Death of twin daughters (Karen and Krista Hart)
On August 4, 2002, Nelson Hart drove his twin daughters, Karen and Krista, to Gander Lake, while his wife Jennifer showered and got ready for the family to attend the annual civic holiday, Gander Day, a local celebration that coincides with Gander's Festival of Flight celebrations. [5] Hart traveled with his daughters to the nearby area of Little Harbour on Gander Lake. The events that followed the Harts' arrival at Gander Lake remain unclear. What is known is that the three year-old twins both drowned at the lake while in the custody of Hart.
Hart initially climbed back into his car and drove ten kilometres to Gander. Hart told police he'd seen Krista fall off the dock into the water, and because he couldn't swim, he drove back to Gander to get his wife to help save her, despite the fact that his wife was also unable to swim. [6] Hart picked up his wife and returned to the lake, where they found Karen deceased in the water, and Krista also in the water, alive, but unconscious. The couple called an ambulance, which allowed first responders to retrieve the body of Karen and bring Krista to the James Paton Memorial Hospital, where she later died. [7]
Two months after initially talking to police, Hart's version of events changed, and he admitted that he had lied about what happened at the lake. [8] Hart told police that he had never seen Krista fall into the water, but instead he suffered an epileptic blackout episode after taking his daughters out of the car. Hart claimed that once he came out of his seizure, Krista was in the water, and he then drove to Gander to get his wife. Hart claimed he had originally lied to police to avoid losing his driver's licence. [9]
"Mr. Big" Sting
With no witnesses to the alleged crime, the Royal Canadian Mounted Police launched a "Mr. Big" operation targeting Hart by seeking a confession to the murders. In 2005, an undercover mountie approached Hart in a Gander parking lot, and the officer was able to convince Hart to help him attempt to locate his lost sister. The initial meeting led to Hart performing a series of small favors for the undercover officer in exchange for payment and gifts, which inevitably led to bigger jobs with bigger payouts until Hart was convinced he was working for a criminal syndicate. Once Hart's trust was earned, Hart confessed to killing Karen and Krista after the undercover mountie confided in Hart about some terrible things he had done in his past. [10] With a verbal confession, the mounties continued to press Hart, setting up a meeting with their 'crime boss,' who wanted to know the truth about the murders, in order to advance Hart's blossoming criminal career. During the meeting, Hart again confessed to the murders while the mounties videotaped the interaction. [11]
Conviction
In June 2005, Nelson Hart was charged with first-degree murder in connection to the deaths of his twin daughters Karen and Krista Hart. His trial began in February 2007, five years following the deaths of Karen and Krista at Gander Lake. Hart's defense maintained that he had suffered an epileptic episode, [12] leading to his children being unsupervised, and ultimately ending up in the lake. His confession, his lawyer would argue, was coerced by undercover police officers, who Hart was trying impress in order to keep his cash flow, and new career as a criminal operative. [13] Hart was ultimately convicted of the murders and sentenced to life in prison. [14]
Appeal
Lawyers representing Nelson Hart filed an appeal on his behalf, claiming that the videotaped confession obtained by the RCMP was not admissible due to the coercive nature of the confession combined with the inducements promised to Hart through the Mr. Big sting operation. [15] The Newfoundland and Labrador Supreme Court of Appeal ultimately agreed and tossed out the confession, leaving the crown with the option to prove its case against Hart without using the videotaped confession obtained by the RCMP during its Mr. Big operation. The court also noted that Hart, who had been denied the chance to testify in his original trial due to his fears of speaking in public, should have been accommodated and allowed to testify in private due to his tendency towards epileptic seizures brought on by stress. [16]
Fallout
NL Crown prosecutors appealed the NL Supreme Court decision to the Supreme Court of Canada, which would go on to agree with the lower court's ruling. [17] The Hart decision from the Supreme Court of Canada shed light on the well-known and highly successful police tactic, "Mr. Big," which is designed to gain confessions in high profile criminal cases. The Supreme Court of Canada warned that the Mr. Big tactic has the potential to pose three significant and dangerous unintended outcomes, including the reliability of the confession itself, that could ultimately lead to a wrongful conviction; prejudice, in that the accused, by their active participation in what they believe is a criminal enterprise, unfairly prejudices the jury due to the accused being portrayed in a criminal light that is unrelated to the crime they are accused of committing; and the potential for police misconduct. [18] The undercover police officer who led the investigation into Karen and Krista Hart's deaths was highly critical of the Supreme Court ruling, noting that he believed that Hart was guilty of murdering his daughters and stating that the decision will hurt future investigations into serious crime. [19]
In July 2014, Crown prosecutors in Gander announced that they would not seek another murder trial for Hart. Supreme Court Justice David Peddle granted the Crown's request to withdraw murder charges against him due to insufficient evidence. Hart was released from Her Majesty's Penitentiary, St. John's, NL in July 2014, after serving nine years in prison. [20]
