Jury finds Halifax man not guilty of murder in retrial that saw key witness recant
A jury has found a Halifax man not guilty of murdering a pizza delivery worker in a retrial that saw two key witnesses testify they lied when the accused faced his first trial in 2018.
Randy Riley nodded and smiled to his family and friends Thursday as they gasped and hugged one another upon hearing he'd been acquitted in the killing of Chad Smith, who died from a single shotgun blast on Oct. 23, 2010. Riley was also found not guilty on a charge of illegally possessing a firearm.
For Riley, it has been a long journey to gain his freedom. He was released on bail in March 2021 as he awaited his second trial, after being incarcerated seven years and eight months following his 2013 arrest.
Riley was originally convicted of second-degree murder in 2018, but the Supreme Court of Canada ordered a new trial in 2020 after a series of appeals. The country's highest court found the trial judge erred in cautioning the jurors against considering the sworn testimony of a witness, Nathan Johnson, who said Riley wasn't involved in the killing.
Johnson was convicted in a separate trial in 2015 of first-degree murder in the case, but the Crown had persisted in pursuing a theory in this trial that it was Riley who carried out the shooting.
The current trial heard evidence that Johnson and Riley were together that night and being driven by Riley's close friend, Paul Smith -- who was not related to the victim.
However, the judge cautioned jurors against drawing on Smith's 2018 testimony, emphasizing that in the current trial he had told the court a "large part" of his original testimony was false.
Smith had testified in 2018 that Riley told him that he had been in an earlier fight with the victim, that he knew the victim worked at a pizzeria and that "he was just going to deal with it."
In this trial, Smith testified none of those statements were true. He also recanted his 2018 testimony that on the night of the killing he had seen Riley with a long object in his pants, which prosecutors argued was a gun.
The prosecution argued in its closing statement Tuesday that some of the 2018 testimony from Smith could still be interpreted as "pieces of a puzzle," especially when supported by cellphone records that confirmed the location of some events in Smith's original story.
However, the jury took just four hours of deliberations to reject this theory and accept defence lawyer Trevor McGuigan's argument that they could not rely on the recanted evidence from 2018.
McGuigan had also emphasized to jurors that another Crown witness, Kaitlin Fuller, wasn't telling the truth about Riley in the current trial when she testified that he threatened to kill her and her brother when they met the day after Smith was killed.
The judge in the case, Nova Scotia Supreme Court Justice Joshua Arnold, reminded the jury that during Johnson's trial and during Riley's first trial, Fuller testified that she had not spoken to Riley after the killing.
He also noted her testimony in the current trial that she had been struggling financially before being readmitted into a witness protection program in 2021. The defence has argued that Fuller -- who was Johnson's girlfriend in 2010 -- had financial motives to invent her recent story.
The trial heard she wanted to re-enter witness protection after being out of the program for several years, and that since 2010, she has received benefits totalling $634,000 from the program -- including $270,000 in the last 15 months since being readmitted.
Defence lawyer, Trevor McGuigan, said outside court that his client was relieved, and he was looking forward to regaining his full freedom.
"It's difficult to say this is justice, given the process that he has gone through in the past 10 years or more, but certainly this outcome in this moment feels like finally there is resolution .... It's been a long road," McGuigan said.
On Thursday, Riley still hadn't been released, as he recently was jailed on charges he breached bail conditions on Oct. 1. His release application will have to wait until Tuesday in provincial court, said McGuigan.
The defence lawyer noted that both key witnesses had admitted to giving different versions of events in prior cases when testifying under oath. Asked if prosecutors should have proceeded with the retrial, he replied, "From the defence perspective, 'No, they shouldn't have."'
The prosecutors involved in the case were unavailable for comment after the verdict.
This report by The Canadian Press was first published Oct. 5, 2023.
For more Nova Scotia news visit our dedicated provincial page.
CTVNews.ca Top Stories
America votes: How the election could impact the Canada-U.S. border
While America's southern border remains a hot button issue on the campaign trail, the result of the U.S. election in November could also impact the northern frontier with Canada, which remains the longest undefended border in the world.
NEW THIS MORNING This Ottawa photo radar camera issued 200 tickets a day over the summer
New data shows the automated speed enforcement camera on King Edward Avenue, between Bolton Street and St. Patrick Street, issued 6,337 speeding tickets in August, the highest number of tickets issued by Ottawa's 40 photo radar cameras.
Couche Tard, On the Run parent firms challenge Health Canada nicotine pouch rules
Convenience store firms that operate thousands of outlets across Canada are taking the federal government to court to overturn regulations that restrict the sale of nicotine pouches to pharmacies.
Investigation underway after 2 workers die inside silo
The Ministry of Labour is investigating a workplace incident that claimed the lives of two people in Georgian Bluffs, south of Owen Sound.
Tax rebate: Canadians with low to modest incomes to receive payment
Canadians who are eligible for a GST/HST tax credit can expect their final payment of the year on Friday.
The Menendez brothers case is not the only one that's been affected by a true crime documentary
Being an armchair detective has turned into an American obsession, fueled by an abundance of true-crime content in podcasts and television series. But some of those projects have sparked actual legal developments.
Red Lobster is a mess. Here's why the new 35-year-old CEO wanted the job anyway
TikToks of customers stuffing their faces with a US$20 endless shrimp. More than 100 restaurant closures and thousands of layoffs. A revolving door of CEOs. Chapter 11 bankruptcy.
Here's what the jury didn't hear in Jacob Hoggard's sexual assault trial
A northeastern Ontario jury has started deliberating in Canadian musician Jacob Hoggard's sexual assault trial, we can now tell you what they weren't allowed to hear.
Homeowners hit by Hurricane Helene face the grim task of rebuilding without flood insurance
A week after Hurricane Helene overwhelmed the Southeastern U.S., homeowners hit the hardest are grappling with how they could possibly pay for the flood damage from one of the deadliest storms to hit the mainland in recent history.