Whitehorse Daily Star

‘Take your time at this point,' Crown urges jury

The 14 jurors hearing the case of Chris Cornell have to ask themselves if his alibi makes sense, Crown prosecutor Keith Parkkari said in his closing argument Tuesday.

By Chuck Tobin on October 2, 2013

The 14 jurors hearing the case of Chris Cornell have to ask themselves if his alibi makes sense, Crown prosecutor Keith Parkkari said in his closing argument Tuesday.

Parkkari reminded the jury the 31-year-old accused heard the Crown's entire case before he took the stand to tell his story.

Cornell said he wasn't at Madley's General Store in Haines Junction when violence and bear spray were used to rob the store at around 6 a.m. on Sept. 26, 2011.

He told the jury he was not in the black SUV being chased along the Alaska Highway by Haines RCMP Cpl. Kim MacKellar and deputy conservation officer Shane Oakley.

"Look at the entirety of all the evidence in the case,” Parkkari said. "Does his version of the events make sense?”

The Crown prosecutor described what he believed to be significant conflicts in time between Cornell's evidence and the sequence of events established by the testimony of several witnesses for the prosecution.

Does it make sense, Parkkari asked, that Cornell could jog and walk 12 kilometres through the bush and along the tree line of the highway ditch, tripping in the dark on bog and moss, in 45 minutes to an hour while he was high and wearing several layers of clothing?

Parkkari suggested the jurors couldn't do it in 45 minutes or an hour if they were sober.

"You would be lucky to do it in an hour and half,” the prosecutor said.

He asked the jury if it made sense when Cornell said the duffle bag he was arrested with wasn't his, that he had taken it from the black SUV after he'd jogged the 12 kilometres and come across co-accused Jessica Johnson sitting in the Chevy Blazer.

Parkkari reminded the jury how he asked Cornell in cros- examination if the medium-sized underwear in the bag was his, and Cornell said no, that he wears large or extra large.

Does it make sense, he asked the jury, that a man weighing 140 pounds and standing five feet, seven inches tall would wear large or extra large underwear?

Is it purely coincidental, the prosecutor asked the jury, that the bag contained women's underwear, and three cans of bear spray, with the safety mechanism removed from one of the cans?

"When you are considering the evidence of a witness, you can believe everything a witness tells you, you can disbelieve everything they tell you,” said Parkkari.

"Take a look at how each piece fits into the picture. Is the witness' testimony consistent from start to finish, is it believable?”

Cornell is on trial for attempting to murder MacKellar and Oakley by shooting at them during a high-speed highway chase from Madley's towards Destruction Bay.

He's also charged with using violence against custodian Frank Parent and spraying him with bear spray while robbing Madley's.

Johnson is facing the same charges. Only Cornell is on trial at this time.

Justice Leigh Gower of the Yukon Supreme Court is scheduled to begin his instructions to the jury Thursday morning.

Cornell testified last week he and Johnson were on a run with Harold John from Whitehorse to the Mendenhall subdivision to buy heroin.

John was driving the Blazer. They were doing drugs on the way. When they got to Mendenhall, about halfway to Haines Junction, John left Cornell and his fiancée at the side of the road while he went to see the dealer.

About 20 minutes later, the drug dealer drove by in the Blazer, and turned toward Haines Junction.

John came by in a Suzuki Sidekick. They did some drugs, and Cornell decided he wanted more so they chased down the dealer.

They met at the Fas Gas on the way into Haines Junction. The dealer agreed to get more heroin, but wanted somebody to come with him, so Johnson volunteered.

They were to rendezvous at a pullout alongside Kluane Lake, down the highway toward Destruction Bay.

Cornell and John drove to a nearby residence Cornell was familiar with to see if Cornell could steal something to sell.

They were interrupted by the owner of the home and fled in the Suzuki down the highway until the vehicle broke down.

Cornell told the jury he and John injected more heroin parked on the side of the highway.

Then Cornell noticed flashing police lights coming down the highway, so he fled into the bush.

John was out of it. He heard a loud noise, and looked to see the RCMP crew cab pull over, turn around, and then remove John from the Sidekick as they headed back toward Haines Junction.

Cornell said he began his 12-kilometre trek to where he found Johnson sitting in the front seat of a black Chevy Blazer which was in the ditch up against the tree line, with the rear window missing.

Cornell told the jury he picked up the rifle lying near the truck so he could sell it later.

Before they hopped into the cube van from the Talbot Arms Motel that had pulled over, he grabbed the duffle bag so he could go through it later to see if there was anything he could sell.

The jury has heard expert testimony about DNA found on the safe sitting in Madley's parking lot matching Johnson's DNA, and DNA on the .375 H & H rifle matching Cornell's DNA.

They have heard of a live .375 H & H rifle being found inside the Chevy Blazer, along with a spent shell.

They have heard both the Chevy Blazer and the Suzuki were stolen – the Chevy from Ray Falle's home along the North Klondike Highway and the Suzuki from next to René Allaire's home in the Mendenhall subdivision.

A .375 H & H rifle and bullets were being stored in the Suzuki when it was stolen, the jury has heard.

The Crown prosecutor asked the jury if it made sense they just happened to see the drug dealer parked in the parking lot of the Fas Gas.

Did it make sense, he queried, that Cornell would let his bride-to-be get into the Chevy Blazer to go on a run for more heroin with a drug dealer they'd never met?

John didn't even want to take them to the dealer's home in Mendenhall, but the the next thing you know, Johnson's going on a heroin run with a perfect stranger, Parkkari reminded the jury.

Parkkari recalled accusations by defence lawyer David Tarnow that police officers must have planted a .375 H & H bullet in the front pocket of Cornell's jeans, because such a threat would have been removed during the search at the arrest site.

The defence suggested RCMP officers came rushing to Haines Junction from across the Yukon and from across Canada to assist when they heard what had happened to a fellow officer, Parkkari said.

He reminded the jury of testimony from the arresting officer of how he felt a cylindrical object in Cornell's jeans and thought it might be lip balm or something like that, but did not consider it a threat, Parkkari pointed out.

Was it a threat, the Crown asked, noting that Cornell's hands were cuffed behind his back, with an officer sitting on each side for short ride from the Pine Lake Campground to the Haines Junction detachment.

The RCMP did not come from across the Yukon, but responded as they would in any shooting, he said.

Parkkari told the jury that when they retire to consider the verdict, they must not look for perfection or certainty in the evidence.

"That is far too high a standard,” he said. "Perfection is a standard that cannot be achieved.”

The jury has heard from witnesses of mistakes being made during the investigation, he said.

Parkkari said errors are normal. The defence lawyer made a mistake when he asked the court clerk for the wrong exhibit during his closing arguments, he pointed out.

The job of the Crown prosecutor is not to notch up convictions but to present the evidence gathered in an investigation, he said.

Parkkari said if there was no evidence, Cornell would not be on trial.

It's the jury's job now to consider the evidence presented, and determine what makes sense, he said.

Just as the defence lawyer did, Parkkari thanked the nine women and five men of the jury for fulfilling a fundamental role in Canada's judicial system.

"One thing I would ask you now is to not rush at this point,” Parkkari said. "I suspect you are all anxious to get back to your lives, your jobs, your families, but do not rush.

"Take your time at this point, and do your job.”

The jury has heard how the highway chase started at Madley's when MacKellar and Oakley showed up in the RCMP crew cab. It ended 32 kilometres later when a bullet from a high-powered rifle blew through the windshield of the crew cab.

Neither the custodian at Madley's nor MacKellar and Oakley got a look at the faces of the assailants.

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