PASSAGE OF THE DAY: "A June 2018 letter to Sanderson from the department, included as part of the defence's bail application, says "it has been determined that there may be a reasonable basis to conclude that a miscarriage of justice likely occurred in this matter."
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STORY: "No bail for convicted killer in 1996 Winnipeg triple slaying whose case a 'likely miscarriage of justice,' feds say, by reporter Katie May, published by The Winnipeg Free Press on November 3, 2018.
GIST: "A Winnipeg convicted killer
whose case is being investigated as a "likely" miscarriage of justice
has been denied bail while he awaits the federal justice minister's
review of his case. Robert
Sanderson is headed back to minimum security at William Head Institution
in B.C., where he has been serving a life sentence for a 1996 triple
murder investigators believed was gang-related. Court of Queen's Bench
Justice Sheldon Lanchbery made the decision Wednesday. "Sanderson's
release is not warranted," Lanchbery said, pointing to incriminating
evidence against Sanderson that was introduced during his trial in 1997.
"If new information becomes available," it could be brought back to
court and Sanderson's bail application could be reconsidered, he said. Sanderson's case was handled
by then-senior Crown prosecutor George Dangerfield. Four other murder
convictions Dangerfield helped secure have since been overturned
following justice ministers' reviews: Thomas Sophonow, James Driskell,
Kyle Unger and Frank Ostrowski. Ostrowski was released on bail in 2009
and is waiting to find out whether he'll be formally acquitted after the
Crown acknowledged a miscarriage of justice in his case in May 2018. "I
find this case is not as compelling as the evidentiary foundation that
was present in Driskell and Unger at this stage in the process,"
Lanchbery said. He noted the judge who released Ostrowski on bail
described his case as weaker than previous wrongful-conviction cases,
"and I find the applicant's case is weaker than Ostrowski's." The
federal Justice Department's criminal conviction group is looking into
Sanderson's case after his defence team applied for a ministerial review
of his conviction last year. A June 2018 letter to Sanderson from the
department, included as part of the defence's bail application, says "it
has been determined that there may be a reasonable basis to conclude
that a miscarriage of justice likely occurred in this matter." Defence
lawyer James Lockyer said the decision is disappointing, and that
Sanderson "had his hopes up" that he would be released to live under the
supervision of the John Howard Society of Victoria. Now, he'll continue
to wait for the ministerial review. He's currently eligible for day
parole and is expected to be eligible for full parole in 2021. "There's a long wait, potentially," Lockyer said. Sanderson
was arrested in connection to the brutal killings of three men in a
Semple Street home after police linked his car to the crime scene.
Russell Krowetz, Stefan Zurstegge and James Gross were found dead inside
Krowetz's home at 319 Semple Ave. on Aug. 6, 1996 — killings police
believed were an eruption of gang violence over control of street
prostitution in Winnipeg. All three men were tortured and stabbed and
two were shot. To this day, the Crown believes multiple killers were
responsible and that there is important evidence implicating Sanderson. In his decision
Wednesday, Lanchbery agreed, citing testimony from a then-15-year-old
girl who was working for Sanderson in the sex trade. She testified she
saw him arm himself with a gun and a knife before going out on the night
of the murders. The girl testified she saw Sanderson with one of the
co-accused, Robert Tews, on the night of the murder and said she saw
them return to the Stock Exchange Hotel in the wee hours afterward.
Sanderson had a paper bag filled with gold jewelry purported to belong
to one of the victims, and the girl testified he told her, "Russ won’t
need it anymore." She testified Sanderson told her he'd had to take off
his vest and shoes because they had blood all over them, and she said
she heard him and Tews talking about cleaning blood out of Sanderson's
car. The defence argues the
girl was colluding with the Crown's other key witness, Brent Stevenson,
with whom she was in a relationship after Sanderson's arrest. Lanchbery
dismissed that suggestion Wednesday as "nothing more than mere
suspicion." Crown attorney Mark Kantor previously argued the suggestion
of collusion was fully explored during Sanderson's 1997 trial. Blood
from all three victims was found in Sanderson's vehicle, including on a
bloody baseball bat, but Sanderson told police he loaned out his car on
the night of the murders and wouldn't "rat" out who was using it. "I’m
not saying my car wasn’t there. I wasn’t there," Sanderson told police
when he was interviewed the day after the killings. A
jury eventually convicted Sanderson on three counts of first-degree
murder, likely based largely on incriminating witness testimony and
now-debunked DNA evidence that placed him at the crime scene. One of his
two co-accused was eventually acquitted after undergoing an appeal
process and two retrials, but his attempts to appeal his conviction were
rejected. In 2004,
advanced DNA testing proved the hair analysis — relied upon by
Dangerfield — was wrong. A hair found on one of the victim's feet at the
crime scene did not belong to Sanderson, contrary to what the jury was
led to believe. After his unsuccessful attempts
to appeal, it came to light that Stevenson was paid by police to help
with relocation costs. Stevenson testified one of the co-accused, Roger
Sanderson, confessed to him and named Robert Sanderson and Robert Tews
as his co-conspirators in the murders. In a deal that wasn't disclosed
until Roger Sanderson's appeal in 1999, the Winnipeg Police Service paid
the witness $15,000 and relocated him outside of Winnipeg. During
the bail hearing, Kantor told Lanchbery the deal — which the Crown's
office didn't find out about until 1999 — was not made in exchange for
Stevenson's testimony. The Crown disclosed it to Roger Sanderson's
lawyers for his appeal, but didn't tell the lawyers for the other two
convicted killers. Lanchbery
said the payment should have been disclosed, but he didn't agree with
the defence that the non-disclosure may have contributed to a
miscarriage of justice."
The entire story can be read at:
https://www.winnipegfreepress.com/local/no-bail-for-convicted-killer-in-1996-winnipeg-triple-slaying-whose-case-a-likely-miscarriage-of-justice-feds-say-498436172.html
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/
The entire story can be read at:
https://www.winnipegfreepress.com/local/no-bail-for-convicted-killer-in-1996-winnipeg-triple-slaying-whose-case-a-likely-miscarriage-of-justice-feds-say-498436172.html
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/
