PRINCE GEORGE 鈥 Jury members can find an accused serial killer guilty of first-degree murder even if they believe his testimony that others were responsible for the deaths of three women, says a sa国际传媒 Supreme Court judge.
Justice Glen Parrett continued to give his final instructions Tuesday during the Prince George, sa国际传媒, trial of Cody Legebokoff, who is accused of killing Jill Stuchenko and Cynthia Maas, both 35, Natasha Montgomery, 23, and 15-year-old Loren Leslie.
Legebokoff testified a drug dealer and two accomplices, identified as X, Y and Z, killed Stuchenko, Maas and Montgomery, but he was 鈥渋nvolved鈥 in their deaths because he provided the weapons.
Parrett said Legebokoff鈥檚 actions could constitute first-degree murder if the jury finds he 鈥渁ided鈥 in the women鈥檚 killings by handing the men weapons and knowing what would happen.
Legebokoff has refused to identify X, Y and Z, and Parrett said the Crown must have also proven the three committed first-degree murder before finding Legebokoff guilty of the same offence.
By refusing to provide their names, Legebokoff has 鈥減revented the police and the Crown from verifying the story and indeed their existence,鈥 said Parrett.
鈥淵ou are entitled and obliged to consider that, both in assessing the accused鈥檚 overall credibility and his credibility in relating the story about them to you,鈥 Parrett continued.
Parrett told jurors that if they find evidence from separate murders to be so similar that the killings were likely committed by the same person, they can use that evidence in making a decision.
But he warned jurors they can鈥檛 use the evidence from count to count to infer that his 鈥渃haracter or disposition is such that he is likely to have committed the offences as charged in the other counts.鈥
Parrett said they must be satisfied beyond a reasonable doubt to reach a guilty verdict.
He also went through the forensic evidence uncovered during the investigation.
In his closing statement last week, Crown counsel Joseph Temple urged the jury to reject Legebokoff鈥檚 story as well as the one he gave about the death of Leslie, the partially blind teen whose body was found Nov. 27, 2010, off a logging road north of Vanderhoof, sa国际传媒
Stuchenko鈥檚 body was found Oct. 26, 2009, partially buried in a gravel pit, and Maas鈥 body was found Oct. 9, 2010, in a park.
Montgomery went missing sometime in late August or early September 2010 but her body has never been found.
In his closing argument last week, defence lawyer Jim Heller argued the jury should find Legebokoff guilty of second-degree murder in all four deaths.
On Monday, just before Parrett began to deliver his instructions, Legebokoff attempted to plead guilty to second-degree murder, but
Temple dismissed the plea and continued to seek first-degree murder convictions.
Parrett said he expects to wrap up his instructions to the jury Wednesday before its deliberations begin.