Jan 8, 2024; Philadelphia, Pennsylvania, USA; Philadelphia Flyers goaltender Carter Hart (79) against the Pittsburgh Penguins at Wells Fargo Center. Mandatory Credit: Eric Hartline-USA TODAY Sports
A new jury will be selected later Friday
A mistrial has been declared Friday in the high-profile sexual assault case involving former Philadelphia Flyers goaltender Carter Hart and four other members of Canada's 2018 World Junior Hockey team.
The decision came on the morning of the third day of the trial, which began Wednesday following jury selection on Tuesday in London, Ontario.
Hart, along with Michael McLeod, Alex Formenton, Dillon Dube, and Cal Foote, had each pleaded not guilty to charges stemming from an alleged incident in June 2018 following a Hockey Canada gala. McLeod faced an additional charge of being a party to the offense.
The trial was halted early after the prosecution's first witness began testimony, leading to legal discussions outside the presence of the jury.
On Friday, Ontario Superior Court Justice Maria Carroccia dismissed the jury and declared a mistrial, paving the way for a new trial. Due to a publication ban, the reasons behind the mistrial remain confidential.
Carroccia said selection of a new 14-person jury would begin later on Friday.
In her opening statement, prosecutor Heather Donkers outlined the Crown's case, alleging that the complainant, after consuming approximately eight alcoholic drinks at a bar, engaged in consensual sex with McLeod.
(Editor's note: "The Crown" is what the prosecution is referred to as in the Canadian courts.)
Subsequently, McLeod allegedly invited several teammates into his hotel room, leading to further sexual acts - including oral sex with Hart, McLeod and Dube, in which the complainant did not affirmatively consent to partake.
Donkers emphasized that the complainant, who was intoxicated and felt overwhelmed, complied out of fear and confusion rather than willingness. The prosecution contends the accused failed to ensure affirmative consent and "just did what they wanted."
In her statement, Donkers said upwards of 10 men were in McLeod's room at various points of the evening.
Hart, a native of Sherwood Park, Alberta, was drafted by the Philadelphia Flyers in 2016 and played with the team until taking an indefinite leave in January 2024 for personal reasons.
Following the charges, he did not return to the Flyers, and the team did not extend a qualifying offer, making him an unrestricted free agent as of July 1, 2024.
The case has drawn significant attention, highlighting ongoing concerns about sexual misconduct in sports and the responsibilities of governing bodies like Hockey Canada.
