Judge rules accused’s rights breached Crown withdraws manslaughter charge
SYDNEY — It was a heartbreaking outcome for a Cape Breton mother who left a Sydney courtroom Monday knowing no one will ever be held accountable for the death of her daughter.
“My daughter did not get any justice. I am very disappointed,” said Brenda Jessome, in speaking to reporters after charges were dropped against the woman alleged to have run down Jessome’s daughter in 2017.
Charged was Kimberly Anne O’Dea, 38, formerly of Sydney Mines but who now lives in Grand Falls-Windsor, N.L. O’Dea was scheduled to stand trial next month before a Supreme Court judge and jury on charges of manslaughter, criminal negligence causing death and dangerous driving causing death.
She was charged in connection with the July 14, 2017, death of Dana Marie Jessome, 28, of Sydney Mines. O’Dea was alleged to have been the driver of a vehicle that ran over Jessome. The incident occurred at about 7 a.m. on Oxford Avenue in Sydney Mines. Jessome had turned 28 the previous day.
“This was all about her (O’Dea) not getting her rights read. It is not fair,” said Brenda Jessome.
Prosecutors Darcy MacPherson and Gerald MacDonald formerly withdrew the charges Monday during an appearance before Supreme Court Justice Patrick Murray.
MacPherson explained the decision was a result of a decision by Murray on Dec. 9 to not allow a statement by O’Dea to police into evidence at the trial.
“Without that statement, the Crown did not have a case,” said
MacPherson, outside the court in speaking to reporters.
He said there would be no need for any further police investigation.
MacPherson told the court the Crown was exploring its option to appeal Murray’s prior ruling but by late Monday afternoon, the Crown had decided not to appeal the ruling.
During an interview after the decision to withdraw, defence lawyer Peter Mancini said he agreed with the judge’s ruling that his client was not given the opportunity to call a lawyer and there was an argument that the statement was not given freely and voluntarily.
“There is nothing more to investigate and there is simply no evidence to substantiate the charges,” said Mancini.
Brenda Jessome said she wants a meeting with Cape Breton Regional Police to discuss what occurred on the morning her daughter was killed.
“I feel they were short-staffed and need more training,” said the mother, adding she knows her daughter would forgive police but she’s not able to do that at the present time.
In his decision not to allow the statement to be entered as evidence, Murray noted O’Dea went to the police station on her own accord shortly after the accident looking for help.
Evidence from police officers Const. Sean MacLennan and Const. Troy Walker during a preliminary hearing on the charge and during a voir dire hearing on the statement, indicates O’Dea was making rambling, disjointed comments and was pacing.
Murray said it was MacLennan who went to the scene on Oxford Street and instructed Walker to get information from O’Dea as to what happened.
In speaking with O’Dea in the lobby of the police station, Walker said O’Dea was distraught, frantic and wanted to leave several times. When she went to the bathroom at one point, Walker went outside and removed her keys from her vehicle.
At one point, O’Dea was placed in a locked telephone room that the Crown conceded breached the woman’s charter rights because she was never cautioned that anything she said could be used against her nor was she given her right to counsel.
After almost an hour of being in the locked room, O’Dea was arrested.
Murray said there was no evidence that O’Dea had gone to the police station simply to report an accident. She had gone for help and wanted to return to the scene to check on Jessome.
The judge concluded it was Walker’s intention to keep O’Dea at the police station.
“So in his mind, she was not free to go. The real question is, in her mind, did Ms. O’Dea consider herself free to go, free to walk away. My impression of the evidence is that she was not,” said Murray.
He concluded O’Dea was in no position to know what to do, what to say, whether to leave and certainly not able to fully understand the extent of jeopardy she was in.
“I have found that the prudent course of action would have been to inform her they were investigating the matter and that what she said could be used against her,” said Murray.
Desiree Magnus, spokeswoman for Cape Breton Regional Police, said the court decision will now become the subject of an internal review by police.