Police on the scene near where the body of Earl Clapp was found along Highway 20 east of Balfour St. in Fenwick, on Friday morning, Oct. 2, 2020. DAVE BURKET

Men charged in death of Pelham resident Earl Clapp in 2020

Two men linked to the death of Pelham resident Earl Clapp over a year ago will be back in court preceding their trial date.

Defense attorney Andrew Burton appeared in a St. Catharines court via Zoom last Friday before Justice Patricia Lavallee, on behalf of his client Matthew MacInnes, who is currently being held at the Maplehurst Detention Facility in Milton. MacInnes has a bail hearing scheduled for February 28.

Courtroom sketch of Jason Lusted, testifying in the first-degree murder trial of Jeremy Hall, Feb. 4, 2013. MARCELA PRIKRYL ILLUSTRATION/SPECIAL TO THE HAMILTON SPECTATOR

Burton told the court last Friday that he planned to confer in person with MacInnes on January 27, in preparation for a confirmation hearing on February 8 at 10 AM in courtroom six via Zoom.

Jason Lusted has been represented by Toronto attorneys Cara Barbisan and Andrew Furgiele.

A judicial pre-trial (JPT) had taken place for Lusted, but outstanding disclosure items from the JPT are still in the process of review. Lusted’s case has been remanded until January 28 at 11 AM.

Profile photo of Matthew McInness from his Facebook page. FACEBOOK

Pelham resident Earl Clapp, age 74, died October 2, 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 were attempting to steal a trailer from Clapp’s property, and caused Clapp’s death.

The preliminary hearing is scheduled to begin March 21. Details of the court proceedings are subject to a publication ban.


Correction: Updated to reflect that the March 21 appearance is a preliminary hearing and not the start of a trial.