Convicted killers to be sentenced Thursday
Dean Boucher and Mark Lange were found guilty of second-degree murder Friday afternoon in the December 2004 death of Carcross hotel owner Robert Olson.
Dean Boucher and Mark Lange were found guilty of second-degree murder Friday afternoon in the December 2004 death of Carcross hotel owner Robert Olson.
The verdict was delivered by the 12-person jury before a packed Yukon Supreme Court room.
As each verdict was read, both Boucher, 33, who is also known by the last name of Johns, and Lange, 30, sat quietly in their chairs until court was adjourned for a short break so the jury could discuss a recommendation on Boucher's and Lange's parole.
'It's only fair,' Boucher said as he was taken out of court. 'It's only fair, Mark.'
Lange remained quiet as he was led out of the courtroom for the break.
Normally after delivering a verdict, the jury is finished with its job; however, in the case of second-degree murder, the Criminal Code requires the judge to ask for a recommendation on parole, Justice Leigh Gower told the jurors.
The jury can opt out of making a recommendation and it doesn't have to be unanimous.
Gower also told them their recommendation for the number of years the convicted men should serve before being eligible for parole must be more than 10 and no more than 25.
The recommendation is then taken into consideration during sentencing, which, for Boucher and Lange, is set for Thursday.
After a few minutes, the jury returned, making no recommendations on Boucher's sentence.
As all in the courtroom stood when Gower and then the jury entered the room, Boucher remained seated.
In Lange's case, eight of the jurors recommended Lange be eligible for parole after serving the minimum 10 years, while four jurors opted to make no recommendation for Lange.
Outside the courtroom, following the decision, Lange's lawyer, Andre Roothman, said he was expecting to meet with Lange to discuss whether he wanted to appeal the conviction.
While his client had indicated he wants to appeal, a jury trial can make an appeal difficult because the jury doesn't have to provide reasons for its judgment.
Looking into a conviction will mean delving into the evidence presented at the trial.
'We'll have to talk next week,' Roothman said of meeting with Lange.
Asked whether he had any regrets about not having his client take the stand during the trial, Roothman replied that was his first reaction to the decision, but that after thinking about it, he continues to stand by that choice.
Boucher had taken the stand during the trial.
While Roothman had expected the verdict for Boucher, he was surprised that Lange was also convicted. He had been more optimistic his client would be convicted of manslaughter.
'It's a very complex case,' he said.
Roothman declined to comment on the sentence, stating that will be up to the judge.
Boucher's lawyer, Keith Parkkari, declined to comment on the case, also stating that the decision to appeal the conviction will be up to Boucher.
Crown prosecutor John Phelps said he and his co-counsel, Edith Campbell, were both relieved and satisfied at the outcome, given their concern over the complexity in the case.
The Crown had expected and had been prepared for Lange to take the stand, so it came as a surprise when he didn't.
'It was a complex fact pattern,' said Phelps, pointing out the jury had to go over each of the accused's cases.
A day and a half of jury deliberations in such a case isn't unusual, especially given the two cases the jury had to consider, said Phelps.
'We were anxious,' he said.
Before the jury was discharged Friday afternoon, Gower praised the eight men and four women for their contributions to the justice system, noting their presence helps keep the law in touch with the views of the community.
Olson had owned the Caribou Hotel in Carcross. His body was discovered in the Whitehorse subdivision of Wolf Creek.
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