Travis Vader sees himself as a victim: Wrongly accused, wrongfully convicted and mistreated by RCMP, the Crown and Edmonton Remand Centre staff.
Vader will take the stand Tuesday at his sentencing hearing in an attempt to convince the judge his constitutional rights have been violated while in custody.
His lawyer, Nate Whitling, told CBC News the goal is to reduce Vader’s sentence or to convince the judge to impose a stay of proceedings.
The defence will seek a prison term of four to six years, while the prosecution will ask for a life sentence.
Vader was convicted in October of two counts of manslaughter in the July 2010 deaths of Lyle and Marie McCann. Their bodies have never been found.
Wrongful-prosecution lawsuit
In April 2014, Vader filed a $1-million wrongful-prosecution lawsuit against more than four dozen RCMP officers, Crown prosecutors and jail guards.
The 16-page statement of claim contains many allegations that likely foreshadow what the court is about to hear during Vader’s testimony this week.
Vader complained he was held in a cell at the Edmonton Remand Centre known as the “asshole tank,” which was “frequently used to confine problematic inmates,” and was “generally contaminated with body fluids including blood, saliva and urine.”
The convicted killer also complained about being transported by sheriffs in unpadded “cage vans” with no seatbelts and no grab handles, where “sudden movements would often cause inmates to collide with one another or be thrown around inside the cage.”
Vader complained he was often locked in his cell for 23 hours a day and was subjected to attacks from other inmates who, he said, hurled human waste into his cell. Vader also accused Edmonton Remand Centre staff of verbal and physical abuse.
‘Inherent human dignity’
The lawsuit claims Vader’s constitutional rights including, “the protection of his inherent human dignity, the right to privacy and the freedom from interference with fundamental personal choices,” had been violated.
When Vader stepped into the prisoner’s box on Monday, his right hand and lower arm was bandaged and he wore a splint on two of his fingers.
Whitling refused to comment on the injury or how it was caused.
Vader will be cross-examined. But the prosecution will only be allowed to ask questions on the narrow issue of Vader’s constitutional rights while in custody.
The Crown is seeking two life sentences, to be served concurrently.