Video of accused talking to police can’t be used at ecstasy trial: judge

STONY PLAIN — A judge has ruled that a video in which a youth admits to police that he gave ecstasy to a girl can’t be used as evidence at his trial.

STONY PLAIN — A judge has ruled that a video in which a youth admits to police that he gave ecstasy to a girl can’t be used as evidence at his trial.

The 17-year-old male, who can’t be named because of his age, is accused of drug trafficking.

Two of three teenage girls who overdosed on the drug in March 2009 on the Paul reserve west of Edmonton died in hospital.

Trinity Dawn Bird, who was 15, was pronounced dead after being taken off life support and 14-year-old Leah House died a day later.

Youth court watched the video Wednesday in which the teen also tells an officer he didn’t sell ecstasy to the girls that night — or to anyone else at any other time.

Judge Justina Filice, who is hearing the case alone, says the video can’t be used as evidence because neither the teen’s lawyer nor his parents were present during questioning.

RCMP Cpl. Troy Hadland continued the interview even after the suspect, who was 16 at the time, tried to invoke his right to silence three times.

“I’ve got a couple of questions I want to ask you anyway,” the officer said.

The girls overdosed on the drug during a wedding celebration. Trinity’s grandmother told court her granddaughter spoke to her moments before medical help arrived.

“I asked her what was wrong with her and she told me she took three ecstasy pills,” Lorna House testified. “I asked her who she got it from and she said 1/8the accused 3/8.”

A police officer testified earlier this week that Trinity was already having difficulty walking when he found her.

Const. Robert Kluz said he was responding to reports of a fight, but was quickly told that some teens had ingested pills.

He said he found Trinity sitting in a van and observed she had difficulty when she tried to get to an ambulance.

“She had trouble walking, very weak….she threw up.”

Parkland County paramedic Anya Howard testified that before Bird lost consciousness she was able to speak with her.

“I asked her how many pills she had taken. She replied that she took three ecstasy pills,” Howard said. “She started throwing up and as she was throwing up she became unconscious.”

A friend of the girls has also testified. The girl, now 14, told court that she was at the same wedding celebration, paid the accused $20 and saw him give two purple pills to her friend from a bag of about 20. She believed the pills to be ecstasy.

The girl went into a washroom where she took a pill and began to feel “lost, scared, confused and afraid.”

She testified she also saw Leah and Trinity in the washroom. Leah told her she had also taken ecstasy and was feeling frightened.

“She was telling me that something was wrong and that she was going to die.”

The girl said Trinity was already high at that point.

The trial has been adjourned until Sept. 10th.

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