On Monday, the B.C. Court of Appeal will begin hearing evidence in a Victoria woman鈥檚 bid to overturn her conviction for the murder of her 18-month-old daughter.
In October 2017, Kaela Janine Mehl was convicted by a jury of the first-degree murder of her daughter, whose name is protected by a publication ban. She was sentenced to life in prison with no possibility of parole for 25 years.
Mehl admitted she killed the girl by feeding her a mixture of yogurt laced with a fatal dose of Zopiclone, then smothering her in the early morning of Sept. 16, 2015.
In determining whether to find her guilty of first-degree murder, second-degree murder or manslaughter, the jury had to decide whether Mehl intended to kill her daughter and whether the murder was planned and deliberate.
Her appeal alleges that one of the jurors was biased and gestured repeatedly toward the baby鈥檚 father and his family as the jury entered and exited the courtroom. The name of the child's father is also covered by a publication ban.
Mehl鈥檚 lawyer is expected to argue that the gestures were expressions of sympathy and support that show the juror was biased. The lawyer is also expected to argue that Mehl鈥檚 lawyer 鈥渇ailed to provide her with effective assistance in defending the charge.鈥� On both grounds, Mehl鈥檚 lawyer will argue that these events have given rise to a miscarriage of justice.
The alleged behaviour by the juror, which was never brought to the trial judge鈥檚 attention, has been the subject of a lengthy and detailed post鈥憈rial investigation. Twenty-two people 鈥� including sheriffs and spectators sitting in the public gallery 鈥� have been interviewed and signed affidavits.
Some people saw frequent gesturing by the juror, which they interpreted as expressions of sympathy to the baby's father and his family, the appeal court said. Others saw the juror make one gesture once, but did not ascribe any meaning to it. Others didn鈥檛 see anything.
The juror gave a statement to police denying making any gestures toward the public gallery, the court said. The court has ordered a publication ban on the name of the juror and anything that would tend to identify the juror.
The hearing will take place from Dec. 7 to 18 at the Victoria courthouse. During the first five days, lawyers for the Crown and defence will cross-examine witnesses to try to sort out contradictions in the affidavit evidence on the two key issues. The juror and the defence lawyer will also take the stand. The evidentiary hearing will be followed by final argument on the issues of the appeal.
Mehl married her daughter's father in 2011 and the couple separated in May 2015. They became embroiled in a ugly, tumultuous custody battle for their child. Their exchanges of the little girl took place at the Saanich police station.
The Crown鈥檚 theory, which the jury accepted, was that Mehl was suddenly faced with the reality that she would have to share custody of her daughter with the girl's father and his family, whom she disliked.
Mehl hired private investigators, surreptitiously recorded exchanges and followed the family to find evidence that the child wasn鈥檛 safe with them. She went to the police and the Ministry for Children and Family Development, but did not get the help she needed. At the same time, the courts were increasing the family's access to the child.
On Sept. 15, 2015, frustrated, stressed and losing hope in the custody battle for the child, Mehl decided to kill herself and her daughter because she did not want to leave the child behind to be raised by her ex-husband's family, the Crown said.
Mehl began researching fatal doses of Zopiclone and started writing a suicide note. She fed the drugs to the child and smothered her. Then Mehl took what she believed was a fatal dose of the sleeping pills and finished writing her suicide note, which she emailed to the family of her ex-husband and the family lawyer.
Due to COVID-19 restrictions, space in the courtroom will be limited to the lawyer, the court clerks, the judge, sheriffs, witnesses and witness support persons. Members of the immediately family will be permitted to watch the hearing via a Zoom video link. Members of the public will be able to listen to the evidentiary hearing by a phone link provided on the Court of Appeal weekly hearing list before 10 a.m. each day.
The final argument of the appeal will take place on Zoom. A public link to observe this portion of the proceedings will be provided on the Court of Appeal weekly hearing list before 10 a.m. each day.
