Second Agreed Statement of Facts in Twitchell Case

8/7/2019 Second Agreed Statement of Facts in Twitchell Case

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IN THE COURT OF QUEEN"S BENCH OF ALBERTA

JUDICIAL DISTRICT OF EDMONTON

BETWEEN:HER MAJESTY THE QUEEN

- and-

Mark Andrew TWITCHELL

AGREED STATEMENT OF FACTS #2

The Crown alleges the following facts, and the accused, Mark Andrew TWITCHELL,makes the following admissions of fact for the purposes of dispensing with the formal proofthereof:

1. The police maintained control of the garage at 5712-40 Avenue from the time that Cst.Maxwell first met Mark Twitchell there on the evening of Saturday, October 18,2008 tothe time that the forensic examination of the garage was concluded on October 31,2008. During that time period, police members were the only people who were allowedaccess to the garage.

cK)v2. Exhibit 33, Canadian Tire receipt for GV.LG.NIP. 1/2 x 2, dated October 9,2008, isa receipt for the purchase of two 24-inch long metal pipes, of the same type as the itempurchased by Detective Metselaar from Canadian Tire in September of2009.


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C h I ) /J(3. Exhibit .lL, contains a receipt from Milarm Co. Ltd., dated September 8, 2008.

Milarm is an army surplus store. This receipt is for the purchase of a KA-BAR huntingknife and sheath - the same type of hunting knife and sheath that was found in MarkTwitchell's car on October 21, 2008 and labeled as NA-2(a).

4. The bone found in the back yard of Mark Twitchell's parents' house on October 31,2008, and labeled as NA-140 was not of human origin.

5. The metal pipe found in the garage at 5712 - 40 Avenue and labeled as NA-109 wastaken to the Medical Examiner's office for examination. On November 13,2008,scrapings of tissue were taken from the inside and outside of the end of the pipe thatwas not wrapped in tape. These scrapings were labeled NA-109(a) and NA-109(b). Dr.Graeme Dowling, the Chief Medical Examiner, conducted a microscopic examinationof those tissue samples. The samples contained numerous tiny fragments of skin, fat,skeletal muscle, fibrous tissue, and bone. Although Dr. Dowling determined that thistissue could be human in origin, he was not able to be certain.

6. On November 13,2008, Dr. Lowell Reimer, a forensic dentistry consultant, examinedthe tooth fragment that was found on the floor of the garage at 5712 - 40 Avenue andlabeled as NA-118. Dr. Reimer determined that this tooth fragment was from a humanincisor tooth.

7. On June 25, 2010, Dr. Sweet of the University of British Columbia Bureau of LegalDentistry, ground down the tooth fragment, labeled NA-118, and the portion of pelvis

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bone, labeled NA-167, into fine powder for the purpose of potential DNA extraction bythe RCMP laboratory. The vial of the ground powder from the tooth fragment waslabeled NA-118-1, and the vial of the ground powder from the pelvis bone was labeledNA-167-1. These were both sent to the RCMP laboratory for DNA analysis.

8. On September 3, 2010, Dr. Sweet also ground down a full incisor tooth, labeled NA-170, into fine powder. The vial of the ground powder from this tooth was labeled NA-170-1. Itwas sent to the RCMP laboratory for DNA analysis.

9. "Dexter," as referred to in this trial, is a popular book and television series in which themain character, named Dexter Morgan, works as a blood-spatter analyst with the MiamiMetropolitan Police Department. Dexter's father recognized his son to be a sociopath ata young age. Dexter is also a serial killer, who was trained by his father (who believedDexter's homicidal nature could not be eliminated) to choose his victims on moralgrounds. The attempted moral basis for his killing is called "The Code." Another partof "The Code" that Dexter's father urged was the importance of appearing normal to theoutside world. Simple human acts (like smiling for pictures and acting sad duringfunerals) do not come naturally to Dexter. Dexter Morgan uses distant locations for hiskillings to take place and goes to great lengths to dispose of all evidence of his crimes.The rooms he uses are covered in plastic. He frequently dismembers the bodies of thedeceased and usually disposes of the remains by throwing them overboard from his boatinto the Bay. Dexter's "Dark Passenger" is more heavily referred to in the books, and isboth his alter-ego and his desire to kill (e.g. he will refer to himself as "we" when he is

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killing his victims in the book). In the television show it is just used to personify hisneed to kill and isn't treated as a fully formed alter-ego.

DATED at the City of Edmonton, in the Province of Alberta, this ~ day of f I D il I ,2011.;

c Avril IpglisCrown Prosecutor

Mark Andrew Twitchell

Lawr~Crown Prosecutor H es DavisonCounsel for Mark Twitchell

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Second Agreed Statement of Facts in Twitchell Case