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~t ~~ 26- PORT PERRY STAR - Tuesday, July 28, 1998 "Scugog's Community Newspaper of Choice" Scugog man denies robbing Manchester coffee shops By John B. McClelland Port Perry Star A Scugog Township man has pleaded not guilty to nine charges stemming from two donut shop robberies last year in Manchester. James Edward Wells, 21, entered the pleas when his trial opened on Monday in Ontario Court in Whitby. Wells' lawyer, Tom Balka, has entered a challenge against the charges under Canada's Charter of Rights. Mr. Balka told Judge Harry LaForme at the outset of the trial the Charter challenge will pertain to a search by police without a warrant at the Manchester residence of Wells' parents, where the accused was living at the time. That search took place a short while after the Sept. 23 robbery. The two robberies were July 14 at Coffee Time and September 23 at Country Style. ells faces two charges of robbery, two of possession of a dangerous weapon during a crime, and two of wearing a disguise during a crime. He also faces three charges from an incident last Aug. 5 of robbery against a male clerk who was on duty the night of the Coffee Time hold-up, using a weapon, and uttering a death threat against that clerk. Two Durham officers provided security in the court room and the accused was in wrist cuffs and an ankle chain throughout the pro- ceedings Monday. He is being held in custody. Crown Attorney Cindy Johnston called two witnesses on Monday, both Durham Police officers. Const. Art Plank testified that he was the first on the scene after the Country Style hold-up Sept. 23. When he entered the restau- rant about 2:40 in the morning, the female clerk immediately told him: "I know who (the robber is). It's James Wells." Const. Plank said several times during his testimony that the clerk was "very certain" about the identity, even though the suspect was wearing a dark toque, dark clothing and a neck warmer pulled up to his nose. The officer testified that the clerk told him she could "tell by his eyes" that it was Wells. Court heard later that she had gone to school with him. SBR VICE & bs IMN kos DIRECTORY During the robbery the man carried a small green plaséic bag in one hand and two knives, one large and one small, in the other. He got away with a quantity of bills and coins. The clerk was not physically harmed during the robbery. Det. Doug Park told the court that early in the morning of Sept. 23 when the call from Const. Plank came over the police radio identifying Wells as the suspect in the rob- bery, he parked in the vicinity of Wells' par- ents home, about a quarter mile from the donut shop. A short while later, Det. Park and Constables Prentice and Hunter knocked on the door of the home. A man answered and identified himself as James Wells Det. Park told the court that just prior to the arrest, Wells' father Michael came to the door to ask the officers what was going on. He was told his son was about to be arrested for robbery and one of the officers read the accused his rights in his father's presence. After Wells was placed in a cruiser, Det. Park said he and Const. 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Park said he did not take the clothing found in the dryer because Mr. Wells first wanted to speak to a lawyer. Det. Park testi- fied he found out later that Const. Prentice had removed the neck warmer which had been found in the bedroom. The trial is expected to last the remainder of this week with the Crown to call up to a dozen witnesses. Your One Stop Directory Selgslellle[ele Me) VaNglIo}S Leading Business And Professional Services Call today for information on how your business can be listed on this page. ALUMINUM CONTRACTORS A Windows ing Siding, Eavestroughs, Florida Rooms Allen's Siding en HOLA CYR GE 085-3333 Be, Authorited Renovator CONSUMERS GAS 0 ..for free estimates call Rob or Mike i Pe ona oF) Fm (125 DRIVER La? Ne WATT Associates Inc. DRIVER | TRAINING | | CENTRE | Wed. & Thur. Evenings 6:00-9:10 (Call For Information) LATCHAM CENTRE PORT PERRY 985-4547 Ministry of Transportation Approved Courses A.OPPERS LTD. 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