A judge in Vernon, B.C. formally adjourned Curtis Sagmoen’s trial on Wednesday, after defence counsel raised concerns about delayed disclosure of background material in the case.
Sagmoen has pleaded not guilty to a charge of assaulting a peace officer.
On Wednesday, his lawyer sought an adjournment, arguing she needed more time to prepare for trial given the hundreds of pages of new information defense received from Crown counsel after the trial had technically already begun.
Defence told the court some of that new information could materially change the way it proceeds with the case.
Crown counsel argued the trial should continue, starting with aspects of the case that the Crown believes are relatively straightforward.
The prosecutor also raised concerns that delays in the case could ultimately lead to the charge being stayed if the trial doesn’t conclude in a reasonable timeline.
In this case, the trial needs to be concluded by mid-June or risk a stay of proceedings.
“I too am concerned about that timeline because court has an obligation, just as Crown and defence do, to ensure that trials are concluded in a timely manner,” said Judge Jeremy Guild, as he granted the adjournment.
“However, in my view, those concerns cannot trump an accused right to a full answer in defence.”
The case is set to be back in court next week for a pre-trial conference, as lawyers work out a new schedule for the trial.
Court heard that in this case, the allegation is that Sagmoen allegedly lunged at a police officer who was at his property to execute a search warrant in October 2020, pushing her against the wall of a house.
Evidence has not yet been presented in the case.
The assault allegedly took place just over a week after police took the unusual step of issuing a public warning involving Sagmoen.
RCMP warned sex trade workers not to respond to requests for service from the rural North Okanagan area where Sagmoen lived as he was under a probation order not to have contact with people who work in the sex trade.
The North Okanagan man has been convicted of assault causing bodily harm and using a firearm during an offence, in cases where the victims were sex trade workers.
Sagmoen’s lawyer told the court the assault is alleged to have occurred after police entered a property, having already determined reasonable and probable grounds for an arrest on an allegation of breach of probation.
Sagmoen is not facing a breach of probation charge.
Sagmoen’s legal proceedings have generated a lot of public attention since remains of a missing teen, 18-year-old Traci Genereaux, were found on Sagmoen’s family farm in 2017.
No one has been charged in connection with her death.
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