Lawyer for ex-world junior player accused of sex assault questions woman about how much she had to drink

Brown shows E.M. videos from Jack’s bar. He points out the chronology seen on video is different than what she described in her 2022 statement to Hockey Canada.

For example, she guessed back then that she danced for a short time — maybe 15 minutes — and men bought her drinks all night.

Video shows E.M. dancing for one minute and going to the bar with a friend before buying two more shots.

“I just want to be really clear here,” Brown says. “I’m not trying to trick you into saying something. You are acknowledging that your best memory was wrong.”

E.M. says that’s not really true. She says it's impossible to have a "complete recollection of every single second” of that night.

Her 2022 statement was a high-level reconstruction, she says, not a minute-by-minute play by play.

Brown has been showing E.M. videos from Jack’s bar. She’s seen doing a shot of vodka or tequila with a friend.

Brown asks E.M. to open an envelope in her CCTV room where she’s under cross-examination. In it is a small plastic shot glass, which he says came from Jack’s.

He also shows the one-ounce shot glass to the jury and it is entered as an exhibit in the trial.

Brown summarizes E.M. had had the following to drink by about 11:20 p.m. or 11:40 p.m. ET in 2018: Two coolers at home, two Jägerbombs, a vodka or tequila shot and a vodka soda.

Inside, Brown has resumed his cross-examination from yesterday as proceedings get a testy start.

He tells E.M. she has been testifying for such a long time because she’s “not directly responding” to the questions he’s asking.

He tells her to just answer, for example, “I agree.”

She says that’s fine, but “it’s also my time to stand up for myself when I couldn’t that night, if that’s all right.”

“No, that’s not all right,” Brown says.

Justice Maria Carroccia tells E.M. to “just answer the questions you’re asked.”

One supporter called out to Brown, Formenton's lawyer, as he made his way into the courthouse this morning.

“Brown?” the woman asked. “Is it you today or your alter ego?

“I guess we’ll find out,” she continued.

“See you inside,” Brown responded.

On Thursday, Brown suggested to E.M. that she had an alter ego known as “Fun” E.M. when she was drinking in 2018.

E.M. appeared uncomfortable about the alter ego notion.

The number of E.M. supporters outside the courthouse has been growing by the day.

This morning, there are about 40 people.

Many chant:

“What do we want?”

“Justice!”

“When do we want it?”

“Now!”

You can also hear shouts of “Shame!” as many carry signs saying “I believe her” and “Stop victim blaming” as the accused men walk into the courthouse with their lawyers.

The jury is brought in through a different entrance so they don’t see the supporters.

London in southwestern Ontario, the city where the alleged assault occurred and where this trial is taking place, has long been considered a hockey town.

Yesterday, the trial for the ex-world juniors players adjourned early because of a street party on Dundas Street, which runs along the back of the courthouse.

Noise from the party and the band’s soundcheck was filtering into the courtroom, and court staff wanted to ensure it didn’t interfere with the court proceedings.

The reason for the street party?

The London Knights hockey team was playing Game 1 of the Ontario Hockey League championship series against the Oshawa Generals. Part of one of London’s main drags was closed so people could watch the game on a big screen, right by the courthouse.

The trial is hearing from the third of five legal teams defending members of Canada’s 2018 world junior hockey team again today.

Dan Brown, who represents Alex Formenton, left off yesterday suggesting the complainant – E.M. – adopted a “fun … alter-ego” as a result of the alcohol she consumed at Jack’s bar in London, Ont., on the night of the alleged assault in 2018.

Brown suggested that alter ego didn’t “think of the consequences” of her behaviour that night.

E.M. agreed she had been drinking, but told the court she should be able to have drinks and take shots at a bar without the night ending in alleged assault.

Another defence lawyer who previously cross-examined E.M. had suggested E.M.’s behaviour led the accused to believe she consented to group sexual activity at the Delta hotel in London.

E.M. said any behaviour of that kind happened on “autopilot” as she tried to grasp what was happening to her.

Court is back in session around 10 a.m. ET.