NEWS
08/23/2016 04:54 EDT | Updated 08/24/2017 01:12 EDT

Jury to deliberate for an 11th day at Richard Henry Bain murder trial

MONTREAL — Deliberations at Richard Henry Bain's first-degree murder trial are now among the longest in Canadian history, his attorney said Monday as Day 10 came and went without a verdict.

The lawyer for Quebec's alleged election-night shooter added he is "surprised" by the time being taken.

"I've been doing this 37 years and this is the longest I've ever had," Alan Guttman said outside the courtroom.

He said the lengthy deliberations have already surpassed the time taken to reach verdicts in other notable Canadian murder trials, including those of Luka Rocco Magnotta and Guy Turcotte.

Bain, 65, faces four charges, including first-degree murder in the shooting death of stagehand Denis Blanchette outside the Metropolis nightclub in September 2012 as then-premier designate Pauline Marois was inside celebrating the Parti Quebecois' election win.

Bain also faces three charges of attempted murder.

During the trial, Guttman argued Bain was mentally ill at the time of the shooting and should be found not criminally responsible on all charges.

The Crown, on the other hand, said Bain was of sound mind and that his actions were premeditated and motivated by anger over the PQ victory.

On Friday, Quebec Superior Court Justice Guy Cournoyer pointed out that deliberations can be lengthy when non criminal responsibility is used as a defence, because it requires the jury to assess the accused's mental state.

In the high-profile Magnotta trial in 2014, jurors took eight days before finding him guilty of first-degree murder and rejecting the defence of not criminally responsible.

As the Bain deliberations stretch on, Guttman said there is a possibility some of the jurors are in disagreement.

If ever the jury fails to reach a unanimous verdict, Guttman said he believes Cournoyer would likely first ask them to try again instead of immediately declaring a mistrial.

"In September it's going to be four years, this case," he said. "I don't think anybody wants to do this again," he added, referring to the possiblity of another trial. 

The jury of seven women and five men will return for Day 11 of deliberations Tuesday.

They were last heard from on Friday, when discussions were held over how to prevent a court-issued laptop from erasing their notes.

Although the deliberations appear slow, the length isn't unheard of.

It took a jury almost 10 days to convict Robert Pickton in 2007 in the killing and dismembering of six women from Vancouver's Downtown Eastside.

And in 2002, a jury in Quebec took 11 days to convict former Hells Angels kingpin Maurice (Mom) Boucher of ordering the murder of two Quebec prison guards.