Trial, Week 5: Summary - August 23


WEEK 5: AUGUST 20 - 23, 1996

   * Day 20: Mon. August 19 - no report yet   * Day 23: Thursday, August 22
   * Day 21: Tuesday, August 20               * Day 24: Friday, August 23 
   * Day 22: Wednesday, August 21


Edited by Roz Royce and Trond Halle, from notes by Trond Halle (Defendant)

Posted by FreeMedia

FRIDAY, AUGUST 23, 1996 - DAY 24

Abbreviations used in notes:

DC = Don Campbell (Defense)
SF = Shelagh Franklin (Defense)
GW = George Wool (Defense)
ST = Sheldon Tate (Defense)
MA = Manuel Azevedo (Defense)
HR = Harry Rankin (Defense)

LB = Lance Bernard (Crown)
JF = Jennifer Fawcus (Crown)

J = Judge

ST - Ron sick and has waived rights.

LB - Next witness (#21): Cpl. Richard Carrothers (RC) - 1971 on force. In Kamloops Forensics Identification Section. LB wants witness recognized as a fingerprint expert because of evidence he will give. GW recognizes RC as an expert. From 1978 onward, he took various courses and since, has worked in ident. sections and has given evidence in provincial and federal courts. His qualifications made Ex. 188. He gathered evidence with Cpl. McLarnon at Gustafsen Lake as a team. Other team made of Clark and ?. His job was mainly to take pictures. McLarnon took video. He and partner concentrated on encampment area. On Sept. 11 he went to Checkpoint Bravo. He took photos of APC's. Later he took more photos of APC Red at airport hangar. On 15 Sept., went to Chilliwack Air Force base and took more pictures of tires. New binder marked Ex. 13. Took most of the photos. 94-97 of damaged vehicle, APC Red which had several flat tires and had its steering components damaged so that it couldn't drive. 97 shows red paint scrapes and 100 shows damage to steering - wheel was dragging on road instead of rolling. 103 - edge of steel plate with damage; 104 - is top of front skid plate; 105 - door hatch with dent; 106 - CU of doorway with 3 marks on edge from something striking it; 107 - hole at edge of top hatch; 108 - same, facing the right side of vehicle; 109 - sign on vehicle says "Police", RC says all APC's had signs; 110 - railing of commander's hatch made of aluminum missing chunk; 112- 113 - left hand mirror has hole and mirror broken; 114- 115 - Right hand top hatch with hole on edge; 116-117 - general orientation pictures of vehicle; 122 - hole in right hand mirror; 123 - chipped paint off vehicle, notes that there were many chips on vehicle where something had struck metal; 124-125 - more chips off paint; 257-260 of APC on flatbed trailer wrapped in orange tarp in hangar; 261 - right front corner of APC with chips in metal muffler guard, above wheel well and near mirror bracket; 263 - front shock assembly; 264 - chips off shock absorber; 265 - RH side of APC, behind muffler, chips off paint in three spots; 266 - CU of 265, 2 chips; 267 - chips off lifting eye; 268 - chips off muffler guard; 269 - CU of 267 chips and metal fragments, 2 marks behind tire; 270-272 - CU of chips on welded seam; 273-274 - top right side edge of APC above wire rack with chips; 277 - impact marks on same as 276 behind 2nd wheel on right hand side; 278-279 - chip behind wire rack on right side; 281 - behind on right side, remains of bullet on propeller blade; 282- 283 - CU of propeller blade; 284 - different blade with marks; 285-289 - back of APC, mark on upper right; 290- 2 - CU of rear man door with 2 chips on handle; 293-294 - missing paint on door hatch assembly; 295-296 - left rear corner of APC with chip on propeller guard; 297 - ?; 298 - 4 marks around wire mesh; 299-304 - CU of 298; 305-306 - impact on left side of APC; 307-309 - impact on wheel hub with base of lodged bullet visible; 310- 314 - chips around commander's hatch; 315-318 - impact brown streak on sidewall of tire and entry hole. That's it for photos taken in Kamloops air detachment hangar.

MB/ Cpl. Carrothers cont'd. - The following photos were taken at Chilliwack Air Base. Met Prendergast, civilian from Vancouver that assisted him. Shots of APC being lifted off flatbed, then of APC on jacks so they could remove tires. 321-323 - constant velocity joint with marks; 334 - hole through shock assembly; 335-337 - CU of shock. RC hadn't noted this before. 338-41 - run flat insert like hard rubber donut. These inserts inspected for damage. Bullet fragments found next to steel rim - 1st made Exhibit (Ex.) 189. Doesn't know which fragment came from which tire. 343-346 - other tire with hole, but no fragments found; 347-350 -puncture next to tag on other tire; 351 - same tire. Other fragment came from tire #1. R002 came from 2nd from front right tire from run flat insert - Ex. 190. Remaining photos taken by Cpl. Clark of another vehicle. Red APC had total of 24 strikes at Kamloops hangar. After tires were removed, found 2 more strikes for total of 26 strikes. On Sept. 11, he also took photos of people coming out of camp at checkpoint Bravo. Book #7 brought out. Identifies photos he took there and at 100 Mile House airstrip as 138-143. 152-155 taken at 100 Mile House Detachment. On Sept. 12, at 100 Mile House, he was given two portable radios to check for fingerprints. Found no suitable prints. Radios requested by Grey, but exhibit area was opened by Sarich. On Sept. 13, received from Leslie... Court stood down as JoJo is in apparent pain as he clutches his chest. He can't walk properly. As jury goes out, Jones says, "We have to find out about the needles given to my son. We'll have to take it to the UN or somewhere and Canada will be held responsible."

Lunch taken early at noon.

L/ Jones comes in says it's time to call Ramsey (Clark). When asked if defenders should join Jones in jail, he replies, "No or they will get the same thing as JoJo got. You'll get needles stuck into you. This is what happens when you stand up for constitutional rights. We're dealing with something very sinister here. They have to deal with constitutional law here. And international law."

Jury and Carrothers brought back in.

LB - Received items from Cst. Leslie - ? quantity rounds 22-250 ammo, 2 banana clips given to him for analysis. From Sept. 18-22 he returned to Gustafsen Lake and took photos. Was with McLarnon. Gehl and Clark in same general area but not exact same scenes. He took aerial photographs from helicopter of encampment from lakeside. New album (Book 2) handed out to jury. First batch of photos of encampment. 425 - encampment; 426-429 - knoll where rocks had been piled to create position of concealment; 420 - triangle structure with rocks; 427 - cabin; 418 - track leading to lake with round pit dug 1.5 metres deep; 424 - Sundance arbour; 424 - structure on hill; 412 - camp area from above; 410 - relation of cabin to lake. More pictures of camp, pits, and lots of trees. 403-404 - vehicles in photo are police cars. More photos of the same. Lots of photos. He's finally done. Ground photos now shown in Book #3 - Ex. 9. OJ would like to ask a question. GW says no. Pictures of vehicles, cabin, and every variation of above. Jones is nodding off and Suniva says he looks like Yoda. Hollow structure mentioned that had live bullets inside. Man in photo described as spiritual leader that was supervising sacred objects. More photos of camp, fencelines, rocks, logs, grass, air, water, dirt, you name it, he photographed it. Found Dad's root beer bottle on knoll with tape wrapped around it and cloth sticking out. When he emptied liquid inside, he smelled something that smelled like gasoline. Photos of found empty ammo boxes, spent 12 gauge casing, "trench" near lake and surrounding area. AB/ Carrothers continues identifying the many photos taken around the camp. Photos of stakes in ground to indicate spent casings found. Rest of the photos he took are gone through. Photo 875 of "trench" shown on aerial photo as being near lake, south of camp. Also points out round excavation that is just being started near camp on west side. Pit also pointed out near fence east of camp. LB asks about apparent pipe bomb. RC there for detonation on 19 Sept. at 14:30. Blown up near Sundance arbour. They put pipe onto chicken wire and chain link fence which they suspended above tarpaulin. Following explosion, they were able to retrieve some fragments. Later, he was given weapons found in tree hole and latrine. On Sept. 28, he tested items for fingerprints including Parker Hale hunting rifle and AK47. Used crazy glue cyanide method. Build chamber and put warm water at bottom. Fumes raise and form white build up on any fingerprints found. Can take anywhere from a few minutes to a few days. Had a smaller chamber which he tested magazines and bullets on. One 22-250 had a palm print. None were found on the weapons. At scene, McConaghy handled weapons just to ensure they were safe. He instructed him and Demerais to wear gloves while handling weapons. RC explains this crazy glue method superior for getting prints of weapons. He hoped to get prints off AK because it was wrapped in electrical tape, but he wasn't successful. He says the best weapons for lifting prints off are ones with stainless steel surface, but others not very good. He lifted electrical tape off AK which he tested with biological stain. He immersed them in stain and then put photo fluid on them. Then he pressed tape onto photographic paper for a long time. Print may then develop on the paper. This was successful in lifting one finger print from the stock. He looks at Ex. ?, AK and confirms it is the same. Only difference is tape is missing. He again explains method adding that since the image is reversed, he photographed it and reversed it. He matched photograph to James Pitawanakwat. Print was found on the sticky side. This procedure the only one he knows of to get prints off electrical tape. Notes that only a small portion of the fingerprint is visible but the characteristics are clear. He has prepared form on how he came to conclusion. GW objects that the jury doesn't need to see the particulars of every accused including their charges. J agrees with GW and says the same could be done by cutting off the bottom of the form. GW says RC can explain how he compared fingerprints to those of the accused and how he made his conclusion. GW says he isn't trying to hide anything from the jury, it's just that the police take fingerprints and then add a bunch of remarks. J again agrees. Last page of form with fingerprints is removed so jury only gets prints - Ex. 191. LB has him go through document. RC shows how he matched blown up photo of ink prints taken from accused and unknown print. Each print has characteristics and on this match up, he found 10 identical characteristics. Electrical tape picture marked Ex. 192. Explains that fingerprints are like snowflakes and mapleprints - no two are ever the same. There are many similar characteristics that remain the same from before birth to decomposition after death. On Oct. 6/95, he took a number of boxes of weapons and casings that he got from Cst. Leslie and Cpl. Clark that he gave to Insp. McConaghy.

With five minutes to spare, HR says he'd rather not start cross-examination today.

   * Day 20: Mon. August 19 - no report yet   * Day 23: Thursday, August 22
   * Day 21: Tuesday, August 20               * Day 24: Friday, August 23 
   * Day 22: Wednesday, August 21