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Author Topic: Cindy Gladue - death 2011  (Read 1210 times)

Sap1

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Cindy Gladue - death 2011
« on: September 07, 2016, 09:40:24 AM »
A most heinous crime, and the killer was acquitted. Much information was denied the jury during this court case, including the fact that Bradley Barton frequently visited a site on the Internet which promoted torturous sex, which police found evidence of when doing a forensic sweep of Barton's computer.
There have been demonstrations across Canada that this man was acquitted. Lets hope this appeal goes through! Barton got away with murder!

http://globalnews.ca/news/2922526/arguments-begin-today-in-cindy-gladue-edmonton-hotel-death-appeal-case/

WARNING: The content in this story may disturb some readers.

EDMONTON – The Alberta Court of Appeal is hearing arguments on whether to overturn a controversial acquittal of an Ontario trucker charged with killing an indigenous woman.

Last year, a jury found Bradley Barton not guilty of first-degree murder in the death of Cindy Gladue, a 36-year-old sex-trade worker who was found dead in a bathtub in an Edmonton motel room in 2011.


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Gladue bled to death after a night of what Barton called consensual, rough sex.


But Crown prosecutor Joanne Dartana criticized the trial judge’s charge to the jury, saying he should have explained that Barton could have been found guilty of a lesser charge if he should have foreseen his actions would harm Gladue. That would have opened the possibility of a sexual assault conviction, she said.

“He ought to have known that what he did risked bodily harm,” she said.

Chief Justice Catherine Fraser agreed the trial judge’s instructions to the jury were confusing.

On the one hand, the law says people are not allowed to consent to being harmed. On the other, the judge said the Crown had to prove that Barton intended to harm Gladue.

“What’s the jury supposed to make of this?” she asked.

Fraser pointed out previous decisions have thrown out consent as a defence in cases of voluntary fist-fights.

“Is a prostitute not entitled to the same degree of protection as two guys fighting on street?” she asked.
Justice Sheilah Martin pointed out the judge told the jury the fact no evidence had been presented regarding a motive could be considered an argument in the defence’s favour.

“The jury was being invited to find an absence of motive should lead to an acquittal,” she said.

Barton’s lawyer Dino Bottos argued the judge qualified those statements adequately.

“He was not putting (his fingers) on the scales of justice.”

But Fraser kept returning to the question of whether Gladue really consented to sex so violent it killed her.

“Why would we think that she would be consenting to the degree of force here?”
Gloria Laird
Family members embrace one another as protesters rally outside Edmonton’s City Hall on Thursday, April 2, 2015 in support of Cindy Gladue, a 36-year-old prostitute who bled to death in an Edmonton motel room. THE CANADIAN PRESS/Topher Seguin
Alta Body Motel 20150402
Protesters hold signs outside Edmonton’s city hall on Thursday, April 2, 2015 in support of Cindy Gladue, the 36-year-old prostitute who bled to death in an Edmonton motel room. THE CANADIAN PRESS/Topher Seguin
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Barton’s trial heard that he had hired Gladue for two nights of sex in June 2011.

He testified that he put his fist in her vagina on the first evening. On the next night, after some drinking, he did the same but she started bleeding. When she went to the bathroom, he fell asleep, he said.

The next morning he found her body in the tub, he told court. He later called 911.

Barton told the jury the sex was consensual.

READ MORE: Alberta prosecutors file appeal of acquittal in Cindy Gladue murder case

The Crown called a medical examiner at the trial, who testified that an 11-centimetre cut to the woman’s vaginal wall had been caused by a sharp object. Gladue’s vagina had been preserved and the medical expert used that exhibit as he described the fatal wound to the jury.

In a submission to the court, the Women’s Legal Education and Action Fund criticized the way the trial was conducted. The brief said Gladue was consistently dehumanized and stereotyped.

“The characterization of Ms. Gladue as ‘native,’ coupled with the characterization of her as a prostitute, created a heightened risk that the jury would bring to the fact-finding process discriminating beliefs, misconceptions or biases about the sexual availability of indigenous women.

“The dehumanization of her (by using her vagina as an exhibit in court) illustrates a failure to perceive Ms. Gladue as a rights-bearing person who was entitled to be treated with dignity.”



The appeal is to finish Wednesday. A written decision is expected.


Sap1

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Re: Cindy Gladue - death 2011
« Reply #1 on: September 07, 2016, 09:50:19 AM »
Article from last year.

http://www.ctvnews.ca/canada/cindy-gladue-case-why-the-not-guilty-verdict-has-sparked-outrage-1.2309102

Warning: Graphic content
Nearly four years ago, aboriginal sex worker Cindy Gladue bled to death in a hotel bathtub in Edmonton.
The trial of the man accused of killing her received little national attention, but his acquittal has sparked outrage, and spurred protests across the country on Thursday.
 
Nearly four years ago, aboriginal sex worker Cindy Gladue bled to death in a hotel bathtub in Edmonton.

Protesters rally for Cindy Gladue in Toronto, Thursday, April 2, 2015.

Two weeks ago, a jury in Edmonton found Bradley Barton, a trucker from Ontario, not guilty in Gladue’s death. The evidence presented at the month-long trial was graphic. Gladue, a 36-year-old mother of two, bled to death from an 11-centimetre wound in her vaginal wall. Arguing that the wound was caused by a sharp object, the prosecutors made a controversial decision to submit Gladue’s preserved vagina as evidence in the courtroom.
The defence argued that Gladue’s wound was caused by rough, consensual sex and that Barton had no intention to harm her. He was found not guilty of first-degree murder.
Aboriginal activists and Canadians across the country protested the verdict Thursday, demanding a retrial. Demonstrations were held in Edmonton, Victoria, Regina and Toronto, among other cities.
As some of the protests were getting underway Thursday, Alberta prosecutors announced that they will appeal Barton’s acquittal.
“The death of Cindy Gladue was shocking and appalling,” Chief Crown Prosecutor Michelle C. Doyle said in a brief statement. “It also resulted in significant harm to her family and the community and the ACPS (Alberta Justice and Solicitor General) continues to take that very seriously.”
Gladue’s death has become another flashpoint in the discussions about missing and murdered aboriginal women and the federal government’s refusal to call a national inquiry into the matter.
“Many are struggling to understand the verdict,” Julie Kaye, an assistant professor of sociology and director of Community Engaged Research at The King’s University in Edmonton, told CTV’s Canada AM Thursday.
“It’s been seen as a horrendous form of injustice and that’s where the rallies are coming from.”
Kaye said that putting Gladue’s “reproductive organs on display” during the trial was also seen as a “very violent act towards her.”
“I think it’s important to recognize, that, as her body was placed on display, that was seen as a very dehumanizing act,” she said.

Kaye said the goal of today’s protests is to raise awareness of a “system that has disproportionately criminalized and disproportionately victimized indigenous women.” She said demonstrators also want to put the issue back on Prime Minister Stephen Harper’s radar.
Speaking to the Alberta Primetime news program on Wednesday, Barton’s lawyer Dino Bottos said he understands why the Gladue case has sparked such outrage.
“It’s very hard to disagree with them and the spirit behind the protest,” he said. “Aboriginal people throughout Canada, throughout North America, face injustice and discrimination…all the time.
“I understand that fully. But I have to say to them, with the greatest of respect, they didn’t watch the evidence, they didn’t sit through four weeks of evidence.”
Bottos said his client testified that he had no intention to harm Gladue and thought that she was having her period when she started bleeding. He said the jury heard evidence from both sides, which led them to acquittal.
The court has heard that Barton initially said he didn’t know Gladue when he called 911, but later admitted that they were having sex.

Sap1

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Re: Cindy Gladue - death 2011
« Reply #2 on: September 08, 2016, 01:02:07 PM »
This Bradley Barton is from Ontario, a long haul trucker. IMO, he is one to look at for other similar deaths. Police found on his computer researched torturous porn. He made several stories about the night Cindy was killed, making it sound frantic to me, anyway ... to see which one would stick.
Who is to say he didn't do this before in one of his many stops but bodies were not discovered until it was too late to find COD. Who is to say he hasn't done it again, since he only spent 5 weeks in jail prior to trial.
He can be using a false name while luring women, especially since his name is now well known across Canada. He said he was a family man ... it's what he told cops when he was apprehended and he didn't want this getting out what he did when away from home. Perhaps now he could be divorced by his wife and a free man, with anger issues against STW's or women in general. 

Sap1

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Re: Cindy Gladue - death 2011
« Reply #3 on: September 08, 2016, 01:47:27 PM »

(Barton's lawyer had gotten forensic testimony from an American who specialized in children's cases (not any cases of this nature) and is for hire) We've seen this before in other cases where a YES professional was brought in from USA ... YES because they were well paid by the defense lawyer to agree to his version,



http://news.nationalpost.com/news/canada/jury-not-told-of-disturbing-pornography-evidence-in-edmonton-hotel-room-murder-trial

EDMONTON – The jury that recently acquitted an Ontario man of killing a woman in an Edmonton hotel were not told the accused was alleged to have a history of viewing pornography that depicted the torture of women.

On March 18, a jury acquitted Brad Barton of first-degree murder in the death of sex worker Cindy Gladue after she died of blood loss in a Yellowhead Inn bathtub in June 2011. An 11-centimetre wound inside Gladue’s vagina caused her death.

cindy

At trial, Barton, 46, testified the injury was inadvertently caused during consensual sex when he inserted four fingers into Gladue. The prosecution’s theory was that Barton purposely caused the wound with a sharp object or used enough force with his hand to go beyond Gladue’s consent.

Court heard conflicting testimony from experts about whether the wound was a blunt tear or a sharp cut.


The jury did not hear that a laptop computer found with Barton’s belongings showed an Internet history that included violent pornography.

“We know, at this point, the inference should be that he accessed websites involving … insertion of foreign objects into the vagina,” Crown prosecutor Carole Godfrey said at Barton’s preliminary hearing in 2012. “And on at least one occasion, the issue of torture of women.”

Provincial court Judge Ferne LeReverend called the websites “disturbing pornography” that included “extreme penetration and torture.”


In a report, an Edmonton police forensics investigator wrote that the websites “in many cases depict women being tortured.”

That evidence was never introduced at Barton’s trial because prosecutors and Barton’s defence lawyer agreed it should not be admissible. Evidence from Barton’s preliminary hearing was under a publication ban until his trial ended, when the Journal obtained a transcript.

Sap1

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Re: Cindy Gladue - death 2011
« Reply #4 on: July 01, 2017, 03:45:05 PM »
There was so much evidence the jury was not allowed to see during the first trial, so imo, they can not be blamed for the failings of the lax justice system that allowed this monster to go free.

I hope they test his DNA to other cases across Canada that remain unsolved. With his level of violence, I doubt very much this was his first.



http://www.cbc.ca/news/canada/edmonton/bradley-barton-cindy-gladue-new-trial-1.4186863

Excerpt:

The Alberta Court of Appeal has overturned a controversial acquittal of an Ontario trucker charged with killing an Indigenous woman in an Edmonton motel room.

And the appeal decision released Friday contains a harsh rebuke of the Canadian jury system's handling of sexual assault offences

"We have … concluded the time has come to push the reset button for jury charges in this country for cases involving an alleged sexual assault," the appeal court says in its decision.

"This case has exposed the flaws in the legal infrastructure used for instructing juries on sexual offences in Canada."

jellybean

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Re: Cindy Gladue - death 2011
« Reply #5 on: July 01, 2017, 11:17:55 PM »
This is all so terrible on so many levels.  The way that the murdered woman was described in court, lacking any sensitivity or respect.

And the verdict was wrong - wrong = wrong.

Justice was not served.

Is he still out there - treating women the same way?

JB

Sap1

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Re: Cindy Gladue - death 2011
« Reply #6 on: July 02, 2017, 12:33:41 PM »
Well if he did that once, and had a ton of violent masochistic videos on his computer, that tells me this likely was not an isolated incident. Perhaps he was careful since Cindy's death but I do wonder about before. I hope unsolved homicides across Canada get looked at again by LE in regards to similarities and using his DNA.

I did not find any articles that claim police have him in custody yet, but the charges went from 2nd degree the first trial to 1st degree now.

So many many wrongs in Cindy's case. Even her lawyer wasn't on her side and portrayed her very poorly. The jury was instructed by someone who has shown they do not have a neutral position when it comes to STW's.
All this brings back questions in my mind regarding what work was done by KARE and was squashed by upper crust. 


Sap1

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Re: Cindy Gladue - death 2011
« Reply #8 on: July 02, 2017, 12:57:41 PM »
Bradley Barton hailed from Mississauga. Only 44 minutes from Orangeville. SV's murder was bizarre and brutal too.