Hockey Canada trial: Jury sees video of woman in hotel room

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By: Jane Sims

LONDON, ONT. — She was dressed just in a towel pulled up and smiling at the camera on Canadian hockey player Michael McLeod’s cellphone.

It was 4:26 a.m. inside a room at the Delta Armouries hotel in downtown London on June 19, 2018.

“It was all consensual. Are you recording me?” she asked in the video, played Wednesday for jurors at the sexual assault trial of McLeod and four teammates from Canada’s 2018 gold-winning world junior hockey team, who were in London for a Hockey Canada gala.

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“You are so paranoid. Holy,” she said. “I enjoyed it. It was fun. It’s all consensual.

“I am so sober, that’s why I can’t do this right now.” And with that, the video ended.

The jury saw cellphone videos and security footage both in Jack’s Bar — the Richmond Row establishment where the complainant, whose name is protected under a publication ban, met the players — and from the lobby of the hotel a few blocks away. The footage is all from early in the morning of June 19, 2018.

But the most dramatic video was of the smiling woman who said everything was “consensual,” played at the trial that has attracted media attention from across the country. The main issue, the Crown said at the beginning of the trial this week, would be consent.

Also on Wednesday, the trial got its first look at some NHL star power when it heard testimony from one of the Team Canada squad, Taylor Raddysh, 27, who plays for the Washington Capitals. He testified remotely.

McLeod, 27, Alex Formenton, 25, Cal Foote, 26, Dillon Dube, 26, and Carter Hart, 26, have all pleaded not guilty to sexual assault. McLeod also has pleaded not guilty to a second charge of sexual assault for being a party to the offence.

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The Crown has told the jury their case involves the then-20 year-old woman who says she was sexually assaulted in a hotel room by the hockey players.

The jury saw two “consent” videos taken in a hotel room. The first, filmed at 3:27 a.m., showed the woman, who was sitting and appeared not to know she was being recorded.

“You’re OK with this though, right?” a male voice can be heard saying. “Are you OK with this?”

“Yep, I’m OK with this,” she said.

What followed was the second video filmed about an hour later of her smiling, flipping her hair, speaking clearly and calling everything that happened “consensual.”

Other videos filmed earlier in the morning at the bar show a crowded dance floor with strobing lights with the rowdy Canadian hockey players mostly dancing together and belting out the words to the music.

The woman often is seen among the mass of players. At one point, she is picked up and carried around by co-accused and team captain Dubé.

But McLeod appears to have the most interest in her. When Dubé is carrying the woman around, McLeod steps in and pulls Dubé’s shirt over his head, hockey fight-style.

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In one string of videos from cellphones, several players shout out the words to Hey Baby (If You’ll Be My Girl) that was the national team’s goal song during the championship.

Many players are identified in the videos both at the bar and walking into the hotel lobby.

McLeod had returned to the hotel with the complainant at about 1:45 a.m. The jury saw footage of the woman exiting the Richmond Row bar holding hands with McLeod, then trotting behind him along the sidewalk when they were hailing a cab.

They are seen walking into the hotel on Dundas Street. She has her phone in one hand while she walks in without any assistance from McLeod.

After viewing the videos of the woman declaring consent, the jury saw more hotel security videos of the woman leaving the hotel and waiting for an Uber ride.

The videos gave a clearer picture than what the jury heard from the Capitals’ Taylor Raddysh, who had a foggy memory of what happened after the ring ceremony and dinner seven years ago when he went out with the team to Jack’s.

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Throughout his testimony, assistant Crown attorney Meaghan Cunningham gave Raddysh many opportunities to review his various statements, but those reviews didn’t seem to help his memory.

Raddysh recalled he was hotel roommates with player Brett Howden, who appears in many of the videos at Jack’s that were played for the jury. Their room was next to McLeod’s.

However, “I really don’t have any recollection of what happened that night at Jack’s,” he said.

Raddysh said he had no memory of being at Jack’s, leaving Jack’s and “wasn’t 100 per cent” sure about his memory surrounding returning to his room. Raddysh admitted he did drink alcohol that night but “I wasn’t drinking heavily.

“I just remember returning to my room,” he said. No one else was there and Raddysh said he Facetimed his girlfriend at the time. He recalled that McLeod and player Boris Katchouk came to his door, but he said he couldn’t recall much of what happened.

After reviewing his police statement, Raddysh said the two players knocked on his door and “I wasn’t fully certain about what was said except ‘Please come and hang out for a bit.’”

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He said he remembered going to McLeod’s room. “I don’t have a full recollection of what I remember in that room. I just remember Michael being there, Boris and a woman.”

Raddysh said he couldn’t remember much about the woman although he was “pretty sure” the woman was on the bed, but, “sitting here today, I don’t remember how she was positioned and what she was wearing.”

Raddysh said he didn’t recall anyone saying anything and he didn’t say anything to the woman. He recalled he was in the room for “a very short time.”

Raddysh said he didn’t remember if anyone mentioned sexual activity. “I just remember going back to my room,” he said.

Cunningham asked if he remembered why. “I’m not 100 per cent (sure), sitting here today,” Raddysh said. He didn’t recall hearing any noises.

Cunningham reviewed text messages from Raddysh’s cellphone, including the group text to the team at 2:10 a.m. — “who wants to be in a threeway, quick. 209 Mikey.”

Replying to the message was Hart, who wrote on the group chat, “I’m in.”

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Raddysh also received a message at 2:15 a.m. from McLeod asking him to come to his room, “if you want (oral sex).”

There were other messages back and forth on June 26, 2018, between Raddysh and McLeod, with Raddysh indicating one of Hockey Canada’s staff had called him and “said there’s an investigation.”

Raddysh said he couldn’t remember, even after reviewing his statements, if he had any phone calls or video calls from other teammates after he was told there was an investigation.

Superior Court Justice Maria Carroccia dismissed the jury early because Raddysh “has a commitment and can’t be here beyond 4 p.m.,” she said.

The Capitals were playing the Montreal Canadiens that night in the first round of the Stanley Cup playoffs.

The trial continues.

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