PRINCE ALBERT, Sask. – A man accused of raping a homeless Saskatchewan woman, setting her on fire then leaving her for dead to go buy candy has now changed his mind about the guilty plea he entered last year. On Wednesday, 30-year-old Leslie Black took the stand in his own defence during an expungement hearing in Prince Albert where the alleged crime took place.
For nearly two hours, Black answered questions posed to him by both his defence lawyer, Brent Little, and senior Crown prosecutor Bill Burge.
A series of inquires were held to determine whether Black was adequately informed about the consequences of pleading guilty to either aggravated sexual assault or the attempted murder of Marlene Bird, what Black understood about the length of sentence he may have to serve, and specific details about the horrific attack on June 1, 2014.
Leslie Black’s Testimony
Called as the one and only witness for the defence, Black took the stand and began to testify at Wednesday’s hearing.
Court heard about Black’s struggle with alcohol abuse since the age of 15 which ultimately led to IV drug use at the age of 18. He witnessed his mother being stabbed to death by her boyfriend at the age of nine and testified to not recalling anything before that time. He was then placed in foster care.
His first run in with the law was at the age of 14 for a break-and-enter. Any time he had spent in custody prior to the crime in question was less than a year since none of the cases went to trial.
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Like so many times before when Black encountered the court system, he testified that he agreed to details outlined in the agreed statement of facts “to get it done and over with. So I could get this behind me,” said Black.
Black testified that he never discussed with his lawyer, known to him as “Adam,” the time he was facing if he was deemed a dangerous offender or a life sentence otherwise he wouldn’t have pleaded guilty on April 28, 2015.
On the advice of his lawyer, Black said he pleaded guilty to attempted murder with the understanding the aggravated assault charge would eventually be dropped.
Black figured he would get a “medium” sentence for the crime or no longer than five years.
READ MORE: Sask. man pleads guilty to attempted murder of homeless woman
During cross-examination Black was asked if the motive behind the crime, as outlined in documents, was that when Bird came to from her blackout, she said she was going to charge him with rape, infuriating Black to the point of setting her on fire.
“You were mad at her so you set her clothing on fire,” the Crown suggested.
“I did but I don’t believe I did,” responded Black.
He was arrested on June 28, 2014 and charged by police with the crime.
Marlene Bird’s injuries were so severe she had to have both her legs amputated.
READ MORE: Prince Albert woman’s legs amputated after being beaten, burned
In court, Black testified that he was willing to plead guilty, but not to the sex assault, and felt his lawyer and the Crown “were working together.”
Black had given his lawyer his blessing to pursue a plea bargain.
Court also heard that during those conversations, the Crown said it would be willing to drop the second charge but it would be seeking 10 to 12 years for the attempted murder charge. The Crown was also considering a dangerous offender application for Black.
READ MORE: Man wants to withdraw guilty plea to setting a woman on fire
When asked during cross-examination if the judge had warned Black about the dangerous offender application, which could mean Black could be “sentenced to an indeterminate sentence of imprisonment,” Black said yes in court but that he also didn’t recall.
It was also pointed out to Black that the agreed statement of facts in connection to the crime were signed off by Black himself.
Thomas Adam Masiowski’s Testimony
Known to his client as “Adam”, Thomas Adam Masiowski was Black’s second lawyer starting in February 2015.
Prior to this, Masiowski helped another lawyer with the case and testified that there was evidence implicating Black in the crime, both video and DNA evidence in addition to statements made by the accused.
The firm had discussed a “not criminally responsible” defence but determined it would not succeed in a court of law.
During his testimony, Mosiowski testified to telling Black that a trial would not be in his best interest.
Black agreed to the statement of facts presented to him and was told he could be given more time to consider the plea if necessary.
Mosiowski testified to explaining a wide-variety of outcomes to Black but would often have to use layman’s terms to describe the sentences and described Black as “child-like” to the court.
During cross-examination, Mosiowki told the court that he didn’t warn Black that he could face a possible life sentence and didn’t think the likelihood of dangerous offender status was very high.
The Verdict
A decision on the matter is expected May 12.
If the judge rules in the Crown’s favour, Black will go straight to sentencing. If, on the other hand, the judge rules in favour of the defence, it will be like going back to square one and Black’s guilty pleas are gone.
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