EDMONTON – An Ontario truck driver convicted of killing a woman in his Edmonton hotel room has asked for the trial to be set aside, which could mean another trial in the high-profile case.

A sentencing hearing that was scheduled to start Tuesday for Bradley Barton has been postponed. Lawyers are due to return to court on Wednesday to continue discussing the claim, but there is a ban on publication of its details.

In February, a jury found Barton, 52, of Mississauga, Ont., Guilty of manslaughter in the death of Cindy Gladue. The 36-year-old Métis and Cree woman was found dead in a tub at the Yellowhead Inn in 2011.

Barton testified that he paid Gladue to have sex, but the trial learned that she had four times the legal alcohol limit in her system and was bleeding to death from a serious injury to her vagina.

Two jurors were excused before deliberation. Court of Queen’s Bench Judge Stephen Hillier was told that a jury member said working in the sex trade was ‘bad’ and that Gladue would have survived had she not traded sex for money with Barton.

Another member of the jury was excused, the trial heard, for trying to influence the opinions of the other jurors.

It was the second trial for Barton. A jury in 2015 found him not guilty of first degree murder.

The acquittal sparked rallies and calls for justice for indigenous women across the country. The Alberta Court of Appeal and the Supreme Court of Canada both ordered a new trial.

Barton’s attorney Dino Bottos told reporters outside of court on Tuesday that if the judge agreed to an overturn of the trial, it would essentially overturn the second trial.

“It did not result in a verdict and it gives the Crown the prerogative to prosecute the accused again. “

He added that the defense came into possession of a document which raised “concern” following the verdict.

Bottos said he could not discuss the contents of the document due to the publication ban.

Barton remains in custody. After the conviction, the court was informed that it would not seek bail for financial reasons.

This report by The Canadian Press was first published on June 1, 2021.

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This story was produced with the financial assistance of Facebook and the Canadian Press News Fellowship.