Date still not set for murder trial

Mona Mattei
By Mona Mattei
January 12th, 2010

The trial date is still not set for Kimberly Noyes, accused of murdering 12-year-old John Fulton in Grand Forks last August, after another appearance in the Supreme Court in Nelson on Jan. 4. Crown Counsel Philip Seagram said that the trail is expected to take place in late spring, although that will not be confirmed until the next court appearance.

Defence counsel Deanne Gaffar again appeared on behalf of Noyes by telephone. The discussion at the appearance focused on the possible length of time the trial may take, and how the trial may be scheduled. The case was adjourned until Feb. 15 to allow for scheduling to be completed when parties will once again come before the courts in Nelson.

“The judge was told that the case could be heard in May or June of this year, and they hope to schedule the trial in May or June. We hadn’t been able to arrange a date over the Christmas period, and we hope to be able to schedule a date by Feb. 15 which is the next appearance,” said Seagram.

The lawyers expect the case to take between three and four weeks at trial. According to Seagram, the accused will not enter a plea until immediately before the trial which is typical for cases before the Supreme Court.

“It’s a bit different than Provincial court where the plea is taken from the accused before the matter goes to be set down for trial. In Supreme Court, generally the plea is not entered until immediately before trial,” said Seagram.

Noyes remains in custody at the Surrey Pre-trial Centre where she has been since soon after her arrest in August. Noyes, 42, is charged in the murder of Fulton who was found dead at Noyes’ apartment in Grand Forks on Aug. 10, 2009 after an extensive search of the local area uncovered his body just steps from his own home within the Gables housing complex.

Categories: General