Ordered out of court
Judge tells family members of teenager killed in car crash to leave courtroom
The message was clear — lose the shirts or leave the room.
The family of the teenaged girl who died after an alleged street-racing incident was ordered by a provincial court judge in St. John’s to leave the courtroom Tuesday.
Judge David Orr told the handful of people who sat in the courtroom wearing yellow Tshirts that they could not stay if they wore the shirts.
The shirts had a photo of 17-year-old Alyssa Davis hiking and the words, “Sprinkling sunshine everywhere” on the front. On the back, it was written, “Sunshine squad.”
Some members of the group left to turn the shirts inside out, but it wasn’t enough for Orr, who said they either had to remove the shirts or cover them up.
The group had been there to take in the case of the teenaged girl charged with causing Davis’s death.
The 17-year-old — whose name is protected by a court ban — is believed to have been street racing in December 2015, when the car she was driving spun out of control on Peacekeepers Way, off the Conception Bay South Highway, killing Alyssa, who was the passenger.
She faces a charge of dangerous driving causing death, as well as street racing.
The girl is not in custody and wasn’t in the courtroom, as court appearances by the accused aren’t necessary until evidence is presented.
She was represented by her lawyer John McGrath. He and the Crown agreed to set the case over until next month to allow time to review police evidence in the case.
Following proceedings, members of the family expressed disappointment with the judge’s decision.
Meanwhile, another teen charged after the incident pleaded guilty last month to dangerous driving. As a result of the guilty plea, the Crown withdrew a charge of street racing. The girl, also 17, was not charged in connection with causing Alyssa’s death and was also released shortly after her arrested on strict conditions.
A sentencing hearing is set for Sept. 16, at which time lawyers are expected to dispute certain facts of the case.
It’s not the first time a judge has banned shirts being worn in court by a victim’s family.
Last year, family members of Cliff Comerford’s family were ordered to stop wearing their white T-shirts with Comerford’s photo underneath the words “Justice for Cliffie.”
They had worn the shirts a few times when the case of Ray Stacey — the man accused of murdering Comerford — was called in court.
Stacey’s lawyer, Bob Buckingham, filed an application, arguing that wearing the shirts was a protest and an attempt by the family to intimidate his client and the court. The judge agreed and the shirts were banned.
Over the years, judges in other cases at Newfoundland Supreme Court have also warned family members about bringing photos of victims in the courtroom, especially when there’s a jury trial, as it could distract from proceedings.