Murder charges stayed against Edmonton teens

A stay of proceedingshas been enteredagainst the two teenage boys charged withfirst-degree murder in the deaths of Susan Trudel and Barry Boenke after a judge ruledthat a statement made by one of the boys was inadmissible as evidence.

"He was not clearly informed of the requirement that a lawyer must be present when he made his statement unless he desired otherwise," ruled Alberta Court of Queen's Bench Justice John Gill in a 28-page decisiondated May 27.

"The Crown has not established beyond a reasonable doubt that the statement was voluntary."

Trudel, 50, and her friend Boenke, 68, were found shot to death at a rural property near Ardrossan, just east of Edmonton, two years ago.

The two youths charged were wards of the province of Alberta who lived in a group home operated by Bosco Homes.

The teens, who were 14 at the time of the killings and can't be named, were scheduled to go to trial in September.

At the time, the RCMP called the murders "random."

The teens were arrested June 1, 2009 and interviewed by police.Although oneboy spoke with a lawyer prior to the interview, no lawyer was present with him during the three-hour interrogation.

The judge doubted whether police clearly explained that a lawyer was required to be present unless the teen desired otherwise.

The judge also expressed doubts about how voluntary the teen's statement was pointing out the boy's age, lack of experience with the legal system, plus his lack of sleep during the police interview.

Ruling angers families

The ruling angered Trudel's and Boenke's families.

"Oh we're upset," Trudel's daughter Jody Anderson told CBC News. "But speaking publicly won't change anything, so what are you gonna do, right?"

On his Facebook page, Trudel's son Jason Anderson wrote: "The kids that killed my mom are being released from jail tomorrow due to lack of evidence ... how f---ed is that?"

"I am totally outraged," said Judy Breitkreitz, Boenke's widow. "I'm not asking for the moon, I'm asking for common sense from a judge here."

Crown prosecutor Michelle Doyle decided without the teen's statement there was little chance of winning a conviction.

She disagreed with the judge's ruling and maintains police did a professional job throughout the investigation, including taking the statement.

"In taking statements from young persons, the police are subjected to greater obligations in order to ensure fairness," said Doyle.

"It is a difficult undertaking to take a statement form a young person in complete compliance with the law," she said.

Investigators did everything they could to make a successful case, said Strathcona County RCMP.

"I don't think it's a case where somebody messed up or there's blame to be put on someone for an oversight in any part of the investigation," said Const. Wally Henry.

Police hope witnesses come forward

Henry is certain there are people who know what happened the night of May 31, 2009, but have since remained silent.

"We sincerely believe there are people out there who have knowledge of this incident and for one reason or another they have chosen not to not be involved in it," said Henry. "We're really encouraging them to come forward."

The Crown has one year to resurrect the charges if significant new evidence becomes available, Alberta Justice spokesman David Dear said in an email.

The Crown is seeking a review by Alberta Justice Appeals Division into the Courts decision to determine if an appeal is possible, he said.

The appeals division has 30 days to complete this review.

The youths are to be released from custody.

"At this time, the Crown has no legal grounds to hold the youths in custody," said Dear.

Breitkreitz said she's afraid of what will happen now the teens are free.

"These two boys are going to be in a public group home. Something will happen again.

"You have to remember [Alberta Children and Youth Services] has no obligation to anyone to say where these boys are being placed," said Breitkreitz.

"They could be next door to you."

The province will ensure the teens are placed in an appropriate facility, said spokesperson Stuart Elson.

"We consider that's not only the counseling or therapy that a youth may require, but that's also things such as supervision and ... community safety."