Murder suspect has another change of heart
Lawyer says client will plead guilty to lesser charge, opts for judge alone
Homicide suspect Jonathan Edward Martin, who faces a first-degree murder charge in the killing of his former girlfriend, will plead guilty to a reduced charge, his lawyer said Thursday.
Defence counsel Balfour Der re-elected trial by judge alone on behalf of Martin, and told Justice Scott Brooker his client will be entering a plea on Monday.
Der was scheduled to pick a jury for Martin’s trial, which had been set to commence next week.
Brooker told a panel of about 300 prospective jurors they would not be required for the Martin case.
Two other juries were also being selected from the group.
“One of the parties who had elected trial by jury has re-elected,” the Court of Queen’s Bench judge said.
Der then confirmed his client’s decision to appear before a judge sitting alone.
“We wish to adjourn the matter to Monday morning for a guilty plea to a lesser charge,” Der said.
Crown prosecutors Hyatt Mograbee and James Thomas did not oppose his application.
Outside court, Der declined to say what charge Martin will be pleading to.
He is currently charged with firstdegree murder in the Aug. 25, 2015, killing of his then-girlfriend, Chelsea Serpentini-Harty, 24.
In May 2017, Martin backed out of a plea deal arranged by former defence counsel Cory Wilson, raising the ire of the dead woman’s parents.
Toni Harty hurled profane comments at Martin in the prisoner’s box after Wilson adjourned what was supposed to be a guilty plea and indicated his client wanted to go to trial as charged.
“Piece of s---,” Harty yelled at Martin, as he was led back to cells at the Calgary Courts Centre. “Bastard,” she added. Outside court at the time, both Toni and Terry Harty expressed frustration over the unexpected development.
“We were led to believe that it would be over and done with today,” Terry Harty said. “Now we’re back to Square 1 again. It’s very emotional.”
He said Martin’s change of heart weighed heavily on them.
“It’s like being slapped in the face,” he said. “It’s something that shouldn’t be allowed.”
On Thursday, Terry Harty was more upbeat.
“Oh, good,” he said, when told by Postmedia about the latest development in his daughter’s accused killer’s case.
But he said his wife, who was at work and unavailable for comment, will have mixed emotions about the plea deal.
“This will drive her nuts,” he said.
Typically in cases where a suspect is charged with first-degree murder and arranges a plea deal, the accused will admit either a charge of second-degree murder or manslaughter.
Second-degree murder carries a mandatory life sentence and parole ineligibility can be set at anywhere from 10 to 25 years.
Manslaughter does not have a minimum sentence.
Martin remains in custody.