january 26th, 2007 › briscoe-laboucan trial › nina courtepatte › deadmonton 2005 › deadmonton › edmonton

WARNING

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.

<< january 25th, 2007 | briscoe-laboucan trial | january 29th, 2007 >>

The police officer who handcuffed a girl nicknamed "Buffy" at West Edmonton Mall was the next Crown witness to take the stand.

RCMP Const. Robert Kropp testified that the 15-year-old told him she witnessed Nina Courtepatte’s death on April 3rd, 2005.

The revealation came out after Buffy was caught two days later stealing hair dye. She pleaded with mall security that the shoplifting was related to a recent murder.

Kropp was then called to the mall to arrest the girl. Buffy told him she had tried to steal a hair dye pack because she now feared for her life and wanted to conceal her identity.

Kropp told court that he and the girl drove past Joseph Laboucan on their way out of the mall. Buffy pointed him out.

Laboucan was arrested later that day on unrelated warrants stemming from an alleged break and enter, a charge of mischief and for failing to appear in court. On April 6th he was released from custody.

On April 12th, Laboucan was picked up at the Fantasyland Hotel, where he had rented two rooms, and was charged with Nina's murder.

That same day, Jarvis Nelson and his girlfriend Nicole from Fort. St. John visited Laboucan in prison. They dropped off a Bible, a pack of cigarettes and his anti-seizure medication for epilepsy.

Kropp testified that his chief role in the case was collecting DNA evidence from Laboucan.

In July 2005, police obtained a warrant to obtain Laboucan's blood.

When Kropp went to the Edmonton Remand Centre to get it, Laboucan told him he wasn't voluntarily giving up his blood.

“I didn't commit any of those crimes,” Laboucan told police. He was then shown the warrant which authorised the procedure.

The DNA collected was later compared to bodily substances found on Courtepatte’s body. Kropp also took four photographs of Laboucan’s tattoos and his right arm, which had two scratch marks.

A videotape of the DNA extraction process was shown in court.

The tape prompted a defence lawyer to question Kropp’s ability to properly conduct a DNA test, citing that tape showed Kropp had some difficulty gathering a blood sample.

“It’s safe to say I had difficulty, truthfully,” Kropp replied.

On cross-examination, the Crown clarified that Kropp had completed a course in DNA gathering and was therefore qualified.

Justice Brian Burrows also ruled on the admissibility of video evidence played at the voir dire hearing that immediately preceeded the tial proper.

Burrows ruled that parts of a police interview with Briscoe would be allowed to be presented in the current trial, but the testimony of an undercover officer who was placed in Briscoe’s jail cell would have to be argued further by the Crown.

The videotaped police interview with Const. Kelly Brophy included several statements made by Michael Briscoe in which he blames the murder entirely on Joseph Laboucan whom he called 'the ringleader.'

“I basically drove the vehicle,” Briscoe said on the videotape. “That’s all I did. The rest basically disgusts me.”

Burrows allowed two statements that Briscoe gave to police on April 11th, but that a statement on April 12th was not because the police had breached Briscoe’s right to talk to a lawyer.

On the 11th, Briscoe first said he knew nothing of the crime, later stating his 17-year-old girlfriend and a guy named "Snowman" [Laboucan] stayed at his place and had driven a girl to a party where she was killed.

Police told Briscoe he was lying, and he then admitted he had driven the group to the golf course himself, but said he did not do anything to harm Nina other than to try and comfort her.

Briscoe also stated he was terrified that he would have been Laboucan’s next victim if he didn't cooperate. He allegedly told the undercover officer he had only told 80% of his story to police.

Justice Brian Burrows' decision can be read here (opens as a 125kb .pdf document).

The document contains arguments from the defence, extended transcripts of the interviews and Burrows' reasoning behind his ruling.

Throughout the trial, Briscoe and Laboucan have shared the confined space of a prisoner's box.

They likely shared a contempt for each other as neither has looked in the other's direction.

Briscoe occasionally buried his head in his hands during key points of witness testimony, while Laboucan usually sat quietly.

Up next on the stand was one of their fellow accused, Pyro's girlfriend Buffy.

Buffy was to face a charge of first-degree murder in connection with Nina's death in a trial set for May 1st, 2007.

Pyro had already pleaded guilty to first-degree murder at his own trial held in December 2006.

Aged 15 at the time, Buffy testifed that on April 2nd, 2005 she and Pyro were at a Humpty's restaurant when they bumped into Laboucan, Briscoe and Briscoe's girlfriend Cindy.

Buffy said she knew Briscoe but didn't know Laboucan or Briscoe's girlfriend. She also didn't know Nina but knew her friend, Jane Doe.

The six of them bolted from the eatery without paying and later drove to West Edmonton Mall where they later picked up Nina and her best friend Jane Doe, telling them they were going to a bush party.

Buffy testified that just before going into the mall, Laboucan took her aside and said: "We are going to kill someone tonight. Do you want to join?"

The teen thought he was joking. The group hung around the mall for a while and left.

Later in the evening, Laboucan, Briscoe and Cindy went back to the mall. When they returned, Laboucan reported, "We found someone."

The group then drove to the Windmill Motel where Briscoe and Cindy had a room. Laboucan and Briscoe got some stuff from a ditch – which Buffy believed were weapons – and put it in the trunk of Briscoe's Ford Tempo.

They again returned to West Edmonton Mall and Laboucan said he was going to pick up "the girls." Buffy said she didn't suspect foul play was coming at that point.

She told the court Laboucan, Briscoe and Cindy then went into the mall and came out with Nina and Jane.

The seven piled into Briscoe's car.

Buffy testified that in the car, Nina and her friend were fine: "They seemed happy and cheerful like young girls should be."

They drove into the country to a road that led into what seemed to be a big field, Buffy testified.

Briscoe parked the car and everyone got out except him. Laboucan got some things out of the trunk.

After walking on the frozen golf course for a while, it became clear to Buffy there wasn't any big party in the area. That's when Briscoe's girlfriend Cindy punched Nina a few times, saying, "You're pissing me off."

Buffy said that Laboucan then told Nina and Jane a story of how, "about 500 years ago, psychotic killers went around killing people and tried to bring them back to life."

The two young women were scared, looking over their shoulders, Buffy said. "They started freaking out."

Laboucan then allegedly said: "You get a choice: whichever of you kills the other one gets to live."

The girls could use short knives which Buffy had in her possession to do the job, Laboucan allegedly said.

Buffy described the girls' response: "No, no, no ... Don't make us do that."

It sounded as if Laboucan meant what he said, Buffy testified.

"It sounded like he was excited but he was also angry."

Briscoe then arrived on the scene. Jane Doe passed out, and Briscoe told Cindy to take her back to the car.

"She doesn't need to see it," Buffy said Briscoe told his girlfriend.

Buffy said Laboucan told Nina he was going to have sex with her.

She testified Laboucan then proceeded to rape Nina. When he was done, Pyro said "It's my turn" and raped her as well despite Buffy's protests over her boyfriend's actions.

Buffy later testified she remained angry at Pyro for his part in the sexual assault.

After that, Laboucan told Nina "they were going to beat her to death," Buffy said.

When asked what Nina did after hearing that, the girl replied: "She said 'No, no, don't do that,' and, 'Do it quick so it doesn't hurt.' "

Nina tried telling them her father was an RCMP officer.

Buffy then said Laboucan tried to slash Nina's throat with some throwing knives she gave him, but they were too dull.

He then grabbed a wrench, put it around Nina's throat from behind and began choking her.

As the two were struggling on the ground, Buffy said Pyro told her to put her foot on Nina's stomach "to keep her still." Pyro then hit Nina in the crotch with a sledgehammer.

The Crown prosecutor asked why Pyro did that, Buffy replied: "To get rid of any evidence of Laboucan and him having sex with her."

Buffy testified Nina tried to get away from Laboucan. She said Laboucan took the wrench away from her throat and that he and Pyro took turns "smashing her in the head with the sledgehammer."

The girl on the stand said she could hear bones breaking – and Nina went silent.

Buffy said Laboucan then stuck a knife in Nina's neck, then asked her to do the same.

She figured Nina was already dead because she had stopped moving and gurgling.

"I didn't want to do it, but did it anyway," Buffy testified. "I was scared."

Pyro then unsuccessfully tried to set Nina's jeans on fire.

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.

After the four – Briscoe, Laboucan, Pyro and Buffy – walked back to Briscoe's car, where Cindy had been sitting with Jane Doe, she said a blood-covered Laboucan washed himself with water from a drinking bottle.

Buffy told the court there was blood on her knives, so she burned off the blood and washed them in the washroom at the Zellers outlet at West Edmonton Mall.

A week later, she pawned off the knives, using the money to pay for a Tarot card reading.

The trial continued January 29th, 2007

A list of persons named in this case can be found at the bottom of the main Briscoe-Laboucan trial page.

deadmonton 2005 - nina courtepatte - briscoe-laboucan trial - january 26th, 2007