Five players from Canada’s 2018 World Junior hockey team are awaiting the outcome of their highly publicized sexual assault trial, which will take several weeks to conclude.
Michael McLeod, Alex Formenton, Carter Hart, Dillon Dube, and Callan Foote have been on trial since late April in a London, Ontario courtroom, facing accusations of non-consensual group sex with a 20-year-old woman in June 2018.
All five defendants pleaded not guilty to the charges of sexual assault when the trial commenced on April 22; McLeod also entered a not guilty plea to an additional charge of being involved in the commission of sexual assault.
The trial concluded on Friday, and Justice Maria Carroccia of the Superior Court will call everyone back in July to announce her decision.
Here’s a summary of the key developments over the eight weeks of the trial.
Trial faced two jury dismissals and extensive questioning of the complainant
The trial started as a jury trial, but a few days in, a mistrial was declared due to concerns about a compromised jury after a juror accused Hillary Dudding, one of Formenton’s attorneys, of having a casual conversation while waiting for lunch.
Dudding denied the allegation, stating that any interaction with the juror was unintentional.
The trial resumed the following week with a new jury. They reviewed videos involving the complainant, identified as E.M., which were recorded by McLeod. They also heard from Taylor Raddysh, a former teammate, who presented a screenshot from a group chat featuring a cryptic message from McLeod, as well as testimony from E.M. herself.
The now 27-year-old woman, whose name is protected by a publication ban, faced rigorous cross-examination over her nine days on the witness stand.
Testimony indicated that the team was in London to celebrate their gold-medal victory from that year’s championship, and that the complainant met the players while out with friends at a downtown bar on June 18, 2018.
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After spending time at the bar with McLeod and his teammates, E.M. engaged in consensual sex with McLeod in his room in the early hours of June 19. During her testimony, E.M. mentioned that she was intoxicated and not in a clear state of mind. After the encounter, she went to the washroom and came out to find several men in the room who were allegedly invited by McLeod through a group chat.
The Crown contends that multiple sexual acts occurred without E.M.’s consent during this time.
Defense attorneys suggested that E.M. may not have been as intoxicated as she claimed, insinuating that she desired a “wild night” with the players and was encouraging them to engage in sexual activity with her. They also accused her of having a “specific agenda” during the trial.
E.M. rebutted these assertions, firmly stating that she was persuaded to remain in the room and was disrespected and exploited by the group.
She mentioned that someone “could see I was out of my mind.”
After E.M. completed her testimony, her former teammate Tyler Steenbergen took the stand as a witness for the Crown, but his testimony was stopped just two days later.
The court received a note from a juror saying they felt that Formenton’s lawyers, Dudding and Dan Brown, appeared to “turn to each other and laugh as if they are discussing our presence” when the jury was entering.
Carroccia expressed worry that this could influence some jurors’ ability to objectively assess the case and might discourage the defense lawyers. Brown and Dudding described the juror’s note as an “unfortunate misinterpretation,” arguing that it’s illogical to think legal counsel would mock a juror, which goes against their role.
Ultimately, Carroccia dismissed that jury, and the trial proceeded with just a judge.
Only 1 accused would testify, Crown witness scrutinized
Eventually, the court heard from police officers who were part of the original case in 2018 and the renewed case in 2022, along with other team members from that year.
Vegas Golden Knights player Brett Howden faced intense questioning during his testimony, breaking down in tears at one point.
He became emotional as he recounted feeling anxious after learning Hockey Canada was investigating the incident, realizing he would need to explain everything to his parents and girlfriend, who is now his wife.
The Crown accused Howden of pretending to forget details that could be harmful to his friends, but Carroccia ruled this assumption was unfounded, and he was questioned during a voir dire about a text conversation the Crown wanted to use as evidence due to his memory loss.
The Crown labeled that conversation as “critical,” but Carroccia twice decided against admitting it as evidence.
Only Hart would testify, while the other players’ lawyers referenced evidence and police interviews that had already been presented as reasons for their clients not testifying.
Hart stated that E.M. had asked the players for sexual favors. He opted for oral sex, preferring not to participate in intercourse. He described the act as “consensual” but brief, characterizing it as “weird.”
During cross-examination, Hart concurred with Crown prosecutor Meaghan Cunningham that he had “put a lot of trust in your friend, Mr. McLeod, to arrange something that was morally acceptable to you.”
In closing arguments, defense attorneys termed the trial “historic” and consistently challenged E.M.’s credibility, contending that she “fabricated a story” out of regret and shame, asserting her “communication of consent is overwhelmingly clear” throughout the night.
Conversely, the Crown urged the judge to find the men guilty. Cunningham maintained that the men were “reckless” for engaging in group sex with E.M. without explicit confirmation of her consent.
Cunningham argued that E.M. was a reliable witness, noting her fair demeanor during the trial, her clarity, and her lack of resentment. She suggested that many of the defense’s points about E.M.’s behavior were based on assumptions about how someone in her position would act.
The court will reconvene on July 24, when Carroccia will provide her ruling.
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