Jury deliberating in Puddicombe faint hope hearing, lawyer for former lover speaks out

The jury has begun deliberating whether Nicola Puddicombe, convicted of the first-degree axe murder of her boyfriend of 11 years, should have her period of parole ineligibility reduced.

Puddicombe is serving a life sentence with no chance of parole for 25 years for the Oct. 27, 2006, murder of Dennis Hoy. So far, she has served 19 years in jail.

Puddicombe’s parole ineligibility has been the subject of a faint hope hearing; the faint hope clause allows offenders serving a life sentence, who were convicted before Dec. 2, 2011, to apply for a reduction in parole ineligibility after serving 15 years. The faint hope clause was repealed in 2009.

According to an agreed statement of facts presented to the jury at the faint hope hearing, Puddicombe and her girlfriend, Ashleigh Pechaluk, conspired to kill Hoy. Puddicombe was involved in a polygamous relationship and testified since she was unable to leave Hoy, who she said was abusive, she saw no other way out.

2:22 Cross-examination at the Nicola Puddicombe faint hope hearing

The facts state there was no evidence that Hoy was ever abusive.

On Oct. 27, 2006, Hoy was struck on the head six times with an axe while lying in Puddicombe’s bed in her apartment on the Queensway. Puddicombe called 911, saying she was in the shower at the time and said her boyfriend was in bed covered in blood.

Pechaluk was brought to the police station and confessed. That confession was ruled inadmissible and not presented at trial. Pechaluk was therefor acquitted.

2:20 Toronto woman admits to playing role in 2006 axe murder of boyfriend

Pechaluk found out Puddicombe was pregnant while in jail awaiting trial and ended their relationship when she learned she had terminated the pregnancy, the facts state.

Puddicombe was found guilty of first-degree murder in 2009. She was convicted of planned and deliberate murder, and that she aided and abetted in the planning of Dennis Hoy’s murder.

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The defence told the jury in it’s closing remarks that Puddicombe is a changed woman, a model prisoner and is genuinely remorseful that an innocent man lost his life. Testifying during the hearing, Puddicombe acknowledged there were many other options she could have taken to end the relationship instead of the horrible decision she made. She called herself “a coward.”

“There is ample evidence she has evolved, matured and progressed while incarcerated,” Puddicombe’s lawyer Mitchell Huberman told the jury.

The Crown argued that Puddicombe, motivated by a $250,000 life insurance policy to which she was the sole beneficiary, groomed Pechaluk into murdering her boyfriend for life insurance.

Puddicombe denied during cross-examination that she had any knowledge that she was the beneficiary of the policy before Hoy’s murder.

The Crown told the jury in it’s closing submissions that Puddicombe only took responsibility for her crime five weeks ago to make it seem like she’s remorseful.

“I submit to you she is trying to trick you. She’s not truly remorseful. In her admission to Dr. Dimito (a prison psychologist), she said she told Ashleigh to do it. To you, she said it was all Ashleigh’s idea and she finally acquiesced. She claims she hasn’t had an opportunity to discuss the details of the offence, she had nothing but time,” said Crown attorney Alice Bradstreet on Wednesday.

Bradstreet also told the jury that they should be concerned that Puddicombe is now dating a woman who was convicted of second-degree murder, whose co-accused was her partner.

“We ask you to find Ms. Puddicombe stays right where she is until she serves her time for this horrific crime,” Bradstreet said.

1:51 A woman serving a life sentence for plotting the axe murder of her boyfriend is seeking early parole

Pechaluk’s trial lawyer, Peter Zaduk, released a statement to Global News saying that his client has always maintained her innocence and was acquitted by a jury in 2009.

“She testified for over five days at her trial. Her story was vigorously tested and the jury accepted it,” wrote Zaduk. “Despite being pressure by Ms. Puddicombe to assist her kill Dennis Hoy, she resisted and never agreed to help. She took no part in his murder.”

Zaduk also wrote that Pechaluk’s so-called confession was worthless both in law and fact. Pechaluk’s lawyer said the Crown responsibly recognized this at her trial and never even attempted to lead the “confession” in evidence.

“Over more than 20 hours of interrogation by homicide officers, Ashleigh maintained her innocence. During that time she was denied access to a lawyer and was subject to intimidating and coercive tactics. When officers starkly told her that either she or Ms. Puddicombe would be charged with the murder, Ashleigh in a state of emotional collapse, in a desperate urge to protect her lover, blurted out “She didn’t do it, I did,” wrote Zaduk.

Zaduk wrote it is disappointing the Crown has “disrespected” the jury’s not guilty verdict from Pechaluk’s trial. Pechaluk did not testify at Puddicombe’s faint hope hearing.

“The Crown continues to allege that Ashleigh was somehow complicit in Dennis Hoy’s murder. She was not,” Zaduk said.

Zaduk said that Pechaluk has tried to put her past behind her in the 16 years since her acquittal.

“She has lived a law-abiding and productive life with responsible employment,” he added.