On Thursday, Blackmore's lawyer Blair Suffredine attacked the credibility of the records while also charging that the Crown hadn't proved the elements in the indictment. Suffredine argued that prosecutors needed to prove both a continual form of practising polygamy as well as a form of conjugal union, but marriage records only offer a snapshot of one moment in time.
The records are handwritten or typed, documenting "celestial" marriages over a period from to and some have a fax header from , meaning they're not original, said Suffredine. When they were found inside a secure vault in the FLDS Eldorado compound, they were unorganized and gathered from separate boxes and locations, Suffredine said.
He suggested the Crown failed to prove that going through a marriage ceremony proves a conjugal union, noting that there was no evidence on how Blackmore lived with his wives, what home life was like, what economic supports were or the attitudes toward childcare.
Oler is self-represented, but has the services of Joe Doyle, an amicus curiae, who serves as a friend of the court to ensure a fair trial, although he cannot offer any legal advice. Doyle made similar submissions as Suffredine, arguing the unreliability of the records and charging that the Crown didn't prove Oler continuously practised a form of polygamy between to Both men are former bishops of the sect in the province's southeast. Neither denied having multiple marriages and Blackmore has fathered more than children from his marriages.
I've never denied my faith. This is what we expected. The day trial heard from one of Blackmore's ex-wives, Jane Blackmore. She told the court that Blackmore once told her he was "only doing what God told him to do. In her ruling, Donegan said she found Jane Blackmore to be a "thoughtful, credible" witness. The judge also said Blackmore was "deliberate" in his marriages and "would not deny who he was or what he believes in" in interviews.
Blackmore's lawyer, Blair Suffredine, previously said he'd launch a constitutional challenge to the validity of the polygamy laws if his client were to be found guilty.
The two men lost a bid to be tried separately. In previous Federal Tax Court hearings he forgot to name one of his wives, and admitted he'd need to call home for help to be able to name all of his offspring. The legal battle dates back to the s when investigations of the isolated religious sect were prompted by allegations that Bountiful residents were involved in multiple-wife marriages, described as "celestial marriages.
The court is expected to hear the history of the breakaway Mormon sects in the next few days, when Texas Ranger Nick Hanna testifies. Thousands of pages of marriage records were seized during the investigation that led to the arrest of Jeffs, 61, who is now serving a life sentence for child sexual assault.
But the Canadian case against Blackmore and others became mired in legalities because of a lack of clarity around polygamy laws. Several efforts to clarify legislation followed, taking the case to the B. Supreme Court level.
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