Update: On May 13, 2020 the Crown in the case said it has abandoned its appeal in this matter. No reasons were provided.
The Crown is appealing a judge’s verdict that convicted a woman of manslaughter in the death of a toddler found outside an Edmonton church, but acquitted her of the more serious charge of second-degree murder.
The boy’s lifeless body was found outside the Good Shepherd Anglican Church in April 2017.
In documents filed with the Court of Appeal of Alberta on Friday, the Crown argues the trial judge erred by refusing to allow Mack’s statement to police as evidence due to a breach of her charter rights.
The Crown wants the acquittal set aside and a new trial ordered.
Crier, whose trial has concluded, has pleaded not guilty and a judge has reserved his decision until Jan. 10.
Court heard during Mack’s trial that the boy suffered abuse before suffering a fatal blow to his head, and that he went from being a chunky, happy baby to being “skin and bones” in a matter of months.
Mack, who had pleaded not guilty, has not yet been sentenced.