David Kuntz-Angel was convicted of numerous sex charges involving an underage complainant. In BC Supreme Court on Nov. 18, 2019 he applied for a mistrial, questioning the “mental faculties” of Justice Neill Brown. (Twitter/Brantford Expositor)

David Kuntz-Angel was convicted of numerous sex charges involving an underage complainant. In BC Supreme Court on Nov. 18, 2019 he applied for a mistrial, questioning the “mental faculties” of Justice Neill Brown. (Twitter/Brantford Expositor)

Chilliwack’s David Lee Roth impersonator applies for a mistrial in underage sex case

David Kuntz-Angel convicted in August but now questions BC Supreme Court Justice’s ‘mental faculties’

A B.C. Supreme Court Justice’s mental faculties were put under question on Monday by a Chilliwack man convicted of sexual interference with an underage female.

David Kuntz-Angel was scheduled for a sentencing hearing following his conviction in August on two counts of sexual interference, two counts of invitation to sexual touching, one count each of assault and uttering threats.

• READ MORE: Chilliwack’s David Lee Roth pretender convicted of sexual interference of underage girl

• READ MORE: Chilliwack man wanted for sex crimes dating back to 2006

Instead of a sentencing hearing, however, defence counsel Chantal Paquette advised the court she was asking the court to consider a mistrial, citing questions over the mental health of Justice Neill Brown who convicted Kuntz-Angel after a 20-day trial.

Justice Brown was not in court on Monday, instead the case was being heard by Justice Dev Dley out of Kamloops. His status is unclear and an emailed request for information to the Supreme Court’s communications officer was not immediately responded to.

“We do need to inquire about how to get information as to why Justice Brown was replaced and I make those inquires because observations throughout the course of the trial have raised, in my view, legitimate concerns about the mental faculties of Justice Brown and that they may have been impaired and they may have impaired his ability to preside over the trial,” Paquette told the court.

Crown counsel Michelle Wray responded firstly that this was a “very uncommon” application, adding that her office had only been served with notice on Thursday so did not have a strong position.

Wray did say that Crown had not made similar observations in the trial regarding Brown’s mental faculties, something that was not addressed by any parties during the trial or by those in the gallery.

“We do not support [the] allegations that Justice Brown was suffering from mental impairment in the trial,” Wray said, adding that the Crown also did not support Paquette’s request to get personal information about Justice Brown’s health, or to inquire why he is no longer presiding over the case.

“I have some concerns this is an appeal masquerading as a mistrial application,” Wray said.

Kuntz-Angel faced 12 charges in total during the trial that involved his grooming the complainant from the age of eight to 19 when she complained to police. Justice Brown acquitted him of sexual exploitation, sexual assault, assault causing bodily harm, and one count of procuring. But he convicted Kuntz-Angel of the most serious charges.

Going by David Kuntz-Angel in the court system, the 54-year-old has too many aliases to list, not least of which is David Lee Roth, the former lead singer of American rock band Van Halen, whom he has pretended to be in numerous situations over the last 20 years from Ontario to Chilliwack.

Kuntz-Angel was accused of grooming the complainant from the age of eight to 19 when she complained to police. A number of witnesses were called who testified to seeing the couple in highly inappropriate situations. The complainant herself spent considerable time on the stand in often uncomfortable circumstances.

At the end of trial, Justice Brown found the victim’s testimony to be credible and he credited her summoning the courage to testify. Kuntz-Angel, however, was found to be “obsequious” at times and “condescending” at others.

After the brief submissions on the mistrial application in court on Nov. 18, Justice Dley said he would make no immediate decisions, rather he ordered the Crown and defence to see if they could resolve matters. If not, the next step would move forward with the mistrial application, a somewhat unique situation that may prove precedent-setting in the courts.

Given Paquette’s submission that she observed behaviour in the trial that questioned Justice Brown’s mental faculties, she pointed out that she might have to be a witness at a mistrial hearing meaning she would have to step down as defence counsel.

Justice Dley laid out the consequences of a mistrial hearing, which he pointed out should be apparent to everyone. First of all, if a mistrial was declared, the entire proceedings would have to be commenced again.

He also pointed out that Kuntz-Angel is in jeopardy for all the original charges again, even those for which he was found not guilty, and for the Crown it means presentation of all evidence again.

“And that is always difficult for a victim, to relive the events that form the basis for these charges,” Dley said.

See www.theprogress.com for more on this story, including updates on when the file will be back in court.

• RELATED: OPINION: When observation affects what is observed


@PeeJayAitch
paul.henderson@theprogress.com

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

 

David Lee Roth (left) and the Chilliwack man who for years has impersonated him, David Kuntz-Angel (right). Kuntz-Angel was convicted of the most serious charges he faced involving sex with an underage girl in August 2019, but on Nov. 19, 2019 he applied for a mistrial. (Twitter/Brantford Expositor)

David Lee Roth (left) and the Chilliwack man who for years has impersonated him, David Kuntz-Angel (right). Kuntz-Angel was convicted of the most serious charges he faced involving sex with an underage girl in August 2019, but on Nov. 19, 2019 he applied for a mistrial. (Twitter/Brantford Expositor)

Just Posted

Sam Darkoh in his music video ‘Ruby Fever’ which was shot in Yarrow. (Sterling Gold Production)
VIDEO: Yarrow, Chilliwack backdrop for professionally shot music video of Aldergrove rapper

Lots of hospitality, kind people while filming Ruby Fever, says hip-hop artist Sam Darkoh

Brian VanGarderen is one of four candidates running in the Chilliwack School Board byelection on Feb. 13, 2021. (Submitted photo)
VIDEO: Chilliwack byelection candidate would like to see district-wide connections

Brian Vangarderen hopes Chilliwack school board will focus on policy making and positive connections

Chilliwack is expected to be among the province’s hottest real estate markets in 2021. (THE CANADIAN PRESS/Sean Kilpatrick)
Chilliwack housing market projected to be among B.C.’s hottest in 2021

B.C. Real Estate Association projects Chilliwack and District to grow by 17.1 per cent

Chilliwack-Kent MLA Kelli Paddon. (Submitted)
Chilliwack-Kent MLA Kelli Paddon funding equity and social change scholarships

One of the scholarships is open to any graduating student in the Chilliwack-Kent electoral district

Eva Pucci Couture in this file shot from May 29, 2019, when she came to Chilliwack asking for the public’s help in locating her missing son, Kristofer Shawn Couture. (Jenna Hauck/ Chilliwack Progress file)
Missing man’s mom still hopeful, 2 years after his car was found abandoned at Chilliwack trail

‘I wish someone would come forward with insight into your whereabouts,’ pleads mom of missing man

Dr. Penny Ballem, a former deputy health minister, discusses her role in leading B.C.’s COVID-19 vaccination program, at the B.C. legislature, Jan. 22, 2021. (B.C. government)
B.C. holds steady with 407 new COVID-19 cases Tuesday

14 deaths, no new outbreaks in the health care system

B.C. Premier John Horgan listens during a postelection news conference in Vancouver on Sunday, Oct. 25, 2020. THE CANADIAN PRESS/Darryl Dyck
30% of B.C. recovery benefit applications held up in manual review

The province says 150 staff have been reassigned to help with manually reviewing applications

Adam Dergazarian, bottom center, pays his respect for Kobe Bryant and his daughter, Gianna, in front of a mural painted by artist Louie Sloe Palsino, Tuesday, Jan. 26, 2021, in Los Angeles. (AP Photo/Jae C. Hong)
Kobe Bryant’s presence remains strong a year after his death

Tuesday marks the grim anniversary of the crash that took their lives

Surrey RCMP are investigating after a pedestrian was struck and killed at 183 Street and Highway 10 Friday night. (File photo)
RCMP officers wearing face masks to curb the spread of COVID-19 stand by. (THE CANADIAN PRESS/Darryl Dyck)
RCMP appeal for witnesses after hit-and-run leaves girl, 17, in critical condition

The Metro Vancouver teenager was found unconscious and critically injured after being hit: police

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

The Brucejack mine is 65 km north of Stewart in northwestern B.C. (Pretivm Photo)
B.C. mine executives see bright gleam in post-COVID future

Low carbon drives demand for copper, steelmaking coal

In this Dec. 18, 2020 photo, pipes to be used for the Keystone XL pipeline are stored in a field near Dorchester, Neb.  THE CANADIAN PRESS/AP-Chris Machian /Omaha World-Herald via AP
Canadians divided over Keystone pipeline, despite U.S. president’s permit pullback

Two-thirds of Canadians think Biden’s decision was a “bad thing” for Alberta

Langley activist Dorscie Paterson celebrated her 108th birthday on Monday, Jan. 25 at the Cedar Hill long term care facility. Because of the pandemic, she remained inside, able to see, but not shake hands with visitors. (Dan Ferguson/Langley Advance Times)
VIDEO: Celebrating a 108th birthday without physical contact

Pandemic required Langley woman to stay behind a window

Most Read