1.Who are you completing your case study on?

I am completing this case study of Guy Paul Morin by myself, for The Wrongfully Convicted – Canadian Justice GNED 1307 online course. Guy Paul Morin a guy that most in the community found to be an ‘odd’ figure was eventually arrested for the rape and murder of Christine Jessop. The crime was unthinkable, and the person that was the focus of police attention from the time of the abduction would eventually be deemed a monster of epic proportions. 

 

2.Briefly summarize and explain the situation of your selected wrongly convicted person.

Christine Jessop left school at 3:40 pm and got off her school bus 5 minutes later. Christine was seen at Queensville General Store buying gum just before 4 pm and again was seen waiting at the corner nearby for her friend Chipman by a passerby at 4:00 pm. Her friend went to the playground looking for Christine just after 4 pm and she never showed up. Christine Jessop would never be seen again, until 89 days later when her body was found on new years eve beaten, and mutilated. Fast forward almost eight years later before they finally charged the man accused of rape, mutilation of Christine Jessop body, and killing her Guy Paul Morin. On Oct 03, 1984 the family of Christine Jessop arrived at their Queensville home at 4:10 pm at which time they noticed Christine had already gone. Guy Paul Morin had clocked off work at 3:32 pm and the earliest he could have arrived home was 4:15 pm. Christine’s family arrived home at 4:10 pm and she was not there, and Guy arrives home at the earliest 4:15 pm, then he couldn’t have taken her. Detectives Fitzpatrick and Sheppard went back to visit the Jessop’s and the Jessop’s re-calculated the time that they got home to 4:30 pm to 4:40 pm. At band practice, a female undercover officer posing as a student hairdresser snipped off a sample of Guy’s hair and sent it to the lab for testing. In Toronto at the center for forensic sciences under a microscope, the hair sample looked similar to a sample found tangled in Christine Jessop’s necklace she had been wearing. The Durham regional police convinced they have found their killer, Guy Paul Morin is accused, arrested, and charged five days later for the murder of Christine Jessop. Guy was brought to 18 division in Whitby Ontario for interrogation/processing. In the interrogation room, the officers placed a large poster of a fingerprint and told Guy that it was his and that it came from Christine Jessop’s clothing which was a lie it actually came from of his clarinet (scare tactic).   

ALTERNATE THEORY: Defence Counsel (Clayton Ruby) Suggested that…

•    If the jury could concede that Guy killed Christine, then they should find him not guilty

•    Clayton Ruby's - Reason by insanity plea

•    Guy is schizophrenic and could have killed Christine when he was in a hallucinatory state, in a deluded belief that he was giving her life! (absolutely ridiculous that he would say this…)

 

 

Guy Paul Morin was Exonerated in 1995, cleared by DNA Evidence (what does it mean to be exonerated)

Exoneration: The Royal Prerogative (Application)

•    Means of exoneration

-          1 year to launch a new trial

-          If a miscarriage of justice, the matter can be referred to the Court of Appeals

-          This can give the Crown 1 year to launch a new trial

-          Options to…

o   Re-prosecute

o   Leave conviction intact

o    Launch new trial

o    Withdraw the charge

o   Stay proceedings

 

3.Using Chapter 4 of your textbook (page 98), identify and explain how the factor(s) contributed to the wrongful conviction in your case.

The facts surrounding the case was clear but due to the insurmountable amount of pressure from the community, the family, and political pressures police had to resolve this case as expeditiously as humanly possible. Guy Paul Morin explained to police that…

•    He could not have committed the crime, because there would not be enough time to;

o    Drive home

o    Abduct Christine

o    Drive her to the body site

o    Sexually assault her

o    Stab her to death

o    And get home at 5:30 pm in time for dinner

o    …The crown didn't buy it!

 

Despite the safeguards, there’s still an increasing number of wrongfully convicted cases. The judicial system is not infallible, there is still a need for better oversite to stem the belief that the wrongful conviction rate is systemic based on the inappropriate actions of numerous people in the criminal justice system.

 

Main Factors Involved are as follows;

POLICE MISCARRIAGE OF JUSTICE

•    Retention of evidence – The release of pertinent evidence that could have changed the direction of the investigation

•    Missing evidence – Poor management of the evidence at the crime scene can contaminant it.

•    Inadequate evidence – Under develop material evidence, or not doing follow-ups

•    Misleading evidence – Can be intentional, all leads should be fully investigated

•    The dangers of "demeanor evidence"

•    Tunnel vision – This can destroy a case because the focus is on that one person and none other

•    The need to be skeptical of "experts" – Not all experts are accredited in the fields that they are testifying in

•    The dangers of jailhouse snitches – Not trustworthy, they will tell you whatever you want to hear

 

4.Was the wrongly convicted person awarded compensation for their situation?  If so, how much?

Guy Paul Morin was awarded 1.2 million dollars by retired Justice Fred Kaufman, who preceded over the Commission (an Independent Ontario government investigation) on Proceedings Involving Guy Paul Morin.

 

5.In your opinion, should a wrongly convicted person be awarded compensation and comment on what you would determine is a satisfactory award (if any).

 

Yes, if they are proven not guilty by DNA analysis or by someone else being charged for the crime inclusively. I believe Guy Paul Morin did not get the amount that he deserved, but it’s is nice to know that they awarded him something rather than nothing.

 

CCRC (Criminal Cases Review Commission)

•    Wrongful convictions in some provinces will not get compensation unless innocence is proven by DNA or the prosecution of someone else for the crime 

 

6.What did you learn about the topic that surprised you?

 

I learned that in everything that we do as a society, community, family, and country we need checks and balances, independent oversite, continually revised procedures in place, safeguards, and accountability/integrity on every level of government, policing, and basically anywhere oversite is warranted. 

 

7.What are you most likely to remember from this research?

 

The research makes me reflect on my court visits and how easy it is to look at someone and just write them off as being guilty. I think we all have this flaw in us (mob mentality) if he/she looks guilty then they are guilty. We must always take a stance of caution and think impartially less we fall into the same trap. This experience just completes the whole court experience, thank you.

 

Some leftover Tidbits / Food for thought:

 

Laws Changed: Kaufman Investigation & Recommendations

•    1300-page final report

•    119 recommendations

•    False theory

•    Inadequate disclosure by Crown

 

 

SUPREME COURT OF CANADA: 1988 JUDGEMENT

•    Retrial was commencing

•    10 months by legal motions

•    New evidence

o    Christine's brother claims he and two friends induced Christine to have sex with them on several occasions

•    Ken Jessop - could have been the primary suspect, but police were had tunnel vision focus on Paul Morin

•    Boston lab using advanced technology got a DNA sample and ruled out Paul as the suspect

•    Prosecutors joined the defense and apologized to Paul for his ordeal and asked for a verdict of not guilty

 

 

Aftermath: Christine Jessop Investigation

•    Ken Jessop - a DJ in Niagara Falls

•    Paul Morin - buys farm north of Toronto

•    Married one of his supporters

•    No public appearances