Latest news with #JefferyTurnbull
CBC
23-07-2025
- CBC
Hamilton police officer accused of sexually assaulting co-worker 'purposely' misinterpreted her: Crown
Social Sharing WARNING: This article references sexual assault and may affect those who have experienced sexual violence or know someone affected by it. It also mentions thoughts of suicide. A Hamilton police officer who stands accused of sexually assaulting his colleague in 2022 "would not take no for an answer," Crown lawyer Jason Nicol argued as he completed his closing arguments Tuesday in a Burlington courthouse. "In a nutshell, this case is about a more experienced and senior police officer who would not take no for an answer from a younger, very inexperienced female colleague despite her attempts to mollify him and repel his advances," Nicol said. In the trial, which began in January, Nicol said Jeffery Turnbull pursued a younger officer, made sexual comments, sent her unsolicited messages and gifts and inappropriately touched her without her consent before sexually assaulting her in March 2022. The woman's identity is protected under a standard publication ban. Turnbull has pleaded not guilty in the case before Ontario Justice Jennifer Marie Campitelli. The trial has taken place in Hamilton and Burlington, Ont. Defence lawyer Joanne Mulcahy finished making her closing argument at the Ontario Court of Justice in Burlington on July 17. Her final submission, which began in June, focused on what she said were inconsistencies in the woman's story of the alleged assault and her interactions with Turnbull in the months before and weeks after. Defence says two officers were having an affair On the stand, the woman said Turnbull spoke to and messaged her regularly even though she didn't want to talk to him. She said he gave her gifts and flirted with her, including by sending her nude images of himself. She said he would talk about his poor mental health or even threaten suicide if she didn't go along with what he wanted. It was under those circumstances, the woman said, that she went to Turnbull's home when his wife was away to visit him, his children and dog with her new puppy. The woman says it was on that visit that Turnbull pinned him to the couch and sexually assaulted her despite her saying she didn't want to have sex. The defence says the two were actually having a consensual affair, which the woman denies. Turnbull said the two planned to have sex while his wife was away, the woman was a willing participant, and that the visit with her dog was actually the next day. Mulcahy said the crown failed to prove beyond a reasonable doubt that the sex at Turnbull's residence was non-consensual. The woman was inconsistent in her description of the alleged assault, Mulcahy said, not using the word rape with investigators and only using it on the stand Jan. 10. Her story about the alleged assault also didn't add up, Mulcahy said. For example, the woman said a back injury prevented her from resisting, but she was working as a police officer in the field and had not been deemed unfit to perform her usual physical duties. The defence also said she mischaracterized their relationship. For example, Mulcahy said, text records show the woman called Turnbull "rude" when he removed her as a Snapchat friend, indicating she wanted to talk to him. Crown says inconsistencies are understandable Nicol said inconsistencies in the woman's testimony were understandable and "peripheral." For example, he said, she's clear on which weekend the alleged assault happened, even if there is disagreement about the exact day. And he said that while the Crown and defence may disagree on when Turnbull allegedly touched the woman inappropriately at work, there was ample opportunity for that to occur within the time frame the woman suggested. He said the woman participated in preparatory meetings with the Crown and had already done an interview with Ontario's Special Investigations Unit — which investigates police conduct — and the Hamilton police professional standards team. It would be unreasonable to assume she could remember exactly what she said during a "gruelling" and "extensive" cross examination, Nicol said, alluding to her crying and requiring breaks while on the witness stand. He noted she testified "a trial was the last thing she wanted," and said "she has gained nothing from this process but stress and grief." Consent must be communicated at the time: Crown Nicol also said the defence was tapping into myths about how a survivor of sexual violence should or should not act. He said her continuing to speak with Turnbull in the week after the alleged assault is not out of the ordinary. He also accused the defence of unfairly "blaming a victim for failing to be her own criminal investigator," when Mulcahy asked why she hadn't attempted to access deleted Snapchat messages for evidence like her client did. At one point in her closing argument, Mulcahy said her client may have honestly but mistakenly thought the woman was consenting. Nicol countered that consent must be communicated at the time of sex, so "unless Mr. Turnbull had telepathy," it was irrelevant what he thought the woman was thinking if she didn't say yes. A recurring theme in the trial, Nicol said, was Turnbull "consistently and purposely" misinterpreting things that would have been obvious. Earlier in the trial, when Nicol questioned Turnbull about texting the woman after she messaged him saying, "I think I need space," Turnbull responded by saying: "She never said, 'I need space,' she said, 'I think I need space.'" Turnbull said he wasn't clear on what the woman was thinking at the time and didn't think their relationship would be very different going forward, Nicol recounted Tuesday. That "should be very telling," he said, adding it's easy in hindsight so say the woman should have been more direct but understandable why she wasn't. He said often in their relationship, she went along with what Turnbull wanted to keep the peace at work, fearful of getting into trouble for speaking out. Verdict expected in October In her closing arguments, Mulcahy took issue with the complainants' telling of how Turnbull would discuss his mental health. Mulcahy said threats of suicide were introduced on the "eve of trial" to "justify her actions and her conduct" and that it "should be very troubling to the court" that the complainant is "using his disability against him." The woman never mentioned discussions of suicide to the police's professional standards investigation or Ontario's Special Investigations Unit, she said, bringing it up in the first time when she met with the Crown because she needed "spin" to explain why she willingly went to Turnbull's house the instance of the alleged assault. Nicol responded that suicide is a difficult topic for the woman because of a family experience, and denied anyone was weaponizing Turnbull's mental health. He said the officer referenced it to psychologically manipulate his colleague. Campitelli is scheduled to read her verdict on Oct. 3. Ending Violence Association of Canada database.
CBC
26-06-2025
- CBC
Lawyer for Hamilton constable accused of sexual assault uses closing remarks to attack woman's credibility
WARNING: This article references sexual assault and may affect those who have experienced sexual violence or know someone affected by it. The lawyer for Jeffery Turnbull, a Hamilton police constable accused of sexually assaulting a colleague in 2022, portrayed the woman as an unreliable witness whose testimony misaligns with the known facts as his trial continued with closing arguments. On Wednesday, Joanne Mulcahy detailed numerous times that the complainant's testimony outlined information about work assignments that didn't match police records, problems remembering dates, and numerous times the woman asked to look at her own previous statements before responding to questions. The woman's identity is protected under a standard publication ban. Turnbull has pleaded not guilty in the case before Ontario Justice Jennifer Marie Campitelli. Mulcahy argued the woman made up new details in the years since the alleged incidents, and questioned why she provided only select text messages between the two officers to investigators instead of sharing the bulk of their communications — which both parties agree were close to daily in the first few months of 2022. "We have a complainant who deliberately chose to mislead the investigation and mislead you," the defence lawyer said. Mulcahy said Snapchat messages between the two that Turnbull recovered show a different side of their relationship, one in which they were friends and the woman expressed excitement to meet him for sex. "There are lots of things that he was able to recover that she didn't want anyone to know about," said Mulcahy. The trial began early in 2025 but court dates have been peppered throughout the year. It was previously heard in Hamilton, but was moved to Burlington starting Wednesday to access court space sooner than would have been available in nearby Hamilton. Closing arguments will continue in July. Woman says she couldn't escape due to a back injury Turnbull, 40, and his colleague, 28, were in other relationships in March 2022, when the woman was allegedly sexually assaulted at his home. He was charged in June 2023 by Ontario's Special Investigations Unit (SIU). In different trial dates, the two officers painted drastically different narratives of the nature of their relationship and the timeline of events. The woman testified that Turnbull texted and pressured her for months, and she played along to dissuade him from messaging her more, even though he made her uncomfortable. "I would do what I had to do to make sure my life wasn't miserable at work," she said. Mulcahy alleges the female officer was having an affair with Turnbull, which the complainant denies. The two agree they had sex in Turnbull's basement while his two children were sleeping upstairs and his then wife was away on a yoga retreat, but differ on whether it was consensual and when it happened. Mulcahy argued Wednesday that parts of the woman's version — that her new puppy was upstairs and unsupervised with Turnbull's adult dog — are improbable. The woman previously said she went to Turnbull's house the evening of the alleged assault because she panicked when he messaged her about killing himself. The defence, however, has noted she did not mention suicide in interviews she gave to Hamilton police or SIU investigators in 2022. The first time she mentioned suicide, Mulcahy said at a previous court date, was in a December 2024 interview with the Crown. The woman has said she couldn't escape Turnbull's advances because she had a back injury. "I kept telling him I didn't want this," she said. "I wanted to go home." On Wednesday, Mulcahy pointed out the woman participated in highly physical and demanding police training shortly after the alleged sexual assault. "She couldn't move, couldn't get up fast enough, and days later she's doing use-of-force training," said Mulcahy. Defence stresses proof beyond reasonable doubt The complainant attended court on Wednesday with a large group of supporters, including her fiancé, who court previously heard has been with her since before the alleged assault. She left the gallery and sat in the hallway for some parts of Mulcahy's submissions. From the defence bench, Turnbull typed steadily on a laptop throughout the day's proceedings. Mulcahy said proof beyond a reasonable doubt is the bar for conviction. "There are significant concerns regarding [the woman's] credibility," Mulcahy said. "Even if you do not believe the testimony of Mr. Turnbull, but are left with a reasonable doubt, you must acquit." Mulcahy will continue her submissions on July 14, followed by Crown attorney Jason Nicol's final submissions.
