WARNING: This story contains graphic details and disturbing content.
A former long-haul trucker from Ontario who is in an Alberta prison for killing a woman in an Edmonton hotel room a decade ago is appealing his conviction and sentence.
Bradley Barton was sentenced last month to 12 1/2 years for manslaughter in the death of Cindy Gladue, a Metis and Cree woman who bled to death in a bathtub at the Yellowhead Inn in June 2011.
Medical experts testified Gladue had four times the legal limit of alcohol in her system when Barton performed a sexual act that caused a severe wound to her vagina.
Barton, 53, told his trial that he arranged to pay Gladue for sex and was shocked when he woke the next morning to find her body.
It was the second trial for Barton after a jury found him not guilty in 2015 of first-degree murder, a verdict that sparked rallies and calls for justice for Indigenous women across the country.
Defence lawyer Dino Bottos, in the notice of appeal, says the trial judge made several errors and that the 12 1/2-year sentence is excessive and unreasonable.
Barton’s second trial heard that he had searched for graphic and violent videos nine days before Gladue was found dead.
“The trial judge erred in admitting evidence of internet searches performed by the appellant” which created more prejudice against Barton instead of making a probable point, Bottos writes in the notice.
Bottos also argues that an appeal is necessary because Barton’s search history was unlawfully seized, which violated his charter rights.
The appeal notice also says Barton disagrees with the trial judge’s conclusion that consent is “vitiated,” or invalid, if there is a “commercial sex transaction resulting in death when the accused is reckless as to the risk of serious bodily harm.”
The Crown has already filed an appeal of the sentence, arguing that it is unfit and not proportional to the gravity of the offence.
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