ST. JOHN'S, N.L. — Among the people expected to testify at the trial of Philip Charles Butler in St. John's over the next two weeks are four police officers, two paramedics, the medical examiner and a longtime friend of Butler's who visited his home the night before he was charged with murder, taking what she thought was a funny photo of Butler and his brother asleep on the floor.
Butler's brother, 43-year-old George Allan Butler, was in fact dead.
Also expected to take the stand will be Jonathan Butler, the third brother.
"He received a call from Philip that morning and Philip had disclosed to Jonathan that he had killed George," prosecutor Scott Hurley told the 12 jurors during his opening submissions at the murder trial Monday afternoon. "He explained the circumstances around the way that took place and some explanations as to what happened. Once Philip left after talking with Jonathan, Jonathan phoned the police."
Philip Butler, 38, has pleaded not guilty to second-degree murder, and his trial got underway in Newfoundland and Labrador Supreme Court Monday, though most of the day was spent on the jury selection process.
Once the 12 jurors had been selected, Justice Valerie Marshall chose to deliver her initial instructions to them, hear the Crown's opening argument and swear in the first witness — RNC Sgt. Cynthia Crocker — before dismissing the courtroom full of people who had been summoned but not chosen for jury duty.
Marshall instructed the jurors to pay attention to evidence presented in court only — and not news reports or social media postings — and to keep an open mind.
"Make your decision without prejudice, bias, sympathy or fear," Marshall said, reminding the jury Butler is presumed innocent and "starts the trial with a clean slate."
It's up to Hurley and fellow prosecutor Alana Dwyer to prove Butler caused his brother George's death, that he did it unlawfully and that he had a state of mind for murder.
Hurley said he and Dwyer plan to build their case against Butler with the help of 13 witnesses. Forensic pathologist Dr. Simon Avis will testify George Butler's cause of death was asphyxiation by choking, Hurley said.
"He'll also give some evidence, I suspect, about the amount of force required for one human being to choke another one to death and what's involved in that. He may answer some other questions with respect to drug use and the effects that may have," Hurley told the jury.
Defence lawyers Tim O'Brien and Karen Rehner chose not to deliver any opening remarks.
Taking the witness stand just 15 minutes before court adjourned for the day, Crocker said she had been a member of the RNC's forensic identification unit at the time of George's death on May 21, 2018.
Police had received a report of a possible homicide and Crocker said there was conflicting information about whether or not the victim had been alive when he had initially been found.
She was later told he had been dead "for a period of time," she told the court.
Crocker said she and another forensic ID officer went to Butler's Conception Bay South home, but were subsequently told to return to RNC headquarters to await a warrant to reach the house.
Crocker said she photographed Butler at police headquarters, where he was being held at that point.
A stack of black binders held copies of Crocker's photographs for each of the jurors, and she will present them when she continues her testimony Tuesday.
Butler, dressed in a three-piece suit, sat in the prisoner’s box throughout the jury selection and beginning of his trial. He is not in custody, having been granted bail on a review application after originally being denied release.
Twitter: @tara_bradbury
