Author Topic: Steven Truscott, sentenced to death aged 14 in 1959, aquitted 2007  (Read 6078 times)

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Offline Nuala

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Canadian Steven Murray Truscott (born 1945) was sentenced to death in 1959, when he was a 14-year old student, for the murder of classmate Lynne Harper. He was given a stay of exexcution (by hanging) and his death sentence was subsequently commuted to life imprisonment.

Steven continued to maintain his innocence until 2007, after review of nearly 250 fresh pieces of evidence, the court declared that Truscott's conviction had been a miscarriage of justice. As he was not declared factually innocent, a new trial could have been ordered, but this was a practical impossibility given the passage of time. His conviction was declared a miscarriage of justice and he was formally acquitted of the crime.
 
On July 7, 2008, the government of Ontario awarded him $6.5 million in compensation.

Lynne Harper disappeared near RCAF Station Clinton, Ontario. Two days later, her body was found on a farm woodlot. Harper had been strangled with her own blouse, and raped.
 
Lynne spent her time going to Sunday School, Bible class and Girl Guides. She was said to be brash, determined and head strong.
 
Truscott and Harper attended Grade 7 at the Air Vice Marshal Hugh Campbell School on the Air Force base. In the early evening of Tuesday, June 9, 1959, Truscott gave Harper a ride on the crossbar of his bicycle and they proceeded from the vicinity of the school northwards along the County Road. The timing and duration of their encounter, and what happened while they were together, have been contentious issues since 1959.
 
In court the Crown contended that Truscott and Harper left the County Road before reaching the bridge over the Bayfield River and, in a wooded area beside the County Road (known as Lawson's Bush), Truscott raped and murdered Lynne.

Truscott has maintained since 1959 that he took Harper to the intersection of the County Road and Highway 8, where he left her unharmed.

Truscott maintains that when he arrived at the bridge, he looked back toward the intersection where he had dropped Harper off and observed that a vehicle had stopped and that she was in the process of entering it. At 11:20 that evening, Lynne's father reported her missing.



*I can't find any details of this case on here, so I hope it hasn't already been covered.




Offline nugnug

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    • http://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&ved=0CDMQFjAA&url=http%3A%2F%2Fjohnnyvoid.wordpress.com%2F&ei=WTdUUo3IM6mY0QWYz4GADg&usg=AFQjCNE-8xtZuPAZ52VkntYOokH5da5MIA&bvm=bv.5353710
hang on a minute.


Offline Nuala

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In 1959, he was sentenced to be hanged at age 14 for a schoolmate's murder, becoming Canada's youngest death-row inmate. His case, one of the most famous and controversial in Canadian judicial history, helped spur Canada to abolish the death penalty. After the original conviction, Steven Truscott spent four months in the shadow of the gallows until his death sentence was commuted to life imprisonment. Paroled in 1969, Truscott disappeared into an anonymous existence in a southern Ontario city.
 
On Aug. 28, 2007 — 48 years later — the Ontario Court of Appeal unanimously overturned that conviction, declaring the case "a miscarriage of justice" that "must be quashed" and acquitted Truscott. The judges went on to say, however, that "the court is not satisfied that the appellant has been able to demonstrate his factual innocence."
 •Ontario Court of Appeal: Read full report
•Synopsis
 
Shortly after the decision was released, then Ontario attorney general Michael Bryant told reporters the Crown has no plans to appeal and offered an apology to Truscott.

In July 2008, the Ontario government announced it would pay Truscott $6.5 million in compensation for his ordeal. "We are doing what we can to bring to the conclusion this remarkable aspect of Mr. Truscott's life's journey," Chris Bentley, Ontario's attorney general at the time, said.

Case for acquittal

After a public campaign calling for his exoneration — buoyed by a book scrutinizing the conduct of his trial and a 2000 CBC's The Fifth Estate documentary where Truscott publicly proclaims innocence — the Ontario Court of Appeal conducted a judicial review of his case. Witnesses took the stand between June 19, 2006, and July 7, 2006.
 
The review hinged on fresh evidence using forensic entomology — pinpointing the time of 12-year-old Lynne Harper's death by the larval development of insects. In Truscott's 1959 murder trial, the time of death was pegged between 7 and 7:45 p.m., which pointed to Truscott as the murderer.
 
During the three week review, some of the forensic and pathology experts cast doubt on coroner John Penistan's key forensic evidence used to convict Truscott. Witness accounts not included in the original police case – a strange car seen near the woodlot where Harper was found, the night she was murdered – came to light. Old testimony by key witnesses in the Crown's original case were refuted.
 
But even before new testimony was presented to the Ontario Court of Appeal, a growing number of people had been persuaded that Truscott had been wrongfully convicted after a police investigation that critics say was too hasty and ignored some witnesses and possible suspects.

In Jan.-Feb. 2007 a panel of judges from the Ontario Court of Appeal again heard testimony as Truscott asked that he be cleared of the charges once and for all. The hearings were televised online by CBC.

Offline Nuala

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Truscott was the last known person to have seen the murdered girl alive.

Within two days, police charged the teenager with her murder on the basis of purely circumstantial evidence. After a trial that lasted only 15 days, he was found guilty and sentenced to be hanged.
 
Three decades later, Truscott remembered those days in a jail cell in Goderich, Ont., when he feared he would feel the noose before his 15th birthday.
 
"I woke up one day and somebody was building something outside the wall," he told The Fifth Estate.
 
"You could hear the hammering, and I thought they were building a scaffold. And it's just kind of living in terror, and every day you expect it to be your last."
 
Truscott's sentence was commuted to life imprisonment and he spent the next 10 years behind bars. and he spent the next 10 years behind bars.

The case immediately provoked controversy, not only because of Truscott's tender years but also because some doubted his guilt. The controversy lead to a Supreme Court review

In the spring of 1966, a book written by Isabel LeBourdais – The Trial of Steven Truscott – attacked the rapid police investigation and trial, calling into question a justice system that many people then considered infallible.
 
Her argument that the court had erred and sentenced an innocent teen to death made front-page headlines and sparked public demonstrations. The resulting uproar in Parliament led Lester Pearson's Liberal government to order a Supreme Court review.
 
Canada's top court examined the Truscott case in 1966, not to determine his guilt or innocence but to decide whether he should have a new trial. The judges ruled 8-1 to uphold the verdict.
 
While Truscott remained in prison for three more years, many experts believe the controversy over his case led to Canada abolishing the death penalty in 1976.
 
Meanwhile, Truscott adopted a new name and settled in Guelph, Ont., where he worked as a millwright, married and raised three children.
 
Although the Truscott name was well known in Canada, he remained anonymous until March of 2000, when the CBC's The Fifth Estate broadcast a documentary about his case.
 
The program presented new evidence that, when added to that uncovered by LeBourdais and others since the original trial, built a case that police may have laid charges too quickly, while playing down some witnesses and ignoring other potential suspects.
 
Truscott said he dropped Harper off at a highway, then saw her hop into a strange car as he pedalled away. He said Harper, the daughter of an officer on the Clinton base, told him she had squabbled with her parents and planned to hitch a ride somewhere.
 
The police maintained that Truscott killed her before reaching the highway and left her nearly naked corpse in the woods.
 
Their case, built on purely circumstantial evidence, hinged on the testimony of a pathologist who testified that Harper died between 7:00 and 7:45 p.m. – an extremely precise determination even by today's forensic standards.

In 1966, Penistan had second thoughts and published a review of his autopsy that opened the time frame to a 12-hour window.

The Fifth Estate found that police also dismissed testimony from witnesses, including some who insisted they saw Harper and Truscott reach the highway.

Other suspects ignored?

The police and military never seriously considered other suspects that should have been flagged, The Fifth Estate said. For example, the journalists uncovered old military files on Alexander Kalichuk, a heavy drinker with a history of sexual offences who lived within a 20-minute drive of the base. The air force sergeant had come to police attention after trying to lure a 10-year-old girl into his car about three weeks before Harper disappeared.


 
 

Offline grahameb

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A whole life wasted.

Offline nugnug

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largely because the original pathologist got the time of death wrong.