Jason Lusted, one of the two men charged with second-degree murder in the death of Pelham resident Earl Clapp, made his first court appearance last Friday since an apparent jailhouse suicide attempt.
The 49-year-old made his video court appearance in a wheelchair from the Maplehurst Correctional Complex in Milton. Lusted was moved there at some point since a Nov. 5 incident at the Niagara Detention Centre in Thorold, in which sources tell the Voice he was found hanging by a bed sheet and unresponsive.
Appearing frail, the accused identified himself to the court and said that his lawyer is Hamilton attorney Kim Edward. However, no lawyer appeared on the Zoom call on Lusted’s behalf.
“Do you have instructions for today?” Justice of the Peace Patricia Lavallee asked him.
“Remand for a week?” Lusted replied.
“Is that your request?” Lavallee said.
“I guess.”
Lavallee agreed to bring Lusted back to video court Dec. 3.
Co-accused Matthew MacInnes later appeared via video from the Niagara Detention Centre.
An agent for his lawyer, Andrew Burton, said the defense had still not received disclosure — meaning evidence —in the case, but was expecting it imminently.
“The latest update we’ve received from the Crown’s office this morning is they’re actively working on preparing the disclosure for our office,” agent Tessa Willebrand said.
She added that because Lusted had been adjourned to Dec. 3, it made sense to bring MacInnes back the same date.
“Perhaps if they can go to that same day to stay on track with that matter,” she said.
Lavallee agreed. Both will be back in video court this Thursday.
Lusted and MacInnes have been incarcerated for almost two months in the wake of the Oct. 2 death of Clapp. The 74-year-old was apparently dragged to his death by a vehicle police believe was involved in an attempted robbery at Clapp’s Centre Street property, in Fenwick.
