Hours after filing notice to appeal with the Alberta Court of Appeal, lawyers for Travis Vader sent a letter on Friday to Justice Denny Thomas, asking Thomas to declare a mistrial and set aside Vader's convictions for second-degree murder. Vader was charged with two counts of first-degree murder in the July, 2010 deaths of Lyle and Marie McCann. A section of the Criminal Code that Thomas used to convict Vader was declared unconstitutional in 1990. The Crown and defence lawyers have already agreed to meet again Oct. 3 to set a date for sentencing. Vader's lawyer, Brian Beresh, is asking Thomas to consider the application for a mistrial on that date.

Source: CBC News September 16, 2016 21:22 UTC