WARNING: This story contains disturbing content. Discretion is strongly advised.
More than a year and a half after two brothers were convicted of kidnapping and repeatedly raping a Calgary teen, Corey and Cody Manyshots will be sent for testing to determine if they should be found not criminally responsible (NCR).
The brothers will undergo psychiatric assessments for the next 30 days at the Southern Alberta Forensic Psychiatry Centre (SAFPC).
A sentencing hearing was delayed again Friday as the defence explained they now have the results of specialized genetic testing for fetal alcohol spectrum disorder (FASD).
“I believe that these two young fellows have fallen through the cracks of life,” Alain Hepner, defence for Cody, told the court.
“The degree of FASD is extreme,” Hepner said.
Court heard their mother was heavily intoxicated during both pregnancies.
“We need to have the psychiatrists indicate whether the fetal alcohol spectrum disorder would have any impact on criminal responsibility — whether they are not criminally responsible on account of a mental disorder,” Crown prosecutor Jonathan Hak said. “That seems unlikely but in fairness, it’s a psychiatrist that needs to tell us that, not the lawyers.”
Legal Aid Alberta covered the cost of the testing at a cost of $5,500 per person.
In October 2015, the brothers pleaded guilty to kidnapping and sexual assault in the case.
Hepner has said if it was determined his client has FASD, “it would reduce the moral blameworthiness.”
“Both boys were born with FASD… It impacts their learning, it impacts their school, it impacts their inhibitions, it impacts their speech, it impacts their cognitive abilities, it impacts their knowledge of what’s right and wrong, it impacts their ability to understand,” Hepner said.
Previously, Hepner submitted a six-year sentence would be appropriate, minus (enhanced) credit, leaving approximately four years left to serve. Corey’s defence lawyer suggested a sentence of time served (at enhanced 1.5 credit) plus two years.
But Hepner said the NCR assessment will likely change that.
“They are going to an institution either way. It might be a psychiatric hospital, it might be a jail, that’s what’s going to happen. They aren’t getting out of jail — not anytime soon — or out of custody,” he explained.
Crown prosecutor Hak called this one of the worst cases he’d ever seen and asked for a 12-year sentence for each of the brothers, minus credit for time served.
“It’s unlikely that the Crown would seek a lesser sentence because the dominant concern for the Crown is the protection of the public,” Hak said.
Details of the horrific events are documented in an agreed statement of facts.
Agreed statement of facts describes horrific attack
The teenage girl was at a bus stop waiting to go home after watching movies at a friend’s house the night of the attack.
Corey and Cody Manyshots approached her, asking for directions. Court heard she was uneasy and tried twice to dial the cellphone she held in her hand but both times the calls failed.
The brothers grabbed her and forced her into a nearby alley. Corey smashed her phone.
Each took a turn raping and sodomizing her; Corey forced her to perform oral sex.
Then they took her to their Martindale home where the victim looked to the Manyshots’ father for help. No one intervened.
She was taken into the basement and thrown onto a makeshift bed where the brothers took turns raping and sodomizing her.
The girl told police she feared they were going to kill her.
Court heard between the assaults, Corey took time to cook. His girlfriend and child were in also in the home and saw the victim, who watched them take drugs she believed to be crack.
It was when they fell asleep that the young girl took the chance to escape.
Once outside, she wrote details on her hand including the address of the home, the name “Cody” and several words including “native” and “black and red shovel.”
With no phone to call for help, she took two buses and a CTrain home. Her mother then took her to the police.
She was able to guide police to the area where she was kidnapped, as well as to the home where she was held captive.
The teen picked both Corey and Cody out of separate photo lineups. On Corey’s photo she wrote: “this is the man.” On his brother’s photo, she wrote: “Cody.”
The case was set to be back before the courts June 30, but was put over to July 20 to allow more time for the psychiatric assessments.