Ruling expected on admissibility of police evidence at sex assault trial

A judge is expected to rule today on whether certain evidence collected by police investigating an violent sexual assault can be admitted in the accused man’s trial.

A judge is expected to rule today on whether certain evidence collected by police investigating an violent sexual assault can be admitted in the accused man’s trial.

Police allege that a Red Deer prostitute was held against her will and badly beaten on June 4, 2012, by a man who wanted to live out a rape fantasy. The woman’s name is withheld under Canadian law banning publication of the identity of victims of sexual assault.

Nathan Michael Desharnais, 25, is on trial in Red Deer Court of Queen’s Bench before Edmonton-based Justice Adam Germain on charges of aggravated sex assault, forcible confinement and choking with intent to overcome resistance.

Police were called by staff at Lacombe Hospital after the woman’s daughter brought her in for medical treatment.

During cross-examination on Tuesday, the alleged victim became combative with defence counsel Arnold Piragoff.

He questioned her about her criminal record and whether she had ever accepted drugs for sex.

She said her only criminal record is for impaired driving and she had never been convicted of any other offences.

She confirmed that, after the beating, she drove Desharnais to a bank so he could get money to pay her but he was unable to get the cash. She testified that she was happy to get away from him and had not decided at that point whether to call police.

“The man tried to kill me. I didn’t care if I got paid or not. I was just happy to be alive, thank you very much.”

She confirmed for Piragoff that she made a statement to police, but had never read it and doesn’t remember its contents.

“I don’t need to remember the horse—t that happened,” she said. “I do recall that I gave a statement to police. I said the truth, I know that.”

The trial then moved into a voir dire, or trial within a trial, to examine police evidence, including an account of the arrest and audio recordings taken afterward.

Germain is to decide if any of the evidence is to be excluded from the trial proper, including allegations of confessions Desharnais made during the course of the investigation.

Desharnais has been in custody since his arrest on June 5, 2012.

bkossowan@bprda.wpengine.com

Just Posted

Red Deer teacher contracts condemning same-sex relationships ‘not acceptable’

Eggen says Red Deer Catholic Schools assured him they no longer have employees sign the form

Second-degree murder trial on hold until January

Jury not back until Jan. 7 for 2015 stabbing death trial while lawyers argue evidence issues

Hospitalizations jump in Red Deer due to opioid poisonings

Small city hospitals impacted more by opioid crisis

Stray dog spotted in one Red Deer neighbourhood, could be missing for 1 year

Red Deerians asked not to feed this german shepard

Witnesses describe scene of fatal 2016 collision

Delburne man on trial for manslaughter after being accused of causing collision

WATCH: CP Holiday Train rolls into Lacombe

Kelly Prescott performed for hundreds of Central Albertans

Trump comments upend U.S. approach to Huawei, trade talks

WASHINGTON — The United States and China have taken pains this week… Continue reading

WATCH: CP Holiday Train rolls into Lacombe

Kelly Prescott performed for hundreds of Central Albertans

Dumba scores twice, Wild rout Canadiens 7-1

ST. PAUL, Minn. — Reeling and banged up, the Minnesota Wild were… Continue reading

Coach Hunter wants up-tempo Team Canada as world junior squad hits ice

COLWOOD, B.C. — Team Canada coach Tim Hunter says the team that… Continue reading

Study finds female-led films outperform male ones

NEW YORK — A study organized by Time’s Up, the organization formed… Continue reading

Price Is Right contestant wins winter trip to Winnipeg, Churchill

WINNIPEG — Who wants to visit Winnipeg in the dead of winter?… Continue reading

CBC Gem streaming service to launch exclusive content, partners with Wattpad

TORONTO — The CBC has launched a new streaming service featuring live… Continue reading

‘Part of the solution:’ Alberta seeks proposals to build new refinery

EDMONTON — Alberta is looking for someone to build a new oil… Continue reading

Most Read