Bradley Barton appealed the manslaughter conviction and sentence in 2011 for the death of Cindy Gladue
EDMONTON – Lawyers for the Ontario truck driver convicted of killing a woman in an Edmonton hotel room are seeking to appeal both his conviction and 12 1/2 years of manslaughter sentence.
At his sentencing hearing in July, crown prosecutors called for prison terms ranging from 18 to 20 years. Defense lawyer Dino Bottos pleaded for a sentence of five to nine years.
Barton’s conviction appeal centers on arguments regarding legal definitions and the admissibility of evidence.
The effort to appeal the sentence contends that the sentence imposed was “excessive and unreasonable in the circumstances”.
The appeals were filed in a single document with the Alberta Court of Appeal on Wednesday.
Crown prosecutors have already tried to appeal the sentence, arguing that it is “manifestly unfit”.
Barton still has about 11 and a half years to serve after factoring in the time already served.
In sentencing, Court of Queen’s Bench Judge Stephen Hillier ruled that Barton had “an intolerable level of guilt” in Gladue’s death.
“No words can describe the tragedy and sorrow, especially for the suddenly motherless young family.”
Judge Hillier also cited Barton’s failure to help a bloodied Gladue, the willfulness of his actions as well as his lies to police and hotel staff as aggravating factors in sentencing.
At trial, the court heard that Gladue had four times the legal alcohol limit in her system and was bleeding to death from a serious wound in her vagina.
Barton said he paid Gladue for sex and was shocked to find her bloody body in the tub the next morning.
Crown prosecutors have argued that Barton caused the fatal injury when he sexually assaulted Gladue.
Bottos argued that Barton and Gladue engaged in consensual sex acts.