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Man convicted in crowbar road-rage attack files mistrial application, citing brand brand new medical viewpoint
A doctor opined the target’s injuries where due to dropping
A person convicted of breaking a lady’s hands having a crowbar has filed a mistrial application, alleging brand brand new medical proof shows the target’s accidents had been brought on by dropping, perhaps maybe maybe not being struck.
Jared Eliasson is waiting for sentencing after being convicted previously this season of a 2017 attack described in court as a morning road-rage event.
However in an application filed in Edmonton Court of Queen’s Bench on Wednesday, Eliasson argues the judge in ukraine brides the event should purchase a mistrial, or vacate the convictions and reopen the test to listen to evidence that is new.
«The newly disclosed X-rays as well as the viewpoint page from Dr. McLeod call into question the once uncontroversial suggestion that the accidents had been brought on by being struck by way of a steel club,» the defence alleges when you look at the application.
In accordance with 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, 3 days after Eliasson was acquitted of attempted murder, but convicted of aggravated assault, possession of the dangerous tool and mischief.
Elias had been told the caller ended up being acquainted with 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 their attorney sought use of the X-rays and a viewpoint through the orthopedic doctor who had operated on and managed Schendzielorz.