BY ANDY GARDNER North Country This Week CANTON -- Judge Jerome Richards on Tuesday afternoon denied a motion from the defense to dismiss the murder charge against Christopher Hebert on the grounds …
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BY ANDY GARDNER
North Country This Week
CANTON -- Judge Jerome Richards on Tuesday afternoon denied a motion from the defense to dismiss the murder charge against Christopher Hebert on the grounds that the prosecution hasn’t proved their case.
Hebert, 47, is being tried for second-degree murder in connection with Yekel's death. Her remains were discovered in a wooded area near the Massena Industrial Park, off state Route 420, on Aug. 29, 2014.
"Corroboration requirement is necessary to convict someone,” defense attorney Daniel Ramsey said when moving for the dismissal. "A person may not be convicted solely on evidence of admission … Several of the elements the people are required to prove are established solely on the purported admissions ... and not corroboration.”
"We have established where this occurred based upon defendant's admissions on tape as well as conversations with other people … We do have corroboration, the admissions from the defendant corroborate what was found at the scene, the clothes being hidden … We've established every element as to where the crime occurred, the intent of the defendant, and that Ms. Yekel's death was caused,” District Attorney Gary Pasqua argued in response.
Judge Jerome Richards sided with Pasqua.
He cited case law where the “victim’s remains (were) found in a location [the defendant] described.” Several witnesses testified that Hebert told them he disposed of Yekel’s remains in a wooded area in the Massena Industrial Park.
The judge also pointed to “corroboration from Justin LaShomb … from [Jason] Smith.”
They both testified that Hebert came to their homes the night he is alleged to have killed Yekel. They both said Hebert told them he killed someone and asked for help disposing of the corpse, which they both refused to do.
The trial resumes at 9:30 a.m. this morning in St. Lawrence County Court. The prosecution has rested, and Hebert will take the stand as the sole witness for the defense.