Jury note about safety concern halts Moncton murder trial testimony
Testimony in a Moncton murder trial came to a halt Wednesday, after jurors sent a note expressing alarm about a witness loading a live round into a firearm.
An RCMP officer was testifying about a shotgun and a round of ammunition wrapped in electrical tape seized from the home of Joedin Leger after his death in 2022.
Crown prosecutor Martine Cormier asked the officer to see if the ammunition — a 30-30 Winchester rifle cartridge — would fit in the break-action shotgun.
Cpl. Maurice Richard inserted it, didn't close the shotgun, and had its barrel pointed toward a wall directly behind him.
"It appears as if it does, yes," Richard said.
His testimony was expected to continue after lunchtime, but before it did the jury sent a note to the judge.
'All jurors were concerned'
The note said the "courtroom experienced an important safety and security issue," that the weapon was not checked.
"All jurors were concerned for their safety along with everyone in the courtroom," the note said.
Justice Robert Dysart read the note back to jurors before asking the juror who wrote it to send another note identifying themself.
Testimony halted as the judge and lawyers discussed the issue. What happened during that time cannot be reported.
Jurors polled
Later in the afternoon, jurors were asked to each answer whether the incident affected their ability to continue and to reach a fair verdict. All answered that they could continue. Dysart thanked them for raising a concern, noting Richard was trained to handle firearms and had 20 years of experience with the RCMP.
"We will continue to work to ensure safety in the courtroom," Dysart said, adding they were ready to continue the proceedings.
The issue arose on the eleventh day of testimony in the trial of Riley Phillips, who is charged with second-degree murder. It's alleged the 20-year-old killed Leger, 18, on April 25, 2022.
The Crown alleges Leger was shot at the Logan Lane duplex, where he lived with Boudreau, during a home invasion and robbery involving Phillips and five others.
Joedin Leger was 18 when he died on April 25, 2022. (Albert County Funeral Home)
Earlier on Wednesday, the jury watched videos showing the victim getting high, waving around several guns and firing one from the driver's seat of a car.
Leger's girlfriend, Chantal Boudreau, returned to the witness box Wednesday, morning where her cross-examination focused on her and Leger's character.
Brian Munro, Phillips's defence lawyer, played a series of videos that police extracted from Boudreau's cellphone after Leger's death. Boudreau said Leger had been using her phone.
One video shows Leger taking a hit from a bong in her MacBeth Avenue apartment and waving around a sawed off shotgun while a rap song with the lyrics, "He can get shot for real" played.
Chantal Boudreau completed her testimony Wednesday morning. (Andrew Robson)
Boudreau testified Monday that she was uncomfortable with firearms and that Leger was "very respectful" with them around her.
One video played in court on Wednesday was recorded while it was dark outside. Boudreau said it shows Leger, who didn't have his driver's licence, driving her vehicle while pointing a weapon outside the vehicle while she was present.
"Shoot one," a male voice says.
"No, leave me alone," Boudreau can be heard saying. "Joedin, no. Joedin, that better not be loaded."
"It's f--king loaded," Leger says, followed by the sound of a gunshot.
Munro also asked Boudreau to examine a series of messages from apps on her cellphone.
One exchange appeared to be to arrange the sale of something for $20 in a park in Moncton's north end. Boudreau agreed with that characterization, but said she wasn't familiar with the app where the exchange happened and that it wasn't her message.
"I didn't have this conversation," Boudreau said.
Munro asked her again if she was selling drugs.
"I don't sell drugs," Boudreau said, adding that she was honest with police after they found marijuana in their duplex following Leger's death. "Why would I tell them exactly what was in my home if I was selling drugs?"
Boudreau, now 42, testified earlier in the week that she met Leger in early March 2022, less than two months before his death, that he began living with her and they became a couple.
She said they were introduced through a mutual friend, after a break-in at her apartment left her wanting someone else to be with her to feel safe.
She later said that she had two break-ins at her apartment, one after she met Leger that resulted in the theft of marijuana, bongs and a safe with about $2,000 in cash.
The trial is expected to continue on Thursday with testimony from other witnesses.
