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Alberta’s criminal defence lawyers say Edmonton Police Service Chief Warren Driechel is threatening a judge and jeopardizing justice by intervening in a high-profile manslaughter case involving the death of an eight-year-old girl.
The president of the Edmonton Criminal Trial Lawyers’ Association also says the chief’s comments amount to extortion and vigilantism.
“It’s putting this entire matter in jeopardy,” Shawn King said in an interview Thursday.
“This is exceptionally upsetting. It’s inappropriate. It’s dangerous…We need this to stop. Threatening the justice system is not how we make it work.” Tweet This Click to share quote on Twitter: "This is exceptionally upsetting. It's inappropriate. It's dangerous…We need this to stop. Threatening the justice system is not how we make it work."
King’s comments come a day after he sent out a public statement saying Driechel, “is threatening the judge presiding over this matter.”
King is concerned over Driechel reiterating this week that the option of releasing details of the case once the woman charged in the girl’s killing has been sentenced is not off the table.
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Driechel, in an interview Wednesday, said the unusual step, if taken, will give the public the opportunity to determine if justice has been served.
King said Driechel’s comments risk becoming a factor when the 30-year-old is back in court in February for sentencing.
“(The lawyer) could ask the judge, ‘I want you to throw this case out because there’s been too much interference by the police … and potentially the court is prejudiced against my client because of this threat levelled against you,'” King said.
“The defence lawyer could say that it’s unlikely the accused person will get a fair sentencing or fair hearing.” Tweet This Click to share quote on Twitter: "The defence lawyer could say that it's unlikely the accused person will get a fair sentencing or fair hearing."
Driechel’s office could not be immediately reached for comment.
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The woman, who can’t be publicly identified, was charged with second-degree murder after the girl’s body was found in 2023 inside a hockey bag but then pleaded guilty Sept. 10 to a reduced charge of manslaughter. A manslaughter conviction usually carries a lower sentence than murder.
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Driechel said before she pleaded guilty, Crown prosecutors told police the plea deal for manslaughter would see an eight-year sentence recommended to the judge.
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He said police spent several weeks trying to find out why prosecutors were pushing for a sentence police felt didn’t match the crime.
He said police tried hard to get answers but didn’t hear back from the Alberta Crown Prosecution Service.
So on Sept. 9, a day before the woman pleaded guilty, the force made public a letter as a “last resort” that called on the Crown to scrap the planned plea deal, Driechel said.
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The letter, signed by Driechel, said a light sentence would be a travesty of justice and could prompt police to release details of the killing so the public can decide if justice has been served.
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Driechel said Wednesday the threat to release details was penned to highlight poor communications between prosecutors and police.
“This was a fairly polarizing, drastic step. And it’s not something we did lightly … what we’re just trying to do is just create some dialogue and change,” he said.
The letter ignited debate over police and prosecutor roles in the justice system.
The Canadian Association of Crown Counsel has said police are bullying prosecutors, but Driechel said he has received support from many people as well, including members of the girl’s family.
Premier Danielle Smith has also applauded the letter.
Last month, Smith said if the Crown doesn’t proceed to trial, the public needs to understand the circumstances surrounding the decision.
Global News can’t identify the child or family due to a publication ban to protect both the victim and other children related to her.
Court has heard the girl, who can’t be identified because of a publication ban, had been living with the woman since September 2022 in west Edmonton.
The child’s father was behind bars and had asked the woman to take care of his daughter for him.
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The woman had been drinking alcohol and using methamphetamine the night that the child was found lying on the floor, bleeding next to a hole in the wall.
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Court was told the woman didn’t call 911 and instead asked acquaintances for help.
An autopsy showed the girl was chronically abused. She had previous, multiple broken bones and injuries. She also had sepsis because of an untreated infected broken tooth, which reduced her chances of surviving the head injury.
On April 24, 2023, police stopped by a home near 87 Avenue and 165 Street in west Edmonton to check in on the well-being of the child.
When she was nowhere to be found, officers began investigating. There were “suspicious circumstances,” and EPS said the homicide section took over the case.
Her body was found a few days later in a hockey bag in the back of a truck on Samson Cree Nation in Maskwacis, which is located about a one-hour drive south of Edmonton.
In total, five people were charged in the death. Two men pleaded guilty to causing an indignity to a body and were sentenced to nearly three years. They were given credit for time served and released. Two others face charges of being an accessory to murder and causing an indignity to a body.
Driechel said the force has been meeting with prosecutors since the letter was made public, trying to find a way to communicate better.
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But after Wednesday’s comment, King said the matter has escalated and the government might need to get involved to help mediate.
“If the police are concerned about their communication with the prosecution’s office, that needs to be addressed head on, not as threat in a different venue altogether,” he said.
The government did not immediately respond to a request for comment.
[SRC] https://globalnews.ca/news/11461790/defence-lawyers-say-police-threatening-judge-2/
