Lawyer expects to seek bail for jailed ex-officer by Christmas
Client: Steve Walton, Heather Walton
Charge: Bribery, Harassment
Defence: Private communications were used in informations to obtain search warrants and production orders; without those there would not have been sufficient information to justify warrants being issued.
Sentence: awaiting decision
Defence lawyer Alain Hepner hopes to get a former Calgary police officer out of prison and home for Christmas after conviction appeals were filed Thursday for Steve Walton and his wife Heather.
Steve Walton was sentenced last month to three years in a federal penitentiary for his role in a police corruption case which saw officers paid to stalk the ex-girlfriend of a Calgary millionaire.
But Hepner said now that Walton’s appeal was filed Thursday afternoon by co-counsel Alias Sanders, he’ll take steps to see if he can get his client released on bail pending that proceeding.
Sanders filed notices of appeal on behalf of both Waltons asking that their convictions be overturned and acquittals entered, or at the very least new trials ordered.
The couple were convicted along with wealthy Calgary businessman Ken Carter in connection with the criminal harassment of Akele Taylor, who shared a young child with the millionaire.
Steve Walton was found guilty of harassment, bribery of a police officer and unlawful storage of a firearm while his wife, who was handed a 15-month conditional sentence to be served in the community, was convicted of the latter two charges.
Carter, who was last reported in a Russian hospital having suffered a brain aneurysm, was convicted of criminal harassment of Taylor,
He is to be sentenced by Justice Glen Poelman whenever he returns from Russia, where he traveled to after his conviction.
Multiple grounds for appeal were cited for both Waltons, including that Poelman erred in not excising private communications used in informations to obtain search warrants and production orders.
Without those private communications there would not have been sufficient information to justify warrants being issued, the separate appeals say.
Poelman had delayed sentencing the Waltons until last month, hoping to hand down their punishments at the same time as Carter’s.
But because it remains unclear when Carter will be well enough to return to Canada and face his sentencing, Poelman decided to proceed with the other two.
Hepner said he will have to contact the prosecution’s appeals branch to find out which Crown will be handling the appeal.
He hopes a bail hearing can be scheduled by next week and argued before the holiday season.
“I’m going to try to get it done by Christmas,” he said.
The appeal notices also seek reductions in both husband and wife’s sentence if the convictions aren’t overturned.
Source: Calgary Sun