New Brunswick

Lawyers want victim's daughter to give video testimony

Crown prosecutors will ask that the daughter of a murdered Minto musician be able to testify via video conferencing, rather than face his accused killer in court.

Crown prosecutors will ask that the daughter ofa murdered Minto, N.B.,musician be allowed to testify via video conferencing, rather than face his accused killer in court.

Debbie Mowat discovered the bodies of her father, Fred Fulton, 74 and his wife Verna Decarie, 70, in their Minto home on April 26, 2005, three days after they died.

Gregory Despres, 24, walks past the media on the first day of his murder trial in Fredericton. ((CBC))
Gregory Allen Despres, 24, is on trial for first-degree murder in the killings. He is accused of fatally stabbing both victims, eventually decapitating Fulton. He lived next door to the victims and has pleaded not guilty to the crimes.

Crown Prosecutor Paul Hawkins said he wants Mowat to be able to tell her story without having to face Despres.

Fulton's nephew, Michael Richardson said the family supports that idea. "Probably better for her to do it in-camera, outside the courtroom, because of her being fragile right now. Probably better for her not to be in the courtroom to face Mr. Despres."

On the first day of testimony Monday, Despres appeared pale and dishevelled, with his dark brown hair mussed and spiky. He has been in custody since his arrest in April 2005.

Provincial Court Judge Judy Clendenning has set aside five weeks for the trial in Fredericton.

Hawkins is expected to call60 witnesses and present more than 60 exhibits. Keywitnesses will be Fulton's grandson, Fred Mowat,andDespres's grandfather, Adolph Despres. The trialwill be heard by judge alone.

Despres had earlier run-ins with the family

Police say an attacker broke into the Fulton-Decarie home on Slope Road in Minto on April 23, 2005, stabbing Decarie in the bedroom, and then attacking Fulton in the kitchen with a knife, eventually beheading him.

Fred Fulton was a well-known country musician before his death in April 2005. ((CBC))
Despres quickly became a suspect in the deathsbecause of earlier run-ins with the family. He had already been convicted of assaulting and threatening Fulton's son-in-law and wasdue to be sentenced on April 25.

But instead of going to court for his sentencing, police sayDespreswent to the St. Stephen-Calais border crossing and arrived at customs carrying a chainsaw, a hatchet, a homemade sword, a knife and brass knuckles.Customs officialssaid Despres's clothes and chainsawwere flecked withreddish-brown stains.

U.S. customs seized weapons

U.S. customs agents questioned Despres, seized his weapons but let him go after a check revealed no outstanding warrants for his arrest in the United States. Despres is a naturalized U.S. citizen.

Despres was arrestedApril 27 while walking on the side of the road in Massachusetts after awarrant was issued for missing his April 25 sentencing.He was then charged with two counts of first-degree murder and extradited to New Brunswick.

Psychiatric tests have judged him mentally fit to stand trial for the slayings.

Despres's court appearances since then have been volatile, as he exchanged angry comments with family and friends of the two victims and fired one ofhis lawyers.

Town still reeling

Two years later, thesmall town of Minto is still reeling from the slayings. Fulton was a well-known country musician, providing entertainment at parties and concerts all over central New Brunswick.

Eldon Kilfillen lived near both homes, and said he and his neighbours don't feel safe anymore."A lot more doors are locked now than there was then.I didn't lock a door in my life until that happened," he said.

Since the slayings, the community has rallied around the victims' families,creating a scholarship foundation in Fulton's name and holding benefit concerts to raise money for local musicians.

With files from the Canadian Press