Huron Expositor, 2007-08-08, Page 9News
Jesse Imeson unlikely to get bail: local lawyer
The Huron Expositor • August 8, 2007 Page 9
Lynda Hillman RapleL
Goderich lawyer Quinn Ross from
the Ross Firm said the chances Jesse
Imeson would get bail are slim to none
due to the overwhelming amount of
evidence in this case where first degree
charges have been heard in the stran-
gulation of Windsor resident Carlos
Rivera and forthcoming for the shooting
murders of Bill and Helene Regier.
With so much public scrutiny regard-
ing the manhunt and capture of
Imeson, the following outlines the legal
process that relates to the case.
Imeson was remanded in custody
without waiving his bail rights and will
likely be seen by video from Windsor
when he speaks to the Regier case in
the Goderich court.
Ross says a date will be set for him to
go before a judge or justice of the peace
to set a date for a preliminary hearing.
The accused has to elect method of trial
if he intends on pleading not guilty.
Those methods are: provincial court
judge sitting alone, superior court judge
sitting alone, or superior court judge sit-
ting with a jury.
There are some exceptions, he
explains. There is no choice for some
(more minor) offences, listed in section
553 of the Criminal Code - for example
theft under $5,000 and driving while
disqualified - which are always tried in
provincial court. At the other end of the
scale, the most serious offences such as
murder and treason, listed in section
469 of the Code, will always be heard
before a jury in the superior court
unless the Crown consents to the trial
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being before a judge alone.
There are rules for changing an elec-
tion ("re-electing"), in section 561 of the
Code. If no election is made, the trial
will be by judge and jury in the superior
court.
"If the election is for trial in the supe-
rior court, there will first be a prelimi-
nary inquiry in provincial court," he
said.
Ross said this trial will show
Canadians how the justice system
works. He says the forensic process
takes a long time and although it is not
"CSI perfect," the technology we have
will be as good as anything you see on
television. "Anything he came in contact
with, any sneeze, any skin that may
have sloughed off, hairs he may have
shed will be scrutinized and used to link
him to the weapons, the scenes and the
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vehicles used during his flight from
authorities."
Ross says there will be no reason to
link the Rivera and Regier murders as
there is significant evidence for both.
Ross says the trials will likely take
place in the jurisdiction in which the
crime was committed.
"In this instance the overwhelming
amount of press coverage will make
selecting a suitable jury very difficult.
This could lead to a change of venue
request being made by defence coun-
sel," he said.
Generally, only when an accused
undertakes to plead guilty would one
jurisdiction transfer the matter to
another jurisdiction. In this instance,
given the severity and complexity of the
cases, there will likely be no transfer of
jurisdiction.
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