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Canadian Murder Conviction Overturned

By TChris, Section Innocence Cases
Posted on Sun Mar 06, 2005 at 02:18:44 PM EST
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by TChris

James Driskell was convicted of murdering a Winnipeg man, Perry Harder, after prosecutors convinced a jury that the victim's hair was found in Driskell's van. Hair analysis before DNA was about as sophisticated as "Shucks, sure looks to me like it's the same hair."

But DNA tests in 2002 showed the hair did not belong to Harder, and key witnesses at Driskell's trial, who were paid for their testimony, have since recanted or threatened to recant their statements, the federal government said.

The prosecution and police also withheld evidence from Driskell's lawyers.

Justice Minister Irwin Cotler overturned Driskell's conviction. Cotler ordered a new trial, but Manitoba's Justice Department won't pursue one. Driskell, who has been free since 2003 while his conviction was under review, spent about 12 years in prison before his release.

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    • Canadian Murder Conviction Overturned | 4 comments (4 topical)
    Re: Canadian Murder Conviction Overturned (none / 0) (#1)
    by Talkleft Visitor on Sun Mar 06, 2005 at 04:05:52 PM EST
    Do I understand that the witnsses were paid by the state for testimony? i understand that its canadian but, "come on, sounds like mexico to me" and it points out what law is in all nation states "corrupt" all the people on earth need a new idea of what government and laws are and are not. this guy need 12 million from the government of canadian in E.U Money. and the prosecutor need prison for 24 years along with the witnesses and maybe the judge too. oh yes did any of you hear about a guy and his family being attacked in a chucke cheese's pizza place for having used the salad bar to many times, it happen 2 or 3 days ago, the guy paid for the salad and the pizza for his kids, someone called the cops and the cops walk into the place and attacked the guy right off hand, it was on a radio show (600 san diego) he was arrested by the cops and taken to jail for eating to much(disorderly), "I am not joking", its a real story! oh yes the 7 and 3 year old's were left standing alone and the cops just left the kids, without the mother or a friend to take the kids home, this is one big prosecution case against the cops. 100 million that is what i would go for.

    Re: Canadian Murder Conviction Overturned (none / 0) (#2)
    by manish on Sun Mar 06, 2005 at 04:57:19 PM EST
    Presumably it was the expert witnesses who testified that the hair samples matched who were paid. I think that this is standard practise in the US as well. Eyewitnesses shouldn't get paid.

    Re: Canadian Murder Conviction Overturned (none / 0) (#3)
    by cp on Sun Mar 06, 2005 at 09:22:33 PM EST
    unfortunately, the article doesn't identify who the paid witnesses were. however, before dna, apparently you were considered an "expert" in hair analysis if you'd looked at a lot of it. not a whole lot of actual "science" involved. it will be interesting to see what evidence was withheld by the police and prosecutors though. do they have the same rules, regarding exculpatory evidence, in canada as in the u.s.?

    Re: Canadian Murder Conviction Overturned (none / 0) (#4)
    by Talkleft Visitor on Mon Mar 07, 2005 at 12:52:35 PM EST
    Apparently the two issues were the expert testimony regarding hair samples, and the use of a paid "jailhouse informant". The latter issue was also at the heart of the Thomas Sophonow case in Winnipeg.

    Canadian Murder Conviction Overturned | 4 comments (4 topical)