Jurors take 23 minutes to find Calgary police officer not guilty of sexual assault
Brandon Kan, 33, was charged in 2024 after an incident in 2020
After less than 30 minutes of deliberations, a Calgary jury has found a local police officer not guilty of sexually assaulting a woman while on a first date back in 2020.
After a week-long trial, jurors began deliberating the fate of Brandon Kan, 33, on Monday at 12:30 p.m. and indicated to the jury guard before 1 p.m. that they'd reached a verdict.
Kan buried his face in his hands and began to sob as the jury foreperson said the words "not guilty."
The Calgary Police Service (CPS) officer was charged in 2024 after a three-and-a-half year investigation led by the Alberta Serious Incident Response Team (ASIRT) into an October 2020 incident.
'The truth'
Outside the courtroom after the verdict, Kan's lawyer Jim Lutz said it's been a long four years for his client.
"Life has changed and for him this is the new day for him in his career," said Lutz.
"He's very grateful to the jury for seeing the truth."
Kan has been suspended with pay since he was charged.
The complainant can't be identified due to a publication ban; CBC News is calling her LH.
LH testified that she and Kan were set up by mutual family friends in the summer of 2020.
Kan said sex was 'consensual'
After several weeks of texting back and forth, the pair planned a first date for Oct. 9, 2020, involving pumpkin carving, take-out food and wine at Kan's house.
For the first five hours, LH said the date went "very well" and the conversation flowed.
The two began kissing and ended up in Kan's bedroom.
LH testified that Kan performed several sex acts without her consent.
When it was his turn to take the stand, Kan told jurors that the complainant was "very passionate," "enthusiastic" and expressed pleasure by moaning and grabbing the sheets.
He described the sex as "consensual."
Two different stories
LH also testified that Kan, without any words, leaned his forearm on her neck and told her to tap his elbow when she wanted it released.
But Kan told jurors he used his hand, not his forearm, for an "enhanced sexual experience" and said they both understood the tapping signal ahead of time.
After the sex, LH spent the night.
The two hugged and kissed goodbye in the morning and LH told defence lawyer Jim Lutz that when she left, she "really didn't take any of this very seriously."
It was only after speaking with friends that LH testified she decided to report Kan to police.
Kan told jurors that he "felt good about the date" and "wanted to see [LH] again."
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