Thursday, April 21, 2011

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Steve and Marlene Truscott, Canada Day, 2006
www.injusticebusters.com/06/Truscott2006_2.shtml

Does anyone really think Truscott was guilty?
Orangeville Citizen, June 2006

IF NOTHING ELSE, the unprecedented Ontario Court of Appeal "review" of Stephen Truscott's murder conviction has demonstrated the wisdom of Canada's abolition of the death penalty and how easily convictions for murder can be obtained in the absence of truly compelling evidence.

Indeed, we would find it more than slightly fascinating to see the results of an opinion poll conducted today based on the simple question: "Do you think Stephen Truscott was guilty of murdering Lynne Harper?"

Our suspicion is that not one in 10 Ontarians who have been following the daily disclosures to the five-judge panel would support the conviction.

In ordering the review, former justice minister Irwin Cotler portrayed it as similar to an ordinary appeal, at which the court may consider whether to weigh fresh evidence and ultimately could decide whether to quash a conviction. In the event it opts to quash, the court in rare instances will refuse to order a new trial, on grounds it's clear that the appellant is innocent, and even more rarely it will order a new trial but caution the Crown against attempting one.

Some of the disclosures last week seem to confirm that Mr. Truscott was the victim of a pathetically biased and inadequate police investigation that was buttressed by selective disclosure of evidence to the boy's lawyers.

Among the crucial pieces of evidence kept from the defence was the fact that the pathologist who conducted the autopsy on 12-year-old Lynne had made three different reports, only one of which concluded that the girl died during the accused's incredibly small "window of opportunity" on the evening of June 9, 1959 - the brief period between the time he was seen giving the victim a ride on his bicycle from their schoolyard and when he was seen returning alone to his Clinton home.

One of the most amazing admissions is the fact that the police investigators seemingly never considered the possibility that the person who raped and murdered a 12-year-old girl was a known sex offender.

We've never seen any suggestion that police or the Crown established a motive for the killing, but even today, juries are told there is no need to show one. And far more recently, no motive was shown when the Crown got a London jury to convict Guy Paul Morin of murdering Christine Jessop.

In our view, every jury in a murder trial where no motive for the killing has been suggested ought to be warned that its absence should make them reluctant to convict without strong incriminating evidence such as DNA or fingerprints on the murder weapon.

It would seem that the main evidence used against Stephen Truscott was the victim's poorly digested stomach contents, which indicated the murder occurred within a few hours of her last meal.

But even that has been called in question by experts, and since the body wasn't found for two days it would seem more than possible that the rape and murder occurred after the killer had given her another meal.

As for DNA evidence, none could be obtained when the girl's body was exhumed.

Perhaps the most telling evidence of Mr. Truscott's innocence lies in his postconviction conduct. Since spending a decade in prison he has to all accounts led an exemplary life, having married and become a father and grandfather while always professing his innocence and trying to clear his name.

(Although the death sentence was commuted, it was replaced by a life sentence, meaning that to this day he is still at least technically on parole and as such potentially subject to restrictions on his liberty.)

In the circumstances, we have no doubt that the appeal court will rule in Mr. Truscott's favour, hopefully going all the way by not just quashing the conviction but refusing to order a new trial.
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