Case against Eric Wildman, accused of murdering neighbour, based on 'assumption and speculation': defence
Wildman has pleaded not guilty to 1st-degree murder in the June 2021 death of Clifford Joseph
Lawyers for a man accused of murdering his neighbour in a rural Manitoba village in 2021 told jurors hearing Eric Wildman's trial on Wednesday the Crown's case against their client was built on "nothing more than assumption and speculation."
"So far, you've only heard one side," defence lawyer Martin Glazer told court Wednesday morning in his opening statement, stressing to jurors in a trial that began last month that they hold Wildman's fate in their hands.
"He looks to you for justice. You are his safeguard against false accusations, and you are his safeguard against injustice," Glazer said. "This case is nothing more than assumption and speculation, rather than real evidence."
Wildman has pleaded not guilty to first-degree murder in the death of 40-year-old Clifford Joseph on or around June 7, 2021, in the village of Stead, about 80 kilometres northeast of Winnipeg.
Prosecutors allege that when Wildman caught Joseph trying to steal something on his property that day, he hit the victim with his vehicle, then took the injured man to another location where he executed him.
When Joseph's remains were finally found over a month later, following a lengthy search, he had a broken leg and jaw. But prosecutors say what killed him were three gunshots, including one to the back of the head.
Wildman's defence began introducing their own evidence in the case on Wednesday, with testimony from a collision reconstruction expert who said his findings, after examining photos of the scene and of Wildman's vehicle, did not conclusively prove the vehicle had hit a person.
Former police officer Terry Lolacher also testified that while the vehicle did have damage, it could have come from hitting an animal like a deer or from being vandalized. Lolacher also said there were tire tracks on the property where prosecutors allege Wildman hit Joseph with his vehicle, but he saw nothing to tell him exactly which vehicle left them there — or when.
During cross-examination, Crown attorney Chris Vanderhooft noted Lolacher didn't review all the evidence involved in the case, including testimony from Joseph's girlfriend, Cristin Wise.
Joseph had been reported missing the morning he's believed to have been killed, after Wise went to look for him at Wildman's home but instead found Joseph's truck across the road, with his keys and phone still inside.
Court heard Wise also found items belonging to Joseph — a hat, a pair of shoes and a headlamp — scattered across their neighbour's property.
When asked by Vanderhooft whether a person's hat or shoes — or something loosely attached to them, like a headlamp — could come off when they're hit by a vehicle, Lolacher agreed they could.
"You'd agree with me sir, and not to be too glib about this, but deer don't typically wear shoes, hats and a headlamp, do they?" Vanderhooft asked.
"No, they do not," Lolacher said.
Vanderhooft also noted Lolacher didn't examine Wildman's vehicle in person either, only looking at photos of it to draw his conclusions.
The jury trial before Court of King's Bench Justice Richard Saull is the second one for Wildman related to Joseph's death, after his first one ended in mistrial.
It is scheduled to run until next week.
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