A key Crown witness in a murder case involving her cousin was released from jail Friday afternoon under a strict order to not be impaired in any way when trial resumes Tuesday morning.
“These are easy conditions,” Superior Court Justice Andrew Goodman told Kirsten Bomberry.
She was thrown in jail Wednesday after she contributed little information during three part days on the stand.
Bomberry was one of several people who were charged in a triple homicide on Six Nations of the Grand River in 2018.
On Nov. 4, 2018, the bodies of Melissa Trudi Miller, 37, who was seven months pregnant, Alan Porter, 33, and Michael Jamieson, 32, all of Six Nations, were found in an abandoned truck on Bodkin Road, near London .
Kirsten Bomberry was charged with being an accessory after the murders that happened at her home on Six Nations but was acquitted after successfully arguing in a trial that she had assisted because she feared for her life.
Her cousin, Thomas Bomberry, has pleaded not guilty to second-degree murder in the deaths of Miller and Porter.
Court has heard that Nicholas Shipman has pleaded guilty to three counts of manslaughter in the deaths of Miller, Porter and Jamieson, and Jamie Beaver, has pleaded guilty to the aggravated assault of Miller. They are to be sentenced in March.
When the trial opened on Monday, Kirsten Bomberry was dismissed early after the judge expressed concerns she was slurring her words and nodding off while being questioned. She denied being intoxicated and said she simply hadn’t slept much.
On Tuesday, Bomberry was again sent home after refusing to answer any questions put to her.
“Due to post-traumatic stress I’ve blocked it all out,” she said. “I don’t remember anything.”
Without her testimony, an almost four-hour video statement that she gave to the OPP was played for the court and accepted as evidence.
Bomberry was to return to court Thursday but the Vanier Center for Women in Milton refused to release her, saying a scan seemed to reveal a package of possible drugs in her body. There was concern that the package might burst if she was sent to the courthouse.
Friday’s hearing was held to ensure Bomberry wasn’t kept in jail without cause since the trial is not to resume until Tuesday.
She was brought to the Hamilton court in person after the Vanier Center “came to a different conclusion” Friday morning, said Bomberry’s lawyer, Ian McCuaig, adding that there likely was no package.
“That’s somewhat surprising,” said the judge.
He also noted that, although Bomberry was sitting well away from him in the courtroom, he could see his eyes were open and she appeared to be more articulate and alert than previous days.
McCuaig said Bomberry had been faithfully attending the trial and had just completed a six-month house arrest without issue.
“I urge you to let her out and trust her to show up on Tuesday.”
He added that Bomberry’s slurred speech is part of a normal pattern that gets worse with stress.
Brantford Crown Attorney Andrew Falls said that Bomberry’s answers during questioning had “stretched the definition of what was credible.”
“The case before the court is one of the most serious we have and there are serious consequences for Mr. Bomberry. There’s no indication Ms. Bomberry is going to participate in this process even if she attends court.”
Falls asked the judge to keep Bomberry in jail, at least until Tuesday.
But Goodman ordered Bomberry released on her own recognition.
She is to return to court by 9:30 am on Tuesday with no drugs, alcohol or any intoxicating substances in her system.
@EXPSGamble