Jury at booking officers’ trial sequestered
The jury at the trial of two Halifax Regional Police special constables charged with criminal negligence causing death was sequestered for the night after deliberating for more than five hours Friday.
Dan Fraser and Cheryl Gardner were working as booking officers on the night of June 15, 2016, when a highly intoxicated Corey Rogers died in a cell at the Halifax police station.
The trial began Oct. 28 in Nova Scotia Supreme Court in Halifax.
The jury heard evidence from 13 Crown witnesses and four people called by the defence, including Fraser and Gardner.
Justice Kevin Coady gave the jury of eight men and four women instructions on the law Friday morning before sending it out to begin deliberations at about 11:25 a.m.
Coady ordered the jurors sequestered just before 5 p.m., saying they had had a long day.
Deliberations are expected to resume Saturday at 9:30 a.m.
Rogers, 41, was arrested for public intoxication on the grounds of the IWK Health Centre in Halifax, where his girlfriend had given birth to their child the day before.
A spit hood was placed over Rogers’ face before the arresting officers carried him into the booking area and then, at 11:07 p.m., dragged him into a cell designated for prisoners who are highly intoxicated, violent or suicidal.
The police officers removed Rogers’ handcuffs before leaving him alone in the cell face down, with the spit hood still covering his face.
When Fraser entered the cell at 1:39 p.m., Rogers was unresponsive. The booking officer removed the spit hood and called for backup.
A medical examiner testified that Rogers died from asphyxiation after vomiting into the spit hood, which blocked his access to air. She said his blood alcohol level was .367, more than four times the legal limit for driving, and his motor functions would have been impaired.
Crown attorney Chris Vanderhooft was brought in from Manitoba to prosecute the case.
Vanderhooft alleges the two booking officers were criminally negligent in their duties by failing to adequately assess Rogers’ medical condition upon his arrival at the station, do proper cell checks and remove the spit hood.
“Corey Rogers’ death was caused by the officers failing to fulfill their duty to care for him,” the prosecutor told the jury in closing arguments Thursday.
“They disregarded his life and safety. Their conduct fell way below what was expected of them and caused a preventable death.”
Defence lawyers David Bright, who represents Fraser, and Ron Pizzo argued that the booking officers did their job that night the way they had always done it, with little support from management. The lawyers said their clients’ conduct was not a marked departure from the standard expected of a booking officer.
In his instructions Friday, Coady reminded the jury that the defendants are presumed innocent until it decides otherwise.
He said jurors must judge Fraser and Gardner individually.
“They are not before you as a team,” the judge said.
In order for the jury to convict each defendant, Coady said it must be convinced beyond a reasonable doubt that the Crown has proven all the essential elements of the offence.
He explained that the jury must be satisfied that each defendant’s actions or omissions caused the death of Rogers, were a marked or substantial departure from the standard of care expected of a booking officer, and showed a wanton or reckless disregard for the life and safety of the prisoner.