Robert Baltovich
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Robert Baltovich | |
---|---|
Born | July 17, 1965 |
Alma mater | University of Toronto |
Known for | Wrongly convicted of murder |
Robert Baltovich (born July 17, 1965) is a
Elizabeth Bain murder
On June 8, 1990, Baltovich graduated with a degree in
First trial and conviction
On November 19, 1990, Baltovich was arrested and charged with first-degree murder. Justice John O'Driscoll presided over his case, with crown prosecutors John McMahon and Paul Amenta. His trial lawyers were William Gatward and Michael Engel. His case continued in the courts for several years, during which he consistently maintained his innocence. His lawyers suggested that the so-called "Scarborough rapist" (the term used for the then unidentified serial killer Paul Bernardo) might be responsible for the murder.[3]
On March 31, 1992, Baltovich was convicted of
Appeal, retrial and acquittal
On December 2, 2004, the Court of Appeal for Ontario set aside the conviction, delivering what news reports called "a scathing attack"[4] on the conduct of the original trial judge. This fell short of the acquittal that Baltovich's counsel had argued for. On July 15, 2005, Ontario's Ministry of the Attorney-General announced that Baltovich would face a new trial on charges of second-degree murder, at an unspecified date, and remain free on bail in the meantime. During that time, Baltovich worked as a librarian for the Government of Ontario.
In 1999, Baltovich got in contact with the
On March 31, 2008, jury selection began in the second-degree murder trial. The trial, slated to begin in Toronto on April 14, 2008, was delayed, with the Crown (prosecution) giving no reason. When the trial resumed, the Crown declined to call any of the more than 50 witnesses they had planned, citing "recent developments, including the cumulative effect of the pre-trial evidentiary rulings rendered to date in this case, other evidentiary issues, and changes to case law".[6] With no Crown case, the judge directed the jury to make a finding of not guilty on April 22, 2008.[7]
Civil Suit
In January 2010, the Attorney-General concluded that the payment of financial compensation was not appropriate.
On April 21, 2010, a civil suit alleging malicious prosecution, negligent investigation and negligent representation was filed on behalf of Baltovich. The defendants named include John McMahon, now a judge with the Superior Court of Ontario, and Paul Amenta, a practicing Crown Attorney in Toronto. Det. Sgt. Brian Raybould and Det. Sgt. Steve Reesor, the two lead detectives in the case, are also named as defendants.
In May 2014, Baltovich's lawyers applied to amend his statement of claim. Media reported that during examinations for discovery related to Baltovich's civil suit, previously undisclosed forensic evidence had surfaced indicating that Det. Sgt. Brian Raybould had met with two forensic experts three days after Baltovich's arrest in November 1990 during which time he was told that the police theory of the crime - that Baltovich had killed Elizabeth Bain on June 19, 1990, hidden her body nearby in Colonel Danforth Park and that he had returned three days later to retrieve her body and drive it out of Scarborough in her car - was not supported by the forensic evidence found in Bain's car and that, according to Baltovich's lawyers, the theory presented at Baltovich's first trial was "flawed and untenable." It is also alleged that Det. Sgt. Brian Raybould doctored his notes in an effort to conceal the existence of the meeting by removing pages referencing the meeting and replacing them with another page from his notes from a later date.
See also
References
- ^ Wrongful Conviction Day 2020 with guest Robert Baltovich, retrieved 2021-04-11
- ^ "Robert Baltovich wants police to reopen the Elizabeth Bain case". torontosun. Retrieved 2021-04-11.
- ^ a b c "Robert Baltovich". Innocence Canada. Retrieved 2021-04-11.
- ^ globeandmail.com: National[permanent dead link]
- YouTubePolice video interview of Bernardo re Bain
- ^ TheStar.com | Crime | Baltovich acquitted of murder
- ^ 'I get to live the rest my life free': Baltovich acquitted