digital producer is Emily Connell. Special thanks to Jennifer Stairs and Sean Baraboe for their help with the chord audio. Chris Oak is our story editor.
Starting point is 00:49:11 The senior producer of CBC Podcasts is Tanya Springer. And our executive producer is Arif Noorani. For discussion, posts, pictures from the case, and more, find us on Facebook and Twitter at UncoverCBC. We're also on Instagram at CBC Podcasts. For more CBC Podcasts, go to cbc.ca slash podcasts.

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