Both sides want appeal of the Pickton second degree murder conviction

Mar 7 08 - As of Jan 7 08 neither side in the proceedings against Robert William 'Willy' Pickton were satisfied with the outcome of the first trial, guilty of second degree murder of Serena Abotsway, Mona Wilson, Andrea Joesbury, Brenda Wolfe, Marnie Frey and Georgina Papin. The Crown disagrees with the second degree count delivered by the jury; the defense feels mistakes were made and a re-trial is required on the basis of the mistakes (probably regarding judge's instructions about delivering a verdict on which count, first second degree murder, or manslaughter, or not guilty). The Crown is asking for a retrial with the proceedings to include the remaining twenty counts of first degree murder that Willy Pickton faces. (The convicted murderer remains in prison throughout appeal.)

The next round of hearings regarding the appeals in the case will occur in May 2008. It took ten days of deliberation, when, on Sun., Dec 9 07, the jury in the trial of Robert William 'Willy' Pickton returned from motel and meeting rooms in the Lower Mainland with a verdict. The jury foreman announced in a hushed courtroom that Willy Pickton, 58, was not guilty of first degree murder.

At that moment countless expressions of shock were heard in the B.C. Supreme Court in New Westminster, B.C., before an actual verdict was announced: guilty of second degree murder on all six counts. The feelings of family and friends of the victims instantly turned from mortification to apparently palpable relief. In turn, on the day of sentencing two days later (Tue, Dec 11 07), the judge in the case of Robert William Pickton sent him to life in prison with no eligibility for parole for the maximum 25 years.

Those jury deliberations started Nov 30 07 after ten months, 128 witnesses, and a endless swale of evidence. This trial was about six women who died at the Pickton farm. Many more went missing from Vancouver's Downtown Eastside (DES) besides the six: Serena Abotsway, Mona Wilson, Andrea Joesbury, Brenda Wolfe, Marnie Frey and Georgina Papin. Willy Pickton will face a second trial in connection with the deaths of 20 more women.

It was over a week of tense waiting for the verdict, especially early in deliberations when jurors were deciding the fate of Willy Pickton. They came back to Judge James Williams with a question regarding the 'degree of guilt,' about which they inquired into this initial instruction:

"If you find Mr. Pickton shot Miss Abotsway, you should find the Crown has proven this element. On the other hand, if you have a reasonable doubt about whether or not he shot her, you must return a verdict of not guilty on the charge of murdering her."

Williams apologised and issued the following upgraded instruction: "If you find that Mr. Pickton shot Miss Abotsway or was otherwise an active participant in her killing, you should find that the Crown has proved this element. On the other hand, if you have a reasonable doubt that he was an active participant in this killing, you must return a verdict of not guilty."

By the sounds of it, Willy Pickton was a hair-breadth from acquittal or conviction on lesser charges, as if the jury was speculating on who else was involved in the killings. Nevertheless the jury found him guilty based on their own answers to the following judge-issued questions:

1. Is the victim dead, and was the victim killed by means of an unlawful act?

2. Was the victim killed at the time and place listed?

3. Is Pickton the person who killed the victim?

4. Did Pickton mean to cause the victim's death or mean to cause bodily harm that would be likely to cause death, and was reckless about whether or not it would cause death?

5. Was the victim's death planned and deliberate?

The jury was informed that if they said yes to the first four questions, but not the fifth, Pickton would be convicted of second-degree murder. If the jury only agreed to the first three questions Pickton would be convicted of manslaughter. If the jury had said yes to only the first two questions, Pickton would be acquitted.

At the outset, Willy Pickton pleaded not guilty to all 26 charges of first-degree murder. A publication ban will be sustained on various details of evidence and hearings because of remaining charges and an impending second trial.

Stan Lowe, Crown spokesman, told media, "Pickton was found guilty of second degree murder on six counts. The verdict calls for life imprisonment, and the date of eligibility for parole is the difference in the degrees." Lowe spoke to the pain wrought from society and especially families who lost loved ones. "The conviction is a reflection of the strength of the evidence."

He credits the effort of a jointly operational group formed from the Vancouver Police Department and RCMP called the Missing Women's Task Force (on-going). "The amount of forensic evidence was unprecedented, and the prosecution team was comprised of seven lawyers and support staff. The conviction was a credit to the professionalism of prosecution services in B.C.. Mr. Pickton murdered these women and that is what the jury has found."

Lowe added, "We still have work left on this case." A second trial may begin as early as Jan 17 08, but, said Lowe, "Several factors," weigh on the inevitability of the second trial, including the defence launching an appeal, defence and prosecution readiness, and elimination of voir dires (jury selection prior to trial proceedings, or any hearing outside the presence of a jury).

The lead Crown Prosecutor Michael Petrie, said, "We are relieved after five plus years that we have made it to this point and that the jury agreed with the prosecution." Petrie said, "I didn't feel it was going to be an acquittal," but added, "It's been said many times that speculating on what went into a jury decision is impossible to understand."

In the difference between first and second degree murder Petrie argued the prosecution sees little difference, "It is only a question of the judge being allowed to determine between 10 or more years and 25 years (maximum sentence in first degree) before eligibility for parole."

Petrie told reporters, "I believe in the jury system," and, "They came back with a verdict and felt it was just." He added that he will be involved in the next trial if he is asked to be."

He noted that any murder case is difficult for prosecutors, and multiple murder cases are even more difficult, then, add to that the peculiarities of this case, which makes it even more difficult. "It takes a certain type of character to deal with that from the prosecution point of view, and told CTV's Todd Battis, "I am gratified and relieved," by the outcome.

Missing Women Task Force police constables, one from Vancouver Police Dept. and one RCMP, told the media, "We are dealing what happened to women who have gone missing or been found murdered over the past many years. They were mothers, sisters, aunts, daughters, and cherished friends. The investigation remains active and will continue." The MWTF spokeswomen expressed, "thanks to the jury for their commitment and public service."

They also discussed the scale of the investigation that included 13000 tasks, 688 boxes, and two million pieces of paper. "We must not forget there are 20 counts still before the courts. Investigation details will remain unspoken since the unsolved cases are addressed."

The MWTF constable from VPD said, "At its height 69 women were on the list, and, since then, four have been found alive." With the six convictions and 20 outstanding charges against Willy Pickton, "this leaves 39 unsolved missing women cases still under the aegis of the MWTF," adding that anyone with information should call 1-877 687-3377.

Ward Lymburner, officer in charge of MWTF since Feb 2002 (succeeding Don Adam), said, "Three hundred full-time employees formed the task force," on which up to 700 worked to this date.

Peter Ritchie was the lead on Pickton's defence, "I can tell you the defence lawyers were a dedicated group who certainly tried to present their case in the best light. We certainly tried our best. Our client faces further counts which keeps me constrained about saying much more."

Mainly, he said the Crown "did not prove these murders were planned or premeditated." As for other suspects in the murders who made no appearance in the B.C. Supreme Court proceedings, "The defence did not call Pat Casanova or Dinah Taylor and left it to the Crown to do so, which it did not or chose not to do."

About the six year case, Ritchie said, "It was a long case and we worked very hard," and the exhaustion comes after lengthy months or years without break, holiday or respite, "It is quite fatiguing," and yet, they have "another indictment coming in January."

At a tearful family press conference, Marnie Frey's dad Rick Frey said, "We are happy he was convicted although we wanted 1st degree. It's been 10 years since the formation of the task force and it's not going to stop here. We have six and there are 20 more to come."

Frey then said the government needs to launch an inquiry into, "Why were our loved ones allowed to wallow in the DES and then nothing was done for so long after they were reported missing?" Frey added what a lot of people were wondering, "If it isn't premeditation I don't know what is, but the jury did what it did, and I think the evidence was there for 1st degree but I cannot read their minds."

He noted that the victims including his daughter were women and mistreated, and the east end of Vancouver is appalling and to this day there are women down there suffering. "They are honest people suffering with their illness."

Cynthia Cardinal is Georgina Faith Papin's sister and spoke for the family saying they are grateful this horrible experience is over. They want return of Georgina's remains for an appropriate internment. "She needs her place at either Hobbema or Enoch Reserve," (near Edmonton). Elana Papin acknowledged the media for, "being kind for us and understanding us," and she thanked Don Adams (first head of MWTF) for his, "tremendous effort," to make the task force work effectively.

Andrea Joesbury's mother said, "I hope that her death was not in vain and will change the way we look at these women in society." She added that a lot of wolves in sheep’s clothing are stalking the vulnerable of society, and, "government and society must change their attitudes toward vulnerable people because these actions can go on for too long.

"I've seen and listened to a lot of horror stories and I know people turn a blind eye to most of them. I hope this is a wakeup call and my daughter’s death is not in vain." She said more services and dollars are required to help these people.

How does Willy Pickton fit the profile of a serial killer? During the taped conversation with an undercover officer, Willy Pickton appeared to glory at the prospect of becoming Canada's worst serial killer. "I had them going, boy did I have them going," he said, regarding the police. Even so, at another point, Willy Pickton attributes the crimes to others, adding that he would "take the fall" in the end.

The forensic definition of a serial killer is someone who has killed at least three times. According to experts they often think of themselves as exceptions to the rule, and obtain a thrill from taunting police, victims, and public.

A Canadian expert on serial killers, Elliot Leyton, told media the typical serial killer is, "a dull, normal person of average intelligence, who has ideas about himself and who thinks he or she should be something better in society. They have the feeling, the illusion they're not where they ought to be and people have stood in their way and they're going to get even in one way or another."

"Willy's Memoirs," came from a tape from 1991 played in court where Willy Pickton talking to an American acquaintance about life on the family pig farm, "I never ever did wear new clothes, always second-hand clothes," and brags himself up as a mechanic, "I can just look at a truck and I can pretty well tell you what's wrong with it," and he complains about being stuck on the pig farm: practically textbook serial killer ramblings.