deadmonton 2005 - nina courtepatte - briscoe-laboucan trial - april 13th, 2007

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Nina Louise Courtepatte, 13, died from blunt force trauma and aggravated sexual assault 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.


On March 23rd, 2007 Joseph Laboucan was found guilty of first-degree murder and sentenced to life in prison with no chance of parole for 25 years. Michael Briscoe was acquitted.


<< march 23rd, 2007 | briscoe-laboucan trial | april 19th, 2007 >>



Alberta Justice announced it was appealing the acquittal of Michael Briscoe.


An Alberta Justice spokesman said that the Crown decided to appeal the March 23rd, 2007 acquittal 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.


At the trial, Court of Queen's Bench Justice Brian Burrows said the Crown failed to prove Briscoe knew the attack was planned or that he aided or abetted Joseph Laboucan in the crime.


Briscoe admitted he was present when Nina was raped and murdered, and that he unwittingly drove a group of teenagers out to the isolated golf course on April 3rd, 2005. Portrayed as a dupe by his lawyer, Briscoe claimed he had no idea what the teenagers were going to do.


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


According to a notice of appeal filed by the Crown with the court, Burrows erred by not providing adequate reasons for not giving more consideration to Briscoe's "wilful blindness" and "the liability for second-degree murder and manslaughter."


Burrows also misconstrued the legal elements needed to prove first-degree murder, second-degree murder and manslaughter, the document said.


Burrows failed to "appreciate significant pieces of evidence caused by his misapprehension of the legal principles" related to kidnapping, forcible confinement, second-degree murder and manslaughter, the appeal notice stated.


No date for the appeal was set.


Violet Briscoe met the news of the appeal of her son's acquittal with resignation.


CBC Edmonton image

"We were hoping it was going to be over with, but should have known better," she said.


Violet Briscoe outside court March 23rd, 2007


Violet said Michael was not taking the news well but plans to co-operate.


"He's devastated. He just wishes they'd leave him alone, because he's innocent, but he'll do what's supposed to be done."


"I wasn't too surprised, because we were warned it might happen because we were told that when it's a high-profile case they always do that," she said.


"They just want to see somebody punished."


"One is bad enough, they figure they should get the whole bunch, and if you didn't do anything, I don't think you should be punished."


Nina Courtepatte's mother, Peacha Atkinson, was not available for comment.



The trial continued April 19th, 2007



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