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To: average joe who wrote (4628)3/15/2008 9:40:11 PM
From: average joe  Respond to of 5290
 
Judge denies bail to man who killed daughter's boyfriend

Last Updated: Wednesday, March 28, 2007 | 5:06 PM CT

CBC News

A Yorkton, Sask., man convicted of killing his daughter's boyfriend will not be released from prison while he waits to appeal.

A Regina judge ruled Wednesday it would not be in the public interest to grant bail to Kim Joseph Walker.

"In light of all the circumstances of the crime for which Mr. Walker was convicted and the nature of the appeal which has been brought, his release pending appeal would undermine the public confidence in the administration of justice," Saskatchewan Court of Appeal Justice Gene Anne Smith said in a three-page decision.

In January, Walker, 50, was found guilty of the second-degree murder of James Hayward in 2003 and sentenced to life in prison with no eligibility for parole for 10 years. He is serving time at the Saskatchewan Penitentiary in Prince Albert.

Walker's defence lawyer, Morris Bodnar, plans to appeal on grounds that the judge made several alleged errors, including that she didn't give the jury the option of finding him not guilty.

On Wednesday, Bodnar failed to persuade Smith to release his client until the appeal is heard.

Bodnar told Smith that Walker would return to his family in Yorkton and work as a welder. He also pointed out that Walker was free on bail for almost four years before his trial with no problems.

"If any person should be released, it should be a person such as Mr. Walker, with no record, where there is not a fear he will commit an offence when released," Bodnar said later outside court.

However, Crown prosecutor Anthony Gerein argued that based on the circumstances of the offence, Walker poses a risk to the public.

Client tried to save daughter: lawyer

At his trial, Bodnar argued that Walker believed Hayward was responsible for his then 16-year-old daughter's drug addiction and he only went to Hayward's house to save her, not to kill Hayward.

Court was told Walker shot Hayward several times with a pistol, killing him.

Among those in court Wednesday was Hayward's mother, Lorrie Getty, who issued a statement to reporters outside the courthouse before the judge released her decision.

"All of you say you want to report my side," she said. " I just want you to tell the truth. Don't you know that Mr. Walker, and his family and his lawyer are using the public and the press to try to get away with murder?"

Walker's appeal is expected to be heard in June.

cbc.ca