Screams for help played at trial

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This article was published 07/09/2023 (1099 days ago), so information in it may no longer be current.

The voice of a Ninette woman whose death is the subject of a murder trial was heard by a courtroom on Wednesday, as audio recordings of her screams for help that were found on her phone were played aloud.

“I’m worried about what you’re going to do next,” Catherine Mass could be heard telling her son, Nicholas Mass, during a recorded conversation between them. Nicholas then yells back at her, saying that he’s trying to leave. “I will never see you again if you just stop f—ing up my life.” Then Catherine begins to scream for help.

The six audio recordings were played in the King’s Bench courtroom Wednesday afternoon, as part of the testimony from the Crown’s fourth witness, Alexandre Morian, a digital forensic analyst with the RCMP who retrieved the recordings from Catherine’s phone.

On March 12, 2021, Killarney RCMP found the body of Catherine Mass, 61, wrapped in a tarp in the basement of the home where she lived with her son. Nicholas has pleaded not guilty to second-degree murder.

Morian testified that he also found notes on Catherine’s phone, including one about a night when she awoke to the basement being flooded with water and Nicholas telling her he was high on acid and that the situation was her fault.

The audio recordings depicted multiple interactions between Catherine and Nicholas, where he curses at her about how she causes problems for him and is messing up his life. He calls her stupid, self-centred and that she is a “problem” on his “list.” She refers to him as “Nicky” and responds that she loves her life and that she “wants to live her life in peace.” He tells her to “burn in hell” and to stop “f—ing up his life.”

Morian also testified about information he found on a laptop seized from Nicholas’ room that included a text document from January 2021 that contained the words, “I wish she would die already.” A search engine history on the computer contained indicated numerous online searches were made for lawyers in Manitoba.

Earlier in the day, the court heard from Sgt. Albert Boswall, a RCMP officer who attended the crime scene at the Mass home. He testified that there was what he believed to be blood smears on Catherine’s face inside the tarp that were not completely dry. A significant amount of blood was also in her hair at the back of her head, Boswall said.

Boswall also testified that a cellphone was found in the kitchen garbage. Three pairs of disposable gloves, eyeglasses, and disposable used wipes, which were stained red, were also found in the garbage.

Cross-examination by defence lawyer Saul Simmonds focused on Boswall confirming that various items that could be used as a ligature, like the scarves and clothing, found at the house, were not seized and tested. Simmonds showed Boswall photos that were taken from the scene, including a piece of cloth hanging from the chimney, and a piece of fabric hanging from a beam in the garage, which Boswall confirmed that both were not seized or tested.

Simmonds also asked Boswall if he had known that Catherine had gone through a mental health assessment or that there were indications made to others that she had been suicidal. Boswall said he was not aware of either.

The photo book was filed as an exhibit by defence, though the lawyers ran into difficulty getting photocopies to the court earlier that morning because Brandon police officers seized the photos from a printing centre after an employee raised concerns about the disturbing nature of the crime scene photos.

A police officer who is expected to testify in the trial brought the photos to the courtroom, although Simmonds wondered aloud on what grounds police had seized the photos in the first place.

The court also heard the testimony of Const. Jacob Banner, who was a Turtle Mountain RCMP officer in February 2021 when, he testified, he’d provided Catherine with forms that she filled out to obtain a protection order against her son.

During cross-examination by defence lawyer Jessie Brar, details about the order were revealed, including that Catherine wrote on the form that there was verbal and emotional abuse in the home, as well as damage to property.

Brar focused on asking Banner whether the application had any answers that suggested physical violence. Banner said that there was nothing written in specific answer boxes in the application that mentioned physical violence. He testified that the application was denied.

On re-direct by Crown attorney Yaso Mathu, Banner testified that he was not aware of the reasons why the protection order was denied.

Banner’s testimony was part of a voir dire proceeding and at the end of the trial, the judge will decide on the admissibility of his evidence.

Cross examination of Morian is expected to begin this morning. The judge-only trial is scheduled for eight days.

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