By nie NAGEL. PRINCE: RUPE RT — Danicl Joseph Bruneau was scilenced ‘labt: ‘Wednesday to three-and-a- half years in prison for the 1988 killing of Crystal Hogg. - ‘The 29-year: old Terrace man, who’ was charged with second- degree murder’ in. the; death, pleaded guilty-to manslaughier. : ‘Prosecutors: accepted, ‘that plea after. part of the Crown's evidence was rejected in a two- week voir.dire — a trial within a trial to ‘determine the ad- missability of evidence, » Supreme ‘court justice. Ken- neth' Lysyk called the killing ‘‘a stupid .and senseless. act’? in sentencing | Bruneau to three and a half-yeat $i in jail, Bruneau “killed the 17-year- old girl om Nov: 11, 1988, when he put a ‘‘sleeper”’ hold on her, which'he held past the point of uriconsciousness. ‘After! :having ment, Hogg. argued with him and’ called. his former wife un- sex. with. Bruneau ‘in. a: Terrace apart- Crystal Hoag faithful, Bruneau testified. He told the court he applied the hold in an effort to make her _ $top making the comments. But when she didn’t revive, Bruneau drove to. the airport and dumped her body in a wooded area...Her strangled _ body was’ found the same day by an. airport security guard. The discovery sparked a five- month police investigation that ‘ended with Bruneau being charged with second-degree murder on April 11, 1989. © The hold — which is applied to the carotid artery in:the neck and used by professional wrestlers and police forces — takes only 13 to 20 seconds to render someone . uriconscious, experts testified. And although Bruneau said he didn’t remember how long he applied the hold, they said he must have applied excessive . force for another two to three minutes. Defence lawyer Jeff: Arndt said Bruneau: lost - his’. temper when he put. her-in the hold, “His purpose was not to kill her — it was:to frighten her, to make her be quiet.” 2). * ’ He said Bruneau reacted foolishly when. hezrealized she was dead. In the course of the RCMP's five-month investiga- tion, Arndt said. Bruneau was plagued by nightmares : ‘about the killing and many times con- -Sidered giving himself up. “It was an accident in the Police procedure found - to violate man’s rights _ . By JEFF NAGEL TERRACE. — Police officers failed to adequately tell Daniel Bruneau he had a right to get a lawyer while interrogating him in custody last year about the 1988 killing of Crystal Hogg. That ruling — in which Supreme Court Justice Kenneth Lysyk rejected key parts of Bruneau’s confession to police — resulted in second-degree murder charges against Bruneau being reduced last week to manslaughter. Crown prosecutors accepted his plea of guilty to manslaughter last Wednesday, and Bruneau was sentenced to three and a half years in prison. Lysyk. found that police did not explain Bruneau’s right to speak: to:a wyer -in,.t¢ rms. fe, 3 re ooh Teryace: ma _ destttibed marginally eae. - could ‘understand. RCMP officers told Bruneau ‘he had the right to “retain and instruct counsel’? — a phrase ‘Lysyk decided Bruneau never understood. - The police never ‘used the ‘Word “lawyer”, Lysyk found; and asa resull Bruneau wasn't: able to exercise his con- ‘stitutional right to get legal ad- vice before confessing. “The accused was held in- communicado in. police cells from the time of his booking-in on April 10 until his appearance mot me ‘by Terrace“ ROMP motivated, in part if not wholly, |. ; KITSUMKALUM 7 BAND COUNCIL in court at mid- day on April 11,'"* Lysyk also stated in his written findings of ihe hearing. “The family members were refused permission to see the ac- cused at the police detachment, or speak to him over the telephone, at any time between his arrest in the late afternoon of April 10 and his appearance in court in the early afternoon of April 11. The police refused, uniil late in the night of April 10, to tell the family why the ac- | cused was being held. In the morning of April 11, after the family had arranged for a lawyer, the police refused to allow that lawyer to speak to the accused on the telephone. So, the accused was effectively se- questered for a period of s some Week: th of ‘errace "RCMP ©: Staff . ‘Set. “Woody Woods, .who under ‘cross-examination admitted police didn’t want anyone in- terfering with theit questioning of Bruneau, The ‘justice con- cluded that Bruneau’s isolation ‘twas by. the desire to preclude a lawyer or anyone élse from ad- vising the accused of his right to remain silent.’* He called the. police practices “unacceptable” in finding inad- ~ missable the statements taken. _ by police while Bruneau was. — clean rooms -~ reasonable rates KALUM MOTEL 5522 Hwy 16 Terrace, B.C, 635-2362 _ friendly staff — Indian arts & crafts ~ HOUSE OF Simi-Ol-Ghots See our location at the Terrace Airpori Hwy 16 West, Terrace, B.C. (3 miles west of Terrace) 636-1620 — convenience store KIT SUMKALUM ROCK QUARRY -- Ballast, Crush and Rip-Rap Box 544, Terrace, B.C.: 635-6177 + two boats — advanced booking recommended ~ KITSUMKALUM RIVER TOURS & GUIDES — experianced & knowledgeable guides. Hwy 16, Katum River Bridge 636-3785 or 635-0191 4 - " + — dally tours, up to 4 persons per boat held at the detachment incom- municado. The police tactics ‘used after the arrest, Lysyk found, violated Bruneau’s right to legal advice guaranteed under the Canadian Charter of Rights and Freedoms. Bruneau wasn't able to exer- cise his rights because the police dida’t explain them to him in terms he could understand, the justice found, The statements taken after his arrest included evidence the Crown needed io. prove Bruneau intended to kill Hogg, according to Crown counsel Mike Fulmer. To get a convic- tion on the original charge of second-degree murder, intent to ‘kill had to be proven. Without. ar Favokeaneits ‘proves ie ina ih tle: chance of pfoving that’ said, and were forced to accept the defence offer to plead guilty to manslaughter. — “it’s not a deal,”’ Fulmer said of the outcome. ‘‘Our case was circumstantial going towards . murder. But after that (the rul- ing that the statements were not _admissable), the dnly logical verdict that could flow would be manslaughter.’” ther’ tejecte ; -cause her death,” Arndt added. **It was an act of impulsiveness. Arndt had called for a two- to five-year sentence, while, Crown counsel Mike Fulmer suggested a sentence between three and - seven years. Lt Fulmer pointed, to, ‘the - ‘ag: sravating circumstances, of the case. ‘'There was no attempt to resuscitate her, no.attempt to call- upon an. ambulance. or medical specialist,” he. said, ‘*His. main concern was a ‘lack of publicity - —. how he would be viewed in the eyes of the com- munity and what. the press would do about it.” Before being sentenced, Bruneau repeated his remorse. ‘Pm really sorry it happened, ” he said, ‘1 want. to “say I'm sorry to Crystal’s parents _ and that it was an accident.’’ Justice Lysyk said the case was closer to being. accidental than to being an intentional kill- ing.” “The accused appears to have acted.in a flash of. temper,” he § said in‘his judgment: “‘He says ° he only ‘wanted’ to frighten ~ Crystal Hogg. It is nonetheless a completely stupid and senseless act,”? ““T- believe he realizes: the enormity of what he has done and that his: remorse is genuine,”’ Lysyk’' stated, on delivering the three-and-a-half year sentence. sense that he did not intend to. BM Special includes one 8x10*, y, BX s* and A 16 Wallets (2x1)* on traditional blue back- = ground only (1 pose). One offer per family. gy Additional portraits are available. Customer satisfaction is guaranteed. $2.00 Sitting Fee M per person, * Portralt sizes are approximate. . GUARANTEED LOWEST PRICE ON AUSTRIAN Regular Retail HANDCRAETED. FROM3 32% FULL LEAD SPECIAL SALE PRICE CRYSTAL | Price. 33” Only 24° "SINCE Save 25% 4637 Lakelse Ave., Terrace — 635-7440 Skeena Mall, Terrace — 635-5111 246 City Centre, Kl e 2 - 5x7's* ° 16 Wallets ( 2x1)* Woolworth 4647 Lakelse Ave., Terrace, B.C. Thursday, Friday & Saturday June 14, 10 a.m. - June 15, 10 a.m. - June 16, 10 a.m. - 1910 timat — 632-3313 8 p.m. 8 p.m. 5 p.m. NON-REDEEMABLE ee vhha world | thats short on livestment guarantees, cotiabank gives you two. _ GUARANTEED 2.792 ON ONE-YEAR SCOTIA GICs* In. these uncerla times, you want to keep your money somewhere sale. . Butyou also want to give it room to grow. That's what Scotia GICs are all about. ° Non-redeemabie Scotia GICs pay a higher interest rale because they can't be cashed before maturity. . ' Redeemable Scotia GICs can be wilhdrawii at any lime, although early withdrawal will affect interest rales. “Scotiabank s- , iued by Scotia rte += Corporation and guaranteed by Scatiabank interest paid at maturity: Rate subject to change The Bank of Nova Scotia. Interest paid at maturity. Rate sublect to change. [fan Monday to Friday 10am totem COLD Ts and WINE STORE Now that the warm wenther Is here, stock up with rome ot wer cad refreshing beverages. Plus & Great selection of quality sportswear ‘ ‘Saturday « - Sunday dam, tot tp to 44am. tort pm zi i we Maho = Open Atl Holidays — Be (except Christmas) GUARANTEED 252 ON ONE-YEAR REDEEMABLE - SCOTIA GICs** Both require z a minimum investment of $1 000. Interest rates may change. But the rate quoted on the day yc you invest ' is guaranteed as longas you hold your investment for the full term: For information on current rates, other available terms and interest paytnent options, call your nearest Scotiabank branch or. 1800-663: 0673 | Beate The oy days oFsummet aren tele wy oe ects