Yarmouth Justice Centre.
One of the men accused of killing Colton Cook took the stand today at his jury trial in Yarmouth.
Warning: This story contain graphic and disturbing details.
Crown attorneys closed their case this morning following video from Robert Rogers interrogation with RCMP which was played last week.
Rogers is accused of second degree murder and interference with human remains in relation to Cook’s death.
In their opening statement defense attorneys for Rogers said the jury would see that he suffers from severe alcoholism and lacked any specific intent to commit the murder.
They then called Rogers to the stand.
Rogers testified to his alcoholism, saying that in the spring and summer of 2020 he would drink everyday throughout the day.
He also testified to the use of Gabapentin, an anticonvulsant, and Dilaudid (hydromorphone), used as a painkiller, following a car accident.
Rogers had been instructed to take up to four Gabapentin a day. He had been using Gabapentin before the car accident.
He testified that he had been hospitalized following the car accident and began drinking the day he was released from hospital.
On September 25th, 2020, Rogers says he began drinking after getting up. He testified to drinking Captain Morgan spiced rum, Budweiser and Absolut Vodka that day, as well as consuming marijuana every few hours and taking 18 Gabapentin (equal to 10,000 mg) throughout the day.
He spoke to his alcohol tolerance at the time.
“Very high tolerance,” Rogers says. “Very very high.”
Rogers said his memory is affected by the combination of alcohol and the medication.
Rogers claimed he could not recall anything after Cook arrived at the South Ohio home connected to the case until he was later awoken by Keith Siscoe Jr. and told to burn Cook’s truck.
He told the court he had never met Cook before that night.
He says he remembers setting the truck on fire with oil and paper towel and throwing Cook’s severed leg, which had been in the back of the truck, into the woods.
Rogers says afterwards Wayne Crawford told him about his involvement in Cook’s death.
“I don’t remember.” says Rogers. “I remember Wayne telling me.”
Crawford has pleaded guilty to second degree murder and Siscoe Jr. has pleaded guilty to accessory after the fact to murder.
The crown questioned Rogers about the use of a machete to assault Cook. Rogers said it would have been impossible due to his need of a walker for mobility.
However, video previously shown to the court from the South Ohio Esso showed Rogers walking without the walker.
Rogers was also questioned about the note left at the home of Keith Siscoe Sr. which read: “My name is Robert Rogers I’m responsible for Colton Cook’s death.”
“Yes I wrote it.” Rogers says.
Rogers told the court Siscoe Sr. had told him to take responsibility for Cook’s death. He also said Siscoe Jr. had threatened Rogers’ daughter with physical violence if he did not confess to killing Cook.
“I didn’t want my daughter used by Keith Jr.” Rogers says.
Rogers was questioned about his interrogation with Sgt. Greg Vardy following his arrest on October first, 2020, in relation to Cook’s murder.
The crown looked at contradictions between what Rogers had said to police and what he was saying now in court such as telling Vardy that Cook said he was interested in mixed martial arts, that he faintly remembered shooting Cook and dragging his body out of the home and that his medication does not affect his brain.
While on the stand, Rogers said Gabapentin makes him feel drunk and taking it with alcohol “made me forget a lot.”
Rogers says what he told Vardy was a lie to protect Siscoe Jr. He also claims to have been intoxicated when he spoke with Vardy.
Rogers was asked about a letter he had sent to Siscoe Sr. after he had been taken into custody.
In the letter, Rogers said he remembered more about the night of Cook’s death and threatened to “sink” Siscoe Jr. in court unless he was sent $500, which he wanted to use to purchase a television.
Rogers claimed in court to have been lying in the letter in an attempt to “scare him into sending my money”. Rogers says Siscoe Sr. had been cashing his GST cheques. He says he never got the money.
“I’ve been trying to piece this together for two years and I still can’t get a piece together.” Rogers says.
“Are you just making this up?” asked crown prosecutor Bob Morrison.
“No I’m not.” Rogers responds.
After Rogers’ testimony, the defense called their second and final witness: private forensic toxicology consultant Jean-Paul Palmentier to offer expert testimony about how the substances consumed by Rogers could affect his memory of the events.
He said the amount of alcohol Rogers claimed to drink, in combination with marijuana, Gabapentin and Dilaudid could cause memory loss based on his calculations.
Palmentier could not give an accurate blood alcohol level only an approximation based on what Rogers said was consumed.
Palmentier’s testimony wrapped up the defenses arguments.
The crown and defense will give closing addresses tomorrow morning in Yarmouth Supreme Court.
