Crown wants Fontanelli’s defence attorney removed
Tremblay had earlier represented a witness in the Higgins murder case
The Crown prosecutor in the case of Nicholas Fontanelli, the 22-yearold facing charges in the death and dismemberment of his LaSalle girlfriend, Samantha Higgins, is seeking to have a new lawyer represent the accused.
The Crown feels Fontanelli’s lawyer, Jean-Marc Tremblay, should be removed because he previously represented one of the prosecution’s witnesses, which could cause a conflict of interest when it comes time for cross examinations.
“Mr. Tremblay has represented a Crown witness in the past, a compellable crown witness who will be called during the preliminary hearing, and we feel that there’s at least an apparent conflict of interest there,” Crown prosecutor Louis Bouthillier told reporters on Tuesday outside the courtroom.
A hearing will take place on Oct. 29 to decide whether the request is granted.
Higgins, a 22-year-old mother of two, was reported missing by her family on July 7. Her body was found days later, dismembered in a bag under a bridge in Hinchinbrooke, nearly 70 kilometres away from where she was last seen.
Fontanelli, her boyfriend of seven years and father of her two children, was arrested the following week and charged with first-degree murder and committing an indignity to a body. He’s been detained since July 14.
Higgins’s mother, Vanessa, said she considers it good news that a different lawyer could represent Fontanelli.
Vanessa Higgins, family members and supporters packed the small courtroom on Tuesday, wearing pink T-shirts that were made to support the family following Samantha’s death, as they have at every court appearance so far.
While waiting nearly an hour for Fontanelli to appear, Higgins asked the security guard to let more family members in every time someone from another case left the room. By the time Fontanelli was led in by a correctional officer, he walked into an almost entirely pink audience.
Freshly shaved, wearing a grey polo, sneakers and handcuffs, he addressed the judge with a “good morning,” from the dock and shifted his eyes around the room while the motion was explained to him. He was gone within minutes, and the family filed out of the room.
Higgins said afterward that the length of the process can be frustrating, but that it’s important for the family to continue to be there throughout.
“We want to know everything,” she said.
“We love Samantha with everything in our hearts, in our souls, we don’t think what happened to her was fair at all,” she added.