Text messages on officers' phones suggest they used police resources for outside work
Text messages extracted from the cellphones of two police officers accused of corruption-related offences suggest they were using a Calgary Police Service database to run names and find addresses related to work they were doing for a private investigator.
Paul McKenzie, a digital forensic examiner with the Calgary Police Service, was tasked with analyzing the cellphones of Tony Braile, Const. Bryan Morton and Const. Brad McNish as part of an investigation that led to the trio facing charges. McKenzie testified at their trial on Friday.
The three men worked for a private investigation company run by retired CPS officer Steve Walton and his wife. The firm was hired by a millionaire who was trying to discredit his ex-girlfriend, Akele Taylor, in order to gain full custody of their daughter.
Braile, Morton and McNish face charges of bribery and unauthorized use of a computer system. Braile and Morton also face charges of criminal harassment, while Morton and McNish each face a charge of breach of trust.
The charges of unauthorized use of a computer system relate to accusations the officers used CPS databases in their work for the PI company.
McKenzie did not examine all text messages from the phones but used search terms like "CPIC" (one of the databases) and "Kiki" (the name of the alleged victim).
On Dec. 4, 2014, a message from Steve Walton's cellphone to Morton's phone asked for a name to be run on CIPC with the "same arrangement as usual."
Morton replied, "sure."
Another message extracted from Morton's phone reads: "Steve just gave me like a 8 person list of people he wants run on cpic."
From Braile's phone, McKenzie read aloud a text that said "Hi Steve, I was able to get Morton to pull T1's address."
Court has heard that T1, or Target 1, was Akele Taylor.
Taylor's former common law spouse funded a two-year private investigation that involved having her followed almost constantly. It was an effort to gather evidence that she was an unfit mother in order to help Carter gain full custody of the daughter they shared.
A GPS unit was placed on Taylor's car, and several of her friends and acquaintances were offered thousands of dollars in exchange for dirt on her.
Taylor became depressed and paranoid. On Sept. 4, 2012, she called police to report she was being harassed by employees of a PI firm that her ex had hired.
Initially, a friend of Braile's took the call. But Det. Darren Smith testified he felt there was a conflict given he knew Taylor was being followed by Braile.
Taylor's complaint was handed over to Const. Daryn Swanson, who was called to testify earlier on Friday.
Swanson said that after he met with Taylor at her apartment, he ran into Steve Walton outside. He told the officer he was a private investigator and that Taylor was a prostitute and a drug user.
"[Walton] said he was hired to determine or provide evidence that was actually going on," said Swanson.
Swanson confirmed that his investigation ultimately found that "although what Akele Taylor is legitimate and real for her, there is no criminal behaviour occurring."
But when prosecutor Leah Boyd re-examined the officer, he confirmed that he had sought no production orders, warrants, did not search Taylor's vehicle and conducted only one witness interview.
With only one witness left to call on Monday, the Crown's case is winding down. Justice Bryan Mahoney has already heard three weeks of evidence.
Defence lawyers Pat Fagan, Paul Brunnen and Jim Lutz, who represent Braile, McNish and Morton, have not yet indicated if they plan to call their clients to testify in their own defence.
