Moncton attempted murder trial pauses as defence seeks expert witness
Janson Baker's trial on 16 charges came to a halt Monday after what's likely to be the final prosecution witness testified.
The trial is now paused for at least several weeks as the 27-year-old Moncton man's lawyer seeks an expert witness to testify for the defence.
"This is not a great outcome, it's not one I'm fond of," Court of King's Bench Justice Richard Petrie said of the adjournment, adding it's something that will give Baker enough time to prepare his defence to the charges.
The case will return to court July 5 to assess progress and potentially set dates for the trial to resume.
"We are concerned about letting this go on for a long time, but we understand the necessity for the defence to present its evidence," Crown prosecutor Malika Levesque told the judge.
Baker faces charges that include attempting to murder teacher Christopher Leger, and attempting to rob Leger and Joshua Hebb with a sawed-off 12-gauge shotgun on Jan. 5, 2021, outside Riverview High School.
A broken, sawed-off 12-gauge shotgun and shells, entered as exhibits in the trial last week. (Shane Magee/CBC)
Alex Pate, Baker's lawyer, signaled when the trial began May 27 that he would seek a delay.
Pate said a review of the evidence just before the trial began led him to pursue a defence that would involve securing a forensic psychiatrist to evaluate Baker.
Pate has said the defence involves Baker being too intoxicated to form intent.
While Baker admitted to the acts alleged in the 16 charges, he has not admitted committing a crime. That's because a component of a crime is having intent.
Testimony on Monday included three Amherst, N.S., police officers involved in Baker's arrest and a firearms expert who testified about the shotgun.
Joseph Prendergast, a forensic specialist in firearms and toolmarks, testified that a spent shotgun cartridge seized by police had been fired by a shotgun found in the home where Baker was arrested in Nova Scotia.
His testimony took most of the afternoon, going into detail about testing the firearm, how much force was required to pull its trigger and how it was broken when it arrived in his lab.
The three Amherst officers testified earlier in the day.
An RCMP vehicle outside the home in Amherst where Janson Baker was arrested on Jan. 6, 2021. (Colleen Jones/CBC)
The described how on the morning of Jan. 6, 2021, the stolen vehicle Baker had been driving was found on Eddy Street in Amherst.
The three officers from the town's police force said a surveillance operation was set up to watch the vehicle and a nearby apartment building the officers said has been the location of many previous calls.
Sgt. Jason Galloway testified that he figured if anything was about to happen, it would be at that Eddy Street building.
Just before noon, an emergency alert went out about Baker's vehicle being found in Amherst. The officers testified that within moments, a second-floor window was smashed.
"We were scared that it was someone holed up and would start shooting at police," Galloway testified.
But shortly after, the officers saw two men come out of the building fighting. One was "just pounding the guy on the ground," Galloway said.
Galloway ran up to them, pulled them apart, saw the face tattoos on the man being assaulted and realized it was Baker.
On Friday, Matthew Hansley testified he "guessed" Baker would be at the Eddy Street home following the shooting. He testified he entered the building where Baker offered to sell him the shotgun for $100.
Hansley testified he had Baker unload the gun and then used it to beat Baker until it broke. The fight then moved outside.
Galloway testified he processed Baker at the Amherst police station. He said the man had minor injuries, but was walking and talking fine.
"He was the very best to deal with," Galloway said.
