A screen grab from security camera footage from Jack’s bar in London, Ont., following a Hockey Canada gala in June, 2018, shows Michael McLeod dancing with the woman known publicly as E.M., whose identity is protected by a publication ban. E.M.’s hand is visible near Mr. McLeod’s waist.Ontario Superior Court of Justice
Defence counsel representing one of the five former world junior hockey players on trial for allegedly sexually assaulting a woman in a hotel room in London, Ont., in 2018 presented an alternative version of events to the jury Tuesday, in which the complainant – not the players – instigated the sexual activity.
During a day-long cross-examination, lawyer David Humphrey alleged that the complainant – who is known publicly as E.M. – asked his client, Michael McLeod, for a “wild night,” and urged him to invite some of his friends to his hotel room to engage in sex acts.
E.M., who has testified she was feeling very drunk and has memory gaps, told Mr. Humphrey: “That doesn’t sound like something that would come out of my mouth.”
Mr. Humphrey also suggested to E.M. that, in the hotel room, she was the one who was goading the players, saying things like “someone have sex with me.” Under questioning, E.M. said she remembered hearing players commenting that she was being “effing crazy.”
E.M., now 27, told the court she did not recall inviting sexual activity and doesn’t believe she did. However, when pressed, she conceded it was possible.
“With how drunk I was, and the comment that I was hearing the men make about this girl being ‘effing crazy’ maybe I was saying things like that,” she said. “But I can’t – I have no memory of that. And I just know that’s not how I would usually be acting and if they could see that I was out of my mind, acting that crazy, then I feel like they just should have known better.”
The narrative put forward by Mr. Humphrey on Tuesday marks the first time the public has heard the account of any of the accused players.
It aimed to upend the version of events E.M. laid out earlier this week, in which she testified that she felt she had no choice but to go along with the players’ demands.
On Monday, E.M. testified that she felt “scared” and “confused” when other men began showing up at the hotel room, after she had consensual sex with Mr. McLeod. She alleged that these men told her to lie down on the floor and then began instructing her to perform various sexual acts. She said at this point she felt like her mind and body separated.
Mr. McLeod, Carter Hart, Alex Formenton, Dillon Dubé and Cal Foote are each accused of sexually assaulting E.M. in the early morning hours of June 19, 2018. Mr. McLeod faces a second charge of being a party to sexual assault.
Each has pleaded not guilty.
During Mr. Humphrey’s cross-examination of E.M.’s earlier evidence, the defence lawyer took the jurors through the events of the night in question, starting at Jack’s bar, which is where Mr. McLeod and E.M. met.
Mr. McLeod and the others were in London for a Hockey Canada gala, celebrating their gold-medal win at the world championships earlier that year. After the event, some members of the team went partying at the bar.
Court was shown videos of E.M. dancing and drinking with Mr. McLeod and, at times, with other players. Mr. Humphrey suggested to E.M. that she “liked the physical attention from Mr. McLeod and his friends.”
E.M. replied that she felt “flattered,” although a bit uncomfortable, as she wasn’t used to receiving that kind of attention.
The defence lawyer questioned E.M. about the extent to which she understood that the men were elite hockey players, who were likely to soon play in the NHL. Mr. Humphrey presented E.M. with statements she made to police, in which she suggested she was unaware of this fact.
E.M. previously told police that someone at the bar told her Mr. McLeod was “loaded” and a “good guy” but she does not recall hearing anything about the fact he was a champion hockey player. Mr. Humphrey alleged E.M. was purposefully downplaying her knowledge of this.
“I’m going to suggest that part of what made Mr. McLeod attractive to you is that he was an elite hockey player and he was loaded,” Mr. Humphrey said.
“That didn’t really impact anything for me,” E.M. replied.
E.M. testified that she believes she was aware at the time that the men played hockey, however she assumed it was at a recreational level.
It was one of several instances in which Mr. Humphrey asserted that E.M. had contradicted or revised previous statements made to either police, Hockey Canada investigators or the jury.
In another example, Mr. Humphrey showed E.M. photos of her dancing on the dance floor in which her hand was near Mr. McLeod’s waist. In statements to police, the defence lawyer said E.M. had told investigators that the players were forcing her to grab their crotch.
Court was also shown a number of videos of E.M. leaving Jack’s and then arriving at the nearby Delta Armouries hotel. Mr. Humphrey noted the footage showed her “skip” up a set of stairs in the lobby in heels, which he highlighted as evidence of her level of sobriety. (Court has heard she had consumed about eight drinks at the bar.)
E.M. testified she was experienced walking in heels and was likely working very hard to appear sober.
Court has previously heard that, after Mr. McLeod and E.M. finished having consensual sex, Mr. McLeod was on his phone inviting teammates to the room, including one message that read: “who wants to be in a 3 way quick. 209 – mikey.”
But on Tuesday, Mr. Humphrey asserted that Mr. McLeod had been on his phone ordering food, when E.M. noticed this and said “something along the lines, ‘have some of your friends come back to have some fun.’”
E.M. said she had no memory of this.
Mr. Humphrey continued, suggesting she wanted Mr. McLeod to invite his friends back to the room, because she was interested in having sexual interactions with them, after having a good time with the men at Jack‘s.
He again suggested she said something like: “Get some of those guys back here. I want to have a wild night.”
E.M. expressed skepticism that she would ever say something like that.
According to the defence lawyer, Mr. McLeod asked E.M. if she was “serious” about inviting his teammates, and she told him that she was.
E.M. again said she had no memory of this.
When the players arrived, E.M. has said she was “shocked.”
She was naked on the bed at the time and testified that she likely laughed at the awkward situation when they came into the room. Mr. Humphrey noted that E.M. did not put her clothes on.
“I’m going to suggest that the reason why you were just waiting in the bed without your clothes on is you were waiting to see if others would come to the room in response to an invitation Mr. McLeod sent out on your behalf,” the lawyer said.
E.M. said if that was the case, she wouldn’t have been “shocked” when players started arriving.
The cross-examination continues Wednesday.