George Roswell Osmond :Victim Kayla John, 13, Murder Trial 2009

 
 
Here is the latest news on the new trial of convicted Murderer/Rapist George Roswell Osmond in the brutal slaying of Kayla John, age 13, of Zeballos, British Columbia, Canada. Kayla is a First Nation, Ehattesaht, child.  Her battered and raped body is buried alone near the offshore area of Zeballos in Northern Vancouver…
 
September 23, 2009 (The murder was committed on April 15, 2004…How slow are the wheels of "Justice"?!)
 
 (please read the first blog here for more backgound in this case or the links below: NOTE how the "story" of George Osmond seems to have "changed")
 
From the recent article:
 

New trial gets under way in Kayla John murder case (second "New Trial")

 

 
Canwest News ServiceSeptember 23, 2009 12:00 AM
 
 

A new trial got under way in a Nanaimo court room on Monday for a former Campbell River man accused of killing a 13-year-old girl in Zeballos in 2004.

George Roswell Osmond, 26, is charged with first-degree murder in the death of Kayla John. Her body was found in a pile of debris behind the family’s trailer.

The first witness in the trial was a retired RCMP corporal who worked with the forensic identification section in Campbell River.

David Collis said he was called to Zeballos and told the body of a girl reported missing had been found. Collis went through the process they used of meticulously documenting the crime scene before removing branches and wood piled on the body. Further details are expected to emerge as more officers, a forensic pathologist and witnesses from Zeballos testify at the B.C. Supreme Court trial.

The trial is by judge alone.

A new trial for Osmond was ordered after the Court of Appeal for B.C. found that Osmond’s right to consult a lawyer was breached after his arrest, about three weeks after John was killed.

(REPOSTED UNDER FAIR USE ACT)

Please read some of the other articles in this case also.  You will see what is NOT being said in this article!

"The Province" newspaper March 9, 2009:

"The 13-year-old girl was beaten to death in her bed. A man confessed to the murder and
sexual assault of Kayla and was convicted of first-degree murder, but he was granted a
new trial on a technicality."

("a man" is George Roswell Osmond")

Find more on Kayla John’s murder by George Osmond (and info about the tiny seaport village of Zabellos at:

http://en.wikipedia.org/wiki/Zeballos,_British_Columbia

Zeballos, British Columbia
From Wikipedia, the free encyclopedia

"On April 27, 2004, the body of young resident Kayla John was found in a wooded area close to her home. The murder made national headlines, shaking this tiny community of under two hundred and fifty people. Less than one month after her death, a local man, George Osmond, was charged with the death of the thirteen-year-old girl.[4] He was convicted and sentenced to life in prison shortly thereafter.[5]

The fact that Kayla John was a member of the Ehattesaht First Nation, and that her alleged killer was a white man, lead to suggestion of the crime having racial undertones. It also brought attention to the developing issue of juvenile delinquency in the area, a problem faced by many isolated, predominantly First Nations communities. [6] The public’s growing concern resulted in a locally organized policing initiative: Citizens on Patrol.[7]"

UPDATE! OSMOND IS GETTING ANOTHER NEW TRIAL!!!! IS NEEDED AT WIKIPEDIA; WHY SO MUCH "secrecy" in the case?

GEORGE OSMOND ARRESTED MAY 2004:

http://www.cbc.ca/canada/british-columbia/story/2004/05/17/bc_arrest20040517.html
Man arrested in Zeballos girl’s murder
Last Updated: Monday, May 17, 2004 | 9:26 AM PT
CBC News
The man charged with murdering a 13-year-old Vancouver Island girl last month will make his first appearance in court in Courtenay on Monday.

Kayla John’s body was found in a wooded area near her home in Zeballos on April 27

Kayla John 

FROM APRIL 28, 2004: Missing teen found dead

Twenty-one-year-old George Osmond, who now faces a charge of first-degree murder, was a friend of dead girl’s family.

He had told a newspaper that he had been drinking with Kayla’s mom at the family’s trailer on the night before the girl disappeared.

The next day, Osmond and a local teen mowed the John’s lawn – not far from the spot where Kayla’s body was found a short time later.

Osmond grew up in Zeballos, but moved to Courtenay a few years ago. He returned to the tiny community last month.

The RCMP says Osmond’s arrest was the result of an investigation involving 12 officers – and tips from Zeballos residents.

Zeballos Mayor Cliff Pederson says many parents were relieved to hear the investigation had led to an arrest.

"I think everybody was concerned about their kids and other young kids in the community that we didn’t know who was responsible, or where the person came from."

But he says news that the murder suspect is from Zeballos has devastated the village. "We already suffered the one blow. Now we have another one."

(LET US PRAY THAT THE FORENSIC TEAM DID A GOOD JOB AND THAT THE TESTIMONY WILL REMAIN THE SAME IN KAYLA’S CASE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!)

http://www.westcoaster.ca/modules/AMS/article.php?storyid=3695
New Trial For Convicted Zeballos Killer
 
Published Date: 2008/2/22 0:10:00Article ID : 3695
Version 1.00
By The Canadian Press

OTTAWA – A man convicted of first-degree murder in the death of a 13-year-old girl on Vancouver Island four years ago will get a new trial.
The Supreme Court of Canada has refused to hear the Crown’s appeal of a lower court ruling that ordered the new trial for George Osmond. As per usual, the high court did not give reasons for its decision.
A B.C. Appeal Court overturned Osmond’s conviction last fall, on the grounds that his right to a lawyer was denied.
In the appeal court decision, Justice Ian Donald noted Osmond’s age and level of sophistication.
In a transcript of a conversation between Osmond and an officer after his arrest, Osmond told the officer he understood he had been arrested for murder “like I took Law 12.”
The judge noted Osmond didn’t pass Law 12.
“This is a young man who had to be told that he could not defend himself on a charge of first-degree murder,” Donald wrote.
“He may have had an operating mind but, with respect, he was not very smart.”
Osmond was convicted of beating, strangling and stabbing Kayla John in Zeballos in 2004, when he was 21 years old.
The conviction was thrown out because Osmond was interrogated by police despite the fact he had just a two-minute conversation with an on-call lawyer answering a legal aid service line.
The trial judge who convicted Osmond used his videotaped confession as the primary basis for conviction.
John’s body was found in a shallow grave in the remote West Coast Vancouver Island community of Zeballos one day after the teenager was reported missing.
The appeal court also noted that police were also not helpful in trying to get Osmond legal representation after his arrest.
He was taken into custody late on a Friday afternoon. Police called an answering service contracted by the B.C. government and an on-call lawyer returned the call, telling Osmond not to say anything to police.
The judge said that lawyer didn’t know any criminal lawyers in the Courtenay area, Osmond had no access to a phone book or a list of legal aid lawyers and the police made no effort to help him contact his former lawyer.
He said Osmond faced interrogation after a two-minute phone call from a remote stranger with no local knowledge.
“Stepping back from these circumstances and assessing them from a fair treatment perspective, here is a young unsophisticated accused in custody with the benefit of a two-minute phone call, put against a skilled interrogator lawfully entitled to persuade him to ignore the lawyer’s advice and to employ a range of techniques. . . ,” Donald wrote in appeal court decision.

(WHO DO THEY THINK THEY ARE KIDDING?! HE WAS GIVEN A LAWYER WHO TOLD HM NOT TO SAY ANYTHING!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!)

NEWS FROM OTHER "WATCHERS":

(THANK YOU!)

GEORGE OSMOND’S MURDER CONVICTION QUASHED; OVERTURNED, NEW TRIAL:

http://www.mail-archive.com/natnews-north@yahoogroups.com/msg04865.html
[NatNews-north] Murder conviction quashed
Don
Tue, 02 Oct 2007 07:16:39 -0700

Murder conviction quashed
Appeal court says he was deprived of legal advice
       
      Susan Lazaruk
      The Province

(INTERESTING HOW THE ARTICLES ON THIS CASE ARE DISAPPEARING FAST!?)

http://www.cbc.ca/canada/british-columbia/story/2007/10/01/bc-trial.html

New trial for B.C. man convicted of killing girl, 13
Last Updated: Monday, October 1, 2007 | 5:00 PM PT
The Canadian Press
The B.C. Court of Appeal has ordered a new trial for a man convicted of first-degree murder in the death of a 13-year-old girl on Vancouver Island because his right to a lawyer was denied.

George Osmond was convicted in a December 2005 trial by judge alone in Campbell River of beating, strangling and stabbing Kayla John in Zeballos, on Vancouver Island, in 2004, when he was 21.

In allowing the appeal, Justice Ian Donald noted Osmond’s age and level of sophistication and the unhelpfulness of police in providing him access to legal counsel.

Court was told after Osmond was arrested late on a Friday afternoon, police called an answering service contracted by the B.C. government and an on-call lawyer returned the call, telling Osmond not to say anything to police.

The judge said that lawyer didn’t know any criminal lawyers in the Courtenay area, Osmond had no access to a phone book or a list of legal aid lawyers and the police made no effort to help him contact his former lawyer.

He said Osmond faced interrogation after a two-minute phone call from a remote stranger with no local knowledge.

"Stepping back from these circumstances and assessing them from a fair treatment perspective, here is a young unsophisticated accused in custody with the benefit of a two-minute phone call, put against a skilled interrogator lawfully entitled to persuade him to ignore the lawyer’s advice and to employ a range of techniques," the judge wrote in his ruling.

"This is a young man who had to be told that he could not defend himself on a charge of first-degree murder," Donald wrote. "He may have had an operating mind but, with respect, he was not very smart."

The judge said the trial judge who convicted Osmond used his videotaped confession as the primary basis for conviction.

WILL OSMOND’S CONFESSION BE ALLOWED AT THIS "NEW TRIAL"? "unlikely"!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!??????????????????

Tuesday, October 02, 2007
http://www.canada.com/theprovince/news/story.html?id=75c35d4a-a764-4056-829d-865b86bf0114

          
            CREDIT: Times Colonist file photo
            George Osmond is escorted by sheriffs during his 2005 trial for the
murder of 13-year-old Kayla John.
    
          
            CREDIT: 
            Kayla John
    
The B.C. Court of Appeal has thrown out a first-degree murder conviction
against a Zeballos man who had confessed to beating, knifing and strangling to
death a 13-year-old girl.

George Osmond, now 24, was convicted by judge alone in December 2005 in the
murder of Kayla John in April 2004.

Her body, naked below the waist, was found in a shallow grave behind her mobile
home and covered with scrap lumber and branches. She had been sexually
assaulted and Osmond’s DNA was found under her fingernails.

The murder of Kayla — described by neighbours as spunky and joyful and a
regular at Bible class — followed by Osmond’s arrest two weeks later and a
subsequent three-week trial shook up the town of 250 on the west coast of
Vancouver Island.

After his arrest, Osmond appeared to think he could talk his way out of the
situation, telling police he knew what he was up against because he had taken
"Law 12" in school.

He was persuaded to call a lawyer but spoke only briefly with a long-distance
on-call lawyer, who warned him not to say anything to police or cellmates while
he spent the weekend in custody.

He was not referred to a Zeballos-area lawyer or allowed to ask for help from
his father.

Instead, he was interrogated by police in lengthy videotaped interviews during
which he tearfully ended up confessing.

The three-judge appeal court ruled that his age and lack of sophistication at
the time of the murder, as well as the inadequacy of the legal process,
effectively deprived him of the right to full access to a lawyer without delay,
guaranteed under Section 10 of the Charter.

The appeal court ordered a new trial.

"It’s kind of a shock," especially for the girl’s Ehattesaht First Nations
family, said Chief Fred Adams. "It’s kind of putting a little doubt in the
justice system."

Kayla had been home alone, sleeping in her sister’s bed in the unlocked family
mobile home in Zeballos. Osmond, who lived nearby, later admitted he hopped
into the bed expecting to find Kayla’s older sister there and beat the girl
after she "freaked out" and hit him.

It’s unlikely that Osmond’s confession will be allowed as evidence at the new
trial, according to the appeal court ruling.

Colleen Steele, the mayor’s receptionist, said the new trial is "going to bring
out all the old feelings. People aren’t going to want to go through this all
again."

("People aren’t going to want to though this all again" ???????????????????????????? What about JUSTICE for Kayla? A murderer/rapist FREE?! We can only PRAY that the witnesses will be able to travel to Campbell River for the new trial and that the RCMP & Forensic Teams DID THEIR JOB! ALSO NOTE THAT THE ARTICLE SAYS HE WAS "persuaded to call a lawyer"; "persuasion"… he was "persuaded" to confess, he says. Yet, He bragged about knowing LAW! He called a lawyer! He was told to "say nothing about the case" or speak to anyone about the case… He is diabolical!  And a liar!)

(Realize that many of The First Nation people are poor and would have difficulty attending any trial outside their tiny village.  Only one (poor) road goes into Zeballos, and planes are needed to fly out! Boats are also used to travel…)

(Can’t find all of this article now; it IS on my other computer. We had thought that the conviction of George Osmond in little Kayla’s brutal rape and murder HAD been brought to "justice"; IF you consider the maximum of 25 years in Canada "JUSTICE"!!!!!?):

http://torontoseeker.com/item-852270.htm

Feb 21, 2008, 18:41 | 0 (0 Votes) | 0 Comments High court orders new trial for BC
man denied access to a lawyer The Supreme Court of Canada has refused to hear the
Crown’s appeal of a lower court ruling that ordered a new trial for George Osmond
because his right to a ..

(BUT NOW GEORGE OSMOND DOES HAVE THE SUPREME COURT HEARING; WHAT DO THE TAXPAYERS IN CANADA THINK ABOUT "BANK-ROLLING" THIS KILLER’S APPEALS!? OSMOND CONFESSED!)

MORE:

http://www2.canada.com/victoriatimescolonist/news/story.html?id=5e164b41-dceb-4490-a2bc-8a0d4e712800

Zeballos man convicted of killing girl wins retrial
Court of Appeal rules ‘unsophisticated’ accused denied his right to consult with a lawyer
Richard Watts, Times Colonist
Published: Tuesday, October 02, 2007
George Roswell Osmond, convicted of killing a 13-year-old girl in Zeballos, has won a new trial after a successful appeal that is causing legal ramifications provincewide.

In a unanimous three-way decision released yesterday, the B.C. Court of Appeal ruled Osmond had been denied his rights to consult with a lawyer when interrogated by police. The court said the standard, two- to four-minute telephone call to a lawyer hired on contract, was inadequate.

"Here is a young, unsophisticated accused in custody with the benefit of a two-minute phone call, put against a skilled interrogator lawfully entitled to persuade him to ignore the lawyer’s advice," wrote Justice Ian Donald, for the Court of Appeal. "He was hopelessly outmatched."

 View Larger Image
George Roswell Osmond being led away from court after being charged.
Dededda Stemler

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Font:****Osmond was convicted at the age of 22 in December 2005 of first-degree murder and sexual assault of 13-year-old Kayla John, a member of the Ehattesaht First Nation. Osmond was sentenced to life in prison with no chance of parole for 25 years.

It was a case that horrified the mostly First Nation community of 265 people on northwest Vancouver Island. Kayla’s body was found hidden in a shallow grave behind her home on April 27, 2004, after being reported missing the day before. Medical testimony at trial revealed she had been beaten, strangled and stabbed. Some evidence of sexual injuries was also present.

Osmond was arrested on May 14, 2005, and taken to the Courtenay RCMP station where he was questioned by police after being granted a two-minute telephone call to a lawyer, part of a service offered by the Legal Services Society of B.C.

The Appeal Court’s criticism of the telephone service supplied to Osmond has already prompted a review by the Legal Services Society.

Mark Benton, executive director of the B.C. Legal Services Society, said in a telephone interview the service and yesterday’s appeals court decision will be examined to make sure the service is functioning well.

"If it’s not (working well) we’ll be making changes," said Benton.

Before Osmond’s trial began, Victoria lawyer Robert Mulligan was making motions to throw out the results of the interrogation based on the lack of legal assistance offered by the phone service. Mulligan’s motion failed with the trial judge but was granted on appeal.

The Appeal Court zeroed in on the adequacy of the telephone service, dubbed the "Brydges Line," after the Supreme Court of Canada case which articulated the need for people accused of a crime to get telephone access to a lawyer.

It was a toll-free number, dialed by police and put through to Osmond in the room he was being held. The lawyer advised silence, and told him not to speak with anyone, not even someone in the cell with him.

Testifying at the pre-trial motion, the phone-in lawyer said he kept all his advice short, two to four minutes, and simple; Don’t speak to police or anybody in cells.

"It’s quite simple. And in one sense, there’s no difference between murder and shoplifting," said the lawyer.

The lawyer also testified he took the call at his home in Abbotsford during a 5 p.m. to 1 a.m. shift in which, on average, he took 44 calls.

Page 2:
http://www2.canada.com/victoriatimescolonist/news/story.html?id=5e164b41-dceb-4490-a2bc-8a0d4e712800&p=2

Zeballos man convicted of killing girl wins retrial
Court of Appeal rules ‘unsophisticated’ accused denied his right to consult with a lawyer
Richard Watts, Times Colonist
Published: Tuesday, October 02, 2007
He did not recommend any lawyer in Courtenay to Osmond. The phone lawyer said he didn’t even know any lawyers on Vancouver Island, except for two in Victoria.

Police did not offer Osmond the use of the phone book at their station, with its 20 pages of lawyers’ listings.

Prior to the trial, the judge said he thought Osmond was intelligent, when he ruled the statements should be admitted.

t:****But the Court of Appeal disagreed. Osmond never finished high school, worked as a labourer, came from a remote community and was foolish enough to think he could talk his way out of a bad predicament.

"He may have had an operating mind but, with respect, he was not very smart," wrote Donald.

© Times Colonist (Victoria) 2007
previous page 1 2 

ALL ARTICLES REPOSTED UNDER FAIR USE ACT!

(WILL REPOST THE ORIGINAL "QUESTIONING TRANSCRIPT" IN NEXT BLOG HERE… YEP, WE DO HAVE IT! READ IT AND SEE FOR YOURSELF.  HE WAS NOT FORCED INTO A CONFESSION AND WAS TOLD MANY, MANY TIMES TO SEEK AN ATTORNEY’S ADVICE WHILE TALKING TO INVESTIGATORS!!!!!!!!!!!!!!!!!!!!!)

JUSTICE FOR KAYLA JOHN!

KATFIREWOMAN 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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About katfirewoman

"A Watcher"
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