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Chad Davis murder trial: The evidence in week two

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The interior of the garage at 703 Prince Rupert Ave. Sometimes, what seems significant doesn't turn out that way.

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The interior of the garage at 703 Prince Rupert Ave. Sometimes, what seems significant doesn't turn out that way.

Two men on trial for a ghastly crime: The alleged first-degree murder of a handsome young Winnipeg man, Chad Davis, who went missing for months and was found July 23, 2008 in a barrel plucked from the Lee River. 

Corey Tymchyshyn and Kristopher Brincheski are accused and presumed innocent.

This is a comprehensive recap of the second week of evidence heard in this complex and unusual case. 

First week recap can be found here.

Allegations made in the Crown's opening argument can be found here [required reading, really]. 

Just a handful of Free Press articles summing up the case so far can be found here, here and here

I'd note that some of this week's evidence is abrreviated somewhat, such as the areas where scientists list off their qualifications and research histories to be qualified as experts in court. Also, some of Sgt. Hooker's agreed facts aren't listed, as well as some from CoreyTymchyshen's ex-girlfriend. George Lancaster's cross-examination was also truncated by me to a very minor degree because it was going over areas (there's two sets of defence lawyers) he'd already answered to. 


DAY 6:

RCMP Cpl. Maria Forester (third appearance)

  • She visited Dino's Storage on Orange St. on Aug. 21, 2008, 10:12 a.m.
  • She got key for locker #339 from a colleague.
  • Lockers have open ceilings.
  • She couldn't recall what kind of door the locker had.
  • The door had a gold coloured padlock on it.
  • "There was nothing. The locker was empty."
  • She still examined it, using white light forensic technique.
  • There were four areas of staining inside, a hemostick test for blood was negative.
  • A blood reagent test was also negative.
  • They were there about two hours or so.
  • On Sept. 5, 2008, she went to 52 Beeston Dr. (Brincheski's place at the time) to take photos as serious crime unit officers did a search.
  • At 5:25 p.m. she arrived, scene already taped off.
  • The home was a duplex with brown trim.
  • Other officers pointed out items of interest.
  • Basement was a finished basement, with a bedroom in southwest corner and a washroom off of that.
  • Search began in shed, proceeded to house and then back to shed.
  • Photo #4 was of two boxes, one with a heating pad inside. [Trial exhibit 24]
  • Photo #28 was of a pink pillow. [Trial exhibit 22]
  • She couldn't say how big the shed was.
  • Photo #30 was of posters inside a box. Box has same company name on it as used at the Davis family's business.
  • Photo #5 was of upper bedroom, where a JVC DVD player [Exhibit #39 in the trial] was found.
  • Photo #6 was of basement area and lamp [Trial exhibit 21] was seen.
  • Photos 7, 14, 15, 16 were of TV and entertainment stand around TV.
  • Photos 25, 26, 27 were of a blue Tommy Hilfiger blanket found inside an ottoman. [Exhibit 23].
  • Photo 24 was of a Onyko remote for stereo of some kind. A Bose docking station was seized from the home's upper level.
  • She couldn't say if the stereo related to the remote was seized. "Not that I'm aware of."
  • Photo 8 was of a nylon case for CDs.
  • A white Prada jacket was also seized.
  • A gucci box was also seized, it had a wooden jewelry box in it. Contents of the box were also itemized, they included a Breitling wristwatch.
  • Photos 20/21 were of Bose docking station [Exhibit 26]
  • She couldn't say who the lock on the storage unit's door belonged to, nor whose key it was she was given.
  • She was not shown anything from 703 Prince Rupert Ave.


George Lancaster

  • "A little nervous."
  • 54 years old.
  • Lived in MB all his life, has four brothers.
  • Grew up in Transcona.
  • Grandparents had a cabin at Winnipeg Beach, was about 500 sq. ft. About 4-5 years ago built a new one.
  • "All my life," he went to grandparents' cabin.
  • "I live there now."
  • When he separated from his wife she got the house, he got the cabin.
  • He's currently on worker's comp. He was working when a building collapsed on him and he fell 39 feet.
  • "All smashed" is how he describes his injuries.
  • He worked on Winnipeg's TD Centre.
  • "I climbed the steel and put it together" with wrenches.
  • "It's a lot of fun but kind of dangerous."
  • His accident happened June 15, 2005 at a building on McPhillips. Was connecting anchor bolts which sheared off.
  • "When the column went over, down I went."
  • Broken back, legs, collarbone [he walks with a limp]
  • Spent 9 days in hospital.
  • He's now divorced from wife of 28 years.
  • His job: "it was my whole being."
  • "I still don't cope. It was all I had being an iron worker. Now I have nothing."
  • He now drinks beer morning to night.
  • Had not had a drink before court.
  • "The police were knocking on my door" and they brought him to court.
  • He's been drinking 15-24 beer a day for about 38 years.
  • Considers himself an alcoholic.
  • But he doesn't hide it. Isn't proud of it.
  • He's used marijuana and cocaine in past.
  • You smoke what you have.
  • Gets $613 weekly in compensation, paid bi-weekly.
  • He keeps close track of when the cheques come.
  • "I have to pay my bills like everybody else."
  • He rebuilt his cottage, has no mortgage.
  • He gets his money through direct deposit.
  • Pays utilities and taxes, the rest goes to "the vendor."
  • "Of course" the cash is important for his habits.
  • Grandparents built the cottage in 1929, he started living out there in 2007 after the separation from wife.
  • Has all his belongings out there.
  • Has known "Bonnie," Corey's mom [IDs Corey as Tymchyshyn] for 8-9 years.
  • Met her at apartment she used to live in.
  • For "years," about 22, he used cocaine, mainly crack.
  • Yes, it gets him high but doesn't affect his memory, same goes for weed.
  • "I hear great."
  • Yes, alcohol "of course" impairs his behaviour.
  • "You get drunk, you're drunk."
  • His behaviour ranges when drunk: "I'm a raging alcoholic ... it all depends on what mood I'm in."
  • Yes, sometimes, he yells and screams and says regretful things when drunk.
  • He stopped using cocaine 2-3 years ago. "Just done."
  • "Yes and no," he and Bonnie are still friends today. The allegations of the case have impaired their relationship.
  • They were never in a romantic relationship. "never."
  • "We were actually friends ... she used to live with me."
  • Yes, he wished in the past their relationship was romantic.
  • Asked if he ever wished she was his wife, he draws a huge laugh when he replies: "Oh no. I'm out of houses."
  • Bonnie was not OK with his drugging and drinking.
  • He was not allowed to drink around her, and she had him imbibing less.
  • "Just the nature of the beast... you do as you're told."
  • When she and her ex split, she got the house on Prince Rupert, he got their cabin in Lac du Bonnet.
  • She came to live with him for a time, they stayed in separate rooms.
  • A fire broke out at his cottage, was a "total loss."
  • So he went to go live with Bonnie at 703 Prince Rupert.
  • He stayed for about 7 months.
  • Was a two-storey "beautiful house."
  • Loft upstairs, two bedrooms in basement.
  • Main floor was an "open concept" kitchen, living room.
  • An island separates the two spaces on main floor.
  • "It's all one big room."
  • It's 10-15 feet from island to two couches.
  • There's two entrances. One off the side which leads into a mudroom. He calls doors "man doors" meaning everyday common doors people use.
  • The mudroom door was the only one that got used.
  • The view from the front windows was onto the front of Prince Rupert Ave.
  • At night the blinds were shut; by day they were open.
  • He knew his ex-wife's phone number because his comp cheques were mailed to her home before direct deposit.
  • They were made up Tuesdays, so he'd call her on Wednesdays.
  • He did his banking at a credit union on Henderson Highway.
  • He would call them to see how much money he had in his account.
  • He was able to recite the number for the bank.
  • Again, confirms he's said things to Bonnie he regrets when he's drunk. "Ranting and raving," usually over the phone.
  • Sometimes he'd leave messages to this effect.
  • Can't say how many times this has happened.
  • The house on Prince Rupert had a landline, but can't say if it worked in the time he lived there.
  • There was a shed and a detached garage on the property.
  • The garage's man door faces south, and can be seen when one leaves from the main house.
  • He'd been in garage more than once but less than five times.
  • Can't say how many times prior to Feb. 6, 2008.
  • Said there was a "grow op" inside, had false walls in front of overhead door and the man door.
  • Shown pics of the home, he'd never seen those pictures before.
  • The grow op "was never in operation."
  • "Non operational grow operation."
  • There was a door in the fake wall, can't say if it opened in or out.
  • Inside the garage were special "grow lights."
  • He's been in grow ops before.
  • "You want to get as close to the spectrum of the sun" as possible, that's why the lights.
  • There were 16 or so lights.
  • Never saw plants in there.
  • There was also Malomar material, a vinyl reflective covering on the ceiling and walls.
  • "It's white on the outside, black on the inside."
  • It's usually attached with a staple gun.
  • It's to reflect the light out to the plants.
  • He can't remember if the material was on the floor.
  • Says he's been in "lots" of grow ops in the past. "I used to grow it myself... at my residence."
  • Never saw plants in 703 Prince Rupert's main house.
  • "I don't know" if chemicals or water was present in the garage.
  • Feb 6, 2008: Was still living at the home. Can't say who else lived there,or if Tymchyshyn lived there at the time.
  • In the early morning, he's there, as is Bonnie and Tymchyshyn. Can't say when Tymchyshyn appeared that day.
  • "Maybe a couple of days" before Feb. 6, 2008 was in the garage.
  • Shown his Feb. 5, 2013 police statement, he told police it was "days" before.
  • It was "just a regular day."
  • Had not had cocaine nor weed. Can't remember drinking on this day.
  • He's sitting on LR couch, Bonnie on other couch.
  • He was there when Chad Davis came by.
  • But before Davis arrived, can't remember what time, a person named "Bern" was there.
  • "Him and Corey used to work together, I was told."
  • "He was introduced to me as Bern."
  • Had known of him for couple months. He did shingle and roofing work.
  • Cannot say how many times Burn had been over at 703 Prince Rupert, or if Tymchyshyn had other businesses.
  • On Feb. 6, he didn't speak to Bern, who was male, about 5'-10" to 6' tall, white and wore glasses.
  • Can't recall what he was wearing on this day.
  • He doesn't pick Bern out when asked to look around courtroom and see if he's there.
  • He and Tymchyshyn stood by the island in kitchen talking.
  • He heard a little bit of the conversation. Bern was there for about 10-15 minutes.
  • He remembers very little of what was said, except:
  • "'Don't miss,' Corey says to Bern."
  • He doesn't recall any other words that were said.
  • Bern left out the door.
  • Lancaster didn't see him walk in front of the residence.
  • Tymchyshyn stood in the kitchen after he left.
  • There was a cellphone in the house, one which "everybody" used. It was Bonnie's but was under the name of a girl he can't remember.
  • He thinks it was a wednesday because he used that phone to call his wife regarding his cheque.
  • "I think I called the bank, not too sure."
  • No, Tymchyshyn wouldn't be calling his ex, as they had no relationship at all.
  • "Chad" came over, can't say how long after Bern left. Offers a 10-minute estimate.
  • He came in the door, stood by the Kitchen island with Tymchyshyn.
  • Tymchyshyn went to the other side of the island.
  • Davis had a black bag with him. "Like a doctor's bag."
  • Was 18 inches wide by about a foot high.
  • Davis left the item on the counter and Tymchyshyn "put it behind the TV."
  • Lancaster was never told and never asked about it.
  • "Him and Corey went out. They left."
  • It was a matter of "minutes," 10-15 or so that they talked. "They were just talking."
  • He heard nothing of what they talked about.
  • "In one ear and out the other."
  • They left out the side door, didn't know where they were going.
  • He didn't see them go by the front of the house.
  • He never saw Davis again.
  • He can't recall if Tymchyshyn came back in the house or when he saw him in the house again.
  • Davis's vehicle was still there, parked in the back yard.
  • "I drove it." - it was the next day or the day after that.
  • Went in it to Superstore with Bonnie.
  • They had the vehicle for "half an hour."
  • He didn't recall seeing a large speaker in the back of the Jeep.
  • He knows that Davis's dad picked the vehicle up some time later.
  • Yes, he has a criminal record. An impaired driving conviction and a 1986 conviction for narcotics possession.
  • He gave a statement to RCMP on Oct. 31, 2008, was in Winnipeg Beach at the time.
  • He didn't tell them everything he knew.
  • "I don't want to be here. Because this is not fun."
  • He wanted to tell RCMP enough to get them to leave him alone. I didn't tell them everything.
  • Yes, he lied and withheld information.
  • He gave a second statement, he says.
  • "I wanted to get things straight. I actually gave three statements."
  • Police and the Crown didn't believe he was being entirely truthful.
  • Even in 2nd statement, he says, wasn't being entirely truthful.
  • He didn't want to testify at all. Even today.
  • He decided to come clean on the advice of his dying dad. "You need to straighten this out, man," his dad said.
  • It was in his third police statement that for the first time he ever mentioned any words he overheard between
  • Bern and Tymchyshyn.
  • "It's incriminating." (The "don't miss" words, he believes.)
  • He says the jury should believe him.
  • "After I found out what happened, it just seared into your brain. That's how it is."


CROSS EXAMINATION

  • Yes, these events were about six years ago, and his first statement on Oct. 31, 2008.
  • No, he didn't write things down or keep a diary to keep things straight.
  • He always dealt with the same RCMP corporal.
  • Yes, there was a meeting with two Crowns and two cops at the Crown's office. He cannot remember what he said in that meeting.
  • Oct. 31, 2008, first statement.
  • Feb. 5, 2012, spoke with police in their car.
  • Feb. 5, 2012, spoke with police and the Crown at Crown's office.
  • Feb. 5, 2012 - gave 2nd video statement.
  • Nov. 11, 2013, speaks with police in a bar.
  • Dec. 17, 2013 - his sixth and final contact with police in this case.
  • Yes, he knew the importance of telling RCMP the truth, and that some of his statements were under warning and caution he could be charged for fabricating evidence etc.
  • Yes, he signed a form stating he understood this.
  • Yes, he didn't always tell the truth.
  • No, has not been prosecuted for an offence because of this.
  • Confirms his beer consumption of 15-24 a day, has been drinking for 38 years.
  • Agrees liquor could "absolutely destroy" his memory.
  • It was police who approached him in the bar. Decided to tell the truth to honour his dad.
  • But admits, he didn't approach police to say what he knew, that they came to him.
  • He says he never said something along the lines of "Corey pissed (him) off."
  • He doesn't remember telling police in the bar that he'd give them a statement when he was done drinking -- in about 2 days.
  • He doesn't recall telling them about a bonfire in Winnipeg Beach where they "burned Chad's stuff."
  • "I don't know what they were burning, but there was a fire."
  • Affirms that the only other thing he told RCMP was the "don't miss" comment he overheard. And is now telling court this is true.
  • "Yes I do," have a good memory, he says.
  • In 1st statement, he told RCMP: "I don't remember seeing Bern that day."
  • But then 4.5 years later, told police that Tymchyshyn, Davis and "Bern" left together at the same time.
  • "If I did [say that], I don't remember."
  • In Feb. 5, 2012 Warned statement, told RCMP in the room on Feb. 6, 2008 were "me, Bonnie, Kris, and Corey."
  • "That's the guy who's charged." (When asked why now Kris's name is used). 
  • Again says he can't remember when Davis got there, but is "100 per cent" sure he was there. "Kris wasn't there when Chad arrived."
  • Told police it could have been 10 mins, maybe an hour between 'Bern/Kris'' departure and Davis's arrival.
  • Agrees 703 Prince Rupert is a "very big house."
  • It "sounds about right" that it's 35 feet or so from the couch he was on to the kitchen island where he overheard the comment.
  • In Oct. 2008 told RCMP "I did not know Chad Davis."
  • In Feb. 2012 statement, said that he knew Chad, had shaken his hand and met him three times, that he was "very respectful."
  • In 2008, told police he couldn't hear anything being said at the island, that it could be because it was 35 feet away and the TV was on.
  • "No I do not" just make stuff up.
  • Admits if he had drugs at the time, he'd consume them till they were gone.
  • It was a lie to tell police there were no drugs in the house.
  • It's true, he'd sometimes do the odd line of cocaine with Tymchyshyn, but not often, because Tymchyshyn "Was cheap."
  • Never saw 'clones' [baby pot plants] in 703 Prince Rupert, but suggestion was that there were some.
  • Yes, Davis's black bag could have had clones inside. "I never looked in the bag."
  • He's questioned about how the "don't miss" became seared in his mind, but had no knowlege that anything had happened to Davis that day and he had "no idea" where he went to. So why would that be seared in your mind? "I don't know."
  • Yes, Tymchyshyn's mom had called the cops on him and had his guns taken away. He was pissed off. "I guess so," he says when asked if that's when he started coming up with new information.
  • Says he doesn't know why he'd lie to police about their not being a landline phone in the house.
  • No, the times he's given in his statements are not all that accurate.
  • It's possible he could have shared a joint that morning with Tymchyshyn and Kris.
  • Yes, he used to hang with dangerous people sometimes, it's possible he could have told "Bern" how to hit someone so they couldn't fight back.
  • No, he didn't call Kris a number of times after Chad left to make sure he was OK.
  • Obliquely agrees that marijuana can affect memory.
  • He didn't see Davis drive up in the Jeep as it was in the backyard.
  • In October 208, couldn't be specific with police when he drove the Jeep, telling them: "All I know is day, light, drunk or not drunk."
  • He can't remember what was on TV that morning.
  • It was a deliberate lie to not mention "Bern" in his first police statement. He didn't want to come to court.
  • Agrees by the time he gave 2nd statement, he was aware he was going to have to testify, but lied anyway.
  • "I have no idea" why he continued to lie.
  • No, one can't see out of the back of the house, and you can't see the back lane from inside the house.
  • Remembers nothing more about the fire in Wpg. Beach.
  • You lose things, don't you? (details, memories). "I guess so."
  • Agrees he didn't go to RCMP to tell them what he knew after deciding to come clean and do the right thing.
  • He doesn't recall telling police in conversation that he saw someone handling the body.
  • "No, I didn't" see that.
  • Yes, he stayed out of Tymchyshyn's business, and "purposely" tried not to hear what was going on.
  • Doesn't remember telling RCMP Tymchyshyn was a "crazy f---er."
  • "I don't remember saying that."


[Jury excused at this point]


DAY 7 - JURY NOT SITTING


DAY 8 - Lancaster returns, cross-exam continues

  • Yes, "best estimates" of time is all he can offer.
  • "I did not look in that bag."
  • "Don't miss" could mean a lot of things, yes.
  • "Once they pulled him out of the barrel it came to me."
  • "I just put 2 and 2 together" after Tymchyshyn and Brincheski were arrested.
  • "I didn't want to be involved. This isn't jaywalking. This is first-degree murder."
  • But yes, was only on Dec. 17, 2013 when his "brain not functioning well" that he told police this.
  • "I did not know the evidence," [he's queried if he'd known the bail hearing or preliminary hearing material].
  • But, he says, he did know that after the arrests that those words could be related to the case.
  • Yes, to him Kris and Bern are same person.
  • "His nickname is Bern, because he burns a lot of reefers."
  • He didn't know Brincheski's real name before he was arrested.
  • Says "I don't believe so," when asked if RCMP ever shared with him the results of text messages obtained in their investigation.


E.L.

  • Lived on Prince Rupert as of July 2008, lived there since 2003.
  • She's too short to see over fence around backyard, but can see through slats, "spaces between the boards."
  • Says she's not a "nosey neighbour" but likes to know what's going on around her.
  • They have a gazebo attached to their garage. They used it a lot in summer 2008.
  • Usually watches CTV News at 6 p.m. and reads the Free Press every day.
  • She never talked with the young man who lived two houses down. Believed he drove a black 1/2-ton truck.
  • She heard about Davis being found on TV news and then in paper next day.
  • The news broke between early and middle of the week, she thinks, isn't confident about that.
  • She got up one Saturday morning to see yellow tape all over.
  • She told police something she saw after learning news Davis had been recovered.
  • Was in backyard, when she "heard somebody demolishing something - was quite noisy."
  • Went to see through fence, then through an inside window and then from the back lane.
  • Work being done at the garage at 703 Prince Rupert.
  • Saw a trailer full, had boards, insulation and wood in it.
  • "The trailer was full."
  • "I just noticed they were cleaning up," didn't get close.
  • Not so sure what kind of wood was in the trailer.
  • In view from back lane, saw "two men," cleaning, throwing stuff in there. Their backs were turned. Can't say if Tymchyshyn was one of them.
  • "I didn't get close enough."
  • This work was being done between time Davis was found and before RCMP turned up to search the garage.
  • One of the men she saw was in the garage, the other in the trailer.
  • They were hauling things out the overhead door.
  • Took a quick look and left.
  • "I wasn't interested."


Kevin Marchand

  • Gave statement to RCMP on Sept. 22, 2008 regarding time he spent with Tymchyshyn and Brincheski.
  • He's known Tymchyshyn since age 4, through soccer.
  • They're friends, at times "good friends."
  • Their relationship is like a circle - ebbs and flows.
  • He started working for Brincore, the roofing company Brincheski and Tymchyshyn owned. "We works together."
  • This was in May 2008.
  • Tymchyshyn's nickname was "Principal Skinner."
  • Brincheski's nickname was "Burns."
  • Brincheski's brother, Alex, worked with them one or two times.
  • They'd do jobs "all over the city," in St. Andrews and Lac du Bonnet.
  • Between May and Sept. 2008 they went to Lac du Bonnet 2-3 times for work. One time they stayed at the local hotel while out there for a job.
  • Brincheski's parents lived in the LDB area.
  • Tymchyshyn's family had a cottage on the Lee River. "I believe it was on the water."He can't remember what route was taken to get there.
  • Tymchyshyn drove a white Avalanche.
  • Brincheski a black Ford F-150.
  • They'd do subcontracting jobs for other roofing companies.
  • Brincheski and Tymchyshyn got along well. "They worked as a team, consulted each other."
  • He saw no problems between them.
  • Can't say if drugs were consumed at job sites.
  • Alex and Kris Brincheski would sometimes work together.
  • Did some work for Tymchyshyn's mom "one day."
  • He can't say where he was when Davis was found, and not sure how long after the discovery they did work at Tymchyshyn's.
  • Tymchyshyn asked "if we wanted to make some extra money."
  • "We tore some stuff down in the garage - walls, whatever."
  • They took sheets of OSB - particle board - off the walls and roof.
  • Yes, the garage had "false walls."
  • Shown pics of the garage, he IDs it.
  • They were chipboard walls.
  • He saw no grow op in there.
  • He's not too sure what Mylomar (I believe it's Mylar) is. Didn't see a reflective material in the garage.
  • They loaded the materials into a "dump trailer"
  • It was he, Tymchyshyn and Brincheski doing the work. "I believe there was one other person, but I don't remember his name."
  • Maybe some insulation was removed, is unsure.
  • "We recycled the board." It was in good shape.
  • He called his brother to see if he'd like to use it in a shed he was renovating in Anola.
  • Tymchyshyn didn't mind.
  • The trailer was driven a few blocks to his dad's place in North Kildonan. It sat there for a couple of weeks. His brother came to retrieve it.
  • He was aware a search was conducted at Brincheski's home - "I guess so."
  • Agrees his cell phone number is ###-5502.
  • He cannot remember why he and Brincheski spoke an hour after the search.
  • They paid him to do the tearout at the garage.
  • There was no discussion of Davis being found in the Lac du Bonnet area.
  • Yes, the interior of 703 Prince Rupert was big, he agrees.
  • He believed the TV was in the front corner of the living room space and the island in the kitchen was "way in back of the house."
  • Tymchyshyn never told him to burn, destroy or hide the materials he took.
  • When staying in Lac du Bonnet hotel, Brincheski had his own room.
  • Brincheski never appeared to be nor said he was afraid of Tymchyshyn.
  • Shingles weigh about 86 lbs. a bundle. They didn't use a pulley system on jobs, instead carted the bundles up ladders.
  • Brincheski appeared to be in better shape then either he or Tymchyshyn.
  • Tymchyshyn never borrowed money from him.
  • It appeared Tymchyshyn and Brincheski were friends.
  • Brincheski, he hadn't known long. He was a "quiet guy, kept to himself."
  • He didn't socialize with Brincheski outside work.
  • Tymchyshyn was always present during working hours and at any conversations he may have had with Brincheski.

 

Robert Marchand

  • Owns property in Anola, in 2008, there was a house, a garage and "couple of outbuildings."
  • ID's property from photographs.
  • Garage, shed, horse barn and storage shed.
  • Was modifying horse barn to become a storage shed.
  • He insulated it, put up vapour barrier and OSB on the walls to seal it and store belongings.
  • Before Sept. 23, came into some "free wood" when his brother called him to ask if he wanted it.
  • "All I know is it was delivered to my house."
  • His dad brought it out, there were 30 pieces or so of OSB, some insulation and some 2x4s, all usable.
  • "Alls I knew is it came from something that was demolished," not that it was from Tymchyshyn's.
  • He used the OSB pieces to make the walls, using "almost all" of the wood. He did have to buy some single sheets to finish the job.
  • "It wasn't new. You could tell it was taken from somewhere."
  • RCMP turned up at his property to seize the wood.
  • "They had a real bugger of a time (getting it removed.) It took them a while."
  • There were staples and plastic on them. The new boards he bought didn't have those staples or holes in it.
  • It was within 2 weeks of having the wood that he got a call from RCMP they were coming to take it.


RCMP Cpl. Maria Forester (Fourth appearance)

  • On Sept 22, 2008 went to the Anola property at the request of the Serious Crime Unit to examine a shed there.
  • Marked wood to be seized, transported back to Winnipeg.
  • 23 Sept, 2008: Analysis of the wood was done.
  • Boards had bits of "black and white" material on them.
  • She found plastic on five boards, 18 bits in all.
  • Five particular bits taken from one board were sent for analysis because they appeared similar to what Davis's body was found in.


Day 9


Agreed statement of facts from Tymchyshyn's ex-girlfriend, C.C.

  • Their relationship began in 2006 and ended in late November 2007.
  • During that time, they primarily lived at 703 Prince Rupert.
  • Between February and April 2007, she observed three large barrels on the property.
  • Each was made of plastic and stood about 3 feet high.
  • The two, in the garage: One was blue, the other black.
  • Another outside was yellow.
  • She saw them multiple times.
  • On occasion, they would go to Tymchyshyn's dad's cottage in Lac du Bonnet area. Cannot recall the name of the body of water the cottage was on.
  • They would also go to her family cottage, cannot remember the name of the body of water it was on.
  • She and Tymchyshyn would go there and visit friends, sometimes for his business reasons.
  • She saw barrels similar to what she saw at 703 Prince Rupert, believed they were white.
  • She says she knew him to be "very familiar" to with the Lac du Bonnet township and surrounding area.


Dr. Kimberly Kenny, to provide expert opinion evidence on identification and comparison of polymer materials, including paint.

  • No issue made over her qualifications.
  • She's a scientist with the RCMP trace evidence section.
  • PhD in analytical chemistry.
  • Polymer: a large molecule made up of several repeating units.
  • [Jurors given blow by blow presentation on her job, the types of analysis she does and what tools are used.]
  • Does physical and chemical comparisons of trace items [glass, polymers etc.] to known samples.
  • Talks about the subjective nature of colour comparisons, says having the comparison item is key to ensuring subjectivity is limited.
  • "The comparison cannot be subjective but the descriptors can be."
  • Key is that it can't be said with absolute certainty that one exhibit came from another.
  • They're to be described as physically and/or chemically indistinguishable to one another. They either came from the same source or came from a source that has indistinguishable properties.
  • She compared a piece of the barrel to plastic shavings seized by police from a box of cleaning supplies that had been in Davis's Jeep, but moved a couple of times in the time he was missing.
  • Comparison showed physical properties ("Firm, smooth black plastic") were indistinguishable between the two samples.
  • Same goes for chemical analysis. Each was "low density polyethylene"
  • The caveat, however, is that this plastic is common, cheap and widely used.
  • She also compared a control sample of tarp Davis was wrapped in to "glossy" plastic bits seized from the boards in Anola.
  • They were physically indistinguishable from one another.
  • Both layers (one black, one white) were chemically indistinguishable from one another.
  • They either originated from the same source or from another source that had indistinguishable thickness and chemical properties.
  • Agreed there was a very slight difference in measurements of the thickness of tarp and plastic samples.
  • That difference is attributable to an .02 millimetre bias of the callipers used to measure it.


Cpl. Maria Forester (Fifth appearance)

  • Attended to search of property at 703 Prince Rupert Ave. on Sept. 7, 2008.
  • Noted how door to residence was on the east side of the house.
  • Did not do measurements of the interior living room.
  • Did white light exam of home to look for red staining. Swabs taken from a basement doorframe, a shower curtain in upstairs bathroom and an attic door.
  • At 15:42 attended to garage, went in through the "man door."
  • Did a white light exam looking for black shavings.
  • The structure was insulated with vapour barrier, miscellaneous items on floor.
  • Came back following day with Sgt. Randy Hooker to do bloodstain analysis, she felt a blood spatter expert would be necessary.
  • She did presumptive blood tests on various items, negative results.
  • A black toque was found between BBQ and a blue tub with possible blood on it, was seized.
  • A white piece of cardboard tested positive for presumptive blood.
  • Did further checks on exterior of garage door, and all screws and nailheads.
  • In afternoon, floor was divided into four quadrants, measured.
  • Went back into residence to do another blood test, came back into garage.
  • Luminol blood reagent sprayed on the floor, several areas fluoresced (it's not a determinative test).
  • From "D" quadrant in southwest corner, rubber markers placed where reactions noted.
  • From "F" quadrant - two areas lit up.
  • "G" Quadrant: one area
  • "E" Quadrant: the northwest corner, a number of areas fluoresced after items moved out of way. SIx separate markers were placed in this area (it butts against overhead doorway).
  • Sgt. Hooker obtained the swabs, several were taken of areas of interest.
  • Sept. 9: A "Star Choice" box in garage presumptively tests positive for blood. A short piece of cut wire "from a cord" is seized.
  • Insulation is tested, negative results.
  • There's a positive test on a roll of clear plastic.
  • Reattended into house to take further pictures.
  • Left scene at 5:35 p.m.
  • Yes, many things appeared initially significant, but ended up being nothing at all.
  • Yes, only a scientist could explain the significance of any results from testing of areas of interest.


Day 10


Agreed facts from Sgt. Randy Hooker 

  • That between Sept. 8 and 9, 2008, did forensic testing in the garage at 703 Prince Rupert Ave. 
  • Nine swabs of items in total were sent to lab for analysis, including four swabs of Quadrant "E."


Dr. Greg Litzenberger, RCMP biology section

  • Gives lengthy explanation to jury on DNA, how it's collected and how it can persist for a long period of time, but can be degraded through natural elements like "freeze-thaw cycle" and active wind and water.
  • DNA cannot be timestamped.
  • That RCMP "presumptive" blood testing through Hemosticks process is not definitive of anything.
  • He did five separate reports in the Davis case regarding analysis he did.
  • He was given a control sample of Davis's DNA to work with.
  • Police sample 435, taken from Quadrant "E" in the garage, was confirmed to be blood.
  • It matched the DNA profile extracted from the control sample from Davis.
  • "The profiles were the same. They matched one another."
  • The statistical probability of selecting an unrelated Caucasian male from the Canadian population that had the same DNA was 1 in 220 Billion.
  • It would be expected that DNA could be extracted from such a small drop of blood.
  • You would "absolutely not" need a pool of blood to extract DNA from blood.
  • He cannot say when the blood drop got there, or under what circumstances.
  • He cannot say if efforts had been made to clean up other blood.
  • Blood can be cleaned up with simple water, depending on how soaked into a material it is.
  • Asked if he's be surprised there was only one blood drop if there had been a "major bloodletting event" in the garage, he says: "Not necessarily, I don't know what happened in the scenario - what happened in the interim - I don't know. Without knowing anything else that happened, you can't make any assumptions on that."
  • Yes, there was staining seen by officers that was not blood.
  • The DNA profile on the toque belonged to an "unknown male" that was not Chad Davis.
  • The blood swab from shower curtain in the house proper was a mixed profile.
  • He was able to extract 1.92 nanograms of DNA from the Davis blood drop.
  • Mold in a grow op could complicate testing.
  • There was no human DNA on the plastic bits he tested.
  • There was no DNA found on the "Star Choice" box despite police asking him to look again when the first test came back negative.
  • Another swab had DNA on it, but not enough to develop into a profile.

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About James Turner

James Turner rejoined the Free Press as a justice-beat reporter in August 2013 after a number of years away working at other media outlets, including the Winnipeg Sun and CBC Manitoba.

A reporter in Winnipeg since 2005, he got his first taste of the justice beat as a former Free Press intern, then as the newspaper's police reporter from 2008-09.

Among the topics he's eager to cover are youth crime, street gangs, child-welfare and how the mental health and justice systems intersect.

An avid blogger and early adopter of Twitter, James (@heyjturner) loves to write long, much to the frustration of his editors.

He despises animal cruelty. He loves 80s music and his tubby labrador retriever.

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