Jorge Barrera
APTN National News
A Cree woman in prison for a murder she says she didn’t commit doesn’t yet know if she will be able to attend her son’s funeral on Wednesday.
Connie Oakes’s son Joseph Carry, 23, died from cancer early Saturday morning, two days after a Calgary judge denied Oakes’ application for appeal bail. The same week, the National Parole Board also denied Oakes’ application for compassionate leave to see her son who was told by his doctor in late April that he had mere weeks left to live.
On Monday, Oakes again applied for compassionate leave to be present for her son’s funeral. Carry’s wake is scheduled for Tuesday.
Oakes told APTN National News Monday she didn’t know if she would be allowed to attend the funeral. She made a starblanket for her son she hoped to give him before his death.
Carry died eight days after he married his long-time sweetheart Courtney Carry in the front yard of his family’s ranch on Nekaneet Cree Nation territory. The couple has a two year-old son.
Calgary Justice Brian O’Ferrall ruled against Oakes’ appeal bail citing her long criminal history which included 14 failure to appear for court dates since 1984. O’Ferrall also questioned Oakes’ connection to the Nekaneet Cree Nation because the majority of convictions on her record occurred in cities.
“The appellant has failed to satisfy me that she is not a threat to the public. She has a terrible criminal record and the crime for which she has been convicted (second-degree murder) is one of the most serious,” wrote O’Ferrall, in his written ruling obtained by APTN National News Sunday. “Some evidence put before me suggesting that the appellant has reformed somewhat in incarceration. But I am not satisfied that her risk of reoffending while on release pending appeal is sufficiently low as to justify her release until November of this year when here appeal is scheduled to be heard. “
Oakes’ appeal hearing is scheduled for Nov. 12.
Justice Brian O’Ferrall’s ruling
Oakes, however, has consistently maintained she is innocent of killing 48 year-old Medicine Hat, Alta., resident Casey Armstrong who was found dead in the bathtub of his trailer in May 2011. Armstrong was killed by a massive knife wound to his neck which nearly decapitated him.
A man’s size 11 bloody boot print was found in Armstrong’s bathroom. Medicine Hat police were never able to determine its source.
With no murder weapon, DNA or fingerprint evidence linking Oakes to the killing, the police and Crown relied on the testimony of Wendy Scott, a self-described small time crack dealer with an IQ of 50.
Scott now alleges in a sealed affidavit that she was fed evidence by Medicine Hat police while she was stoned during coercive interrogation sessions that lasted six months longer than was disclosed to Oakes’ defence lawyer.
In the affidavit, Scott said, “I do not believe Connie Oakes was in Casey Armstrong’s trailer,” court heard during the appeal bail hearing which was held May 19 in Calgary.
In his ruling, however, O’Ferrall does not mention that line, instead, he calls the affidavit “ambiguous” without explaining why.
“The appellant now seeks to adduce fresh evidence in the form of an affidavit from the key witness in which purports to recant her trial testimony implicating the accused,” said O’Ferrall. “I say ‘purports to recant’ because the affidavit appears to be somewhat ambiguous.”
O’Ferrall also concludes in his ruling that Oakes’ “grounds of appeal are too doubtful.” Yet, several paragraphs earlier, O’Ferrall said he couldn’t determine whether there was merit to the appeal.
“I am not in a position to determine whether that fresh evidence will be heard by the (appeal court panel), and thus whether this ground of appeal has merit,” wrote O’Ferrall. “All that can be said is that the appellant’s grounds of appeal may be arguable.”
While O’Ferrall acknowledged the deteriorating medical condition of Oakes’ son, he said that could not influence his decision.
“I do not wish to minimize the personal tragedy which the appellant’s son and the appellant face,” said O’Ferrall. “Unfortunately, the health of family members is not a basis upon which the Criminal Code permits me to release the appellant.”
O’Ferrall then concludes his ruling with a suggestion.
“Perhaps it would be possible for her son to be driven to Edmonton for the visit,” wrote O’Ferrall.
A little less than 48 hours after O’Ferrall released his ruling, Oakes’ son was dead.
@JorgeBarrera
If it was a non aborginal woman, I bet you anything she would be allow to go,No they make her sound like a bad criminal, then anybody else, we had all these another criminals running around that are worse the her, let her have her peace of mind to bury and visit her son one more time.
Let her go to sons funeral that is where she should be . All the legal matters need to be dealt with after. Let her say goodbye to her son Have a heart
How bloody cruel ! Given the flimsy evidence and the admittance of the witness that she was coerced by police , this is just cold and heartless! Her sentence should be quashed due to those circumstances ! It is stated she has improved and reformed . Again the justice system proves to be biased corrupt and unlawful! Let her attend at least her sons funeral. Sentence served enough , she’s innocent . Leonard Peltier is not alone in this festering unjust system!