Final testimony at murder trial of Jeremy Hall does little to further either side’s case
More than six months after it began, all the evidence at Jeremy Hall's first-degree murder trial is now in.
This was the only homicide case in Hamilton to pause midtrial due to COVID-19, and now the verdict from Justice Andrew Goodman won't be rendered until September at the earliest.
That is on top of the 14 years Donna Dixon has already waited for justice for her slain son, Billy Mason.
The wheels of justice typically turn slowly. But this case has taken longer than most. The little daughter Billy left behind is now a young woman, all too aware of the circumstances of her father's death.
Hall, now 46, is alleged to have abducted, shot and incinerated Billy, then 27, in February 2006. The Crown's theory is Hall believed Billy set him up to rip off a drug dealer associated with the Hells Angels, causing gang members to shoot up Hall's house in retaliation.
For the first while, Donna believed Billy was missing. She plastered the city with missing person" posters, which Hall testified to seeing.
But as time passed, the truth became darker.
It was nearly five years before Hall was arrested. In 2013, a jury convicted him of first-degree murder. That verdict was overturned on appeal, a new trial was ordered and now, after a three-month COVID delay, it is nearing its end.
There have been many dramatic days at this trial. Hall's ex-wife, Carol Anne Eaton, was declared a hostile witness by the Crown and had to be tracked down by police and jailed to ensure she would be in court.
Hall himself chose to testify this time, spending three days on the stand to tell his version of events for the first time.
Thursday, however, was an underwhelming mishmash of testimony that did little to further the case for the defence or Crown.
The last witness called by Hall's lawyer, Renee Gregor, was Dennis Lusted. His brother, Jason (Jay) Lusted, was Hall's closest criminal partner, helping him run a crew" who ripped off drug dealers, trafficked guns and drugs, and ran a chop shop.
Jay later became the Crown's star witness, testifying about being duped into participating in Billy's murder.
Dennis swore on the Bible and then confirmed the long criminal record placed before him was his.
He testified that sometime between 2006 and 2010, he saw Jay talking to Eaton several times. Hall was in jail and Jay was looking out for her.
The point of Gregor raising this - maybe - was to insinuate Jay and Eaton had opportunity to concoct a story to frame Hall.
But Dennis wasn't a very good witness.
His credibility suffered a blow when, being cross-examined by assistant Crown Mark Dean, he initially said he had no idea Hall - his career criminal drinking buddy - was committing crimes with Jay. The next minute, he admitted he knew Hall and Jay were doing crimes together.
He also admitted that while he saw Jay and Eaton talking, he didn't know what they were talking about.
The Crown then called a reply witness" to respond to earlier evidence from Tracy Rogers, a forensic anthropologist called by the defence.
Rogers testified that no traces of human remains were found at the fire site allegedly set at Hall's farm to incinerate Billy's remains. Her expert opinion was that if there was indeed a cremation, some ash or bones ought to have been discovered.
The Crown's witness, Kathy Gruspier, is also a forensic anthropologist.
She said no remains at the burn site might be explained by three years of wind, rain and snow that occurred before investigators were led there.
Final arguments will be at the end of August. For Billy's family, the end can't come soon enough.
Susan Clairmont is a Hamilton-based crime, court and social justice columnist at The Spectator. Reach her via email: sclairmont@thespec.com