Cross examination application denied in Sagmoen trial: Supreme Court

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

Just Posted

Amanda Parsons, a registered nurse on staff at the Northwood Care facility, administers a dose of the Moderna vaccine to Ann Hicks, 77, in Halifax on Monday, Jan. 11, 2021. THE CANADIAN PRESS/Andrew Vaughan-Pool
61 new COVID-19 cases, two more deaths in Interior Health

Twenty-nine people are in hospital, seven of whom are in intensive care

Cody Younker was sworn in as a city councillor in 2018. (File)
Revelstoke city councillor requests leave of absence in wake of sexual assault allegations

Cody Younker is accused in civil court of sexual abusing a teen in 2014

Cody Younker, Revelstoke city councillor. (Jocelyn Doll/Revelstoke Review)
Revelstoke councillor accused of sexually abusing Langley teen while school chaperone

Lawsuit alleges Cody Younker sexually abused student while volunteering on school trips

Revelstoke doctor Vikki Haines receives a vaccine for COVID-19. (Photo via Facebook)
COVID-19 vaccines come to Revelstoke

The Selkirk Medical Group were the first to announce that team members had been vaccinated

Charlotte is one of the resident pigs at Star's Piggly Wiggly's Sanctuary near Kelowna. (Twila Amato - Black Press Media)
Kelowna-area pig sanctuary needs a new home

Star’s Piggly Wiggly’s Sanctuary is looking for properties in Vernon, Coldstream, and Enderby

Toronto’s Mass Vaccination Clinic is shown on Sunday January 17, 2021. THE CANADIAN PRESS/Frank Gunn
Canadian malls, conference centres, hotels offer up space for COVID vaccination centres

Commercial real estate association REALPAC said that a similar initiative was seeing success in the U.K.

Flags line the National Mall towards the Capitol Building as events get underway for President-elect Joe Biden’s inauguration ceremony, Wednesday, Jan. 20, 2021, in Washington. (AP Photo/Julio Cortez)
Joe Biden has been sworn in as the 46th president of the United States

About 25,000 National Guard members have been dispatched to Washington

A memorial for the fatal bus crash involving the Humboldt Broncos hockey team at the intersection of Highways 35 and 335 near Tisdale, Tuesday, October 27, 2020. THE CANADIAN PRESS/Liam Richards
‘End of the road:’ Truck driver in Humboldt Broncos crash awaits deportation decision

Sidhu was sentenced almost two years ago to eight years after pleading guilty to dangerous driving

(Stock photo)
EDITORIAL: COVID-19 restrictions continue to affect us all

Canada has recorded more than 700,000 confirmed cases of pandemic

Join Black Press Media and Do Some Good
Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

A couple living at the Summerland Waterfront Resort is trying to sell their unit because of strata changes which will require them to pay significantly higher strata fees or have their unit included in the resort’s rental pool (John Arendt - Summerland Review)
Couple living at Summerland resort facing increases

Permanent residents of Summerland Waterfront Resort told fees will more than double

Cumberland photographer Sara Kemper recently took the top spot in a Canadian Geographic photography contest. Photo by Sara Kemper
B.C. photographer takes top Canadian Geographic photo prize

Sara Kemper shows what home means to her in Comox Valley photo

(Big White Ski Resort)
28 more cases of COVID-19 linked to Big White cluster

More than 200 cases have been identified since the cluster was announced

Most Read