On November 5, defense attorney Andrew Burton made a virtual court appearance via video conference before Justice of the Peace Linda Pearson, on behalf of his client Matthew MacInnes. Burton requested that the case be adjourned until November 26, the same date that co-accused Jason Lusted is set to appear again before the court in St. Catharines.
Burton also said that new counsel for Mr. Lusted has requested a new pre-trial meeting.
Pelham resident Earl Clapp, 74, died October 2 of 2020 after being dragged by a vehicle nearly two kilometres from his Centre Street property to Highway 20, east of Balfour Street. Authorities allege Lusted and MacInnes had been attempting to steal a trailer from Clapp’s property, and caused Clapp’s death.
Lusted has been represented by Toronto attorneys Cara Barbisan and Andrew Furgiele.
The preliminary hearing is scheduled to begin on March 21, 2022, with the trial predicted to continue for three weeks. Details of the court proceedings are subject to a publication ban.
