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Hamilton Spectator
16-05-2025
- Sport
- Hamilton Spectator
Jury dismissed. Hockey Canada trial to go judge-alone after jurors report being ‘made fun of' by defence lawyers
The high-profile Hockey Canada sexual assault trial will continue as a judge-alone trial after the jury was dismissed Friday following a complaint that multiple jurors felt that two defence lawyers appeared to be making fun of them. Following agreement by the Crown and defence, Superior Court Justice Maria Carroccia will continue to hear the trial without a jury, meaning witnesses who have already testified — including the complainant who wrapped her testimony Wednesday after nine days on the stand — will not have to come back. Michael McLeod, Alex Formenton, Dillon Dubé , Carter Hart, and Cal Foote, all members of the 2018 Canadian world junior championship team, have pleaded not guilty to sexually assaulting the then-20-year-old woman in a room at the Delta Armouries hotel in London, Ont. in the early hours of June 19, 2018. Alex Formenton leaves the courthouse in London, Ont. on Friday, May 2, 2025 with his lawyers Daniel Brown, left, and Hilary Dudding, right. Carroccia said Friday that it was with 'reluctance' that she concluded the trial's fairness had been compromised, and the jury had to be discharged. 'My concern is that there is a possibility that several members of the jury harbour negative feelings about certain counsel that could potentially impact upon their ability to fairly decide this case,' Carroccia said in her ruling Friday. 'It is reasonable to conclude that in this situation, negative feelings about counsel and how they conduct themselves might impact the jury's perception of the accused. This would obviously compromise the fairness of the trial.' The shocking turn of events began Thursday morning as Carroccia came back into the courtroom following the recess, telling the lawyers she had received a note from one juror, which said that 'multiple jury members feel we are being judged and made fun of' by Formenton's lawyers, Daniel Brown and Hilary Dudding. The inside stories from the Hockey Canada sex assault case — including what caused that mistrial 'Every day when we enter the courtroom they observe us, whisper to each other, and turn to each other and laugh as if they are discussing our appearance,' said the note. 'This is unprofessional and unacceptable.' Brown said he was 'shocked and upset to be at the centre of this,' and was concerned with the jurors' impression. 'It's something I didn't do and I wanted the court to specifically know I did not do,' he told the judge in the jury's absence. Dudding echoed Brown's comments, saying 'It's a difficult thing to have this happen.' Carroccia said she herself hadn't noticed anything problematic when looking at the lawyers and their clients, otherwise she would have mentioned it. 'So I don't know where it's coming from,' she said, regarding the jurors' concerns. Brown suggested that daily protests happening outside the courthouse during the nine days the complainant testified, coupled with personal attacks on the defence lawyers on social media, may have 'affected the jury and perhaps led them to believe things that aren't accurate.' In a statement to media on Friday, Brown and Dudding said this was a 'regrettable development' as their client very much wanted to be judged by a jury of his peers. 'We, his counsel, found ourselves involved in the unusual chain of events that led to this outcome,' they said. 'No defence counsel would risk alienating a juror, and nothing could be further from the truth in this instance. While it is true that co-counsel will speak with one another from time to time during a trial, this is commonplace. The very idea of counsel making light of a juror is illogical and runs directly counter to our purpose and function.' Protestors outside the courthouse in London on Friday. The Crown had also wanted to continue with a jury, Cunningham told the judge on Friday. But given Carroccia's decision, the prosecution was left with two of what Cunningham described as 'undesirable options': press on with a judge-alone trial after having presented most of their case to a jury, or start over from scratch with a new jury. 'We quite obviously prefer the one that doesn't cause further harm, or doesn't further traumatize (the complainant),' Cunningham said. 'And so in light of Your Honour's ruling, the Crown will now consent to re-election and continue this case judge-alone in front of Your Honour, and we are prepared to continue with the evidence.' Carroccia thanked the jury for their service as she dismissed them Friday morning, and the trial immediately resumed before Carroccia, with player Tyler Steenbergen continuing his testimony about what he saw in the hotel room on June 19, 2018. 'I have determined in this case that it is appropriate to discharge the jury,' the judge told the jurors. 'I know that you have invested four weeks in this trial and certainly you have the thanks of myself, court staff, and counsel for the time and effort that you have put into this matter, but the jury will be discharged. So I thank you and you are free to go.' Dudding was also involved in the first trial resulting in a mistrial last month , after a juror at the first trial reported that Dudding spoke to her during the lunch break. Juror No. 4 also told other jurors about it, with one saying she thought the encounter was inappropriate. While there were conflicting reports about what was actually said between Dudding and Juror No. 4, Carroccia declared a mistrial last month after finding one or more jurors may now hold negative feelings toward the defence. In pushing for a second mistrial this week, Hart's lawyer Megan Savard said that the jurors' comments about being mocked 'is, if anything, a worse form of jury tainting against the defence than we saw the first time around. 'We know it's worse than last time.' In pushing for a mistrial on behalf of the five defence teams during legal arguments on Thursday, Savard said they were prepared to then select a judge-alone trial before Carroccia, so that the case could keep moving forward. While the defence was content with selecting a new jury last month after the first mistrial, this time things were different, Savard pointed out, as the complainant and a number of other witnesses had already testified. She said the negative belief that one or more members of the jury may hold toward some of the defence lawyers 'will attach to everyone on this side of the courtroom,' leading to an unfair trial for the five accused men. And she said she personally felt a 'chilling effect' after the jury's note was delivered; she pointed out that when the jury walked back into the courtroom Thursday afternoon, she and the rest of the defence lawyers looked straight at Carroccia rather than at the jury as they normally would. 'Every single one of us, I will say, was afraid to look at the jury,' she said. 'And so there's that sense, not just on behalf of counsel for Mr. Formenton, but on behalf of all of us, that we may be next if there is in fact this tendency to misinterpret innocuous conduct as nefarious.' Cunningham pushed to keep the jury, arguing instead to ask the jurors questions about the issue and determine who could remain impartial in judging the case. If enough impartial jurors were left out of the 14-person jury, Cunningham suggested the judge give them an instruction to put the issue out of their minds. As of Thursday afternoon, she said she wasn't prepared to consent to the case proceeding before Carroccia alone, saying the Crown had built its case knowing it was presenting to a jury, and would have done things differently had it been before a judge, though she didn't specify what. 'I know Your Honour has enough experience to know that the Crown's decision in this respect is not a personal reflection of anything,' she told Carroccia. Cunningham highlighted that the Crown was nearing the end of its case, having been presented to a jury, while the defence, should they choose to call any evidence, would get to present to a judge, 'which I think is a very different situation than presenting evidence to a jury,' she said. 'We fear that this would potentially cause prejudice to the Crown's case, to the Crown's ability to sort of conduct its case in a complete and fair manner,' Cunningham said. In her ruling Friday, Carroccia stopped short of declaring a mistrial, but nevertheless found that the jury should be discharged. She found that an inquiry of the jury would be insufficient to remedy the problem. 'It would be difficult to conduct an inquiry that would adequately address the issue raised without asking the jurors to reveal their opinion of that lawyer,' she said. 'To do so might impact trial fairness and exacerbate the situation rather than remedy it.' The Star's in-depth reporting of the trial After the first trial ended in a mistrial, the second trial began on April 28, with the Crown once again providing their opening statement. Aside from the complainant, whose identity is covered by a standard publication ban, the second jury had also heard from a London police detective testifying about surveillance footage and from players Taylor Raddysh and Boris Katchouk about what they saw when they were briefly in the hotel room. The complainant had met McLeod at Jack's Bar and returned to his hotel room where they had consensual sex, only for multiple men to come in afterward. During days of graphic testimony , the complainant alleged that the men laid a bedsheet on the floor and asked her to fondle herself on it, to perform oral sex on them as she was slapped and spat on, and to have vaginal intercourse. While she never said no nor physically resisted, the complainant testified that she went into 'autopilot' mode, as her mind separated from her body and she engaged in the sexual activity. She said she adopted a 'porn star persona' as a coping mechanism while in a room surrounded by men she didn't know and who should have known she wasn't consenting. The Crown has alleged that McLeod had intercourse with the complainant a second time in the hotel room's bathroom; that Formenton separately had intercourse with the complainant in the bathroom; that McLeod, Hart, and Dubé obtained oral sex from the woman; that Dubé slapped her naked buttocks, and that Foote did the splits over her head and his genitals 'grazed' her face. Before being dismissed on Friday, the jury had started hearing testimony from Steenbergen, who said he heard the woman demanding to have sex with players in the room, and witnessed Dube slap her naked buttocks and 'partially' saw Foote do the splits over her while she was on the ground.
Vancouver Sun
01-05-2025
- Sport
- Vancouver Sun
Hockey Canada trial: First NHL player testifies, says he doesn't remember much
Article content Article content Article content LONDON, ONT. — She was dressed just in a towel pulled up and smiling at the camera on Canadian hockey player Michael McLeod's cellphone. Article content It was 4:26 a.m. inside a room at the Delta Armouries hotel in downtown London on June 19, 2018. Article content 'It was all consensual. Are you recording me?' she asked in the video, played Wednesday for jurors at the sexual assault trial of McLeod and four teammates from Canada's 2018 gold-winning world junior hockey team, who were in London for a Hockey Canada gala. Article content Article content 'You are so paranoid. Holy,' she said. 'I enjoyed it. It was fun. It's all consensual. Article content Article content 'I am so sober, that's why I can't do this right now.' And with that, the video ended. Article content The jury saw cellphone videos and security footage both in Jack's Bar — the Richmond Row establishment where the complainant, whose name is protected under a publication ban, met the players — and from the lobby of the hotel a few blocks away. The footage is all from early in the morning of June 19, 2018. Article content But the most dramatic video was of the smiling woman who said everything was 'consensual,' played at the trial that has attracted media attention from across the country. The main issue, the Crown said at the beginning of the trial this week, would be consent. Article content Also on Wednesday, the trial got its first look at some NHL star power when it heard testimony from one of the Team Canada squad, Taylor Raddysh, 27, who plays for the Washington Capitals. He testified remotely. Article content McLeod, 27, Alex Formenton, 25, Cal Foote, 26, Dillon Dube, 26, and Carter Hart, 26, have all pleaded not guilty to sexual assault. McLeod also has pleaded not guilty to a second charge of sexual assault for being a party to the offence. Article content Article content The Crown has told the jury their case involves the then-20 year-old woman who says she was sexually assaulted in a hotel room by the hockey players. Article content The jury saw two 'consent' videos taken in a hotel room. The first, filmed at 3:27 a.m., showed the woman, who was sitting and appeared not to know she was being recorded. Article content 'You're OK with this though, right?' a male voice can be heard saying. 'Are you OK with this?' Article content 'Yep, I'm OK with this,' she said. Article content What followed was the second video filmed about an hour later of her smiling, flipping her hair, speaking clearly and calling everything that happened 'consensual.' Article content Other videos filmed earlier in the morning at the bar show a crowded dance floor with strobing lights with the rowdy Canadian hockey players mostly dancing together and belting out the words to the music. Article content The woman often is seen among the mass of players. At one point, she is picked up and carried around by co-accused and team captain Dubé.
Edmonton Journal
01-05-2025
- Sport
- Edmonton Journal
Hockey Canada trial: First NHL player testifies, says he doesn't remember much
Article content LONDON, ONT. — She was dressed just in a towel pulled up and smiling at the camera on Canadian hockey player Michael McLeod's cellphone. It was 4:26 a.m. inside a room at the Delta Armouries hotel in downtown London on June 19, 2018. 'It was all consensual. Are you recording me?' she asked in the video, played Wednesday for jurors at the sexual assault trial of McLeod and four teammates from Canada's 2018 gold-winning world junior hockey team, who were in London for a Hockey Canada gala.
National Post
01-05-2025
- Sport
- National Post
Hockey Canada trial: First NHL player testifies, says he doesn't remember much
Article content Article content LONDON, ONT. — She was dressed just in a towel pulled up and smiling at the camera on Canadian hockey player Michael McLeod's cellphone. Article content It was 4:26 a.m. inside a room at the Delta Armouries hotel in downtown London on June 19, 2018. Article content 'It was all consensual. Are you recording me?' she asked in the video, played Wednesday for jurors at the sexual assault trial of McLeod and four teammates from Canada's 2018 gold-winning world junior hockey team, who were in London for a Hockey Canada gala. Article content 'You are so paranoid. Holy,' she said. 'I enjoyed it. It was fun. It's all consensual. Article content 'I am so sober, that's why I can't do this right now.' And with that, the video ended. Article content The jury saw cellphone videos and security footage both in Jack's Bar — the Richmond Row establishment where the complainant, whose name is protected under a publication ban, met the players — and from the lobby of the hotel a few blocks away. The footage is all from early in the morning of June 19, 2018. Article content But the most dramatic video was of the smiling woman who said everything was 'consensual,' played at the trial that has attracted media attention from across the country. The main issue, the Crown said at the beginning of the trial this week, would be consent. Article content Also on Wednesday, the trial got its first look at some NHL star power when it heard testimony from one of the Team Canada squad, Taylor Raddysh, 27, who plays for the Washington Capitals. He testified remotely. Article content McLeod, 27, Alex Formenton, 25, Cal Foote, 26, Dillon Dube, 26, and Carter Hart, 26, have all pleaded not guilty to sexual assault. McLeod also has pleaded not guilty to a second charge of sexual assault for being a party to the offence. Article content The Crown has told the jury their case involves the then-20 year-old woman who says she was sexually assaulted in a hotel room by the hockey players. Article content The jury saw two 'consent' videos taken in a hotel room. The first, filmed at 3:27 a.m., showed the woman, who was sitting and appeared not to know she was being recorded. Article content 'You're OK with this though, right?' a male voice can be heard saying. 'Are you OK with this?' Article content 'Yep, I'm OK with this,' she said. Article content What followed was the second video filmed about an hour later of her smiling, flipping her hair, speaking clearly and calling everything that happened 'consensual.' Article content Other videos filmed earlier in the morning at the bar show a crowded dance floor with strobing lights with the rowdy Canadian hockey players mostly dancing together and belting out the words to the music. Article content The woman often is seen among the mass of players. At one point, she is picked up and carried around by co-accused and team captain Dubé. Article content But McLeod appears to have the most interest in her. When Dubé is carrying the woman around, McLeod steps in and pulls Dubé's shirt over his head, hockey fight-style. Article content In one string of videos from cellphones, several players shout out the words to Hey Baby (If You'll Be My Girl) that was the national team's goal song during the championship. Article content Many players are identified in the videos both at the bar and walking into the hotel lobby. Article content McLeod had returned to the hotel with the complainant at about 1:45 a.m. The jury saw footage of the woman exiting the Richmond Row bar holding hands with McLeod, then trotting behind him along the sidewalk when they were hailing a cab. Article content They are seen walking into the hotel on Dundas Street. She has her phone in one hand while she walks in without any assistance from McLeod. Article content After viewing the videos of the woman declaring consent, the jury saw more hotel security videos of the woman leaving the hotel and waiting for an Uber ride. Article content The videos gave a clearer picture than what the jury heard from the Capitals' Taylor Raddysh, who had a foggy memory of what happened after the ring ceremony and dinner seven years ago when he went out with the team to Jack's. Article content Throughout his testimony, assistant Crown attorney Meaghan Cunningham gave Raddysh many opportunities to review his various statements, but those reviews didn't seem to help his memory. Article content Raddysh recalled he was hotel roommates with player Brett Howden, who appears in many of the videos at Jack's that were played for the jury. Their room was next to McLeod's. Article content However, 'I really don't have any recollection of what happened that night at Jack's,' he said. Article content Raddysh said he had no memory of being at Jack's, leaving Jack's and 'wasn't 100 per cent' sure about his memory surrounding returning to his room. Raddysh admitted he did drink alcohol that night but 'I wasn't drinking heavily. Article content 'I just remember returning to my room,' he said. No one else was there and Raddysh said he Facetimed his girlfriend at the time. He recalled that McLeod and player Boris Katchouk came to his door, but he said he couldn't recall much of what happened. Article content After reviewing his police statement, Raddysh said the two players knocked on his door and 'I wasn't fully certain about what was said except 'Please come and hang out for a bit.'' Article content He said he remembered going to McLeod's room. 'I don't have a full recollection of what I remember in that room. I just remember Michael being there, Boris and a woman.' Article content Raddysh said he couldn't remember much about the woman although he was 'pretty sure' the woman was on the bed, but, 'sitting here today, I don't remember how she was positioned and what she was wearing.' Article content Raddysh said he didn't recall anyone saying anything and he didn't say anything to the woman. He recalled he was in the room for 'a very short time.' Article content Raddysh said he didn't remember if anyone mentioned sexual activity. 'I just remember going back to my room,' he said. Article content Cunningham asked if he remembered why. 'I'm not 100 per cent (sure), sitting here today,' Raddysh said. He didn't recall hearing any noises. Article content Cunningham reviewed text messages from Raddysh's cellphone, including the group text to the team at 2:10 a.m. — 'who wants to be in a threeway, quick. 209 Mikey.' Article content Replying to the message was Hart, who wrote on the group chat, 'I'm in.' Article content Raddysh also received a message at 2:15 a.m. from McLeod asking him to come to his room, 'if you want (oral sex).' Article content There were other messages back and forth on June 26, 2018, between Raddysh and McLeod, with Raddysh indicating one of Hockey Canada's staff had called him and 'said there's an investigation.' Article content Raddysh said he couldn't remember, even after reviewing his statements, if he had any phone calls or video calls from other teammates after he was told there was an investigation. Article content Superior Court Justice Maria Carroccia dismissed the jury early because Raddysh 'has a commitment and can't be here beyond 4 p.m.,' she said. Article content
CBC
29-04-2025
- Sport
- CBC
Jury viewing more video, photos in ex-world junior hockey players' sexual assault trial
This is 2nd day of London, Ont., proceedings with Superior Court Justice Maria Carroccia presiding The Latest The trial against five former world junior hockey players continues this morning. Dillon Dubé, Cal Foote, Alex Formenton, Carter Hart and Michael McLeod have all pleaded not guilty. The complainant is only known as E.M. due to a publication ban. The jury is expected to see more videos from Jack's bar and Delta Armouries, the hotel where the sexual assault is alleged to have taken place on June 19, 2018. WARNING: Court proceedings include details of alleged sexual assault and might affect those who have experienced sexual violence or know someone who's been impacted by it. Updates April 29 17 minutes ago Videos from inside Jack's bar Kate Dubinski We're back and the detective is back in the witness box. The first video we saw today was of E.M. at an ATM toward the back of the bar. We'd previously seen a video of the same thing but from a different angle. We're also shown a video from a smaller bar within Jack's. 'That is Brett Howden,' Waque explains as a man talks to E.M. (He is now a centre with the Las Vegas Golden Nights). Howden leaves the small bar area and soon, he returns with McLeod. McLeod starts speaking to E.M. Howden and McLeod are both in baseball caps worn backwards in the video. When the videos play in court, the accused men watch them on the screens set up at each defence table. All the players are once again wearing dark suits except Hart, who is in his burgundy suit (yesterday, he wore a light grey one). Again, there's no sound on the videos, and it's pretty hushed in the courtroom as everyone watches the screens. The ones we've been watching today were taken between 11:40 p.m. and midnight. 37 minutes ago Katie Nicholson I'm Katie Nicholson, a CBC senior reporter usually based in Toronto but I'm here in London with my colleagues. We are recessed again. One thing the public probably isn't aware of is how many technical gremlins the court has been dealing with. Zoom is down this morning, there have been connectivity issues in the courtroom, and just now, a program's doorbell started dinging in the room before the witness could really get started. So, while IT once again races to the floor, we are taking a break. These issues also make it difficult for counsel to retrieve materials and exhibits that might be stored in a Cloud platform. I started my morning in the overflow court (it's easier to run outside and do live TV hits from that spot) where a lonely officer haplessly tried to connect us to Zoom a few times. Now, I am up in the main courtroom where I can watch things unfold live … once all these issues are ironed out. So far, everyone has been pretty good-natured about these technical glitches, but they sure do slow down what is supposed to be an already lengthy trial. 55 minutes ago Kate Dubinski We're back up and running this morning in London court. The jury is about to be brought in and we expect London police Det. Tiffany Waque (pronounced wah-kay, in case you're wondering) to get back in the witness box and continue showing surveillance video taken from Jack's bar the night of June 18, 2018, and into the early morning of June 19, 2018. More people are in the main courtroom because there's an issue with the Zoom link that beams the trial down to the overflow room (and to accredited media watching remotely). So people who are usually downstairs in the overflow room are here on the 14th floor in Courtroom 21. Carroccia told the jury there might be a longer break after Waque is done testifying to deal with the technical issues. 1 hour ago Karen Pauls I had an interesting conversation last night with Mark Lazerus, a senior NHL writer for The Athletic, based in Chicago. Two of his colleagues, Katie Strang and Dan Robson, are here covering the trial, but otherwise, Lazerus says the case doesn't seem to be on the radar of many sports journalists or fans in the U.S. 'It was a pretty big deal when the players' names came out, when we were able to put names to this, kind of like, mystery, because everybody knew who was on that roster. I felt like that was going to be a watershed moment,' he told me. 'I remember writing a column saying like, 'You can't hide from it anymore. You can't pretend this isn't real. … These are the players you've rooted for. These are players whose jerseys you've bought.'' And while the public interest and media coverage have continued in Canada, it has died down in the U.S. 'It doesn't seem to have had the impact that I thought it was going to have. … It was kind of moving on to the next thing.' Right now, Lazerus says, everyone is much more interested in the NHL playoffs than a trial about some then junior hockey players in Canada, even though the five have all had ties to NHL teams. Lazerus hopes this trial, no matter the verdict, will ultimately draw attention to problems within the junior hockey system — a culture many have criticized for creating an atmosphere of misogyny and homophobia — and maybe provide impetus for change. 'I don't know if there's been such a high-profile case involving such prominent players that were so young at the time,' he says. 'It feels like we've seen a lot more of it come out of the hockey world than we have in other sports at that age.' 1 hour ago Karen Pauls I'm Karen Pauls, a senior reporter for CBC, in London covering this trial. I popped over to the London Knights versus Kitchener Knights game Sunday afternoon to chat with folks about what they're paying more attention to: the playoffs (CHL and NHL) or this trial down the street. The streets were filled with fans wearing jerseys and carrying noisemakers. Not surprisingly, the focus here during the OHL playoffs is on the home team. 'For me, more attention to the playoffs, to be honest. I'll let what happen happens,' Tom Johnston told me (he's the guy on the right with the muscles). 'I'll let the courts deal with it.' Nancy Blackall has been a Knights fan since she was a young girl. She's not paying attention to the trial and believes the allegations 'shouldn't reflect on the game itself.' Paula DiDomenico says the case hasn't come up much in her circles. 'There was a lot of talk about it a little while ago when they first brought the charges to them, so we're just hearing a little bit on the news now,' DiDomenico said, adding she thinks hockey culture has changed — for the better — in recent years. I asked my CBC Manitoba colleague Gavin Axelrod to pose some of the same questions to Winnipeg Jets fans after a viewing party Sunday afternoon for their game against the St. Louis Blues. While most of the responses were similar, Josh Rempel said, 'The trials in London are just kind of the first step in beginning the change of that culture where it's all about protecting each other, and instead it's about doing the right thing. 'This is really starting to finally look like there might be some change on the horizon, which is a really big thing for me. I've got two young kids that I want to put into hockey myself, but the culture that exists right now is so bad in so many different places that it's not a really great place for anybody.' 2 hours ago Natalie Stechyson Good morning. I'm a writer and editor based in Kingston, Ont., and I'll be curating your live page updates today. Once again, we have multiple reporters at the Ontario Court of Justice in London where the sexual assault trial for five former Canadian world junior hockey players continues this morning. On Monday, the jury saw surveillance video outside Jack's bar on London's Richmond Row. You can read all about the first day of the trial and the evidence presented so far here. You can also listen to our radio story here (around the 10-minute mark). Today, the jury is expected to see more videos from Jack's bar and the Delta Armouries, the hotel where the sexual assault is alleged to have taken place in the early hours of June 19, 2018. Proceedings are expected to start around 10 a.m. ET. Stay with us as we bring the latest developments throughout the day.
