deadmonton 2005 - nina louise courtepatte - briscoe-laboucan trial

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Nina Louise Courtepatte, 13, died from blunt force trauma on April 3rd, 2005.


Charged with first-degree murder, kidnapping and aggravated sexual assault were Michael Erin Briscoe, now 36, Joseph Wesley Laboucan, now 21, and three teens not identified by provision of the Youth Criminal Justice Act.


One male teen, aged 19 and nicknamed "Pyro", pleaded guilty to first-degree murder in youth court in Stony Plain on December 8th, 2006. He was to be sentenced as an adult in April 2007.


Briscoe's girlfriend, now 19 and named "Cindy" in this narrative, went to trial March 12th, 2007. Pyro's girlfriend, now 17 and nicknamed "Buffy", had a trial date set for May 1st, 2007.


ongoing developments | latest update



Nina Louise Courtepatte

A month had passed since local homicide detectives were last called out, but the first murder of the spring of 2005 found them dealing with an unidentified young female who was found bludgeoned to death on an Edmonton area golf course.


On April 4th, 2005 a groundskeeper inspecting the fourth fairway of the Edmonton Springs Golf Course Resort, located 30 km west of downtown Edmonton, found a teen's body as the winter's snow was receding.


Due to the severity of the beating, dental records were required to identify her.


By April 15th, 2005 RCMP had laid charges of first degree murder against five people.


For a complete recounting of events prior to the Brisco-Laboucan murder trial, visit the Nina Louise Courtepatte page.


After a week-long voir dire hearing – a trial within a trial – regarding the admissibility of evidence, the Crown's case against Joseph Laboucan and Michael Briscoe got underway.


Court of Queen's Bench Justice Brian Burrows had yet to rule on whether the video interviews and the jail cell conversations would be admissible in Briscoe and Laboucan's trial when it began.


The nature of the Briscoe-Laboucan trial was made difficult to follow at times due to the number of young offenders and witnesses who could not be named under provision of the Youth Criminal Justice Act.


Below is a summary and role description of primary individuals involved in the matter, listed in their order of appearance.




Ongoing Developments



Related Developments




January 22nd, 2007


The first-degree murder trial of Michael Erin Briscoe and Joseph Wesley Laboucan began in Edmonton's Provincial Law Courts Building.


The pair were also charged with kidnapping and aggravated sexual assault. The trial was expected to take six weeks.


Local media had their hands full with competing and breaking murder stories demanding the lead story as the Briscoe-Laboucan trial got underway.


The trial of Briscoe and Laboucan in the case of Nina Courtepatte's murder began with Court of Queen’s Bench Justice Brian Burrows not inviting lawyers to make opening statements » full details »


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January 23rd, 2007


April 4th, 2005 had started off as a sunny day. Mike Kachuk, one-time owner of the Edmonton Springs Golf Course, was up early and spring was just around the corner. He was eager to get the fairways in shape for the season.


Kachuk spent the day riding on his golf cart around the property, watching over his employees as they washed the greens. While checking the fourth fairway at about 2:40 in the afternoon, he spotted something unusual.


Kachuk choked back tears while on the stand. He later explained outside court he had a granddaughter about the same age as Nina.


The Crown then introduced its next witness, Jarvis Nelson, a friend of Joseph Laboucan.


In the small town of Fort St. John, British Columbia the two often ran into each other at bars and parties.


Reading about Nina Courtepatte's murder in the papers, Nelson knew his old drinking buddy was in serious trouble » full details »


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January 24th, 2007


The third day of the trial heard testimony from Nina Courtepatte's best friend, the last person apart from the five accused to see her alive.


The girl, who was fifteen in April 2005, could not be identified due to a publication ban.


She spoke softly, often fidgeting with the cuffs of her sweater, and described in detail what happened.


"[She] goes up to Nina and hits her."


"I don't know what it was, but it kinda looked like a wrench. It looked like it was made out of steel" » full details »


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January 25th, 2007


The Crown presented a witness who heard some of the accused joking about "chopping people's heads off" a day before Nina was killed.


The witness said a single name came up during a conversation in a car.


"What is it that you heard?" asked the Crown prosecutor.


"Nina," the witness replied » full details »


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January 26th, 2007


As Buffy recounted Nina making "gurgling" sounds after being choked with a wrench and pounded with a sledgehammer, the teen victim's brother fled the courtroom crying. Nina's sobbing mother soon followed.


Others in the court were struck by the fact the bone-chilling and horrific story was told by a mere teenager, with her hands casually tucked into her shirt pocket, in a flat, monotone – at times bored-sounding – voice » full details »


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January 29th, 2007


Hours after having left the golf course where the 13-year-old now lay dead, Buffy, Joseph Laboucan and Michael Briscoe dropped off Pyro and Cindy and took a drive.


"Joe said it was such an adrenaline rush, and he asks, 'Do you know anybody else on Whyte Avenue?' "


Buffy suggested a girl named Becky. Laboucan replied: “Oh ya, I know Becky. She trusts me.” » full details »


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January 30th, 2007


A female teen left the mall and was walking across a parking lot when Michael Briscoe pulled up in his Ford Tempo.


Inside the car were Joseph Laboucan, Briscoe's girlfriend Cindy, Pyro and Buffy. Pyro insisted she join them for their trip to the bush party.


“Then Buffy said 'We're gong to smoke some weed have a party and have a dance.' Laboucan said 'Don’t be a chicken shit. Come with us.' ”


The female turned down their invitation.


“I had a bad feeling about it. The look on Joe's face just didn't sit well with me.”


The teen was asked what the look was.


“He looked like he was going to do something he shouldn't,” she replied » full details »


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February 1st, 2007


Out of the blue, Laboucan raised the idea of finding someone to kill.


"He said 'I want to kill someone'," a witness testified. "He just said it."


"Did he say for what purpose he wanted to kill someone?" asked the Crown prosecutor.


"For fun," the witness replied.


“Didn’t someone say, 'This sounds like a real bad idea.' ”


“No,” the witness answered » full details »


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February 2nd, 2007


Laboucan's lawyer then outlined how his client was the victim of a frame-up committed by the mall rats after he failed to pay them off.


The day after the murder, Laboucan went to a lawyer's office to pick up a large cheque for an insurance claim related to a work injury.


Buffy, Briscoe and Pyro were waiting in the car for him to come out and pay them the $1,000 he had promised them. Laboucan never came back to the car.


It was at that point a plan was hatched to frame Laboucan » full details »


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February 5th, 2007


Under cross-examination, a teen female co-accused changed her story and admitted she held Nina down by the wrists.


“I was above her, kneeling at her head, holding her wrists down in the grass,” she testified.


A defence lawyer asked what was happening at the time.


“Joe Laboucan was having sex with her,” the teen said » full details »


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February 6th, 2007


Crime scene evidence continued to be introduced as Alberta’s chief medical examiner took the stand.


Nina Courtepatte’s mother fled the courtroom as Dr. Graeme Dowling matter-of-factly detailed the injuries that killed her daughter in April 2005.


Later, the Crown asked Pyro what happened after Nina was raped.


"Joe handed me a sledgehammer and said 'Do it.' ”


Pyro stated he took that to mean he was to kill Nina.


“I hit Nina two times in the head.”


"Joe comes over and starts hitting Nina with the wrench" » full details »


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February 7th, 2007


Pyro had previously said he wanted to get the four co-accused into as much trouble as possible because they had talked to police.


"They broke that pact between mall rats."


A recent convert to Christianity, Pyro explained his previous lies: "I was trying to protect myself, I was still pleading not guilty."


"Now that I've pleaded guilty, all that's changed" » full details »


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February 8th, 2007


On the stand for a third day, and facing tough cross-examination from defence lawyers, Pyro told of his attempts to explain the presence of his DNA on Nina's body.


The court heard how Pryo approached a teen named Flash to provide him with an alibi, and of letters he tried to get to Briscoe's girlfriend Cindy » full details »


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Why Edmonton? Capital Punishment


On February 11th, 2007 the Edmonton Sun reported that a group of Calgarians planned to appear at the trial of Michael Briscoe and Joseph Laboucan as part of their effort to lobby the federal government to reinstate the death penalty.


Interviewed by the Sun, Merle Terlesky said he represented a citizen group who felt that anyone capable of such a "horrendous" crime as Nina's murder should be punished accordingly.


“We're trying to draw some national attention to reigniting the debate on capital punishment,” Terlesky said while admitting no verdict had yet been made in the Courtepatte case.


“Is it in the interest of society at large to house [criminals] after committing such a heinous crime? I question if someone like that is rehabilitatable.”


For more about Terlesky's effort and the issue of the death penalty, visit the Why Edmonton? Capital Punishment page.


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February 12th, 2007


Laboucan was taken to the Stony Plain RCMP detachment and told he was being charged with murder.


"You've already been placed under arrest for break, enter and mischief – one offence – and failure to appear. I'm also arresting you for murder. Do you understand?"


"I understand what murder is ... but I didn't murder anybody,” Laboucan said.


Within hours of his arrest, Briscoe blamed the others and vowed to take a plea deal. He compared the killing to a fairy tale that had gone horribly wrong.


“Sometimes,” he told an undercover officer staying the night with him in a jail cell, “the Big Bad Wolf gets them” » full details »


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February 13th, 2007


Laboucan said he was willing to take a lie detector test but warned police that his "nerve-ends are fried" and that he didn't feel heat, cold or pain.


The details of his sensitivity came up as Laboucan was asked about scratches on his arm. He said they came from an ex-girlfriend who was into rough sex.


"Yeah, my ex-girlfriend was real big into S & M and stuff like that" » full details »


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February 14th, 2007


The voir dire hearing into the admissibility of videotaped interviews continued.


On one video, Laboucan faced RCMP Cpl. Dennis Travanut, who reminded Laboucan that he was under arrest for murder, and that police are not satisfied with his story of simply having watched.


"But do I look like someone who would kill somebody?" Laboucan asked.


"Yes," returned Travanut.


"How?"


"Who do you want me to start with first?" Travanut asked, referring to the five sworn statements he had at hand » full details »


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February 15th, 2007


The voir dire hearing into the admissibility of Laboucaun's videotaped interviews continued.


After Nina was raped and beaten to death and the group was making their way back to the car, Laboucan said Cindy and Buffy made some frightening statements.


"They kind of joked about it," he said.


"Said they kind of felt bad, but they wanted to go and do it again" » full details »


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February 16th, 2007


Having witnessed Nina's murder, Joseph Laboucan said he entered a zombie-like state that was to last for two weeks.


He said he was in a fog, traumatised by the brutality of the 13-year-old's death, and that his memory of the time was limited, similar to watching scenes from an almost-forgotten movie.


"Everything from the time when I was out there is like an old picture show. It's like clips. It jumps."


"I have been in violent situations before, but I'd never seen anything like what happened that night," he testified » full details »


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February 20th, 2007


A long weekend break gave everyone involved in the trial a much needed rest.


It also had a marked effect on the memory of Joseph Laboucan, who now faced cross-examination from Crown prosecutors.


He described one of the last things he remembered on the golf course, and spoke of a figure in silhouette.


"I'm sure the wrench thing was a clear memory, the hammer thing was a clear memory."


"What memories have you of the hammer?" the Crown asked.


"Seeing what I think is Mr. Briscoe swinging and hitting her" » full details »


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February 21st, 2007


Edmonton Remand Centre health care manager Barbara Moreland read to the court a senior nurse's report relating to Laboucan's April 12th, 2005 admission to the mental health ward.


Laboucan was noted to be “depressed, sad and hopeless, emotionally fragile and tearful, and saying he 'can't take it anymore.' ”


Three days after his admission, a psychiatrist ruled Laboucan was non-suicidal and recommended he be transferred to a regular unit.


Under Crown cross examination, Moreland said there was nothing in Laboucan's file indicating that he had had a breakdown » full details »


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February 26th, 2007


Burrows rejected Laboucan's claim, saying that Laboucan's mind was working well enough to keep an appointment with a personal injury lawyer on April 5th and to correct Cpl. Dennis Travanut who was interviewing him on April 12th.


Burrows also cited as an example Laboucan's intricate fictitious tale of witnessing a murder carried out by mobsters.


“There are many demonstrations of Mr. Laboucan's mind operating efficiently” » full details »


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February 27th, 2007


At times close to tears, Laboucan spoke softly as he answered the questions posed to him.


“I did not hit Nina. I did not kick Nina. I did not have the wrench in my hands at any time. I didn't try to choke Nina with the wrench. I did not have sex with Nina on the golf course. I didn't get on top of Nina at all.”


Under cross-examination, Laboucan conceded that it was dark out on the secluded golf course and he wasn't wearing his glasses.


He said while he couldn't make out the face of the person who swung the hammer, he was "almost certain" it was Briscoe » full details »


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February 28th, 2007


Crown prosecutor John Watson wanted to know if Laboucan lied to police, or if he was now lying about lying to police.


"So you told [police] some truths and some lies," Watson said.


"When I wasn't thinking about it," said Laboucan.


And if he was so terrified of his friends, why did he continue to hang out with them after Nina's murder?


"You felt threatened by these people, is that right?" Watson asked. "You were scared of them?"


"They're not normal people," said Laboucan. "I was so scared I couldn't move" » full details »


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March 1st, 2007


Laboucan agreed he signed the confession in which he admitted to taking part in the murder, but said that his "participation" was simply a case of “bad wording” on his part.


“It was very poor wording,” he said. “I didn't hit her in any way. I did not rape her like I am being accused.”


Laboucan's mother, Elizabeth Johnson, told court that, despite being kicked out of school, her son was doing well as a teenager and he had been attending several church youth groups for a few years.


“I honestly can never see him hurting anybody. I swear on a thousand Bibles,” she testified » full details »


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March 1st, 2007


For over a month, Peacha Atkinson had been sitting in an Edmonton courtroom listening to her daughter Nina being described as a simple street kid, a gullible girl who lived in the fantasy world of West Edmonton Mall.


"Nina was not a mall rat," Peacha said defiantly.


After weeks of enduring horrific testimony in the trial of Michael Briscoe and Joseph Laboucan, the diminutive woman could take it no longer and spoke out against the image being painted of her daughter in court.


"That's not at all who she was," Atkinson insisted » full details »


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March 5th, 2007


"Nothing that happened out there has the air of reality to it," Crown prosecutor John Watson said. "To try and judge it by our standards is difficult."


Watson then spent the entire day going over a timeline of events leading up to Nina's death that he said was consistent among all the witnesses.


"It was a planned and deliberate killing. We have a plan here to kill someone which was formulated at West Edmonton Mall" » full details »


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March 5th, 2007


Nina Courtepatte's mother, Peacha Atkinson, and dozens of others held an emotional rally outside Edmonton's Law Courts building.


Amid the sound of a Unity drum song, families angry over what they feel were lenient sentences for violent young offenders gathered to collect signatures on petitions to be sent to the federal government to demand tougher sentencing.


Atkinson was motivated to joins the ranks of Kelly Rolston and Gary Hunt in their effort to bring change to the Youth Criminal Justice Act. Day after day of facing the men accused of murdering her daughter, Atkinson said she had to do something » full details »


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March 6th, 2007


If Michael Briscoe was simply out at the scene watching and did nothing to stop the attack, that wasn't enough to convict him, said defence lawyer Charles Davison.


"She wasn't killed because Mr. Briscoe touched her or told her to calm down. She wasn't killed because Mr. Briscoe drove her."


Davison said that even if Michael Briscoe knew about a plan to kill Nina Courtepatte, the worst he should be found guilty of is manslaughter » full details »


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March 7th, 2007


Using words like "fall guy" and "marked man," Joseph Laboucan's defence lawyer Laurie Wood presented her closing arguments before Court of Queen's Bench Justice Brian Burrows.


Wood told Burrows of a theory, much of it speculation she admitted, with enough merit to create a real and substantial doubt of her client's culpability in the death of Nina Courtepatte.


Laboucan had the most to lose and the least to gain by killing Nina, Wood said » full details »


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Why Edmonton? A Silent March For Justice


On March 10th, 2007 hundreds of Albertans whose lives have been touched by violence gathered in Edmonton's Sir Winston Churchill Square.


They had come together to collect signatures on petitions calling for stiffer penalties under the Youth Criminal Justice Act.


One of the surprise faces at the rally was Peacha Atkinson, Nina's mother. She said the many recent acts of violence spurred her to action.


"I just got tired of sitting and reading it in the newspaper," she said. "The youths are still getting away with it, and I want to stop it because it's just getting out of hand" » full details »


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March 12th, 2007


The first-degree murder trial of the second of three teens charged began as Michael Briscoe and Joseph Laboucan were waiting a judge's verdict in their own trial.


Nicknamed "Cindy" for the purpose of this narrative, she cannot be identified under provision of the Youth Criminal Justice Act.


Cindy, now 19, was Michael Briscoe's girlfriend. She has already testified as a Crown witnesss at his trial » full details »


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March 23rd, 2007


The much-anticipated verdict in the trial of Joseph Laboucan and Michael Briscoe led authorities to move the hearing to the largest space in Edmonton's Law Courts Building.


When the session convened, a packed courtroom waited for Court of Queen's Bench Justice Brian Burrows to announce his decision in a case largely built on the testimony of a group of self-described liars, most of whom faced charges in Nina's death themselves » full details »


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April 13th, 2007


An Alberta Justice spokesman said that the Crown decided to appeal the March 23rd, 2007 acquittal of Michael Briscoe after "careful review" of the judge's written decision.


"It is important to note the Crown can only appeal an acquittal if we believe a judge interpreted the law incorrectly or applied the wrong law," the spokesman said.


The Crown will argue in the Court of Appeal of Alberta that Burrows made several errors in law » full details »


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April 17th, 2007


On the day Pyro was to be sentenced the young offender announced he had changed lawyers. His new legal counsel requested a delay in the sentencing to allow for a review of the case » full details »


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April 19th, 2007


Six days after the Crown announced its appeal of Michael Briscoe's acquittal, the other adult charged with the death of Nina Courtepatte filed his own appeal.


Joseph Laboucan filed his papers with the Alberta Court of Appeal and asked they grant him a new trial. Laboucan claims the judge presiding over his case made a series of errors in law » full details »


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April 23rd, 2007


Closing arguments in the trial of the second teen charged with the murder of Nina Courtepatte took place with Crown prosecutor John Watson presenting his case first.


Watson said "Cindy" knew of fellow mall rat Joseph Laboucan's plan to kill Nina Courtepatte and pointed to evidence that suggested Laboucan had told her at least the day before the murder.


Only two spectators were in the gallery to listen to Watson's arguments – one of them Peacha Atkinson, Nina's mother. At times during the Briscoe-Laboucan trial, the courtroom was packed to point of turning spectators away » full details »


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April 30th, 2007


Justice June Ross ruled that a 19-year-old woman charged with the beating death of Nina Courtepatte was not guilty of first-degree murder.


The judge did find "Cindy" guilty of manslaughter » full details »


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May 7th, 2007


On the day a fourth teen charged with Nina Courtepatte's death was to go to trial, the now 17-year-old fired her lawyer. The move prompted a delay in the proceedings for possibly as long as a year.


"I believe I do want to dismiss him and get a new lawyer," the girl nicknamed Buffy said in court.


The teen's decision led to a sharp rebuke from Court of Queen's Bench Justice Sterling Sanderman who was to oversee the case » full details »


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May 9th, 2007


Nine days after Justice June Ross found 19-year-old "Cindy" guilty of manslaughter, the Crown announced it would launch an appeal of the verdict.


Prosecutors John Watson and Anne Schutte are of the opinion that Justice Ross erred when she found that the then 17-year-old teen had provided "unequivocal" and "timely" notice that she was abandoning the attack on Nina when she left the crime scene » full details »


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May 23rd, 2007


On December 8th, 2006 a young offender nicknamed "Pyro" pleaded guilty to first-degree murder in a Stony Plain youth court. Charges of kidnapping and aggravated sexual assault were dropped in exchange for the guilty plea.


On April 17th, 2007 Pyro was to be sentenced but the young offender announced he had changed lawyers.


Now facing the new sentencing date, Pyro's new lawyer requested more time from the court to decide whether he would take on the teen's case » full details »


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June 4th, 2007


The first teen to plead guilty in the case of Nina Courtepatte appeared in court and explained he had earlier wanted to change his plea with the help of a new lawyer.


Pyro then re-entered his original guilty plea and as a result the court ordered the man to undergo a psychiatric assessment over the summer » full details »


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July 16th, 2007


Justice June Ross was expected to hear sentencing arguments from Crown and defence lawyers. Instead Ross heard a single argument from the defence, challenging the constitutionality of the Youth Criminal Justice Act.


Cindy's lawyer, Colleen Connolly, argued the current onus of having the defence prove that a young offender should be sentenced as a youth violates her client's constitutional rights » full details »


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Persons named in this case


The nature of the Briscoe-Laboucan trial was made difficult to follow at times due to the number of young offenders and witnesses who could not be named under provision of the Youth Criminal Justice Act.


Below is a summary and role description of primary individuals involved in the matter, listed in their order of appearance.



"Pyro"


A male teen, aged 17 in April 2005, pleaded guilty to first-degree murder in youth court in Stony Plain on December 8th, 2006. He was to be sentenced as an adult in April 2007.


Michael Erin Briscoe


Aged 34 in April 2005, drove the car to the golf course west of Edmonton.


Joseph Wesley Laboucan


Aged 19 in April 2005, identified by Briscoe as 'the ringleader.'


Jarvis Nelson


A friend of Joseph Laboucan living in Fort St. John, British Columbia. Laboucan called him saying he had been to a party with some guys who killed a girl.


"Jane Doe"


Nina Courtepatte's friend. She and Nina were approached at West Edmonton Mall and invited to a rave party. Jane later stayed with the five persons accused for four days.


She was the only one present at the golf course not charged in connection with Nina's death.


"Cindy"


Michael Briscoe's girlfriend, aged 17 in April 2005, went to trial March 12th, 2007 to face a charge of first-degree murder.


Cindy was with Laboucan at the mall when they asked Nina and Jane to attend a rave party. She was alleged to have been the first to strike Nina – with a wrench.


"Buffy"


Pyro's girlfriend, aged 15 in April 2005, had a trial date set for May 1st, 2007 to face a charge of first-degree murder.


Buffy showed Jane a set of throwing knives that she said were used to stab Nina. She was arrested at West Edmonton Mall trying to steal hair dye to change her appearance.


"Brent Doe"


Brent heard some of the accused joking about "chopping people's heads off" a day before Nina was killed.


Becky


A girl who Buffy, Laboucan and possibly Briscoe were looking for on Whyte Avenue hours after Nina's murder.


"Carmen Doe"


Carmen turned down an invitation to attend a bush party hours before Nina was taken from West Edmonton Mall.


"Flash"


A teen male Pyro had asked to provide an alibi.



Justice Brian Burrows


The Court of Queen's Bench judge presiding over the case.


John Watson and Anne Schutte


The Crown prosecutors.


Charles Davison


Michael Briscoe's defence lawyer.


Angela Alphonse and Laurie Wood


Joseph Laboucan's defence lawyers.


RCMP Const. Robert Kropp


Arrested "Buffy" at West Edmonton Mall when she was caught stealing hair dye and took DNA samples from Joseph Laboucan. He also told Laboucan he was being charged with murder.


RCMP Const. Kelly Brophy


Conducted videotaped interviews with Briscoe on April 5th, 2005. Justice Burrows later allowed portions of the interviews into trial.


RCMP Cpl. Dennis Travanut


Conducted videotaped interviews with Briscoe on April 11th and 12th, 2005. The interviews were the subject of a lengthy voir dire hearing.


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