Gordon Frank Nickerson appeared in Kentville Provincial Court March 19.
By Kirk Starratt
A warrant has been granted for the arrest of a witness who failed to appear as directed for a trial. The court granted an arrest warrant for Bradley Cameron Waye, who had been summonsed to appear for the trial of Kyle David James Fredericks. Fredericks is charged with criminal negligence causing death and trafficking hydromorphone (dilaudid) in the March 19, 2011 death of Joshua Graves.
Waye is also charged with trafficking hydromorphone stemming from the same party where Graves allegedly mixed the drug with alcohol, precipitating Graves’ death.
Judge Alan Tufts clarified with Crown Bill Ferguson that testimony given by witness Aaron Robicheaud earlier in the day would form part of the voir dire hearing into a video statement given by Robicheaud.
After the court viewed the three-hour video statement, Robicheaud testified that he had “more less” given the police information about Fredericks to get the police off Robicheaud’s back. Robicheaud testified he was high on dilaudid at the time of the video statement and he had the information given confused with another night. He had stated in the video Fredericks had a pill crusher and was selling dilaudid at the party and counting money.
Robicheaud said, through the entire interview, he was worried the police thought he had sold Graves the drugs.
- Read more special articles:
- UPDATE: Decision in Fredericks' trial expected Feb. 21
- Judge rules video statement of witness admissible as evidence
- Fredericks trial continues
- Video evidence may or may not be admissible in trial
“I was worried they were going to point fingers at me,” Robicheaud said.
Joseph Fraser also gave testimony as the trial resumed following the voir dire. He said he saw Graves drinking from a bottle of rum at the party. Fraser testified he had purchased dilaudid at the party, but from Waye. Fraser said he snorted dilaudid at the party and drank half a 40-ounce bottle of rum.
Fraser said he didn’t see Fredericks with any drugs but he saw Graves with a pill crusher that had been handed to him by Fredericks.
There was some confusion on the part of Fraser when asked by Defence attorney Chris Manning under cross examination if he had initially been given the information by Fredericks in a phone conversation or in person that Fredericks had provided the dilaudid Graves had taken. Fraser said he does recall a conversation in a vehicle where Fredericks said Graves got the dilaudid from Fredericks.
“I’m 100 per cent sure he told me he gave Josh the pill,” Fraser said.
Fraser said both he and Fredericks were upset because both had lost a good friend in Graves.
The trial resumes at 9:30 a.m. Jan. 9. Jan. 10 has also been set aside for the trial.