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YOUR SOURCE FOR LOCAL SPORTS, NEWS, WEATHER AND ENTERTAINMENT! WWW.DELTA-OPTIMIST.COM The Voice of Delta since 1922 WEDNESDAY, JUNE 16, 2010
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Market kicks off 14th season in Ladner Village PHOTOS BY
CHUNG CHOW
Alicia Guichon (left) was selling fresh vegetables from her family farm at the opening day of the Ladner Village Market last Sunday. Bluesman Wes Mackey (below) provided the entertainment. See more photos on Page 14 and at www.delta-optimist.com.
Evidence admissible Judge rules officer had reason to demand breath samples BY
JESSICA KERR
jkerr@delta-optimist.com
Judge Peder Gulbransen dismissed the application of the defense to have several pieces of evidence against Carol Berner excluded. Gulbransen ruled in Surrey Provincial Court Monday that Berner was not unlawfully detained and that Delta police Const. Sarah Swallow had reasonable suspicion to demand a breath sample at the scene of the crash. Berner is on trial charged with impaired driving causing death, impaired driving causing bodily harm, dangerous driving causing death and dangerous driving caus-
ing bodily harm. On May 17, 2008, four-yearold Alexa Middelaer and her aunt Daphne Johanson were feeding horses near the road on 64th Street in East Ladner when a car
his client’s rights were violated. The judge dismissed those claims. Alexa’s parents, Laurel and Michael Middelaer, were pleased with the judge’s decision. “It was really great to hear the Page 4 judge rule and actually say that she was not detained,” Laurel Middelaer said outside court Monday. “So that was validating for us because we knew what happened at the scene and to see that common sense and judgment prevail that was really satisfying to see that.” She added that it was reassuring to see the judge will allow the breath test results to be included as evidence.
Undercover officer testifies
Happy Pages 19 to 23 Father’s Day
plowed into them. Alexa’s injuries were fatal and the little girl died later in hospital. Johanson was severely injured. Berner has admitted through her lawyer that she was driving at the time of the crash but is pleading not guilty to the specific charges. Berner’s lawyer argued last week during a voir dire, a trial within a trial used to determine the admissibility of evidence, that
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