Erick Buhr fired lawyer, requested mistrial before being convicted of grandmother’s death

Erick Buhr fired his lawyer and unsuccessfully requested a mistrial, a week before a jury convicted him of second-degree murder in the death of his grandmother, Viola Erb.

The details of what happened in the courtroom on Oct. 28 can now be reported.

The jury was not present that day. The lawyers and the judge were scheduled to meet to discuss the judge’s instructions to the jury, to be delivered following closing addresses and ahead of deliberations.

Instead, Buhr announced he was seeking a new lawyer and wanted a mistrial declared.

Buhr had testified in his own defense in the days prior. During cross-examination, the crown pointed out numerous inconsistencies in what Buhr said at different times.

Emergency services respond to a home on Sandhills Road on Saturday Sept. 24, 2022. (Dan Lauckner/CTV Kitchener)

For instance, Buhr testified he slept from about 4:00 a.m. until 9:30 a.m. on Sept. 24, 2022, the day of Erb’s death. But cell phone records show he was texting and on the phone during those times. Buhr then said he must have slept in between sending messages and making calls.

When requesting a mistrial, Buhr said his lawyer, Bruce Ritter, had not told him the crown had his cell phone records or that there was body camera footage from the emergency response, that would be used in court.

Buhr also said he had requested detailed GPS data from an ankle monitor he was wearing at the time, and never received it. He said he had briefly reviewed it with Ritter but wanted to study it on his own.

Buhr also said he had wanted photos of his hands, taken at the police station the night of Erb’s death.

An image of Erick Buhr's hand taken by police on Sept. 24, 2022. (Source:court exhibit)

"My testimony would have been much more positive if I had the proper tools to work with,” Buhr said. “The crown had all the cards. I was fighting blind in the most important part of my life.”

"The bodycam footage would have greatly enhanced my memory as to how September 24 transpired. I wouldn’t have looked like a liar... if I would have had my cell records prior to me taking the stand in my own defense.”

The crown opposed the request, prosecutor Jennifer Caskie telling the judge, “It seems to me, your honour, that this is a situation where … Mr. Buhr’s motivation for bringing this mistrial application is to derail a trial that’s going very badly for him and to have a new trial.”

Justice Gerry Taylor granted Buhr’s request to have Ritter removed as counsel of record, but Taylor dismissed the application for a mistrial.

The judge noted that a mistrial is a “remedy of last resort,” and while fairness to Buhr is an important consideration, so is the impact of a mistrial on the administration of justice.

Justice Taylor noted that members of Erb’s family also have an interest in closure, and granting a mistrial would likely mean a delay of a year or more before the case was completed.

Closing addresses, originally scheduled for Oct. 29, were then delayed to Friday, Nov. 1 to give Buhr time to prepare to give his own.

Before the judge left the courtroom that day, Buhr asked, "So you don't agree that my rights have been violated then? My charter rights and freedoms?"

The judge replied, “I’ve made my ruling.”

Buhr continued to press, asking the judge to say on the record he did not agree that Buhr’s rights were violated. Taylor repeated that he had given his ruling.

“I didn’t just ask for a mistrial,” said Buhr.

“But what did you do?” said Taylor.

"I presented a lot of information and evidence that should explain why a mistrial should happen,” Buhr said.

"I’m not going to argue with you, sir,” Taylor replied. “You didn’t present any evidence. You made a bunch of allegations.”