The Barry Sinclair Trial: Day One

Sleepwatching case opens with cellphone testimony

Barry Edward Sinclair
Barry Edward Sinclair sat watching the trial in a Columbia hoodie and red T-shirt.

An LG flip phone found at the scene of a sleep watcher incident, had a text with the same name as the accused, the Nova Scotia Supreme Court heard Monday.  

The cellphone was found at the home of a female Dalhousie student on Shirley Street, two weeks after she woke up to a man opening her bedroom door on Sept. 15, 2011.

At the time, the woman did not notice anything unusual in the home. Police were called and they determined the point of entry could have been a window in the kitchen.

When another roommate went to use a blue bucket under the window two weeks later, she discovered the phone.

She looked through the phone to see whom it belonged to and found the response to a text asking “Who is this” as “Barry.”

Blair MacLennan, a senior analyst with the RCMP technology unit, confirmed that this text existed on the phone.

MacLennan added that the last time the phone was used was the day before the break-in.

However, Halifax police investigators were unable to link DNA evidence on the phone to the accused. 

Dartmouth resident Barry Edward Sinclair, 50, is charged with five counts of voyeurism and two counts of breaking and entering. 

In court, he was wearing a hoodie and red t-shirt. He sat with his head up the whole case looking around the room.

DNA evidence 

DNA has been hard to find in this case.

At the time of the crime, detective constable Andre Habib had found finger marks that looked like a hand had tried to pull down the window. The fingerprints were not sufficient to identity anyone, nor was the DNA swab.

At a separate incident at a house on South Street also on Sept. 15, 2011, detective constable Sandra Johnston said she took six possible DNA swabs at the scene. Only three of the swabs were sent to a lab: a finger mark on the exterior door, finger marks on the dinning room window and finger marks on the complainant’s bedroom. Two of those came back empty and the third, while showing the presence of male DNA, was determined to be insufficient for specific identification.

Instead, photographic evidence was brought to the court. Photo after photo was discussed at length to show what the apartments looked like, where the possible points of entrance were located and what the finger markings looked like.

When questioned about the window at the Shirley street break in, Habib described himself as 5’10 and 205 lb. and added that when police first took Sinclair into custody in September 2011, the 5’6/7 Sinclair was in great shape.   

“If I could do it…” posed Habib.

Habib added that now, Sinclair is bigger, or fuller, than before. 

In recent years, many young women in Halifax’s south end have reported waking up to watching a stranger watching or touching them.  

Court resumes Tuesday morning.

Listen in as the media talks to Denise Smith, Crown attorney:

[audio:http://unews.ca/wp-content/uploads/2012/11/media-scrum-day-1-crown.mp3]

Court documents concerning Barry Edward Sinclair

 

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