Despres trial adjourned; experts to testify on defendant's mental state

The trial of Gregory Despres has been adjourned until January, when experts will testify whether the defendant's mental state could allow him to be criminally responsible.

Despres, 25, is accused of killing his elderly neighbours, Fred Fulton, 74, and Verna Decarie, 70. He has pleaded not guilty to two counts of first-degree murder.

The two were found dead in their Minto, N.B., home on April 26, 2005. Both had been stabbed repeatedly and Fulton was decapitated.

The family of the victims were noticeably upset by the adjournment. An audible gasp and some swearing was heard from family members in the courtroom. Others left in tears.

"We're sitting here 2½ years after these murders, and my God, how muchare people supposed to take before they can get some justice?" said Michael Richardson, Fulton's nephew.

"Gregroy Despres is winning. We're not winning anything here. He's winning because he's got more than nine lives, and unfortunately Freddy and Verna only had one."

It had been expected that the trial, which began Nov. 5 and had originally been scheduled to span three weeks, would be wrapping up within the next week.

The decision to postpone the trial came after Crown prosecutors wrapped up their case against Despres Friday morning.

Court to hear testimony on Despres's mental state

The defence told the Court of Queen's Bench in Fredericton that it would not be presenting evidence regarding Despres's connection to his neighbours' deaths. But it did want to call evidence pertaining to Despres's mental health at the time of the crimes andwhether the accused could be held criminally responsible.

This is Despres's second trial. It is being heard by Justice William Grant alone.

His first trial was halted in February after he exhibited bizarre behaviour in the courtroom. After a psychiatric assessment, he was declared unfit to stand trial in April and ordered to undergo treatment for paranoid schizophrenia.

In July, a provincial review board ruled Despres had responded well to psychiatric treatment, understood the court proceedings and the charges against him, and was fit to stand trial again.

Grant announced Friday afternoon that a week will be set aside beginning Jan. 28 to hear evidence from expert witnesses that will be called by both sides.

Crown lawyers told CBC News the defence's move toquestionDespres's criminal responsibility is not unexpected.

A psychiatrist from Toronto has already been secured by the Crown to provide testimony when the trial resumes.

Fulton tried to escape from his attacker

Earlier in the day the Crown wrapped up its case against Despres with expert testimony from RCMP Staff Sgt. Alain Richard.

A police blood-spatter expert, Richard retraced the probable final moments of Fulton on the night of his death.

Footprints made in blood by bare feet and a pair of boots show Fulton and his attacker travelled throughout the house, the court heard.

Blood found on the back porch of the small home indicate Fulton managed to escape outside the house at one point during the attack, but appears to have been caught and dragged back inside, Richard said.

Fulton was found stretched out in the kitchen, dressed only in underwear. His severed head was stuffed in a pillowcase under the table.

Other evidence in the home suggests Fulton appears to have barricaded himself in the bathroom, Richard said.

Blood marks suggest Fulton sat on the floor with his back against the door and his feet braced against the tub in an effort to ward off his attacker, he testified.

"Mr. Fulton, while bleeding, was at one time on the bathroom floor with his blood-soaked back on the door, with the door partially open. He was moving about on the floor," Richard testified.

Swipes of blood were also found on the locking latch to the bathroom door, he said.

Fulton's blood was spattered on walls, furniture and clothing that was later seized from Despres, said the RCMP officer.

The graphic evidence proved too much for some members of Fulton's family attendingthe trial, and they left the courtroom.

Decarie appears to have sustained her injuries in the bedroom and never left the spot where she was found lying next to the bed, he said.

Richard said he couldn't speculate as to how long the attack lasted.

A relative last saw the victims on the evening of April 23. Their bodies were found in their home by Fulton's daughter on April 26.

Despres was arrested in Massachusetts in the early morning of April 27.