2016-06-22 Crown urges judge to convict Vader | St. Thomas Times-Journal
Published by Bretton McCann,
News Canada
Crown prosecutor urges judge to convict Travis Vader of killing St. Albert seniors
Wednesday, June 22, 2016 9:29:15 EDT PM
An Edmonton judge was asked Wednesday to come to the "inescapable conclusion" that Travis Vader murdered an elderly St. Albert couple who vanished six years ago.
In his closing argument at Vader's first-degree murder trial, Crown prosecutor Ashley Finlayson told court the evidence shows Vader was driving the seniors' SUV and using their cellphone on the day they vanished and said the fact his DNA, blood and fingerprints were found in the SUV is "crucial" and "overwhelming" evidence.
Finlayson also argued that Vader's denial to police of any involvement in the killings and his "lack of explanation" for why his DNA and fingerprints were in the SUV further strengthens the case.
He said the Crown theory is Vader was a "broke and desperate individual" who killed the McCanns during a "violent confrontation" while trying to steal their property to feed his drug addiction.
Related - Travis Vader's DNA found in several spots in SUV belonging to missing Alberta couple
When asked by Justice Denny Thomas why the charge was first-degree murder, Finlayson said the Crown position is that after Vader killed one of the McCanns in the armed confrontation, he "deliberately" killed the other to get rid of any witnesses.
Finlayson rejected the defence suggestion there is no proof the McCanns are dead and said the blood spatter evidence shows there was a "violent blood-letting" near the SUV. He also pointed out that nobody in the "close-knit" McCann family has ever heard from the couple and there has been no activity in their bank accounts.
He also dismissed defence evidence of witnesses seeing the McCanns after they were believed slain and placing Vader elsewhere.
Defence lawyer Brian Beresh is scheduled to make his final argument Thursday. However, in a filed written submission, he said the Crown has "fallen woefully short" of proof beyond a reasonable doubt.
Beresh argues the Crown's DNA evidence is not conclusive and says all that can be inferred is Vader had some "incidental contact" with the SUV in July 2010, but not that he was ever inside the vehicle or driving it.
He also suggests there is a possibility Vader could have found the abandoned SUV and cellphone after the "true killer" detached them from the McCann's motor home or was given them by someone else.
Beresh called the evidence of the Crown's star witness, Dave Olson, "very suspect" and "purchased" by the RCMP and said that also applies to two other key Crown witnesses.
Vader, 44, is charged with two counts of first-degree murder for the July 2010 deaths of Lyle McCann, 78, and Marie McCann, 77.
Related - Ex-girlfriend of accused killer Travis Vader tells court she believes he was using crystal meth
The St. Albert couple was last seen on July 3, 2010, leaving a Superstore in St. Albert while en route to B.C. for a family camping vacation. Their bodies have never been found, but their blood was on items discovered in their SUV.
Their motorhome was found ablaze and abandoned at the Minnow Lake campground near Edson. The Hyundai SUV they were towing was found July 16, 2010, in the woods on a rural property east of Edson.
During the 50-day trial, Vader's ex-girlfriend, Amber Williams, testified she received texts from Vader about 2:15 p.m. on July 3, 2010, with phone records showing the cellphone used was the McCanns and was transmitting off a cellphone tower north of Peers.
Olson, a former drug buddy of Vader's who is now under RCMP protection, testified an "extremely agitated" Vader showed up at his Peers home on the afternoon of July 3, 2010, in a light green SUV that looked like the one belonging to the McCanns.
Related - Man under RCMP protection tells Edmonton murder trial he saw Travis Vader driving SUV similar to missing couple's vehicle
In cross-examination, Olson admitted the RCMP paid him $24,000, saying the money went toward relocation, food and lodging. But, when later asked why he was testifying, he said: "Because it was the right thing to do. They could have been anybody's grandparents."
The Crown alleges the seniors were murdered sometime in the early afternoon of July 3, 2010, in the Edson-Peers area, about one hour and 40 minutes driving time from Edmonton.
However, the defence called several witnesses who testified they saw the motor home they believe was the McCanns at the Minnow Lake campground on the day after they were supposedly killed, with one woman claiming she saw Marie McCann outside the motor home.
Another defence witness testified Vader was at her Edmonton home on the afternoon of the day the McCanns were allegedly slain.
Image: 1 of 22
Lyle and Marie McCann, ages 77 and 78, left their St. Albert home on July 3, 2010, en route for holidays in B.C. Two days later, their burned RV was found near Edson, Alta., about 200 kms west of Edmonton. Travis Vader, 41, was accused of their murders, those charges were stayed on Wednesday March 19, 2014. The McCann's bodies have yet to been found. Family Hand Out Photo
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