NEW WESTMINSTER, B.C. - Accused murderer Robert Pickton was unsophisticated, failed Grade 2 and did not fully understand questions and statements put to him under interrogation, his lawyer suggested Wednesday.
He was under the control of his brother and sister, his share of his parents' will was in trust, and police had information prior to the lengthy interview that he was "slow,'' his defence lawyer, Peter Ritchie, told court.
But RCMP Staff Sgt. Bill Fordy rejected Ritchie's suggestions.
"I don't recall information about his ability to understanding things,'' said Fordy.
The defence lawyer asked Fordy if he was aware the accused's brother "took care of him'' and his share of the will was in others' trust. Fordy said he wasn't.
Ritchie, who has represented Pickton since his arrest in February 2002, asked if Fordy ever had information that Pickton was controlled by his sister and brother. Fordy said he didn't.
But Fordy agreed that Pickton had unusual speech patterns, though he said it didn't strike him as strange.
During the 11-hour interview with police, Pickton said "I'm mind baffling.'' At one point, he talked about cherry pies and his cherished horse Goldie.
Ritchie asserted to Fordy that were "many occasions when Mr. Pickton appears to not understand you.''
Again, Fordy disagreed.
When Pickton was asked by Fordy what qualities he respected in a person, Pickton replied: "How does that word out.''
Ritchie said Pickton had "flunked Grade 2'' and was put in a special class. The defence lawyer showed Fordy Pickton's school records, but Fordy said he didn't recall ever knowing that information.
"My recollection is he quit school before age 16,'' said Fordy.
Pickton has been charged with killing 26 women from Vancouver's Downtown Eastside, but the current trial is on only six of the counts. A trial on the remaining 20 will take place later.
Fordy testified earlier in the day he lied several times during the interview but said it was within the law.
Fordy told jurors he lied "on a number of occasions,'' but he also said his understanding of the law allows him to lie to suspects during interviews.
The officer said a suspect has a right to remain silent and during the interview he told Pickton several times that he didn't have to speak to police.
But Fordy also conceded he would attempt to steer the suspect in another direction if the suspect alluded to not speaking without a lawyer present.
"How about demeaning the right to silence? '' asked Ritchie.
"It's inappropriate to disparage counsel,'' said Fordy. "I talk about people having the right not to talk.''
Court heard Pickton spoke briefly to a lawyer by telephone shortly after the interview with police began, but he returned to the interview room after the call and the 11-hour interrogation continued.
Court also heard one of Pickton's lawyers called the detachment that day and then later came by.
"My understanding of the law is I have no obligation to end the interview once we've started,'' said Fordy.
He said he has ended interviews in some circumstances, but "I don't have to stop because a lawyer is at the front door.''
Fordy acknowledged that a lawyer can advise a client not to speak to police but "I try to persuade them not to follow that advice.''
Ritchie pressed Fordy about the number of times he told lies, as opposed to misstatements and exaggerations.
Fordy said he lied and had a legal right to do so, but said he did not "fabricate'' evidence against Pickton.
The officer said he lied about his mother dying of cancer, about his brother having a degree and when he told Pickton he wouldn't lie to him.
It was an effort to build a rapport, he testified.
"People are more likely to speak to you if they like you,'' he told Crown prosecutor Satinder Sidhu in his direct examination.
Among the misstatements he made, Fordy told Pickton that investigators found Pickton's DNA on top of the DNA of Sereena Abotsway, one of the six women Pickton is standing trial for murdering.
But Fordy testified it wasn't possible to differentiate between one set of DNA and another. It was "intermixed.''
"Was that intentional?'' Sidhu asked.
"No, it was a misstatement,'' Fordy said.
