Man convicted in crowbar road-rage attack files mistrial application, citing new medical opinion
A man convicted of breaking a woman's arms with a crowbar has filed a mistrial application, alleging new medical evidence shows the victim's injuries were caused by falling, not being struck.
Jared Eliasson is awaiting sentencing after being convicted earlier this year of a 2017 attack described in court as an early morning road-rage incident.
But in an application filed with the Court of Queen's Bench on Wednesday, Eliasson argues the judge in the case should order a mistrial, or vacate the convictions and reopen the trial to hear new evidence.
"The newly disclosed X-rays and the opinion letter from Dr. McLeod call into question the once uncontroversial suggestion that the injuries were caused by being struck by a metal bar," the defence alleges in the application.
According to documents filed in court, Eliasson's lawyer, Zack Elias, received a telephone call from an anonymous person from the Royal Alexandra Hospital on April 15, three days after Eliasson was acquitted of attempted murder, but convicted of aggravated assault, possession of a dangerous weapon and mischief.
Elias was told the caller was familiar with Chelsey Schendzielorz's X-rays and medical records, and stated that her injuries could not have happened in the way described in media reports.
Eliasson's July sentencing hearing was put off while his lawyer sought access to the X-rays and an opinion from the orthopedic surgeon who had operated on and treated Schendzielorz.
The surgeon, Dr. Richard McLeod, provided an opinion that, according to Eliasson's application, undermines Schendzielorz's account of what happened.
Schendzielorz has said her attacker hit her twice with a crowbar, breaking her arms. But the surgeon wrote in his letter that he believed both arms were injured in a fall.
According to the application, it was McLeod's opinion that the injuries to the left arm were "most definitely" due to falling on an outstretched hand, and the injuries to the right arm were "most likely" due to falling on an outstretched hand.
When Court of Queen's Bench Justice Adam Germain delivered his verdict in April, he noted inconsistencies in various accounts given by the victim, calling her a credible witness who gave unreliable testimony.
"I'm not being critical of Ms. Schendzielorz," Germain said. "Eyewitness identification — particularly when under stress — is often unreliable. It's a weakness we all have."
The judge called the circumstantial evidence against Eliasson "very strong," and found that any suggestion the accused was not the person who assaulted Schendzielorz "ludicrous."
Eliasson admitted he was in the car that Schendzielorz honked at shortly before she was attacked in her driveway.
The mistrial application is expected to be heard in Edmonton's Court of Queen's Bench beginning Friday morning.
