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Denecho KingSA国际影视传媒檚 convictions should be overturned, lawyer says

Denecho King, found guilty of carrying out a deadly 2014 sword attack in Yellowknife, wants his conviction overturned.

His lawyer, Alan Regel, argued Tuesday that his clientSA国际影视传媒檚 conviction was the result of numerous errors committed by Justice Andrew Mahar.

Denecho King, sentenced to a minimum of 12 years in prison for second-degree murder and aggravated assault, deserves to be acquitted due to information heard during his trial that should have been inadmissible, King's lawyer, Alan Regel, argues.
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Mahar found King found guilty of second-degree murder and aggravated assault following a judge-alone trial in 2018. King received a life sentence with no chance of parole for 12 years.

In the early hours of Dec. 14, 2014, friends John Wifladt and Colin Digness were found bloodied and barely breathing at Digness' Sunridge Place Apartments unit.

Wifladt later died.

Digness was left with life-changing injuries. They were both stabbed by a pair of decorative swords owned by Digness. A motive for the attack was never established. The CrownSA国际影视传媒檚 theory, accepted by Mahar, saw King enter the apartment complex in search of a party before the attack occurred.

During TuesdaySA国际影视传媒檚 virtual hearing before the NWT Court of Appeal SA国际影视传媒 the first of its kind amid the Covid-19 pandemic SA国际影视传媒 Regel urged the three-member panel to acquit King.

At trial, prosecutors outlined KingSA国际影视传媒檚 activity in the hours leading up to the sword attack. He broke a window, threw a chair and assaulted a woman in the backseat of a cab, the court heard. Those details, however, amounted to character evidence, argued Regel.

Generally, character evidence SA国际影视传媒 information about an accusedSA国际影视传媒檚 past behaviour SA国际影视传媒 is inadmissible at criminal trials because it could influence a judge or jury.

ThatSA国际影视传媒檚 what happened in KingSA国际影视传媒檚 case, Regel asserted. He said Mahar unfairly found King guilty, in part, because of the character evidence presented by prosecutors.

SA国际影视传媒淭hese errors amount to a substantial miscarriage of justice as they likely had an impact on the verdict, which must be set aside,SA国际影视传媒 Regel wrote in statements submitted to the court.

DNA evidence played a major role in KingSA国际影视传媒檚 conviction.

At trial, an expert testified that large amounts of KingSA国际影视传媒檚 DNA were found on the two swords used in the attack.

Regel, echoing the defenceSA国际影视传媒檚 theory at trial, argued that Mahar failed to consider alternatives about how KingSA国际影视传媒檚 DNA made it onto the swords.

Jay Bran, who represented King during the trial, theorized KingSA国际影视传媒檚 DNA could have been left on the swords by first responders or police SA国际影视传媒 a submission that was dismissed by Mahar as next to impossible.

KingSA国际影视传媒檚 appeal also hinges on statements made by a witness at trial. The witness said King told him heSA国际影视传媒檇 killed two people. Regel, challenging the manSA国际影视传媒檚 testimony, said the account is likely the result of false or implanted memories.

Crown wants appeal dismissed

Crown prosecutor Blair MacPherson challenged KingSA国际影视传媒檚 appeal on Tuesday.

Evidence related to KingSA国际影视传媒檚 behaviour that night amounts to SA国际影视传媒渘arrative evidenceSA国际影视传媒 SA国际影视传媒 it was important for the judge to know what King was doing before the attack SA国际影视传媒 argued MacPherson.

If KingSA国际影视传媒檚 acquittal is granted, the Crown wants the case to go back to trial.

King, donning a face mask, appeared in court via video from the Edmonton Institution, where he's serving his sentence.

Judges overseeing the appeal have reserved their ruling.





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