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Noyes hearing delayed until December

Kimberly Noyes, accused of killing 12-year-old John Fulton

Defense attorney for Kimberly Ruth Noyes claims lack of full disclosure of evidence by the Crown has resulted in further delays in Noyes' arraignment. The hearing for the murder of 12-year-old John Fulton was held in the Grand Forks courthouse Monday, Nov. 9 although the accused was not present. Defense attorney Deanne Gaffar represented Noyes by telephone conference, while prosecutor Phillip Seagram was on hand for the Crown.
The main topic for the short session was the length of time and preparation that the Crown is taking to proceed with a preliminary court hearing. Gaffar raised concerns over the time frame the Grand Forks RCMP has had to move towards full disclosure of information. Gaffar expressed her frustration since her client is still not in a position to arraign after a lengthy investigation and nearly three months incarceration.
Seagram said he hoped to provide the balance of the information by Friday or Monday of the coming week. Delays have been a result of a shortage of local RCMP manpower that is being stretched as far as Kelowna for a separate murder case, Seagram stated.
The RCMP is still gathering evidence in the case as they issued a plea for witnesses to come forward on Oct. 31. Investigators were interested in identifying and speaking with three Caucasian males who were noted to be within the complex on Saturday, Aug. 15 between approximately 5 and 6 p.m. standing in the complex parking lot near Kimberly Noyes’ unit that day. The three individuals came to their attention via information from one of the residents but the RCMP has yet to identify them or speak with them.
Cpl. Dan Moskaluk, media relations officer for the RCMP, said that the resident was out on his porch on Saturday, Aug. 15 at around 5-6 p.m. and made a loud bird call to get a friend's attention in a field near the complex. The resident noted that when he made the loud bird call, it caught the attention of these three men who turned and looked at him as he made the calls. RCMP is hoping that these males recall this happening on that weekend.
“The investigators have yet to identify these three males,” said Moskaluk. “The major crime unit investigators have had about 100 persons interviewed to date on their ledger, but not these three men.”
Noyes has been in custody since days after Fulton’s body was found in August. Arraignment date has now been set for December 2 in Grand Forks where another telephone conference will be used and Noyes will not appear.