Defence for accused serial killer seeks public opinion on high-profile case

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This article was published 14/02/2024 (570 days ago), so information in it may no longer be current.

Defence lawyers for accused Winnipeg serial killer Jeremy Skibicki have commissioned a poll to gauge public perception of their client, whose case has been the subject of intense media coverage since 2022, in advance of his trial in April.

The survey, conducted by national polling firm Mainstreet Research, features more than two dozen questions about Skibicki, who is charged with four counts of first-degree murder in connection with the deaths of four women.

A spokesperson for the firm confirmed it is conducting the poll on behalf of Legal Aid Manitoba, whose lawyers represent Skibicki.

Boris Bytensky, a defence lawyer in Ontario who is president of the Criminal Lawyer’s Association in that province, said it’s “not unheard of” for an accused’s lawyers to commission such a poll.

“You might want to take a poll to show that the residents of that area are likely to be encumbered by things they’ve already read about the case, or by opinions they’ve already formed.”

Bytensky, who said he is not familiar with the details of the Winnipeg case, said such polls are typically used in high-profile cases. Defence teams sometimes use the results to request a trial take place in a different venue or province to avoid a prejudicial jury, he said.

Skibicki has pleaded not guilty to the slayings of Morgan Harris, 39, Rebecca Contois, 24, and Marcedes Myran, 26, and a fourth unidentified woman known as Buffalo Woman.

The victims are Indigenous and news of their slayings sparked outrage in Manitoba, including repeated demands from victims’ families and Indigenous leaders to search Winnipeg-area landfills for human remains. Partial remains of Contois were found at a landfill south of Winnipeg, while police have said they believe the remains of Harris and Myran are at a landfill north of the city.

The subject was a highly publicized component of the former PC government’s re-election campaign last October.

The poll asks respondents whether they have a positive or negative view of Skibicki; whether they have formed an opinion about his guilt; which political party they subscribe to; and whether they think the alleged crimes were motivated by money, gender, status or race.

It also asks respondents to rank their position on a variety of possible defences and how acceptable they would find a not-guilty verdict for Skibicki based on them.

The listed defences include not criminally responsible by way of mental disorder, problematic DNA evidence and self-defence.

The survey is being conducted in a probability-poll format, in which respondents are randomly selected via text messages or phone calls and then asked to complete the survey online, Mainstreet Research said.

Theoretically, any person in Manitoba could be selected as a respondent.

“They may be taking the temperature on some arguments that are under consideration and it may help them make a decision about whether to pursue one type of strategy as opposed to another,” Bytensky said.

Data collected in the poll could also be presented to a judge in an effort to win the defence more influence over the jury-selection process, he said.

Skibicki’s lawyers had argued he should have the right to be tried by a judge alone, and not a jury, but the request was denied by a judge.

Cambria Harris, daughter of Morgan Harris, voiced anger in response to the survey in a social media post.

“What’s disheartening is how ignorant this survey is to the families who are currently actively going through the stress and grief everyday,” she wrote.

The Assembly of Manitoba Chiefs condemned the poll in an email statement, saying it “trivializes the seriousness of the case and disregards the dignity of the victims and their families.”

“We urge for respectful and diligent legal proceedings that prioritize justice for the victims and their First Nations,” a spokesperson wrote.

Neither Legal Aid nor the Mainstreet Research would reveal the cost of the poll.

Funding for Legal Aid is primarily provided by the Manitoba government, the latest annual report shows.

“In each and every request for disbursements… counsel must provide an explanation setting out the legal basis for the request, the anticipated outcome and why it is vital to their defence,” Legal Aid executive director Peter Kingsley said via email

“Counsel must also provide a detailed expense estimate to ensure that the public funds, which are granted to Legal Aid Manitoba, are used as efficiently as possible.”

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Kingsley said lawyers are obligated to explore every avenue of defence for their clients, regardless of whether they are difficult or unpopular.

Bytensky agreed.

“The public should feel more confident that the justice system works when we are able to do our job fearlessly and effectively because if there is a finding of guilt despite the best efforts of capable defence counsel, then you know the system has really worked,” he said.

Jury selection for Skibicki’s trial is set to begin April 25, with the proceeding getting underway on April 29.

tyler.searle@freepress.mb.ca

Tyler Searle
Reporter

Tyler Searle is a multimedia producer who writes for the Free Press’s city desk. A graduate of Red River College Polytechnic’s creative communications program, he wrote for the Stonewall Teulon Tribune, Selkirk Record and Express Weekly News before joining the paper in 2022. Read more about Tyler.

Every piece of reporting Tyler produces is reviewed by an editing team before it is posted online or published in print — part of the Free Press‘s tradition, since 1872, of producing reliable independent journalism. Read more about Free Press’s history and mandate, and learn how our newsroom operates.