Learn re-trial date considered next month

A Cranbrook man who successfully appealed a 2009 murder conviction may find out next month when and where his new trial will be held

A Cranbrook man who was granted a re-trial over charges of second degree murder should find out next month when that trial will be heard.

Cheyenne Learn was convicted in 2009 of second degree murder in the December 2007 shooting death of Tammy Ellis.

In May, the B.C. Court of Appeal threw out that conviction and ordered a new trial for Learn, who was sentenced to life in prison with no hope of parole for 16 years.

On Monday, August 19, Learn’s defense lawyer Brent Bagnall spoke on his behalf in Cranbrook Supreme Court.

He told Justice Miriam Maisonville that he plans to make an application that the trial be moved to Kamloops. Bagnall cited publicity of the case during Learn’s original trial and since his successful appeal as reason for the application.

The case was put over until September 23 at 2 p.m. in Cranbrook. Bagnall said he will speak to the prosecution before that time to discuss the application to move the case out of Cranbrook.

Cheyenne Manuel Learn, 53, was convicted in the fatal shooting of Tammy Ellis, a friend of his former girlfriend, at Ellis’s home in December 2007.

However, in May, Appeal Court Justice Ian Donald said the trial judge misdirected jurors before their verdict by talking about the necessary intent required to convict someone of murder.