Lawyer can ask mom about potential involvement in infant’s death

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The lawyer for murder suspect Anthony Karl Kurucz can grill the accused killer’s ex-wife over potential involvement in their infant son’s death, a judge ruled Wednesday.

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Court of King’s Bench Justice Glen Poelman said defence counsel Darren Mahoney had met the threshold of “an air of reality” in seeking to question Brylee Cyluck as a third-party suspect in the victim’s demise.

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Mahoney noted Cyluck was in the home shortly before three-month-old Jayden Cyluck-Kurucz suffered critical head injuries that caused his death.

The lawyer also pointed out Cyluck was a suspect in the minds of police, who conducted a Mr. Big operation on both her and the accused, before focusing on alleged killer Anthony Karl Kurucz.

Kurucz is charged with second-degree murder in the April 27, 2018, death of his son.

Mother left home 30 minutes before accused was on phone with 911, evidence shows

Mahoney argued “there’s a window of time” where Cyluck was at the home where little Jayden’s injuries could have been inflicted.

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Crown prosecutor Hyatt Mograbee suggested the judge needed to rule on the admissibility of a confession Kurucz made in the Mr. Big operation before deciding whether Mahoney could raise a third-party suspect defence.

Mograbee argued that if the statement is admitted, then Kurucz’s confession definitively establishes him as the killer.

“The accused in that operation, at the end, confesses to causing the catastrophic injuries which would take Ms. Cyluck out of the equation,” she said.

But Mahoney said even if the statement goes in, he will argue it’s not sufficient to establish his client’s guilt.

“You’re still going to have to weigh the so-called confession,” the lawyer said.

Mahoney said Kurucz’s comments to an undercover officer didn’t eliminate the possibility Cyluck was responsible for the fatal injuries.

“I would still make that argument whether or not the Mr. Big evidence goes in.”

The fact the case wasn’t before a jury, Poelman said, made allowing such questioning of the mother less problematic.

“I’m satisfied there’s a sufficient air of reality to enable the defence, and of course the Crown, to question Ms. Cyluck regarding the time she spent with the child and what she did with the child in the time period immediately surrounding him taking seriously ill.”

Cyluck is expected to take the witness stand Thursday.

KMartin@postmedia.com

On Twitter: @KMartinCourts

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