Victoria woman Kaela Janine Mehl is appealing her conviction in the murder of her 18-month-old daughter with the allegation that one of the jurors in the trial was biased against her. (Lauren Boothby/VICTORIA NEWS)

Victoria woman Kaela Janine Mehl is appealing her conviction in the murder of her 18-month-old daughter with the allegation that one of the jurors in the trial was biased against her. (Lauren Boothby/VICTORIA NEWS)

Victoria mother convicted in baby’s murder seeks new trial, claims juror was biased

Kaela Janine Mehl convicted of murdering 18-month-old daughter in 2017

A Victoria woman convicted in the murder of her 18-month-old daughter is claiming a juror in the murder trial was biased against her.

In October 2017, Kaela Janine Mehl, 37, was found guilty of murdering her daughter, Charlotte Cunningham, and sentenced to life in prison with no chance of parole for 25 years.

On Sept. 16, 2015, Mehl fed her daughter sleeping pills before smothering her. She also attempted to kill herself.

Mehl’s defence that she was not criminally responsible due to a mental disorder was rejected by the 12-person jury, which included four men and eight women.

However, Mehl alleges that throughout the trial one of the jurors made gestures of support or sympathy towards the family of her daughter’s father. Claiming the juror was biased, and her own lawyer ineffective for failing to bring the gestures to the attention of the judge, Mehl is seeking a new trial.

READ ALSO: Kaela Mehl guilty of first degree murder, sentenced to life in prison

Charlotte Cunningham was 18 months old when she was murdered by her mother Kaela Mehl in Victoria, B.C. on Sept. 16, 2015. Mehl was found guilty of first-degree murder and sentenced to life in prison with no chance of parole for 25 years. (Submitted photo)

The alleged behaviour of the juror was not reflected on the trial’s record but has since been subject to a post-trial investigation that includes the observations of 22 people who would have witnessed the juror’s behaviour. At appeal, the court is expected to hear the observations of those witnesses which include the appellant, trial counsel, sheriffs and spectators seated in the courtroom gallery.

Evidence is also expected to include an affidavit sworn by the juror, who denies making gestures to the gallery.

The Crown applied for a report from the trial judge asking for any and all observations of jurors as well as the nature, timing and frequency of any gestures witnessed, but a three-justice panel dismissed that application, writing that, among other reasons, the inquiry may draw the trial judge into “factual controversy.”

The panel also worried the court would be seen as giving more weight to the trial judge’s interpretation of alleged gestures over other witnesses. They also wrote that if the judge hadn’t observed any gestures, nothing would be gained by seeking the order.

“The parties agree the appeal will likely proceed on the factual premise that, on one or more occasions, the juror gestured to spectators sitting in the gallery in proximity to the father of the deceased infant and his family,” they wrote. “The controversy on appeal will centre on the frequency with which those gestures were made and what they were intended to signal.”

Mehl’s appeal hearing is set for December.

READ ALSO: Jury must determine degree of planning in killing of toddler


Do you have something to add to this story, or something else we should report on? Email: nina.grossman@blackpress.ca. Follow us on Instagram.
Like us on Facebook and follow us on Twitter.

CourtmurderVictoria

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

The COVID-19 outbreak at the two Coastal GasLink workforce lodges has officially been declared over. (Lakes District News file photo)
COVID-19 outbreak at Coastal GasLink worksites declared over

In total, 56 cases were associated with the outbreak in the Burns Lake and Nechako LHAs

The Nisga’a Valley Health Authority reported an isolated cluster of COVID-19 cases among non-direct care staff at the New Aiyansh Health Centre. (Gary Fiegehen/Nisga’a Lisims Government)
New Aiyansh Health Centre experiencing COVID-19 cluster among non-direct care staff

Nisga’a Valley Health Authority asking residents to cancel appointments outside the Nass Valley

A photo of the CervixCheck at-home test kit, developed by Eve Medical. (Submitted Photo/Katina Pollard, Métis Nation British Columbia)
Pilot project puts cancer screening into the hands of northwest B.C. women

Métis women experience barriers to cervical cancer screening

Brett Alexander Jones is wanted on several warrants province-wide, in connection with multiple charges. Jan. 21, 2021. Kitimat RCMP photo
Kitimat RCMP searching for man wanted on several warrants province-wide

Jones is described as a five-foot 10-inches Caucasian man, with blond hair and blue eyes.

The Nisga’a Lisims Government has extended its state of local emergency. (File photo)
Nisga’a state of local emergency extended, vaccines delayed

There are 21 active COVID-19 cases in the Nisga’a Valley Health Authority

Toronto Public Health nurse Lalaine Agarin sets up for mass vaccination clinic in Toronto, Jan. 17, 2021. B.C. is set to to begin its large-scale immunization program for the general public starting in April. THE CANADIAN PRESS/Frank Gunn
B.C.’s COVID-19 mass vaccinations expected to start in April

Clinics to immunize four million people by September

The District of Saanich’s communications team decided to take part in a viral trend on Thursday and photoshopped U.S. Senator Bernie Sanders into a staff meeting photo. (District of Saanich/Twitter)
Bernie Sanders makes guest appearance municipal staff meeting in B.C.

Vancouver Island firefighters jump on viral trend of photoshopped U.S. senator

School District 57 headquarters in Prince George. (Mark Nielsen, Local Journalism Initiative Reporter)
Prince George school district settles with sexual abuse victim

Terms were part of an out-of-court settlement reached with Michael Bruneau, nearly four years after he filed a lawsuit

Surrey provincial court. (File photo: Tom Zytaruk)
New COVID-19 protocols set for provincial courthouses

The new rules were issued on Jan. 21, and took effect immediately

Police in Vancouver looking for male suspect who allegedly spat and attacked a store manager for not wearing a mask, at 7-Eleven near Alma Street and West 10th Avenue just before noon on Dec. 17, 2020. (Vancouver police handout)
VIDEO: Man spits on 7-Eleven manager over mask rule, sparking Vancouver police probe

‘Unfortunately, the store manager sustained a cut to his head during the assault’

The Vancouver-based SAR team successfully rescued two lost snowshoers off of the west side of Tim Jones Peak in the early morning of Monday, Jan. 19. (North Shore Rescue photo)
B.C.’s busiest SAR team raises alarm after 2021 begins with fatality, multiple rescues

‘People beyond ski resort areas of Seymour, Grouse, and Cypress go without cell reception,’ SAR warns

Police are searching for an alleged sex offender, Nicole Edwards, who they say has not returned to her Vancouver halfway house. (Police handout)
Police hunt for woman charged in ‘horrific’ assault who failed to return to Surrey halfway house

Call 911 immediately if you see alleged sex offender Nicole Edwards, police say

A screenshot from a local Instagram account video. The account appeared to be frequented by Mission students, and showed violent videos of students assaulting and bullying other students.
Parents, former students describe ‘culture of bullying’ in Mission school district

Nearly two dozen voices come forward speaking of abuse haunting the hallways in Mission, B.C.

Joe Biden, then the U.S. vice-president, and Prime Minister Justin Trudeau take their seats at the start of the First Ministers and National Indigenous Leaders meeting in Ottawa, Friday, Dec. 9, 2016. THE CANADIAN PRESS/Adrian Wyld
Trudeau, Biden to talk today as death of Keystone XL reverberates in Canada

President Joe Biden opposed the Keystone XL expansion as vice-president under Barack Obama

Most Read