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The lawyer of homicide suspect Anthony Karl Kurucz can grill the accused assassin’s ex-wife about attainable involvement of their toddler son’s loss of life, a decide dominated on Wednesday.
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Courtroom of King’s Bench Justice Glen Poelman mentioned protection lawyer Darren Mahoney reached the edge of “a way of actuality” when he tried to query Brylee Cyluck as a third-party suspect within the sufferer’s loss of life.
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Mahoney famous Cyluck was within the dwelling shortly earlier than three-month-old Jayden Cyluck-Kurucz suffered vital head accidents that induced his loss of life.
The lawyer additionally identified that Cyluck was a suspect within the minds of the police, who referred to as a Mr. Massive operation on each her and the accused, earlier than specializing in the alleged killer Anthony Karl Kurucz.
Kurucz is charged with second-degree homicide within the loss of life of his son on April 27, 2018.
Mom left the home half-hour earlier than the defendant referred to as 911, proof reveals
Mahoney argued “there’s a window of time” the place Cyluck was at dwelling the place little Jayden’s accidents might have been inflicted.
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Crown prosecutor Hyatt Mograbee steered that the decide ought to rule on the admissibility of a confession that Kurucz made within the Mr.
Mograbee argued that if the assertion is admitted, Kurucz’s confession definitively establishes him because the assassin.
“The defendant in that operation, on the finish, admits that he induced the catastrophic accidents that may take Ms. Cyluck out of the equation,” she mentioned.
However Mahoney mentioned even when the assertion goes in, he’ll argue it isn’t adequate to ascertain his consumer’s guilt.
“You’ll nonetheless need to weigh the so-called confession,” mentioned the lawyer.
Mahoney mentioned Kurucz’s feedback to an undercover officer don’t rule out the likelihood that Cyluck was answerable for the deadly accidents.
“I am going to nonetheless make that argument whether or not the Mr. Massive proof goes in or not.”
The truth that the case was not earlier than a jury, Poelman mentioned, makes it much less problematic to permit such questioning of the mom.
“I’m glad that there’s sufficient actuality to allow the defence, and naturally the Crown, to current Ms. to query Cyluck in regards to the time she spent with the kid and what she did with the kid within the time interval taken instantly round him. critically ailing.”
Cyluck is anticipated to take the witness stand on Thursday.
KMartin@postmedia.com
On Twitter: @KMartinCourts
