Pubdate: Tue, 10 May 2011
Source: Regina Leader-Post (CN SN)
Copyright: 2011 The Leader-Post Ltd.
Contact: http://www.canada.com/reginaleaderpost/letters.html
Website: http://www.canada.com/regina/leaderpost/
Details: http://www.mapinc.org/media/361
Author: Jason Warick, StarPhoenix; Postmedia News

JURY SELECTED IN WALKER RETRIAL

A seven-man, fivewoman jury has been selected to hear the new trial of
Kim Walker, the Yorkton father charged with second-degree murder in
the 2003 death of his daughter's former boyfriend.

Several hundred potential jurors were called to a Yorkton community
centre Monday as proceedings began. Walker is charged with
second-degree murder in the March 17, 2003, death of James Hayward,
24, a drug dealer who was dating Walker's 15-year-old daughter.

Crown prosecutor Robin Ritter and defence lawyer Balfour Der both used
most of the 12 objections each were allotted as potential jurors were
presented to them, but the final jury was selected by early afternoon.

Justice Ellen Gunn spoke briefly to the potential jurors, explaining
the process of jury selection while Walker, Der and Ritter sat listening.

Gunn emphasized that potential jurors must be able to approach the
case with "an open mind." Anyone related to Walker, the victim, or
anyone else involved in the trial should declare that, she said.
Anyone with medical conditions, English language difficulties or other
problems that may affect their ability to sit on a jury should notify
the court, she explained.

Gunn said she knows and appreciates the inconvenience jury duty can
cause people's lives, particularly in this matter, which is expected
to last at least three weeks.

"But both society and the law benefit from your contribution," Gunn
said.

Gunn later read the charge to the jury. Proceedings will resume today,
with an opening statement from the Crown followed by testimony from
witnesses.

The Crown is expected to call around 10 witnesses, including Walker's
daughter.

Hayward's mother, Lorrie Getty, told reporters outside the courthouse
that she will be in court every day. She wants people to know that her
son was loved and that he is missed dearly.

Der said Walker has mixed feelings. Walker is anxious to have his day
in court but also feels badly for both the victim's and his own
family, Der said.

Walker and his family left court Monday without speaking to
reporters.

Walker was initially charged with first-degree murder but was
convicted in 2007 of second-degree murder. That is why he'll face a
new trial on the second-degree charge, Ritter said in the days leading
up to the trial.

Ritter said it is unlikely any new evidence will be presented during
the retrial, but things are always "a bit different."

Following the first trial, which attracted national attention, Walker
was convicted and sent to the Saskatchewan Penitentiary in Prince
Albert. He was released from custody last summer following a
successful appeal.

The Saskatchewan Court of Appeal ruled there had been a "fatal error"
during the trial. Trial judge Justice Jennifer Pritchard met with the
Crown and defence lawyers without Walker present, violating the rule
stating an accused be present during his or her entire trial.

"If the criminal justice system is to be perceived as being fair and
impartial, judges cannot convene private and unrecorded meetings in
mid-trial for the purpose of expressing their views about the
substance of the proceedings and making inquiries about plea
bargaining," stated the Court of Appeal's written decision.
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MAP posted-by: Richard R Smith Jr.