Court denies Barrett appeal
SYDNEY — The Nova Scotia Court of Appeal has upheld a murder conviction for a Glace Bay man in relation to the death of a 19-year-old woman.
Thomas Ted Barrett, 45, was convicted in 2016 of second-degree murder in relation to the strangulation death of 19-year-old Brett Elizabeth McKinnon of Glace Bay.
McKinnon was reported missing in 2006 and her skeletal remains were found in 2008.
Barrett was later sentenced to life in prison with no parole eligibility for 15 years.
In a decision released Thursday, a three-member panel of the court concluded that Supreme Court Justice Robin Gogan committed no error in allowing a statement into evidence from a witness who died prior to the trial.
“We are unable to conclude the judge's decision to convict was erroneous, improperly summarized or unsupported by the evidence. The judge conducted a thorough analysis of the evidence,” said Chief Justice Michael Wood, in writing the decision for the panel.
“She committed no palpable error and overriding error in reaching her factual conclusion. Based on both the evidentiary record and the standard of review that guides us, we find no basis to interfere with the judge's conclusions.”
Barrett's defence lawyer, Mathieu Boutet, had argued that Gogan erred in allowing the statement into evidence deeming it hearsay.
The appeal court noted that the statement from a friend of Barrett's, Cheryl Flynn, was the result of police contacting her and not her reaching out to police “with a story to tell.”
In the statement, which was also videotaped, Flynn recounts a chilling conversation she had with Barrett in which he divulged details about the death of an unnamed person, at his hands, and the disposal of the body. She said she didn't come forward because she feared retaliation from Barrett.
The panel said it was satisfied Gogan properly considered all aspects of the law in reaching her decision to allow the statement into evidence.
While noting the Crown's case was circumstantial, the appeal panel said Gogan found corroboration in the evidence from four other witnesses who did testify at the trial.
A further argument by Barrett was that because there was no physical evidence linking him to the crime, the judge overemphasized the importance of the Flynn statement.
“All his criticisms of the perceived flaws of the quality of the corroborative evidence are without the benefit of any alternative evidence from Mr. Barrett. This observation is not intended to suggest any burden on him or any other accused at trial, but it does now permit us to regard the trial evidence through that lens,” stated the panel.
Further, the panel said there was no support found in the trial record to suggest the verdict was not supported by the evidence.
“It was the availability of the corroborative evidence, from a variety of witnesses in relation to a variety of different points, that ultimately tipped the scales for the judge,” said the appeal panel.
The appeal court heard arguments in October and in November. Barrett informed the court he had fired his lawyer and wanted the panel to halt its deliberations on the appeal.
In a decision released last week, the panel rejected Barrett's request for a delay in deliberations.
The court did grant Barrett‘s request to represent himself.
Barrett now wants the court to hear an argument regarding the ineffectiveness of his trial counsel.
The court said if Barrett's appeal was not allowed on the grounds already advanced in the October hearing, he will have the opportunity to present such an argument relating to his trial counsel.
The case is now referred back to set a hearing date.
Barrett was also charged with the death of 21-year-old Laura Catherine Jessome of Bras d'Or, whose remains were found inside a hockey bag floating along the shore of the Mira River in Marion Bridge in May 2012.
He pleaded guilty to a reduced charge of being an accessory after the fact to murder and was sentenced to five years. Given the time he had spent on remand in connection with the case, the sentence was considered served.