By Files from Josh Hoffman - Pattison Broadcasting - Cranbrook

Former Bountiful midwife cross-examined in child removal trial

Nov 24, 2016 | 4:33 PM

CRANBROOK, B.C. –  Opening statements began in a Cranbrook courtroom on Wednesday (Nov 23), in the trial of three members of a polygamist sect near Creston.

James Oler, Brandon Blackmore and Gail Blackmore all face one count of removing a child under 16 from Canada with the intent of facilitating an act of sexual interference or invitation to sexual touching.

The charges are linked to two incidents in 2004 and all three accused have connections to the small community of Bountiful, B.C.

Day one of the hearing was held Tuesday and discussed the schedule of the estimated 14 day trial and what evidence may be used from a voir dire pretrial.

However, Oler and Gail Blackmore, who are representing themselves, had not yet consented to the evidence being rolled over into the proper trial.  The accused were contemplating what evidence they may contest before the trial was set to resume the next morning.

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On Wednesday, the Crown gave their opening statements and heard from a former wife of Winston Blackmore in the trial of the polygamists.

Jane Blackmore was married to the fundamentalist group leader in 1975 and worked as a midwife in the community.

She was asked to share her experience as part of the sect.

Miss Blackmore talked about what her education was like growing up in Bountiful and how youth were taught from a young age about the importance of plural marriages.

She also told stories of how she had to get her Priesthood’s permission to follow doctor’s orders.

She said as a midwife she attended to 50 births a year.

The Defense asked what relevance this had to what Blackmore and Oler have been charged with.

The Crown says that through the trial they plan to provide background information on the practices of the Fundamentalist Church of Jesus Christ of Latter Day Saints (FLDS) and what is expected of young women.

The two sides did debate back and forth for about 20 minutes as the Defense was concerned the witness wasn’t an expert and what she would be saying was hearsay.

On Thursday, a defense lawyer went through 300 logged births by the former Bountiful midwife. Jane Blackmore had told the courtroom the day before that she helped women as young as 15 give birth.

However, when the defense went through Blackmore’s documents, one name after another, he highlighted that the youngest of the 302 names were four 16 year olds.

The prosecutor was trying to prove that women must be obedient in the polygamous community and prove the three accused intended to commit the offences they are charged with.

The court will have to wait longer to find out when they will see evidence being carried over from the voir dire pretrial.

Oler and Gail Blackmore, who are both representing themselves, have taken no position on whether the evidence can be rolled over.

The matter returns to court on Monday.

The trial is expected to last to the end of next week and a maximum of eight witnesses could be called. They could include RCMP investigators, members of the Blackmore family and Rachel Jeffs, the daughter of Warren Jeff who is the former President of the FLDS and a convicted felon currently serving a life sentence of 20 plus year in the U.S.