This is a continuation of an estimated three-week trial in Quesnel Supreme court. The first piece can be found online, www.quesnelobserver.com or in the Wednesday edition of the Observer.
The autopsy report in the second degree murder trial revealed 13 wounds to the body of Albert Boivin, two being the cause of death.
Dr. Menaughton of Kamloops testified he examined Boivin’s body, finding stab wounds, incised wounds (less severe) and superficial wounds (scratch-like).
The two of note were ones found in the back, both penetrating the right lung.
“There was a significant amount of blood loss from these wounds,” Menaughton testified, adding those two wounds were the cause of death.
Menaughton was also asked what kind of force one would have to use to inflict the two wounds penetrating the lung.
“Moderate,” he replied.
Fluid samples were also taken from Boivin, indicating the consumption of alcohol and drugs.
Boivin’s body was found July 22, 2009 outside the brown cabins on Lewis Drive. Upon arrival at the scene, RCMP arrested Ken Price initially for aggravated assault and later for second degree murder.
Next to take the stand was Cst. Fletcher, the officer tasked with arresting Price at the scene.
Fletcher was instructed by a superior to detain, hand-cuff and place Price in his RCMP truck.
He was also instructed to audio record Price in the vehicle.
“How was his [Price’s] emotional state,” Crown asked.
“He was cooperative and emotional,” Fletcher replied.
Crown then played the recording for the 12-member jury.
In the recording Price is heard saying on several occasions “he’s a bad man, he hurts people.”
Price also asks “is he dead?”
Fletcher then exits the vehicle, returning after BC Ambulance attendees pronounced Boivin dead.
“You’re now under arrest for murder,” Fletcher said, he then begins reading Price his Charter of Rights and Freedoms.
“He attacked me and he attacked that woman,” Price said.
Upon returning to the RCMP detachment, Price, still under recording, requests the removal of his handcuffs.
Defence questioned the emotional state and ability of Price to process Fletcher reading him his rights and his right to a lawyer.
Defence also pointed out the clarity of audio.
“We can hear you clearly, but he was muffled,” defence said, pointing out Price was lying on his side, with the Plexiglas partition separating him from the officer.
“Did you not have some concern that perhaps whatever it is you were saying he might have problems hearing it?”
“That wasn’t on my mind at the moment,” Fletcher replied.
Next to testify was Geraldine Rusk, the woman living in cabin number four. It was her landline from which 911 was called the night of the incident.
She testified she knew Boivin, Price and the woman witness. There was a knock at Rusk’s door, she was asked by the woman witness if she could use the phone, Rusk agreed and said to bring it back.
After a few minutes the phone was not returned so Rusk went outside to retrieve it.
It was then she saw Boivin lying on the ground and testified she saw Price standing near Boivin’s cabin.
Rusk testified she could not remember much more, she was given her testimony to review.
Rusk was interviewed twice by RCMP, once three weeks after the incident, another in October, 2011.
Rusk’s statement in 2009 was different than in 2011. Most notably, in 2011 Rusk told police Price said “do you want some of the same medicine?” The 2009 statement does not include that information.
“I’m going to suggest your memory in 2009 was better than in 2011,” defence said.
“I was on pills,” she said.
“I don’t remember. I don’t remember.”
“But you agree your memory would be better closer to the incident,” defence said.
“Yes,” she agreed.
Corporal Robinson, from the identification team out of Williams Lake, took the stand next. Robinson was tasked with identifying blood markings, photographing the scene and documenting his findings.
Robinson photographed the living room in which a coffee table sat with a booze bottle and cups atop.
“Is this how you found the coffee table, with its contents upright?” defence asked.
“That is correct,” he answered.
Robinson also testified there was a “pool of blood, saturation in the bedroom.”
“You found that inside the bedroom?” defence asked.
“That is correct,” Robinson said.
Also found at the scene were two knives, one single edged blade outside, another doubled-edged, described as a “throwing knife,” on the porch of the cabin.
Tuesday, Cst. Cundy, another officer who attended the scene the night of July 22, 2009, took the witness box. Cundy was questioned on the sobriety of Price on the evening of the incident.
“I recall he wasn’t registering,” Cundy said.
“Myers and Fletcher were giving him [Price] commands and he wasn’t registering; blank stare.”
Cundy was also tasked with photographing and fingerprinting Price the
following day (July 23) at the detachment.
“Did you note any injuries on Mr. Price?” Crown asked.
“No,” Cundy answered.
Defence asked whether any notes were taken on any injuries noted.
“No, I did not,” Cundy answered.
“The reason you didn’t is because you weren’t looking for any,” defence said.
“I was not looking for any signs [of injury], no,” Cundy replied.
Cundy testified at one point during the interview Price began to “sob and cry.” Cundy asked him if he was OK.
Price did not respond.
Look for testimony from the woman in the cabin and Crown’s closing statement in Wednesday’s Observer.
