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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.

<< march 1st, 2007 | briscoe-laboucan trial | march 6th, 2007 >>

Closing arguments in the murder trial of Joseph Laboucan and Michael Briscoe began with presentation from Crown prosecutor John Watson.

Watson provided Court of Queen's Bench Justice Brian Burrows with a thick binder that detailed the various events surrounding Nina's killing.

Of the six people present when Nina was killed, only her friend "Jane" was not charged with her murder.

Each event in the binder was cross-referenced to show where testimony from Jane matched that of the five accused – Joseph Laboucan, Michael Briscoe, Briscoe's girlfriend "Cindy" and two teens nicknamed Pyro and Buffy.

"In the evidence you've heard there are inconsistencies but each person is telling what they saw based on their position," Watson offered adding that with some so many involved it's not unusual for subtle differences in recollections to occur.

The brutal slaying of 13-year-old Nina Courtepatte by a gang of mall rats defies conventional standards, Watson said.

He also cautioned Burrows when considering the testimony from the people present when Nina was killed on April 3rd, 2005.

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

Watson 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.

The plan for committing murder began when Laboucan mentioned to several people he wanted to kill someone for fun. No one he told expressed shock or dismay.

On the afternoon of April 2nd, Laboucan came up with the plan to kill someone, both Buffy and Cindy testified.

Buffy testified that Laboucan said he had "found someone" after he had expressed his intent to kill.

Cindy said it was Laboucan's idea to spirit Jane and Nina away from West Edmonton Mall to the golf course with the ruse that they were invited to a party.

Jane said that it was Laboucan and Cindy who invited the girls to a bush party.

"It's the Crown's position it was Laboucan's plan," Watson said.

"Laboucan is the one talking about a rave with ecstasy and alcohol out in the bush, and it's Laboucan's idea to get girls into the car with the promise of a rave."

Watson said many witnesses testified that Briscoe drove the car and remained silent during the drive from the mall to the golf course just west of the city.

Both Buffy and Jane said he did not ask anyone for directions. When they arrived, Jane said Briscoe looked at a map and said, "I think this is the spot."

"Everyone in the car knew there was no rave – except for Nina and her friend," Watson told the court.

"It raises the question why Briscoe stayed," the prosecutor added.

As the others walked out on to the golf course, Briscoe initially hung back.

"If he's having second thoughts, it's too late," Watson said. "He's already driven everyone out there."

In his own statement to police, Briscoe said that Laboucan took a pipe out to the crime scene.

"It's knowledge on Mr. Briscoe's part that he knows tools are being taken out," Watson said.

On the way out onto the fairways, both Buffy and Cindy testified that Laboucan told a story about ritual killing, with vampires killing people then bringing them back from the dead.

That matched Jane's testimony that Cindy and Laboucan were the ones who told the vampire story, Watson said.

Cindy admitted she struck the first blow against Nina with a wrench. Jane, Buffy and Pyro all testified that Laboucan then whispered in Nina's ear and the girl began screaming.

She pleaded with him, "Don't do it."

Five witnesses all said Laboucan raped Nina, declared Watson.

Jane said Briscoe held Nina down by her wrists and told her to shut up as Laboucan assaulted her. In his own statement, Briscoe said he told Nina to "be quiet" and "shut up."

Briscoe asked an undercover officer placed in his holding cell if DNA can be transferred from a hand to a wrist.

Buffy, Pyro and Briscoe all testified that Laboucan choked Nina with a wrench.

Buffy said Pyro hit Nina in the crotch with a sledgehammer, but the medical examiner found no evidence of a blow.

Justice Burrows asked if the blow happened at all.

"It's a pretty important detail," Burrows said. "If these people are wrong about that, what else are they wrong about?"

Watson suggested the witnesses may thought they saw Pyro swing the sledgehammer at Nina's crotch and hit her when it may have hit the ground instead.

Burrows also questioned testimony that the sledgehammer was passed back and forth among three of the accused. He said the story didn't have the air of reality to it.

Watson responded sharply: "Whether it was passed back and fourth doesn't change the fact that she was hit with it 15 times."

When dealing with conflicting testimony from untrustworthy witnesses, the court must find some other confirmatory evidence, Watson said.

That confirmation can come from testimony being backed up by testimony from another untrustworthy witness, he added.

Watson then listed the truthfulness each witness brought in their accounts.

Jane was a credible witness, Watson said, even though she was only 15 at the time of the attack. She went into shock after seeing people whom she thought she could trust brutally murder her friend.

Briscoe's girlfriend Cindy has some credibility, Watson argued, because she admitted facts that made her look bad, including the fact that she covertly took a weapon onto the golf course and also struck the first blow against Nina. Cindy's testimony about the crime was confirmed by others, Watson said.

Another witness, Buffy, was unemotional on the stand, but also admitted facts that made her look bad. She admitted to using a knife on Nina and putting her foot on the girl to hold her down while her boyfriend Pyro struck her with a sledgehammer.

Pyro is a known liar and perjurer, so anything he said in court must be confirmed by others to be believed, Watson said. Pyro said Laboucan raped Nina and struck her with a wrench, while Briscoe hit her with a sledgehammer.

As for Laboucan, on the stand he went so far as to deny things that were known to be true, such as washing his hands with a water bottle when the group got back to Briscoe's car after the slaying, Watson said.

“I submit he lied to this court,” Watson said. “His evidence is totally unbelievable. His answers were evasive.”

"He's totally unreliable. On a number of occasions he was seen in the witness box trying to think and plan his answers."

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

The five accused came up with the plan early in the day, they selected Nina for death at the mall, went to eat at McDonald's, drove out to the golf course, got weapons from the car trunk and walked out to the fourth fairway.

Watson told the judge it was not enough of a defence for Briscoe to say he didn't want Nina killed.

Watson argued that Briscoe knew about the plan to kill Nina, drove the mall rats to an isolated golf course, supplied the tools that killed Nina, and told Nina to shut up during the deadly attack.

It was enough evidence to convict him as well, Watson asserted.

Both must be found guilty of first-degree murder, aggravated sexual assault and kidnapping, he said.

"The accused had ample time to consider the plan to kill someone," Watson said. "Whether carrying it out or being an aider and abettor, all are culpable."

“It doesn't matter who struck the fatal blow.”

Watson's argument finally concluded at 6:30 p.m.

As Watson was presenting his lengthy statement, Laboucan was seen continuously scribbling on yellow sheets of paper.

For his part, Briscoe sat at the opposite end of the prisoner's box with his head in his hands. A glass of water sat untouched in front of him the whole day.

As they had throughout the trial, the two accused made no contact with each other – not even eye contact.

The trial continued March 6th, 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 - march 5th, 2007