Man convicted in crowbar road-rage attack files mistrial application, citing brand brand new opinion that is medical
A doctor opined the target’s accidents where brought on by dropping
A guy convicted of breaking a lady’s hands having a crowbar has filed a mistrial application, alleging brand brand new medical proof shows the target’s accidents had been due to dropping, maybe perhaps perhaps not being struck.
Jared Eliasson is waiting for sentencing after being convicted previously in 2010 of the 2017 assault described in court as a morning hours road-rage event.
However in an application filed in Edmonton Court of Queen’s Bench on Wednesday, Eliasson contends the judge in case should purchase a mistrial, or vacate the convictions and reopen the test to listen to brand new proof.
“The newly disclosed X-rays therefore the viewpoint letter from Dr. McLeod call into question the once uncontroversial suggestion that the accidents were due to being struck by a steel club,” the defence alleges into the application.
Based on papers filed in court, Eliasson’s attorney, Zack Elias, received a mobile call from an anonymous individual from the Royal Alexandra Hospital on April 15, 3 days after Eliasson ended up being acquitted of tried murder, but convicted of aggravated assault, control of a dangerous gun and mischief.
Elias had been told the caller ended up being knowledgeable about Chelsey Schendzielorz’s X-rays and medical records, and reported that her accidents could not need occurred in how described in news reports.
Eliasson’s July sentencing hearing ended up being defer while their attorney desired usage of the X-rays and an impression through the orthopedic doctor who had operated on and treated Schendzielorz.
The doctor, Dr. Richard McLeod, supplied an opinion that, in accordance with Eliasson’s application, undermines Schendzielorz’s account of exactly just exactly what occurred. Read More