Convicted killer to testify in murder trial of co-accused Marissa Shephard

Devin Morningstar, convicted in the death of Baylee Wylie, is expected to take the stand in the murder trial of co-accused Marissa Shephard, the Crown prosecution said in its opening statement Wednesday.

Shephard is accused of the same charges Morningstar was found guilty of in November 2016: first-degree murder and arson with disregard for human life in connection with the death of the 18-year-old Wylie.

The 22-year-old Moncton woman pleaded not guilty to both charges on Monday, the first day of a three-day jury selection. That process concluded Wednesday in Moncton Court of Queen's Bench.

As the trial began Wednesday afternoon, Shephard sat in the prisoners box facing the 15 jurors — 14 jurors plus one alternate. She had been seated next to her defence lawyer Gilles Lemieux during jury selection.

Crown prosecutor Annie St. Jacques' opening statement outlined their case against Shephard and the many witnesses who will be called in the coming weeks. The last one she mentioned was Morningstar.

Judge cautions the jury on 'graphic or upsetting' evidence 

St. Jacques said they expect the 21-year-old, who is serving a life sentence with no chance of parole for 25 years, to explain what happened on the night of Dec. 16, 2015, and in the early hours of the following day.

"You will see and hear the disturbing events in the death of a young man," St. Jacques told the jury.

Justice Zoël Dionne similarly cautioned the jury, saying some evidence may be "graphic or upsetting" while delivering about 75 minutes of instructions to the jurors.

Dionne outlined the base distinction needed for first-degree murder: it had to be "planned and deliberate."

The justice also explained the arson charge, which requires the Crown to prove Shephard caused damage to the property with fire, showed intent or recklessness, and knew she was reckless or caused bodily harm.

He said he would further discuss the necessary factors during his final instructions.

Wylie's body was discovered by firefighters beneath a mattress in the ruins of a burned-out triplex unit on Sumac Street on Dec. 17, 2015. He had been bound to a chair, beaten and stabbed.

The pathologist counted more than 200 wounds and said Wylie suffered second- and third-degree burns to about 15 per cent of his body.

St. Jacques said during her opening statement the jury will hear from neighbours who will testify to hearing two male voices and one female voice at Shephard's Moncton residence on the night in question. She said they will tell the court the sounds were "consistent with somebody being beat up."

Another witness will testify to picking up Morningstar and two other individuals, a man and a woman, at Shephard's place in the early hours of Dec. 17, 2015, the Crown said.

St. Jacques told the jury they will also hear from the Moncton fire chief and several firefighters who discovered three separate fires were set in the unit, as well as a pathologist who will say Wylie died before the fire started.

Court was adjourned for the day after the Crown's statement. The trial will resume Friday at 9:30 a.m. It was postponed on Thursday because of a looming snowstorm.

Shephard is the third person to be prosecuted in Wylie's death. She was arrested in Moncton on a Canada-wide warrant in March 2016, and has remained in custody ever since. 

Tyler Noel, 20, who is serving a life sentence with no chance of parole for 16 years after pleading guilty last May to second-degree murder and arson with disregard for human life.

Shephard previously waived her right to a preliminary inquiry — a hearing that determines if there's enough evidence to proceed to trial.

The jury selection process ended mid-Wednesday morning after 167 potential jurors were questioned over three days. A jury of seven men and seven women plus two alternates — both women — were sworn in.

One of the alternates had to step in just as the trial began. A juror was discharged for "unexpected reasons."

Twelve of the 14 jurors will be selected at random to deliberate the verdict. Extra jurors were selected because of the length of the trial, which could last three months.

A total of 1,200 people were sent summonses for possible jury duty. Potential jurors were either rejected or excused by the judge, Crown prosecutors or defence for a variety of reasons. Both the Crown and defence used all but one of their 24 challenges.