Steven Murray Truscott (born January 18, 1945) is a Canadian man who, at age fourteen, was convicted and sentenced to death in 1959 for the rape and murder of classmate Lynne Harper. Truscott had been the last known person to see her alive.[1] He was scheduled to be hanged; however, the federal cabinet reprieved him and he was sentenced to life in prison and released on parole in 1969. Five decades later, in 2007, his conviction was overturned on the basis that key forensic evidence was weaker than had been portrayed at trial, and key evidence in favor of Truscott was concealed from his defense team.[2] He was the youngest person in Canada to face execution.[3]
Cheryl Lynne Harper was born to Leslie and Shirley Harper on August 31, 1946, in New Brunswick. She had one older brother, Barry Harper, who lived in Ohio and a younger brother, Jeffrey. Her father was a school teacher before he joined the military in 1940. They relocated to the RCAF base at Clinton in July, 1957. Lynne spent time going to Sunday school, Bible class and Girl Guides.
On June 9, 1959, Lynne—then 12 years of age—disappeared near RCAF Station Clinton, an air force base south of Clinton, Ontario in what is now Vanastra (roughly 80 kilometers north of London). Two days later, on the afternoon of June 11, searchers discovered her body in a nearby farm woodlot. Harper had been raped and had been strangled with her own blouse.
Steven Truscott and Harper had been classmates in a combined grades 7/8 class at the Air Vice Marshal Hugh Campbell School located on the north side of the Air Force base. In the early evening of Tuesday, June 9, 1959, Truscott had given Harper a ride on the crossbar of his bicycle and proceeded from the vicinity of the school northwards along the County Road. The timing and duration of their encounter, and what happened while they were together, have been contentious issues since 1959.
In court, the Crown contended that Truscott and Harper left the County Road before reaching the bridge over the Bayfield River and, in a wooded area beside the County Road (known as Lawson's Bush), Truscott raped and murdered Lynne. Truscott has maintained since 1959 that he took Harper to the intersection of the County Road and Highway 8, where he left her unharmed. Truscott maintains that when he arrived at the bridge, he looked back toward the intersection where he had dropped Harper off and observed that a vehicle had stopped and that she was in the process of entering it. On June 10, 1959 at 9:30a.m. Steven was interviewed by (Constable) Hobbs in a cruiser at his school. He told Hobbs that while standing on the bridge, he saw Lynne get into a "late model Chevrolet" and there "was a lot of chrome on the car and it could have been a Bellair [sic] version."[4] At 11:20 that evening, Lynne's father reported her missing.[5]
Arrest and trial
On June 12, shortly after 7:00p.m., Truscott was taken into custody. At about 2:30a.m. on June 13, he was charged with first-degree murder under the provisions of the Juvenile Delinquents Act. On June 30, Truscott was ordered to be tried as an adult; an appeal on that order was dismissed.
On September 16, Truscott's trial began in the then Supreme Court of Ontario in Goderich before Mr. Justice Ferguson and a jury. Steven Truscott was represented by Frank Donnelly; Glen Hays appeared for the Crown. All the evidence presented in court against the accused was circumstantial, and centred on placing Harper's death within a narrow time frame which implicated Truscott. Key to this narrow window was the autopsy doctor's testimony that the decomposition of Lynne's body and the state of partially digested food in her stomach indicated she had died near the precise time she was acknowledged to have been with Truscott. On September 30, the jury returned a verdict of guilty, with a recommendation for mercy. Justice Ferguson then sentenced Truscott to death by hanging.
On January 21, 1960, Truscott's appeal, put forth by John G. J. O'Driscoll to the Court of Appeal for Ontario was dismissed. Immediately afterwards the Government of Canada commuted Truscott's sentence to life imprisonment. An application for leave to appeal to the Supreme Court of Canada was denied on February 24. On that date, Truscott did not have an automatic right to appeal to this court.[5]
Incarceration and parole
From his arrest until the commutation of his death sentence, Truscott was imprisoned at the Huron County Gaol in Goderich.
After the commutation of his sentence he was transferred to the Kingston Penitentiary for assessment and he was incarcerated at the Ontario Training School for Boys in Guelph from February 1960 to January 1963. On January 14, 1963, he was transferred to Collins Bay Penitentiary.
Truscott was transferred on May 7, 1967 to the Farm Annex of Collins Bay Penitentiary. On October 21, 1969, Truscott was released on parole and lived in Kingston with his parole officer and then in Vancouver for a brief period before settling in Guelph under an assumed name. He married and raised three children.
On November 12, 1974, Truscott was relieved of the terms and conditions of his parole by the National Parole Board.[5]
At the Supreme Court: the 1960s
Truscott's case was the focus of considerable public attention. In early 1966, Isabel LeBourdais argued in The Trial of Steven Truscott that Truscott had been convicted of a crime he did not commit, rekindling public debate and interest in the case. On April 26, 1966, the Government of Canada referred the Truscott case to the Supreme Court of Canada. Five days of evidence were heard by the Supreme Court of Canada in October 1966, followed by submissions in January 1967. That evidence included the testimony of Truscott, who had not testified at the 1959 trial. British pathologist Professor Keith Simpson was invited by the Canadian government to review the forensic evidence.[6]
On May 4, 1967, the Supreme Court (Hall J. dissenting) held that, if Truscott's appeal had been heard by the court, it would have been dismissed.[5]
New forensic evidence was presented on his behalf, and Truscott testified before the Supreme Court of Canada, telling his story for the first time. Truscott and 25 other witnesses testified before the Court. After a two-week hearing before the Supreme Court, Canada’s top judges ruled 8-1 against Truscott getting a new trial, and he was returned to prison to serve the remainder of his sentence. The Supreme Court stated that “There were many incredibilities inherent in the evidence given by Truscott before us and we do not believe his testimony.”
The joint opinion of Canada’s Supreme Court Justices was: “The verdict of the jury, read in the light of the charge of the trial judge, makes it clear that they were satisfied beyond a reasonable doubt that the facts, which they found to be established by the evidence which they accepted, were not only consistent with the guilt of Truscott but were inconsistent with any rational conclusion other than that Steven Truscott was the guilty person.” [7]
Truscott maintained a low profile until 2000, when an interview on CBC Television's investigative news program The Fifth Estate revived interest in his case. Together with a subsequent book by journalist Julian Sher, they suggested that evidence in favour of Truscott's innocence had been ignored in the original trial.
On April 6, 2006, the body of Lynne Harper was exhumed by order of the Attorney General of Ontario, in order to test for DNA evidence. There was hope that this would bring some closure to the case, but no usable DNA was recovered from the remains.
Blow flies, maggots and insect activity on Harper's body were capable of raising a "reasonable doubt" whether she died before 8p.m.– and could suggest she died as late as the next day, although the court said there was no realistic possibility that entomology could have assisted in solving the murder in 1959. However, samples of insects and maggots were collected from the body at the time, and the science has since evolved. By knowing when insects deposit their eggs or larvae on a corpse, experts can estimate time of death. The evidence did not rule out that Lynne died at the time stated by the Crown.[1]
Truscott's conviction was brought to the Court of Appeal for Ontario on June 19, 2006. The five-judge panel, headed by Ontario Chief Justice Roy McMurtry and including Justice Michael Moldaver, heard three weeks of testimony and fresh evidence. On January 31, 2007, the Court of Appeal for Ontario began hearing arguments from Truscott's defence in the appeal of Truscott's conviction. Arguments were heard by the court over a period of ten days, concluding February 10. In addition to the notoriety of the case itself, the hearing is also notable for being the first time that cameras were allowed into a hearing of the Court of Appeal for Ontario.[5]
The Court of Appeal heard evidence, including earlier versions of draft autopsy reports, that contradicted the supposed narrow window for Harper's time of death. Pathologist Dr. John Penistan had in fact provided three different estimates for this time period, the first two of which would have excluded Truscott as a suspect. Only after the police had narrowed on Truscott as the prime suspect did Penistan provide "forensic proof" that Harper had died exactly around the time that implicated Truscott. His original estimates and draft autopsy reports were concealed from the defence and the court.[8]
In addition, an elderly couple had told investigators soon after the murder that they had spotted a young girl hitchhiking at the time and place where Truscott stated he had left Harper.[9] Bob Lawson, the farmer who owns the property including Lawson’s Bush, testified during the appeal he and a neighbor saw a strange car parked near his fence, apparently with a man and a girl inside, the night the 12-year-old disappeared, and had reported it to the RCAF guardhouse.[10]
During the review Justice Moldaver asked retired OPP officer Harry "Hank" Sayeau (who assisted Inspector Harold Graham) why the police never considered a sexual psychopath might be responsible for Harper's rape and murder before they narrowed their focus on a fourteen-year-old: "Did the thought ever cross your mind that, for someone to strangle her then sexually assault her, you might want to be looking for someone who is more of a pervert, more of a sexual psychopath?" "I don't recall that", said the eighty-four-year-old Harry Sayeau.[11][12]
On August 28, 2007, the Court of Appeal acquitted Truscott of the charges. Truscott's defence team had originally asked for a declaration of factual innocence, which would mean that Truscott would be declared innocent, and not merely unable to be found guilty beyond a reasonable doubt. Although they issued the acquittal, the court said it was not in a position to declare Truscott innocent of the crime. "The appellant has not demonstrated his factual innocence," the court wrote. "At this time, and on the totality of the record, we are in no position to make a declaration of innocence." Within the Court's 2006 judgement, as they reviewed the evidence against Truscott, the Court wrote that "In these circumstances, we cannot say that an acquittal is the only reasonable verdict."[13][14]
Attorney General of Ontario Michael Bryant apologized to Truscott on behalf of the provincial government, stating they were "truly sorry" for the miscarriage of justice.[15]
Many, including Harper's family, have never thought that Truscott was innocent of the murder, and in July 2008 Harper's brother described Truscott's compensation package as "a real travesty" and indicated he would not inform their father for fear the news would upset him.[16]
Cultural aspects
The 1975 film, directed by Murray Markowitz, called Recommendation for Mercy, was based fully on the Truscott case,[17] though different names were introduced into the plot. Andrew Skidd starred.
The plot of Ann-Marie MacDonald's 2003 novel The Way the Crow Flies is based on a fictionalized version of the Truscott case, and the surrounding community's reaction to the incident. MacDonald herself was raised in the same region, during the same time period as the Truscott case.
In protest of the harsh sentence, notable Canadian writer Pierre Berton wrote a poem, Requiem for a Fourteen-Year-Old.[18]
Canadian rock band Blue Rodeo recorded a song, "Truscott", which referenced the case, on their 2000 album The Days in Between.
Laurier LaPierre, co-host of a CBC news show, This Hour Has Seven Days, was fired after shedding a tear in response to an interview with Truscott's mother, Doris. LaPierre's reaction– quickly wiping away tears under one eye and speaking in a shaky voice– infuriated CBC president Alphonse Ouimet. The president, already a critic of Seven Days, took it as proof that LaPierre was "unprofessional".[19] The popular show was cancelled, and the other co-host, Patrick Watson, was also fired over the incident.[20]
The case was dramatized in a 1993 episode of the CBC drama anthology series Scales of Justice, with Zachary Ansley playing Truscott in reenactments of both Truscott's original trial and his first Supreme Court appeal.[21]
A play called Innocence Lost, written by Beverley Cooper and based on Truscott's conviction, was featured at the Blyth Festival Theatre in Blyth, Ontario during the summer 2008 season. It was a finalist for the Governor General's Award for English-language drama in 2008. The play was remounted again in the company's 2009 season and was again playing in 2013 in various Ontario localities including Toronto, Ottawa and at London Community Players in London. Its Western Canadian premiere was at Langara College's Studio 58 in 2014.[22]
The 2020 film Marlene tells the story of the Steven Truscott (Greg Bryk) case and how his wife Marlene Truscott (Kristin Booth) worked tirelessly to clear her husband's name by exposing lies, cover-ups, and police mishandling of the case.[23]
David Milgaard was a Canadian man who was wrongfully convicted for the 1969 rape and murder of nursing student Gail Miller in Saskatoon and imprisoned for 23 years. He was eventually released and exonerated. Up until his death, he lived in Alberta and was employed as a community support worker. Milgaard was also a public speaker who advocated for the wrongfully convicted and for all prisoners' rights.
Guy Paul Morin is a Canadian who was wrongly convicted of the October 1984 rape and murder of his nine-year-old next-door neighbour, Christine Jessop of Queensville, north of Toronto, Ontario. DNA testing led to a subsequent overturning of this verdict. On October 15, 2020, the Toronto Police Service announced a DNA match identifying Calvin Hoover as the one whose semen was recovered from Jessop’s underwear. Hoover killed himself in 2015.
Robert William Latimer is a Canadian canola and wheat farmer who was convicted of second-degree murder in the death of his daughter Tracy Lynn Latimer. This case caused a national controversy concerning the definition and ethics of euthanasia as well as the rights of people with disabilities, and resulted in two Supreme Court decisions, R. v. Latimer (1997), on section 10 of the Canadian Charter of Rights and Freedoms, and later R. v. Latimer (2001), concerning cruel and unusual punishments with reference to section 12 of the Charter. Latimer was released on day parole in March 2008 and was granted full parole in December 2010.
Reena Virk was a 14-year-old Canadian girl who was beaten and killed by a group of teenagers in Saanich, British Columbia, Canada. Her status as a victim of bullying prior to her murder attracted substantial media scrutiny in Canada. Six teenagers were tried and convicted for their participation in her death. The Globe and Mail commented at the time that her case was "elevated into a national tragedy." A pair of Canadian sociologists have described the case as a watershed moment for a "moral panic" over girl violence by the Canadian public in the late 1990s.
A miscarriage of justice occurs when an unfair outcome occurs in a criminal or civil proceeding, such as the conviction and punishment of a person for a crime they did not commit. Miscarriages are also known as wrongful convictions. Innocent people have sometimes ended up in prison for years before their conviction has eventually been overturned. They may be exonerated if new evidence comes to light or it is determined that the police or prosecutor committed some kind of misconduct at the original trial. In some jurisdictions this leads to the payment of compensation.
Hersh Wolch was a prominent Canadian lawyer, born in Winnipeg, Manitoba.
James Lockyer is a lawyer and a prominent social justice activist in Toronto, Canada. He is a founding director of the Association in Defence of the Wrongly Convicted (AIDWYC). He has been involved in exposing more than ten wrongful convictions in Canada, including the cases of Guy Paul Morin, David Milgaard, Clayton Johnson and Gregory Parsons. Several of these cases have become the subject of public inquiries.
Innocence Canada, is a Canadian, non-profit legal organization. Based in Toronto, Innocence Canada identifies, advocates for, and helps exonerate individuals who have been convicted of a serious crime which they did not commit and to preventing future wrongful convictions through education and justice system reform.
Steven Allan Avery is an American convicted murderer from Manitowoc County, Wisconsin, who had previously been wrongfully convicted in 1985 of sexual assault and attempted murder. After serving 18 years of a 32-year sentence, Avery was exonerated by DNA testing and released in 2003, only to be charged with murder two years later.
United States v Burns [2001] 1 S.C.R. 283, 2001 SCC 7, was a decision by the Supreme Court of Canada that found that extradition of individuals to countries in which they may face the death penalty is a breach of fundamental justice under section 7 of the Canadian Charter of Rights and Freedoms. The decision reached that conclusion by a discussion of evidence regarding the arbitrary nature of execution although the Court did not go so far as to say that execution was also unconstitutional under section 12 of the Charter, which forbids cruel and unusual punishments.
Oregon v. Guzek, 546 U.S. 517 (2006), was a decision by the Supreme Court of the United States, which ruled that the Eighth Amendment to the United States Constitution does not grant criminal defendants facing the death penalty the right to introduce new evidence of their innocence during sentencing that was not introduced during trial. Accordingly, states could constitutionally exclude such evidence from the sentencing phase of a capital trial.
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This is a list of notable overturned convictions in the United States.
The Trial of Steven Truscott is a book written by Isabel LeBourdais, published in 1966, on the trial and conviction of Steven Truscott for the murder of Lynne Harper in 1959. The book "attacked the rapid police investigation and trial, calling into question a justice system that many people then considered infallible." More information is available by reading the book Until You Are Dead.
Roméo Phillion was convicted of the 1967 murder of Ottawa firefighter Léopold Roy, after making a confession to police which he recanted two hours later.
Mr. Big is a covert investigation procedure used by undercover police to elicit confessions from suspects in cold cases. Police officers create a fictitious grey area or criminal organization and then seduce the suspect into joining it. They build a relationship with the suspect, gain their confidence, and then enlist their help in a succession of criminal acts for which they are paid. Once the suspect has become enmeshed in the criminal gang, they are persuaded to divulge information about their criminal history, usually as a prerequisite for being accepted as a member of the organization.
Michael Moldaver is a former Canadian judge. He was a puisne justice on the Supreme Court of Canada from his 2011 appointment by former Prime Minister Stephen Harper until his retirement in 2022. Before his elevation to the nation's top court, he served as a judge at the Ontario Superior Court of Justice and the Court of Appeal for Ontario for over 20 years. A former criminal lawyer, Moldaver is considered an expert in both Canadian criminal law and the Canadian Charter of Rights and Freedoms.
This is a list of notable overturned convictions in Canada.
The innocent prisoner's dilemma, or parole deal, is a detrimental effect of a legal system in which admission of guilt can result in reduced sentences or early parole. When an innocent person is wrongly convicted of a crime, legal systems which need the individual to admit guilt — as, for example, a prerequisite step leading to parole — punish an innocent person for their integrity, and reward a person lacking in integrity. There have been cases where innocent prisoners were given the choice between freedom, in exchange for claiming guilt, and remaining imprisoned and telling the truth. Individuals have died in prison rather than admit to crimes that they did not commit.
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