Cheyenne Learn re-trial could be heard elsewhere

It will be another month before the court decides whether Cheyenne Learn will have a re-trial in Cranbrook or a larger urban centre.

  • Sep. 24, 2013 1:00 p.m.

It will be another month before the court decides whether Cheyenne Learn will have a re-trial in Cranbrook or a larger urban centre.

The Cranbrook man has been granted a re-trial on a charge of murder after his 2009 conviction was overturned.

In Cranbrook Supreme Court on Monday, September 23, defense counsel Brent Bagnall said he wishes to put forward a change of venue application for the re-trial.

He has previously said in court that publicity of the case during the original trial and since Learn’s successful appeal mean he feels the re-trial should not be heard in Cranbrook.

The application to move the trial is likely to take a day in court and has been tentatively scheduled for the week of Monday, Oct. 21.

Cheyenne Learn was convicted in 2009 of second degree murder in the December 2007 shooting death of Tammy Ellis.

In May, the B.C. Court of Appeal threw out that conviction and ordered a new trial for Learn, who was sentenced to life in prison with no hope of parole for 16 years.

Appeal Court Justice Ian Donald said the trial judge misdirected jurors before their verdict by talking about the necessary intent required to convict someone of murder.