The Crime Scene
with James Turner
03/8/2014 5:33 PM
As one might expect in a first-degree murder case, there was a lot more going on under the hood than surfaced at the trial proper in front of the jury.
The trial of Corey Tymchyshyn and Kristopher Brincheski for the Feb. 6, 2008 killing of Chad Davis was no different in this respect.
Over the coming weeks, in dribs and drabs as time allows, I'll be presenting a series of posts related to pre-trial issues and other evidence that came up over the many years this case took to investigate and get to a hearing.
By now, it's not news to anyone that the two accused were convicted of the charge and have begun serving their life sentences without a chance at parole for 25 years [or 15 if 'faint hope' is granted].
Appeals are widely expected, but have yet to be filed. It may well be that the decision, presented in full below, could form a major part of any appeal Tymchyshyn may file.
Followers of this blog will know that recaps of the Crown's fascinating circumstantial case were presented in full as much as was possible, and can be accessed here.
Today's post centres on a key 2011 pre-trial decision by Justice Brenda Keyser who, aside from the preliminary hearing in provincial court in 2010, appears to have held conduct of the case from the bail stage right through the trial.
Tymchyshyn moved to have his case severed from that of Brincheski's, largely on the grounds the statement of Alex Brincheski was deemed by him to be uber-prejudicial to him.
In the end, the Brincheski statement was edited at trial by the Crown to remove any comments he may have made relating to Tymchychyn.
Keyser's decision is a quick, but informative, read on the legal hoops needed to jump through in order to sever an accused from what the Crown says was really a conspiracy case where it was impossible to separate the two men's cases.
Note how Keyser signals the Crown was uncertain at this stage whether Alex Brincheski's statement would ever be heard by the jury at all. It wound up being a key factor in the case against Brincheski, by my reading.
03/3/2014 6:22 PM
Just a quick breakdown of what the Winnipeg Police Service helicopter got up to last year. Full report presented below.
- Budgeted: 1,000 flight hours (986.2 flown in 2013)
- Bird Strikes: 3 -- the last being in May 2013 (no significant damage or injury)
- Laser 'attacks' -- 21 between program inception and end of 2013
- Suspects in laser attacks apprehended -- 8
- Noise complaints -- 20 by 17 people (2011); 10 in 2012; 4 in 2013
- Public 'on ground' displays of helicopter -- 4 listed
- Busiest month -- May 2013 (105.7 hours of flight time)
- Average -- 82.2 hours a month flown
- Days of flight time lost -- 61 (maintenance); 32.5 (weather); 20 (staffing)
- Most frequent incident attended -- (domestic disturbance) 283 calls
- Least common -- (Stolen vehicle, abduction, graffiti, bomb threat, shoplifting) 1 each (not inclusive)
- Total incidents attended in 2013 -- 2,793
- Arrests linked to these calls -- 200
- Vehicle pursuits Air1 involved in in some fashion -- 30
- Call for service, busiest month in 2013 -- May (320 calls with 33 calls pre-empted)
- Flight density -- greatest over North and West ends of Winnipeg
- Operational costs billed to the province -- $1.518 million (2013), a rise of $190,621 over 2012
- Rough cost per flight hour to province -- $1,539.24 ($1.58 million divided by 986.2)
02/17/2014 3:00 AM
Two men on trial for a brutal crime: The alleged premeditated murder of a handsome young Winnipeg man, Chad Davis, who went missing for months and was found July 23, 2008 in a barrel pulled from the Lee River.
Corey Tymchyshyn, 37, and Kristopher Brincheski, 31, are accused and presumed innocent.
This is a comprehensive recap of the fourth week of evidence heard in this complex, unusual and largely circumstantial case.
Allegations made in the Crown's opening argument can be found here [required reading, really].
Although long, a close reading of Alex Brincheski's statement below is key to understanding his testimony.
This was the final week of the Crown's evidence, prosecutors have now closed their case and jurors are due back Tuesday [Feb. 18] to see what's next for them.
Alex Brincheski, affirms to tell the truth
Direct testimony, Crown Eyrikson examining
- 25-years old, brother is Kristopher Brincheski.
- The last he and Crown spoke was at the preliminary hearing in 2010
- Not under the influence of intoxicants today.
- Made a statement to police in 2008, and participated in the prelim in 2010
- He got transcripts of the preliminary hearing from Gerri Wiebe, Kris' lawyer.
- He more looked over his police statement, just read "a little bit" of the prelim transcripts.
- "I was just more focused on my original statement."
- His Sept. 5, 2008 statement to police: reviewed it on "friday night."
- No, no threats made to him regarding his in-court testimony.
- Has lived in Lac du Bonnet, grew up there with Kris.
- Kris moved out at age 18, "I'm pretty sure."
- Kris is not living in LDB now, he's married to DS.
- Alex, at age 18-19, came to live with Kris in Winnipeg at 52 Beeston Dr.
- He worked with Kris at "Brincore" roofing company.
- "It was just me, Kevin [Marchand] Kris and Corey."
- He worked replacing shingles, his brother taught him the ropes.
- "Most of the time, I was just usually helping my brother."
- The only nickname for his brother he knew of: "Burn."
- "Skinner" was Tymchyshyn's nickname.
- At that time, a young woman named B.B. was his girlfriend.
- DS had a son that wasn't Kris', believed him to be around 7-8 years old at that time.
- No, wasn't aware of DS and Tymchyshyn ever having an affair.
- No, never saw those two texting back and forth that he's aware of.
- Did not know a person named Chad Davis.
- On Sept. 4, 2008 was living at Beeston Dr.
- Yes, something happened that saw them displaced from the residence.
- He and Kris were working at a roofing job when Kris got a call from DS, saying that "there was police coming to the home for a search."
- He witnessed this call. "He was told the cops were coming to the house to search."
- This was around noon or 1 p.m.
- He and Kris went home to Beeston, might have been a 20-30 minute drive.
- "It was kind of just like out of nowhere" that they were going home.
- "He said that police were coming to search the home, he didn't say exactly why."
- "We got there and he started moving stuff around."
- Yes, it did seem hurried, leaving the job site they were at.
- "He just seemed that he was really panicked."
- Kris was grabbing "miscellaneous items" and putting them in his truck.
- "He said that the had to get rid of Chad's stuff out of the house … cops were coming to search the house."
- "I was just kind of in shock."
- A surround-sound system and a TV was what was grabbed, loaded into the box of his truck.
- He's "pretty sure" Kris didn't say where Chad's stuff came from.
- He didn't help move the items, seemed "wrong."
- "I didn't want to help him move somebody's stuff that was stolen — become an accomplice."
- At that point, he knew Chad Davis wasn't alive, and "not very good" was how he felt about that.
- There was a big-screen TV in their basement.
- "I remember him saying that he bought it but I don't know exactly where it came from."
- He ID's photos of items RCMP took at Beeston.
- They left Beeston and stopped at a 7-11 store to use a pay phone and get a drink.
- He arranged to go to Assiniboine Park where DS and BB were.
- Yes, is fair to say Kris seemed "scared," "frightened" and "frantic."
- "I really didn't know what to think at the time."
- Kris dropped him off at the park, took about 45 mins to an hour to get there.
- He didn't ask where Kris was going.
- "I was more or less just wanting to see my girlfriend."
- DS was having cheerleader practice, BB was watching.
- He felt "a little bit freaked out."
- "I probably did" talk to BB about the incident.
- They were allowed to go back to Beeston to get a couple of things.
- He's unsure today if he and DS discussed what was going on. "We must have discussed it but I can't remember that far back."
- The drive back to Beeston — with DS, BB and a friend of DS's — was anywhere from 30-60 minutes.
- He's unsure if the fact Kris had a dead person's stuff was part of the conversation.
- "It may have. But I can't remember anything we talked about in that car."
- The get there, the place is taped off and police cruisers were there.
- He doesn't remember phoning Kris when he got there. DS or BB "may have" called him, is unsure.
- They were allowed in to get a few things, like a toothbrush and change of clothes, not to "clean out the closets."
- "It was kind of obvious they were doing a search," and Kris had said they were coming to search the house.
- Yes, the only time he actually knew the cops were at the house was when he saw them there.
- The RCMP, for "the most part" treated him with respect.
- They were there for 10-15 minutes, and watched by officers as they gathered things.
- The went to BB's uncle's apartment to stay (He and BB) — can't remember the street name it was on, but says it took about 20-30 mins to get there, was on the other side of the Chief Peguis trial bridge.
- They went there because they needed a place to stay.
- DS was the one who dropped them off.
- She "was as normal as she could be — she seemed a little worried about Kris at the time."
- Said the main doors of the apartment they went to didn't lock.
- Can't remember if BB's uncle's family was informed that Beeston was being searched.
- Yes, he was curious about what Kris may have been involved in.
- He and BB looked stuff up on the internet. "I was a little bit stressed out."
- Can't remember exactly what he and Kris talked about with respect to Davis being missing — can't remember.
- Can't recall having contact with Kris that night. No, didn't try calling him.
- The next morning (this is now Sept. 5) he either texted or called him.
- BB had had his cellphone the day before, that's why the 7-11 pay phone was used.
- Kris knew Alex didn't have any money, so Kris drove to the apartment to give him some money.
- He drove a Ford F-150 truck.
- Kris said he was "sorry about the house being taped off."
- "Just that he was sorry that he dropped this on me."
- To Alex, that meant: "Stuck in the middle of it," that Kris meant it was his "fault you can't go home."
- Yes, anybody would have been curious about these circumstances, but can't remember asking Kris any questions.
- "He seemed like he was in a hurry and I had to go drive my girlfriend to work."
- Kris said "he stayed at a hotel."
- BB worked in the downtown, at the Sears building, doing "phone ordering."
- He then went back to the apartment and called CS, a friend. "I didn't want to sit in the apartment the entire day."
- May have called his parents, isn't sure.
- He had BB's car for the day, and met with CS at his apartment between 10 a.m.-12 p.m.
- They drove around and went to buy weed, maybe an 8th or a 1/4 oz. They smoked some of it in the car.
- "We had a water bong in the car."
- "I'm pretty sure we ended up smoking the whole bag" [that day].
- Believes he gave some to Kris, met up with him at the hotel he was at, possibly the Cavalier.
- Kris walked over to the car, they gave him 1-2 grams. This was somewhere around 10:30 a.m. to 12:30 p.m.
- They didn't discuss the incident at Beeston Drive because CS was there.
- Can't remember telling police or the preliminary hearing about the Cavalier meet-up.
- It may have been in the preliminary hearing he said this, can't be sure.
- They were there for 10-20 minutes, then drove around.
- "I wasn't really that high at that point," had only smoked about 1/2 joint before meeting Kris.
- "Wasn't completely stoned."
- Yes, was a seasoned pot smoker then. He'd smoked it daily at the job sites they worked, before we started around 6-7 a.m.
- They'd work long days, over the course of the day, he'd smoke 2-4 joints.
- "Three to four, maybe."
- He didn't use power tools at the sites. Mostly, he moved shingles, cleaned up, stripped them off roofs.
- Yes, required balance to move shingles up ladders.
- After the Cavalier, he and CS drove around, smoking weed, sharing it equally.
- No, he wasn't concerned about driving, was aware of what's happening around him. He was driving.
- No, they didn't run any lights and had no accidents.
- They went back to apartment, where BB's uncle's partner was "weirded out" by CS being there.
- They went out to sit in the car to continue to smoke up, were there for about two hours.
- "I was pretty stoned at that point."
- They were more or less cautions about being caught smoking up in the car.
- He then drove CS back to his downtown apartment, no runned lights, no accidents.
- This took about an hour, to his knowledge not smoking any more pot.
- Can't remember the street CS lived on, maybe Broadway. They went up to his place.
- He didn't discuss the previous day's events with CS, despite that he was one of his "better friends."
- They were in the apartment for about an hour, no more drugs, no alcohol was consumed.
- He then drove from there to get BB, 10-20 mins away in the downtown.
- He didn't smoke on the way — but is "getting tired, still kind of feeling the effects."
- The bong is on the back seat floor No he didn't want people to see it.
- He often left the bong in the car — "I don't think [BB] enjoyed it being there, but I don't think she minded it being there."
- She got a call from a step-realtive and they went to McDonalds to meet up and get a bite to eat.
- Yes, this was the first time he'd disclosed they'd gone to McD's.
- He had a burger and fries. It took about 45 minutes — it's now about 4 or 5 p.m.
- He and BB went back to the apartment, but doors locked and they had no keys, so they sat outside on the front steps, then walked to the car.
- Two officers pulled up. He felt "burnt out" from the weed and really tired at this point.
- He was feeling some paranoia, but could still tell right from wrong.
- The cops were in suits, in unmarked vehicle. No lights or sirens.
- They ID themselves, were "for the most part" polite.
- They didn't cuff him. Asked he and BB to come for a talk.
- No, not under arrest, not charged with anything.
- They drove at "normal speed" back to D-Division HQ on Portage.
- The conversation in the car was "pretty light."
- He didn't find them intimidating, particularly.
- He believe cops wanted to talk with him because "of our house being taped off — it was because of the search" and Kris's possible involvement.
- They went in the front door of D-Division, into the lobby area and sat down with BB.
- "Tying to both figure out why we were there."
- Was pretty sure it was because of the house being taped off.
- Can't recall giving BB instructions on what to say to RCMP. "It's possible."
- In front of an interview room, RCMP officer took his particulars.
- Yes, there was time when he was with Kris on a roof, on Ashmore St.
- They were alone.
- Yes there were times he was in a vehicle with Tymchyshyn and Kris.
- Yes, there was a time when the truck were in pulled over and Tymchyshyn and Kris got out to talk. He stayed in.
- "It seemed a little bit odd." — "Seemed weird," had never seen them do that before.
- He was with Kevin and watched Tymchyshyn and Kris talk away from the vehicle. Was a 5-10 minute conversation.
- Yes, at the prelim he testified and told the truth
Jury excused briefly.
- Yes, "I felt like I was" being honest with the police on Sept. 5 — "being as honest as I could."
- No, didn't tell the total truth to the police that day, same thing he said in his "recant."
- On Sept. 23, 2008, sent a 1-page document to Wiebe's office (Brincheski's lawyer) to "Recant."
- The main issue "Just the fact that I said my brother was there."
Jury excused briefly.
- The conversation of Ashmore: was just the two of them (he and Kris) there.
- The conversation: "Just that he told me what he figured happened to him … what he knew."
- "He just told me."
- "That that guy had gone to Corey's and that was the last place he had seen."
- Kris had told him about spending the night in "the cop shop," where he was questioned "about Chad," "His disappearance."
- His assumption is Kris was in Winnipeg police custody.
- "He didn't really say anything that involved him directly."
- "He never said anything to me that directly involved him."
- "The only thing that I know of is that his stuff was at his house."
- "He never said he was there. I've been in that garage before too."
- Kris had said "somebody had snuck up on him when he entered the garage."
- "He knew — somebody else had told him."
- "He told me what he thought he knew … what he figured he knew."
- Didn't remember Kris saying anything to him about a barrel. "Not that I remember."
- "No," Kris never said anything about weights being put in a barrel.
- More on what Kris said: "Just that Chad went into the garage and there was someone waiting in there for him."
- Kris didn't say how he knew this information.
- "I really didn't want to be involved in it."
- Kris said "that he was beaten to death."
- "I have no idea" how he knew that.
- Kris came into Chad's stuff: "apparently him and Corey split it up at some point."
- No, Kris never talked about "luring" Davis to 703 Prince Rupert Ave.
- "Yeah," he loves his brother.
Morning break, court resumes
[To spell things out more clearly, am now moving to a mixed Q and A format of exchange between Alex Brincheski and Crown Keith Eyrikson. Note: the answers, not the questions, are the evidence.]
- No, didn't discuss his evidence with anyone over the lunch break.
On the rooftop on Ashmore: Did your brother tell you where the homicide of Chad Davis occurred?
- "Yes he did."
- "Corey's garage."
Was he present when it happened?
- "I don't know." He didn't ask if Kris was present.
Are you sure of that, sir?
- No, seeing his police statement to refresh his memory won't help in that regard.
Not a thing?
It won't help you at all?
And the reason is because you read it already?
Kris didn't tell you the number of people present in Corey's garage?
Did he tell you if he was one of the persons present?
Or tell you he was forced to participate in the homicide of Chad Davis?
- "No he didn't."
[Paraphrased question] Did he mention a storage locker?
- Yes, he did tell RCMP that Kris was present, he concedes.
- "At that time I thought he actually was there."
- A week or two after telling them this, he changed his mind about this.
- "I don't remember him telling me he was there … it was nearing the end of my statement and I wanted to leave."
- Yes, he went into the RCMP room where BB was and talked to her. "They let me go in there."
Did you tell her to tell the police the truth?
- "Yup … I told her to tell them what they wanted to hear — not drag it out."
[Jurors hear Eyrikson tell Justice Keyser the Crown is making an application to her under section 9(2) of the Canada Evidence Act.]
Jurors excused briefly, and then they return.
Alex Brincheski, ctd:
- The only thing he lied to police about on Sept. 5, 2008 was saying that Kris was there. It was to get out of RCMP custody.
- Everything else in his statement was "completely the truth."
- And yes, told police Davis was killed in the garage.
- "According to what (Kris) told me."
- Kris told him the murder happened at Corey's house in the garage, and was telling the police the truth.
He didn't tell you anything about a barrel?
[Eyrikson challenges him with portions of his police statement]
He told you he was there … what else did Kris tell you? What did they do with him?
- "Put him in a barrel."
- Yes, he could have told police he'd heard about this some other place.
- "I was trying to do my best to help them [the police]."
- "I really wanted to leave at that point … I was trying to be as honest as I could."
- Knew that he'd be kept there longer if he didn't tell them something.
- "After, I realized I wasn't being truthful about me saying that he was there."
- He had no idea there were weights put in the barrel. He just made this up.
How many people did you tell police were there?
- "I remember just two."
Police statement: Const. Bairos asks, "who was all there when he was killed?"
A: "As far as I know, it was just him and ...
- "That's what I assumed."
- Yes, he left police with the impression this is what Kris told him directly.
So, you didn't tell police the truth and instead implicated your brother in a homicide?
[He's challenged more on things he told police and the court at the preliminary hearing.]
- "I never asked him how he knew."
- Only "yes and no" wanted to know if Kris was actually involved in the killing.
- "I was worried he was involved in it."
- Yes, he did tell police how Davis died, and that information came from Kris.
- Yes, he was telling police the truth.
- "He never specified if he saw it happening or knew from somebody else."
- He doesn't know how his brother knew this information.
- It would surprise him, yes, that Kris wasn't interviewed by RCMP prior to them approaching him.
- "I just wanted to get it over and done with and leave."
- No, the police never threatened him to say anything.
- "I know, I swear I'm not lying to you now," he told RCMP on Sept. 5, 2008.
- Yes, he was telling the police the truth.
- Yes, he does want to be in court to testify.
"This is what I know. I'm not just guessing giving you false … make shit up just to give you," he told police. "From the most of my knowledge, this is what I know," he said.
- He told RCMP "they took him into the garage" to get out of the police station.
[More challenges on the contents of his police statement.]
Don't you think it would have been more helpful to say, 'you know what — I don't know where he got this stuff from?
- He agrees he never mentioned in his interview that he wasn't certain where Kris got his information from.
- Says his understanding was what he was telling police was to remain between him and the officers.
- Acknowledges that he knew they were videotaping his statement.
Eyrikson, directly: Your brother admitted this homicide to you.
You didn't have any idea … your brother could be arrested for this homicide?
- Said he called RCMP after Kris's arrest to complain about their conduct.
Eyrikson, directly: You didn't know what to do but tell the police the truth that day.
- He and BB returned to the apartment afterwards, yes, RCMP were kind to them.
- Yes, it was a great weight off his shoulders because his brother had confessed a homicide to him and he'd gotten that information out. "Yes."
- He hoped the letter to the lawyer on Sept. 23, 2008 to recant his police statement would be shared with the police and the Crown.
- He wanted the whole thing gone and his statement quashed.
- Agrees that in that letter he never says: "I lied."
- It was "not the total truth" what he told police.
- Yes he could have said that Kris got the information he shared from different sources.
Court recesses for the day and subsequent day.
Day 16 — Alex Brincheski, ctd.
[Jurors are shown the video statement Alex Brincheski gave to police on Sept. 5, 2008]
After it's shown, Keyser warns the jury they're only to use it in their deliberation of the case against Brincheski, not Tymchyshyn.
Cross-examination by Gerri Wiebe, for Brincheski:
- Yes, was 19 at the time came to live on Beeston Drive, Kris was 26. Kris had moved out of the Lac du Bonnet family home when he was 17-18 years old.
- Up until coming to live with Kris on Beeston, hadn't lived with him for 8-9 years.
- He was living in Lac du Bonnet on July 23, 2008 when Davis was found.
- He then lived with parents and his girlfriend, BB.
- BB and the parents had a falling out, so he upped and moved with her in a "relative hurry."
- They moved in with Kris, DS and her son on Beeston.
- Yes, it would surprise him to hear that DS's son was 2-3 years old and not 7-8 as he thought.
- Kris and DS had been together for about a year, and yes they'd had some troubles. But they seemed like a regular couple.
- Yes, their relationship [DS and Kris] was "complicated."
- No, he'd known nothing about roofing, he'd been a butcher at a Lac du Bonnet store.
- Kris showed him the roofing ropes, he was his helper, he'd always work with him.
- 'Brincor' was Kris and Corey's company.
- Had seen Kris use cocaine once right in front of him, got impression he was using more than he saw.
- Kris had spent time at Addictions Foundation of Manitoba rehab.
- Seeing him use cocaine was concerning to him.
- Alex himself was smoking pot pretty much each day back then.
- He and others at work would have "safety meetings" where they'd smoke joints in the car couple times a day.
- The weed would only somewhat affect his ability to work on roofs.
- Yes, he smoked up the night before testifying at the preliminary inquiry.
- Marijuana does not make him slur words, stumble around. The more he uses it the easier it is for him to hide the effects it has on him.
- Yes, weed impairs his ability to make proper decisions, control impulses and what he hears and says.
- Lac du Bonnet in Summer: its population grows, it's a "small town."
- The body found in the barrel was a big deal, yes.
- Rumours swirling about who it was, when it happened and how.
- Before giving statement, he went on the Internet to search out information about the investigation.
[He's asked about news articles, one from July 24, 2008 where it says two men opened a large plastic barrel with holes in it]
- He was aware of this information. Was aware of the men saying they'd been hit by a stench, that industrial plastic was inside, that RCMP went to the location where body was found. It also caused a stir in Lac du Bonnet because several officers in the "musical ride" were called away to the scene.
- He wasn't aware of an article saying Davis was last seen on Feb. 6, but was aware of a report saying Davis had stepped out to give a friend a ride, was last seen in the 700 block of Prince Rupert Ave.
- Was aware of an article quoting Courtney Sych that Davis's disappearance didn't add up and no taxi was ever dispatched to the home.
- It was Kris saying he'd been at the "cop shop" that made him ask him what was going on.
- Kris had said the questioning was about the disappearance of Chad Davis.
- To him, this meant Kris was under police suspicion, so he asked what's going on.
- And this conversation happened on the roof on Ashmore.
- Yes, he's "really confused" about what he told RCMP in his statement.
- Yes, he wanted to help them, and told them the truth, but also lied to them.
- He wasn't happy to be in a police station.
- Past dealings with police had limited his trust in them.
- He didn't feel like he had the right to say no to them.
- He thought that Kris might be involved and didn't want to talk with them.
- He had no way of getting home if he just decided to leave the police station.
- He thought he'd be in trouble for not coming forward with the information he thought he had.
- Thought police may be trying to trick him into confessing something.
"What I'm trying to do here is figure out what you mean when you say you were telling the truth but that you were lying," Wiebe tells him.
- He believed that Kris was telling the truth when he said what he said on the roof.
- At the time of that disclosure, he knew that the body was found in the river, that Tymchsyhyn had been spoken to and it all made sense.
- On Sept. 5, 2008, sats he actually believed Kris was involved because of the "cop shop" comment.
[Wiebe suggests to him that Kris never spent the night in police custody, was in fact trying to cover up an affair.]
- At that time, he believed Kris was involved and it was weighing him down.
- Yes, he was conflicted because Kris was his brother, but he was also angry for the situation he'd been put in.
What you thought you knew about what happened was all intertwined in your brain, Wiebe says.
- "I agree," he replies.
- Says he doesn't have the best memory, it's "pretty average," that on the best of days isn't so good.
[Wiebe takes him through his recollection of what he says he did on Sept. 5 before the interview, points out that several things differ from what he said at the preliminary inquiry, including: he previously said he picked Kris up and they went to buy weed together, that the hotel was the Silverado then, and that he'd said CS was driving whereas in direct he said he was. Also, at the prelim he never mentioned going back to CS's apartment before getting BB from work and that he's smoked 8 or more joints that day.]
- He has a pretty hard time remembering things, especially when he's smoking weed, which is what he was doing on the day of the roof conversation with Kris. He couldn't tell police exactly when or where this conversation took place.
- No, doesn't remember the exact words Kris used in the conversation.
- Yes, it's fair to say that what he heard was "all mixed up" with things he'd read on the internet and town gossip.
- The information he had about the investigation came from a number of different ways.
- He made assumptions when he was asked what was used to weigh down the barrel [he'd told police "Maybe rocks or something, I don't know."]
Wiebe takes him through several passages in his statement, including how he said on Page 15, "I wish I knew, I really don't know how he was killed." and, later, "I don't know" when he's asked how Davis "got his life taken from him."
- He didn't know that the victim was beaten to death, he tells court.
Wiebe continues to point out vagueness in some of his police statement answers.
- After giving his statement, Kris was arrested within a couple of days, he tried to find phoning police to complain that what he'd told them he thought wasn't to be shared.
- When that didn't work out, he sent a "recant" fax to Wiebe's office. He was still angry at the police and blaming them for what happened.
- He didn't want police to think he'd lied to them, and yes he got "a little carried away" trying to help them.
- When blaming the police didn't work, he retained his own lawyer in October 2008.
- He had to get a copy of his statement because he couldn't remember what he'd said.
- He was allowed to go to the Crown's office in January 2009 to watch it.
- He then, with lawyer Kathy Bueti, drew up a 5-page affidavit sworn Jan. 29, 2009 trying to explain what happened.
Wiebe reads it into the record. There are 30 points, including that what he told RCMP was not an "accurate recollection" of events, and that Kris did not say that he was there at the homicide. He also says he felt "paranoid," emotional and "pressured" into saying things so he could leave police custody. He was "coaxed and led" by police to the point he felt he was telling them what they wanted to hear.
- He was just trying to do what he could to make things right.
- Tymchyshyn never spoke to him, ever, about the case.
- It's "correct" that Tymchyshyn never told him anything.
Agreed statement of facts:
- During the initial search of 703 Prince Rupert Ave, heat lamps and small marijuana plants were found under some stairs, in a crawlspace.
- During a search of the garage, tools, including a hammer were found.
- "The hammer was not seized by officers."
Cpl. Christian (Chris) Rouire, RCMP, sworn
- 13 years with the RCMP.
- 8 Years as Major Crime Unit investigator.
- He was "primary" investigator on Davis file, and team commander.
- "This is a large investigation."
- About 70 police officers involved, more than 400 separate tasks.
- Disclosure alone ran from 13,000-15,000 pages.
- "At least" 150 witnesses interviewed.
- No, not every witness called at trial and not all information gathered was presented.
- The RCMP took over WPS missing persons investigation because of jurisdiction [Lac du Bonnet] when Davis was found.
- RCMP met with Winnipeg police, they turned over their missing persons file, "we verified a lot of their information."
- A homicide probe is different than a missing persons one.
- Not every piece of evidence gathered immediately holds significance.
- "We don't know what they may mean but we don't know the importance down the road."
- Yes, on Sept. 4, 2008 Beeston Drive was searched by RCMP, Sept. 5 Alex Brincheski was interviewed.
- On Sept. 4, they had DS in RCMP station, she wasn't arrested and she gave an interview.
- Afterwards, she was in the lobby "using a phone," indicated she was talking to Kris.
- He was told RCMP was coming to secure the home. That was a concern.
- "She may be telling him to get rid of stuff."
- They didn't know where Kris was at this point.
- Kris Brincheski was never interviewed or spoken to by RCMP prior to Sept. 5.
- A civilian employee's check of the RCMP records showed he was never interviewed in 2008 prior to Sept. 5.
[Eyrikson takes him through specific bits of the investigation, it switches gears a bit from here].
- He was the one who checked the numbers for the Super 8 motel on Portage.
- The 810-20** number the "don't miss" text was sent to was a prefix in Manitoba that was "not in service."
- That prefix in Manitoba did not exist.
- On Feb. 6, 2013, he drove the distance from 703 Prince Rupert Ave. to the "Pinawa Channel Bridge" near Lac du Bonnet.
- Left from the back lane at 9:35 a.m., through the city to Highway 59, east onto PR 317, left on PR 11, right on PR 313.
- It took 1 hour and 13 mins to get there, a distance of 116.6 k.m.
- He drove the speed limit, largely.
- "I'm 99 per cent sure it was clear, sunny day that day."
- This is information "we don't disclose." "Don't release to the public." "We don't tell to Chad Davis's family."
- The holdback evidence is used to verify the truthfulness of their witnesses.
- On Sept 5, 2008, holdback evidence included: Cause of death, that objects used to weight barrel down, that a hat was found in the barrel, the description of clothing items.
- The interview with Alex Brincheski on Sept. 5 was the first they'd heard of garage as possible crime scene.
- "That's the first time we heard of it. We never heard anything about it before that.
- Yes, Prince Rupert Avenue was known to the public as the last place Davis was seen [700 Block].
- "We didn't know where it happened until that day."
- DNA results would also be holdback, not disclosed.
- Same goes for the "coiled plastics" such as found in the barrel and cleaning kit.
- He read four news articles from July 24, 2008, 25th, 27th and Aug. 3, 2008 for court.
- Cause of death is not mentioned in any of these articles.
- Nor are metal weights.
- Nor is the garage on Prince Rupert. "Never seen the word garage."
- Rouire says he was never shown results of text messages
- They did talk about phone records, because there were some calls that Lancaster was asked to verify were his. The pages of the records were held by Rouire and shown to him. Lancaster never even held the pages.
- The text messages were not on the records shown to him.
- No, the hammer was not seized from the garage on Prince Rupert.
- "I wish we would have (seized it). At the time, we knew the cause of death was blunt force trauma … could have been anything in the garage … just like the black plastic coils (Winnipeg Police saw when searching Davis's Jeep months earlier), I wish it had been seized."
- He knows Cpl. Forester would have seized it if it was deemed an object of interest. "If there was blood on that hammer, it would have been seized."
- MTS phone records were sought for Brincheski, but the company only keeps them for 90 days.
- Brincheski's name was first ever uttered in connection with the investigation on Aug. 14, 2008.
The taking of Alex Brincheski's statement
- He went up to Alex in the lobby of D Division, was only a few feet away from him.
- Was with him in an interview room for a time.
- In 13 years as a cop, he's become familiar with people who are high on marijuana, the indicia of intoxication.
- Yes, he "absolutely" looks for such signs when interviewing someone.
- "Not at all" was there a smell emanating from Alex.
- "Nothing at all" in terms of indicia he was intoxicated.
The plastic sheeting
- He went online to see if he could locate the "specific plastic" Davis was found wrapped in.
- Learned that material was available for purchase in bulk in multiple lengths and widths.
- "Black on one side, white on the other."
- He knows its sometimes called "Malomar," sometimes "poly,"
- "I call it black and white plastic."
- He went to a hydroponics store and found "like plastic." Store clerk said he could order it in different thicknesses, but only the 6-mm thickness was available.
Exhibits in the case
- "Hundreds and hundreds" of exhibits were seized in the investigation.
- He went online to price out the value of a Breitling watch that was seized. It was worth between $6-7,000 online.
- Davis's Jeep was unavailable to use for the barrel experiment because it had been written off by then.
- Stuart Davis had sold it and the new owner had written it off.
- The actual barrel remains a "biohazard" and could not be brought to court.
- The barrel "absolutely" would fit in Davis's Jeep.
- Phone records weren't obtained by RCMP until early October 2008.
- He wasn't aware that Cpl. Forester didn't measure the inside of Davis's Jeep's hatch. The fact there are wheel-well humps doesn't change his view the barrel would fit in there.
- "You could also fold the seats down and slide it in lengthways if you wanted to."
The plastic bits
- He's shown photos of holes drilled in barrel's lid and of the plastic bits.
- "The remnants — when you drill a hole — the remnants that fall to the ground."
- There were experiments in drilling done on a barrel he sourced that was "as close as I could get" to the original.
- Drill bits were purchased to try and replicated the ones that were seized.
- The RCMP used "two sizes up and down" from a 3/8 drill bit to see what they produced. Different speeds and pressures on the drill were also tried.
- Paper was used to capture anything that fell to the floor.
- The experiments netted remnants "very similar" to what was recovered from the Davis barrel.
- "Speed five with a light pressure."
- No, he's not an expert in drilling plastics.
- Rouire swears the 810-20** number was checked out by RCMP to see if it belonged to someone. He placed a call to the number on Oct. 16, 2008 and learned the number was "not in service."
- "It was checked." It was another RCMP officer — a ranking one who fills out search warrants — who had the task.
- It's not in the police notes that this task was done.
- He agrees Crown evidence can be put into the public domain at bail hearings.
- Phone records obtained in Oct. 2008, bail hearings were held in January 2009.
- "If you go to court" information can get out, he agrees.
[At that time, Lancaster and Tymchyshyn's mother were residing together, says defence lawyer Campbell.]
- Yes, Lancaster said different things to police over the years, some of his statements were inconsistent.
- Yes, he and partner went to serve him a subpoena on Nov. 22, 2013 at a bar.
- Agrees Lancaster said: "He will tell you what he knows when he's done drinking after the weekend."
- "That's what he said."
- In that bar, while he was drinking, Lancaster said "he saw them load him up; that he heard them say 'don't miss;' that he didn't see what happened, but he knows."
- Rouire confirms that nobody would have known about anything that was in the barrel.
- He's confronted with aspects of Alex's statement, how he'd asked Rouire to leave, how at no point does he mention a hat, coiled plastic or specific weights in the barrel. How Alex speculated that the barrel was weighted down by rocks.
- "From what I recall he just said 'weighted down.'"
- When pressed, Alex discloses: "they told me they beat him to death."
- "I believe he said a hard object … I'm pretty confident that he said it was a hard object."
- "He also did not say that he was shot, he did not say that he was stabbed."
- Yes, he agrees phone numbers can change subscribers over time.
- Yes, phone records are an important part of the case.
- There was a number 218-18** that "popped up a lot" on Davis's records, had called him a number of times on Feb. 6, 2008.
- After the "we will be in soon" text (sent from CT's device) at 12:43:55 p.m., There are no more calls from 218-18** on that day.
- The next time that number is on Davis's records is Feb. 9, at 4:09 p.m.
- It's not in the police notes that someone looked into who the 218-18** number belonged to.
- "I'm sure somebody did … somebody would have tried to find it."
CROWN CLOSES CASE
02/8/2014 11:25 AM
Two men on trial for a brutal crime: The alleged premeditated murder of a handsome young Winnipeg man, Chad Davis, who went missing for months and was found July 23, 2008 in a barrel pulled from the Lee River.
Corey Tymchyshyn, 37, and Kristopher Brincheski, 31, are accused and presumed innocent.
This is a comprehensive recap of the second week of evidence heard in this complex and unusual case.
Allegations made in the Crown's opening argument can be found here [required reading, really].
[Note about the phone record evidence: Pictured this week is a timeline chart provided by the Crown to the jury as created by an RCMP intelligence analyst at the direction of the Crown. When considering this evidence, the timeline is a helpful guide to what the Crown deemed relevant to the Davis investigation, but is not a comprehensive listing of all the cellphone activity in the timeframe described. A careful reading of the cross-examination of the RCMP analystbears this out. I have truncated her direct testimony to some degree because it was so detailed and referred to events already mapped out on the chart provided.]
- 55 years old, a carpenter and "jack of all trades"
- In 2012, was living at 1091 Manitoba Ave.
- Usually drank every day after work.
- Five to six beers was his normal routine.
- "No it doesn't" affect his memory.
- "I had a drinking problem" [in the past]
- "I drink very little now."
- After November 2012, he got it in hand.
- "A bit nervous" at testifying in court, before a jury.
- Has 1999 conviction for driving over .08
- Has April 2000 conviction for assault causing bodily harm and fail to comply with undertaking.
- Has two kids, including a daughter, CH
- In Spring 2012, wanted to sell a mitre saw, daughter helped him put ad on Kijiji.
- "Corey" (Tymchyshyn) was interested, he phoned, came down to look at it.
- That turned into a 1.5-2 hour conversation, talked about construction.
- Tymchyshyn seemed interested in hiring him, sold him saw, went to work for him three weeks later.
- He only learned Tymchyshyn's last name later on.
- Early June 2012, started working for him, home exteriors, "all over Winnipeg," and some jobs outside.
- Hours varied from 8 to 12-14 a day.
- He didn't have car nor driver's licence. Tymchyshyn picked him up and drove him home.
- Usually the two were by themselves in the morning, sometimes one other worker. Same at night.
- He was alone with Tymchyshyn for 45 mins to an hour each working day. They'd talk, have coffee in the car.
- Tymchyshyn mentioned things, doing "grow-ops" and what he had done to a person.
- "He had shot a person," put him in a barrel, put him in a river by a cottage.
- "This person was stealing from him."
- No name. "All's he mentioned it was his friend."
- Didn't believe him at first, started to later "because of the threats that were coming to me."
- He understood Tymchyshyn to be on bail - he had a "probation officer" that came to a work site.
- "That made me start to believe what he had told me."
- Says he was in shock. "I didn't believe it at first and then it was coming true."
- On a couple of occasions, his own employees disclosed to him they had committed murders.
- After working with Tymchyshyn for a few months, plan was made to "start a grow-op" at Manitoba Ave. home.
- "Bugging me to do it, to do it - I know he needed money." He bother him several times a day.
- Also promised was work on a machinery business, meaning "steady employment."
- Tymchyshyn said Hallson would get money on the second round of growing.
- The first round's take would go to his lawyer to pay her, Tymchyshyn told him.
- They didn't talk about what he'd get.
- The house was a rental.
- He built "couple of rooms" with walls in basement, walled off furnace and laundry area.
- Used studs and OSB "plywood" to wall them off.
- Also purchased was "white poly" to line the walls and floors and ceiling.
- "For the heat, the light - to make sure it was uniform in the room."
- "I know it was for light."
- It was Tymchyshyn who handled the special lights.
- A door in wall stopped people from seeing inside.
- "The poly came up the door too."
- "They were special, special lights, they had big bulbs, sort of a shield over them"
- They gave off a bluish or pinkish glow.
- "There was 100 plants brought in" by Tymchyshyn.
- Tymchyshyn had a key to the house.
- "I was there at night, but Corey looked after the plants."
[Justice Brenda Keyser issues "special instruction" to jury at this point, saying they had to decide for themselves if Tymchyshyn actually made those comments, to use common sense to do this. They are not to apply any findings from this evidence towards Brincheski. Also, the evidence is only being presented to give them context, and is not to be used by them to imply that Tymchyshyn "is the sort of person" who would commit the crime he's charged with because of his involvement in the grow as alleged.]
- His daughter, CH, would drop by sometimes, to do laundry for him.
- "She seen what was going on," in the basement.
- "She was upset about it."
- Says his girlfriend's name was "Mary Jane," she was staying with him.
- Sometimes he'd have people over to socialize, to party.
- There was a confrontation with Tymchyshyn regarding this activity.
- Tymchyshyn became "very upset."
- "My attitude changed. I wanted out. Wanted nothing to do with it no more."
- In Nov. 2012 - CH shows up at his house. "She was very upset. She was crying."
- They talked about the grow op.
- At first, they were alone, but "Mary Jane" was upstairs.
- Tymchyshyn then became involved and the confrontation "evolved," voices were raised, tempers
- Tymchyshyn said "I had to leave the house," hand over keys and cellphone. Warned to not go to police.
- "He said that he shot his friend and put him in a barrel, so he said I'd end up in the same way,"
- Said he had body bags in his truck. "Garbage bags to dispose of the body,
- He left the house that night.
- He was eventually charged in connection with the grow op.
- There's no deal with federal or provincial Crown attorneys for his testimony.
- Confirms wanted to sell his saw, daughter put ad online, Tymchyshyn responded.
- Yes, they spoke for 1-1.5 hours after meeting each other.
- The delay in starting work for Tymchyshyn was that he had jobs of his own to finish up.
- Working for Tymchyshyn would provide "steady employment."
- He had never met Tymchyshyn before. "Seemed like a nice guy," he agrees.
- No concerns at that time about him.
- The times they worked at jobs varied.
- There were two occasions that Tymchyshyn talked about a barrel.
- He can't say what led to that conversation. "Just came up. Not sure how it started."
- Tymchyshyn "talked a lot."
- Their in -car conversations were mostly friendly, sometimes not.
- The first 'barrel' conversation "just came about" at a time when problems with him hadn't started.
- It was before the grow-op.
- Agrees second confrontation was in presence of daughter, that it was unpleasant and angry, "tempers flared."
- He was angry. Tymchyshyn was angry.
- Repeats how he was told he'd end up in a barrel like "his friend."
- He left the house, and yes, that was an indication of fear. He lost weight because of the stress of the whole situation.
- "I had to leave."
- Says he's had a "significant change" in his drinking.
- Would not agree he's a "chronic alcoholic."
- In earlier testimony agrees he said "a few beers" to him was 10, but that doesn't make him pass out.
- Yes, once in a while had a beer before work in the morning. "Not everyday, not all the time."
- It's not fair to say he went on drinking binges.
- No, the people he invited to the house were not "horrible people."
- "People drank - I don't know what drugs they did." [People at the house he'd invite over.]
- "I'm responsible when I'm drinking, yes."
- Says he does not exaggerate or lie. "No I don't."
- Yes, it wasn't just a saw he was selling online, there were other items too, including a tool rack and a pool table.
- No, he doesn't think "crazy thought" that Tymchyshyn hunted him down on Kijiji.
- On Nov. 2, 2012, he gave two statements, and yes, testified at a preliminary hearing in Feb. 2013.
- Doesn't recall telling cops in first statement he was pissed off at the amount of money Tymchyshyn said he was
- The amount he made with Tymchyshyn's employment varied.
- It's possible Tymchyshyn made a lot of money every day - depends on the job.
- Says he used to own a farm but wound up penniless on the streets. The $250,000 property was "tied up in the
- Yes, he told police he's personally fought Hells Angels and Zig Zag Crew members, and one time, a fight with a
- 300 pound Mad Cowz member left him with a split nose.
- Says "no" when asked sarcastically if he's also fought the Indian Posse.
- Tymchyshyn knew of his son and daughter.
- No, "not very much" did Tymchyshyn discuss his personal affairs.
- He knew Tymchyshyn was on charge for murder because Tymchyshyn told him, plus the curfew he was on and the probation officer turning up.
- "I wasn't a drunk."
- Yes, Tymchyshyn said the shooting he did happened in the country. The buddy was stealing crop in the country and got shot with a rifle. "He said he shot him."
- Yes, it was months before talking to police that Tymchyshyn said this.
- "I'm not sure how long I worked for him before he told me (first disclosure.)
- "He told other people" as well, including Vern. "Vern knew about it, yes."
- He gave cops Vern's name so they could follow up.
- "His wife's name was Nepinak - she was in a landfill somewhere."
- He doesn't remember names of his own employees who disclosed to him they had murdered.
- That's because he's had "so many" people work for him over the years.
Defence [Campbell] - so he tells you he killed the last guy who did a grow op with him and you decide to do a grow-op with him?
- Yes, because Tymchyshyn needed money, that he could help him get tools.
- That $20,000 would be coming down the pipe from a future harvest.
- "I'm not getting no deals."
- Yes, he asked police at first for a deal but they refused, said they couldn't.
- He didn't recall telling police he was crazy and that his testimony wouldn't stand up in court.
- Shown police statement, he says that comment was just "joking around" "a sense of humour."
- "All the things that went on that day, was just joking around."
- "It wasn't something serious."
- The cop was also laughing with him.
- "Very nervous."
- Having to testify has been on her mind.
- She has no criminal record.
- Allan Hallson is her dad.
- In Spring 2012, helped him put ads online to sell things. "He can't operate a computer."
- Believes he ended up selling most of his stuff.
- He was working with Tymchyshyn after the ads were posted, doing "general contracting" construction.
- Met Tymchyshyn for first time at father's Manitoba Avenue home.
- It varied how often she'd visit there. She did his laundry when his washer broke.
- Her first impression of Tymchyshyn was that he "seemed like a decent guy - nice. He always helped my dad out."
- Tymchyshyn drove him to work.
- Her dad tells stories that may not be true.
- "He likes to exaggerate the truth," but isn't worried about him being a "chronic liar."
- At Manitoba Ave. home, saw a light "a UV light .. like a purplish blue light ... there was walls built - new walls
- She thought it was a grow op, "later on" seeing plants. She confronted her father, was "displeased" and told him this.
- She once saw Tymchyshyn at the house and the grow-op came up.
[Justice Keyser issues yet another warning to the jury at this time, basically as noted earlier, above.]
- In summer or fall 2012, she went to Junior's restaurant to meet Tymchyshyn.
- "Corey asked me to meet him."
- She had his number and he hears in case her dad couldn't be reached.
- She texted him to se if he'd heard from dad, he called her back.
- "He said my dad was in a lot of trouble."
- They set the meet at a McDonalds, but then moved it to Juniors on McPhillips.
- "He had asked me if I had ever googled him."
- She hadn't - didn't know how to spell his last name.
- The restaurant was "fairly empty," nobody around their booth to overhear.
- He seemed "kind of anxious and upset."
- "He was upset that my dad was telling too many people about the grow op."
- They talked for maybe an hour about a few things.
- "He told me the last person that fucked up ended up in a barrel."
- She didn't know who he was referring to. It was clear to her that's what he said.
- "It was an odd thing to say. It was a very definite statement."
- She saw the comment being made in relation to too many people finding out about the grow-op.
- He said dad wasn't doing a good job at the grow op.
- She texted him, he provided last name so she googled him.
- After Juniors, they went to Manitoba Avenue, she got a chance to talk with dad first.
- She then saw a confrontation between Tymchyshyn and her dad.
- Her dad left the house "at the direction of" Tymchyshyn.
- She called a friend who put her in touch with RCMP. On Oct. 29, 2012 she met with them.
- The comments about the barrel and their import: "I felt our lives were in danger."
- Confirms her initial impression was Tymchyshyn was decent guy.
- Was "late fall" when that impression changed.
- Was concerned enough about events that she called RCMP.
- It was the barrel comment that triggered in her a need to call police.
- "I felt our lives were in danger."
- Yes, she told RCMP she felt dad was "a major alcoholic" at the time.
- Yes, told them he liked to exaggerate stories.
- Yes, told them he goes on drinking binges and isn't always responsible when he drinks.
- Yes, told them he was always hard up for money.
- Yes, told them that he said "$20,000 in two months sounds pretty good to me," to her.
- Yes, he was hanging with some pretty horrible people at this time.
- Yes, those people used cocaine and drank.
- Yes, it was a matter of weeks between seeing the grow op and going to police.
- Yes, part of reason Tymchyshyn was upset was her dad was showing other people the grow-op.
A female juror is excused from duty for a medical issue. The panel is now standing at five men and five women. Jurors are informed of the woman's dismissal on the record.
PHONE RECORD EVIDENCE PUT BEFORE JURY through:
David Bmak of Rogers Communications
Don Calpito of Telus
Note: the evidence of these gentlemen was largely administrative and foundational to inform jury generally regarding cellular communications, cell towers, SMS messaging.
Through them, jurors were provided with the phone records of the Rogers BlackBerry believed to be used by Chad Davis and the Telus records of the cellphone believed to be used by Corey Tymchyshyn between Feb. 1 and Feb. 23, 2008.
It's important to note: It's impossible to really tell if a call or text these phones produced was actually made by the person the device is linked to. For example, we see through coming evidence that appears George Lancaster [see prior evidence summary] used Tymchyshyn's device on the afternoon of Feb. 6, 2008 to telephone his ex wife and his bank.
Notable, from Calpito's evidence:
- Telus's phone records: "As far as I'm aware, they're extremely accurate."
- There was no Telus service available in Lac du Bonnet in 2008.
- A criminal intelligence analyst with RCMP D Division
- Was tasked by serious crime unit officers with sifting through "overwhelming" amount of phone data in the case.
- Has bachelor's degree in criminology, an MA in sociology, needs dissertation to finish PhD.
- Analysed records from Davis's blackberry cellphone 204-296-6036.
- Provided a listing of cellphone tower sites.
- 995-8224 was the number associated to Tymchyshyn.
- She prepared a "timeline" chart [see photos] on direction of the Crown, for the jury.
- The range of the chart is from Feb. 4-7, 2008, they don't capture all calls or tower hits or texts, only select "notations" from that time period.
- She explains timeline chart, how the lines move horizontally through time.
- She does not know who was actually using the devices, only that raw data shows contact from number to number.
[Defer to chart photographs to understand this - she takes jury through specific items on timeline.]
February 6, 2008, select call records show (times reflect when call hit a cell tower)
(Key: DS Cell/Landline = Brincheski's wife's landline, cell; CT = Tymchyshyn cell; CD = Davis cell)
- An incoming call from DS landline to to CT at 8:30 a.m., 28 seconds duration.
- Outgoing from CT to 204-831-658# at 10:26:38 for 13 seconds.
- Outgoing from CT to CD 10:27:20, 14 seconds.
- Incoming to CT's phone from 204-831-658#, 327 seconds.
- Outgoing from CT to DS landline 10:33:44, 24 seconds.
- Outgoing from CT to CD 10:50:59, 31 seconds.
- TEXT: sent from CT to CD at 10:56:25 - "call me before you come, Kirk mite come by before you."
- Outgoing from CT to CD at 11:05:55, 31 seconds.
- TEXT from CT to CD at 11:07:08 - "Bring a splif."
- TEXT from CT to CD at 11:09:49 - "don't bring poop here."
- Incoming from CD to CT at 11:18:49, 59 seconds.
- Outgoing from CT to DS cell 11:33:40, 40 seconds.
- Outgoing from CT to CD at 12:21:06, 8 seconds.
- Outgoing from CT to CD at 12:26:51, 24 seconds.
- Outgoing from CT to DS cell 12:27:22, 10 seconds.
- TEXT from CD's cell hits a tower at 650 Raleigh St. at 12:41:45 (content unavailable)
- "All further calls go directly to voice mail" - regarding CD's cell.
- From Feb. 3 to this date, 16 calls of CD went to voicemail. After this, all 186 calls go to voicemail.
- "After this day, all calls go directly to voicemail."
- CD's phone was never picked up again after 12:26:51
- "There was no outgoing activity off that device after that time."
- TEXT from CT to DS cell at 12:43:55 - "we will be in soon."
- TEXT from CT to 204-810-2081 - "he's wearing a hat don't miss."
- DS Cell number was 204-801-2081.
- The 810 number was never dialled by CT's phone before or after this date. It was the only time the 810 number came up in the data she had.
- Outgoing from CT at 13:13:08 to S. Lancaster, 23 seconds.
- Outgoing from CT at 13:19:10 to Assiniboine Credit Union, 88 seconds.
- Outgoing from CT at 13:31:54 to Assinibojne Credit Union, 62 seconds.
- Outgoing from CT at 13:36:38 to S. Lancaster, 28 seconds.
- Incoming to CT from DS Cell at 13:47:13, 9 seconds.
- Outgoing from CT to ? at 14:12:39, 47 seconds
- Outgoing from CT to ? at 14:17:29, 21 seconds
- Outgoing from CT to DS cell at 14:2?, 18 seconds.
- TEXT outgoing from CT at 16:23:33 - "like my underwear."
- TEXT into CD's phone at 19:14:32 - hits off a tower in Selkirk/St. Andrews area.
- There are no other calls on CT's phone between 15:07 and 17:48
- "There are no phone calls" - for three hours and 24 minutes there's no activity with CT's phone.
- At 19:51, 53 and 55 three calls totalling 170 seconds hit off tower at 311 Partridge St.
- At 19:56 and 19:58, two calls totalling 67 seconds go in to CT cell off King Edward and Notre Dame tower.
(it goes on like this for a while - see Crown timeline)
- On Feb. 7 at 13:24 a TEXT from CT states: "not sure bro, all I know is he need me to pick him up in a few days."
- On Feb. 7 incoming TEXT from woman, TG to CT at 22:29 states: "Hey I talked to Courtney, and I just played dumb to everything. She doesn't think I have your new number either, so if anything's said, just pretend we haven't talked."
- CD's phone never gets a call from DS landline or cell in the records Tillotson had.
Court adjourns to deal with an issue with the cell-tower map
DAY 13 - Court not sitting
Tillotson, direct continued.
- Takes jurors through the cell tower map [see photo]
- States it's "absolutely not" easy to make changes to the map because of the complexity of how data compiled.
- Lawyers for Brincheski introduce their own chart of phone records.
- Agrees there's a lot of numbers and names not included on the Crown's timeline.
- 14 numbers are listed off, two she was unable to confirm subscriber information for after checking RCMP database records. Checking the subscriber information was not part of what she was tasked with.
- "Fair to say" it's difficult to just look at the data and sort it all out.
- "I've never been asked to do a full call analysis on this file."
- Was provided phone numbers of interest and asked to plot them on the timeline.
- Questioned about the "various numbers" line on the chart, asked why it was done this way.
- Without it: "The chart would have gone on to infinity."
- The 810 ("don't miss") text was left hanging on the timeline because it was so similar in nature to the 801 number.
- She can't recall being asked to look for subscriber information for the 810 number.
- There's an error with one of the numbers for the Super 8 motel on the chart.
- Between 9:44:58 on Feb. 6 and 10:21:38, CT's phone makes 8 calls to various people/voicemail that aren't on the chart.
- There's discrepancies in the "duration" of calls between CD and CT records.
- This is because outgoing calls start clocking when ringing starts on other end, clock on other end when answered.
- (For example, CT's records show a call to CD at 11:05:55 that lasted 31 seconds, while CD's records show it was a 6-second call that went to voicemail.)
- CT's records were used for the timeline for continuity "across the board."
- Davis's records show he made/received a number of calls that morning not on the timeline, including to RMG at 12:05:41 and five calls to/from SW between 11:39:33 and 12:21:50.
- She wasn't asked to add those on the timeline.
- "That's not a number I was provided" (SW's).
- There's an instance on chart where number for S. Lancaster is incorrect by one digit.
- She was only provided "very limited" information about the RCMP investigation, attended briefings. Did not have access to witness or other statements.
- On the (suspicious?) texts that were included on the timeline: "They stood out as being unusual."
- There were several calls between CT and KZ that day that weren't mapped.
- This includes a 74-second call at 11:27:40 and another at 11:42:43
- No, these calls were not included on the timeline meant to assist the jury.
- "The request from the investigators at the time was very limited and specific."
- A call from AB at 21:04:20 should have been mapped to the "various calls" line, not to DS cell as the timeline indicates.
- For Feb 4, CT's device got/sent 37 total calls and 4 texts were sent. On the chart only three of the calls were plotted, and no texts.
- For Feb. 5, CT's device got/sent 23 total calls and 15 total texts, 5 calls were plotted and one text for the timeline.
- On Feb. 6, CT's device got/sent 69 calls total and 12 texts.
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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