Content warning: the following story contains graphic descriptions of sex and violence.
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The murder trial for a former Saskatchewan RCMP officer caught the attention of media across the country and was described by multiple reporters as something out of a Hollywood movie or a TV legal series. In addition to the alarming details heard inside the courtroom, there were also some dramatic moments outside the building as well including a photographer being physically confronted by the accused.
Bernie Herman, 55, is facing a charge of first-degree murder in the May 2021 death of 26-year-old Braden Herman. The two men, who also have connections to the La Loche area are not related and were involved in a sexual affair from the time they first met through social media in 2018.
Over five years later, the victim’s naked body would be found in a secluded area, just south of Prince Albert’s Little Red River Park and there was a gunshot wound entry through the left upper arm. The bullet itself was later removed from the victim’s liver.
Bernie’s trial started in early December at Court of King’s Bench in Prince Albert and lasted for just over a week. For three days, the Crown called 10 witnesses, ranging from investigators and forensics experts to Bernie’s wife and daughter.
Among the more compelling pieces of evidence from the digital forensics investigator, who analyzed Bernie’s personal and work phones, was the 59 times he had called Braden on the day of the incident. One of these calls was captured on video through the use of a second phone, and recorded Bernie calling Braden a “parasite” and Braden telling Bernie “I love you.”
Cell phone data also revealed signs of a marriage in distress and a relationship that continued long after it was told to end.
On the witness stand, Bernie’s wife Janice described a violent and abusive Braden, claiming to live in fear while he lived at their house for about a year and afterwards. And yet, despite a no-contact order, several photos were shown for the court and later through social media, showing the two partying together on numerous occasions including the night prior and the morning of the incident. Just hours before Braden would be picked up by Bernie, Janice Herman herself brought alcohol to the residence where he and a friend were hanging out.
Jada Herman, Bernie’s daughter, was also living in the family’s house when Braden was there and recounted how everything was fine at first but got weird, describing seeing her dad and Braden holding hands and sitting close together on the couch. When asked if she was witness to any of Braden’s violence. She replied no and said she only heard about it.
In turn, the defence called only one witness – the accused.
Bernie Herman, who had attended an ATV course earlier that day, and left for home still wearing his uniform and duty belt, testified to calling and picking up Braden later at an address in the city. His explanation for the phone call was to get answers to what Braden and his wife had talked about.
After getting coffee at Tim Horton’s, the two men were observed in the drive-thru at the nearby Dairy Queen. Bernie testified that’s where he was physically forced by Braden to give oral sex.
From there, the two men drove out towards Little Red River Park, turning off towards the ballpark before taking a left turn down a bush trail. Bernie claimed to know Braden wanted to have sex.
After parking and exiting the vehicle, Bernie then testified Braden, who was now fully undressed, attacked him. Braden then allegedly became more upset when Bernie showed no signs of being aroused. It was during the ensuing physical struggle, and while Braden was bending over and picking up some sort of unknown object, that Bernie’s gun suddenly went off. Bernie however claimed to have no memory of drawing his gun and told the court he feared Braden was planning to use some sort of weapon.
Bernie’s next memory was watching Braden fall to the ground, and that’s when Bernie said he panicked and drove to an area near the City’s airport. Roughly an hour later, while contemplating suicide and allegedly holding a gun to his head, he called a friend and colleague to explain what he had done. Bernie also texted his wife. He then drove to a friend’s house north of the city and was arrested after handing over his duty belt and gun. It was also Bernie who told police where they could find the victim’s body.
Discussing his sexual relationship with Braden, Bernie said it was not always consensual and claimed to be forced to have sex with the younger man or face violent repercussions. Bernie even cited one example where he had to go to the hospital to get stitches.
Bernie maintained on the day of the incident he had no intention to hurt Braden.
During cross-examination, Crown Prosecutor Jennifer Schmidt inquired how Bernie could remember what they had ordered at Dairy Queen but not the object Braden was holding or even how he pulled his gun from his duty belt. Schmidt also questioned how a trained RCMP officer could be fearful and submissive to someone half his age, especially within his own home.
Schmidt was also critical of Bernie’s claim he was attacked, asking why he never brought this up to anyone when he first spoke to his friend or when interviewed by police.
During the final arguments portion of the trial, Defence lawyer Darren Kraushaar stated the prosecution had failed to prove intent, and claimed Herman’s memory loss can be attributed to his struggles with PTSD and being involved in a very stressful situation. Kraushaar also described the tragic chain of events that occurred on May 11, 2021, as a comedy of errors.
Before his resignation in June 2021, Bernie Herman had been a member of the RCMP for over 30 years and was most recently working with the traffic division at the Prince Albert detachment.
He’s also worked in La Ronge and Beauval.
The case has been reserved to Jan.25th for a verdict.
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Nigel.maxwell@pattisonmedia.com
On X: @nigelmaxwell