Public shouldn't pay for N.W.T. killer's appeal lawyer, says prosecutor

The public shouldn't have to pay for a lawyer for convicted murderer Keenan McNeely, says Crown prosecutor Jay Potter.

McNeely, 22, was found guilty of murdering and sexually assaulting Charlotte Lafferty, a young mother from Fort Good Hope, N.W.T.,four and a half years ago. At the time of the crime, McNeely was five weeks away from his 18th birthday.

Last year, he was given an adult sentence of life with no parole for at least 10 years.

McNeelyis serving his time at a maximum security institution in Edmonton.

McNeely is appealing the decision to sentence him as an adult, as well as the decision to have him serve his sentence in a federal institute rather than a territorial institute.

The test for determining whether an appellant is entitled to a publicly funded lawyer is based on three factors, according to Potter:

• Whether the person can afford a lawyer.
• Whether the person is able to represent him or herself.
• Whether the appeal has any reasonable prospect of succeeding.

"There's just nothing in this [sentencing] decision that suggests he has any chance of success in this appeal," said Potter.

Potter saidthat no one has ever served a life sentence in a territorial jail. Potter said there is no disputing that McNeely can't afford a lawyer and is not able to properly represent himself;butMcNeely has no chance of winning his appeal so a lawyer shouldn't be provided, said Potter.

"I know my crime was serious, but an adult sentence is just too harsh," said McNeely in court Monday.

McNeely said at the time of his sentencing, he had a Grade 3 level of education, but he has since upgraded himself to Grade 9 while in prison.

The judge will say on Dec. 17 whether or not McNeely gets a publicly funded lawyer to help him with his appeal.

With files from Richard Gleeson

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