PUBLISHER'S NOTE: In view of the $4.25 million compensation William Mullins-Johnson that was announced on October 21, 2010 by the Ontario government, I am re-running some early posts relating to the case. The following post - published on October 0, 2007, ran under the heading, "Interrogation of an innocent man."
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"THIS CASE HAS ALL THE HALLMARKS OF HIS MODUS OPERANDI OF FINDING MURDER WHERE IT DOES NOT EXIST."
WILLIAM MULLINS-JOHNSON'S LAWYERS IN MEMORANDUM TO JUSTICE MINISTER;
William Mullins-Johnson protested his innocence to the police and others at every opportunity - both before and after his arrest for the first-degree murder of Valin Johnson.
However the jury never learned about these protests because of Canada's very restrictive attitude towards exculpatory statements.
In the words of Mullins-Johnson's lawyers - as set out in their factum for the October 15 Reference, "The jury was not given the chance to assess the Appellant’s reaction to Valin’s death before he was arrested, nor his subsequent reaction to the accusation that he had murdered her after he was arrested. None of his statements were led in evidence by the Crown; they were, after all, highly exculpatory. The defence made no attempt to lead them; defence counsel presumably was of the view that the law did not allow the defence to lead them. The Appellant testified in his own defence but the Crown did not allege recent fabrication at any time during his brief cross-examination. The defence could not, therefore, introduce the statements in his re-examination. They are, however, extremely important to any assessment of the Appellant’s actual innocence.
All of the interrogations must be read through the prism that the police were interrogating an utterly innocent man who was charged with a crime that never occurred - no strangulation, no sexual assault. We know now that Valin Johnson likely died after choking on her vomit during her sleep.
Every word is therefore charged with irony - especially passages such as:
BILL - Could there be a small error in [the time of her] death?
Detective WELTON - Very small, it’s between 8:00 and 10:00 pm.
BILL - Could be wrong.
Detective WELTON - They can narrow it down pretty good. They can’t pinpoint exactly, but pretty close. They do it by taking her temperature.
BILL - All I know is I didn’t do it, I didn’t do it.
(Independent experts subsequently took grave issue with the time of death adduced by the Crown's expert);
Detective WELTON - How do you feel?
BILL - I didn’t do it. . . . . .
Detective WELTON - We know you did it.
BILL - I didn’t do it.
Detective WELTON - You know the sexual assault stuff happened.
BILL - I didn’t do it, I didn’t do it, I could be doing life for something I didn’t do.
Detective WELTON - If you didn’t do it, who did?
Detective WELTON - If I told you Bill, that ah, someone has been sexually assaulting Valin for a long time, who would I talk to?
BILL - It wasn’t me. I didn’t do it. I don’t know. I never ever sexually touched those kids in anyway. The thought never crossed my mind. I lost a niece man. I know for a fact I didn’t do it, I didn’t do it, didn’t do it. If you said someone’s been assaulting her I want to know.
Detective WELTON - We don’t know the family.
BILL - I don’t know. Valin is precious. Valin was, she is, how would I say this, Valin would go with anyone, she loved everyone. She’d go off with strangers.
Detective WELTON - She died of suffocation.
BILL - Kim told me she died when she puked.
Detective WELTON - Someone put too much pressure on her neck and chest, she couldn’t breathe and she died.
BILL - I didn’t do it.
. . . . .
Detective WELTON - Doctors are experts.
The Appellant asked Sgt. Welton:
BILL - Do you think this could be crib death?
Detective WELTON - No.
BILL - Freak accident?
Detective WELTON - No, this was someone using force.
BILL - I didn’t do it, I didn’t do it. I’m scared man, I don’t want to go to Kingston, I don’t want P.C. I don’t want no wacko ward.
Detective WELTON - Sometimes these things happen.
BILL - I didn’t do it, I didn’t do it.
Detective WELTON - More and more points to you.
BILL - I didn’t do it, I didn’t do it.
Detective WELTON - The experts are pointing towards you.
Detective WELTON - We thought we’d give you opportunity to tell us.
BILL - I didn’t do it, I know I didn’t do it.
Detective WELTON - Well we talked about it.
BILL - I didn’t do it man, you know I didn’t.
Detective WELTON - All the evidence says you did it.
BILL - I didn’t do it.
The officers left the cell are at 7:35 a.m. and as they did so the Appellant yelled at the officers
I didn’t do it.
The Pre-Arrest Interview; (As set out in the factum):
The Appellant was first interviewed at 9:00 a.m. by Sgt. Welton in the home, only a little more than an hour after Valin’s body had been found. The interview recorded by Sgt. Welton, in full, was as follows:
The family, Paul, Kim, John and Valin were gone most of Saturday. Paul had a ball tournament at Strathclair. They got home about 6:00 p.m.. I was making supper and had it ready when they got home. I made steak, Kraft dinner and salad. After Kim gave John and Valin a quick bath we sat down for supper. The kids watched T.V. while eating and after eating Valin lay on the couch and said she was tired. At about 7:30 p.m. I told her to go to bed because she was falling asleep on the couch. She came over and gave me a kiss good night and went up to bed. At about 8:00 p.m. I took John up to bed and saw Valin sleeping so I closed her door. The kids usually go to bed at 8:00 p.m.. After John went to bed I came downstairs and was watching the Toronto Blue Jays game and cleaned the dishes. Kim came home at about 9:30 or 10:00. Her and Paul had gone back to the ball field after supper as Paul had another game to play at 7:30 p.m. Paul did not come home with her. Kim went to bed at about 11:00 p.m. Around 11:30 or 12:00 midnight three of my friends , Ken Boyer, Kelly Boyer and Steve Nadjiwon came over. We sat around until about 1:30 a.m. and we decided to go for a walk in the Rankin Reserve. At 2:50 a.m. Ken told me the time and I headed home. It took me about five minutes to get home. When I got home everything was fine, all the lights were out. I went to sleep on the couch in the livingroom where I normally sleep.
A little after 7:00 a.m. I was awakened by Kim who was upset and said Valin was dead. I went upstairs and met Paul coming down. We went back to Valin’s room and I saw her on her back with her legs pulled up and arms up by her face. Her body was blue. Kim had called 911 and yelled to Paul and I to do C.P.R. We could not open her mouth. Kim spread a blanket on the floor in the livingroom and Paul carried Valin downstairs.
I asked John what Valin got into and he said she took two pink pills with water.
The ambulance attended and then the police arrived.
Question: Was Valin complaining about being sick to you?
Answer: No.
Question: What was Valin’s normal bedtime?
Answer: Usually 8:00 p.m.
Question: Did any of your friends go upstairs while they were visiting?
Answer: No, nobody.
(Signed) William Mullins-Johnson...
The Post-Arrest Interviews (as set out in the factum);
At 6:30 p.m. Sgt. Welton arrested the Appellant for the first degree murder and aggravated sexual assault of Valin. The Appellant called to his brother Paul to find him a lawyer, and kept repeating “I didn’t do nothing”. Once in the police car, he was described by the officers as crying, sobbing and hysterical. En route to the police station, he said:
– I didn’t do it
– I wouldn’t hurt that little girl
– You got nothing, you got fuck all, what have you got on me man, nothing, you got fuck all
– I didn’t touch her, she went to bed and that’s that.
At 6:40 p.m., in the booking room, the Appellant was told how Valin died, and at what time. He replied:
I was doing dishes, watching TV. I put John to bed at 8:00. Valin went to bed by herself. I was the only other person in the house.
He was then allowed to speak to his lawyer on the telephone. ..
At 7:07 p.m., Mr. Mullins-Johnson was spoken to by Sgt. Welton and P.C. Martynuck in an interview room. Unfortunately, neither this interview nor any of the later ones were taped in any way. Rather, as P.C. Martynuck wrote in her willsay, she recorded them “in her notebook to the best of [her] ability”23. Throughout this interview the Appellant continually protested his innocence. Examples follow:
Detective WELTON - Could you help us in who did it?
BILL - Wasn’t me, wasn’t me, didn’t do it, didn’t do it. (pause) I just want to go to sleep.
. . . . .
Detective WELTON - Did you ever touch Valin?
BILL - Thought never crossed my mind.
Detective WELTON - Is there anything you want to ask me?
BILL - No.
Detective WELTON - Was Valin a good kid?
BILL - Sometimes, she had a zest for life.
Detective WELTON - Do you understand why you’re here?
BILL - Yeah, but I don’t want to be here.
. . . . .
Detective WELTON - What are you thinking?
BILL - Police force is a disgrace.
Detective WELTON - Why?
BILL - Cause it’s a disgrace. I’m innocent, I’m innocent.
Detective WELTON - But you don’t want to help us in who did it if it wasn’t you?
BILL - I’m innocent, I didn’t do anything
. . . . .
Detective WELTON - You live there Bill, why would anyone do this?
BILL - Sick, deranged.
Detective WELTON - Someone like that probably needs help.
BILL - (whispers) - Yeah
Detective WELTON - Do you get along with Kim?
BILL - Yeah
Detective WELTON - What about Paul?
BILL - I live there don’t I. I wouldn’t live there if we didn’t get along.
The interview concluded at 7:34 pm. ..
At 10:26 p.m., the two officers tried again. The interview began:
Detective WELTON - How do you feel?
BILL - I didn’t do it.24
. . . . .
Detective WELTON - We know you did it.
BILL - I didn’t do it.
Detective WELTON - You know the sexual assault stuff happened.
BILL - I didn’t do it, I didn’t do it, I could be doing life for something I didn’t do.
Detective WELTON - If you didn’t do it, who did?
BILL - I put John to bed, went by Valin and shut the door, went down, did dishes.
. . . . .
Detective WELTON - Did you take a shower today?
BILL - Yeah.
Detective WELTON - I just asked, that’s all. What are you thinking?
BILL - Why this is happening. I didn’t do it man, I didn’t do it.
Detective WELTON - You know Valin has passed away.
BILL - Yeah, I know. I don’t know how.
Detective WELTON - What were you wearing last night?
BILL - This and this (indicating clothes he had on).
Detective WELTON - Who got the kids in bath and pyjamas?
BILL - Kim did.
Detective WELTON - If I told you Bill, that ah, someone has been sexually assaulting Valin for a long time, who would I talk to?
BILL - It wasn’t me. I didn’t do it. I don’t know. I never ever sexually touched those kids in anyway. The thought never crossed my mind. I lost a niece man. I know for a fact I didn’t do it, I didn’t do it, didn’t do it. If you said someone’s been assaulting her I want to know.
Detective WELTON - We don’t know the family.
BILL - I don’t know. Valin is precious. Valin was, she is, how would I say this, Valin would go with anyone, she loved everyone. She’d go off with strangers.
. . . . .
Detective WELTON - Valin is a tiny girl.
BILL - She loved her Uncle Bill, she loved me because she loved me for me, she’d see me down the road, run up to me and say she loved me. And all of that is gone? People are saying I did it. I’ll go to court for it. I didn’t do it. I didn’t fuckin do it. I’ve been to court for 2 years, I’ll fuckin do it (Bill is very irate and upset at this point).
. . . . .
BILL - I’d never hurt a child.
Detective WELTON - If you want to tell me about you, go ahead.
BILL - Kids love me unconditionally. I love being around kids. I watch TV with them, especially Valin. She loved cartoons. I don’t know how she died.
Detective WELTON - She died of suffocation.
BILL - Kim told me she died when she puked.
Detective WELTON - Someone put too much pressure on her neck and chest, she couldn’t breathe and she died.
BILL - I didn’t do it.
. . . . .
Detective WELTON - Doctors are experts.
BILL - I don’t know. If she died between 8:00 p.m. and 10:00 p.m. (20:00 - 22:00 hours) I would have heard something. I was there, left between 1:30 and 3:00 a.m. (01:30 and 03:00 hours).
Detective WELTON - Don’t get upset.
BILL - I didn’t do it.
Detective WELTON - Is it possible or have you ever done something and not remembered it?
BILL - No possibility, never happened.
Detective WELTON - Never blacked out?
BILL - Never, I’ll tell the Crown to fuck off. If you want me to go to court and jail for society I will. I loved her unconditionally. I’ll go to jail for her, but I didn’t do it. You’ve got to fuckin prove it. I didn’t do it. I didn’t do it. This hurt[s] too much.
Detective WELTON - I know it.
BILL - I dreamt about Valin. She was at the cell door. I just want whoever did this to be where I am, because I didn’t do it.
. . . . .
Detective WELTON -Black out, didn’t black out?
BILL - No, I put John to bed, shut Valin’s door, went downstairs, watched TV and did the dishes.
The Appellant asked Sgt. Welton:
BILL - Do you think this could be crib death?
Detective WELTON - No.
BILL - Freak accident?
Detective WELTON - No, this was someone using force.
BILL - I didn’t do it, I didn’t do it. I’m scared man, I don’t want to go to Kingston, I don’t want P.C. I don’t want no wacko ward.
Detective WELTON - Sometimes these things happen.
BILL - I didn’t do it, I didn’t do it.
Detective WELTON - More and more points to you.
BILL - I didn’t do it, I didn’t do it.
Detective WELTON - The experts are pointing towards you.
BILL - I didn’t do it, I didn’t do it. I don’t know what happened to her, if I knew, I would tell you. I wouldn’t go down for this for someone else. I want to go to bed. ..
The Appellant, who at this point was crying and, as was apparent to the police, very upset, was asked to review the interview that he had given to Sgt. Welton that morning. He did so and added:
BILL - When Valin was on the couch she covered up herself with a blanket. She got it from the corner.
Detective WELTON - One of those ones you’d use [on] kids.
BILL - It was the one she was wrapped in, I used it on the couch. She was tired and walked up staggering. She was that tired.
P.C. Martynuck recorded that the Appellant “started crying softly when reading about finding Valin’s body”. The Appellant reiterated that no one went upstairs while he was babysitting. The conversation continued:
BILL - Could there be a small error in [the time of her] death?
Detective WELTON - Very small, it’s between 8:00 and 10:00 pm.
BILL - Could be wrong.
Detective WELTON - They can narrow it down pretty good. They can’t pinpoint exactly, but pretty close. They do it by taking her temperature.
BILL - All I know is I didn’t do it, I didn’t do it.
At 11:17 pm. Sgt. Welton confronted the Appellant with the allegation that he had sexually assaulted Valin’s sister Jean. The Appellant vehemently denied this as well. Finally, at 11:47 pm, the officers gave up their questioning of him.
Willsay of P.C. Martynuck, Crown Brief, Joint Record, Vol. 3, Tab 20, pp. 13-19
Willsay of Sgt. Welton, Crown Brief, Joint Record, Vol. 3, Tab 23, pp. 6-7
On Monday morning, Sgt. Welton and P.C. Martynuck spoke to the Appellant again:
Detective WELTON - We thought we’d give you opportunity to tell us.
BILL - I didn’t do it, I know I didn’t do it.
Detective WELTON - Well we talked about it.
BILL - I didn’t do it man, you know I didn’t.
Detective WELTON - All the evidence says you did it.
BILL - I didn’t do it.
The officers left the cell are at 7:35 a.m. and as they did so the Appellant yelled at the officers
I didn’t do it. ..
Thereafter, the Appellant continued to maintain his innocence to anyone who would listen
to him including the authorities in the penitentiary system.
Conclusions (on exculpatory statements as set out in the factum);
The admissibility of an accused’s exculpatory statements upon arrest was reviewed by Commissioner Kaufman in the Morin Inquiry. He said:
In my view, there are policy considerations that arguably support the exclusion of the accused’s exculpatory statements tendered at the instance of the defence, where the accused does not testify. However, there are compelling policy considerations, outlined above, for a reconsideration of the rule in circumstances where the accused is prepared to testify. (emphasis added)
The Commissioner made the following recommendation:
Recommendation 77: Admissibility of exculpatory statement upon arrest.
The Government of Canada should consider a legislative amendment permitting the introduction of an exculpatory statement made by the accused upon arrest, at the instance of the defence, where the accused testifies at trial.
In the Appellant’s case, the jury could not fail to have been impressed by, and benefited from, the consistency and ferocity of his assertions that he had done nothing to Valin if only they had had a chance to hear them...
Harold Levy;
