Defence seeks second opinion on psychological workup of killer teens

  • Feb. 15, 2011 2:00 p.m.

Two teens who who pleaded guilty to the first-degree murder of Kimberly Proctor are undergoing a second psychological assessment this week.

Aged 16 and 17 at the time of the crime, the boys were ordered by the court to undergo psychological and psychiatric assessments. Social workers have also evaluated their behaviour and submitted reports that will be used to assist in sentencing.

At a hearing on Tuesday, defence lawyer Robert Jones, who is representing the younger of the two accused, requested that another doctor evaluate the teens to confirm the findings of the court-ordered assessment.

“We need to wait to see if our experts concur with the findings,” Jones said, noting that if the results were different the defence would ask to cross-examine the authors of the original assessments.

Crown prosecutor Peter Juk said he will follow the lead of the defence as far as cross-examining, and would also want to question the court’s experts if they were brought before the court.

B.C. Supreme Court Justice Robert Johnston scheduled a second hearing date on Feb. 25 to hear from the defense on the result of the secondary assessment.

“In the meantime, the authors of these reports should be contacted and made aware that they may be required in court, so they can block out their calendars,” Johnston said.

The sentencing hearing for the Langford teenagers is scheduled for March 28, and defence and Crown lawyers have been preparing sentencing submissions.

Juk said he plans to bring forward documentary evidence such as photographs and written victim impact statements, rather than calling people before the court.

“I intend to keep it brief,” he said, estimating it would take three-and-a-half days to present the Crown’s submissions in court. Juk has said he plans to seek adult sentences for the teens.

Last October the teens — whose identities are protected under the Youth Criminal Justice Act — pleaded guilty to first-degree murder and causing indignity to the human remains of their schoolmate, 18-year-old Kimberly Proctor, of Langford.

Proctor’s burned body was discovered March 19, 2010, near Millstream Creek under a bridge for the Galloping Goose trail.

The teens have been held in jail since their arrested June 18. No bail has been sought to secure their release. Their sentencing hearing is scheduled to begin March 28 in B.C. Supreme Court in Victoria.

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