Judge rules confiscated weapons admissible in decapitation trial

FREDERICTON, New Brunswick – A New Brunswick judge has ruled that clothing and weapons confiscated in the United States from accused killer Gregory Despres can be admitted as evidence in his trial.

Despres, 24, is on trial for the murders of his neighbors Fred Fulton, 74, and Verna Decarie, 70, in Minto, New Brunswick, in April 2005. Their butchered bodies were found in their home. Fulton had been decapitated.

Brass knuckles, a sword, a hatchet, and various pieces of clothing were seized by police and customs officers when Despres crossed into Calais, Maine, from the eastern Canadian province.

The defense argued Despres was subjected to illegal search and seizure, but Judge Judy Clendenning said American law applies, not the Charter of Rights, because U.S. customs officials were not acting as agents of the Royal Canadian Mounted Police.

The judge said the seizure of the items has no impact on the fairness of the trial, which is expected to last until the end of the month.

Despres, who has dual Canadian and U.S. citizenship, described himself as a Marine sniper and an assassin with 700 kills to his credit when he arrived at the border crossing at Calais the day before his arrest.

Despite his odd behavior, border officials allowed Despres to enter the United States because he was carrying a valid U.S. passport.

Despres was arrested by four police officers in Mattapoisett, Mass., on the night of April 26, 2005, after they received police bulletins to be on the lookout for him in connection with a double murder in Canada, according to their testimony.

Despres told the Mattapoisett officers that he knew he was wanted for murder, but said it was in Russia, not Canada.

Despres is being tried before a judge alone.