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PASSAGE Innocence Canada founding director James Lockyer said returning him to custody for processing was “unreasonable” and his family “wants to take him home.” They were later satisfied with the court returning Woodhouse to custody but taking him directly to his son’s home later Monday.
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PASSAGE TWO OF THE DAY: "“Overall, it’s a very good day, we’re very pleased,” said Jerome Kennedy, a lawyer with Innocence Canada, speaking to reporters on the courthouse steps. “The fact today that he was released is the first step in the process (of acquittal).” Kennedy said his client was the victim of systemic racism “at all levels of the criminal justice system.” Institutional issues, combined with false confessions and the involvement of a Crown prosecutor now known for involvement in multiple wrongful convictions, “caused” a miscarriage of justice, Kennedy said. The Crown attorney who prosecuted the 1974 case is George Dangerfield, who served as the Crown in four other Manitoba murder convictions since deemed wrongful convictions. Thomas Sophonow, James Driskell, Kyle Unger and Frank Ostrowski collectively spent dozens of years in prison for crimes they didn’t commit. Kennedy reiterated an offer Innocence Canada made in July: helping the Manitoba government review past convictions of Indigenous offenders which might be wrongful convictions."
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GIST: An Indigenous man convicted of murder nearly 50 years ago was granted bail Monday, pending a federal review of the case his lawyers say is a wrongful conviction.
Clarence Woodhouse, 72, sat next to a Saulteaux interpreter in a Winnipeg courtroom as King’s Bench Justice Joan McKelvey announced her decision, with conditions.
The Crown consented to the release.
Woodhouse, wearing a blue collared shirt, looked back and forth between the interpreter, the judge and his family members. “Yes,” he said when asked if he understood the judge’s words.
On the steps of the courthouse, Linda Anderson said she cried when she saw her brother in court. She said she is excited to give him a hug, enjoy a cup of tea and just have him “come back home.”
Anderson said it was “as if they died,” when her two brothers were convicted in the July 17, 1973, stabbing murder of Ting Fong Chan in Winnipeg.
Woodhouse’s brother Russell was convicted of manslaughter in the same case. Russell has since died and another brother recently died, too, Anderson said. “It’s just me and Clarence now.”
In March 1974, Clarence Woodhouse, Russell Woodhouse, Brian Anderson and Allan (A.J.) Woodhouse — all from Pinaymootang First Nation — were convicted of the slaying of the 40-year-old restaurant worker and father.
The four men had long-proclaimed their innocence, saying they were assaulted by Winnipeg police officers and forced to sign false confessions in English — a language none were fluent in.
In an emotional proceeding three months ago, King’s Bench Chief Justice Glenn Joyal exonerated Anderson and A.J. Woodhouse. He apologized to the men, calling them “heroes.”
Innocence Canada, a non-profit that advocates on behalf of the wrongfully convicted, was previously unable to locate Clarence Woodhouse. Lawyers were since able to track him down through family.
Woodhouse had been out on parole since 1987, but was sent back to prison after recent criminal charges.
McKelvey ordered a publication ban on the details of those charges.
Innocence Canada filed an application Sept. 13 with federal Justice Minister Arif Virani for a ministerial review of Clarence Woodhouse’s conviction and a posthumous application on Russell Woodhouse’s behalf.
Virani has the power to order a new trial in the case, as did his predecessor, David Lametti, earlier this year for Anderson and A.J. Woodhouse.
In court, Crown attorney Michele Jules referenced the ongoing review when explaining why she consented to the bail release.
“It is reasonable for the minister to find that a miscarriage of justice likely occurred,” Jules said, noting a new trial would likely follow.
McKelvey said she had read the details of Woodhouse’s case and his release was appropriate “in the circumstances.” Conditions include residing with his son, not owning weapons and agreeing to attend court.
There was some tension in court as lawyers representing Woodhouse argued he should be allowed to immediately leave court with family members.
Innocence Canada founding director James Lockyer said returning him to custody for processing was “unreasonable” and his family “wants to take him home.” They were later satisfied with the court returning Woodhouse to custody but taking him directly to his son’s home later Monday.
Outside court, Anderson told reporters he was happy to see his cousin released. “It’s finally happening.”
Anderson said it’s a “relief” to no longer have a murder conviction hanging over his own head.
“Overall, it’s a very good day, we’re very pleased,” said Jerome Kennedy, a lawyer with Innocence Canada, speaking to reporters on the courthouse steps. “The fact today that he was released is the first step in the process (of acquittal).”
Kennedy said his client was the victim of systemic racism “at all levels of the criminal justice system.”
Institutional issues, combined with false confessions and the involvement of a Crown prosecutor now known for involvement in multiple wrongful convictions, “caused” a miscarriage of justice, Kennedy said.
The Crown attorney who prosecuted the 1974 case is George Dangerfield, who served as the Crown in four other Manitoba murder convictions since deemed wrongful convictions.
Thomas Sophonow, James Driskell, Kyle Unger and Frank Ostrowski collectively spent dozens of years in prison for crimes they didn’t commit.
Kennedy reiterated an offer Innocence Canada made in July: helping the Manitoba government review past convictions of Indigenous offenders which might be wrongful convictions."
The entire story can be read at:
SEE BREAKDOWN OF SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG, AT THE LINK BELOW: HL
https://www.blogger.com/blog/post/edit/120008354894645705/47049136857587929
FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices.
Lawyer Radha Natarajan;
Executive Director: New England Innocence Project;
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FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions. They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!
Christina Swarns: Executive Director: The Innocence Project;
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YET ANOTHER FINAL WORD:
David Hammond, one of Broadwater’s attorneys who sought his exoneration, told the Syracuse Post-Standard, “Sprinkle some junk science onto a faulty identification, and it’s the perfect recipe for a wrongful conviction.”
https://deadline.com/2021/11/alice-sebold-lucky-rape-conviction-overturned-anthony-broadwater-1234880143/
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