Accused dangerous driver asks judge to reverse guilty plea
More than a year ago, Todd Lambert admitted his dangerous driving caused the death of a mother of two.
But on Wednesday, Lambert spent a full day in court trying to convince a judge to let him withdraw his guilty plea and go to trial.
According to an agreed statement of facts filed earlier with the courts, Lambert admitted he smoked marijuana in May 2016, then got behind the wheel of his car.
He had a seizure while driving.
He was spotted by RCMP speeding along Highway 15 between Bruderheim and Fort Saskatchewan.
Lambert's car slammed into the back of the SUV Natalie Hawkins was driving. The 43-year-old mother of two was rushed to hospital, but died a short time later.
According to an accident reconstruction report, Lambert's car had reached 200 km/h just before impact.
Outside court Wednesday, Lambert said he has no memory of the incident.
"I didn't even know I got into my automobile," Lambert said. "So, there's no way that is intentional. I'm not the type of person to jump into my car and go write it off trying to kill somebody. This is absolutely ridiculous."
On the witness stand, Lambert, 51, told Court of Queen's Bench Justice John Neilson that he felt pressured by his lawyer to accept a plea deal. He said defence lawyer Wayne Gardner told him the outcome could be much worse if he decided to go to trial.
"He said if I didn't plead guilty, it would be much worse for me and the prosecutor would nail me for this," Lambert testified.
Lambert signed a document in November 2018, instructing his lawyer to accept the Crown's offer. A few weeks later, he appeared in court and pleaded guilty to dangerous driving causing death. He acknowledged he understood the Crown would be asking for a three-year prison term along with a five-year driving prohibition.
Almost two years later when Lambert was finally supposed to be sentenced, he fired his lawyer.
Lambert waived solicitor-client privilege to allow Gardner to testify.
The lawyer told the court he received clear instructions from Lambert to pursue a plea bargain with the Crown.
"You indicated you were going to take responsibility for your actions and enter a guilty plea," Gardner testified as his former client questioned him. "That's the way we left it November 5th when you issued written instructions and directions."
Gardner described the three-year sentence proposed by the Crown as "reasonable," and insisted Lambert never told him he wanted to strike his guilty plea.
After Lambert fired Gardner, he found a new lawyer and fired him last week just before a sentencing hearing was supposed to begin. That's when he notified the court he wanted to withdraw his guilty plea. He is no longer being represented by counsel.
Earlier head injury
Lambert suggested a medical condition has led to his legal predicament.
His medical history is detailed in a forensic assessment that has been made a court exhibit.
When he was a teenager, Lambert fell head first off a roof while he was working and suffered a head injury that has affected his memory.
Forensic psychiatrist Dr. Paul Young wrote that Lambert "was irritated by the ongoing convenience" of the court case, but was also "experiencing a lot of sadness and guilt towards the death of the victim. He remarked that he had no memory of the collision but believed that he had had seizures earlier that day and prior to the accident."
Lambert echoed those sentiments when he spoke to the media outside the Edmonton courthouse.
"The fact that I was even told that this happened, that I have killed somebody in an automobile accident and so forth, that was extremely hard for me to deal with," Lambert said.
"But I simply cannot walk into court and say sure I did this openly, freely, on purpose. There's no way. That's not the truth. Period."
Neilson will hand down his decision Friday morning on Lambert's request to withdraw his guilty plea.
If he allows the guilty plea to stand, Lambert's sentencing hearing will begin.
