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This video talks about awareness for wrongfully convicted cases such as Erin Walsh's case.

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Wrongful conviction day sheds light on miscarriages of justice

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This video provides an insight from the defence point in Erin Walsh's case as well as many other wrongfully convicted cases in Canada.

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The defence of the wrongly convicted | James Lockyer | TEDxIB@York

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This photograph was taken upon the release of Erin Walsh in 2008.

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This photo is one of the most recent photographs taken of Erin before his passing.

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This article from 2008 includes details of how Erin Walsh's case was able to be re-looked at by judges. This article also provides information on wrongfully convicted case processes in Canada.

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Federal Justice Minister Robert Nicholson has referred the case of a convicted murderer who has maintained his innocence for more than 32 years to the New Brunswick Court of Appeal.

Erin Michael Walsh, 59, was convicted of the slaying of Melvin "Chi Chi" Peters in 1975.

New evidence related to the murder conviction justifies a re-examination of the case, Nicholson said in a news release on Friday.

"I am satisfied there is a reasonable basis to conclude that a miscarriage of justice likely occurred in Mr. Walsh's 1975 conviction," Nicholson said.

Walsh, who has a long criminal record, was travelling from Toronto when he arrived in Saint John in August 1975. He ended up drinking with a group that included the victim at a beach in the south end of the city. When later leaving the area, a struggle took place in a car, a shotgun went off and Peters was killed.

Currently in the final stages of terminal cancer and relying on a wheelchair, Walsh appeared weak and fatigued as he appeared before the media on Friday to discuss the possibility of having his name cleared before his death.

"I wish that more than anything in my life," Walsh said Friday. "Not just for my sake, but my family's sake, who have also have to wear the shame and the guilt of being with a person who society deems among all its residents the most dreaded."

Last year, Walsh's fight for justice became the subject of a documentary by the CBC's The Fifth Estate.

In the documentary, Walsh admits to committing several crimes in his life, but insists he never murdered anyone.

"I haven't been a boy scout," he told reporters Friday. "I'm no saint. I had a shady past ... but nothing in my past prepared me for what I endured as a wrongfully convicted individual."

The New Brunswick Court of Appeal will hear Walsh's case on March 14.

Jury was quick to convict 32 years ago

Walsh's lawyers asked that the review of Walsh's conviction be heard as quickly as possible because of his deteriorating condition.

"He's living on borrowed time," lawyer James Lockyer told the New Brunswick Court of Appeal on Friday.

Prosecutor Jeff Mockler said New Brunswick's attorney general agrees there appears to have been a miscarriage of justice and told the court the proceedings can be narrowed to a consideration of remedy in the case.

At Walsh's trial in 1975, prosecutors presented the case as open and shut, and the jury took only one hour to convict Walsh.

In December 2006, Walsh's lawyers applied to the justice minister to review the murder conviction after new evidence surfaced that Walsh alleged was not disclosed at the time of the trial. A conviction review can only be granted if all avenues of appeal have been exhausted.

Earlier appeals to the New Brunswick Court of Appeal were dismissed in July 1982 and November 1982.

Walsh has said he has documents from a 2005 access to information request that indicate evidence not revealed during his trial would have supported his defence and may have resulted in him being found not guilty.

The documents indicate police overheard a jail cell conversation between two people Walsh was travelling with suggesting one of them had committed the crime, he said. But the conversation was never admitted into evidence during the trial.

At the 1975 trial, one of the men involved in the conversation testified against Walsh, adding to the evidence that was used to convict him of second-degree murder. He was given a life sentence.

Walsh in final stages of colon cancer, lawyers say

Walsh was granted day parole in 1984 and full parole in 1986. But a string of crimes has seen him go in and out of prison since that time. He is currently out of jail on compassionate parole after being diagnosed with colon cancer in March 2007.

"His last wish, apart from thoughts of his family, is that he die with his name cleared of the murder of Mr. Peters," said a news release issued by his legal team.

"Since I was first asked to work on his case, eight months ago, I have been preoccupied with seeing his conviction overturned while he was still alive," Philip Campbell, one of Walsh's lawyers, said in the release.

"I am sure that the justice system in which he has placed his trust will finally be able to meet the challenge of his case in the time left to him."

Civil suit against prosecutor, police pending

Walsh also has a civil suit filed against William McCarroll, now a senior judge in Saint John, who was the Crown attorney in the case. The suit also names all the chiefs of police in Saint John between 1975 and the present, the RCMP, the province and the attorney general of Canada.

He is seeking $50 million in damages for the alleged deliberate attempt to suppress evidence.

If Walsh dies before the end of his civil case, his estate won't be entitled to any compensation.

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N.B. court to review dying man's murder conviction | CBC News

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Federal Justice Minister Robert Nicholson has referred the case of a convicted murderer who has maintained his innocence for more than 32 years to the New Brunswick Court of Appeal. Erin Michael Walsh, 59, was convicted of the slaying of Melvin "Chi Chi" Peters in 1975.

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This article provides information regarding the release of Erin Walsh and his reuniting with his wife. This article also provides information on Erin's medical issues and how they benefited to his release.

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FREDERICTON-A dying Ontario man has been granted a last, great wish: to be acquitted of a murder he was wrongly convicted of almost 33 years ago in New Brunswick.

Erin Walsh, who is in the final stages of terminal colon cancer, cried and hugged his wife and his lawyers Friday after a panel of judges with the province's Appeal Court quashed his murder conviction and entered an acquittal.

Walsh shakily stood up from his wheelchair and thanked the three high court judges.

"Please accept my heartfelt gratitude on behalf of my family and myself," he said, leaning heavily on a cane. "This is a tremendous relief for me."

The Appeal Court moved with uncharacteristic speed in considering Walsh's case.

The unorthodox hearing, expedited because of Walsh's illness, came about after both federal and New Brunswick justice officials agreed there likely had been a miscarriage of justice.

Walsh, 59, of Kingston, Ont., was convicted in October 1975, of using a sawed-off shotgun to fatally shoot Melvin (Chi Chi) Peters in Saint John, N.B.

He served 10 years in prison before getting parole and has been in and out of custody since for parole violations.

Walsh has never claimed to be an angel, but has always maintained he was innocent of the murder. He desperately wanted the stain of that conviction removed from his life.

The acquittal came about after Walsh himself uncovered information and documents relating to his case that had not been presented to the jury during the trial. The information included evidence suggesting another person had actually shot Peters.

"This means I'm a free man," a euphoric Walsh told reporters outside the courthouse.

"Freedom now means something to me. It's not just a word. It's something I'm going to wear every day of my life just like I wore my captivity."

Walsh's lawyer, James Lockyer of the Association in Defence of the Wrongly Convicted, said the acquittal is a great ending to a difficult story.

"Erin has spent a lot of time in prison, as did so many of the others," Lockyer said of the wrongly convicted.

"He was in less time than David Milgaard and longer than Donald Marshall. They're all tragedies in their own way but they are also great endings to all the stories. Today was a tremendous ending to Erin's case."

Walsh has filed a lawsuit against the prosecutor from his 1975 trial, as well as police officials. But he didn't have much to say Friday about the civil case.

"It's not something I'm thinking about right now," he said. ``It will be pursued vigorously but I can't say anything more.

"My focus has been on vindication."

The man who prosecuted Walsh, William McCarroll, is now a provincial court judge in Saint John.

Peters was shot to death in a car jammed with five people, including Walsh, after a long day of drinking and carousing in Saint John.

Walsh, who was transporting illegal drugs in his car, said the men he had been drinking with tried to rob him.

There was a gun, a struggle and the gun went off, killing Peters. Walsh insisted he didn't pull the trigger, but police and prosecutors treated it like an open-and-shut case.

It took a jury only four hours to convict Walsh.

Walsh got a break in 2005 when he asked for and received documents from the New Brunswick Archives relating to his case.

Included in the material was a jail cell conversation between two of the men who had been in the car. One asked the other why he shot Peter, but the two ended up fingering Walsh for the crime and testifying for the prosecution.

McCarroll has defended his decision to ignore the information, saying it was "the jabbering of drunks."

But the Appeal Court judges said the jail house talk and other evidence should have been presented because it could have raised reasonable doubt in the minds of the jurors.

Walsh said his family, his lawyers and his strong faith in God helped him keep fighting to clear his name.

"This is the best day of my life," he said. "I've been working hard towards it for 33 years and finally it's here.

"I want to thank God who has kept me strong throughout this ordeal, and my family and my lawyers."

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Dying man acquitted of 1975 murder conviction

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FREDERICTON-A dying Ontario man has been granted a last, great wish: to be acquitted of a murder he was wrongly convicted of almost 33 years ago in New Brunswick. Erin Walsh, who is in the final stages of terminal colon cancer, cried and hugged his wife and his lawyers Friday after a panel of judges with the province's Appeal Court quashed his murder conviction and entered an acquittal.

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This video thoroughly explains the case of Erin Walsh and how he was eventually able to be free'd over 30 years later.

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The case of Erin Walsh was the first officially recognized wrongfully-convicted case in New Brunswick. This University database provides information on Erin Walsh's case and how he was released.

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Wrongful convictions

A wrongful conviction means that a person who did not commit the crime is sent to jail and, in some countries, executed. Since the early 1970s, for example, more than one hundred convicted murderers in the United States have been exonerated.

Many Canadians are familiar with the cases of Donald Marshall Jr., David Milgaard and Guy Paul Morin who were convicted of homicides that they did not commit and spent many years in penitentiary. Less is known about miscarriages of justice in New Brunswick.

When murder convictions are overturned years later, in many cases the actual perpetrators go undetected and unpunished. This is a double miscarriage of justice; not only are the innocent punished for crimes they did not carry out, the victims and their families do not receive justice.

Common causes of wrongful convictions, which have led to the execution of innocent persons in the United States (and in Canada prior to the abolition of the death penalty) include false or improper confessions, use of in-custody informers, inconsistent eyewitness identification and incomplete or ambiguous forensic evidence. In some cases mistakes have been made by defence counsel. Another issue is disclosure: in the past Crown attorneys did not always reveal all the relevant evidence to the defence. Finally, there is the passage of time: evidence is destroyed or misplaced, memories fade and investigators retire and pass away.

Historical evidence suggests that on occasion witnesses are coerced by pressure from police and that the accused because of prior criminal records lack sympathy in the community. There is also the matter of prosecutors making deals with accused individuals in order that they testify on behalf of the Crown. In these cases, accused persons pleaded guilty to lesser charges or charges were dropped.

Over the years journalists have raised questions about the 1984 murder convictions of Robert Mailman and Walter Gillespie, charged with the brutal slaying of George Gilman Leaman in Saint John. Although a key eyewitness almost immediately recanted his testimony, an appeal of this conviction was dismissed by the New Brunswick Court of Appeal in 1998.

Source: Don Cayo,"The Convictions in Question," Globe and Mail, April 20, 1998.

The first officially-recognized wrongful conviction case in New Brunswick is that of Erin Michael Walsh, an Ontario resident who was arrested for the murder of Melvin 'Chi Chi' Peter's in Saint John in 1975. Walsh and a friend had met and consumed alcohol with three local men, including Peters. A struggle took place inside an automobile and a saw-off shotgun blast had killed Peters. Walsh, an outsider with a criminal record, was convicted of second degree murder. He worsened the situation by taking his own lawyer and several jail guards hostage prior to the trial.

This lawyer quit and the new lawyer had only a few days to prepare. Furthermore, Walsh refused to give a statement to the police and refused his new lawyer's advice not to testify. An admitted drug dealer with a record of property and weapons offences, he was not a creditable witness. The jury deliberated for less than one hour and Walsh was convicted and sentenced to life in penitentiary. An appeal was denied in 1982. The situation was not helped by a series of conflicting statements given by Walsh over the years. In 1984 Walsh, whose criminal record extended back to 1965, was granted parole. Over the next few years he continued to be in trouble with the law.

Using access-to-information legislation, in 2005 Walsh requested documentation from the investigation and began a new legal battle. In 2008, suffering from terminal cancer, he was freed from prison after more than two decades when the New Brunswick Court of Appeal quashed his sentence. The Crown had opposed an acquittal and argued for a new trial but conceded that there had been a denial of procedural fairness.

The federal minister of justice had ordered a re-examination of the evidence. The Crown had not disclosed key evidence to the defence, including a ballistics report, evidence from civilian eyewitnesses who heard Walsh crying out for help as he had been taken to the car and a recordings of conversation between two Crown witnesses in jail as they had concocted a story to place the blame on Walsh. One of the alleged motives, according to this story, had been racism (Peters was African Canadian).

Peters then decided to sue the province of New Brunswick, the police and the prosecutor for being deprived of a right to fair trial and for wrongful imprisonment. The case was made more controversial by remarks allegedly made about Walsh by New Brunswick Attorney General T.J. Burke. A year later Walsh accepted an out-of-court settlement with the government of New Brunswick for his wrongful conviction. Details of the settlement were not released. Walsh died at his home in Kingston, Ontario in 2010.

In 2007 the University of New Brunswick Law School began to offer seminar on wrongful convictions. Students not only study the issue, they also gain practical experience by working with counsel for Innocence Canada.

Further reading

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A wrongful conviction means that a person who did not commit the crime is sent to jail and, in some countries, executed. Since the early 1970s, for example, more than one hundred convicted murderers in the United States have been exonerated.

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This website effectively summarizes and describes Erin's history and the actions during his trial following through to the end of his life. This website has a strong significance to Erin Walsh as Innocence Canada was responsible in aiding in the exoneration of Erin.

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Author: Sarah Harland-Logan

Introduction

Erin Walsh was not a saint, but nor was he a killer. He spent over 30 years trying to prove it.[1]

On August 11, 1975, Erin and his friend George Ferguson arrived in Saint John, New Brunswick, hoping to do some business. Specifically, they were planning to sell methamphetamine, which they had bought in Montreal. That night, Erin and George went drinking and met several locals, including Donald MacMillan and David Walton. The next morning, the friends met up with Donald and David again and discussed Erin's drug-selling plans. They were soon joined by a fifth man, Melvin "CheChe" Peters. All five then drove to nearby Tin Can Beach.[2]

At the beach, Erin took off his shirt and waded into the bay. Looking up, he suddenly noticed that his Cadillac's trunk was open. Suspicious, he waded back to the beach and checked his shirt pocket for his keys. He discovered that they were missing. Erin had only a few moments to get angry before Donald, David and CheChe attacked him. Erin found himself on the ground, facing the wrong end of a sawed-off shotgun.[3]

Erin's assailants demanded to know where he kept his methamphetamine and money. He truthfully told them that both were in his car. Erin then made his escape and ran up a nearby embankment, where several men were working on the railroad tracks. Fearing for his life, he asked them to call the police.[4]

Soon after, his friend George caught up to him, and explained that the other men had calmed down and that they had only been "joking". Erin and George then headed back toward Erin's car. It turned out that the other three had not been joking at all: they intercepted Erin and George en route to the car, and forced Erin into the front seat at gunpoint.[5]

Donald, David and CheChe then started discussing what they should do with Erin. Donald said that they had to "get rid of him somehow." CheChe replied that they should simply "blow his head off right here." Knowing he had nothing to lose, Erin made a desperate grab for the shotgun, and several people then struggled for it. Erin heard a shot but did not know exactly what had happened: he would later recount that he "went into a state of shock temporarily." That said, he thought that it was Donald who had ended up with the gun.[6]

One thing that was perfectly clear was that CheChe had been shot. The car's occupants soon heard a police siren. As the Court of Appeal would later phrase it, CheChe then fell out of the car, "got up, staggered to the police cruiser, opened the back door and fell across its seat." The police promptly arrested all four men who were still in Erin's car. CheChe was rushed to the hospital, but soon succumbed to the gunshot wound he had taken to the chest.[7]

Later that day - August 12, 1975 - Erin was charged with CheChe's murder.[8]

Erin's Trial

At trial, the Crown presented a very different view of what had happened in the minutes leading up to the shooting. The prosecution called Donald and David, who claimed that rather than attacking Erin, they had all just been drinking together. In their version, the only person who was causing problems was Erin himself: they claimed that he had been making racist remarks aimed at CheChe, who was African-Canadian. They also claimed that the shotgun belonged to Erin, and that he had purchased both the gun and its ammunition during his stay in Saint John. Finally, Donald and David testified that once the men had returned to Erin's car, he had - most implausibly - "reached under the front seat, pulled out the firearm and shot Mr. Peters, who was sitting in the back seat minding his own business."[9]

Erin tried to explain what had really happened; but he had no evidence except his word, which the jury did not believe. In fact, they were so convinced of his guilt that their deliberations only took an hour, including a break for lunch.[10]

On October 17, 1975, Erin was convicted of the second-degree murder of CheChe Peters. He spent the next 10 years in jail for a crime that he did not commit, followed by additional stints in prison for parole violations. From the beginning, Erin always insisted that he was innocent.[11]

The Emergence of Hidden Evidence

For the next 33 years, Erin fought to clear his name. He first appealed his case to the New Brunswick Court of Appeal, but the court was not persuaded. Undeterred, Erin wrote to every official he could think of, trying to get more information about his case, even when he knew that the parole board would hold these efforts against him.[12]

In 2003 - 28 years after his conviction - Erin wrote to the New Brunswick Provincial Archives, and at long last received a helpful response. The Archives sent him the complete Crown file of his case. What he found there would clear his name.[13]

Erin soon realized that the Crown had kept him in the dark about several serious problems with their case against him. Most crucial of all was the fact that police had overheard Donald and David discussing what had really happened, while waiting after their arrest in the cells. David had asked Donald, "What did you shoot CheChe for?" - to which Donald had replied, "You're going to help me out, aren't you, Dave?" The two then started coming up with the story that would draw attention away from Donald and point the finger at Erin instead.[14]

In addition to the record of this conversation - which would have seriously damaged the credibility of both Crown witnesses - the police also had a statement from the owner of the hardware store where Erin had supposedly purchased shotgun shells. The statement made it clear that Donald was the real purchaser. In fact, he bought the shells before Erin had even arrived in Saint John.[15]

Moreover, the Crown file also contained statements from seven Canadian National Railway employees, all of whom agreed that Erin had indeed fled from the beach and asked them for help. Taken together, these three new pieces of evidence made it clear that Donald and David had lied to the jury about the events that led to CheChe's death.[16]

Finally, the file included a ballistics report showing that both versions of events were consistent with the ballistics evidence. Since Erin had not been provided with this report, he did not have enough information to ask the ballistics expert effective questions and properly support his side of the story. At his own trial, Erin had been flying blind.[17]

A Miscarriage of Justice

In late 2006, Erin, with Innocence Canada's (formerly AIDWYC) help, filed an application with the Federal Minister of Justice for a review of his conviction (as per s. 696.1 of the Criminal Code). He argued that the extensive new material he had discovered in the Crown file proved that he was innocent.[18]

Sadly, Erin had just been diagnosed with terminal cancer. He was now fighting not only to clear his name but also for his life. As a result, the New Brunswick Court of Appeal made every effort to hear his case promptly, as soon as the Minister of Justice approved Erin's application in February of 2008. The process was also expedited because the Crown now agreed that Erin had suffered a miscarriage of justice and that his conviction should be quashed.[19]

On March 14, 2008, the New Brunswick Court of Appeal found that no reasonable jury, in possession of all the evidence, could have found Erin guilty of CheChe's murder. Therefore, the Court quashed Erin's conviction and entered an acquittal. More than three decades after his wrongful conviction, Erin had finally cleared his name.[20]

Causes of Erin's Wrongful Conviction

Erin was wrongly convicted because he was never provided with the evidence that he needed to make his case. The Supreme Court made it crystal clear, in its 1991 decision R v Stinchcombe, that this behaviour from the Crown is not acceptable. Rather, the prosecution is required to disclose any and all potentially relevant documents to the defence (except for a few types of privileged materials).[21]

As the Supreme Court held in Stinchcombe, "The right to make full answer and defence is one of the pillars of criminal justice on which we heavily depend to ensure that the innocent are not convicted." Failing to provide the defence with all the relevant evidence can prevent the accused person from receiving a fair trial, which of course can lead to a wrongful conviction, as it did in Erin's case.[22]

In its Stinchcombe decision, the Supreme Court also quoted from a much earlier judgment, Boucher v The Queen. In this celebrated 1955 case, the Supreme Court clarified that the prosecutor's goal is not to win cases, but rather to ensure that justice is done:

It cannot be over-emphasized that the purpose of a criminal prosecution is not to obtain a conviction, it is to lay before a jury what the Crown considers to be credible evidence relevant to what is alleged to be a crime. Counsel have a duty to see that all available legal proof of the facts is presented: it should be done firmly and pressed to its legitimate strength but it must also be done fairly. The role of prosecutor excludes any notion of winning or losing; his function is a matter of public duty that which in civil life there can be none charged with greater personal responsibility. It is to be efficiently performed with an ingrained sense of the dignity, the seriousness and the justness of judicial proceedings.[23]

After all, when an innocent person is wrongly convicted, nobody wins.

Wounds that Innocence Canada Cannot Heal

After Erin's acquittal, he told reporters that "This is the best day of my life" - "I've been working hard towards it for 33 years and finally it's here." Now he could say the words, "I'm a free man," and mean them: "freedom now means something to me. It is not just a word. It is something that I'm going to wear every day of my life like I wore my captivity." Erin's description of his newfound freedom makes it clear that until his long-overdue acquittal, a part of him remained behind bars.[24]

Far too soon after fully gaining his freedom, Erin passed away, after a four-year battle with colon cancer. He died at home in Kingston, surrounded by his family, at age 62.[25]

In the words of Innocence Canada lawyer and Director Sean MacDonald, "The fact that a doctor gave him six months to live in August of 2006 and he went on to engage in what would become an epic fight for justice after being diagnosed with terminal cancer speaks for itself."[26]

[1] See Sean MacDonald, "Erin Walsh Exonerated After 33 Years." (Spring 2008) Vol. 9 AIDWYC Journal, pp. 3-4 ["Exonerated"]; Chris Morris, The Canadian Press: "Dying Man Acquitted of 1975 Murder Conviction." March 14, 2008, available at The Star: http://www.thestar.com/news/canada/2008/03/14/dying_man_acquitted_of_1975_murder_conviction.html ["Dying Man Acquitted"].

[2] Walsh v New Brunswick, 2008 NBCA 33 at paras 10, 15, 19, 238 CCC (3d) 289 [Walsh].

[3] Ibid at paras 11, 23-24.

[4] Ibid at paras 25-26.

[5] Ibid at paras 27, 31, 33.

[6] Ibid at paras 33, 35.

[7] Ibid at paras 34, 36.

[8] Ibid at para 2.

[9] Ibid at paras 2, 10, 21, 65, 75; "Exonerated," supra note 1 at p. 3.

[10] "Exonerated," supra note 1 at pp 3-4.

[11] Walsh, supra note 1 at paras 3-4; "Dying Man Acquitted," supra note 1.

[12] Exonerated," supra note 1 at p. 3; Walsh, supra note 1 at para 3; "Dying Man Acquitted," supra note 1.

[13] Exonerated," supra note 1 at p. 4.

[14] Walsh, supra note 1 at paras 38, 80, 89, 94.

[15] Ibid at paras 66-68.

[16] Ibid at para 72.

[17] Ibid at para 76.

[18] Ibid at paras 1, 4.

[19] Ibid at paras 6-7, 45; "Exonerated," supra note 1 at

[20] Walsh, supra note 1 at paras 91, 99; "Exonerated," supra note 1 at p. 3.

[21] R v Stinchcombe, [1991] 3 SCR 326, [1991] SCJ No 83.

[22] Ibid at para 11.

[23] Boucher v The Queen, [1955] SCR 16 (Rand J) at pp. 23-24 (emphases added).

[24] "Exonerated," supra note 1 at p. 3; "Dying Man Acquitted," supra note 1.

[25] CBC News: "Man Wrongfully Convicted in N.B. Murder Dies." October 14, 2010: http://www.cbc.ca/news/canada/new-brunswick/man-wrongfully-convicted-in-n-b-murder-dies-1.912058.

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Author: Sarah Harland-Logan Erin Walsh was not a saint, but nor was he a killer. He spent over 30 years trying to prove it.[1] On August 11, 1975, Erin and his friend George Ferguson arrived in Saint John, New Brunswick, hoping to do some business.

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This photo is Erin Welsh after he had been released from prison in 2008. This photo was taken in Kingston, Ontario. Kingston is where Erin lived with his wife upon his release.