R. v. Barton, 2011 ABQB 492

Court of Queen ’ s Bench of Alberta Citation: R. v. Barton, 2011 ABQB 492 Date: 20110802 Docket: 110732047P1, 110732047U1 Registry: Edmonton Between: Her Majesty the Queen - and - Bradley David Barton Accused Restriction on Publication: By Court Order, the evidence taken, the information given, the representations made and these reasons for decision may not be published, broadcast, or transmitted in any manner, until the accused is discharged after the preliminary hearing, or, if the accused is committed to stand trial, until the end of the trial. See the Criminal Code , s. 517.

Editorial Notice: The restriction ended on March 18, 2015. _______________________________________________________ Reasons for Judgment of the Honourable Mr. Justice Brian R. Burrows _______________________________________________________

[ 1 ] Mr. Barton is charged with the second degree murder of Cindy Gladue on June 22, 2011. He seeks judicial interim release pending his trial. [ 2 ] Mr. Barton is a long haul truck driver. He is 43 years old. He has no criminal record. He has been in a common-law relationship with his partner for 10 years. They rent a home in Mississauga, Ontario. His partner ’ s two adolescent sons live with them. Mr. Barton also has adolescent sons of his own who live with their mother and with whom he has very frequent access time. [ 3 ] Mr. Barton has been employed by his current employer for 17 years.

He specializes in moving household furniture across the country. He owns his own tractor trailer. His gross annual earnings are about $300,000. He has significant expenses including payments on his tractor trailer and another vehicle which he owns, the monthly rental on his home, the household expenses of his family, and the child support of his sons. [ 4 ] On Monday, June 20, 2011, Mr. Barton registered for a room in the Yellowhead Inn in Edmonton. He was in Edmonton in the course of a long haul moving trip. That night he employed the services of a sex trade worker, Cindy Gladue.

He obtained her phone number. [ 5 ] He spent the evening of Tuesday, June 21, 2011, in the lounge of the Yellowhead Inn with two other men beginning at about 7:30 p.m. At about 11:30 p.m. Ms. Gladue joined them. At about 12:30 a.m. the group left the lounge. Hotel security video shows Mr. Barton and Ms. Gladue and another man, who was working with Mr. Barton on the trip, entering the room registered to the other man shortly after they left the lounge. That co-worker has told police that Mr. Barton asked him if he “ wanted a piece of the action as this female was a prostitute ” .

He declined. [ 6 ] Very shortly thereafter Mr. Barton and Ms. Gladue are seen on the video leaving that room and going toward the room registered to Mr. Barton. The police report suggests that the door to Mr. Barton ’ s room is not in the security camera ’ s view. Mr. Barton and Ms. Gladue are not shown in the video after they reach the halfway point of the hallway. [ 7 ] Video shows a male believed to be Ms. Gladue ’ s boyfriend enter the same hallway at 5:27 a.m. The police report says, “ The male disappeared once he reached the halfway point of the hallway.

This male was seen reappearing at the halfway point of the hallway at 5:31 a.m. and leaving from where he had entered. ” [ 8 ] Police interviewed that person, Steven Reid, the next day. He told police he had been Ms. Gladue ’ s boyfriend for three years. He said he and Ms. Gladue had met Mr. Barton in the hotel parking lot on June 20. Mr. Barton had told him the number of his hotel room and Mr. Reid had written it down. Ms. Gladue had gone with Mr. Barton into the hotel. She came back a while later with money which she used to buy crack cocaine. Ms.

Gladue had returned to the hotel on the evening of June 21 and Mr. Reid had seen her and Mr. Barton outside the hotel smoking. Mr. Barton gave Mr. Reid $5 to buy beer for himself and Mr. Reid left the hotel. At 3:00 a.m. he called the room where Mr. Barton was staying, the room number of which Mr. Barton had told him. He asked to speak to Ms. Gladue and thought he could hear her in the background. The phone was cut off and he did not speak to her. He went to the hotel room. He could hear moving around inside the room. He knocked but there was no answer. He went home. Mr.

Reid has a lengthy criminal record. [ 9 ] Security video shows Mr. Barton walking in the parking lot of the hotel at 7:40 a.m. It was possible for him to leave his room and enter the parking lot without coming into the range of the hallway video camera which recorded his image the night before. Video from another camera shows him entering the lobby of the hotel and checking out of his room. About 10 minutes later he returned to the desk where he had checked out and obtained the key to the room from which he had checked out. He returned to the room. He called 911 from the room. The police attended.

When they arrived Mr. Barton was sitting on the bed. [ 10 ] Police found Ms. Gladue ’ s body in the bathtub in Mr. Barton ’ s room. She was naked. There was blood smeared on the sides of the tub and the wall. A later autopsy indicated that she died as a result of blood loss due to a perforating sharp injury to the vagina – likely a stab wound caused by a knife. The medical examiner estimates that Ms. Gladue would not likely have remained alive beyond an hour after suffering the wound.

[ 11 ] Police questioned Mr. Barton. He said that he and Ms. Gladue had engaged in sexual contact, which had included his inserting his hand in her vagina. He noticed some blood. She said she was menstruating. She had gone to the bathroom. He fell asleep and discovered her body in the bathtub when he woke up. [ 12 ] Police observed drips of blood that went from the toilet area to the tub. A bag containing women ’ s clothing was under the counter in the bathroom. There was a large amount of blood on the sheets of the bed which were in a pile on the floor between the bed and the bathroom.

There did not appear to be any blood on the bed itself. The medical examiner found no evidence that Ms. Gladue was menstruating. He found no defensive wounds on her hands. [ 13 ] Occupants of two nearby rooms said they heard a loud bang, as would be produced by a door slamming, at about 2:00 a.m. One of these witnesses said he heard arguing between a man and a woman around that time. [ 14 ] One of these witnesses also said that he saw a couple enter Mr. Barton ’ s room at about 9:30 p.m. At that point Mr. Barton was in the lounge.

The record of cardlock entries into the room does not include any entry at 9:30 p.m. [ 15 ] A co-worker of Mr. Barton ’ s (not the one who was registered in a nearby room) arrived at the hotel that morning and met Mr. Barton. When he met Mr. Barton, Mr. Barton told him that a woman was lying dead in the bathtub of his room. His co-worker told Mr. Barton that he had to call police. He accepted his co-worker ’ s advice, returned to the hotel desk, asked to be allowed back into his room, returned to the room, and called police. [ 16 ] In this application the onus is on Mr.

Barton to establish on a balance of probabilities that it is not necessary to deny him release and detain him until trial because of any of the three grounds set out in s. 515(10) of the Criminal Code . The Crown submits that his detention is necessary on all three grounds. [ 17 ] Evidence filed by Mr. Barton indicates that if he is not released pending his trial he will suffer severe financial damage. He will lose the vehicles he uses in his work because he will not be able to keep the monthly payments up. He and his wife will lose their house for the same reason.

He will not be able to pay his child support. [ 18 ] Counsel advised me that the preliminary inquiry has been set for five days commencing April 30, 2012 - nine months from now. Counsel and police had availability earlier, in February, but the Provincial Court did not. Counsel advised me that there might be earlier availability if it was absolutely necessary. If Mr. Barton is committed to stand trial, it is unlikely the trial in this Court could be scheduled before the late fall of 2012 or early 2013.

He faces as much as a two-year wait for trial. [ 19 ] As to the first s. 515(10) ground, the Crown ’ s concern is that it would be difficult by conditions of release to sufficiently reduce the risk that Mr. Barton would abscond since he has no connection with Alberta and his work takes him great distances from his home. However, he has deep roots in Ontario - his home, his wife, his children, his job - and the materials indicate that he can confine his work with the same employer to short haul trips entirely in Ontario and be in his home each night.

I am satisfied that he does not need to be detained because of the risk that he will not appear in the Alberta criminal proceedings against him. The existing risk can be sufficiently reduced by conditions. [ 20 ] As to the second 515(10) ground, the Crown ’ s concern is that the horrific nature of the killing of Ms. Gladue itself demonstrates that without doubt the person who killed her is a dangerous person. Mr. Barton had exclusive opportunity to commit the crime. He disposed of the murder weapon.

Until advised by his co-worker to call police he appears to have been intending to leave the scene and take his chances on being connected to Ms. Gladue ’ s death. These features of the case support the conclusion that Mr. Barton is the dangerous person who killed Ms. Gladue and that his detention is therefore necessary for the protection of the public. [ 21 ] The Crown ’ s position on the third ground also relies heavily on the assertion that Mr. Barton had exclusive opportunity to commit the crime – i.e. that the Crown has a strong case.

The Crown submits, correctly, that the other elements to which s. 515(10) (

c) directs the Court ’ s attention are present in sufficient strength that the conclusion that detention is required on that ground is at least theoretically supportable.

[ 22 ] But, there are some possible weaknesses in the assertion that Mr. Barton had exclusive opportunity. Chief among them is the involvement of Mr. Reid and his acknowledged presence at the room in the early morning hours. In my view, this feature of the circumstances coupled with the fact that Mr. Barton has no criminal record establishes that there is no need to detain him on the second ground of s. 515(10) .

It also removes the case from the small class of cases in which it is necessary to detain an accused person on the basis of the third ground. [ 23 ] I am satisfied that it is not necessary on any of the grounds listed in s. 515(10) to deny Mr. Barton judicial interim release pending trial. I grant him judicial interim release. The conditions of his release shall be: 1. That he enter into a recognizance in the amount of $15,000 cash deposit. 2. That he keep the peace and be of good behaviour. 3. That he appear before the Court when required. 4.

That he report to an adult bail supervisor in Edmonton within one business day of his release and within five business days of his release or such longer time as his Edmonton bail supervisor may permit, that he report to a bail supervisor in Mississauga, Ontario and thereafter report to that Ontario bail supervisor in the manner and with the frequency directed by the Ontario bail supervisor. 5. That he surrender his passport to his Edmonton bail supervisor within one business day of his release and not apply for any passport or travel documentation during the duration of the order. 6.

That he reside at his home address in Mississauga, Ontario, the address of which will appear in the formal order, and not change his address without prior notice to and written permission from his Ontario bail supervisor. 7. That he observe a curfew of 11:00 p.m. and 5:00 a.m. daily and make himself available for spot checks such as telephone calls to, or police or bail enforcement official attendances at, his residence during those hours. 8. That he not be in possession of any firearms, ammunition or explosive substances, nor of any “ weapons ” as defined in the Criminal Code . 9.

That he not possess any controlled drugs or prohibited substances. 10. That he abstain from the consumption of alcohol and any non-prescribed drugs and that he not attend any premises which exist primarily for the purpose of selling or serving alcohol. 11. That he provide a breath, blood or urine sample upon the demand of a peace officer having a reasonable suspicion that he has breached the abstinence provisions of the order. 12.

That he maintain his employment but not accept any assignment in his employment that would require him to travel outside the Province of Ontario or to be unable to return to his home in Mississauga each evening in order to comply with condition #7. 13. That he have no contact, direct or indirect, with any witnesses whose names shall be listed in the formal order.

13. That he have no contact, direct or indirect, with any witnesses whose names shall be listed in the formal order. 14. That he return to the Province of Ontario within no more than five business days of his release and not leave that Province, except as provided in the next condition, without the prior written permission of his Ontario bail supervisor. 15. That he not return to the City of Edmonton except for the purpose of attending Court or conferring with his defence counsel with respect to this matter. 16.

That he report to his Edmonton bail supervisor at least once per week by telephone at a time directed by his Edmonton bail supervisor. 17. That he report to his Edmonton bail supervisor in person at least four business days preceding any Court appearance in this matter where his personal attendance in Court is required. 18.

That he surrender himself to the Edmonton Remand Centre at least 24 hours before the commencement of his preliminary inquiry and before the commencement of his trial and remain in custody for the duration of both proceedings unless otherwise ordered. [ 24 ] If counsel wish to suggest any additions or alterations to these conditions they may contact me by telephone conference call. [ 25 ] When the formal order is prepared I direct that it is to be accepted by both the Clerk ’ s office and by the Remand Centre officials even though my signature and that of counsel may be photocopies or fax reproductions on the copy of the formal order presented.

The formal order shall contain a provision to this effect. This is necessary because I am assigned to sit outside the City of Edmonton in the week of August 2 and accordingly will not be available to sign the order in person. Heard on the 29 th day of July 2011. Dated at the City of Edmonton, Alberta this 29 th day of July 2011. Brian R. Burrows J.C.Q.B.A. Appearances: Carrie-Ann Downey for the Crown

Dino Bottos for the Accused