Law360 Canada ( March 1, 2023, 6:43 AM EST) -- Appeal by Merritt from her conviction for first degree murder of Harrison; appeal by Fattore from his convictions for first degree murder of Harrison and his mother, Bridget Harrison (Bridget). Merritt was the former wife of Harrison and Fattore was Merritt’s common law spouse. Prior to Harrison’s death, he was engaged in an ongoing and bitter custody and access dispute with Merritt relating to their two children. Previously, Harrison’s parents, Bill and Bridget, who became embroiled in the custody dispute, also met untimely and sudden deaths in the same home where Harrison died. Compelling forensic evidence linked Fattore to Harrison’s death. He was ultimately charged with first degree murder in all three deaths. There were significant questions relating to the cause of Bill’s death, and Fattore was acquitted on that charge, but he was convicted of first degree murder in the deaths of Harrison and Bridget. Merritt was tried jointly with Fattore for first degree murder of Harrison and Bridget, on the theory that she encouraged Fattore to murder them. Merritt was acquitted in the death of Bridget but was found guilty of first degree murder in the killing of Harrison. Fattore claimed in his appeal that the trial judge erred in admitting into evidence a police statement in which he confessed to the planned and deliberate killings of both Bridget and Harrison. Merritt argued that the trial judge misdirected the jury on the use it could make of an intercepted statement she made (airport intercept statement), that was transcribed as partially unintelligible. She also argued that the trial judge erred in his jury instruction relating to the use as circumstantial evidence of her guilt, of her omission to mention in two police statements that on a family mall visit the evening before Harrison’s body was found, Fattore went to a Walmart store to purchase shoes (Walmart omissions). Video evidence was subsequently presented at trial showing Fattore, alone, purchasing the shoes at the Walmart, as well as forensic evidence linking those shoes to Harrison’s killing....