Pubdate: Fri, 09 Apr 2010 Source: Edmonton Journal (CN AB) Copyright: 2010 The Edmonton Journal Contact: http://www2.canada.com/edmontonjournal/letters.html Website: http://www.edmontonjournal.com/ Details: http://www.mapinc.org/media/134 Page: B2 Author: Andrea Sands JUDGE REJECTS VIDEO STATEMENT IN ECSTASY CASE A judge has decided not to allow videotaped evidence in which a teen charged with drug trafficking told RCMP he gave ecstasy to a girl who later died of an overdose. Judge Justina Filice ruled Thursday the evidence is not admissible because police continued to interview the suspect after he repeatedly said he did not want to talk. The teen also did not have a lawyer or parent present, Crown prosecutor Susan Richardson said in a telephone interview. "(The judge) said it's because young people are less likely to understand that they do have an ability to refuse to talk to the police," Richardson said. A 17-year-old from the Paul Band First Nation is on trial in Stony Plain provincial court on four charges of trafficking ecstasy. He cannot be identified under the Youth Criminal Justice Act. He was charged after Trinity Bird, 15, died within three days of taking drugs at a wedding celebration on the Paul Band reserve in March 2009. Another girl, Leah House, 14, also died after taking drugs at the event. In a video interview with an RCMP officer, the teen claimed he got five ecstasy pills from another youth at West Edmonton Mall the day before the celebration. He told the officer he had never sold ecstasy to anyone, but gave three of the pills to three teens, including Trinity. He insisted he never gave ecstasy to the other girl who died. The video was presented in court Wednesday; the judge ruled Thursday it is inadmissible. The Youth Criminal Justice Act sets a very high standard for police and the Crown when they are taking statements from young people, said Richardson. Though the RCMP officer technically complied with the law, the judge was not satisfied the teen fully understood he did not have to speak to police, Richardson said. No drugs were recovered from the accused. Crown prosecutors have said they will rely on circumstantial evidence to prove their case. The trial has been adjourned to September, when the Crown intends to call a toxicologist to testify as an expert witness. - --- MAP posted-by: Keith Brilhart