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After fighting for almost 40 years to become a free man after being wrongfully convicted of murdering firefighter, Leopold Roy, Romeo lost his battle to a long illness, only 5 years after being acquitted from his murder charges.

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This was taken when Romeo was finally acquitted from his wrongful murder charges on his 71st birthday. A great present for him, a long awaited gift, though he still had quite the road ahead of him to officially become a free man.

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Romeo Phillion's mugshots (1976) from when he first started serving his sentence for the wrongful conviction of the murder of Leopold Roy. He was only 40 years old at the time of his imprisonment. Little did he know he would spend a lifetime paying for a mistake the government made.

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Because of Romeo's choice to make a wrongful confession to get his "15 minutes of fame" he never thought it would go so far. He made a stupid mistake, though he didn't deserve to serve 32 years in prison for it. Romeo had a mental illness and with that a lot of the things he said were inconsistent, which played a part in his wrongful conviction.

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The justice system is not infallible. Romeo Phillion knew that better than most.

Wrongfully convicted of murder in 1972, he would spend almost 32 years in prison - a life robbed by the failure to acknowledge what is not so surprising today: that confessions can be false; that evidence is sometimes withheld; that the courts can get it wrong.

Phillion died Monday morning at the age of 76 in a Mississauga hospital, following a long illness. He was the longest-serving inmate in Canada to have a murder conviction thrown out.

What he wanted most in his years of freedom, he never received: a finding by the court that he was innocent of the 1967 stabbing death of Ottawa firefighter Leopold Roy, an apology for the decades spent cut off from society and compensation from the government.

"I think it was a case that was worth a public inquiry," said lawyer James Lockyer, who represented Phillion in his push to have his conviction quashed.

"When you keep someone in jail for 31 and a half years, that is a quote-unquote mistake that requires more than just a courtroom dealing with it, because the courts don't get to the systemic issues involved."

Romeo Phillion poses for a photo with his sister Simonne Snowdon and brother Armand Phillion after being exonerated from a long standing murder conviction on March 5, 2009. (Tony Bock/Toronto Star)

Phillion was granted bail in 2003, shortly after a request was made for the justice minister to review his case.

By that point, the case had been taken on by the Innocence Project at Osgoode Hall Law School and the Association in Defence of the Wrongly Convicted (AIDWYC), of which Lockyer is a co-founder.

"He would want to be remembered as a fighter, as a man who spent many years trying to fight on principle for what was right," said lawyer Alan Young, co-founder of the Innocence Project.

Romeo Phillion in a police mugshot from 1972, when he began serving a sentence for murder.

The government referred Phillion's case to the Ontario Court of Appeal, which ordered a new trial - but not an acquittal - in 2009.

The court found that it was never disclosed to the defence at the first trial that police had verified Phillion's alibi, showing his innocence.

The police report confirming the alibi might never have surfaced, had a parole officer not shown it to Phillion in 1998, according to his biography on the AIDWYC website.

Romeo Phillion at his sister's home in Mississauga in 2003 along with his cat, Tiger, who was his companion for 2 1/2 years in prison. (Tobin Grimshaw/Toronto Star)

The Crown withdrew the murder charge against Phillion on his 71st birthday, April 29, 2010, arguing too much time had passed.

He would continue to fight after the charge was dropped.

Earlier this year, the Supreme Court of Canada paved the way for his $14-million lawsuit against the Crown and police.

His civil lawyer, David Robins, said he'll be seeking instructions from Phillion's estate about continuing the lawsuit.

"I didn't do 32 years for nothing," Phillion told the Star when he first launched the lawsuit in 2012. "I lost my freedom. Somebody's got to pay for that."

Phillion was "never well treated by the system," said Lockyer.

He was convicted by a jury largely based on a confession he reportedly made to impress his lover, Neil Miller, and that he recanted almost immediately.

"I was so naïve, so stupid. I kick my butt for what I did," he would tell the Star years later. "I ruined my life, for a stupid thing."

Lockyer said he recalled the confession was because Phillion wanted his "15 minutes of fame."

"He was boasting in the cells to the police about how he had fooled their fellow officers, and was asking to see a newspaper so he could see his face on the front page," Lockyer said.

Phillion's trial lawyer, Arthur Cogan, told the Star that Phillion suffered from mental health issues, and would often tell stories that were difficult to verify.

"He told a number of things that were inconsistent, several places that he was at all at the same time," he said, adding Phillion did not take the stand on his advice. "It was very hard to determine which was correct."

Cogan said one lasting impact Phillion's case had on the criminal justice system is found in a Supreme Court ruling that concluded polygraph evidence could not be submitted to prove innocence.

Cogan had tried to have a lie-detector operator testify that Phillion's polygraph readings were consistent with his claims that he had falsely confessed.

Phillion maintained his innocence in prison, refusing to apply for parole because he believed it would be seen as an admission of guilt.

Lockyer said he believed Phillion's 12 years of freedom were happy ones.

He was a staunch supporter of AIDWYC, appearing in his scooter at many of their events, as well as in court when a wrongfully convicted individual was being released.

"He had friends he never had before and he had a sense of being someone, because people were really interested in meeting him and hearing him speak publicly," said Lockyer.

"It was remarkable how much everyone always liked him."

Phillion is survived by four sisters.

Funeral arrangements have yet to be confirmed.

With files from Star staff and The Canadian Press

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Romeo Phillion, wrongfully imprisoned for 32 years, dies at 76 | The Star

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The justice system is not infallible. Romeo Phillion knew that better than most. Wrongfully convicted of murder in 1972, he would spend almost 32 years in prison - a life robbed by the failure to acknowledge what is not so surprising today: that confessions can be false; that evidence is sometimes withheld; that the courts can get it wrong.

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Even after being in prison for over 3 decades for a crime he did not commit, Romeo Phillion was still denied compensation for his wrongful conviction. This is so terrible to find out. His charges were dropped, though he was never officially exonerated, which was this 75-year-old's only real wish.

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A man who spent 31 years behind bars before his murder conviction was quashed has lost his bid to sue those involved in his prosecution, an Ontario court has ruled.

In dismissing the $14-million lawsuit, Superior Court Justice Eva Frank found the Ontario Court of Appeal had already weighed in against many of the allegations Romeo Phillion made in his claim.

"It is impossible to read the findings of the Court of Appeal in such a way that would allow for any interpretation other than that the defendants did not act out of malice," Frank wrote in her decision.

In his claim, Phillion, 74, alleged negligence and wrongdoing by prosecutors and police. He claimed the defendants had failed to tell the defence about an alibi that might have exonerated him.

Firefighter killed in 1972

Phillion was convicted in 1972 of having murdered Ottawa firefighter Leopold Roy five years earlier based on a confession he recanted almost immediately. He was jailed for life.

He ultimately persuaded the federal government to reopen his second-degree murder conviction, and the case was handed to the Ontario Court of Appeal for a review.

In March 2009, the Appeal Court quashed his conviction and ordered a new trial. The Crown ultimately withdrew the charge, arguing too much time had passed to pursue it.

Phillion sued for damages, naming two Ottawa police officers and the province's attorney general.

In her April 24 decision, Frank noted the Appeal Court had rejected any suggestion of wrongdoing by police or Crown. She also said too much time had passed to try the claim now.

Fair trial 'not possible' says judge

"It is not possible for there to be a fair trial in this action," Frank wrote. "To allow it to proceed would be an abuse of the court's process."

Lawyer Kirk Boggs, who acted for the Ottawa police, said allowing the suit to proceed could have unfairly damaged the reputations of those involved in the prosecution.

"Sometimes the court system has to say enough: If we attempt to go further, we may do more harm than good," Boggs said in a statement Wednesday.

"Witnesses have passed away, memories have significantly eroded and evidence has disappeared."

Phillion's lawyer, David Robins, would only say an appeal was under consideration.

Case overturned in 2009

In its split decision in 2009, the Ontario Court of Appeal made it clear it was not exonerating Phillion.

However, the court did find investigators had concluded at one point that Phillion could not have killed Roy because he was far from the crime scene.

Police said they later debunked the alibi and so the prosecution had no duty to tell the defence about it.

Still, the Appeal Court found a jury might have reached a different verdict had Phillion's lawyer been able to pursue the alibi issue at trial.

A dissenting Appeal Court justice said only the killer could have known details in the confession.

He was the longest-serving inmate to have a murder conviction overturned. He always refused to seek parole, saying it would amount to an admission he had killed Roy.

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Romeo Phillion loses bid to sue for quashed conviction | CBC News

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A man who spent 31 years behind bars before his murder conviction was quashed has lost his bid to sue those involved in his prosecution, an Ontario court has ruled. In dismissing the $14-million lawsuit, Superior Court Justice Eva Frank found the Ontario Court of Appeal had already weighed in against many of the allegations Romeo Phillion made in his claim.

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1. My case study is on the wrongfully convicted Romeo Phillion.
2. Phillion was convicted of the murder of firefighter Leopold Roy. Phillion spent 31 years in prison and 5 years on parole. His case was reopened in March 2009 as in 1968 the police looked over his alibi. In April 2010 his murder charges were finally dropped. Romeo sadly died in November of 2015 after being very ill for many years, before his lawsuit was settled.
3. Tunnel vision made an impact in Phillion's wrongful conviction as the police overlooked Phillion's alibi as to where he was the night of the murder, which would have been paramount in proving his innocence.
False confession was another thing that made fro his wrongful conviction as Romeo confessed to Roy's murder to the police.
4. As his case was the longest ever served in Canada, Phillion died before his case was completely finished, though he was in the middle of a $14 million dollar lawsuit before his untimely death.
5. I definitely agree that a wrongfully convicted person should be compensated. They've just lost years of their life for a crime they didn't commit. They deserve something to try to make up for the mistake of their wrongful conviction. Depending on their age, the government should help the person find a steady job as well as a suitable living situation and depending on how long they were in prison for a monetary reward as well.
6. The thing I learned that surprised me the most was that his sentence was the longest ever served in Canada whose conviction was overturned.
7. I am most likely to remember that Romeo's wish of dying a free man was not accomplished and I think that is one of the most heart-breaking things ever. This man had so many years of his life stolen from him and he couldn't even get his final wish.

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The organization Flip Your Wigs For Justice (FYWFW) was a group of people set out to help people like Romeo prove his innocence. In the video Romeo expresses his gratefulness for this organization and how important they are. I think these are a group of amazing people with pure hearts trying their best to help those in need. It's a wonderful thing to see and hear.

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"Crown formally withdraws Phillion murder charges" 

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"Crown formally withdraws Phillion murder charges" 

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On Romeo's 71st birthday, he got the best present he could imagine, he was finally acquitted of his murder charges against Leopold Roy and the judge on his case formally apologized to Phillion for what he had gone through. Although he was still not considered to be a free man completely, Phillion was satisfied with the outcome of his case, though he still sought after a settlement within reason.

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A plan to manage one of the city's most precious natural areas is pitting some environmentalists against accessibility advocates as debate heats up over the future of the Medway Valley Heritage Forest.

Regarding the article (April 14). Tanya Park, councillor for Ward 13, announced she is going to run for the mayor's chair in London.

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A plan to manage one of the city's most precious natural areas is pitting some environmentalists against accessibility advocates as debate heats up over the future of the Medway Valley Heritage Forest. Regarding the article (April 14). Tanya Park, councillor for Ward 13, announced she is going to run for the mayor's chair in London.

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After reading about Romeo's experience, I really felt for him. I couldn't imagine spending almost 32 years in prison for a crime I didn't commit. To think about what that could do to someones health, both mentally and physically, it's terrible to think about. And even after all that he'd been through the courts denied him of compensation for his troubles. In my opinion, he should've gotten what he asked for an more. I don't think $14 million is enough to compensate for almost 40 years lost of this man's life.

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Author: Sarah Harland-Logan
Introduction: The Unsolved Murder of Leopold Roy
The story of Romeo's wrongful conviction began on August 9, 1967, when a firefighter named Leopold Roy was stabbed to death by an unknown assailant. His wife, Mildred, described the man to Ottawa Police officers, who then placed Romeo and his identical twin brother, Donald, in a police lineup. However, police learned that Donald had been out of town at the time that the murder was committed, so he was released. On August 13, however, Romeo was back in the police station, having been arrested on an unrelated charge. At this time Mildred observed him and said that, though she was not certain, she thought that Romeo resembled the man who had killed her husband. Since she could not make a positive identification, Romeo was released.[1]

The police did not make any headway in their investigation into Leopold's death for the next four-and-a-half years. During this period, Mildred identified three other men whom she believed resembled her husband's killer. Police eventually released all three of these suspects without laying any charges.[2]
Romeo's False Confession
On January 11, 1972, Romeo again found himself in trouble with the law. This time, he had been arrested for an armed robbery of a taxi driver. Although this matter was completely unrelated to Leopold's unsolved murder, in the end Romeo confessed to the murder, much to the surprise of Detective Huneault, the officer who interviewed him.[3] Romeo first asked Detective Huneault if Neil, Romeo's lover, had told him anything. When Detective Huneault played along and responded that Neil had said "a lot about the things you bragged about to him," Romeo suddenly confessed to murdering "the fireman." [4] He asked Detective Huneault to bring him a coffee so that they could talk about it.[5]

When Detective Huneault returned with the coffee, Romeo kept his side of the bargain. He explained that he had murdered Leopold many years ago, and said that he would make a full confession after being allowed to meet with Neil. The police allowed this meeting, and Romeo signed his confession shortly after.[6] Moreover, Neil informed the police that Romeo had made a similar confession to him four days prior to his arrest.[7] Romeo's reasons for making the false confession are complex and will be explored below. These deeply regrettable decisions would follow him for the rest of his life.
Romeo's Trial
Romeo's trial began on October 16, 1972. The Crown built its case on three key pieces of evidence:

(1) Mildred's identification of Romeo as the man who had killed her husband (notwithstanding the fact that she had also identified four other people as his killer);[8]

(2) Romeo's confession to the crime, which he had given freely;[9] and

(3) Romeo's earlier confession to Neil.[10]

Romeo's defence counsel argued that despite these confessions, his client was innocent. He led evidence from two experts who stated that Romeo suffered from antisocial personality disorder, and that he had a propensity "to lie and to invent stories to make him feel important." The experts believed Romeo's desire to feel important had prompted him to falsely confess to Leopold's murder.[11] Moreover, on the very night of his (false) confession, Romeo had recanted his confession to another police officer. He had explained that he was innocent, but he and Neil were collaborating on a scheme to send the police "on a wild goose chase" and enable them to collect the reward money from Neil's report of his false confession.[12] Romeo has consistently maintained that he is innocent from this recantation until the present time.[13]

Romeo's lawyer, Arthur Cogan, also pointed out that the police had lost many pieces of evidence that should have been presented in the case, including a hair sample taken from Romeo and fingernail scrapings, blood and hair samples taken from Leopold. He asked the jury to "look very carefully at the lack of a proper police investigation in arriving at their verdict."[14]

Despite these troubling features of the evidence, the jury found Romeo guilty on November 7, 1972, and he was sentenced him to life in prison with no parole eligibility for ten years.[15]
Romeo's Unsuccessful Attempts to Appeal his Conviction
Romeo attempted to appeal his conviction to the Ontario Court of Appeal, arguing among other things that due to the many problems with the police investigation, he had been deprived of the presumption of innocence to which all accused persons are entitled. He was unsuccessful and the Court dismissed his appeal on September 3, 1974.[16]

Romeo subsequently sought leave to appeal to the Supreme Court of Canada. On March 22, 1977, this appeal was dismissed as well.[17] After this appeal had failed, Romeo began writing letters of the Minister of Justice, stating that he had been out of town at the time of Leopold's murder and asking that his case be reopened, but no action was taken.[18] Romeo would spend the next 31 years in prison for a crime he did not commit.[19]
A Miscarriage of Justice
More than 20 years later, in 1998, Romeo's case took a surprising turn. His parole officer gave him an envelope containing police reports from his Corrections Canada file. One of these documents was a police investigation report that had been prepared on April 12, 1968 by prepared by the investigating officer, Detective McCombie. This report appeared to provide Romeo with an alibi: it indicated that Detective McCombie had spoken to a Trenton service station operator who confirmed that Romeo had been in Trenton between 12 and 1 p.m. on August 9 - the day of Leopold's murder - "therefore making it impossible for him to return to Ottawa by 2:45 p.m. at the time the murder was committed."[20] This possible alibi had never been raised in Romeo's trial. In fact, his lawyer specifically stated at trial that there was "no issue" with the fact that Romeo had been in Ottawa at the time of Leopold's death.[21]

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 AIDWYC submitted a s. 696.1 application for ministerial review to determine whether Romeo's conviction was a miscarriage of justice.[22] Romeo was awarded bail while the Minister of Justice considered the application, bringing an end to his 31 years spent in prison. Although Romeo could have applied for parole much earlier, he had refused to do so because he felt that that applying for parole would be tantamount to admitting that he had killed Leopold. Romeo continued to insist that he was innocent.[23]

On August 2, 2006, the Minister of Justice ordered that the Ontario Court of Appeal reopen Romeo's case.[24] The judges heard evidence to determine why Detective McCombie's 1968 report giving Romeo a verified alibi for the time of the murder had never been disclosed to his lawyer.[25]

In its decision, the majority of the Court concluded that the Crown had not intentionally pursued their case against him knowing that he was innocent. The majority found that there was a great deal of confusion surrounding whether and when the police learned further information that discredited this alibi. Detective McCombie testified that after submitting the April 12, 1968 report, he had retrieved tow records of Romeo's car showing that he could actually have made it back to Ottawa in time to have killed Leopold.[26] However, there was no evidence to confirm that Detective McCombie had in fact made this trip and found evidence that discredited the alibi. Justice Moldaver stated in his decision that "the tow records ... and the occurrence report that Detective McCombie claims to have prepared upon his return from Trenton - if these items in fact existed and were deposited there - had gone missing from the [police] property room by January 1972 when ... [Romeo] was charged" with Leopold's murder.[27] Justice Moldaver did not conclude that Detective McCombie was lying, given his distinguished career and sterling professional reputation.[28] However, he found the complete lack of documentation confirming Detective McCombie's supposed trip to Trenton to be "disturbing," though perhaps not particularly surprising, given the numerous other exhibits that the police had lost and could not locate for Romeo's trial.[29]

Regardless of what exactly happened in the sloppy police investigation, it was perfectly clear that the Crown prosecutor had a copy of the April 1968 report, which was never disclosed to Mr. Cogan, Romeo's lawyer.[30] As a result, Mr. Cogan was unable to use the report - which, as noted by Justice Moldaver, "would have been gold in his hands" - to cross-examine the officers about Romeo's alibi.[31] Therefore if Mr. Cogan had known about the report, Romeo's trial would likely have gone very differently, and Romeo probably would not have spent the following three decades in prison.[32]

The Court of Appeal overturned Romeo's conviction and ordered a new trial.[33] However, the Crown withdrew the murder charge against Romeo on April 29, 2010, since there was no reasonable chance that the new trial would result in his conviction.[34] Coincidentally, April 29 is Romeo's birthday: his name was finally cleared on the day he turned 71. After the charges were withdrawn, he told reporters that he "got an apology from the judge, which was a gift" that he was "not expecting."[35] "I'm 71 years old today," he explained, "but I feel like I'm 21."[36]
The Causes of Romeo's Wrongful Conviction
Numerous factors contributed to Romeo's wrongful conviction. First, Romeo made a false confession that he had murdered Leopold, and though he recanted the confession soon afterward, the damage had already been done. At first it is very difficult to see why Romeo would have chosen to put himself in such danger. However, the Court of Appeal heard testimony given by Dr. Gudjonsson, the world's foremost expert on the psychology of false confessions, which sheds light on this baffling decision.[37] Dr. Gudjonsson explained that voluntary false confessions are actually common in high profile cases such as Leopold's unsolved murder case, and can be motivated by many factors, including:

(1) "a desire for notoriety," fueled by "a pathological need to be infamous or draw attention to himself"(as described by the experts who testified at Romeo's trial);

(2) "an unconscious need to expiate guilt over unrelated transgressions";

(3) "an inability to distinguish fact from fantasy" (indeed, Neil testified that Romeo was someone "who lived in ... a world of fantasy"[38]);

(4) a desire to aid and protect someone else, typically the real criminal" (Romeo's lawyer later suggested that his confession was a "desperate bid" to protect Neil from other charges)[39]; and/or

(5) "revenge - either on someone who the confessor also implicates or on the police whose time is wasted by the false admission."[40] As noted above, Romeo stated during his recantation that he "wanted to get even" with the police "and send them on a wild goose chase."[41]

Dr. Gudjonsson also stated that Romeo did indeed suffer from antisocial personality disorder, as well as borderline personality disorder, and that interaction of these two conditions might have led to his making the false confession.

Perhaps increased knowledge regarding these conditions and/or access to mental health services for Romeo prior to his false confession might therefore have prevented this tragic chain of events from coming about. Unfortunately, our society still struggles to appropriately address the needs of Canadians who suffer from mental illness, both within and outside of the justice system.[42]

Another factor contributing to Romeo's wrongful conviction was the fact that the police investigation was plagued with an incredible degree of disorganization. Police officers frequently lost evidence and failed to keep records of their investigations.[43] These organizational failures intersected with the Crown's failure to disclose the crucial April 1968 report containing Romeo's alibi to his lawyer. Unlike in 1972, Crown prosecutors are now required to disclose every relevant document to the defence, including information that the Crown does not plan to use in court but that could be important to the defence.[44]

Finally, it seems likely that the jury in Romeo's trial put too much emphasis on Mildred's eyewitness testimony. Many people believe that this type of testimony is very credible but in fact, witnesses make confident - and incorrect - eyewitness identifications at an alarmingly high rate, and these problems grow worse as the time interval increases between crime and trial.[45] In fact, of the Innocence Project's first 225 exonerations of wrongly convicted persons in the US, 77% of the convictions had been based on mistaken eyewitness identification.[46]
Wounds that AIDWYC Cannot Heal
Due to his refusal to seek parole and accept responsibility for a crime that he did not commit, Romeo was the longest-serving Canadian inmate to have a murder conviction overturned.[47]

Moreover, Romeo's attempts to secure some compensation for these lost three decades came to a dead end in May 2013, when Superior Court Justice Eva Frank dismissed his $14-million lawsuit against the Attorney General of Ontario and two of the police officers who had investigated his case.[48]

Although it is unfortunate that Romeo chose to make a false confession, it must be remembered that his mental health difficulties almost certainly played a role in this decision. Regardless of the wisdom or ethics of his making the false confession, he certainly did not deserve to spend thirty-one years of his life atoning for it. As Romeo explained to reporters when asked to explain why he had made the false confession, "it was all a bad joke that cost him his life."[49]

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Author: Sarah Harland-Logan Introduction: The Unsolved Murder of Leopold Roy The story of Romeo's wrongful conviction began on August 9, 1967, when a firefighter named Leopold Roy was stabbed to death by an unknown assailant. His wife, Mildred, described the man to Ottawa Police officers, who then placed Romeo and his identical twin brother, Donald, in a police lineup.

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After 30 years in prison and coming to the end of his life, all Romeo wants is to be a free man before he dies. The court has no evidence against him and he just wants to be done with it. He spent so much of his life with people believing he was a murderer, he just wants everyone to know the truth.

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A plan to manage one of the city's most precious natural areas is pitting some environmentalists against accessibility advocates as debate heats up over the future of the Medway Valley Heritage Forest.

Regarding the article (April 14). Tanya Park, councillor for Ward 13, announced she is going to run for the mayor's chair in London.

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A plan to manage one of the city's most precious natural areas is pitting some environmentalists against accessibility advocates as debate heats up over the future of the Medway Valley Heritage Forest. Regarding the article (April 14). Tanya Park, councillor for Ward 13, announced she is going to run for the mayor's chair in London.