NAPANEE, Ont. -- Say this much for one of the mystery boyfriends in the murky case against David Frost: He has quite the imagination, and not much of a memory.
The boyfriend, a former NHL player who cannot be identified by law, denied yesterday what numerous witnesses have already testified to in the sexual exploitation trial against Frost, the former junior hockey coach.
He emphatically denied that he was involved in any threesomes during the 1996-97 hockey season in Deseronto, while other witnesses, including the key witness for the prosecution, Jennifer Hicks, his former girlfriend, went into graphic detail of threesomes that included and were directed by Frost.
He emphatically denied he had ever been touched by any man sexually and had never had any sexual experience with Frost. "I recall events as I recall them," said the boyfriend, now 28 and no longer a professional player.
Previously, two female witnesses and a former teammate testified under oath that Frost, the boyfriend and one of their girlfriends had engaged in sexual threesomes during that hockey season.
He then went on to say that events that numerous prosecution witnesses testified to never in fact happened. Four witnesses earlier testified that Frost assaulted Mike Danton (then Jefferson) in the dressing room during the playoffs of 1997. "I do not recall that."
When an incredulous Crown attorney, Sandy Tse, repeated his question, the boyfriend answered: "If somebody says that, that's news to me."
The boyfriend, in fact, denied being the boyfriend of Hicks, who testified she was in a relationship with him from 1996-2001. "I was 16," he said. "It worked. She worked.
"Bad as it sounds it mainly was (about sex) ... I understand, I used her. I had very selfish intentions ... Do I feel guilty about it? A little bit."
For a relationship that apparently wasn't a relationship, the boyfriend over the years paid for Miss Hicks' cellular phone, her university tuition and books, bought her a used car, took her on numerous trips and had her live with him when he played in the American Hockey League but complained of being "lonely."
The boyfriend also apparently contradicted himself in testimony: When asked about Frost being present when he and Miss Hicks were at his American condo, he said Frost had never been there. When asked in cross examination about bringing his parents to his home for Christmas, he said his parents stayed in a hotel because Frost was at the condo.
This is how weird and twisted the case against Dave Frost has gone:
Yesterday, the two main complainants named in the case testified for the defence. No one could remember this ever happening before.
They didn't just testify. They were the only witnesses called by the defence, which rested its case late yesterday afternoon. Defence attorney Marie Henein has been steadfast from the beginning that the sexual control and threesomes Frost is alleged to have taken part in with minors never did happen.
The male witnesses named in the charges say that much. The females say the opposite. Now, with closing arguments scheduled for Monday, Mr. Justice Geoffrey Griffin must determine who is telling the truth and whether the prosecution did enough to prove its case.
The defence did not appear to gain anything, really, from the male witnesses called, who seemed intent on throwing curveballs against all the testimony court had previously heard. The one boyfriend who didn't play in the NHL did admit to partaking in threesomes during the season in Deseronto, just not with Frost.
He said that Mike Danton was the third party involved, and that was convenient: Naming someone who is currently imprisoned in Minnesota was at least clever on his part. But the boyfriend didn't tell that to the police in an interview with the OPP in 2006.
"You lied to the police," said Mr. Tse.
"Yep," said the boyfriend.
"You're saying the reason you lied to police was to protect Mike Danton?"
Just how telling the police that Danton engaged in a threesome in 1997 would influence anything to do with the seven years he is currently spending in prison for pleading guilty to attempting to have Frost killed is a study all its own. In her earlier testimony, Kristy Boyer talked about her first threesome with her boyfriend and said she had hoped the third person would have been Danton. It was instead Frost, she insisted.
A decision on the non-jury case will come on November 28.