2016-05-12 Travis Vader trial: Defence witnesses cast doubt on Crown's murder timeline | CBC News
Published by Bretton McCann,
For almost six years, the public has been led to believe Lyle and Marie McCann were last seen alive on July 3, 2010.
It was a Saturday, and the elderly couple was captured on video surveillance at the St. Albert Superstore that morning purchasing groceries and buying gas.
Now, during Week 11 of Travis Vader's first-degree murder trial, defence witnesses have testified they saw the McCanns at two campgrounds west of Edmonton, that Saturday afternoon and Sunday.
They are stunning claims, especially since Vader is accused of murdering the couple on July 3.
'She caught my eye'
Barb Gray and her husband were camping at the Wolf Lake campground that Canada Day weekend. On Saturday afternoon, the 64-year-old walked through the campground to collect some firewood. She had to stop at the road to let a teal green SUV drive by.
She was closest to the passenger side of the vehicle and peeked in the window at the woman sitting in the passenger seat.
"She caught my eye because she looked like a neighbour, a widow we knew out in the country. My first thought was she found somebody to travel with," Gray testified.
'It could be part of the puzzle. You don't know.' - Barb Gray, witness
Gray described the woman as looking straight ahead with a very serious expression on her face.
On the witness stand, she was shown a photo of Marie McCann and confirmed that's who she saw in the SUV.
She didn't get a very close look at the male driver, but described him as an elderly man, around 70 years old with "grayish" hair. Gray also testified the vehicle was very clean and was going very slowly.
"I could have walked faster," she said.
At the time, Gray's daughter wanted to purchase an SUV, so Gray checked the back of the vehicle to see if there was a tow bar. That's when she noticed the licence plate and made a note of the final three digits: 289.
The McCann's SUV license plate ended in 289.
The next day, Gray and her family left the campsite around 10 a.m. to return home. She was perturbed to find a large RV blocking the entrance and exit to the Wolf Lake campground.
"What caught my eye was it was in the way and it had a nice colour," she said.
Gray testified the passenger side of the RV was parked right up against the bush. Her description of the vehicle matches the McCann's motorhome.
Lyle and Marie McCann. (CBC)
She finally decided to contact the RCMP with her information in September 2010 after seeing numerous pleas through the media to come forward with any information.
"It could be part of the puzzle," she said she thought at the time. "You don't know."
2 more witnesses see McCanns the next day
Clarence and Patricia Foisy were celebrating their 46th wedding anniversary on July 4, 2010 with a family dinner at the Minnow Lake campground, about 25 minutes away from Wolf Lake. Eighteen people were invited, including the Foisy's daughter-in-law, Debbie Foisy.
Foisy testified that sometime between 3 p.m. and 5 p.m. that day, she spotted a large RV towing an SUV pull into the campground. She said the vehicles made a circle and pulled around nearest the dock.
"I saw a woman get out of the vehicle," she said. "The woman unhooked the SUV and the motorhome circled again and parked."
Foisy was keeping a close eye on her young children at the time. She spotted the woman a little while later and described her as in her mid-60's, a "short lady" wearing light blue or turquoise slacks, a light-coloured blouse with runners and a visor that shaded part of her face.
She didn't get a very close look at the man.
"When I saw him he was under the shade of the awning," she said. "He might have had a ball cap on and dark clothes."
Foisy said she thinks he was setting up a camp stove on the picnic table.
Defence lawyer Brian Beresh asked, "Was there anything to suggest to you they were in some sort of distress?"
"No," she replied. "They were setting up their camp like anybody else."
Debbie Foisy testified she saw Marie McCann at the Minnow Lake campground on July 3, 2010. (Janice Johnston/CBC)
Foisy's sister-in-law, Gwendolyn Yakimovich, also testified with a somewhat different version of events.
She claimed the motorhome and the connected SUV pulled into the campground around 4 p.m., made a circle and then drove away. Yakimovich said the two vehicles returned soon after, but they were detached. She watched as the SUV pulled in after the RV and both vehicles parked in a stall directly across from her.
About an hour later, she saw the SUV leave the campground. By the time Yakimovich left that night at 8 p.m. she said the SUV had not returned.
After enjoying beautiful weather on Sunday, Foisy and her family were disappointed with pouring rain on Monday. They decided to pack up and go home around noon. Foisy said she remembers seeing the motorhome "parked crooked", but doesn't recall seeing the SUV.
All three women who testified for the defence had originally been subpoenaed by the Crown. Outside court, CBC asked prosecutor Ashley Finlayson why he never called them to testify.
"We ran out of time," Finlayson said. "We had about another 40 witnesses to call and just didn't have the time. So we had to make some decisions."
Defence lawyer Brian Beresh said he plans to call more civilian witnesses on Friday to testify, hinting they spent time in Edmonton with Vader on July 4, 2010.
It appears the defence will argue the accused killer was nowhere near the Minnow Lake campground when the McCanns were allegedly last seen alive.
Vader faces new criminal charges
Meanwhile, Vader is facing new legal problems. He was taken back into custody on Wednesday night by Edmonton Police for allegedly violating his parole conditions.
Now, he's been charged with break and enter to commit theft at Sentag Trailer Manufacturing. The owner of the company confirmed to CBC three bundles of copper wire had been stolen from the facility, worth approximately $850.
Vader is also accused of driving a stolen truck. His girlfriend, Samantha Dandeneault, told CBC she was with him at the time of the arrest and said he was the victim of police brutality.
"They took him down so hard they broke his monitoring ankle bracelet," she said. "And it's attached by a steel band."
Before court began on Thursday morning, the victims' son, Bret McCann, said Vader was making obscene gestures towards him, and that Dandeneault asked if they were happy Vader was back in custody.
McCann said he told her, "Yes. Absolutely."
At that point, he said Dandeneault suggested the family should move to the other side of the courtroom. A sheriff had to remove Vader to the cells area to calm him down.
The McCann family remained in the spots they have occupied throughout the trial.