The Kelowna woman charged in a 2021 murder and castration case has a new lawyer, the third in what’s becoming an increasingly drawn-out trial.
Gabby Sears, who is charged with the second-degree murder of Darren Middleton under the name of Dereck Sears, brought her trial to a halt late last year when she fired her first set of lawyers. A new one was lined up, but they stepped back before even getting in front of a judge.
Defence lawyer Frances Mahon appeared on behalf of Sears on Thursday.
The court is also looking into putting some precautionary measures in place, should the trial should derail yet again.
The court is considering appointing an amicus curiae, literally a “friend of the court” to be present and prepare to step in to assist the court should Ms. Mahon be discharged, a representative from the BC Prosecution Service explained Thursday.
Amicae do not act as defence counsel, represent or advocate for the accused. Instead, they assist the court to ensure that the accused’s fair trial rights are upheld.
What’s certain for the time being is that Sears’s next appearance is on April 17, before Justice Ross for a ruling on a pretrial application to be read into the record, and then back before Justice Gropper on May 2, for a case management conference.
New trial dates should be scheduled at the latter appearance.
During a pre-trial Voir dire, Sears, a transgender woman charged under the name Dereck Sears, claimed she was the victim of an assault and that set the stage for her fatal attack on Middleton.
At that time, her then-lawyer Jordan Watt successfully argued that her jailhouse confession to the killing should be ousted from the evidence.
Since the trial started in earnest, the judge heard from RCMP officers and witnesses about the gruesome crime and repeatedly looked at video from the scene.
The court heard that a Louisville Slugger baseball bat and box cutter were found next to the body of Middleton on June 17, 2021. His body was found lying next to a tub in Sears’s home.
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