Travis Vader defence says other suspects will be named during trial

The day Lyle and Marie McCann were last seen alive, acellphone theycarried for emergencies was used to make seven calls and send two text messages.

All went to a woman named Amber Williams, who was TravisVader's ex-girlfriend.

Those details emerged in Edmonton Court of Queen's Bench on Tuesday morning asVader's first-degree murder trial got underway.

As the trial opened, the prosecution for the first timelisted key pieces of evidence it said were gathered by hundreds ofRCMPofficers who investigated the deaths of theMcCanns.

Crown prosecutor James Stewart saidthe elderly couple's SUV was found on July16, 2010, almost two weeksafter they were last seen alive.

Inside the SUV, police found canned goods the couple hadpurchased fortheir trip to B.C. Those canswere spattered with MarieMcCann's blood.

Lyle McCann's hat was found inside the SUV, with his blood on it. Stewart saidVader's DNA was found on the hat, and hisDNA and a fingerprint were found on a can of beer in the front-seat console of the SUV. He said Vader's blood was also found on the centre armrest and on the front passenger seat andsteering wheel.

LyleMcCannwas78 and his wifewas a year younger.Whenever theSt. Albert coupletravelled, they carried acellphoneforemergencies.

Records showed thatcellphonewas used four hours and 11 minutes after the couple was spotted on video leaving the St. Albert Superstore on July 3, 2010.

Stewart said seven calls were made in a span of just under five minutes, followed by two text messages, all to Williams.

The Crown saidVader, 44,and Williams, both crystal meth addicts, brokeupinJune 2010,butVaderpersistently tried to win her backwithphone calls, text messages and onFacebook.

Williams is expected to testify thatVaderused theMcCanns'cellphoneto try to contact her.

The Crown also hinted about another key witness namedDave Olsen.

Stewart said Olsen will testify that he sawVadertwicein Peers,Alta.,on the day the McCanns disappeared.

"The first time he was driving a stolen pickup truck and had no money," Stewart said. "A few hours later, he was driving a green Hyundai SUV and had money."

Even before opening arguments in the judge-alone trial began, Bereshsuggested that hair found at the scene could show "who could be the actual suspect in this case."

Beresh told the judge that RCMPinvestigators had "tunnel vision" and ignoredDNA evidence that didn'tmatch his client.

"Travis Vader has waited many years for the opportunity to clear his name and to finally lift the cloak of suspicion," Beresh said.

He attacked the RCMP and their handling of the case, calling the investigation "inept." He said police were under pressure to solve the case quickly, and focused on the wrong person without considering other suspects.

"The names of those suspects will be revealed at this trial," he said.

Beresh said the defence will argue that "Mr. Vader became publicly the number 1 villain.Unfortunately, the authorities picked the wrong villain."

Bereshsaid he plans to call a number of experts to testify in the areas of blood spatter, DNA, hair analysis and fingerprints.

It has been more than four years since Vader was charged with murdering the McCanns.

Ina January decision on an abuse of process application made by the defence, Justice Denny Thomas wrote: "Mr. Vader's long and interrupted march to the courtroom is troubling.

"For years the alleged murders have cast a shadow over Mr. Vader's life," Thomas wrote, "but that shadow will only lift if Mr. Vader has the opportunity to answer and respond to the allegations against him at a trial."

Vader's lawyer said his client believes he can get justice, and was eager for the trial to begin.

"The trial's put off, then it's back on, then there's the attempt at the stay," Beresh said. "You can appreciate that that's very trying."

The McCann family has also been waiting for some sense of closure.

Bret McCann, son of the dead couple, called it a marathon and said he's glad the finish line may be in sight.

"We are keenly looking forward to finding out what happened to my parents," he told reporters in January.

University of Alberta law professor Steven Penney said one of the challenges the prosecution will face is proving the McCanns are dead.

"That is not something that is insurmountable from the prosecution's perspective," he said. "But it does present them with a hurdle. Because they're going to actually have to prove beyond a reasonable doubt that these two individuals are actually dead."

The trial is taking a one day break before testimony resumes on Thursday.

janice.johnston@cbc.ca

@cbcjanjohnston

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