Lawyer for Matthew MacInnes says he has been unable to speak with his client
One of two men charged with second-degree murder in the death of Pelham resident Earl Clapp made a brief appearance via video link in a St. Catharines court on Friday, Oct. 16. Matthew MacInnes, 39, of Wellandport, spoke only to give his name before his lawyer Andrew Burton told the court he has been unable to connect with his client since MacInnes’ Oct. 9 arrest.
“One of the issues with respect to this matter is that I haven’t been able to speak with Mr. MacInnes since he’s been taken to the detention centre,” Burton said. “I’ve been in touch with his family, there have been a number of different discussions — the details of which are all important that I want to share with him privately.”
The attorney asked the court to be able to speak with MacInnes one-on-one via the video booth at the St. Catharines courthouse on Monday, Oct. 19. Justice of the Peace Linda Pearson agreed.
Burton added that he had been barred from visiting his client at the Niagara Detention Centre in Thorold.
“For the record, I’ve been to the jail to try and see him in person there, and I’ve been denied access to him … the assertion is [MacInnes has] been quarantined on a COVID droplet protection protocol,” Burton said. “Despite my actual attendance at the jail, I haven’t been able to speak with him, and for whatever reason he hasn’t been able to reach me.”
Burton did not reply to a Voice request for comment.
MacInnes and 49-year-old Jason Lusted, of no fixed address, have been charged with second-degree murder in the Oct. 2 death of Clapp. Niagara Regional Police believe the 74-year-old Clapp interrupted an attempted theft of a trailer on his Centre Street property, and was then struck and dragged to his death by the suspect vehicle.
Lusted was also scheduled to appear in court via video link on Monday. Because of Lusted’s involvement in a still-unresolved 14-year-old murder case, his proceedings are subject to a court-ordered publication ban.
However, a source told the Voice last week that after being detained in Clapp’s death, Lusted attacked a guard by biting them at the Niagara Detention Centre, and was subsequently placed in solitary confinement.
A Ministry of Solicitor General official didn’t name Lusted, but told the Voice there was an incident.
“The ministry can confirm an incident involving an inmate and staff member at Niagara Detention Centre on Oct. 11, 2020. The staff member was not injured,” spokesperson Kristy Denette said. “Violence within our correctional facilities is unacceptable and the ministry has zero tolerance when it comes to assaults or threats against staff. If staff are assaulted or threatened, the police are contacted to investigate.”
Niagara police confirmed they were contacted by the jail on Oct. 11, but didn’t provide details.
“That investigation remains ongoing, as such we have nothing further to provide at this time,” Const. Phil Gavin told the Voice.
Lusted was a star witness in the Hamilton murder trial of Jeremy Hall, accused of killing 27-year-old Billy Mason in 2006. Lusted and Hall testified at that trial they both ran a profitable auto theft ring and chop shop throughout the Golden Horseshoe. Lusted testified against Hall, claiming he was merely a bystander when Hall abducted and shot Mason to death, then drank beer with Hall as Mason’s corpse was burned.
Hall was convicted of first-degree murder in 2013, with Lusted pleading guilty as an accessory after the fact. However, the Hall conviction was later overturned on appeal, with a Hamilton judge scheduled to deliver a verdict in the retrial this Oct. 30.
Coincidentally, a woman identifying herself as MacInnes’ girlfriend is due in court Nov. 3 on unrelated weapons charges from 2019. Tamara Aubertin of Welland lists that she is “in a relationship” with MacInnes on her Facebook account. Aubertin did not reply to a Voice request for comment.
