Hockey Canada trial: Carter Hart’s memory challenged by the Crown during cross-examination
The former Flyers goalie was back on the stand Friday, a day after testifying in his own defense.
Former Flyers goalie Carter Hart was back on the stand in a London, Ontario, courtroom on Friday, as he faced cross-examination from the Crown, acting as the plaintiff, and its attorney, Meaghan Cunningham.
Hart, who is one of five former professional hockey players accused of sexually assaulting a woman in 2018 after a Hockey Canada banquet inside a London, Ontario, hotel room, provided his recollections from that night on Thursday.
On Friday, it was the Crown’s turn to question Hart and challenge some of his testimony.
» READ MORE: Former Flyers goalie Carter Hart testifies in Hockey Canada sexual assault trial
Hart, Alex Formenton, Cal Foote, Dillon Dubé, and Michael McLeod have pleaded not guilty after being charged with sexual assault last February. McLeod, who declined his opportunity to take the stand, is charged with an additional count of sexual assault for being “party to the offense,” or aiding a sexual assault.
According to TSN, one of the media outlets inside the courtroom, Cunningham’s line of questioning centered on Hart’s ability to say with certainty that everything was consensual, even though he was, in his own words, “pretty drunk” and unable to remember other things during his time in McLeod’s London hotel room. On Friday, Hart acknowledged that he had gaps in his memory from June 18-19, 2018, the night and early morning in question.
“You spent more time in that room doing things for which you have no memory than doing things for which you have a memory,” Cunningham said.
“I’m not sure,” Hart answered.
“You know for sure you never felt like things were getting out of hand in that room?” Cunningham asked.
“Yes,” Hart answered.
“Even though you can remember less than half of what took place in the room?” Cunningham asked.
“Yes,” Hart answered.
Hart testified Thursday that as many as eight players were in the hotel room, but that he couldn’t remember who all of them were. He also said he didn’t remember if he was in the hotel room when McLeod recorded a video with the woman in the wee hours of the morning.
On Friday, the Crown played that video, which picked up audio of Hart telling the group of players he would invite another one of his teammates to the room. Hart said Thursday that he invited this teammate to the room because he was “single.”
According to the New York Times, Cunningham pressed Hart about why someone would ever need to film videos asking for consent if there was any question about whether something was consensual.
» READ MORE: What to know about Carter Hart's sexual assault trial
Hart responded by saying that “lots of professional athletes have done those things before.”
He also testified that he was sure none of his teammates degraded or treated the woman disrespectfully. The woman testified earlier in the trial that after she had consensual sex with McLeod, he invited teammates to his room without her consent, and that she was sexually assaulted for hours there. She alleges that players intimidated, spat on, slapped, and degraded her.
“I don’t think anyone would have done anything to hurt her,” Hart testified this week. “I think if something happened that she didn’t want, I would have put a stop to it. Other guys would have. I wouldn’t have stayed in the room as long as I did.”
Hart testified Friday that he texted a team group chat after 1 a.m. on June 19, suggesting they should go to a strip club. He said he did not receive a response.
Around an hour later, McLeod sent the following text to the group: “Who is up for a 3 way quick?”
“I’m in,” Hart answered at 2:19 a.m.
Hart said he presumed the woman was on board with what McLeod was suggesting and that he didn’t take it to mean the whole team would participate in sexual acts with the woman.
“Why assume that?” Cunningham asked.
“Usually, most people don’t send out a text if you have a person who is not agreeing to it,” Hart testified.
“You’re just assuming that he wouldn’t make that invitation if it wasn’t something she’d be interested in?” Cunningham asked.
“That’s correct,” Hart said.
“You were putting a lot of faith in your friend Mr. McLeod to set something up that was morally acceptable to you,” Cunningham asked.
“Yes,” Hart said.
The former Flyers goalie, who is no longer under contract with the team, testified Thursday that he asked for and received oral sex from the woman after she agreed.
Hart’s cross-examination finished Friday, and the trial will resume Monday. While McLeod declined to testify, it is unknown if any of the other three players charged will take the stand.