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New Walker trial begins

The second trial of Kim Walker, the Yorkton man convicted in 2007 of the second-degree murder of James Hayward, began on Monday.
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Lorrie Getty, the mother of murder victim James Hayward, speaks to media following jury selection at the new murder trial of Kim Walker.


The second trial of Kim Walker, the Yorkton man convicted in 2007 of the second-degree murder of James Hayward, began on Monday.

The bulk of the trial's first day was spent selecting a jury from 500 potential members summoned to the Gallagher Centre that morning. The proceedings later moved to the Court of Queen's Bench for opening statements by the judge and Crown Prosecutor.

Walker was granted a new trial last summer when an Appeal panel found that the judge in his original trial had met with Crown and defense lawyers without Walker present: a "fatal error" serious enough to require a fresh start.

James Hayward, 24, was the boyfriend and alleged drug dealer of Walker's daughter Jadah, who was 15 in 2003 at the time of the murder.

Walker, clean-shaven and dressed in a suit, entered a plea of "Not Guilty" at the start of the proceedings.

The case stirs up strong feelings in Yorkton: something defense attorney Balfour Der acknowledged added to the challenge of finding unbiased jurors able to commit to the expected three-week duration of the trial.

After four hours, he and Crown Prosecutor Robin Ritter had worked through the massive lineups and chosen a final jury of seven men and five women.

"I'm quite happy with the mixture we have on the jury," Der told the media. "It just seems we have a cross-section of citizens from this area, which is probably the perfect jury to have."

Despite the case's notoriety in Walker's hometown, neither side applied for a change in venue.

"We were quite happy to have the trial here in Yorkton," said Der.

Lorrie Getty, the victim's mother, said it was difficult going through the trial once and almost unbearable now to go through it again.

"But I made a bunch of promises that this time we're going to do it right. We're going to make sure that everyone knows everything. And I'm going to stand up, and I'm going to be brave."

Getty, who called Hayward "a wonderful son," said she wants to speak out this time about her son's true character - something she said hasn't been portrayed in the media.

"I was a typical mom, and he was a typical son, and sometimes we didn't see eye to eye," she said through tears. "He sold marijuana, and I was ashamed of that. And that's something I have to live with, that even once I was ashamed. Because I'm not ashamed anymore. I'm ready to tell everyone everything."
Getty was clear on the outcome she wants from the trial.

"I want to see Walker go back to jail. That's where he belongs. I want him to wake up every day and wonder what life would be like if he hadn't murdered James, because that's what I have to do every day."

Walker has been free on bail since July.

Balfour Der wouldn't speak on the defense strategy he plans to employ for the case, saying only that "a number of defenses" would be put forward to address the numerous legal issues involved.

"It's a difficult case in terms of the law, and it's also a difficult case in terms of all of the emotion and the human aspect of it, which weighs on everybody involved in the case."

Der said that Walker has "mixed emotions at this point in time" between his desire to get the trial over with and his sympathy for Hayward's family and his own family.

"There's a lot riding on it."

Der said Walker is optimistic that he will be acquitted.

Jadah Walker, who has been publicly supportive of her father, is being called as a witness for the Crown. She did not testify at the previous trial.

It is currently uncertain whether Walker will speak in his own defense.

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