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)

Just Posted

Voters in Saanich North and the Islands, here lining up outside Sidney’s Mary Winspear Centre on the first day of advanced voting. (Wolf Depner/News Staff)
It’s Election Day in B.C.: Here’s what you need to know to vote

B.C.’s snap election has already broken records for advance voter turnout, mail-in ballots

Jeremy Bull, budtender at Dutch Bros. Buds outside the new store on Vedder Road in Chilliwack. (Jennifer Feinberg/ The Chilliwack Progress)
Cannabis retail shops in Chilliwack roll through the pandemic

Opening Chilliwack cannabis store in pandemic was ‘interesting’ says a licensed store manager

Left to right: Sardis Kiwanis Club President Bruce Oakley with nominator Peter Somers, Sovereign’s Medal recipient Brian Cleaver, nominator Derek Fryer and nominator Peter Brown. (Submitted photo)
Chilliwack’s Brian Cleaver wins Sovereign’s Medal for Volunteers

Cleaver is a long-time member of the Sardis Kiwanis Club and a strong advocate for Special Olympics

This plexiglass ticket window pictured on May 19, 2020 is one of four that was installed outside City Hall as a pandemic safety measure. (Jenna Hauck/ The Chilliwack Progress file)
Chilliwack biz sector asked to review safety plans with an eye to improvement

Dr. Henry came out with enhanced recommendations for preventing COVID transmission

Provincial health officer Dr. Bonnie Henry updates the COVID-19 situation, B.C. legislature, Oct. 26, 2020. (B.C. government)
B.C.’s COVID-19 case count jumps by 287, another senior home outbreak

Two more deaths recorded, community outbreak in Okanagan

An untitled Emily Carr painting of Finlayson Point was donated to the Art Gallery of Greater Victoria by brothers Ian and Andrew Burchett. The painting had been in their family for several decades. (Courtesy of the Art Gallery of Greater Victoria)
Never before seen painting by famed B.C. artist Emily Carr gifted to Victoria gallery

Painting among several donated to Art Gallery of Greater Victoria

The B.C. Centre for Disease control is telling people to keep an eye out for the poisonous death cap mushroom, which thrives in fall weather conditions. (Paul Kroeger/BCCDC)
Highly poisonous death cap mushroom discovered in Comox

This marks first discovery on Vancouver Island outside Greater Victoria area

100 Mile Conservation officer Joel Kline gingerly holds an injured but very much alive bald eagle after extracting him from a motorist’s minivan. (Photo submitted)
Rescued bald eagle that came to life in B.C. man’s car had lead poisoning

Bird is on medication and recovering in rehab centre

Janet Austin, lieutenant governor of B.C., was presented with the first poppy of the Royal Canadian Legion’s 2020 Poppy Campaign on Wednesday. (Kendra Crighton/News Staff)
PHOTOS: B.C. Lieutenant Governor receives first poppy to kick off 2020 campaign

Janet Austin ‘honour and a privileged’ to receive the poppy

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

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

Premier-elect John Horgan and cabinet ministers are sworn in for the first time at Government House in Victoria, July 18, 2017. (Arnold Lim/Black Press)
Pandemic payments have to wait for B.C. vote count, swearing-in

Small businesses advised to apply even if they don’t qualify

Court of Appeal for British Columbia in Vancouver. (File photo: Tom Zytaruk)
Sex offender who viewed underage girls as slaves has prohibitions cut from 20 to 10 years

Appeal court reviewed the case of Kyler Bryan David Williams, 29

Most Read