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Justice Stolen - The Many Trials of Steven Truscott

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Justice Stolen - The Many Trials of Steven Truscott

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"Justice Stolen - The Many Trials of Steven Truscott" is a podcast that explores the story of Steven Truscott, a Canadian man who was wrongfully convicted of murder in 1959. The podcast delves into the events leading up to Truscott's conviction, the trial and legal proceedings that followed, and the eventual exoneration of Truscott after decades of fighting to clear his name. It examines the flaws in the justice system that led to Truscott's wrongful conviction and the impact it had on his life and the lives of those involved. The podcast raises important questions about the reliability of evidence, the role of the justice system in ensuring fairness, and the need for reform to prevent similar injustices from occurring in the future.

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Justice Stolen - The Many Trials of Steven Truscott

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This video discusses several suggested killers in the Lynne Harper case and why they were considered suspects. Larry Talbot was a career criminal and a suspect in several homicides. He had incriminating evidence in his possession and was investigated by retired OPP Sergeant Barry Rule, who linked him to the crime scene. Alexander Kelichuk had a history of sexual offenses and suspicious behavior around the time of Lynne Harper's murder, making him a potential suspect in the case. In addition to Larry Talbot and Alexander Kelichuk, an electrician was also suspected in the murder of Lynne Harper. This individual, whose identity is not specified, was considered a potential suspect due to unspecified evidence that linked them to the crime scene. However, like Talbot and Kelichuk, the electrician's involvement in Lynne Harper's murder remains unproven, and the case remains unsolved. The video examines these suspects and the complexities of investigating a decades-old case with limited evidence.

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Steven Truscott - His Word Against History - the fifth estate

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Steven Truscott - His Word Against History - the fifth estate

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This video sheds light on the flaws in the justice system that led to Truscott's wrongful conviction and serves as a reminder of the importance of ensuring justice and fairness in legal proceedings.

Truscott told his story showing bits and pieces that were ignored during the investigation. After living anonymously for years, this was the first interview he did with his real identity after he was released from prison.

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Steven Truscott - His Word Against History - the fifth estate

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Steven Truscott to get $6.5M for wrongful conviction | CBC News

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Steven Truscott to get $6.5M for wrongful conviction | CBC News

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This article explains how the Ontario government agreed to compensate Steven Truscott with $6.5 million for the miscarriage of justice he suffered. The compensation was aimed to provide Truscott with financial security and acknowledge the impact his wrongful conviction had on his life. Retired judge Sydney Robins recommended the compensation amount.

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The Ontario government will pay Steven Truscott $6.5 million for suffering a "miscarriage of justice" and living 48 years with the stigma of being wrongfully convicted of a rape and murder he did not commit.

"We are doing what we can to bring to the conclusion this remarkable aspect of Mr. Truscott's life's journey," Ontario Attorney General Chris Bentley said Monday in Toronto.

"We are doing what we can to conclude this journey, and it is my hope that Mr. Truscott and his family will now be able to spend all their time on the rest of life's journey."

He added that Truscott's wife, Marlene, will get $100,000 in compensation for the time she spent working to clear Truscott's name.

The announcement comes almost a year after the Ontario Court of Appeal acquitted Truscott of murder in the death of his friend, 12-year-old Lynne Harper, in the southwestern Ontario town of Clinton in June 1959. The court said his conviction was a "miscarriage of justice."

Truscott was just 14 years old when he was convicted in September 1959 after a 15-day trial. He was initially sentenced to hang, making him Canada's youngest death-row inmate, but after four months on death row, the sentence was commuted to life in prison.

He was granted parole at age 24 in 1969, after serving 10 years in jail.

Bentley said the government's decision to compensate was based on the advice of retired judge Sydney Robins, who was asked to study whether compensation would be appropriate, and if so, how much should he get?

'No amount of money could ever truly compensate Steven'

In a written statement, Truscott and his wife called the compensation a "final and long-awaited step in recognizing Steve's innocence." Still, the couple said the money is bittersweet.

"Although we are grateful for the freedom and stability this award will provide, we are also painfully aware that no amount of money could ever truly compensate Steven for the terror of being sentenced to hang at the age of 14, the loss of his youth or the stigma of living for almost 50 years as a convicted murderer," the Truscotts said.

Robins, in a written report outlining how he decided how much Truscott should be paid, noted there is no legal obligation to compensate Truscott, Still, he said not compensating Truscott would leave him with a stigma, a suggestion of guilt.

"The total amount paid to Mr. Truscott should be enough to ensure that he can live the remainder of his life with financial security, and in comfort and dignity, able to assist his family as he sees fit," Robins wrote.

"It should also be enough to send a clear signal to the public that the government recognizes the enormity of the suffering that this miscarriage of justice has caused."

The Harper family has yet to comment publicly on the compensation package. Harper's father, Leslie Harper, has said he was stunned by Truscott's acquittal and fears Truscott only sought to clear his name for financial reasons.

Since the acquittal, no one else has been charged with Harper's slaying. Over the years, other people have been named in the media as potential suspects. They include Alexander Kalichuk, an air force sergeant with a history of sexual offences who lived near the military base where Truscott and Harper grew up. Kalichuk, a heavy drinker, died in 1975.

Suffering considered in compensation decision

In awarding Truscott $6.5 million, Robins said he considered the emotional turmoil he has endured.

"There is no question but that Mr. Truscott's conviction, incarceration and parole forever altered his life," Robins wrote.

He noted that Truscott, who now lives in Guelph, Ont., suffered from loneliness, isolation and a loss of privacy while spending his teenage years and early adulthood in prison. Robins talked of the terror Truscott felt knowing when he thought he was going to die, including the day Truscott heard hammering outside his prison cell and was certain it was prison guards building the scaffolding where he would be hanged.

Once released from prison, Robins noted that life wasn't easy for Truscott. Under the conditions of his parole, which lasted until last year's acquittal, he couldn't leave the country or move without informing authorities. He was told to change his name to avoid attention.

Truscott and his wife married in secret in 1970 to avoid publicity and moved nine times to protect the safety of their three children, Robins said. He said Truscott suffered from nightmares and social anxieties, and has become extremely shy and hesitant.

But despite all the hardship, Robins said Truscott has been "an exemplary citizen," working steadily as a machinist and millwright, providing a stable life for his family and always abiding by the law.

Lack of DNA evidence in Truscott case

Robins noted that the Ontario Court of Appeal did not declare Truscott factually innocent, but Robins said it would be impossible to ever do so since DNA evidence has been lost and destroyed, and witnesses have died. Robins said it would be unfair to punish Truscott because of this.

Marlys Edwardh, one of Truscott's lawyers, said Truscott's case could give hope to others who are wrongfully accused but have no DNA evidence to clear their name.

"There are many wrongful convictions that can't be unwound by DNA," she said. "I think the model [Robins has] adopted is both useful and insightful, and will be of [precedent-setting] value."

But Alan Young, a professor at York University's Osgoode Hall Law School in Toronto, said the government is not bound to follow the same guidelines when dealing with other cases.

"It may be that the Steven Truscott case had such notoriety that they felt that they had to make the payment because the whole world was watching," he said.

"I like the development, but I wouldn't start celebrating a huge change in the approach, because it will still be a case-by-case determination."

Robins considered other cases

Robins said he considered other wrongful conviction cases in Canada, including the $10 million awarded to Winnipeg native David Milgaard after DNA cleared him of the 1969 rape and murder of a Saskatoon nursing aide. Robins noted that Milgaard, who was 16 at the time of his conviction, spent a total of 23 years in jail, 13 more than Truscott, and suffered a violent sexual assault while in prison.

Robins said the case of Maher Arar wasn't relevant to his decision, because the $12.5 million in compensation Arar received from the federal government was not for a wrongful conviction, but for damages resulting from his deportation to Syria, where he was jailed and tortured.

The Ontario Court of Appeal finished its eight-month review of Truscott's case in February 2007, and announced its decision to acquit last Aug. 28. At the time, then Attorney General Michael Bryant apologized to Truscott and said the Crown has no plans to appeal.

Provincial legislators have been calling for Truscott to receive payment. In April, Guelph's Liz Sandals of the ruling Liberal party tabled a private member's motion seeking support for compensation for Truscott, and all parties approved it.

Robins recommended that the federal government pay 50 per cent of the compensation. Bentley said Ontario is paying it in full for now, to ensure Truscott gets his compensation quickly, but that negotiations with the federal government are ongoing.

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Steven Truscott to get $6.5M for wrongful conviction | CBC News

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The Ontario government will pay Steven Truscott $6.5 million for suffering a "miscarriage of justice" and living 48 years with the stigma of being wrongfully convicted of a rape and murder he did not commit. "We are doing what we can to bring to the conclusion this remarkable aspect of Mr. Truscott's life's journey," Ontario Attorney General Chris Bentley said Monday in Toronto.

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The article shares the powerful story of Steven Truscott, a teenager wrongfully convicted of murder in 1959. Originally sentenced to death, his penalty was later altered to life in prison. The case, tainted by unreliable evidence and flawed investigations, captured the attention of justice advocates for many years. Eventually, with the help of the Association in Defence of the Wrongly Convicted and new evidence, Truscott was acquitted in 2007. This narrative highlights the profound consequences of wrongful convictions and stresses the need for continually updating legal procedures. Moreover, it showcases Truscott's remarkable resilience and optimism, despite the years he lost, demonstrating the human spirit's capacity to endure and triumph over great injustices.

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For nearly five decades, Steven Truscott lived under the shadow of a wrongful murder conviction.

Steven Murray Truscott was a popular, athletic teenager who lived with his parents in the southwestern Ontario town of Clinton. In 1959, at the age of 14, he was wrongly convicted of killing his 12-year-old schoolmate Lynne Harper. Not until five decades later was he finally exonerated.

Lynne Harper Murder

On the evening of 9 June 1959 several witnesses saw Steven Truscott cycling with Lynne Harper through the countryside - Truscott carrying her on the handlebars of his bicycle. Two days later, the girl's remains were found just off a tractor trail in a lightly wooded area known as Lawson's Bush, on the outskirts of Clinton.

Truscott became an immediate suspect. Questioned by police, he maintained that he had given the girl a lift to a highway intersection approximately a kilometre west of town, where some believe Lynne intended to hitch a ride to her grandmother's home in a nearby community. Police found details of his account deceptive and promptly arrested Truscott for murder.

With a population of just 3,500, Clinton - located near Lake Huron about 200 km west of Toronto - was divided evenly between long-time local residents and military families who worked at Canadian Forces Base Clinton, a nearby radar-training base. Both the Truscott and Harper families belonged to the military community.

Steven Truscott, born in Vancouver on 18 January 1945, was the son of a non-commissioned air force officer, Dan, and his wife Doris. They had arrived in Clinton in 1956, a year before the Harper family was transferred there.

The abduction and murder traumatized the community to a point where Truscott was denied bail. The Crown also succeeded in having his upcoming trial transferred to adult court, ensuring that Truscott could be potentially sentenced to either life imprisonment or execution.

Trial and Conviction

Truscott's jury trial consumed 15 days. The prosecution case was based on an assertion that Harper was a cautious girl who did not hitchhike. It alleged that Truscott sexually assaulted Harper, strangled her with her blouse and then arranged a few tree branches to partially cover her remains.

The prosecution highlighted a series of seemingly inconsistent statements Truscott had made in his statements to police, as well as the existence of a mysterious abrasion on his penis. It also questioned why Truscott did not reveal until at least a day after Harper disappeared that he had seen her get into a Chevrolet at the spot where her left her on Highway 8. Finally, it cited evidence that fresh bicycle tire tracks were found leading along the tractor path to the body site.

Mr. Truscott's defence lawyer, Frank Donnelly, maintained that the victim dismounted from Mr. Truscott's handlebars hundreds of metres past the entrance to the tractor trail where her body had been found, making it most unlikely that he had taken her all the way back to the tractor trail site in order to kill her.

Truscott repeated his assertion to police that he had seen Lynne picked up by a 1959 Chevrolet with an out-of-province licence plate.

Timing was critical to the case. Pathologist John Penistan, who conducted an autopsy of the victim, testified that her half-digested stomach contents revealed that Lynne had died between 7:15 p.m. -7:45 p.m. This narrow window of opportunity proved to be damning evidence against Truscott, since it was certain that he had been with her during that time. The brief window also lessened the possibility of a stranger having picked Lynne up on the highway and driven her back across the bridge toward the tractor path where she died.

The trial featured a good deal of testimony from children who had been playing under the bridge that evening and saw Truscott with Harper. Both the Crown and defence used the children's accounts to bolster their own contentions about the timing of events.

Truscott was found guilty on 30 September 1959. His conviction and the imposition of a death sentence caused a significant public clamour. A year later, the federal government commuted his sentence to life imprisonment with a 10-year parole eligibility period. Truscott's subsequent appeal to the Supreme Court of Canada was rejected.

Truscott Paroled

In 1966, a book by Isabel LeBourdais stirred up controversy anew. The Trial of Steven Truscott made a detailed case for the young man having been railroaded by careless police officers and a vindictive prosecution. LeBourdais was particularly critical of Dr. Penistan's conclusions, and of apparent discrepancies with the evidence gathered by Ontario Provincial Police investigators. She was also critical of the manner in which statements from underage witnesses were obtained and used by the Crown.

A special reference to the Supreme Court of Canada led to the case being re-examined in 1966; however, the Supreme Court ruled that his case had been justly decided.

Truscott was paroled in 1969 and disappeared into anonymity. For almost 30 years, he lived under the media radar in Guelph, Ontario. His identity was known only to some members of the community and to his co-workers at a company where Truscott was employed as a millwright. To the outside world, he was known only by his assumed name, Steven Bowers.

AIDWYC Investigates

Under Section 690 of the Criminal Code, Truscott could apply to have his conviction reviewed and potentially referred for a retrial. First, however, the Department of Justice had to be satisfied that fresh evidence in the case could affect the outcome of his trial.

Lawyers from the Association in Defence of the Wrongly Convicted (AIDWYC) dug into the background of the case, eventually obtaining 3,000 pages of material not before disclosed to the defence. The group drafted a 700-page brief that raised multiple instances of evidence that, according to AIDWYC, hadn't been adequately investigated or had been improperly suppressed.

At the same time, AIDWYC lawyers worked with the CBC program The Fifth Estate to stoke public interest about the long-ago case. A producer at the program, Julian Sher, also produced a book, Until You Are Dead, arguing for Truscott's innocence.

The thrust of the fresh evidence was that the Crown had suppressed information from children that could have been used by the defence to confirm Truscott's claim that he rode across the bridge and left Harper at Highway 8.

The defence had also obtained a previously undisclosed police report showing that the bicycle tire tracks on the tractor trail were likely to have been left there at least a week before Harper was killed, rendering them meaningless as evidence.

Pathologist's Letter

Perhaps the most significant new evidence was the discovery of a letter Dr. Penistan had written in 1966 to the lead police investigator in the case, Harold Graham. Sent on the eve of the 1966 Supreme Court of Canada appeal, Penistan admitted in the letter that he had made an "agonizing reappraisal" of his testimony at the Truscott trial and concluded that he should not have supplied such a narrow window-of-time opportunity.

The letter had never been disclosed to the defence.

A final item of undisclosed evidence involved an elderly couple who had told investigators soon after the murder that they had spotted a young girl hitchhiking, around the spot Truscott claimed to have left Harper that night, at roughly the time she disappeared.

Truscott's lawyers put forward an alternative suspect in the murder - a one-time air force sergeant named Alexander Kalichuk, who had been transferred away from Clinton two years before the Harper murder but had maintained links with the community. Kalichuk had been arrested in St. Thomas, Ontario, three weeks prior to the Harper murder, for attempting to lure a young girl into his car.

The failure to disclose evidence that was potentially favourable to Truscott was not illegal under rules and conventions existing at the time. However, much had changed in the years since then. The Supreme Court of Canada, in a landmark 1991 case known as R v Stinchcombe, had ruled that there was a constitutional obligation on the part of the state to disclose potentially relevant evidence to a defendant.

Appeal and Acquittal

In 2002, the federal government appointed retired Québec Court of Appeal Justice Fred Kaufman to review Truscott's Section 690 application. Kaufman, who had earlier presided over an inquiry into the wrongful conviction of Guy Paul Morin, recommended that the Ontario Court of Appeal reopen the Truscott case to permit a full appeal. The federal minister of justice agreed.

A special five-judge panel of the Court of Appeal began hearing the fresh evidence in mid-2006. A year later, it acquitted Truscott outright, in part because it said a fair retrial would be impossible so many years after the fact.

In media interviews, Truscott recalled waking up every morning of his initial period behind bars wondering if he would be executed before the day was out. He also said that he had been drugged with LSD and truth serum during his incarceration by authorities in the hope that it would induce him to confess.

"I'm not bitter," Truscott told journalists. "You can't live day after day being bitter . . . I've moved on with my life. My wife and I raised a family. I was always taught to look at things positively."

Meanwhile, Lynne Harper's father maintained that he and other close family members were skeptical of Truscott's innocence.

Steven Truscott and AIDWYC member Julien LeBourdais. For nearly five decades, Truscott lived under the shadow of a wrongful murder conviction, before being exonerated.

Truscott continues to live in Guelph with his wife, Marlene. He was awarded $6.5 million in compensation by the Ontario government in 2008, part of which Truscott used to launch the Truscott Initiative in Justice Studies at the University of Guelph, funding two scholarships for students in the field.

See also: Truscott's Quest for Vindication Continues.

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For nearly five decades, Steven Truscott lived under the shadow of a wrongful murder conviction. Steven Murray Truscott was a popular, athletic teenager who lived with his parents in the southwestern Ontario town of Clinton. In 1959, at the age of 14, he was wrongly convicted of killing his 12-year-old schoolmate Lynne Harper.

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The case of Steven Truscott, wrongfully convicted at 14 for the murder of his classmate in 1959, highlights the devastating effects of judicial errors. His death sentence was later commuted to life imprisonment, but it took nearly five decades and advancements in forensic science before he was acquitted in 2007. The $6.5 million compensation he received in 2008 underscores the deep impact of wrongful convictions and the critical need for vigilance and accuracy in the justice system.

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The mugshot of Steven Truscott, taken around the time of his arrest in 1959. At just 14 years old, Truscott was wrongfully convicted of the murder of his 12-year-old classmate, Lynne Harper.

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This bridge is a pivotal landmark in Steven Truscott's story. This was where he was last seen with Lynne Harper, a sighting that played a key role in his wrongful conviction and, years later, helped shed light on the truth that led to his exoneration. Now, it stands quietly, a testament to the twists and turns of justice.

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The site where Lynne Harper's body was found is a somber landmark in the tragic narrative of her case. Beside her, investigators found a few scattered items, key pieces of evidence that ultimately played a role in the conviction and later acquittal of Steven Truscott.

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Word Document detailing the answers on dc connect