SUB-HEADING: "Awet Asfaha is trying to convince a Toronto jury he deserves a chance at early parole over the 2009 murder of Bishen Golaub."
SUB-HEADING: "Two men were convicted of first-degree murder in the 2009 shooting of Bishen Golaub, 34. One of them, Awet Asfaha, is arguing for early parole at a “faint hope” hearing. The other, Christopher Sheriffe, says his conviction was a miscarriage of justice."
GIST: "One year into his life sentence for murder, Awet Asfaha was attacked by another inmate in the prison gymnasium, his face sliced from neck to jaw with a homemade weapon, Asfaha’s “faint hope” hearing for early parole has been told.
“I have never seen so much blood,” veteran corrections officer Michael Loepp testified, recalling that frantic day in 2013. Loepp gave Asfaha emergency first aid, and he was airlifted to the hospital. Both Asfaha and the other inmate had homemade knives. What the dispute was about, the court was not told.
“It’s an incident I have never forgotten. It was quite violent, quite scary,” Loepp told the jury hearing Asfaha’s attempt to be released from prison.
Sixteen years after that bloody attack, Loepp said the incident at the maximum security Kent Institution in BC was a wake-up call for Asfaha, who had been convicted of the shooting of an innocent man, Bishen Golaub. Asfaha went into segregation when he returned to Kent. There, in a one-person cell, allowed an hour of exercise daily and a shower every second day, Loepp observed Asfaha began to reflect on his situation.
A man was shot at a Toronto barbecue. Another is in jail for life. The Star reinvestigated the case and found flaws — was the right person convicted?
“He’s very driven to be a better person,” Loepp told court. Coincidentally, Loepp is now posted to the minimum-security William Head Institution, where Asfaha was transferred last year. It’s a cottage-style prison housing 100 offenders in 20 houses with seven private beaches on a Vancouver Island peninsula. Court heard it is located on 87 acres, overlooking the Pacific Ocean. Inmates live in two-storey cottages, take part in dramatic performances, have access to a life coach and work with counsellors to set them up for success for the day they are released.
“He’s really been focusing on choosing the right path rather than choosing the easy path,” Loepp testified.
The long scar is still visible on the right side of Asfaha’s face as he sits quietly in the Toronto courtroom. He will testify over two days, later in the hearing. The crown attorney will also read victim impact statements from the late Golaub’s family, including those from his widow, four children and one stepchild.
Asfaha and co-accused Christopher Sheriffe were convicted in 2012 in the shooting death three years before of the 34-year-old furniture maker who was at a neighbourhood barbecue on Mount Olive Drive in Etobicoke. This week, Asfaha, who had maintained his innocence for 17 years, admitted through his lawyer that he was the shooter, pumping three bullets into Golaub, a man with no gang ties.
Sheriffe, convicted as the getaway driver, is in prison near Kingston. A former soccer star who was about to begin work as a carpenter, he maintains that after a night out partying, he had simply been asked by Asfaha to drop him off on the street.
Sheriffe is applying for a review of his conviction with the federal government. His lawyers allege there has been a "miscarriage of justice."
Awet Asfaha’s faint hope hearing
Superior Court Justice Breese Davies will next week ask the jury to determine if Asfaha’s parole eligibility, now set at 25 years, should be reduced. If it is, he will still have to convince the Parole Board of Canada that he is deserving of a second chance.
Loepp, the latest in a series of corrections officials who have backed Asfaha’s bid for early parole, said it was not an easy thing for him to do. Loepp said in his many years working in different prisons, this is the first time he has spoken up for an offender. Loepp said he and his wife, also posted to William Head Institution, are seen as “mom and dad” by Asfaha and other inmates. Court has heard that Asfaha had a difficult family life, and his father was abusive to him.
Convicted Toronto killer has ‘one of the biggest hearts I have ever seen,’ life coach tells faint-hope hearing
“This is a big step for me to feel comfortable in supporting an offender with something like this,” Loepp said. “He’s shown me that offenders can focus on what they need to do and can move forward in their life.”
Court also heard from one of Asfaha’s sisters, Sara, who is a few years younger than the 41-year old Awet. She recalls that Awet was teased as a boy, called “A Wet towel” by others and mocked for being overweight. As he got older, she became concerned. “He’s hanging around with the wrong people,” Sara, now a teacher, said she had observed shortly before his arrest for murder. From his conviction until 2017, he kept saying he was innocent. Then he called her one day.
“I just wanted to tell you I did it,” Sara said Awet told her, confessing to killing Golaub. Asked in court for her reaction, Sara said she was relieved.
“Because it wasn’t a wrongful conviction. He is where he needs to be,” Sara said, referring to prison. She now supports his release.
Crown attorney Katherine Rogozinski, in her cross-examination, asked Sara if she was “concerned there is some darkness in your brother you don’t understand.”
Sara replied: “Currently, no. At the time that he took accountability by telling us in 2017, absolutely.”
The case was the focus of a Toronto Star series and podcast.""
PUBLISHER'S NOTE: I am monitoring this case/issue/resource. 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. Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog. 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; 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;