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Wrongful Convictions

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Wrongful convictions: Rob Warden at TEDxMidwest

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Rob Warden examines the phenomena of false confessions and how they can be attributed to half of all murder cases. His plan to eradicate them from the legal system has the potential to revolutionize the justice system as we know it.

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Serial Killers Paul Bernardo and Karla Homolka (Crime Documentary)

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The murders of Leslie Mahaffy and Kristen French in Toronto, committed by Paul Bernardo and Karla Homolka (Crime Documentary). Paul Kenneth Bernardo, also known as Paul Jason Teale[1] (born 27 August 1964), is a Canadian serial killer and serial rapist, known for the highly publicized sexual assaults and murders he committed with his wife Karla Homolka and the serial rapes he committed in the east-Metropolitan Toronto city of Scarborough.

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Attorney General

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Matter Of Compensation In R. v. Hanemaayer

After careful consideration of the factors relating to this matter, the Attorney General has concluded that the payment of financial compensation is not appropriate in this case.

At each stage of this case, the Crown and police acted with integrity and in the best interests of the administration of justice. Once the Crown became aware of the evidence arising out of the re-investigation of this case, the Crown took steps to ensure the case was brought back before the Court and that the appeal should be allowed.

A number of factors are taken into consideration to determine if a case is sufficiently rare and unusual to warrant financial compensation. These include the specific facts of this case, the Court of Appeal's decision, and the Federal-Provincial-Territorial Guidelines for Compensation for Wrongfully Convicted and Incarcerated Persons.

As the Court of Appeal decision reflected, this case involved a voluntary, unequivocal, and informed guilty plea by the accused, honest but mistaken identification evidence, compelling fresh evidence available on appeal, and an evolution of procedures and standards over the last twenty years. The Court of Appeal set aside Mr. Hanemaayer's guilty plea, and entered an acquittal.

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Matter Of Compensation In R. v. Hanemaayer

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After careful consideration of the factors relating to this matter, the Attorney General has concluded that the payment of financial compensation is not appropriate in this case. At each stage of this case, the Crown and police acted with integrity and in the best interests of the administration of justice.

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http://www.audiobooks.com/audiobook/think-and-grow-rich/198261 Anthony Hanemaayer was convicted nearly 20 years ago of a sexual assault that imprisoned killer and serial rapist Paul Bernardo has now confessed to. James Lockyer represented Anthony Hanemaayer today, asking that his client's 1989 assault conviction for the violent rape of a 15-year-old girl in Toronto be overturned.

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An Ontario man convicted of assaulting a teenage girl 21 years ago was exonerated Wednesday by the Ontario Court of Appeal after new information revealed imprisoned killer and serial rapist Paul Bernardo had confessed to the crime.

Speaking outside the Court of Appeal in Toronto, London resident Anthony Hanemaayer, now 40, said he was relieved and pleased that he had finally been acquitted, after serving jail time.

"Why it took so long, I have no comment, I have no idea," he said.

"I'm very happy that it's over.... It was very stressful. I'm a very soft kind of guy. To have something like that over my head, that people would think of me that way, is mind-blowing."

Three Appeal Court justices formally acquitted Hanemaayer of a 1987 knife assault on a 15-year-old girl in her Toronto bedroom.

"There has been a miscarriage of justice," Justice Marc Rosenberg said as the court reversed Hanemaayer's conviction.

The Crown earlier submitted that it had no case against him in light of the new information.

"The fresh evidence points to only one conclusion - Paul Bernardo committed this attack," Crown counsel Howard Leibovich said in a legal argument filed this week with the court.

"It is clearly in the interests of justice that the fresh evidence be admitted, the appeal allowed and the appellant's conviction[s] set aside."

Plea bargain lands Hanemaayer in jail

At the time of his trial in 1989, Hanemaayer pleaded guilty and was given a jail sentence of two years less a day.

Speaking to CBC News, he said he accepted a plea bargain on the advice of his then lawyer, who warned he could receive a long prison sentence.

After serving his sentence, Hanemaayer said he didn't hear about the case until Toronto police questioned him about it again in 2006.

At that time, he said, police were aware that Bernardo had confessed to the assault on the 15-year-old, but they didn't mention it to him.

The confession was brought to Hanemaayer's attention late last year by the Association in Defence of the Wrongly Convicted (AIDWC), a legal rights organization.

Appearing Wednesday in the Appeal Court, he formally withdrew his guilty plea from 1989.

Hanemaayer said the Crown's case against him in his 1989 trial was founded on an erroneous eyewitness identification of him by the mother of the victim during a quick encounter early in the morning at the time of the attack.

Unreliability of eyewitness identifications

The AIDWC took up Hanemaayer's case earlier this year upon learning of the Bernardo confession, and complained it should have been reopened immediately after the admission.

Hanemaayer's lawyer, James Lockyer, said he hoped the case would alert officials again to the unreliability of eyewitness identifications, and the dangers of building prosecutions on them.

Lockyer also called for a new investigation into crimes that might have been committed by Bernardo during the 1980s and early '90s, to search for more wrongful convictions and miscarriages of justice.

"What a piece of luck that Bernardo should decide - for God knows what reason - that he would finally confess," Lockyer said. "Our [legal] system should not have to depend on someone like him to come forward and confess the way he did."

Bernardo is serving a life sentence in Kingston, Ont., for the first-degree murders of Ontario schoolgirls Leslie Mahaffy and Kristen French.

Later at a news conference, Hanemaayer's lawyer said he would be seeking compensation but gave no specific details of what that request would entail.

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Court clears Ontario man after Bernardo confession | CBC News

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An Ontario man convicted of assaulting a teenage girl 21 years ago was exonerated Wednesday by the Ontario Court of Appeal after new information revealed imprisoned killer and serial rapist Paul Bernardo had confessed to the crime.

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Court of Appeal for Ontario › 2008 ONCA 580 (CanLII)