Jurors' letters to judge could lead to mistrial in manslaughter case

A pair of letters sent by jury members to a B.C. Supreme Court justice following a manslaughter conviction earlier this year could lead to a mistrial, depending on the nature of the information within them.

Pinantan Lake resident James Sanford, 34, was found guilty in January in connection with the Sept. 12, 2020 stabbing death of 33-year-old Daniel Thomas Myles near Canada's Best Value Inn in the 1300 block of Columbia Street in downtown Kamloops.

Sanford had been charged with second-degree murder, but was convicted by a jury of the lesser charge of manslaughter.

Defence lawyers Jay Michi and Joe Killoran told Kamloops This Week they received word from Justice Sherri Donegan that, following the verdict, she received two letters from jury members.

The letters' contents were not disclosed in court on Wednesday.

Sanford's defence team applied to view the letters in order to determine whether they may have an impact on the fairness of the trial and require steps to to be taken, to which Crown consented.

“We're in the dark right now about what's communicated in those communications,” Michi told the court.

Asked by KTW if the content in the letters could lead to a mistrial, Michi replied: “Theoretically.”

Michi said if the letters disclose some sort of internal issue from jury deliberations, such as a juror feeling compelled to arrive at a verdict from hostilities from other jurors, that would not amount to impeding trial fairness.

“That's just the way our jury system works, it's meant to arrive at compromise,” Michi said.

If, however, the letters, mention another type of external issue, such as a juror doing their own research outside the court that influenced the vote or that a threat was received, that could impact trial fairness.

“Basically, anything that happened outside the jury room or by any person who's not part of the jury is a problem,” Michi said.

Donegan agreed to show copies of the letters to both the defence and Crown, which requested a number of conditions on the release that were consented to by the defence. Those conditions included redacting personal information, any information revealing the vote split at different points of deliberations and that any action sought on the letters commence after Sanford's sentencing hearing.

Michi told KTW he suspects the reason they were having this discussion was due to something in the letters that is either “on the line” or delves into the area of an external issue.

The last time an issue like this was litigated in the Supreme Court of Canada was in 2001, making it a rare occurrence, Michi said.

Sanford's sentencing is pending and he remains free on bail.

During the trial in B.C. Supreme Court in Kamloops, court heard that Sanford and Myles had been involved in an ongoing conflict for three months before the fatal stabbing, a dispute that included verbal threats and acts of vandalism against Sanford by Myles.

Sanford, who had no prior criminal record, said he acted in self-defence, defence of property and provocation and the jury ultimately found him guilty of manslaughter.

A manslaughter conviction carries with it a wide range of possible sentences, from a suspended sentence (no jail time) to life in prison. Most sentences, however, fall within the four-to-10-year range.