U.S. border guards couldn't hold Despres, court told

Maine border guards knew Gregory Allan Despres was skipping a court appearance in Canada when he arrived at the Calaiscrossing in 2005 carrying a cache of weapons but they couldn't stop him from entering the United States, court heard Monday.

"We had no choice but to let him into the U.S.: That is the law," John Chambers, border officer with the U.S. Department of Homeland Security based in Calais, told the start of the second week of Despres's first-degree murder trial in Fredericton.

'It was evident to the RCMP that he was skipping court, and evident to us that he was skipping court and coming back to the U.S.' — Border officer John Chambers

Timothy Donnell, assistant port director with U.S. Customs in Calais, agreed, telling court that the guards exhausted every avenue they could to find a reason to detain Despres the morning of April 25, 2005, because of his odd behaviour.

But he was carrying a valid U.S. passport and checks with both Canadian and American authorities revealed no outstanding warrants, he said, so they had to let him go.

Despres is accused of fatally stabbing his elderly neighbours Fred Fulton, 74, and Verna Decarie, 70, in their Minto home on April 23, 2005. Their bodies were discovered three days later.

The 24-year-old has pleaded not guilty to two counts of first-degree murder.

Judge considers whether testimony will be evidence

Chambers and Donnell, who testifiedin a voir dire to determine the admissibility of evidence, are among nine U.S. border officials scheduled to testify.

Judge Judy Clendenninghas yet to rulewhether their testimony will be considered evidence against the accused but did not ban publication of the comments.

Chamberstold the courtthat Despres turned up at the border around 6:45 a.m. on April 25 — two days after the couple was killed and the day before their bodies were found — wearing a rain poncho and carrying a sword and chainsaw attached to a backpack.

He said four officers surrounded Despres as soon as he walked into the building, quickly moving him away from other travellers and seizing his sword and chainsaw.

Despres said he was with U.S. Marines

Despres willingly signed a document allowing guards to take the items and also handed over a hatchet, a hunting knife and brass knuckles. He removed his poncho and a hooded sweatshirt, at the request of the officers, revealing a military-style flak jacket.

Chambers testified that Despres identified himself as a lieutenant with the U.S. Marines, claiming to be on duty and returning from a job in Canada. He told guards he had 700 kills to his record and was to report to someone named Captain Beck.

The guard, who was in charge of processing Despres's file and a 20-year-veteran of law enforcement, said he didn't believe the story. "There was something there, but I couldn't put my finger on it," Chambers said.

Despres's U.S. passport was authenticated, and calls to St. Stephen RCMP revealed none of the items seized from Despres were stolen.

'It was … evident to us that he was skipping court'

"Further on in our checks, it was apparent that Mr. Despres was due to appear in court that day, April 25, to be sentenced on charges that he'd already been found guilty for," Chambers said.

"It was evident to the RCMP that he was skipping court, and evident to us that he was skipping court and coming back to the U.S."

But with no outstanding warrants, he said, under U.S. law he couldn't detain Despres, who was released after three hours.

Despres was arrested the following dayas a result of a warrant issued by a New Brunswick court after he failed to show up for the April 25 sentencing on an assault conviction.

Chambers said Despres was cold and wet and, other than telling a strange story and carrying weapons, was co-operative. He gave Despres a hot cup of coffee, let him use the phone and watched him change his wet socks.

"He seemed agitated," Chambers testified. "I thought he seemed a little off-centre, as far as his mental thinking, with all the talk about Captain Beck, but like I said, he was co-operative and easy to deal with."

Donnell agreed Despres's behaviour was odd. "My impression was that he appeared he was on some sort of speed. His eyes were very dilated. He was just right on edge and just wired up."

The trial continues Tuesday.