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Thursday, July 21, 2011

Canada - WINDSOR - Money matters delay murder case

OFF THE WIRE
 trurodaily.com

Curtis Lynds' preliminary hearing postponed for three months
A preliminary hearing scheduled for a man accused of murdering a Centre Burlington couple has been postponed until the defendant can pay for a lawyer.
Curtis Blair Lynds, of 191 Hiram Lynds Road in North River, is facing two charges of first-degree murder in the shootings of Barry Kirk Mersereau and his common-law wife, Nancy Christensen. The double homicide first made headlines in September, 2000, when the couple was found slain in their home.
Lynds, a convicted drug trafficker serving time in a federal prison, was charged with the double homicide on Dec. 13, 2010.
Lynds, 34, also faces accessory after the fact charges in relation to the killing of outlaw biker Randy Mersereau - Barry Kirk Mersereau's brother - and Charles Robert Maddison, an innocent victim hailing from Portapique, Colchester County.
Lynds, an alleged Hells Angels affiliate, was absent in Windsor provincial court yesterday when defence lawyer Kevin Burke asked Judge Alan Tufts to consider postponing the preliminary hearing for three months to allow more time to explore a potential avenue of funding that would cover Lynds' legal expenses.
The delay, Burke argued, would give him an opportunity to put forth an application on Lynds' behalf to request that four parcels of seized land in Lynds' name be sold, and the money used to cover his legal fees.
"This is a man who has some assets," Burke said, adding that legal aid has not agreed to accept Lynds' case.
"It came to light that there are certain assets of Mr. Lynds' that complicate the legal aid matter."
Burke told the judge his client is unable to proceed with the preliminary hearing without the funding issue, which he described as a "bureaucratic problem," being resolved.
When asked by Tufts if he was requesting an adjournment, Burke denied that was the case.
"It is an unusual situation that doesn't occur very often," he responded.
Crown attorney Peter Craig accepted the defence's request.
"There's a lot of uncontrolled variables," Craig told Tufts. "I'm prepared to give my friend a chance to get things moving, and meet again in three months."
A reluctant Tufts agreed to revisit the case Oct. 14, at 10 a.m., in Windsor provincial court.
'This can't go on forever," Tufts said, adding that he expects the preliminary hearing to proceed in early 2012.
"Even if you're successful (in obtaining approval), you'll have to sell the land ... this land could sit there for a year before it is sold."
Along with Lynds, 37-year-old Michael John Lawrence, of Windsor, and 41-year-old Leslie Douglas Greenwood, formerly of East Mountain, as well as Bramber, also face first-degree murder charges in the deaths of the Centre Burlington couple.