Police video shown at cabin sex assault trial
The Canadian PressWednesday, March 19, 2014
BRIDGEWATER, N.S. - A Halifax man accused of sexual assault told police he thought the alleged teen victim was an adult and that he didn't see chains on him.
The account given by John Leonard MacKean in a videotaped interview with RCMP is contrary in several points with the testimony court heard from the alleged victim on Tuesday.
MacKean told police he did not perform oral sex on the boy, but used his hand to rub the alleged victim's genitals.
"It was my hand. Seriously."
The police interview, which came after his arrest for sexual assault, was submitted as evidence and played before a jury Wednesday in the province's Supreme Court.
In the four-hour video, MacKean told RCMP Cpl. Luc Cote that he was in a cabin with the alleged victim, who has testified that he was blindfolded with a sleeping mask and his hands and feet were chained to a bed when a man performed oral sex on him on Sept. 20, 2012.
"I didn't see chains," MacKean told Cote in the video dated Nov. 19, 2012.
MacKean said on the night of the alleged incident, he saw someone he believed to be in his early 20s lying down blindfolded on a bed in a cabin.
MacKean, 64, has pleaded not guilty to sexual assault and communicating for the purpose of obtaining sexual services from a person under 18.
The alleged victim testified Tuesday that he was abducted by two other men and held against his will in a cabin located about 130 kilometres southwest of Halifax. The youth, whose identity is protected by a publication ban, told the court that while he was kept captive another man police believe was MacKean sexually assaulted him.
At one point during his police interview, MacKean is shown on the video leaning over a white map that Cote had placed on the floor to simulate a bed. MacKean then demonstrates how he was positioned across the alleged victim's body and used his hand to rub the youth's penis up and down.
MacKean also said during the interview that Wayne Alan Cunningham, another man accused in the case who later died, told him that the youth, now 17, was in his early 20s.
"There wasn't supposed to be any young fellahs there, OK?" MacKean told Cote.
"It was supposed to be a buddy of his ... a friend of his, 21, 22 years old."
On a number of occasions during the interview, MacKean paces the room. He repeatedly says he is in a bad situation and describes himself as a "twit" for ever associating with Cunningham, with whom he had a sexual relationship.
MacKean is heard telling Cote that Cunningham "set me up," adding that it was Cunningham who had oral sex with the youth during "a threesome" he says went on for about 20 minutes.
MacKean said during the interview that he ejaculated afterwards while sitting at the side of the bed.
In his opening statement to the jury Tuesday, Crown prosecutor Lloyd Tancock said he will present evidence that an item in the cabin contains a DNA sample that ties MacKean to the scene of the alleged sexual assault.
Just before the end of Wednesday's proceedings, Tancock submitted DNA evidence from a blanket at the cabin.
Defence lawyer Mike Taylor said his client will testify Thursday.
"There's some evidence the jury needs to hear," Taylor said outside court. "It's necessary to clarify some issues."
Last June, David James LeBlanc was sentenced in the case to 11 years in prison after pleading guilty to kidnapping, forcible confinement, sexual assault, uttering threats and breach of conditions.
An agreed statement of facts in LeBlanc's case said he offered the teen a painting job and drove him in a van from Halifax to Lunenburg County in September 2012 on the pretext of picking up painting supplies.
The youth later escaped and a woman reported seeing a barefoot teenager at her doorstep, chained at his wrists and ankles.
LeBlanc was arrested in northern Ontario in September 2012 after a Canada-wide manhunt. At the time, police were also searching for Cunningham, whose body was later found near the area where LeBlanc was arrested. Foul play was not suspected in his death.