Montreal Gazette

Mistrial in case of teen killed at motel

- PAUL CHERRY

A jury’s inability to agree on a verdict in the murder trial of Jonathan Mahautière after eight days of deliberati­on forced the judge to declare a mistrial on Thursday.

While jury deliberati­ons are kept secret in Canada, it appears the seven women and five men could not reach a unanimous decision on whether Mahautière, now 21, formed the intent to kill Gabrielle Dufresne-Élie, 17, on June 7, 2014. Mahautière testified that he blacked out when he strangled his girlfriend at the Motel Chablis after she told him their relationsh­ip was over. His defence lawyers, Marie-Hélène Giroux and Clemente Monterosso, conceded that Mahautière is guilty of manslaught­er but not murder.

“We’ll have to start all over, (but) possibly negotiate a guilty plea to a manslaught­er charge,” Monterosso said after Superior Court Justice Pierre Labrie read the jury’s note stating, in no uncertain terms, that they could not reach an unanimous decision “and will not reach a unanimous decision.”

Before having the jury enter the courtroom to thank them for their efforts, Labrie told Monterosso and prosecutor Geneviève Dagenais that it was clear he had no choice but to declare a mistrial. The decision means Mahautière will have to undergo another trial unless his lawyers can convince the Crown to accept a guilty plea to manslaught­er.

“The jury did a meticulous job, by all evidence. They couldn’t rally together for a decision. The decision they had to make was serious,” Monterosso said, noting a seconddegr­ee murder conviction comes with an automatic life sentence.

Sentences for manslaught­er can range from a suspended sentence to a life sentence. “A lot of admissions were made in this case,” Monterosso said. “The only question to address was whether he had the specific intention to kill.”

When the jurors entered the courtroom, some appeared upset. One woman, the first person selected for the panel, kept her arms crossed while Labrie addressed all 12. Another woman on the jury appeared to be close to tears as Labrie officially declared a mistrial.

Mahautière was visibly nervous as he waited to hear what was contained in the jury’s note. A few of the victim’s relatives held hands. One expressed hope that the jury had finally reached a verdict after eight days. Dufresne-Élie’s mother, Marlène Dufresne, broke down in tears after Labrie read the note.

“I would say that, by all evidence, it was a complicate­d case for the jury,” Dagenais told reporters. “That is life. It is part of the system, and we thank (the jury) for its efforts.”

Mahautière will remain detained and returns to court on May 24.

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