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    Convicted killer to proceed with mistrial application, says lawyer

    YYC TimesBy YYC TimesFebruary 4, 2023No Comments2 Mins Read

    Article content material

    The lawyer for convicted little one killer Justin Bennett will transfer ahead with an utility for a trial someday this fall, greater than two years after he was convicted in his stepdaughter’s loss of life.

    Article content material

    Protection legal professional Greg Lazin instructed Court docket of King’s Bench Justice Glen Poelman on Friday that he would schedule the listening to when his consumer’s case returns to court docket subsequent week.

    Article content material

    Bennett (29) was convicted by Nixon in March 2021 of second-degree homicide within the loss of life of Ivy Wick.

    When the case was in court docket final November, Lazin, who solely got here on the file final 12 months, stated he was working to find out whether or not he would make a mistrial movement on his consumer’s behalf.

    Though he didn’t say what the character of his trial utility can be, prosecutor Tom Spark indicated that the Crown anticipated Bennett to say that his trial lawyer, Allan Fay, was not representing him correctly.

    Accordingly, Spark requested Lazin to submit a written consent from Bennett waiving legal professional/consumer privilege in order that Fay may very well be questioned about his dealings together with his former consumer.

    Nixon discovered Bennett responsible within the Oct. 5, 2017, loss of life of three-year-old Ivy, discovering that his confession to an undercover officer throughout a so-called Mr. Massive-stitch was compelling.

    Bennett was arrested by the officer the day after his recording on September 6, 2018. Consequently, he shall be in custody for a minimum of 5 years earlier than his case is resolved.

    KMartin@postmedia.com

    On Twitter: @KMartinCourts



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