The re-trial of a local man convicted of murder in 2009 will be held in Cranbrook after all.
Cheyenne Learn won an appeal in May to have a new trial over charges of murder in connection with the December 2007 shooting of Tammy Ellis.
In Cranbrook Supreme Court on Tuesday, October 22, prosecutor Lianna Swanson said that the Crown would consent to the re-trial being heard by a judge alone, instead of a judge and jury.
Defense counsel Brent Bagnall said that means the trial does not need to be moved out of Cranbrook.
Bagnall has previously said in court that publicity of the case during the original trial and since Learn’s appeal mean a trial by jury should not be heard in Cranbrook.
Cheyenne Learn was convicted in 2009 of second degree murder over Tammy Ellis’s death and sentenced to life in prison with no chance of parole for 16 years.
But in May, the B.C. Court of Appeal threw out that conviction and ordered a new trial for Learn.
Appeal Court Justice Ian Donald said the judge in the original trial misdirected jurors before their verdict by talking about the necessary intent required to convict someone of murder.
Learn’s case will be back in court on December 2 to fix a date for the trial.