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Feb 2, 2021 10:36 PM -
A man convicted of second-degree murder and interfering with a body in the death of a Japanese student in Vancouver will receive a new trial.
The British Columbia Court of Appeal ruled in a split decision Tuesday to allow an appeal filed by William Schneider, who was convicted of killing 30 year old Natsumi Kogawa.
Schneider pleaded guilty to interfering with her body, admitting that he disposed of her remains in the city's West End in 2016, but denying that he killed her.
He was convicted on both counts following a jury trial and filed an appeal, arguing the judge erred in admitting an overheard telephone conversation as evidence.
Two of three Appeal Court judges agreed that the phone call overheard by Schneider's brother should not have been admitted and ordered a new trial for the man.
The brother testified he heard Schneider say, "I did it," or "I killed her," but didn't hear the other side of the conversation and didn't know if he'd been asked an unrelated question.
The call was between Schneider and his wife, who could not be compelled to testify because she lives in Japan.
Justice Richard Goepel wrote that without the context for Schneider's alleged statements, the jury could not reasonably determine the meaning of the words.
"I am of the view that no properly instructed jury could conclude that the overheard fragment was an admission. Accordingly, it is not relevant and should not have been put before the jury," Goepel wrote, with Justice Mary Saunders concurring.
