Man convicted in crowbar road-rage attack files mistrial application, citing brand brand new opinion that is medical

Man convicted in crowbar road-rage attack files mistrial application, citing brand brand new opinion that is medical

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A surgeon opined the target’s accidents where brought on by dropping

A person convicted of breaking a lady’s hands by having a crowbar has filed an application that is mistrial alleging brand brand new medical evidence shows the target’s injuries had been due to dropping, perhaps perhaps not being struck.

Jared Eliasson is waiting for sentencing after being convicted early in the day in 2010 of a 2017 assault described in court being a morning road-rage incident that is early.

However in an application filed in Edmonton Court of Queen’s Bench on Wednesday, Eliasson argues the judge in the event should purchase a mistrial, or vacate the convictions and reopen the test to listen to new proof.

“The newly disclosed X-rays plus the opinion page from Dr. McLeod call into question the once suggestion that is uncontroversial the accidents had been brought on by being struck by a steel bar,” the defence alleges into the application.

Based on papers filed in court, Eliasson’s attorney, Zack Elias, received a mobile call from an anonymous individual from the Royal Alexandra Hospital on April 15, three times after Eliasson had been acquitted of tried murder, but convicted of aggravated assault, control of the dangerous tool and mischief.

Elias had been told the caller ended up being knowledgeable about Chelsey Schendzielorz’s X-rays and records that are medical and claimed that her accidents could not need occurred in how described in news reports.

Eliasson’s July sentencing hearing ended up being defer while his attorney desired usage of the X-rays and a viewpoint through the surgeon that is orthopedic had operated on and managed Schendzielorz. Read more