By Troy Gillard/RDNewsNow

NOT GUILTY

Red Deer Mountie acquitted of sexual assault, breach of trust

Jun 22, 2019 | 9:17 AM

A Red Deer RCMP officer has been found not guilty on charges of sexual assault and criminal breach of trust.

Justice Grant S. Dunlop acquitted Jason Tress, 32, on Friday following a week-long trial in Red Deer Court of Queen’s Bench. Dunlop said he believed him and not Melissa Heinrichs, who accused Tress of being vulgar and asking her to show him her breasts while she was in police custody on July 1, 2016.

Heinrichs was 19 when she and her boyfriend were arrested after an employee spotted firearms and smelled marijuana in their south Red Deer hotel room that day. Three RCMP officers, including Tress, responded.

Heinrichs claimed that while they were alone inside a police vehicle Tress said he could see her nipples and made vulgar comments. The vehicle was fitted with audio and video recording equipment that was not activated at the time.

Tress told court that while he did notice Heinrichs was not wearing a bra he did not make any vulgar comments, instead offering to get her additional clothing.

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Heinrichs also claimed Tress coerced her to lift her shirt while they were alone at the downtown Red Deer RCMP detachment inside a fingerprinting room, where there was no video or audio recording equipment.

Tress again denied he did anything of the sort.

Dunlop said he found Tress’s reason for taking her to the fingerprint room – to build a rapport with her – to be reasonable.

He also highlighted several inconsistencies between the testimony Heinrichs gave at a preliminary hearing in October and the one she gave at trial, casting doubt on her credibility.

Notably, Heinrichs said at the preliminary hearing that Tress grabbed her multiple times while in the fingerprint room. At trial, however, she admitted he never touched her. She gave no explanation for her lie.

Dunlop also noted Heinrichs admitted she was going through withdrawal on July 1, 2016 from drugs she consumed the night before, creating serious doubts in her ability to directly recall what happened that day.

“There is no evidence of assault, let alone sexual assault,” defence lawyer Robb Beeman said during closing arguments. “She admitted to lying on matters that go to the very heart of this case.”

Given there was no video or audio recordings of the alleged incidents, Dunlop said he was left dealing with the contradictory evidence provided by the testimonies of Heinrichs and Tress.

“The Crown has failed to establish Tress made vulgar comments, asked her to show breasts, and that she did so,” Dunlop concluded. “Constable Tress said those things did not happen, and I believe him.”

Tress will be back in court next week for trial on a count of criminal breach of trust stemming from another incident involving a female complainant that also happened in 2016.

In November, Tress is scheduled for trial on a count of sexual assault in relation to a third woman from an incident that happened in 2012.

He has been on paid leave from the RCMP since July 2016 and is currently working in the oilfield.