2016-12-16 Sparring over broken wrist bogs down Travis Vader sentencing hearing | CBC News
Published by Bretton McCann,
Sparring over broken wrist bogs down Travis Vader sentencing hearing
"They inflicted it needlessly. Deliberately. They covered it up. That's what I'm telling you'
Janice Johnston · CBC News 27 Minutes Ago
Convicted killer Travis Vader claims guards at the Edmonton Remand Centre broke his wrist. The Crown spent hours challenging the allegations Friday. (CBC )
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Travis Vader's sentencing hearing was supposed to wrap up Friday, but the end is nowhere in sight.
Vader has been found guilty on two counts of manslaughter in the July 2010 deaths of Lyle and Marie McCann.
The 44-year old has been on the witness stand since Tuesday and was being cross examined for a third day.
- Vader sentencing: Second McCann killing 'close to near murder,' Crown argues
- 'Thrown to the wolves': Travis Vader testifies about violence and humiliation in custody
Vader says he was subjected to "cruel and unusual punishment" while in custody at the Edmonton Remand Centre. He is hoping Justice Denny Thomas will rule his constitutional rights were violated and reduce his sentence.
The Crown is challenging Vader's claims of mistreatment at the centre.
Hours of court time was spent dealing with an incident Vader claimed took place on Jan. 7, 2011, when he says he was removed forcibly and violently from his cell, his wrist breaking in the process.
'They inflicted the pain'
"They inflicted the pain," Vader testified. "They broke my wrist."
Crown Prosecutor Ashley Finlayson repeatedly pointed out there was no incident report filed that referred to Vader's broken wrist.
He entered a report from Vader's medical file of a wrist x-ray that was taken in more than a year and a half after the alleged incident. It showed no fracture, or bone or joint abnormality.
Vader repeatedly insisted he told the guards who hurt him what they had done.
"They inflicted it needlessly. Deliberately. They covered it up. For sure they did. That's what I'm telling you."
Finlayson plans to call remand centre guards to testify. He told Vader guards may suggest the incident "happened in self-defence."
'They beat me with batons'
Vader angrily replied from the witness stand: "When they finally did break my wrist, they beat me with batons. I don't know how they're trying to defend themselves at that point.
"They were in riot gear with helmets, shields, padding, the whole works."
Vader's lawyer, Nate Whitling, finally objected to the Crown's line of questioning.
"I really have to request now that Mr. Finlayson move on from this subject. We've heard this 15 times now."
"You want to hear me trip up or say something different," Vader added. "I'm not going to say anything different. It happened."
The judge ordered the Crown to move onto a different subject.
Once Vader's cross-examination is finished, his lawyer will have the chance to question Vader again on redirect.
The Crown plans to call witnesses to refute Vader's claims which may not happen until next week. It's unclear if the hearing can be completed before Christmas.
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