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Wrongfully Convicted Case Study Word Document - Allie Sibbert

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Wrongfully Convicted Case Study Word Document - Allie Sibbert

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Wrongfully Convicted Case Study - Allie Sibbert - Roméo Phillion.docx

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Seen leaving the court of appeal after 31 years of wrongful imprisonment.

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Crown formally withdraws Phillion murder charge

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This link is relevant as it explains that Roméo Phillion was seeking 14 million dollars in compensation for the damage his wrongful conviction caused, but he unfortunately died before receiving that compensation.

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Despite everything he'd been through, Romeo Phillion remained unshakeable until his death, according to people close to him.

The 76-year-old died Monday after a long battle with health issues.

His battle with the justice system, however, lasted far longer.

Phillion gained his freedom in 2003 after spending more than 31 years wrongly imprisoned for the murder of an Ottawa firefighter.

And even though his case against the state never really ended, those who were close to him say he didn't let it spoil his later years of freedom.

"He was a very compassionate man, he had a very strong will. He was determined to live and fight on," said Win Wahrer, the director of client services and co-founder of the Association in Defence of the Wrongfully Convicted.

Wahrer yesterday told the Sun she became a close friend of Phillion in the years leading to his death and that she considered him a member of her extended family.

She said he suffered a great deal in life but remained kindhearted.

"He had a twinkle in his eye. Despite the fact that he was in a scooter and had to take oxygen," she said.

Phillion confessed to the murder of Leopold Roy in 1972. He immediately recanted but was sentenced to life in prison.

During his lengthy time behind bars, he resisted any urge to apply for parole, which could have seen him released earlier had he admitted the crime.

"He was a very obstinate man who said 'I'm never coming out of here unless they tell me I'm innocent,'" said his former lawyer, James Lockyer, yesterday.

Eventually, at the request of the federal government, Ontario's top court took another look at his conviction.

The Appeal Court heard that police had initially verified an alibi that Phillion was nowhere near the crime scene - but never told the defence about it. The Appeal Court ordered a new trial and the Crown, arguing too much time had passed to try him again, withdrew the charge.

Lockyer recalled the day Phillion stepped out of the courthouse as a free man to gaze up at the CN Tower - something he'd longed to do during his time in prison.

Phillion spent his 12 years of freedom in Mississauga, where he remained until his death.

He also sued for $14 million, alleging negligence and wrongdoing by prosecutors and two Ottawa police officers. The courts initially denied him the right to sue on the grounds that it would be an abuse of process but he eventually won the go-ahead.

Phillion's lawyer said he would be awaiting instructions from the executor of the estate about continuing the lawsuit.

"For someone who went through what he did and was wrongly convicted like that, he wasn't a bitter person," said Howard Gelfand, a friend and eight-year housemate who had been caring for Phillion. "His big disappointment was that they didn't give him his full exoneration."
- With files from The Canadian Press Timeline of Phillion's wrongful conviction:
1967 - Leopold Roy, an Ottawa Firefighter, is stabbed and dies in the stairwell of a Friel St. apartment in Ottawa.

1968 - a detective's report, dubbed the "McCombie report" fizzles into obscurity for many decades while Phillion is tried for murder.

1972 - Phillion is convicted after confessing to murder and immediately recanting his confession as a bad joke.

1998 - A police report surfaces that confirmed Phillion's alibi.

2003 - With the help of his lawyer, James Lockyer, Phillion gains freedom despite not being absolved completely of the murder. Technically, Phillion was off on bail because the judge ruled that there was no jurisdiction to rule on the case.

2006 - Justice Minister Vic Toews orders that the Ontario court re-open his case.

2009 - A new trial is ordered and strikes down the conviction, but not an acquittal.

2010 - Prosecutors withdraw murder charges and Judge Lynn Ratushny apologizes for the miscarriage of justice.

2015 - A Supreme Court ruling paves the way for Phillion to sue the people who wrongly convicted him.

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Romeo Phillion, cleared of murder after 3 decades in jail, dead at age 76

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Despite everything he'd been through, Romeo Phillion remained unshakeable until his death, according to people close to him. The 76-year-old died Monday after a long battle with health issues. His battle with the justice system, however, lasted far longer. Phillion gained his freedom in 2003 after spending more than 31 years wrongly imprisoned for the murder of an Ottawa firefighter.

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This link is relevant because it gives an extremely informational look into Roméo Phillion's case.

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Canadian Cases: R. v. Phillion, 2009 ONCA 202 - 5 March 2009

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Over 40 years ago, on August 9, 1967, Leopold Roy, a 20-year veteran of the Ottawa Fire Department, was stabbed to death in an Ottawa apartment building. His wife, Mildred, saw the assailant and provided the police with a description. On August 10, Detective John McCombie of the Ottawa Police Department showed Mrs.

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The relevance of this link is that it gives a closer look at what happens on a few exact dates involving the Roméo Phillion case.

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Aug. 9, 1967

Ottawa firefighter Leopold Roy is stabbed to death.

1972

Romeo Phillion is convicted of Roy's murder. Though he confessed to the murder while in custody on a robbery charge, Phillion immediately recanted and has maintained his innocence ever since.

Phillion appealed the conviction but to no avail. He has refused to apply for parole, saying it would be an admission of guilt.

When he was later asked why he confessed, Phillion would only say it was all a bad joke that cost him his life.

May 15, 2003

Phillion files an application asking Ottawa to set aside his conviction and order a new trial.

A police report not shown to the defence at the original trial confirms Phillion was stuck at a service station 200 kilometres from Ottawa, in Trenton, Ont., when the crime took place, according to Phillion's lawyer and a group of law students from York University's Osgoode Hall Law School in Toronto. The group, called "The Innocence Project," also says there's evidence that four Crown witnesses all changed their testimony about when they saw Phillion in Ottawa.

June 2003

Ontario Superior Court Justice David Watt says he is satisfied that he has jurisdiction to rule on Phillion's bail application. However, he says he does not have the power to determine whether the 1972 conviction was justified.

July 21, 2003

The Ontario Superior Court releases 64-year-old Romeo Phillion on $50,000 bail while the federal justice minister investigates whether he was wrongfully convicted. Phillion had been in jail for 31 years. He will live at his sister's home in Mississauga, Ont., while his case is being reviewed.

As a condition of his bail, Justice Watt said Phillion should receive support from the John Howard Society, a prisoners' rights group, and St. Leonard's House, which provides assistance for the reintegration of prisoners into society. "It would be unfair in my mind, unthinkable, to turn loose a person who has been in prison for three decades" without some sort of support, he said.

The review of the case could take as long as a year, according to Phillion's lawyer, James Lockyer. If Phillion's innocence is proven in court, his jail time would make him the longest-serving wrongfully convicted prisoner in Canadian history, says Lockyer.

August 23, 2006

Federal Justice Minister Vic Toews asks the Ontario Court of Appeal for help in determining whether to order a review of Phillion's conviction. Toews requests a ruling on whether expert reports on Phillion's confession and fresh evidence alleging information was suppressed at trial would be admissible if the case were reviewed in an appeal.

January 2008

The Ontario Court of Appeal reopens Phillion's case, seeking testimony from police and lawyers involved in the case. Retired police superintendent John McCombie tells the court he never mentioned Phillion's alibi during the course of Phillion's trial because he was "never asked." McCombie also says he couldn't remember all of the details of Phillion's case.

The Crown prosecutor in the 1972 murder trial, Malcolm Lindsay, denies that he misled Phillion's defence lawyer or suppressed evidence that would have exonerated Phillion. Phillion's former defence lawyer, Arthur Cogan, says he is "saddened and disturbed" that evidence of his former client's innocence may have been withheld.

Cogan says that Phillion's original confession to the crime, which he later recanted, was a desperate bid to protect his gay lover from other charges.

March 5, 2009

The Ontario Court of Appeal orders a new trial for Phillion as the province's top court strikes down his murder conviction. However, the court says in its 2-1 decision that it can not grant the acquittal Phillion seeks.

After the ruling, Ontario's attorney general moves to withdraw the charge instead of seeking the new trial.

Feb. 1, 2010

Phillion is scheduled to ask an Ottawa court to exonerate him instead of having the charges withdrawn.

Lockyer, his lawyer, will argue the court should order Phillion be arraigned so he can plead not guilty and be acquitted.

April 29, 2010

Crown prosecutors withdraw the murder charge, saying there was no longer any reasonable prospect of conviction.

Outside the Ottawa courtroom, Phillion said the presiding judge, in a statement following the Crown's withdrawal of charges, gave him a good birthday present.

"I got an apology from the judge, which was a gift today. I was not expecting that," he said.

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Ottawa firefighter Leopold Roy is stabbed to death. Romeo Phillion is convicted of Roy's murder. Though he confessed to the murder while in custody on a robbery charge, Phillion immediately recanted and has maintained his innocence ever since. Phillion appealed the conviction but to no avail.

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Innocence Canada - Causes of Wrongful Convictions

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Innocence Canada - Causes of Wrongful Convictions

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The relevance of this link is that it explains the causes for wrongful convictions in a way that is easily understood by all.

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Causes of Wrongful Convictions - Innocence Canada

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Research has shown the race and gender play a significant role in wrongful convictions. The New York Innocence Project reports that more than 70% of those exonerated by DNA evidence were racialized persons. As a point of comparison, over 70% of the American population are of Caucasian descent.

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A short 5 minute video showing many photos and articles involving Roméo Phillion, and the murder he served 31 years for.

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Wrongfully Convicted of Murder Romeo Phillion spent 31 years in prison before being fully exhonerated. He sued the Ontario government, the Ottawa police force and two detectives that worked his case for $14 million. However He died before receiving any compensation

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Explaining wrongful convictions, gives several examples of the victims of wrongful imprisonment.

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The Wrongfully Convicted - ppt video online download

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Canadian Department of Justice - The Impact of Wrongful Imprisonment 

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Canadian Department of Justice - The Impact of Wrongful Imprisonment 

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The relevance of this link is that it gives an in-depth look into the information that Government of Canada's Department of Justice has compiled about wrongful convictions, and the impact of them.

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1. Miscarriages of Justice: The Impact of Wrongful Imprisonment - JustResearch Edition no.13

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In this issue, we are focusing on a topical and thought-provoking theme: Achieving Justice for Vulnerable Canadians. The articles in this edition of JustResearch shed light on a number of significant issues concerning some of the more vulnerable groups in the Canadian Society.

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An Old Newspaper Article About the Murder

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An Old Newspaper Article About the Murder

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Library of Parliament Canada - Wrongful Convictions in the Criminal Justice System

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Library of Parliament Canada - Wrongful Convictions in the Criminal Justice System

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The relevance of this link is that it gives vital informational involving wrongful convictions in Canada, including problems with present law and practice.

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Wrongful Convictions in the Criminal Justice System (BP285e)

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Innocence Canada - Cases - Roméo Phillion

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Innocence Canada - Cases - Roméo Phillion

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The relevance of this link is that you can get a more in-depth look at 21 different cases of wrongful convictions, including the one I'm studying, Roméo Phillion.

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Finally, Romeo had compelling evidence with which he could get his case reopened. He sent Detective McCombie's report to the Innocence Project at Osgoode Hall Law School. On May 15, 2003, the Innocence Project and Innocence Canada (formerly AIDWYC) submitted a s.

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The relevance of this link is that it's a short look into all stages of progression in the Roméo Phillion case from his year early years, leading all the way up to the supreme court ruling of his innocence.

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Romeo Phillion was the longest-serving prisoner in Canadian history to have a murder conviction overturned.

Romeo Phillion was convicted in 1972 for the murder of an Ottawa firefighter. More than three decades later, he became the longest-serving prisoner in Canadian history to have a murder conviction overturned. When authorities refused to retry him for the crime, Phillion was denied the chance to be found innocent at trial, and to potentially receive compensation for his wrongful imprisonment.

Early Years

Born in Cobalt, Ontario, on 29 April 1939, Phillion was the fourth of nine children. At the age of eight, his parents sent him to a training school for orphans and truants run by a Christian order. He was sexually abused and bullied.

Phillion grew into a shiftless drifter. He learned to live by his wits, lying and committing petty crimes to survive, and consorting with other two-bit criminals. He compiled a criminal record that included convictions for living off the avails of prostitution, theft and assault.

Leopold Roy Murder

On 9 August 1967, Ottawa firefighter Leopold Roy was stabbed to death in an apartment building where he was superintendent. With the help of a description supplied by Roy's wife, Mildred, police assembled a composite sketch of the killer. Days later, Phillion's sometime-girlfriend Gail Brazeau told police that he resembled the composite sketch.

After seeing him in a police lineup, Mildred Roy also stated that there was a resemblance between Phillion and the man who stabbed her husband. In his defence, Phillion proffered an alibi, saying that he had been several hours away from Ottawa that day, in New Liskeard, ON.

Police realized that the lineup evidence from Mildred Roy was insufficient to sustain a criminal charge. They also found Gail Brazeau to be simple-minded and untrustworthy. They released Phillion.

Confession and Trial

For years, investigators remained stymied. Then, on 11 January 1972, Phillion was picked up for questioning in connection with an armed robbery of a taxi driver. Phillion's 18-year-old boyfriend Neil Miller (Phillion was bisexual), was also brought in for questioning.

Phillion surprised the police by suddenly admitting to the Roy murder and agreeing to supply a full confession if he were permitted to see Neil Miller. Hours later, Phillion recanted his confession, but it was too late.

His trial started before a jury on 16 October 1972. The prosecution case revolved around his confession, Mildred Roy's testimony, and a claim by Miller that Phillion had privately confessed to him about the murder.

Phillion's defence lawyer attempted to cast doubt on his client's mental health. He also painted Phillion as someone who would say anything to make himself sound important - including confess to a murder.

The defence also contended that Phillion and Miller had concocted a plan in which Phillion would confess to the Roy murder in hopes of obtaining reward money. According to the plan, Miller was to corroborate the confession.

On 7 November 1972, the jury found Phillion guilty. He was sentenced to life in prison with no parole eligibility for 10 years. Before being led away, Phillion predicted to his trial judge that the sentence "will kill me." His subsequent legal appeals failed.

Imprisonment

Phillion was no less erratic behind bars than he had been on the street. In 1990, he walked away from a minimum-security prison in Kingston, ON, and attempted to rob a bank. Handed more than $2,000 by a teller, he caught a cab and returned to his prison, where he handed the money out to other inmates.

Phillion also attempted suicide several times in prison, once lowering a line with fishhooks down his throat and yanking it back up.

When he became eligible for parole, Phillion steadfastly refused to apply because he would not admit to killing Roy. He knew that without conceding guilt, it was highly unlikely that authorities would grant him parole.

McCombie Report

In 1998, a parole officer left a file in Phillion's cell in Kingston Penitentiary. It included a 1968 report written by Ottawa Police detective John McCombie that ruled out Phillion as a suspect in the Roy murder.

The report detailed how investigators had gone to a service station near Trenton, ON, in 1968 to determine whether Phillion was telling the truth about being on his way back to Ottawa from New Liskeard around the time Roy was murdered. The owner of the Trenton service station confirmed to police that Phillion had been there between noon and 1 p.m. that day. Since Trenton is 237 kilometres away from Ottawa, this made it impossible for Phillion to be the killer.

The police report quoted the service station owner saying that Phillion had left his car radio in lieu of paying for a tank of gas and some simple repairs, "therefore making it impossible for him to return to Ottawa by 2:45 p.m. at the time the murder was committed."

The report had not been disclosed previously to Phillion or his lawyer.

Proving His Innocence

Phillion began trying to raise interest in his case. In interviews with the media, he was adamant that he would one day prove his innocence. "They want you to sit there and feel remorse for something you didn't do," Phillion said in 2001. "I'm going to fight on. I'm innocent and they have no choice. I'll take any test they throw at me because I'm innocent."

Phillion conceded that his long-ago confession was a blot that would be difficult to erase. "I was so naive, so stupid," he said. "I kick my butt for what I did. I ruined my life, for a stupid thing."

Phillion stated that his primary motivation for making the false statement had been to ensure that Miller didn't get into trouble.

"Neil was very sensitive; a drag queen," he said. "Being locked up like that . . . he would die . . . It wasn't a confession. It was a false statement."

The Innocence Project and the Association in Defence of the Wrongly Convicted (AIDWYC) adopted Phillion's case in the early 2000s. In 2003, they submitted a joint application to the federal minister of Justice for a review of Phillion's case using a Criminal Code provision that permits cases to be reopened when there is pertinent fresh evidence.

The two organizations had also unearthed new evidence showing that Phillion had made startling errors in his original police statements. For example, Phillion had taken investigators to a bridge where he had purportedly thrown his bloodied clothes into a river. However, upon learning that the location was inaccessible by car, he had changed his mind and taken them to a different bridge.

Court of Appeal Hearing

While the minister of Justice considered his application, Phillion was granted bail. In 2006, the minister decided that the fresh evidence raised serious questions about whether Phillion had been wrongly convicted. He ordered that a special hearing be held by the Ontario Court of Appeal to reconsider Phillion's case.

During the hearing, Detective McCombie testified to a panel of three judges that he had ultimately discovered other evidence that discredited Phillion's alibi. However, the court majority was skeptical of the claim and concluded that Phillion had not received a fair trial. They ordered a retrial.

Instead, on 29 April 2010, the Crown simply withdrew the charge against Phillion. Prosecutors said it would be futile to attempt to try the case again after so much time had passed. The Crown's decision left Phillion in legal limbo. Unconvicted - yet not shown to have been the victim of a miscarriage of justice - he was deprived of the possibility of obtaining financial compensation, outside of a civil lawsuit.

Supreme Court Ruling

A quiet and well-mannered man in his later years, Phillion never gave up his search for justice. He launched a lawsuit against police and the Crown in 2013. However, it was dismissed by an Ontario Superior Court judge.

Shortly before his death in late 2015, the Supreme Court of Canada disagreed with the lower court ruling and upheld Phillion's right to pursue the lawsuit. Nine months later, however, Phillion died of emphysema at the age of 76, leaving his lawsuit in legal limbo.

The Phillion case has come to stand for the unreliability of eyewitness evidence - such as Mildred Roy's police lineup identification. It is also regarded as proof that, as counterintuitive as the notion may seem, individuals do sometimes falsely confess to serious crimes.

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association in defence of the wrongly convicted

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Romeo Phillion was the longest-serving prisoner in Canadian history to have a murder conviction overturned. Romeo Phillion was convicted in 1972 for the murder of an Ottawa firefighter. More than three decades later, he became the longest-serving prisoner in Canadian history to have a murder conviction overturned.