WRONGFUL CONVICTION ISSUES

This writing assignment was written June 27 2010 for my TRU Soci 422 (Social Construction of Crime and Deviance) Open Learning correspondence course.

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INTRODUCTION

David Milgaard, Guy Paul Morin, Steven Truscott, Donald Marshall, Jr., and Thomas Sophonow. As these names are echoed in the Halls of Justice, those who are familiar which each case reflect on how they were investigated. Only those were wrongful convictions. Granted, Milgaard, Morin, Truscott, Marshall, and Sophonow were by no means Angels or Saints, however, they were, unfortunately convicted of crimes they did not, according to their appeal outcome, commit.

The question is, how did each of these individuals come to be convicted of a crime they did not commit, and serve so much time in the prison system before the truth came out? This essay will attempt to address the concerns regarding the characteristics of policing that led to the unfortunate outcome of wrongful convictions.

DAVID MILGAARD

In January 1970, David Milgaard was convicted of murdering 20-year-old Saskatoon nursing student, Gail Miller. What started as a road trip with some friends, turned into a living nightmare for David Milgaard. Milgaard and his friends drove to Saskatoon from Regina, looking for the house of a friend, Albert Cadrain. Milgaard and his road trip friends arrived at Cadrain's house around 9 A.M. (Milgaard Inquiry).

A couple named Larry and Linda Fisher resided in Cadrain's basement suite. Around 6:45 A.M. nursing student Gail Miller left her home for work. Her body was found around 8:30 A.M that same morning about a block from her home. Based on witness statements from Milgaard's road trip friends the police focused on Milgaard as the only suspect (Milgaard Inquiry).

Although the witnesses were separated from Milgaard for no more than a couple of minutes, the police blinders never came off. And the only evidence the police relied on was the victim's wallet, which was found only a few houses away from Cadrain's home. Further along in the investigation, the witnesses changed their statements and alleged that Milgaard murdered Gail Miller. The police did question Larry Fisher, but as a witness, not a suspect (Milgaard Inquiry).

The change in the witness statements alleged that Milgaard confessed, and one of the witnesses, Nichol John, changed her statement to include that she witnessed Milgaard attacking Miller. The changes in the witness statements motivated the police to target Milgaard. The police didn't even bother to consider the events surrounding the so-called confession, that both Milgaard and the witnesses, at the time of the alleged confession, were under the influence of drugs (Milgaard Inquiry).

And, although there was no direct evidence that linked Milgaard to the rape and murder of Gail Miller, the police relied only on the changed statements and the fact that the victim's wallet was found near Cadrain's home. What the police did not consider was the fact that Larry Fisher lived in Cadrain's home (Milgaard Inquiry).

I would argue, that within the policing culture, when the investigators believe that they have a suspect, they will focus on that one suspect, even when there is evidence that contradicts the suspect's involvement (Professional experience).

It took over 20 years before the truth was revealed and cleared Milgaard in the murder conviction of Gail Miller. DNA revealed that it was Larry Fisher who raped and killed Miller. The very same Fisher that lived in Cadrain's basement suite. The very same Fisher that the police originally questioned as a witness (Milgaard Inquiry).

GUY PAUL MORIN

In 1992, Guy Paul Morin was convicted of Murder One of 9-year-old Christine Jessop. Morin served 10 years before he was cleared based on DNA testing (King, 1998). The question is how and why did the police investigation focus only on Morin. Guy Paul Morin lived next door to Christine Jessop at the time she went missing. On the day Christine Jessop went missing she was dropped off at home by the school bus at 3:50 P.M. Her parents didn't get home until 4:10 P.M. However, they later changed the time they got home to 4:30 P.M. Christine's school items were found in the kitchen, as well as the mail and newspaper (King, 1998).

Prior to calling the police, the Jessop's first drove around town looking for their daughter. It wasn't until at least 8 P.M. that they called the police. During the investigation the police deduced that the behavior of Guy Paul Morin was one of guilt. And all Morin did when the police attended his parent's house (where he lived) was "stare straight ahead." Another incident that led to Morin's conviction was in the way the police dog acted when sniffing Morin's vehicle (King, 1998).

When technology allowed for DNA testing it was revealed that Morin did not commit the crime. He was declared not guilty and released. An inquiry into the Morin case revealed that the police committed forensic fraud and the testimony of a jailhouse snitch was perjured. The Morin Inquiry further addressed that the Crown's arguments attempt to discredit Morin's alibi, accusing his parents in helping their son to cover up the crime, as a rush to judgment (King, 1998).

STEVEN TRUSCOTT

In 1959 12-year-old Lynn Harper was found dead in a nearby farm. The person of interest was 14-year-old Steven Truscott. It is only because Truscott was the last one seen with Harper that he became the only suspect. In his statement, Truscott told the police that he gave the victim a ride to the freeway and saw her get into a car (CityNews, 2007).

Pressure from the community led the police to a rush to judgment and ignored the fact that the forensic evidence analysis at the time did not link Truscott to Harper's death (CityNews, 2007).

At the age of 14, Truscott was sentenced to death, however, after serving four months on death row, the government of the day, under Conservative Prime Minister John Diefenbaker commuted the death penalty to life in prison. After serving ten years, Steven Truscott was released and went into seclusion. It wasn't until after 2007 that Truscott got a new appeal hearing which overturned his conviction (CityNews, 2007).

DONALD MARSHALL, JR.

In 1971 Donald Marshall, Jr. met up with a friend, Sandy Seale. As they took a shortcut though Sydney's Wentworth Park where they crossed paths with Roy Ebsary. Soon after Seale was stabbed. He died a day later of his stab wound. At the time of his arrest, Marshall was 16 years old. He was charged with murder (Paul, 1971).

In a Royal Commission, it was determined that Marshall was targeted because he was aboriginal. the Royal Commission further determined that there was both police and prosecutorial misconduct, as well as incompetent defense counsel. Donald Marshall, Jr. was acquitted of the murder conviction in 1983 (Paul, 1971).

The police investigation was laced with racism due to Marshall being aboriginal. One month after his arrest a one day preliminary hearing was held, and the trial itself took only three days. The outcome was a guilty verdict and Marshall was sentenced to life in prison (Paul, 1971).

At trial, Marshall's defense counsel were extremely incompetent, and Crown allowed perjured testimony to be entered (Paul, 1971). This was a case that went way beyond a rush to judgment.

THOMAS SOPHONOW

In 1981 Thomas Sophonow was wrongfully convicted of murder and sentenced to life in prison. The cause of Sophonow's conviction was a perjured statement made by a "jailhouse informant" (ForeJustice).

Sophonow went through three trials, the first being a mistrial, and at the second and third trials he was found guilty. In 1985 his conviction was overturned and an Order was entered for an acquittal. In 2000 DNA cleared him and identified another suspect (ForeJustice). And, as in the Milgaard, Morin, and Marshall cases, the federal government ordered an inquiry into the wrongful conviction of Thomas Sophonow.

CONCLUSION

In each of the aforementioned cases of wrongful convictions, the law enforcement agencies, crown services, and even the courts wore blinders and focused on one person, ignoring the possibility of exculpatory evidence that could bring about an acquittal.

Incompetent defense lawyers didn't help much either. This is what I refer to as the five-ten effect, meaning that five reports in the negative, outweigh the ten reports in the positive. And as so long as there is the human equation, there will always be the five-ten effect.

REFERENCES

Commission of Inquiry into the Wrongful Conviction of David Milgaardhttp://www.justice.gov.sk.ca/milgaard/DMfinal.shtml

King, J. (1998, August). The Ordeal of Guy Paul Morin: Canada Copes With Systemic Injustice. Champion Magazine: National Association of Criminal Defense Lawyers, 8. http://www.nacdl.org/public.nsf/championarticles/19980808?opendocument.

Paul, D. (1971). Donald Marshall Jr.: 1971 Wrongful Murder Convictionhttp://www.danielnpaul.com/DonaldMarshallJr.-1971.html.

Steven Truscott Case Timeline. 2007/01/30 | CityNews.ca Staff. http://www.citytv.com/toronto/citynews/news/local/article/25976--steven-truscott-case-timeline.

Thomas Sophonow Wrongly Convicted Database Record. http://forejustice.org/db/Sophonow--Thomas.html.