Brothers in Calgary sex assault case to be tested

It will be another six months before sentencing arguments resume for two brothers who randomly kidnapped a girl and repeatedly sexually assaulted her.

Corey Manyshots, 25, and his 21-year-old brother Cody pleaded guilty in October 2015 to kidnapping, uttering threats, sexual assault and robbery.

The pair approached the girl at a northeast Calgary bus stop, forced her into an alley and sexually assaulted her two years ago.

The brothers took the Grade 12 student to their home, where they sexually assaulted her another 15 times until she was able to escape about eight hours later, after they fell asleep.

Lawyers for the two men informed Judge Terry Semenuk they have received legal aid funding for a fetal alcohol spectrum disorder test, something that can take four to six months.

“It’s hugely important. It’s part of ... doing our due diligence for these two guys,” said lawyer Alain Hepner, who is representing Cody Manyshots. “FAS is a real possibility, from all of the reports, and we have to make that determination.

“I think that it will reduce the moral blameworthiness because of the FASD and the symptoms of FASD. It would lower the sentence.”

The Crown has recommended a sentence of 12 years less time served. The defence is expected to begin its sentencing submission when the case returns to court June 2.

“We’re going to hope the report is done by then,” Crown prosecutor Jonathan Hak said outside court.

He has said the tests will have no impact on the men’s guilt since the brothers have already been found guilty. But mental illness, FASD or cognitive issues can have an impact on the moral responsibility the court assigns to an offender, he said.

The two men are to be tested while they are being housed at the Calgary Remand Centre.