Susan Clairmont: Star witness at double-murder trial taken into custody for contempt of court

A night in a cell may help the prosecution's star witness remember the time three friends were murdered at her home.

In an extraordinary move, a clearly frustrated Justice Andrew Goodman stopped a double-murder trial mid-afternoon to inform Kirsten Bomberry he was detaining her because you've been unresponsive today."

For hours on the stand Wednesday, Kirsten answered every question from Lindsay Daviau, lawyer for accused killer Thomas Bomberry, with answers like I don't recall," or Due to post-traumatic stress, I don't remember," or No matter what you show me, I'm not going to remember," or I did a lot of drugs back then."

She was, court heard, a drug dealer on the night of the triple murder. On Oct. 29, 2018 or early the next morning, Alan Porter, 33, Melissa Miller, 36, and Michael Jamieson, 32, all of Six Nations, were killed in her trailer on 4th Line in Ohsweken.

Miller was seven months pregnant.

Thomas Bomberry is on trial for second-degree murder for the deaths of Melissa and Alan.

Kirsten (she is Thomas's cousin), says she has no recollection of any of it, despite the fact that in January 2019 she reached out from jail to OPP homicide investigators and then gave a nearly four-hour interview detailing the murders and the removal of the bodies.

Kirsten even admitted in the videotaped statement that she buried the murder weapons and cleaned up the crime scene.

At length she described partying in her trailer with friends who were involved in the death of Douglas Hill in June 2017. The Brantford man's body was found near London two months after he disappeared, close to the spot where Alan, Melissa and Michael would be dumped.

Melissa was Hill's partner.

In the police video, Kirsten said a fight started about Melissa selling" a girl to Hill.

Kirsten told the detective interviewing her that she was co-operating because she wanted to make things right. She wept numerous times during her statement and agreed that she had been promised no favours from the police.

But court heard that she herself was facing three counts of accessory after the fact to murder. She was later found not guilty, her lawyer arguing she helped the killers because she feared for her life.

But now, called to testify against her cousin, she says she can't remember a thing.

Several times Wednesday, the bizarre and tense third day of what is expected to be a two-week trial, Daviau asked Kirsten: Have you used drugs today?"

Each time Kirsten, 39, said she hadn't, but her speech was so slurred at times it was indecipherable, and at one point she appeared to nod off midsentence.

But it was when Kirsten - who has her own lengthy criminal record that includes drug dealing, assaults and manslaughter - said she didn't want to be in court that Goodman, who is presiding over the trial without a jury, finally had enough.

You said a moment ago you don't want to be here," he told her. Contempt of court has been established. You'll be lodged overnight and brought back tomorrow."

Sir! Sir! Sir!" interrupted Kirsten as special constables surrounded her and took her into custody.

Though Kirsten is a key witness, the Crown used the rest of the day to introduce an agreed statement of facts that establishes many of the events surrounding the murders. The facts come, the statement says, from the police investigation, and are agreed on by the Crown and defence.

On Nov. 4, 2018, hunters found the bodies of Alan, Melissa and Michael wrapped in blankets in the bed of a stolen pickup truck in the outskirts of London, Ont.

The agreed statement says autopsy results show Melissa died of multiple stab wounds to her chest, blunt force head injuries and ethanol intoxication.

Alan died of multiple sharp force trauma to the neck and chest. And Michael died of a shotgun wound to his chest.

Six people, including Kirsten and Thomas, were ultimately charged in connection to their murders.

Vernon Shipman and Roland Sturgeon were charged with accessory after the fact to murder.

Nicholas Shipman was originally charged with three counts of second-degree murder and Jamie Beaver was charged with one count. Both pleaded guilty and are awaiting sentencing.

Susan Clairmont is a justice columnist at The Spectator. sclairmont@thespec.com