Hart asked to ditch lawyer mid-trial

Nelson Hart appealed to a Newfoundland Supreme Court judge for a new lawyer in the middle of the trial that led to his murder conviction, CBC News has learned.

CBC has obtained a copy of a closed court session in which Hart who refused to testify in his own defence told Justice Wayne Dymond that he did not think he was getting a fair trial.

During the session, Hart also questioned the abilities of Derek Hogan, the legal aid lawyer who represented Hart at trial.

A jury last week convicted Hart of two counts of first-degree murder in the 2002 drowning deaths of his twin daughters, Karen and Krista Hart.

Before the trial started, Hart had appealed to hire the lawyer of his choice through public funds.Hart lost the appeal, and was told to work with the Legal Aid Commission or to represent himself.

"I [wish] there was some way I could have got a paid counsel. I think I would have had a better chance," Hart told CBC News on Friday during an interview at Her Majesty's Penitentiary in St. John's.

Warned of mistrial

At the hearing, which happened about halfway through the month-long trial, Hart told Dymond that one of his concerns included a letter that Hogan had written to him, warning that there could be a mistrial if Hart did not testify.

Hogan told the jury in his opening statements that Hart would give his own account of what happened on Aug. 4, 2002, when his three-year-old daughters drowned at Gander Lake.

Hart, however, decided not to testify.

Dymond told Hart that Hogan is a competent lawyer with significant experience, and that Hart should listen to Hogan's advice.

Dymond also told Hart at the hearing that he had seen nothing to indicate that Hart was not getting a fair trial.

Hogan said he was legally obliged to tell Hart in writing about the possibility of a mistrial. In the end, the Crown which presented a covertly videotaped confession of Hart confessing to the crimes did not ask for a mistrial when Hogan closed his case without calling Hart to the stand.

Hart turned down judge's offer on testimony

On the day of closing arguments, Hart made a last-minute appeal to testify, but only if the public galleries were cleared. Hart said the stress of testifying in open court could trigger an epileptic seizure, similar to the one he says he had when the girls drowned.

Dymond said he was concerned about the jury being told about the possibility of an epileptic seizure, and told Hart he must testify with the public, including journalists, present.

He offered Hart the opportunity to testify behind a screen. Hart refused.

In a subsequent interview with CBC News, Hart said he was not "downing" Hogan with his criticism.

Hogan declined an interview with CBC News, saying he did not want to engage in a war of words with his client. He said, though, that he had begged Hart to testify at trial.

Hogan said last week he is preparing an appeal on Hart's behalf, with a focus on the undercover sting that the RCMP had constructed against Hart.

Hart was led to believe during a four-month period in 2005 that he was working with a large criminal gang. He was paid about $15,000 in cash for various tasks, including delivering what he thought were stolen goods.

In fact, Hart was doing nothing illegal, and all of the apparent gang members he encountered were undercover officers.

The operation led to a meeting in a Montreal hotel room, in which Hart told an officer he believedto bea crime boss that he had planned and carried out the murders of his daughters.

Later, he showed another officer at Gander Lake how he pushed the girls into the lake.

Hart maintains that inconsistencies in what he insists were lies were not highlighted to the jury.

After the jury rendered its verdict, Dymond gave Hart an automatic life sentence without an opportunity for parole within 25 years.