May 28, 2014 7:16 pm

Hales confession to police during interrogation remains in question

Watch the video above: Douglas Hales’ defense waits for a judicial ruling

SASKATOON – Will Douglas Hales confession to police after his arrest in 2008 be allowed into evidence?  That’s the question a Court of Queen’s Bench judge will be pondering Wednesday evening.

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On August 10, 2008,  Douglas Hales was arrested and charged with the first-degree murder of Daleen Bosse and offering an indignity to human remains. Hours after his arrest, Hales was interrogated by two members of the Major Crime Unit with the Saskatoon Police Service.

On Wednesday, the defence and Crown argued whether Hales’ confession to police should be admitted as evidence and if  Hales statements were voluntary,  a court matter considered a voir dire, a trial within a trial.

Hales’ lawyer Bob Hrycan argued that the in-custody interview with police should not be allowed.

Defence also called the three-and-a-half month “Mr Big” sting operation a “hopeless, helpless dynamic almost romantic in nature” between the accused and the undercover officers.

Hrycan says Hales was given a once in a lifetime chance to be somebody, relying on the fictitious criminal organization both financially and emotionally.

A sting operation that was a “protracted interrogation” said Hrycan, which involved interrogation tactics like isolation, confrontation and minimization, bordering on entrapment.

The result, when police revealed the sting operation to Hales during the interview, was crushing psychologically and he was a “broken man” when he confessed to killing Bosse.

The Crown would argue otherwise, saying Hales was not a person intimidated by authority and suggested there is no evidence that Hales was threatened at any time during the sting.

Crown prosecutor Matthew Miazga said Hales knew full well he could leave the organization at any time referring to the interview transcript, in which Hales told police he stayed for the money.

The Crown argued there was nothing for the court to criticize in the matter in which the confession was obtained and the only reason Hales was upset during the integration were in his own words “I don’t want to die in jail.”

In resting it’s case, the Crown said Hales’ statements were voluntary and the fact that Hales led police to Bosse’s remains proves Hales is the only one who knows what happened between them after leaving his home and her remains being found in 2008.

Justice Allbright will deliver his decision in the matter on Thursday morning.

Scheduled to run for four weeks, the trial was to be complete by the end of the week.

Defence said it needs at least three days before it rests its case, “because of the nature of the evidence we’re calling, we don’t want to lump it in with the case tomorrow.”

All parties involved say they would like to conclude the trial and closing arguments as soon as possible but due to scheduling conflicts that may not happen until late June.

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