Crown will be seeking larger jury pool in trial over deaths of 2 Saint John boys

Windwhistler
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Crown will be seeking larger jury pool in trial over deaths of 2 Saint John boys

New BrunswickMore Saint John-area residents than usual will likely be told to report for potential jury in the case of a man accused of killing two boys in the city’s Millidgeville area last winter. Roman Kamyshnyy to be tried by judge and jury on 2 counts of 1st-degree murderA pre-trial conference in the murder case of Roman Kamyshnyy was held at the Saint John Law Courts building on Wednesday morning. (Roger Cosman/CBC)More Saint John-area residents than usual will likely be told to report for potential jury in the case of a man accused of killing two boys last winter.The Crown wants to ensure a large enough jury pool from which to select 12 jurors and up to four extras without any bias, conflicts of interest or other reasons preventing them from serving at the murder trial of Roman Kamyshnyy, a courtroom heard Wednesday.Kamyshnyy, 45, is charged with two counts of first-degree murder in the deaths of the boys — aged 10 and 17 — on Jan. 29.Police found their bodies inside a residence in Millidgeville in the city’s North End around 7 a.m., while responding to a 911 call. Neither their names nor any information about how they died has been released.Roman Kamyshnyy, 45, will be tried by a judge and jury June 8 to 26, 2026. (Facebook)At the scene, officers also found a man they described as having life-threatening injuries. He was taken into custody and transported to hospital.Kamyshnyy is scheduled to face a jury trial in Saint John Court of King’s Bench in June 2026.Crown prosecutor Elaina Campbell raised the issue of jury pool size during a pre-trial conference Wednesday with Justice Darrell Stephenson and defence lawyer Shanna Wicks, as Kamyshnyy looked on from the prisoner’s box. I understand that there may be … a large amount of conflicts, or individuals who would have knowledge of the circumstances — direct knowledge.- Elaina Campbell, Crown prosecutor“I’m flagging this right now because I know it’s the sheriffs who send out the letters for the jury pool, but I do anticipate that we’re going to need a larger jury pool than average,” Campbell said.“I understand that there may be… a large amount of conflicts, or individuals who would have knowledge of the circumstances — direct knowledge.”Campbell did not indicate how many extra prospective jurors the Crown believes will be necessary.5,000 summonsed in Oland caseNormally, a few hundred people are summonsed for trials in New Brunswick, justice officials have previously said. But some high-profile cases have seen significantly more than that. For example, Dennis Oland’s second-degree murder trial in Saint John in 2015 required one of the largest jury pools — if not the largest — in New Brunswick history, at 5,000 people.Oland was accused of killing his father, prominent businessman Richard Oland, whose body was discovered in his investment firm office, Far End Corp., in the city’s uptown, on July 7, 2011. He was found not guilty in 2019, following a retrial by judge alone.“I would think that our sheriffs and our clerk are cognizant of the need for an expansive jury pool going into this,” Stephenson said of the Kamyshnyy trial.“They generally do have their eyes on issues,” he said, noting there are certain types of offences where “we end up with more prospective jurors saying, ‘Oh, I’ve been involved in that,’” and need to be excused.“This [case] would be, ‘I’ve heard of that.’”16 jurors instead of 12The Crown said the so-called challenge-for-cause procedure, where parties can question whether prospective jurors are capable of setting aside their views and biases, will also be required.As well, Campbell alerted the court that the Crown plans to apply to have more jurors than usual sit through the trial — a total of 16 instead of 12 — “just because of the content of this trial.”Although juries normally have only 12 members, two extras known as alternates are commonly selected in case someone gets sick or is unable to serve until the end of the trial for some other reason.“We did it as a matter of course during COVID,” Stephenson noted.Two alternates were also used in a five-week murder case last year, “purely based on the length of the trial,” he said.’Very difficult case for the jury to hear’A minimum of 10 jurors is required to deliberate and reach a verdict. Otherwise, a mistrial must be declared.“I certainly have done 14 lots of times and I can tell you right now I would consider that prudent for this,” Stephenson said. This is going to be a very difficult case for the jury to hear.- Justice Darrell StephensonThe Crown wants two more jurors than that for Kamyshnyy’s trial, though. “Certainly I don’t think anyone wants to do this twice,” Campbell said.Stephenson said he’s “always very protective of [his] juries, or [tries] to be,” adding: “And this is going to be a very difficult case for the jury to hear.”Kamyshnyy’s trial is scheduled for June 8 to 26, 2026.Pre-trial voir dires, which are hearings to determine admissibility of evidence, will be held Dec. 8 to 19.

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