Murder conviction quashed
Appeal court says he was deprived of legal advice
Susan Lazaruk
The Province
Tuesday, October 02, 2007
http://www.canada.com/theprovince/news/story.html?id=75c35d4a-a764-4056-829d-865b86bf0114
CREDIT: Times Colonist file photo
George Osmond is escorted by sheriffs during his 2005 trial for the
murder of 13-year-old Kayla John.
CREDIT:
Kayla John
The B.C. Court of Appeal has thrown out a first-degree murder conviction
against a Zeballos man who had confessed to beating, knifing and strangling to
death a 13-year-old girl.
George Osmond, now 24, was convicted by judge alone in December 2005 in the
murder of Kayla John in April 2004.
Her body, naked below the waist, was found in a shallow grave behind her mobile
home and covered with scrap lumber and branches. She had been sexually
assaulted and Osmond's DNA was found under her fingernails.
The murder of Kayla -- described by neighbours as spunky and joyful and a
regular at Bible class -- followed by Osmond's arrest two weeks later and a
subsequent three-week trial shook up the town of 250 on the west coast of
Vancouver Island.
After his arrest, Osmond appeared to think he could talk his way out of the
situation, telling police he knew what he was up against because he had taken
"Law 12" in school.
He was persuaded to call a lawyer but spoke only briefly with a long-distance
on-call lawyer, who warned him not to say anything to police or cellmates while
he spent the weekend in custody.
He was not referred to a Zeballos-area lawyer or allowed to ask for help from
his father.
Instead, he was interrogated by police in lengthy videotaped interviews during
which he tearfully ended up confessing.
The three-judge appeal court ruled that his age and lack of sophistication at
the time of the murder, as well as the inadequacy of the legal process,
effectively deprived him of the right to full access to a lawyer without delay,
guaranteed under Section 10 of the Charter.
The appeal court ordered a new trial.
"It's kind of a shock," especially for the girl's Ehattesaht First Nations
family, said Chief Fred Adams. "It's kind of putting a little doubt in the
justice system."
Kayla had been home alone, sleeping in her sister's bed in the unlocked family
mobile home in Zeballos. Osmond, who lived nearby, later admitted he hopped
into the bed expecting to find Kayla's older sister there and beat the girl
after she "freaked out" and hit him.
It's unlikely that Osmond's confession will be allowed as evidence at the new
trial, according to the appeal court ruling.
Colleen Steele, the mayor's receptionist, said the new trial is "going to bring
out all the old feelings. People aren't going to want to go through this all
again."
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