Cross examination application denied in Sagmoen trial: Supreme Court

Evidence expected to be presented in court

During a provincial court case last week in Vernon, the defence for Curtis Sagmoen focused on whether the search warrant police executed on the 38-year-old’s family’s property was obtained on reasonable grounds.

On Monday, Justice Alison Beames determined there was “ample” identification in regards to police executing a search warrant in their investigation of Sagmoen, in September 2017.

By end of day, Justice Beames also provided a same-day ruling on the defence lawyer’s application for cross examination of two police officers.

Last week, defence lawyer Lisa Helps’ central argument was hinged on identification — or lack thereof, as she argued — of Sagmoen as the person who threatened the complainant.

“There needs to be a nexus between the crime committed and the place the police seek to search,” Helps said.

Helps argued there was no such nexus to be found in the Information to Obtain (ITO) document, which police officers filed to a judge when seeking to obtain a search warrant.

READ MORE: Crown delves into Sagmoen’s history with North Okanagan sex workers

She scrutinized an affidavit that contained statements from neighbours of the Sagmoen property, which were used by police as grounds for obtaining the warrant. Those statements she dismissed as “small-town gossip.”

Leaving aside the statements she deemed to be hearsay, Helps argued repeatedly that the only description of Sagmoen police gave to connect him to the crime scene was that he was wearing “a black T-shirt and black pants.”

Monday, Helps pushed for the opportunity to cross examine two police officers regarding the ITO and some notes it contained. Helps said too, the officers introduced the name “Curtis” in several of their interactions with potential witnesses.

Crown prosecutor Simone McCallum said the defence’s reasoning, however, was lacking materiality and factual foundation. She said a cross examination would not likely produce testimony that would benefit the court and the application for cross examination was “premature without factual foundation.”

Justice Beames sided with the Crown.

Sagmoen, who is accused of threatening a sex worker at gun point in August 2017, is expected to return to court this afternoon and his trial is expected to last two weeks.

“Not every breadcrumb of evidence is the smoking gun or the thing that will make or break the warrant application,” said Crown lawyer McCallum, adding that little pieces of identification start to, “build the jigsaw puzzle that brings Mr. Sagmoen within the police’s frame for investigation.”

READ MORE: Crown looks to ‘build the jigsaw puzzle’ on Day 2 of Sagmoen trial

In October 2017, the remains of Traci Genereaux were found on the property of Sagmoen’s family. So far, no charges have been laid relation to her death.


@VernonNews
newsroom@vernonmorningstar.com

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Comments are closed

Just Posted

QUIZ: A celebration of dogs

These are the dog days of summer. How much do you know about dogs?

Pilot project aims to boost entrepreneurial women in the Okanagan

W Venture, a collaborative project, is open for applications until the end of July

Cyclist struck by vehicle in West Kelowna

The cyclist was transported to hospital by ambulance

Police searching for missing Lake Country man

David Anthony Jenken, 65, was reported missing Friday and was last seen on June 28

VIDEO: Musqueam Chief captures captivating footage of bald eagle catching meal

‘This is why we have chosen to live here since time immemorial,’ Chief Wayne Sparrow’s nephew says

Police ramp up efforts to get impaired drivers off B.C. roads this summer

July is dedicated to the Summer CounterAttack Impaired Driving Campaign

Migrant workers stage multi-city action for full status amid COVID-19 risks

‘COVID-19 has exacerbated an existing crisis’

Shuswap resident spots waterspout near Salmon Arm

The rare weather event was spotted early in the morning on July 4.

PHOTOS: B.C.’s top doc picks up personalized Fluevog shoes, tours mural exhibition

Murals of Gratitude exhibit includes at least one portrait of Henry alongside paintings of health-care workers

Okanagan school drops ‘Rebels’ sports team name, citing links with U.S. Civil War

Name and formerly-used images “fly in the face” of the district’s human rights policy, says board chair

Seymour Arm landslide interrupts drinking water to 500 people

The July 3 slide damaged a water system and a logging road.

In troubled times: Independence Day in a land of confusion

Buffeted by invisible forces and just plain worn out, the United States of America celebrates its 244th birthday

Stop enforcing sex work laws during COVID-19, advocates say

There are provisions in Canada’s prostitution laws that make workers immune from prosecution, but not from arrest

Most Read