EDMONTON - Another prosecution against Travis Vader failed Wednesday when he was acquitted of uttering threats because a judge had concerns about a correctional officer’s testimony.
The officer claimed the 42-year-old Vader threatened his life while incarcerated at the Edmonton Remand Centre in July 2012.
However, that officer’s testimony didn’t convince provincial court Judge Ferne LeReverend. Among other concerns, she said the officer’s account did not match the incident report he filed. "Because of the difficulties I have with the testimony of Officer Pierson, I am not satisfied by a reasonable doubt."
Pierson’s first name is being withheld at his request because of security concerns.
On July 22, 2012, court heard the inmate and officer had an argument through a cell door about Vader’s access to disclosure from prosecutors.
At one point, Pierson testified, Vader told him that once released, he would find the officer and kill him.
"I knew I was under a microscope and there’s no way I’d be dumb enough to make that comment," Vader testified. "I’m not the smartest guy in the world, but I’m not that dumb."
Vader admitted he’d insulted Pierson during the conversation until he "was good and p--- ed off." Pierson denied he swore at Vader or threatened him because of a lawsuit Vader was preparing against correctional officers.
It is not the first time that charges against Vader have failed to secure a conviction.
Murder charges against Vader in the disappearance of Lyle and Marie McCann were stayed in March. Lyle McCann, 78, and wife Marie, 77, disappeared in July 2010 while en route to meet their daughter in B.C. After the charges were stayed, Vader filed a million-dollar lawsuit that alleges malicious prosecution.
In October 2012, a mistrial was declared in a separate trial after Vader was convicted of eight drug and firearms-related offences. At the time, court heard that full disclosure was not given to his defence by prosecutors. He is scheduled to be re-tried on those charges on Sept. 8.
In February, Vader filed a $150,000 lawsuit against the RCMP and claimed they set him up on a false charge of obstructing justice. That charge was also stayed shortly before it went to trial.
rcormier@edmontonjournal.com
