BRIDGEWATER - Karissa Boudreau's relatives showed up June 24, as did about 50 curious onlookers and a throng of media, but the woman accused of killing the 12-year-old girl did not.

 Penny Boudreau wasn't in Bridgewater provincial court to answer to a charge of first-degree murder. Instead, a lawyer appeared on her behalf after the Crown lost a bid the previous day to force the 33 year old to appear.

 Ms Boudreau remains in custody at the Central Nova Scotia Correctional Centre in Burnside, where she has been since shortly after her June 13 arrest.

 Halifax defence lawyer Pat Atherton told Judge Jim Burrill and a nearly packed courtroom that he'd received some of the Crown disclosure - primarily documents relating to the initial missing person case. However, information stemming from the murder probe is mostly in an electronic format and he expected it would take another week for him to obtain that material.

 Crown and defence lawyers scheduled a telephone conference with Judge Anne Crawford for July 11. The case will be back on the provincial court docket on July 15 at 9 a.m.

 At that time, Mr. Atherton indicated he hopes to be able to set dates for a preliminary hearing into the murder allegation. There was no hint as to whether or not Ms Boudreau will be in court that day.

 Mr. Atherton refused to speak with reporters after court, saying only that what had happened was "self-evident." He left through the front door of the courthouse, carrying a briefcase and a box - believed to be the Crown disclosure he'd spoken of - and walked quickly around the building to his car chased by reporters and photographers. He did not answer any questions.

 Crown attorney Paul Scovil said the delay in the case was not unusual given the serious charge Ms Boudreau faces.

 "Today was simply setting another date giving time for the Crown to get the disclosure in a format to thea defence. As anyone can appreciate, in these types of investigations disclosure is often large and voluminous, so they will have an opportunity to see where they're going, what their game plan is going to be and go from there," Mr. Scovil said.

 As to Ms Boudreau not appearing in court, the Crown attorney said any accused has the right to apply to have counsel appear on their behalf. While he opposed the defence application in this case, he said he respected Judge Crawford's decision.

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 "The court decided that for this occasion it wasn't necessary and chose to cancel the transport order to have her brought back," Mr. Scovil said.

 Whether Ms Boudreau will stay in custody until her eventual trial remains unclear.

 "The determination of when or if to set a bail hearing is within the purview of the defence," Mr. Scovil said.

 As of last week's court appearance, the Crown attorney said there had been no discussions about bail, a possible change of venue for the trial, or if that trial might be before a Supreme Court judge and jury or a judge alone.

 "[It's] early in the proceedings to determine what the final look of the trial will be," he said.

 Ms Boudreau has yet to enter a plea to the charge and will not do so any time soon.

 "Pleas are entered in these types of matters at the time of trial in front of the trier of fact. If it's in front of a jury, the plea is entered in front of that jury itself. If it's in front of a judge alone, it's in front of the judge alone that the plea is entered," Mr. Scovil said.

 Ms Boudreau reported her daughter missing January 27, telling police that they'd argued and she'd left Karissa in the car at the Bridgewater Mall while she went inside to do some shopping. When she returned, she said the 12 year old was gone.

 Karissa's body was found frozen in the snow in Conquerall Bank, just outside town limits, on February 9. Five days later, police confirmed that she'd been murdered.

 Investigators have not revealed how Karissa died, but court documents suggest they believe she died in Bridgewater on the day she was reported missing.

 Police have said they don't expect to lay any further charges.

posted on 07/01/08