E.M. says she’s ‘saying my truth’ as defence continues cross-examination

Content advisory: This article includes graphic details of alleged sexual assault

London, Ont. –  A lawyer representing Carter Hart suggested to the complainant in the sexual assault trial of five former members of Canada’s 2018 world junior team Thursday that she was not truthful with the jury when she testified earlier this week that players in Michael McLeod’s hotel room told one another not to let her leave during the alleged incident because she was crying, and physically guided her back into the room.

“I want to ask you about crying,” defence lawyer Megan Savard said Thursday morning to E.M., whose identity is protected by a publication ban. “You said on Monday that when you were in the room you were crying and the players noticed.”

Hart, McLeod, Alex Formenton, Dillon Dube, and Callan Foote are charged with sexual assaulting E.M. in a London hotel room in the early hours of June 19, 2018.

The Crown has alleged that after E.M. went to McLeod’s hotel room following a night of dancing at a downtown London bar, McLeod sent a group text message to his teammates inviting them to his hotel room where E.M. was repeatedly sexually assaulted. McLeod faces a second charge of being a party to the offence. All of the players have pleaded not guilty.

Savard spent much of her time on Thursday cross-examining E.M. about her alleged attempts to leave McLeod’s hotel room.

E.M. has testified this week that, as she was crying while trying repeatedly to leave the room, she heard at least one player say, “Oh she's crying, don't let her go.” E.M. also testified that a player put his hand around her shoulder and guided her back to the room as she tried to leave.

Savard asked E.M. about her first interview with London police sergeant Steven Newton on June 22, 2018, three days after the alleged incident.

E.M. told Newton in that interview that players coaxed her to remain with them in the hotel room in the early morning hours of June 19, 2018. She did not tell Newton at that time that players spoke with one another about preventing her exit.

E.M. testified that Newton asked her in 2018, “Did they do anything [to make you stay]?”

E.M. testified that she told Newton that the men in the room said, “Come on, like, don’t leave.”

Savard said to E.M. that the words “She’s crying, don’t let her leave” carry far more “criminal” and “severe implications” than her original statement to Newton.

“I stand by it,” E.M. said. “I'm trying to get my words out. It doesn't change the severity of what it means. They didn’t want me to leave and they made sure I didn’t by convincing me and walking me back to the bedsheet.”

E.M. acknowledged that her 2018 statement to police was incomplete.

“I’m sorry, being 20 and having just gone through that, it didn’t cross my mind to give them every word that I remember." E.M. testified. “I am saying my truth, my story, and how I recall it going. I’m not trying to make it sound worse than it was. I still feel like they [the jury] could read word for word how I said it in the [2018 police] statement and it would still sound just as bad. I have no reason to come up with a worse version of it.”

Savard suggested to E.M. that the first time she had ever said that a man had said, “Don’t let her leave, she’s crying,” was on Monday when she was being cross-examined by David Humphrey, McLeod’s lawyer.

E.M. testified that she told Newton in 2018 that the men in the hotel room would have seen her crying. She testified that she only answered the questions Newton asked her and he never asked what players were saying to one another in the hotel room.

“When did you realize in the last seven years that they said, ‘She’s crying, don’t let her leave’?” Savard asked. “I’m going to suggest to you that on a number of occasions, including this one, you take a little nugget, something that did happen, you twist the words just a little bit, and you make it sound like something way worse and possibly criminal.”

“I've gotten older, I've matured.” E.M. said. “I can explain myself a little better I feel like.”

E.M. testified that while she went to the hospital on June 22, three days after the incident, she told nurses that she believed she may have been drugged by the men in McLeod’s hotel room.

While she did agree to some blood and urine tests, E.M. testified she declined an offer of a urine toxicology exam because nurses told her that more than 72 hours had passed after the alleged incident and any drugs she had consumed would no longer be detected in her urine.

After Savard finished her cross-examination of E.M., Daniel Brown, Alex Formenton’s attorney, began his questioning.

“It’s easier to deny your deliberate choices, the choices you made on June 18 and 19, than it is to acknowledge the shame, guilt and embarrassment you felt about your choices,” Brown said to E.M.

“I’m not sure if I agree with you,” E.M. answered. “I have a lot of blame on myself. I also do believe that other people should be held accountable as well for their actions that night.”

Brown challenged E.M. about the choices she made on June 18 and 19, asking whether “sober [E.M.]” would have made different decisions than those made by “fun [E.M.].”

“Would sober [E.M.] run off to the hotel with a near stranger without telling anyone where she was going? Is that something sober [E.M.] does?" Brown asked.

“No,” E.M. responded.

While E.M. told Brown that she did not like him referring to her as “sober [E.M.]” and “fun [E.M.]” the lawyer continued using the reference as he continued his cross-examination.

“Who’s to blame for sober [E.M.] to become fun [E.M.], in your mind? Who do you blame for that? Is that [E.M.], or is it Mr. McLeod, or Mr. Formenton, or Mr. Hart? Whose fault is that?” Brown asked.

“I chose to drink, but I should be allowed to drink without what happened to me happening.” E.M. responded.