Pre-trial begins for Sask. RCMP officer charged with murder

A hearing to determine what evidence can be used in the trial of a former RCMP officer accused of killing a 26-year-old man was held in Prince Albert on Tuesday.

Bernie Herman faces a first-degree murder charge in the death of 26-year-old Braden Herman in May of 2021. The two are not related but were known to each other.

While Herman’s trial date is set for December, the court is now deciding whether a 16-minute phone call containing a possible confession can be used as evidence, a process called a voir dire.

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Court heard Herman called his friend and fellow Mountie on the night of the incident.

He allegedly told Staff Sgt. Chad McLeod that he shot a man and ran him over, and said he was thinking of suicide. Court heard McLeod told his wife to call police and continued to talk with the distressed officer.

Court heard how McLeod asked questions about where the body was and acquired a pin of the location on Google Maps.

Court heard McLeod told Herman to “ditch” the gun and come over to his place.

Herman’s defence council said the phone call should not be used as evidence, because McLeod was asking questions as a police officer, and he unknowingly gave a statement, without being read his rights.

Crown prosecutor Jennifer Schmidt argued he was acting as a friend, asking Herman questions to prevent self harm. She said when McLeod invited him over, he took Herman’s gun and gave him a hug.

The court is also determining whether data from the five phones seized by police can used as evidence. The defense argued officers filed paperwork for one of the five devices two years late. His lawyer also said using text messages between Herman and his wife as evidence would be a privacy infringement.

Schmidt argued the text messages set-up the context for the Crown’s case.

The judge reserved his decision on the voir dire applications. Two weeks have been set aside for the judge-alone trial at the Prince Albert Court King’s Bench, starting Dec. 4.