Don’t retry Pickton, Crown says

By Shannon Kari, National Post

March 17, 2010 4:27 AM

The jury in the Robert Pickton trial was entitled to find him guilty whether it concluded he was the sole killer of sex trade workers or the “head honcho” of a “murderous joint venture” the Crown argues in documents filed with the Supreme Court of Canada.

Any legal errors made by the judge should not entitle Pickton to a new trial, state Crown counsel in written arguments for the March 25 hearing.

The evidence against Pickton is “overwhelming” that he was “at the centre of this inhuman scheme to murder and dismember vulnerable women from the Downtown Eastside of Vancouver,” the Crown writes. “Ordering a new trial in this case, where conviction is inevitable, would only serve to detract from society’s perception of fairness and the proper administration of justice,” it adds.

Pickton was convicted of six counts of second-degree murder by a British Columbia Supreme Court jury in December 2007, and sentenced to life in prison with no chance of parole for at least 25 years. He is facing another 20 counts of first-degree murder, which the B.C. government says it will prosecute if a new trial is ordered for Pickton on the other six murder charges.

The B.C. Court of Appeal upheld the six murder convictions, in a 2-1 decision released last year. The split decision entitled Pickton to appeal his case to the Supreme Court.

The central issue in the appeal is an instruction given by Justice James Williams to the jury on its sixth day of deliberation. The jury asked if Pickton could be convicted of murder if it concluded he “indirectly” took part in the murder of any of the women.

The question resulted in heated discussions between Crown and defence counsel and Judge Williams outside the presence of the jury. The judge reminded the prosecution it agreed to the original jury instructions that it had to find Pickton to be the “actual shooter” to find him guilty of murder.

When the jury was called back into court, the judge told them he made a mistake and explained that if Pickton “actively participated” in the murders he could be convicted.

The written arguments filed in the Supreme Court by Pickton’s lawyers argue that the “goal posts” were moved by this decision, giving the Crown an unfair advantage.

In response, the appeal lawyers representing the B.C. Crown criticize the judge, the defence and even decisions made by their own prosecution colleagues during the trial.

“The Crown was wrong to agree to the actual shooter” instruction, write Gregory Fitch and John Gordon, on behalf of the appeals branch of the B.C. Ministry of the Attorney-General.

Judge Williams made many rulings, including a decision to separate the 26 counts into two trials, which were “unduly favourable” to Pickton, the Crown states. The decision to tell the jury that Pickton could be convicted if he “actively participated” was simply correcting a legal mistake, it adds.

The Crown arguments also suggest there is “considerable” evidence that the killings of the women were a “joint venture” led by Pickton. The Crown points to a police statement by Pickton where he called himself the “head honcho” and said that others were involved.

No one else has been prosecuted in the deaths of the 26 women and during the 2007 trial the Crown said “the same person” caused the deaths of each of those victims.

National Post

skari@nationalpost.com

© Copyright (c) National Post

Courtesy of the Vancouver Sun

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Pickton charges will get “full scrutiny”

Crown says new Pickton charges will get "full scrutiny"

By Suzanne Fournier, The Province

October 29, 2009 6:02 PM

Troy Boen and his aunt -Debra Benning with the last photo of his mom Yvonne Boen, in Benning's Langley home on Wednesday october 28, 2009.Yvonne Boen, (in photo), is one of the missing women, who RCMP confirm will soon be named as subject of "new" murder charges against Pickton, along with five other women.

Photograph by: Les Bazso, The Province

B.C. criminal justice branch spokesman Neil MacKenzie said Thursday full scrutiny will be given to an anticipated RCMP report recommending six new charges be filed against serial killer Robert Pickton.

“I understand the RCMP will be providing a formal supplementary report with respect to these six counts,” said Mackenzie, a lawyer who speaks for B.C. Crown counsel, in an interview from Victoria.

“The Criminal Justice Branch will look at the material provided by the police and these six additional cases will go through the usual charge assessment process.”

RCMP Cpl. Annie Linteau said this week that police are recommending Pickton be charged with six more murders: Yvonne Boen, last seen in March 2001; Dawn Crey, who would have been 51 last Monday but disappeared in November, 2000; Sharon Abraham, who also disappeared in late 2000; Yvonne Boen, last seen in March 2001; Jacqueline Murdock who vanished in August 1997 and Stephanie Lane, who was 20 when she vanished in 1997, and Nancy Clark, who was last seen in Victoria on Aug. 22, 1991.

All of the women disappeared from Vancouver’s drug-infested Downtown Eastside, except for Clark.

Linteau would not say what evidence led RCMP to recommend the new charges but police labs across Canada still had more than 100,000 forensic samples to process at the time Pickton’s first trial on six charges began in 2007.

In December, 2007, Pickton was convicted of six counts of second-degree murder in the deaths of Marnie Frey, Georgina Papin, Brenda Wolfe, Andrea Joesbury, Sereena Abotsway and Mona Wilson.

He was sentenced to life in prison without the possibility of parole for 25 years.

Last June 25, Pickton’s conviction was upheld by the B.C. Court of Appeal in a 2-1 decision, which gave Pickton the automatic right to appeal the ruling to the Supreme Court of Canada.

That appeal is expected to be heard next March. If Pickton’s appeal is dismissed, the B.C. Criminal Justice Branch has made it clear that it will not proceed with an additional 20 murder charges, which were severed in August 2006 from the first trial.

However, MacKenzie said the charge approval process for these six new cases does not have to wait for the outcome of the Supreme Court appeal.

Linteau noted the RCMP’s recommendation was made “out of an abundance of caution” so that Crown counsel would be ready to immediately file up to 32 murder charges against Pickton, if his appeal should succeed.

© Copyright (c) The Province

Six more charges likely for Pickton

Recommendations going to prosecutors to pursue cases of missing women

Suzanne Fournier, The Province: Thursday, October 29, 2009 9:58 AM

New RCMP evidence has police recommending charges against Robert Pickton in the cases of six more missing women (clockwise from top left): Yvonne Boen, Dawn Crey, Stephanie Lane, Nancy Clark, Sharon Abraham and Jacqueline Murdock.

Photo Credit: Handouts, RCMP

The RCMP are recommending that six new first-degree murder charges be filed against convicted serial killer Robert Pickton.

"We're in the process of sending a report to Crown counsel for their consideration. We're recommending six more charges related to Robert Pickton and the Port Coquitlam property," RCMP spokeswoman Cpl. Annie Linteau told The Province Wednesday.

Linteau noted that all six women appear on the police task force's official list of 63 missing women. Pickton, now 60, was not charged in connection with the death of these six, who went missing between January 1997 and March 2001.

Linteau listed the women as: Yvonne Boen, born on Nov. 30, 1967, who was last seen March 2001; Dawn Crey, whose birthday was Oct. 26, 1958, and was last seen in November 2000; Sharon Abraham, whose date of birth was Sept. 15, 1965, and went missing in December 2000; Stephanie Lane, born on May 28, 1976, who went missing Jan. 10, 1997; and Jacqueline Murdock, born Jan. 28, 1971, and was last seen in August 1997.

Those five women, all of whom were mothers, went missing from Vancouver's drug-infested Downtown Eastside The sixth woman, Nancy Clark, who was born July 29, 1966, was last seen Aug. 22, 1991, in Victoria.

The news that the RCMP will finally recommend charges was cathartic to some of the women's family members.

Yvonne Boen's son, Troy Boen, 23, exploded in anger and relief when told of the RCMP's decision.

"About f---ing time, but why did it take them so long?" demanded Troy, who was the last member of his family to see his mother alive.

"My mum deserves her day in court . . . I'm glad the RCMP are finally saying Pickton should be charged with my mum's death." Troy, the eldest of Boen's three sons, attended many gruelling days of Pickton's long trial in B.C. Supreme Court.

In December 2007, Pickton was convicted of counts of second-degree murder in the deaths of Marnie Frey, Georgina Papin, Sereena Abotsway, Brenda Wolfe and Mona Wilson. He was sentenced to life without the possibility of parole for 25 years.

Troy Boen was also present when three B.C. Appeal Court judge's upheld Pickton's conviction last June 25 in a 2-1 split decision that also gave Pickton the automatic right to appeal the ruling to the Supreme Court of Canada.

That appeal is expected to be heard this spring. If the appeal is dismissed, B.C.'s Criminal Justice Branch has made it clear that it will not proceed with an additional 20 murder charges, which were severed in August 2006 from the first trial.

Linteau said that the RCMP is recommending another six new charges be laid now "out of an abundance of caution." "We are carrying on with the assumption there could be further judicial proceedings and we are putting everything that could be done back on the table, rather than being unprepared if further trials are required." Should Pickton's appeal be upheld by Canada's top court, prosecutors would move quickly to ask for a new trial on all 32 murder charges.

Linteau said families of all six women have been told in the past that their loved one's DNA was "tied to the Pickton farm," but they won't be officially notified yet of possible charges "because it is up to the Crown to decide whether to proceed." A massive RCMP-Vancouver Police Department task force began searching the ramshackle Pickton pig farm in Port Coquitlam in February 2002.

On Feb. 22, 2002, Pickton was charged with the first two murders of what would become a lengthy list of 26 homicides.

The vehicle-strewn farm, full of human and animal burial sites, was examined by experts down to bedrock, and Pickton soon gained the notorious reputation of being Canada's worst accused serial killer.

Debra Benning was a longtime friend of Boen who believes Pickton should be "held accountable" for Yvonne's death.

"In my heart, I know she's gone, but I think everyone should know if Pickton was responsible," said Benning.

Ernie Crey, a Sto:lo Nation leader, has fought tirelessly for justice for his troubled sister Dawn, whose DNA was confirmed on the Pickton farm in 2004 but whose name was left off the list of those who Pickton would be charged with murdering.

"There's never emotional, psychological or spiritual closure for any of the family members of the missing women, we're always left with the history and the loss of our loved ones, but I am still seeking legal closure," said Crey.

Jacqueline Murdock, a Carrier First Nation mother of four, is still mourned by her large family, said her aunt Elizabeth Murdock, 68, in an interview from Fort St. James.

"It's good if they charge that man finally with Jackie's death. We all want answers."

© Copyright (c) CW Media Inc.

How does society think about murdered, missing women?

THE CANADIAN PRESS

EDMONTON – A University of Alberta PhD student says society has made progress, but has a long way to go when it comes to how we think about missing and murdered women.

Amber Dean is studying the lives and deaths of women involved in prostitution, drugs and other high-risk, vulnerable lifestyles to see ‘‘what they can tell us about the way our society is organized.’’

Dean says she became interested while living in Vancouver and noticed how the way the missing women were described changed over time.

She said at first, there was a lot of talk about how they were involved in prostitution and their addiction to drugs.

But Dean said at the conclusion of the trial of Robert Pickton, there was a lot of emphasis put on the victims and an attempt to tell ‘‘at least some aspect’’ of their stories.

Dean said her thesis also looks at the pictorial representations of the Vancouver women by a group of forensic artists on the website of Project EDAN – which stands for Everyone Deserves a Name.

Organized by Wayne Leng, the site features somewhat idealized portraits of the slain and missing women, including Georgina Papin of the Enoch Cree First Nation near Edmonton.

Pickton, of Port Coquitlam, B.C., was convicted in December of killing Papin and five other women and sentenced to life in prison with no parole eligibility for 25 years.

He faces trial next year on another 20 counts of first-degree murder.
‘‘The artists were upset because the pictures in the missing posters seemed to present the women as more criminal than victim in a way because they look like mug shots,’’ she said.

‘‘So, they’ve attempted to create portraits that, in their words, are gentler and softer.’’

B.C. Appeal Court denies appeal for convicted serial killer Robert Pickton

Sunny Dhillon, THE CANADIAN PRESS
June 25, 2009, EDT

VANCOUVER, B.C. - Convicted serial killer Robert Pickton's appeal on six counts of second-degree murder has been dismissed by B.C.'s high court, but a potential second trial hangs in the balance as the former pig farmer's legal odyssey trudges on.

In a two-to-one decision, the B.C. Court of Appeal Thursday rejected claims from Pickton's defence that the trial judge made numerous significant errors while instructing the jury.

"The judge acted correctly in providing the jury with instruction that embraced the law . . . , " Justice Richard Low wrote in a decision that sets the stage for Pickton's case to potentially be heard in the Supreme Court of Canada.

"In my opinion, there was no procedural error," Low said.

In a second ruling, this one on a Crown appeal, the judges unanimously agreed that if Pickton is successful in a Supreme Court referral, then the Crown could proceed with either a trial on six counts of first-degree murder, or the 26 counts Pickton originally faced.

The court also placed a conditional stay on any new trial if and when Pickton's defence team decides to take the case to the high court, saying there was no need for the "enormous demands" of another trial if Pickton's conviction isn't overturned.

The ruling essentially preserves the Crown's right to proceed to trial on a charges of first-degree murder on either six or 26 charges.

Pickton was arrested in February 2002, setting off a massive search of his property in Port Coquitlam, B.C., where investigators found body parts, blood samples, fragments of bone and the belongings of victims.

He was originally to face 26 charges but six months before the trial began, the judge divided the case in two, proceeding with just six first-degree murder charges in January 2007 after deeming the case to be too large for a jury to digest.

The court decisions disappointed Susie Kinshella, whose sister Wendy Crawford is among the outstanding 20 murder charges.

"It's just unbelievable when you sit in that courtroom and you hear the evidence that's gone on and that plays in your mind," she said, adding that all she wants is justice for her sister and recognition of her death.

Before Thursday's decision several family members had said they actually wanted Pickton to win his appeal, so a new trial could be heard into all 26 deaths.

The B.C. Crown had said it wouldn't proceed with the remaining 20 murder charges if Pickton lost his appeal, because he was already serving a life sentence

Lynn Frey, whose stepdaughter Marnie Frey is among the six women Pickton is convicted of killing, said she was also hoping for a new trial of first-degree murder on all 26 counts.

Frey, who has been fighting to reclaim her stepdaughter's remains from the massive collection of evidence in the Pickton case, said she's no closer to that goal after the decisions.

"When somebody you love passes away you get to go to their gravesite, you get to grieve the day that they passed away," she said.

"You do the proper steps as you grieve. This way, there are no proper steps. We're grieving every day."

All 26 of the missing women on the Pickton indictment were young and had vanished between 1995 and 2001 from the Downtown Eastside.

Most were sex-trade workers, addicted to illegal drugs and a disproportionate number of the victims were aboriginal.

One element of the Crown's appeal was that the trial judge erred by severing the 26 counts into two separate trials. The Crown said the move hindered their ability to use similar-fact evidence - similarities between the different murders - to show Pickton had a scheme to kill prostitutes from Vancouver's Downtown Eastside

The appeal court agreed, ruling that the trial judge committed extricable legal error in ordering that 20 counts of first-degree murder be removed from the indictment.

The judges left the door open for the Crown to drop a second trial, if Pickton loses at the high court.

"I am persuaded that the Crown's position on this issue is sound," wrote Chief Justice Lance Finch.

"If Mr. Pickton remains convicted of second-degree murder on those six counts after all appeals are concluded, there would be no useful purpose in a retrial on those same offences as charges of first-degree murder," Finch said.

B.C. Crown spokesman Neil MacKenzie if Pickton chooses not to go to the high court, or loses there, that will be the end of the legal proceedings.

"The Crown's position has been and remains that if Mr. Pickton exhausts all of his available appeals on the six convictions and remains subject to the sentence of life in prison with no parole eligibility, the Crown will not proceed on the remaining 20 counts," MacKenzie said.

"We understand that it's a decision that some family members are disappointed with. However, the Branch has to keep in mind that any additional convictions beyond the six that he's received will not result in any further penalty or punishment being imposed."

That possibility of a second trial still exists, with the split B.C. Appeal Court decision meaning Pickton's lawyers have the right to take the case to Canada's highest court.

Pickton's lawyer, Patrick McGowan, said no decision has yet been made on how to proceed.

"It's going to take some time for defence counsel to consult and review these materials and decide on the course of action that we're going to take," McGowan said just before leaving the courthouse to share the news with his client.

Pickton was sentenced to life in prison with no chance of parole for 25 years in the killings of Frey, Mona Wilson, Sereena Abotsway, Andrea Joesbury, Georgina Papin and Brenda Wolfe.

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Pickton paradox: serial killer's successful appeal might mean real justice

Published Wednesday June 24th, 2009
Sunny Dhillon, THE CANADIAN PRESS

VANCOUVER, B.C. - It's a subversive twist to one of the most complex, convoluted legal proceedings in modern Canadian history: the friends and family of some 20 alleged murder victims, most of them siding - for the moment, at least - with the lawyers who represent serial killer Robert Pickton.

The gut-wrenching paradox, rooted in the former pig farmer's conviction in December 2007 on just six counts of second-degree murder, has left them with a difficult choice: another long struggle toward justice for their loved ones versus the gratification of seeing legal closure.

The B.C. Court of Appeal will rule Thursday on appeals from both Pickton's defence lawyers and the Crown. Pickton's counsel is appealing his convictions, arguing - among other things - that the trial judge made mistakes in his instructions to the jury.

The Crown has launched a counter-appeal of the judge's decision to split the 26 murder charges originally laid against Pickton into two separate trials. Crown lawyers say they won't pursue a second trial if the six original murder convictions are allowed to stand.

For those who want a verdict in the deaths of the remaining 20 women, it all boils down to the lesser of two evils.

"We would hate to see Pickton actually win his appeal, but we want him to - only because that is the only way we foresee the other 20 girls getting justice," said Lori-Ann Ellis, whose sister-in-law Cara Ellis is among the outstanding cases.

Cara Ellis was 25 when police say she was last seen in January 1997.

Dianne Rock was nearly one decade older, 34, when the mother of five vanished in October 2001.

Her sister, Lilliane Beaudoin, said it's not easy pulling for Pickton's defence team, but she believes it's her only choice.

"This way, at least I have some kind of hope that there's going to be a second trial and that my sister's case will be in the second trial," Beaudoin said.

"It's sad to say. Usually I would go for the Crown counsel, but not in this case."

Beaudoin said while having the convictions tossed out would undoubtedly be difficult for the families of the six women involved, it may be equally difficult for the families of the 20 women to be left in limbo.

"We need the justice that they received," she said.

Pickton was convicted in December 2007 and sentenced to life in prison with no chance of parole for 25 years in the killings of Mona Wilson, Sereena Abotsway, Andrea Joesbury, Georgina Papin, Brenda Wolfe, and Marnie Frey.

For Frey's stepmother, Lynn, there's no question whom she's pulling for.

"I definitely root for the 20," she said. "Even if I hadn't known those people personally, if I hadn't met them at the trial, I would have thought the same thing.

"It's totally unfair. They need accountability, they need justice and they need their day in court, just like anybody else."

Frey, who's been fighting to reclaim her stepdaughter's remains from the massive collection of evidence in the Pickton case, said while a second trial would delay that quest, it's a sacrifice she'd be willing to make.

"It is a no-win situation," she said. "If they said we're going to have another trial, then I'll suck it up and wait for the next trial ... the pain that they're going through is atrocious."

Not everyone is as ready to see the case go to trial for the second time.

Sarah de Vries disappeared in April 1998, one month shy of her 29th birthday, and is one of the 20 women on the list for a possible second trial. Her friend, Wayne Leng, said though he's conflicted at times, he doesn't really want the court proceedings to go that far.

"Pickton can't get any more time than he's already gotten," Leng said. "He's going to be in jail for life."

Leng stressed that he is 100 per cent behind the families hoping for a second trial. He simply isn't convinced that more court proceedings would provide any greater sense of closure for the loss of his friend.

"They've got the guy," he said. "They've nailed him. . . . I don't know how I would feel any different with him absolutely being found guilty of her murder."

For Beaudoin, however, it's important that the circumstances that led to her sister's death be part of the public record.

"This is why I want a trial for my sister," she said.

"My sister is gone. I want the man who supposedly has done this to her to be accountable for it. You just don't press charges of first-degree murder against a man and then not go forward."

Pickton was arrested in February 2002, setting off a massive search of his property in Port Coquitlam, B.C., where investigators found body parts, blood samples, fragments of bone and the belongings of victims.

The Crown is appealing Pickton's acquittal on six first-degree murder charges, but Crown prosecutor Gregory Fitch has said he would prefer to see the second-degree murder convictions stand and Pickton simply remain in prison, his legal saga over.

Fitch did express concern about the possibility of the appeal court denying Pickton's appeal while at the same time granting that of the Crown, which could have the unintended effect of requiring a new trial the Crown doesn't want.

Should that happen, Fitch said he would ask the court to stay the order for a new trial.

Pickton's defence lawyers told the Appeal Court that there was a lot of confusion among jury members on the question of whether Pickton acted alone.

Lawyer Gil McKinnon said that confusion only got worse after the jury asked a question of the trial judge six days into deliberations.

"At least one or more jurors seemed to be having difficulty on whether Robert Pickton was the sole shooter of the three women," McKinnon said in late March, referring to the murders of Wilson, Abotsway and Joesbury.

The women's severed heads were found on Pickton's farm. Each woman had been shot.

Six days into jury deliberations, Justice James Williams changed his instructions to the jury, saying he had been "not sufficiently precise" and "in error" in three paragraphs of his original charge.

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B.C. court to rule on Robert Pickton appeal

Updated Wed. Jun. 24 2009 6:27 PM ET

The Canadian Press

VANCOUVER -- It's a subversive twist to one of the most complex, convoluted legal proceedings in modern Canadian history: the friends and family of some 20 alleged murder victims, most of them siding -- for the moment, at least -- with the lawyers who represent serial killer Robert Pickton.

The gut-wrenching paradox, rooted in the former pig farmer's conviction in December 2007 on just six counts of second-degree murder, has left them with a difficult choice: another long struggle toward justice for their loved ones versus the gratification of seeing legal closure.

The B.C. Court of Appeal will rule Thursday on appeals from both Pickton's defence lawyers and the Crown. Pickton's counsel is appealing his convictions, arguing -- among other things -- that the trial judge made mistakes in his instructions to the jury.

The Crown has launched a counter-appeal of the judge's decision to split the 26 murder charges originally laid against Pickton into two separate trials. Crown lawyers say they won't pursue a second trial if the six original murder convictions are allowed to stand.

For those who want a verdict in the deaths of the remaining 20 women, it all boils down to the lesser of two evils.

"We would hate to see Pickton actually win his appeal, but we want him to -- only because that is the only way we foresee the other 20 girls getting justice," said Lori-Ann Ellis, whose sister-in-law Cara Ellis is among the outstanding cases.

Cara Ellis was 25 when police say she was last seen in January 1997.

Dianne Rock was nearly one decade older, 34, when the mother of five vanished in October 2001.

Her sister, Lilliane Beaudoin, said it's not easy pulling for Pickton's defence team, but she believes it's her only choice.

"This way, at least I have some kind of hope that there's going to be a second trial and that my sister's case will be in the second trial," Beaudoin said.

"It's sad to say. Usually I would go for the Crown counsel, but not in this case."

Beaudoin said while having the convictions tossed out would undoubtedly be difficult for the families of the six women involved, it may be equally difficult for the families of the 20 women to be left in limbo.

"We need the justice that they received," she said.

Pickton was convicted in December 2007 and sentenced to life in prison with no chance of parole for 25 years in the killings of Mona Wilson, Sereena Abotsway, Andrea Joesbury, Georgina Papin, Brenda Wolfe, and Marnie Frey.

For Frey's stepmother, Lynn, there's no question whom she's pulling for.

"I definitely root for the 20," she said. "Even if I hadn't known those people personally, if I hadn't met them at the trial, I would have thought the same thing.

"It's totally unfair. They need accountability, they need justice and they need their day in court, just like anybody else."

Frey, who's been fighting to reclaim her stepdaughter's remains from the massive collection of evidence in the Pickton case, said while a second trial would delay that quest, it's a sacrifice she'd be willing to make.

"It is a no-win situation," she said. "If they said we're going to have another trial, then I'll suck it up and wait for the next trial ... the pain that they're going through is atrocious."

Not everyone is as ready to see the case go to trial for the second time.

Sarah de Vries disappeared in April 1998, one month shy of her 29th birthday, and is one of the 20 women on the list for a possible second trial. Her friend, Wayne Leng, said though he's conflicted at times, he doesn't really want the court proceedings to go that far.

"Pickton can't get any more time than he's already gotten," Leng said. "He's going to be in jail for life."

Leng stressed that he is 100 per cent behind the families hoping for a second trial. He simply isn't convinced that more court proceedings would provide any greater sense of closure for the loss of his friend.

"They've got the guy," he said. "They've nailed him. . . . I don't know how I would feel any different with him absolutely being found guilty of her murder."

For Beaudoin, however, it's important that the circumstances that led to her sister's death be part of the public record.

"This is why I want a trial for my sister," she said.

"My sister is gone. I want the man who supposedly has done this to her to be accountable for it. You just don't press charges of first-degree murder against a man and then not go forward."

Pickton was arrested in February 2002, setting off a massive search of his property in Port Coquitlam, B.C., where investigators found body parts, blood samples, fragments of bone and the belongings of victims.

The Crown is appealing Pickton's acquittal on six first-degree murder charges, but Crown prosecutor Gregory Fitch has said he would prefer to see the second-degree murder convictions stand and Pickton simply remain in prison, his legal saga over.

Fitch did express concern about the possibility of the appeal court denying Pickton's appeal while at the same time granting that of the Crown, which could have the unintended effect of requiring a new trial the Crown doesn't want.

Should that happen, Fitch said he would ask the court to stay the order for a new trial.

Pickton's defence lawyers told the Appeal Court that there was a lot of confusion among jury members on the question of whether Pickton acted alone.

Lawyer Gil McKinnon said that confusion only got worse after the jury asked a question of the trial judge six days into deliberations.

"At least one or more jurors seemed to be having difficulty on whether Robert Pickton was the sole shooter of the three women," McKinnon said in late March, referring to the murders of Wilson, Abotsway and Joesbury.

The women's severed heads were found on Pickton's farm. Each woman had been shot.

Six days into jury deliberations, Justice James Williams changed his instructions to the jury, saying he had been "not sufficiently precise" and "in error" in three paragraphs of his original charge.

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Crown says new trial for Pickton wouldn't be in 'interests of justice'

Last Updated: Wednesday, April 8, 2009 | 6:57 PM PT
THE CANADIAN PRESS

Ordering a new trial for convicted serial killer Robert Pickton would not be "in the interests of justice" and British Columbia's top court must guard against inadvertently triggering one, prosecutors argued Wednesday in the B.C. Court of Appeal.

There are currently two appeals before the court: the defence is challenging Pickton's six second-degree murder convictions, while the Crown is appealing his six acquittals on first-degree murder.

If a new trial is ordered, the Crown wants Pickton tried on all 26 first-degree murder charges that were laid against him.

But prosecutor Gregory Fitch made it clear the Crown would ultimately prefer the second-degree convictions stand and Pickton simply stay in prison, his legal saga over.

"It would not be in the interests of justice to simply order a new trial for first-degree murder … if a new trial is not otherwise required," Fitch told the three judges hearing the appeal.

Fitch is concerned that the Appeal Court could deny Pickton's appeal while granting the Crown's, which could have the unintended effect of ordering a new trial that the Crown doesn't want.

In that event, Fitch wants the court to stay the order for a new trial on first-degree murder, allowing the Crown to simply leave Pickton in prison and not pursue the remaining charges.

"It merely suspends, for a limited time or permanently, the underlying order" for a new trial on first-degree murder, Fitch said.

One of the judges questioned whether such an order was even in the Appeal Court's jurisdiction.

"The problem I see is that Mr. Pickton could lose his appeal and the Crown could ultimately win its appeal," said Justice Richard Low. "Logically, in these events, there would have to be a new trial."

Fitch cited case law that he said gave the court such power.

He also said that if the Appeal Court concludes it has no other option than to order the trial, even if the original convictions stand, he wants another hearing to further argue his point.
Pickton convicted in 2007

Pickton was arrested in February 2002, setting off a massive search of his farm in Port Coquitlam, B.C., where investigators found evidence including blood samples, bone fragments and the belongings of women who had disappeared from Vancouver's Downtown Eastside.

The pig farmer was convicted in December 2007 of six counts of second-degree murder and sentenced to life in prison with no chance of parole for 25 years — the automatic sentence for first-degree murder and the maximum sentence available.

The Crown's appeal focuses on the trial judge's decision to split 26 first-degree murder charges into two separate trials, dealing with six counts first and leaving the 20 remaining charges for a later trial.

Prosecutors have argued that severing the charges limited their ability to use similar-fact evidence — similarities between the different murders — to show Pickton had a scheme to kill prostitutes from Vancouver's Downtown Eastside.

Fitch earlier argued that such evidence would have helped demonstrate the killings were planned and deliberate, essential elements needed to prove first-degree murder.

But Pickton's lawyers said the Crown is attempting to make new arguments that weren't brought up in trial.

"The Crown paid little attention to planning and deliberation, since their theory was that Pickton acted alone," said defence lawyer Gil McKinnon.

Arguments at the appeal are expected to wrap up on Thursday.

© The Canadian Press, 2009

Story comments (22)

wolf320 wrote:Posted 2009/04/09

at 8:57 AM ET"Not in the interest of justice" ??????? Canada doesn't have a justice system, we have a legal system since there is never any justice for the victims.
If Pickton was arrested in Feb. of 2002 and convicted in Dec. of 2007, does that mean he was serving remand time that counts double? Deduct 118 months from the 25 years "Life" sentence plus the time served since Dec. of 2007 he has already served 133 months in total, he will be out on parole in under 14 years from now.
Who can call that justice?

1 Agree
1 Disagree

julaflamme wrote:Posted 2009/04/09

at 8:02 AM ETPicton has had enough publicity - at the expense of the public.
I would rather see any money that would be spent on a trial & associated costs directed towards doing something constructive for the people in similar situations to the victims - even if there were just places for them to get a good hot meal & a shower every so often - not on lawyers posturing for attention, judges with their overinflated salaries, or investigators who have probably seen enough of the gore to last them a lifetime & could be focusing their energy better on other cases. He is where he should be, & as long as he is there for life - what is the point of any further court action? The victims' families need to grieve & move on - not have more details & stupid defense arguements to lessen or justify the horror of this animal's actions

4 agree
0 disagree

WC. Kelowna wrote:Posted 2009/04/09

at 7:09 AM ETSometimes, people in authority use words that have a different meaning
than what was intended.. " Justice would not be served.."
Justice to me means that he should be tried for every woman that he
killed, dismembered, and disposed of ! The families of the victims deserve
at least that !
Justice means society electing governments to make laws and enforce
them so that society may live a crime - free and peaceful life !
Not the Law Society which includes; Judges, lawyers (including prosecution) making unilateral decisions... The real Society or Public want to ensure that Pickton never ever sees the outside of a maiximum security jail for the rest of his natural life ! So that no glitch, or proceedural hiccup, ever lets this man out of jail...
By cancelling further proceedings lends a message to those involved in Crime, the courts will never finish the total job that the public (who pays their wages) wishes. So, want to control British Columbia or Canada ? Become a lawyer as no matter what the people want, you'll have the final say !

2 agree
6 disagree

Tax Me...I'm Canadian wrote:Posted 2009/04/09

at 6:47 AM ETHow many trials do you need when he's already incarcerated for life? This would be a huge waste of time and money.

9 agree
0 disagree

Rock1971 wrote:Posted 2009/04/09

at 6:08 AM ETI heard he made one helluva bacon sandwich though?

1 agree
17 disagree

carlbailey wrote:Posted 2009/04/09

at 3:21 AM ETyeah, it wouldn't be at all in the interests of justice to question a verdict against an imbecile, not if it means asking why the cops did so little over that decade of disappearances, or why would cocaine dealers call 9/11 if a hooker OD's on the same premises they're storing their product on.

1 agree
4 disagree

covecay wrote:Posted 2009/04/09

at 1:20 AM ETthese notorious killers get all the lime light. we've heard from this guy for too long. put him away, lock up the key and lets never hear from him again.

34 agree
0 disagree

Mel Content wrote:Posted 2009/04/09

at 1:11 AM ETI,m sure there is a big line up of low brow lawyers who will be pissed at the loss of this potential "appeal" revenue , if the crown doesnt try again!

22 agree
2 disagree

Kim Jung ill the Lesser Evil wrote:Posted 2009/04/09

at 12:37 AM ETLots of possiblities hard to say what the lesser evil is.

He tortured this women and chopped them up, a sick man obessed by Blood and torture.

15 agree
1 disagree

BooHooHoo wrote:Posted 2009/04/09

at 12:23 AM ETWilly for Mayor!

4 agree
21 disagree

Don at Calgary wrote:Posted 2009/04/08

at 11:55 PM ETLeonWalskey says,

" SECOND trial so his victims can at least have their day in court. "

I wouldn't be surprised if no one wanted their day in court at this point. There has been too much hurt. Time to move on. He can't be punished anymore anyway, no matter what happens. I think this would be what the dead would say, if they could. They wouldnt want their families to suffer any more trials.

37 agree
0 disagree

Meggsy wrote:Posted 2009/04/08

at 11:52 PM ETLet him rot, and open a case on the rest of the family.

26 agree
3 disagree

roberticus wrote:Posted 2009/04/08

at 11:46 PM ET"...But prosecutor Gregory Fitch made it clear the Crown would ultimately prefer the second-degree convictions stand and Pickton simply stay in prison, his legal saga over..."

Amen to that. He was convicted 16 months ago. Most people have had enough and it's cost plenty too. Just make sure he's incarcerated until death so no one has to ever encounter him again. I could live with that judgement.

46 agree
0 disagree

noiseworthy wrote:Posted 2009/04/08

at 11:23 PM ETThere were suspicions that others were involved or at least knew but prefered to ignore the signs. I can say with some personal knowlage that the Picton family was a tad unusual. Brother Dave has limited abilities. The sister got out and avoided the brothers. Robert Willy does not operate in the fashion of a normal human being. He is more like a Nazi who functions in his own world. His ideas of right and wrong are not like most people.

He does however, like the attention and enjoys the fuss that is made over him and his crimes. Leave him alone and accept that he is a killer and a nasty creation. You should have known his dad, ech!

24 agree
1 disagree

LeonWalsky wrote:Posted 2009/04/08

at 11:08 PM ETAnother example of how those running the province are incompetent and greedy. You want to get him on some first degree charges? Well then, start the SECOND trial so his victims can at least have their day in court. AND continue the chase for the others involved.

I swear law enforcement and the legal system in this province is only good for using tazers and bilking the public legal funds.

3 agree
28 disagree

Sarah77 wrote:Posted 2009/04/08

at 11:05 PM ETA very interesting play of Law... And I am glad that the Crown is saying they don't want another trial for 1st degree, he is serving the same sentance...

27 agree
1 disagree

Golanbiais wrote:Posted 2009/04/08

at 10:46 PM ETWhat if getting a new trial is in the interest of Pickton ?

4 agree
22 disagree

patrickscallen wrote:Posted 2009/04/08

at 10:37 PM ETThank you , you answered my question

1 agree
7 disagree

patrickscallen wrote:Posted 2009/04/08

at 10:29 PM ET" why torment ,why , let's go on ?

18 agree
2 disagree

Release the hounds wrote:Posted 2009/04/08

at 10:23 PM ETI'm not a rocket scientist or a brain surgeon but I have enough common sense to figure out that the greedy lawyers and judges must be feeling the effects of the recession and have to seek more trials to fill their pig troughs with taxpayer money. I would say what I reall think about these low-lifes but it wouldn't get printed. They all belong in jail with Pickton in my opinion!

29 agree
42 disagree

Meggsy wrote:Posted 2009/04/08

at 10:15 PM ETwhy don't they go after his accomplice? There were indications that he did not work alone, no?

24 agree
9 disagree

Catchnpitch wrote:Posted 2009/04/08

at 10:11 PM ETLeave him to rot, slowly.

58 agree
2 disagree

Crown says new trial for Pickton wouldn't be in 'interests of justice'

Crown lends legitimacy to alleged suspect discounted at Willie Pickton trial

By Lori Culbert, Vancouver Sun
April 1, 2009

VANCOUVER — A woman dismissed by prosecutors as a “straw man” during Robert (Willie) Pickton’s trial is being given some legitimacy by the Crown at the serial killers’ appeal hearing.

Dinah Taylor was characterized by the defence as an alternative suspect because her DNA was found on Pickton’s Port Coquitlam farm, some of it near evidence linked to the victims.

At trial, the Crown said Taylor may have helped Pickton pick up sex-trade workers to bring back to his farm, but insisted there was no evidence she was a killer. “Dinah Taylor was the biggest, most sinister straw man that the defence created,” prosecutor Michael Petrie said then.

Fast-forward to the B.C. Court of Appeal, where Pickton’s lawyers are arguing his six second-degree murder convictions should be overturned because the trial judge erred in his final instructions to the jury.

Pickton’s lawyer, Gil McKinnon, said Justice James Williams was wrong, when he told the jury they could find Pickton guilty if he participated in any deaths carried out by someone else, not only if he acted alone.

That was wrong, McKinnon alleged, because until that point in the trial, the Crown had insisted that Pickton had acted alone.

In response, Crown attorney Gregory Fitch said Wednesday that Pickton’s conviction was proper as long as he took part in the killings, regardless of whether he or Taylor or someone else pulled the trigger.

Evidence was introduced in the trial that could allow the jury to make such an inference, Fitch said. He noted Pickton’s close friend Gina Houston testified that Pickton told her Taylor was responsible for “three or four” of the killings.

Taylor was arrested, but not charged, in the missing women case. She was never called to testify at the trial.

During an interview with The Vancouver Sun in 2007, she denied involvement with the deaths.

The defence’s appeal stems from a question the jury asked the trial judge during its deliberations: whether they could find Pickton guilty if he had acted “indirectly.”
The question set off a sequence of events, resulting in Williams amending his instructions to allow a guilty plea if the jury found Pickton was merely a participant in the deaths.

Fitch argued the amendment should have been part of the instructions in the first place, and that prosecutors at the trial were “wrong” not to argue that point before the jury’s question arose.

But there was no miscarriage of justice, he said, so Pickton’s appeal should be dismissed. Fitch is expected to continue his arguments today.

Pickton, who is serving a life sentence with no chance of parole for 25 year, is not in court for the appeal hearing.

He was convicted in the deaths of Georgina Papin, Sereena Abotsway, Mona Wilson, Andrea Joesbury, Brenda Wolfe and Marnie Frey. Whether he will face a trial on 20 other murder counts depends on the fate of the appeal.

The Crown has filed its own appeal, which will be argued once the defence case is done.

lculbert@vancouversun.com

Click here for more Willie Pickton stories.
© Copyright (c) The Vancouver Sun

Serial killer Willie Pickton's murder convictions should be overturned, lawyer argues

By Lori Culbert, Vancouver Sun
March 30, 2009 6:51 PM

VANCOUVER - Serial killer Robert (Willie) Pickton’s trial “went off the rails” during the jury’s deliberations, and therefore his conviction on six counts of second-degree murder should be overturned, a defence lawyer told the B.C. Court of Appeal on Monday.

It is the constitutional right of any defendant, “no matter how heinous the accusations” against him, to have a fair trial, Pickton’s lawyer, Gil McKinnon, argued during the opening day of the appeal of the high-profile 2007 trial.

Therefore, the former Port Coquitlam pig farmer, who is serving a life sentence for killing six women who disappeared from the Downtown Eastside, should be granted a new trial, McKinnon said.

That request elicited a heavy sigh from one of a dozen relatives who were in the courtroom, where six prosecutors and two defence lawyers will make arguments before three appeal court justices over nine days.

More family members and friends of the six victims, as well as of other women who have vanished from the neighbourhood, chanted, beat drums and called out for justice on the courthouse steps in downtown Vancouver.

Three sisters of Georgina Papin, who disappeared 10 years ago and is one of the women Pickton was convicted of killing, travelled from Edmonton to listen to the appeal.

“Every part of this trial is important, especially for our sister Georgina, and we want to make sure she is represented,” said Cynthia Cardinal. “We’ll live with this for the rest of our lives.”

At the centre of the defence’s appeal is the only question the jury members asked the judge during their nine days of deliberations in December 2007. Although the question was awkwardly worded, the jury appeared to be asking whether they could find Pickton guilty if they determined he had “indirectly” killed one or more of the women.

It is a reasonable interpretation, McKinnon said, to conclude that some members of the jury must have thought someone other than Pickton shot the three victims who died of gunshot wounds and, potentially, killed the other three victims, whose cause of death could not be determined because very little of their remains were found on Pickton’s property.

“One or more members of the jury were having some difficulty with the Crown’s theory that Mr. Pickton was the shooter of the three women and/or the killer of the other three women,” the lawyer told the court.

McKinnon argued that the trial judge, Justice James Williams, made five errors, among them: the way he initially addressed the jurors’ question; changing his mind and creating the “real possibility” that some jurors could conclude Pickton could be convicted for acting as a participant, instead of a sole perpetrator, in the deaths; and giving a charge to the jury that was “incomplete, misleading and wholly inadequate.”

McKinnon alleged the Crown’s theory that Pickton acted alone in the murders never wavered in this case until the jury members asked their question, and then the Crown “backslid” from its previous position to embrace the idea he may have worked with someone else. That, the defence argued, “destroyed the integrity of this trial.”

McKinnon indicated that the Crown, which is expected to start its response to the defence appeal today or Wednesday, will argue it did not change its position.

On Dec. 9, 2007, three days after asking its question, the jury found Pickton not guilty of first-degree murder, but guilty of the lesser charge of second-degree murder in the deaths of Papin, Sereena Abotsway, Mona Wilson, Andrea Joesbury, Brenda Wolfe and Marnie Frey.

The Crown has also filed its own appeal, arguing the trial judge made six errors, including rulings on whether the jury heard certain evidence and severing the charges against Pickton into two trials, one of six counts and the other of 20. The Crown’s appeal will likely be presented next week, once argument in the defence appeal is finished.

Pickton, who is serving a life sentence with no chance of parole for 25 years, was not present in court.

The 50-seat courtroom was packed most of Monday morning with reporters, victims’ supporters, members of the public, and two Missing Women Task Force investigators. The crowd thinned out in the afternoon, as the legal arguments became more technical.

Community activists Bernie Williams and Gladys Radek, who last year walked across Canada to demand a public inquiry in the case, wore distinctive red native robes in the courtroom. Many of the women who disappeared from the Downtown Eastside were aboriginal.

Also in the courtroom were relatives of some of the other 20 women who Pickton is accused of killing. They hope Pickton will face a second trial on those counts, but the Crown has said it will not proceed with that trial if the defence’s appeal bid is unsuccessful.

lculbert@vancouversun.com

© Copyright (c) The Vancouver Sun

Inquiry urged for B.C.'s missing women

BY LORI CULBERT | VANCOUVER SUN
March 11, 2009

VANCOUVER - A group of native leaders, community activists and victims’ families gathered in Oppenheimer Park this morning to collectively call for a public inquiry into missing and murdered women in British Columbia.

The inquiry should look into the case of the 65 women missing from Vancouver’s Downtown Eastside, six of whom serial killer Robert (Willie) Pickton has been convicted of killing.

It should also examine the case of 18 murdered or missing women in the so-called Highway of Tears case in rural B.C., Grand Chief Stewart Phillip, of the Union of B.C. Indian Chiefs, said in an interview.

Phillip and the B.C. Civil Liberties Association sent letters outlining their request Wednesday to Premier Gordon Campbell, Attorney-General Wally Oppal, and Solicitor General John van Dongan. Victims’ families attended the rally today, and have long believed that society paid little attention to their loved ones vanishing from the Downtown Eastside because they were poor, marginalized women, many of them Aboriginal.

“This situation was allowed to continue a very, very long time. It spanned a couple of decades. Had there been an immediate response on behalf of the Vancouver police, the RCMP and the criminal justice branch, we suggest lives could have been saved,” Phillip said.

Phillip argued the same systemic issues exist in the Highway of Tears case, which has not resulted in any suspects being arrested yet.

Oppal repeated Wednesday what he has said in the past: It is unlikely any inquiry would be held until the Pickton case is no longer before the courts. "I'm really sympathetic to [the victims’ families]. We all want to find out what happened. But the missing women's case is really a part of the Pickton case, and that matter is still before the court of appeal,” Oppal said in Victoria. "We can't order any inquiry, it would be totally improper for us until the courts have finally and completely disposed of the charges."

Pickton was convicted in 2007 of six counts of second-degree murder.

An appeal of the verdict is scheduled for two weeks, starting March 30.

However, Phillip and others fear the case could drag through the courts for years while Pickton exhausts the appeal process.

Pickton has also been charged with killing 20 other missing women, but it is also not clear whether that trial will ever be held.

Waiting several more years for an inquiry would be wrong, “given the frailty of human memories, the loss or destruction of relevant evidence with time, and the retirement or death of key witnesses,” says the letter sent to the politicians.

If the government does not grant an inquiry soon, Phillip said, those in attendance at today’s rally threatened to stage demonstrations during the 2010 Olympics to “draw this to the attention of the international community.”

“The families are sick and tired of being stonewalled,” he added.

David Eby, of the civil liberties association, also called on the government to cover expenses for victims’ families to attend Pickton’s appeal, as it did for the families during his 2007 trial.

And Eby said the group would like assurances that Pickton’s second trial on 20 counts of first-degree murder will proceed.

The government has indicated it may not, should the defence fail in its appeal bid, as Pickton is already serving a life sentence with no chance of parole for 25 years.

lculbert@vancouversun.com

© Copyright (c) The Vancouver Sun

Families must pay own way for Pickton appeal hearing

JOSH WINGROVE
From Tuesday's Globe and Mail
February 23, 2009 at 10:54 PM EST

The families of six women murdered by Robert Pickton will have to pay their own way if they want to attend a nine-day legal-appeals process scheduled for next month, B.C.'s attorney-general says.

The appeals, scheduled to begin March 30, are a largely technical exercise, as lawyers for the Crown and Mr. Pickton will present arguments in favour of a new trial, submitting “potential legal errors the Judge is alleged to have made …,” a letter to victims' families explains.

Mr. Pickton was convicted in 2007 of six counts of second-degree murder, at a trial attended by many victims' families. Subsidies were provided to them to attend that trial.

But in a letter to families this month, British Columbia's Ministry of Public Safety and Solicitor-General indicated that while the hearing will be open for the general public, “travel funding for family members to attend the hearing is not available.”
The province will still provide counselling for victims' families that attend the hearing, scheduled to be held at the B.C. Court of Appeal in Vancouver.

But yesterday, one family criticized the “callous and picayune” decision to cut travel funding, and said some of the families of the six women won't be able to afford to attend.

“I'm concerned that families who may want to be there will not be there,” said Ernie Crey, who believes his sister Dawn was killed at Mr. Pickton's farm, though she is not one of the six women whom Mr. Pickton was convicted of killing. Mr. Crey attended much of the trial.

“It's a goofy and wrong-headed decision and [the government] should reverse it,” he said.

The ministry letter, dated Feb. 16, lays out the procedural minutiae anticipated to make up the hearings. It also tells families they won't receive daily updates on the hearing through a government website for families of the victims of crime. A general summary of the arguments will be posted after the hearings are complete.

A decision on a new trial won't come out for another “many months,” the letter to families says.

It also says that Mr. Pickton, currently serving life in prison with no chance of parole for 25 years, will not be attending next month's hearings. He still faces first-degree murder charges in the deaths of 20 others.

Some of the graphic and disturbing evidence that was not heard by the jury will be reviewed at the appeal court, though it will largely be covered by a publication ban, the letter says.

The Crown and defence both filed for appeals of the conviction.

The Crown is appealing the jury's acquittal of Mr. Pickton on first-degree murder charges, and the trial judge's decision to divide the original 26 murder charges against Mr. Pickton into two trials, one of six counts and another of 20.

The Crown wants to proceed with the outstanding 20 murder charges only if Mr. Pickton's first six convictions are overturned, and argued a second trial shouldn't go ahead until the appeal is finished. Mr. Pickton's lawyers have pushed for a speedy trial on the other 20 charges.

Under its Victim Travel Fund, the B.C. government allocates up to $3,000 per family of any eligible crime victim for “attendance and participation in justice-related proceedings,” including anything “expected to impact the outcome, disposition or results of the proceeding or hearing.” It's available to immediate family - parents, siblings, a spouse and children - who live more than 100 kilometres away from the court. It's not clear which, if any, families of Mr. Pickton's victims used up their $3,000 allocation during 2007's lengthy trial, or if additional funding would be available for those who hadn't.

With reports from Robert Matas

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