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Bradley appeals murder sentence

Barry Bradley, the first person in Canada convicted of first degree murder because he was stalking his victim, was in Charlottetown courtroom on Wednesday to launch an appeal.
CBC News ·

Barry Bradley, the first person in Canada convicted of first degree murder because he was stalking his victim, was in Charlottetown courtroom on Wednesday to launch an appeal.

Bradley killed his ex-wife Debbie Holmes on July 1, 2002. The murder followed years of stalking and threats on her life.

That day, Bradley broke into her apartment armed with a hatchet and axe and killed Holmes. The coroner concluded Debbie Holmes died from four chops to her neck, and six lacerations to her head and neck. One of the blows severed her spinal cord.

A year ago, Bradley was sentenced to life in prison for killing Holmes.

He's never denied the murder, but in a prison interview with the CBC he said he's challenging the life sentence.

"You can't dispute that I wasn't the person who took her life. I'm disputing how I got there, I'm disputing how it happened."

First, Bradley has to convince the judges of the P.E.I. Court of Appeal there are grounds to let him pursue his appeal.

So far, he's been representing himself. On Wednesday he asked the court to appoint a lawyer to help him.

Criminal Code Section 684

A court of appeal or a judge of that court may, at any time, assign counsel to act on behalf of an accused who is a party to an appeal or to proceedings preliminary or incidental to an appeal where, in the opinion of the court or judge, it appears desirable in the interests of justice that the accused should have legal assistance and where it appears that the accused has not sufficient means to obtain that assistance.

Source: Department of Justice Canada

He told the court that Legal Aid has refused to help him.

The head of Legal Aid denies that. Kent Brown told the court, even though Bradley's experienced trial lawyer found no grounds for appeal, Bradley does have the option of trying to find one who can.

"We've not refused legal aid, we've told him, have a lawyer contact us and we'll talk to him."

With a Grade 6 education and medical problems, Bradley insists he needs help making his case.

"I have dyslexia, attention deficit disorder, hyperactive, some antisocial something disorder," he said to the judge.

He contends his lawyer did not provide an adequate defence. And he recently told the CBC part of his appeal will include his contention that police goaded him into breaking the law.

"I'm being provoked by the RCMP to flip out, they want me to flip out, they ordered me on the phone to flip out."

Bradley said he does have a lawyer who'll look at his case.

The appeal court does not have to approve his request for a lawyer.

If they do, and that lawyer finds there are grounds for an appeal, the case will be heard in October.

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