
Technical difficulties delay trial
Published Tuesday July 15th, 2008


The sexual assault trial of Colten Samuel Cullins, 19, of Gordonsville was adjourned Wednesday after it was determined the recent paint job of the Woodstock courtroom somehow put needed video cameras out of commission.
The complainant in the case began her testimony on the stand, but, when she couldn't bring herself to detail her ordeal of sexual assault in the courtroom, the video link was requested by the Crown.
Before that request, however, prosecutor Ken Oliver did manage to have the witness detail events leading up to the assault.
Since the complainant is a minor, she cannot be identified.
According to her testimony, on Dec. 31, 2006, the complainant was asked to babysit for some family friends so they could go out and enjoy New Year's Eve celebrations.
Shortly after the complainant's arrival to the home, where Cullins happened to be staying, the friends left around 9 p.m. for a New Year's party.
Upon their return around 12:30 a.m., alcohol was consumed by all except for the complainant, she said.
After all the adults went to bed, she and Cullins remained in the kitchen talking and listening to music.
Cullins asked the complainant her age, wherein she lied saying she was fifteen and in Grade 9, instead of her actual 12 years of age in Grade 7.
Cullins also lied about his age, she said, telling her he was 17 rather than 18 years of age as she later learned.
During their conversation, the accused asked the complainant if she was familiar with the band Korn. When she said she wasn't, the accused asked her if she wanted to listen to the band's music in his room, the complainant testified.
The complainant accompanied him to his room, where he turned the music on and they sat on his bed, she said.
She then related to the court that Cullins asked her, "would you hate me if I kissed you?"
The complainant replied no.
She said Cullins then asked her if she'd ever had sex before.
Again she replied no.
Did she want to, Cullins asked.
No, she replied.
It was at this point in the trial the complainant could go no further.
She began staring blankly at the floor in response to the Crown's questions of what happened next.
After the complainant sat there a few moments, the Crown requested a break.
The young girl stepped off the stand, hugged her mother and began to weep.
To help the complainant complete her testimony, the Crown applied to the court for a video link so she could testify from another room.
Defence counsel Brent Dickenson objected to the video testimony, saying the complainant has no physical or mental disability that is required for testimony via video.
Judge R. Leslie Jackson decided in the complainant's favour, allowing the Crown's application.
At this point, Dickenson stood and requested a meeting in chambers with the judge about his decision.
However, the technical problems with the video made the meeting moot.
Since the victim preferred to testify by video link and could not do so without the cameras, proceedings were put over until Nov. 6.




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