Security is tight as the second trial of Gregory Despres, accused in the brutal murder of his elderly neighbours, began at New Brunswick's Court of Queen's Bench on Monday.
While Despres, 25, was escorted into the building in handcuffs, others entering were required to go through a metal detector.
Gregory Despres, being led from the Fredericton courthouse in an earlier appearance, has been ruled fit to stand trial for murder. A judge stopped a first round of proceedings when Despres began acting strangely in court.
(CBC file photo)
Despres once again plead not guilty to two counts of first-degree murder. The Minto, N.B., man is charged in the deaths of Fred Fulton and Verna Decarie on April 23, 2005. Both were stabbed repeatedly and Fulton was decapitated.
It is expected much of the testimony and evidence during this second trial will remain the same as the first.
During his first trial in March, the judge stopped the proceedings because of the bizarre behaviour of Despres and statements in the courtroom. He was ruled unfit to stand trial and was ordered to undergo treatment for paranoid schizophrenia.
In the summer, a provincial review board ruled that Despres had responded well to psychiatric treatment, now understands the court proceedings and the charges against him, and is fit to stand trial again.
Six of the witnesses who testified at the first trial will not be called back. The Crown will be submitting sworn affidavaits on their behalf.
Families say wait agonizing
Fulton's daughter, Debbie Mowat, will be among those not taking the stand. Mowat found the victims' bodies three days after the murder.
In the first trial, Mowat delivered her testimony through a close-circuit camera that allowed her to be in a seperate room while those in the courtroom watched through a live broadcast.
This time, the Crown will be submitting a DVD of her previous testimony for the court's consideration.
The families of the victims say it has been an agonizing wait.
Mike Richardson, Fulton's nephew, said the family has lost faith in the justice system as the case drags on more than two years after the killings.
Richardson added he is worried justice won't be done in this case.
"We're sitting here 2½ years and we still haven't had any justice, and there's no guarantees that even if we do get a guilty verdict, that criminal responsibility is going to come into effect by the defence," Richardson said.
Criminal responsibility looks at the mental state of the accused at the time of the crime.
Crown prosecutor Paul Hawkins said the review board's previous assessment of Despres only dealt with his mental capacity at the time of his first trial.
"It's possible that the issue of the criminal responsibility of the individual will come into question," Hawkins told CBC News.
Despres was arrested in Massachusetts on April 27, 2005.
A naturalized American citizen, Despres was allowed to cross the border at Calais, Maine, even though he was carrying a homemade sword, brass knuckles, knife, pepper spray, a chainsaw and a hatchet.
He told U.S. border officials that he was a marine sniper and an assassin with 700 kills. Several border guards previously testified that they took the weapons and fingerprinted Despres, but he could not be detained because he held a valid U.S. passport.
The second trial is being heard before Justice William Grant alone and is scheduled to last three weeks.
With files from the Canadian PressRelated
Internal Links
- Despres diagnosed as paranoid schizophrenic
- Judge puts double-murder trial on hold
- Arguments point to motive in NB double-murder trial: Crown
- DNA on pants matches Despres and dead couple, expert testifies
- Despres was talking nonsense, 'intense,' court hears
- U.S. border guards couldn't hold Despres, court told
- Pathologist sheds light on victims' final moments
- Despres said he was a hired assassin, court hears
- Daughter found bodies after three days of calls, court hears
- Court watches grisly police video of Minto slaughter
Video
- Nicolle Carlin reports for CBC-TV (Runs: 2:30)
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