Cries of disappointment could be heard in a Saskatoon Provincial Courtroom Thursday, as a three day trial for 29-year-old Taylor Ashley Kennedy was adjourned for several months.
Kennedy is charged with impaired driving exceeding the prescribed blood-drug concentration of THC, causing the death of nine-year-old Baeleigh Maurice.
Maurice was on her way to school at a marked crosswalk riding her scooter when a driver in a pickup truck killed her on Sept. 9, 2021.
Before the third day of testimony started, members of the Federation of Sovereign Indigenous Nations (FSIN), including drummers and singers, showed support for Maurice’s mother, Rochelle Cook, and her family.
The family also received permission for a smudging ceremony inside the courtroom.
On Thursday, Saskatoon police Cst. Blake Atkinson answered questions about his involvement in the collision response.
Atkinson told the court that Kennedy did not appear impaired when he arrived to the crash scene, but she acted extremely upset and in shock.
He testified that he understood a major investigation could follow because the collision involved a death. However, he did not tell Kennedy she was being detained, he didn’t let her know she didn’t have to answer questions, and he did not recall completing a motor vehicle collision report.
According to testimony from Cst. Shelby McLean on Wednesday, Kennedy admitted to using magic mushrooms and marijuana the day before the crash. That information was relayed to Atkinson, and the decision was made to administer a THC saliva test.
A video played in court showed Atkinson telling her she was under arrest. He read her Charter rights and informed her that a blood test was required because of the positive THC saliva test.
“Oh, no. Am I in trouble?” Kennedy asked as she began crying.
Kennedy then began sobbing and screaming to police “I didn’t do anything, I swear,” while adding she “didn’t take anything.”
A short time later, Kennedy asked police whether information from her counsellor was needed on micro-dosing mushrooms.
Atkinson testified that he advised Kennedy she could contact Legal Aid and that she did not ask for a specific lawyer.
The trial is a voir dire, and the judge in the case will determine if Kennedy’s statements made to police before her arrest are admissible.
The Crown told the court there may be a need to call additional witnesses and to make further arguments.
The trial resumes Feb. 5, 2024.