Prior to his resignation in May 2021, Herman had been a member of the RCMP for over 30 years. (File photo/paNOW Staff)

By Nigel Maxwell

Court proceedings

Former Sask. Mountie’s alleged confession to be allowed as evidence at trial

Nov 29, 2023 | 5:00 PM

A 16-minute phone conversation between a former Saskatchewan RCMP officer and a friend/co-worker, during which the former admits to shooting and killing someone, will be allowed as evidence at the trial that starts next week at Court of King’s Bench in Prince Albert.

Bernie Herman is facing a charge of first degree murder in the May 2021 death of Braden Herman.

Justice Meschishnick was first asked to rule on whether comments made by Herman at the time of his arrest, and whether items seized by officers such as cellphones and the data they contained, should be allowed as evidence. Both applications by the defence were dismissed.

According to a statement made in court in September when the voir-dire hearing started, RCMP Staff Sgt. Chad McLeod, a friend to Bernie and superior officer, received a text message from him, asking for McLeod to call him.

While hesitant at first, McLeod called Herman, and Herman then stated he had done something bad. When questioned by McLeod as to what he meant, Herman then explained he had shot and killed someone and run him over. At the time of the call, Herman was in a state of mental distress.

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“I’m gonna kill myself,” Herman told McLeod, explaining he had a gun pointed at his chin and was ready to “blow his own brains out.”

Braden Herman was 26 years old and has ties to the La Loche area. (Facebook)

During the phone conversation, McLeod was able to convince Herman to come to his family’s home and upon arriving Herman handed McLeod his gun. The two friends then shared a hug and Herman soon after provided the other officer with directions to the wooded area where Braden Herman’s naked body was found.

Arguing McLeod was acting more as a police officer than as a friend, defence lawyer Elise von Holwede stated at no time during the phone conversation was Herman made aware of his right to legal counsel or that comments he made could be used in a court of law.

Holwede had also raised concerns with the way McLeod appeared to direct the incident. In response, Crown lawyer Jennifer Schmidt argued McLeod was in fact acting as a friend.

“If McLeod really wasn’t in that role, what a stupid decision to invite an armed man to your home,” she said, adding McLeod’s only motive was to ensure his friend was safe.

The second part of the voir-dire hearing focused on the fact that pieces of evidence (cellphones) collected by police were seized and searched without the required reports filed to the Ministry of Justice.

Two weeks have been set aside for the trial. On Wednesday, Crown Prosecutor Jennifer Schmidt confirmed for paNOW she plans to call nine witnesses. It’s unclear at this stage if Herman will be called to testify for the defence.

The accused and the victim are not related, but family members have previously compared the relationship to one between a father and son prior to a falling out.

Suggestions have also been made, via courtroom evidence, that the two men may have also had a sexual relationship.

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nigel.maxwell@pattisonmedia.com

On X: @nigelmaxwell