Trevor Birtch Trial Daily Recap - September 2024

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LONDON - The second trial for former Woodstock Mayor Trevor Birtch has begun at the London Courthouse.

Birtch is back on trial less than a month after he was found guilty of assault and one count of sexual assault from a trial that took place at the end of May. 

He is on trial for three counts of sexual assault, the first count is said to have taken place on August 15, 2021, the second count is alleged to have happened on April 5, 2022, while the third count covers the time frame of January 1, 2017, until April 5, 2022. Birtch has pleaded not guilty to all three counts put before the court.

You can find a daily recap of the trial below:

Day 4 - Monday, September 9th - (Defence continues Cross-Examination of Complainant, Defence Calls Trevor Birtch to the Stand)

Today, the defence and Crown started with the judge talking about the line of questioning the defence could use while conducting cross-examination concerning count three of the indictment. The defence was asking if he would be able to ask questions about potential consensual sexual activity. The judge said that would not be allowed unless a 276 application was brought in. The judge said that the line of questioning regarding the third count would have to stay on the line of the alleged acts the complainant brought up in her examination in chief.

Next, the defence continued with the cross-examination of the complainant and revisited the timeline of when the complainant and Birtch first met, and the complainant said she would have been 19 or in her early 20s. The complainant said they began a relationship 10 years after the first meeting, which would have been around the summer of 2017. The complainant mentioned their relationship ended toward the end of 2017 because of the lies and cheating Birtch was doing, and they never spoke or saw each other in 2018. She told the court that in 2019 she reached out to Birtch for help as there was an event that took place, which needed to involve the police, but she didn't feel comfortable contacting the Woodstock Police on her own, and she thought with Birtch being on the Police Board he would be able to help her. Once the two rekindled communication and their relationship, the complainant said Birtch would be at her apartment every day just like in 2017. She also mentioned that in 2019, the drug abuse started, along with the mental, physical, sexual and emotional abuse. When asked about who would supply the drugs and alcohol the complainant said Birtch supplied that on all but a few occasions. The defence asked the complainant if she ever brought any of the alleged sexual assaults that were involved in the third count up to the police when they happened, and she said that she didn't. The complainant was asked if after each of the alleged events she still had Birtch over at her apartment, and she said yes they hung out, and continued to hang out until Birtch was arrested and charged with the three counts currently before the court.

The Crown conducted a brief re-examination of the complainant and started by asking about the cost of the drugs allegedly used by herself and Birtch. The complainant said it would cost $100 for one gram, and that she was on ODSP, which in her words would not allow her to be able to afford to buy the drugs. The Crown then asked how much drugs would be used per time they hung out, and the complainant stated it would be at least one gram if not more. The last point brought up in the re-examination was to clarify how the complainant would be in communication with the ex-friend and the victim of the first trial. The complainant said it would be via text messages on her laptop.

The day ended with the defence calling Birtch to the stand. The defence started with background information from Birtch including his career history, family history, and marriage history. Once that was complete, the defence moved on the to first count in the indictment, which was the alleged Turkey Point incident on August 15, 2021. Birtch gave his version of the events and said they planned to go for a BBQ, he picked up the complainant at her apartment, and they drove toward Turkey Point. Birtch made a stop at a food stand to get fresh sweet corn and sausages, he says they got to a secluded spot, and it was the complainant who invited the homeless man over for supper. He says it was then when the man and himself moved the picnic table, he says at a certain point the complainant and the homeless man began arguing about a homeless man in Woodstock. He says the homeless man then grabbed a knife out of his backpack and put it on the table, he described the knife as an army-style knife and says the two were about 4 feet away at the time of the beating that was taking place. Birtch says the homeless man swung his knife at him and only cut his shirt from side to side across his stomach, he says he heard a woman say that she was going to call the police and adds the homeless man threw his knife into the woods. Birtch mentions he helped the complainant up off the ground and said she needed to go to the hospital. When asked about the events after leaving the picnic, this is what Birtch said, the complainant needed to go to the bathroom and he said they were close to a Tim Horton’s, but she said she couldn’t wait, they pulled off on the country road near a farm. Birtch said he helped her out of the car and helped her go to the bathroom on the side of the road. He then said as he was helping her up after going to the bathroom his groin area was at the same level as her head, and she made the comment about her jaw hurting, he said that he told her she was kicked in the face and her jaw was out of alignment, and at that point, she made the comment of using Birtch’s private area as a jaw realignment tool. Birtch denies that fact made by the complainant that he ever attempted to put his privates near the complainant's mouth. Birtch continued in his examination in chief of this incident by saying once they got back to Woodstock, he stopped at Shoppers to get Advil and Aleve as the complainant was in pain. Birtch says once they got back to the complainant's apartment, he helped her get in and to her bed and insisted again that she go to the hospital, but she said to leave it alone and check on her in the morning, and he left.

The defence moved on the alleged incident on April 5, 2022, and Birtch says the complainant and himself made plans to hang out around 5 or 6 p.m. that evening. Birtch says the complainant was waiting in an ally behind her apartment and once he was there to pick her up, there was a joke made about the charges that were laid from the first trial he was a part of. He says she got in the car but would not put on her seatbelt, and after a few times telling her to put it on, he ended up putting it on for her. He says that once the shopping was complete, he took her home and just helped get the groceries inside the front door of her apartment. He denied any potential sexual assault during that day.

Next, the defence mentioned about the ex-friend, and Birtch said they first met at an event during his first term as Mayor. Birtch said it was after he got elected for his second term that the friendship became more personal, and more personal information was shared between them. Birtch said there were many types of platforms used to talk and communicate with the ex-friend. He went on to say that the ex-friend made comments regarding Birtch's sex life and how it wasn't "spicy" enough. He then said the audio clips that were heard in court during this trial were sent because he was under the understanding that the ex-friend was going to put them into a fantasy story as a Christmas gift and that it was going to be in the third person and not identify anyone. Birtch said that when he found out the police were going to the ex-friend to get the conversation, it was only from Facebook Messenger as other platforms were used during that particular day, which if gotten would have painted a completely different picture.

The day ended with the defence asking Birtch about the third count on the indictment, which spans from January 1, 2017, until April 5, 2022. Birtch said that during that time frame, he never sexually assaulted the complainant, or never even abused the complainant in any form during that time.

The trial is set to resume on Friday, September 20th at 9:30 a.m.

Day 3 - Friday, September 6th - (Crown continues Examination in Chief of Complainant, Defence Conducts Cross-Examination of Complainant)

The complainant was back on the stand to start the day to finish the examination in chief by the Crown. To start the Crown asked the complainant how many times she could recall being forced to have unwanted sexual intercourse, and she told the court that it was at least once a week.

The complainant was asked about events that come from the third count, which encompasses the time frame of January 2017 until April 5, 2022. She talked about events that happened between 2019 and 2021, including having Birtch put his fingers inside her, which she said was unwanted, as well as an incident involving sex toys while she was sleeping. The complainant says she was sleeping and woke up with her private area feeling sore, and her sex toys on the bed around her. She said when she woke up, she heard Birtch say you must have wanted it; you were moaning in your sleep. She replied to that comment with no I didn't want it, it was biology, when your body is stimulated it is a natural reaction. She said that just because there was moaning, doesn't mean it was consensual.

Up next in the examination in chief, the Crown talked about the alleged attic incident, which would have been at Birtch's Pavey Street address. The complainant mentioned that the ex-friend told her the attic incident took place over three days, but when the complainant first talked to London Police, she said the attic incident didn't happen. She said it didn't happen based on assumptions, which include the fact she would never leave her house without her neighbour knowing, along with the fact she wouldn't leave her cats alone for that length of time. The complainant said she remembers seeing a three-foot door in Birtch's bedroom and asking what it was for. Birtch told her it was for an attic space, and they both went into the space and set it up like a mini bedroom. She also stated that there was substantial drug and alcohol use while at his house, and she woke up in the attic space one time. She said that she doesn't have a memory of the events that the ex-friend told her happened in the attic.

The Crown showed the complainant the transcript of the interview with London Police to help jog her memory of particular dates. After looking at the transcript, the complainant was able to confirm that April 5, 2022, was the final alleged incident of sexual assault. She then went to talk with the London Police on April 14, 2022. The complainant recalled the beginning of that day on April 5th and said Birtch found her at the beer store, and she got into the car as they were going to go for a drive. The complainant said Birtch touched her breasts, which the complainant didn't want to happen. The Crown asked about what happened in the alleged incident, and the complainant said she remembered being too inebriated to do anything sexual that night, but Birtch was all over her. She was lying on the couch and remembered saying to Birtch that she wanted him to get off her as she was too high, and also said to Birtch that she didn't want to have sex.

The day then moved into the beginning of the cross-examination of the complainant from the defence. The cross began with the lawyer asking about the April 5th incident and if the complainant recalled anything about calling Birtch and asking for help to get food, which included going to Tim Horton's, McDonald's and Giant Tiger. The complainant said she didn't recall any of those events.

The defence then pivoted to the alleged incident on August 15, 2021. The defence suggested that there were no drugs or alcohol consumed during the day, which the complainant disagreed with. It was then brought up that it was the complainant who went to the homeless man who was at the site and asked if he wanted some food, again the complainant disagreed with that and stated it was Birtch who went up to the man and ended up moving the picnic table. The defence made the point that Birtch was helping the complainant after the homeless man began hitting her and she again disagreed, saying Birtch didn't help at any point while the homeless man was beating her. The complainant did agree when the defence commented that there was a woman in the background saying she was going to call the police. The defence commented that Birtch did not attempt to put his privates towards the complainant's mouth, which she disagreed with. The last comment made by the defence for the day was that it was the complainant who commented on using Birtch's privates as an alignment tool. The complainant disagreed with that comment, saying it was Birtch who said he had an alignment tool.

That was the end of the cross-examination for the day, and it will continue on Monday morning.

Day 2 - Thursday, September 5th - (The Crown continues Examination in Chief, Defence Conducts Cross-Examination, Crown Starts Examination in Chief of Complainant)

The second day of the trial began with the Crown continuing their examination in chief with Birtch's ex-friend. The ex-friend was asked about the conversation between herself and Birtch on December 18, 2021, and said that Birtch and herself were involved in the conversation. The Crown focused on the audio clips that Birtch sent during the conversation. The ex-friend was asked why at times she would deny phone calls with Birtch, and she stated that at the point she became aware Birtch was "troubled" she thought having written messages or audio would be beneficial.

Up next in the day was the cross-examination of the ex-friend. The cross started with the ex-friend being asked about the relationship they had and when it started. The ex-friend said there was no contact with Birtch until after he was elected as Mayor for his first term in October 2014. She went on to say she would use who Birtch was as a way to help with her outreach programs. The defence went on to ask about when more personal messages were exchanged between Birtch and her, which led to her response that they got more personal after his re-election in October 2018. The defence asked if she ever knew the complainant before and she responded with the answer that she knew of the complainant but didn't know her personally. She also said that they met briefly once as she delivered a gift card to the complainant on behalf of Birtch. Further in the cross-examination, the ex-friend was asked if the complainant ever mentioned incidents from August 2021 or April 2022, and she said she did not recall any specific incident, but there were many conversations regarding different sexual assaults. The defence then went on to question the motive behind the messages between Birtch and the ex-friend, and Birtch's lawyer asked if her motive was to get back at Birtch. She responded by saying no, her reasoning for coming forward with the messages was that she was of concern. She mentioned that she encouraged Birtch to be in relationships but to not hurt the woman he was with. The defence asked why she would have deleted the messages between herself and Birtch, and asked if it was because of the pending trial, and she said no, it was for her mental health. She also stated that it wasn't only the messages with Birtch she deleted, it was anything from traumatic events from the past 15 years.

The day finished with the beginning of the examination in chief of the complainant. It started with her being asked how she knew of Birtch, and she said it was through a job she had. She first met Birtch at their non-denominational church, and the encounters between them were friendly. She stated that she did find Birtch attractive, but they were both married at the time so nothing came of it. She said conversations and meetings were always "surface" level until 2017 between the two. It was at a music event where she saw Birtch again and he was Mayor of Woodstock at that time. She went on to say that every day after the music event Birtch would be over at her house smoking weed, and it was at that time she became romantically attracted to Birtch.

The Crown moved on to the alleged first incident, which was believed to have happened at Turkey Point. The complainant said it started with Birtch picking her up to go for a ride, which would include drug and alcohol consumption. She says once they were at the spot, there was water, trees, and bushes. She mentioned that while she was walking to where they were going to have a picnic she fell over a tree root and broke her ankle. She mentions there was a stranger also in the area sitting at a picnic table, which ended up being moved to the spot where they were going to eat food. Once at the spot, Birtch began cooking hotdogs and she along with Birtch and the stranger began eating. She said while they were eating the stranger began talking in a rather rude manner about many different topics. She said she kept her mouth closed as she didn't want to upset or disturb the unknown man. She says it was a some point the stranger hit her in the face, which caused her to fall off the picnic table onto the ground. She went on to say the next thing she remembered was having a knife to her eye and getting choked out. She said that when the stranger was done, Birtch was in the bushes where the incident took place with his back to the stranger, and she thought that was weird, and thought Birtch must have felt safe enough to not be facing the stranger. She mentioned that she was put into the front passenger seat of Birtch's car and heard Birtch and the stranger talking, calling each other buddy, and Birtch commenting she will probably beat me when we get home. She was asked about the injuries sustained from that incident, and she said her bite was different, and there was blood all over her body. She went on to say that Birtch said he had a jaw aligner and they eventually stopped on the side of the road. It was said that they both got out of the car and went to the grass not too far from the vehicle. It was at that point when Birtch unzipped his pants and began moving his privates toward her mouth. When asked by the Crown if she wanted this act to happen, she said no, and when it did happen she laughed and shrugged it off to get home. She said that the laugh was disdainful and nervous. She said when the tip of his privates touched her lips she quickly pushed him away. She went to Ingersoll Hospital, then left as it was taking too long so she left. She said she went to her family doctor and ultimately had X-rays done at Woodstock Hospital.

Next, the complainant was asked about what took place between 2017 and the first alleged incident. She said in 2017 things were "normal" and comments were made about how much he loved her and wanted to marry her. She said that she broke things off at a time in 2017 due to Birtch still being married. There was a break in the relationship from a time in 2017 to 2019. She said that a traumatic life event took place, which caused her to reach out to Birtch. She stated rekindling the relationship with Birtch in 2019 was different than in 2017. She said she was told by Birtch to write down on a piece of paper Trevor loves you, and will help you. 

Other incidents were brought up in the examination, and there were no specific dates but were in the time frame of the global account from January 2017 to April 2022, which is the third count on the indictment. The first incident was said to have taken place in the morning hours after Birtch slept over at the complainant's house. She woke up to Birtch being inside of her, she woke up with her knees to her chest, and she remembered that her head was to the right side and looking through the wall. There was no conversation asking if she wanted to have sex, and she never consented to having sex.

The second incident happened only 1 or 2 months after the first. He was changing locks in her kitchen and there was a conversation about her not being grateful. He made a point of having his father’s ring, which he called his power ring, and with his hands, he pushed her head down forcing her onto her knees. Her mindset was to comply or she was going to get hurt, and she said she didn’t want to partake in any sexual acts. He did not ask if it was okay for her to give a sexual act. She ended up giving him a sexual act and said if she didn’t comply she felt like she might lose her home or get hurt. She said there was a struggle to get her to the point of getting into the position of giving a sexual act and she felt forced that she had to do it.

The last incident talked about in the examination today happened within months of the first incident as well. She said it was between morning and late afternoon. She mentioned he followed her into the washroom, and he was in the washroom while she was going to the washroom. She said she would be his friend, but didn’t want the sexual acts, she wanted to be nice and didn’t want to upset the wrong person. In the testimony, she said that Birtch said if you want my help you will have to do this. It was then mentioned that Birtch wrapped his arms around her and took her to the bedroom. She went on to say she ended up on the bed but didn't recall the position she was in. She just knew that sexual intercourse was happening. She said she didn’t want to have sex, but there was no other conversation besides the previous one about wanting to be friends without sex before the alleged incident took place.

That is where the day stopped and the examination in chief will continue tomorrow.

Day 1 - Tuesday, September 3rd - (Two Crown Witnesses Testify)

Day one started with the Crown wanting to ensure an audio clip could be introduced as evidence. The judge took his time to decide and decided the clip in question would have to be edited to protect the complainant.

Once that decision was made, the Crown called a Digital Forensics Expert with the London Police Service to the stand. She told the court that she was directed via email to get certain conversation information between Trevor Birtch and a now former friend of his in July 2023. She responded to the email on July 4, 2023, and eventually went to the ex-friend's residence in Woodstock on July 6, 2023.

She mentioned that she arrived at 9:48 a.m. that day and she was given a Samsung smartphone by the ex-friend. Access to the phone was a problem as the ex-friend didn't remember her PIN for entry into the phone. At that time, she asked if the ex-friend had a laptop that they would be able to use to gain access to Facebook. The laptop was used, and she helped the ex-friend in conducting a general Facebook download. Once the download was complete, she then copied the message folder that contained the conversation between Birtch and the ex-friend from the time frame of December 18, 2021, to July 6, 2023. She was asked during the examination if she altered any of the information that was downloaded, and she stated that she didn't. 

Audio clips were played during the examination, at first to confirm the voice belonged to Trevor Birtch. The defence had no objection and confirmed that it was Birtch's voice in those clips. One of the clips played had Birtch saying graphic details about having someone tied up in his attic and doing very crude acts. Another clip that was played mentioned the complainant from the first trial, while another clip stated that Birtch's son heard screaming from upstairs, but when he went to his dad's room there was nobody there. The final clip that was played had Birtch talking about the many videos he had of what he called the "attic torture".

Up next, the Crown called the ex-friend to the stand, who got to know Birtch after he won his first term as the Mayor of Woodstock. The ex-friend stated she would have conversations with Birtch over Facebook Messenger, text messages, audio messages, and over the phone. She also mentioned that they would see each other in person about two or three times a month for community-related events. She was involved in outreach efforts in the community and she believed her friendship with the Mayor was mutually beneficial in the beginning.

The ex-friend said they would share personal information during their conversations, but their friendship ended in December 2021. Receiving audio messages about the "attic torture" was the last straw for her. She shared the audio with her husband and with a friend of hers who was part of the first trial against Birtch back in May this year. She stated that Birtch would often call the complainant in the current trial the "troubled one" whenever he would talk about her.

The ex-friend's testimony continued with her saying the messages stayed on her phone until after the police came to download them for the investigation, adding that she kept the messages because she was paranoid. She also said she was concerned about Birtch's son after hearing the audio messages but decided to leave it with the police instead of calling the Children's Aid Society.

She decided to send a long message to Birtch stating that whatever "demons" he was dealing with needed to be figured out. The message also said that she cared about and for him, but with the nature of the audio messages it was best to not talk anymore.

The defence will begin their cross-examination of the ex-friend when the trial continues on Thursday.