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Expert testifies Meika Jordan suffered brain injuries not consistent with fall down the stairs

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Brain injuries suffered by Meika Jordan before she died were not consistent with a fall down the stairs, a forensic pathologist testified in court Monday.

Dr. Christopher Milroy, a prosecution expert who reviewed Meika’s autopsy report and medical history, said the swelling on her brain would have taken hours to develop — a finding that contradicts the version of events offered by her father, Spencer Jordan, and stepmother, Marie Magoon, who said she had fallen down the stairs approximately 10 minutes before paramedics arrived at their home on Temple Drive N.E.

“That time gap would not account for these findings,” Milroy testified.

“It must be longer than that.”

Jordan, 29, and Magoon, 25, are charged with first-degree murder in the death of Meika, who died in hospital a day after paramedics found her unconscious and not breathing at the couple’s home on Nov. 13, 2011.

The medical examiner’s report determined Meika died of multiple blunt force trauma — a finding Milroy said he concurred with.

Milroy said he found “at least five significant impacts” to Meika’s head that could have been responsible for producing bleeding and swelling on her brain that led to the respiratory failure encountered by paramedics when they arrived to begin treatment.

In reviewing the autopsy findings, Milroy noted visible bruising to five places on Meika’s head: the centre of her forehead, the bridge of her nose, near one of her ears, the back of her scalp and an area on the other side of her head. Given how widespread the bruising was, it was unlikely to have come from the same blow, Milroy said.

Although Milroy was unable to tell Crown prosecutor Susan Pepper whether a single blow or a combination of impacts caused Meika’s death, he said the victim most likely sustained the fatal injury between eight hours and two hours before paramedics arrived.

As well, medical evidence showed the five blows to Meika’s head documented in the autopsy report likely occurred within hours of each other. The autopsy also turned up evidence of a depressed skull fracture, but Milroy said that injury was “considerably” older.

Court also heard Meika suffered significant trauma to her abdomen, which caused internal bleeding and tore her pancreas. The abdominal injuries may have contributed to the fatal swelling of Meika’s brain — or at the very least heightened the impact of the head trauma, said Milroy.

“This child was less able to sustain a head injury,” he said.

The trial continues before Justice Rosemary Nation, who is hearing the case without a jury.

jvanrassel@calgaryherald.com

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Crown says homicide victim was gunned down during drug deal

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When the cousin of homicide victim Philip Salviu Anny viewed a photo line-up of suspects, he identified the killer as Deng Lino Keror by circling his picture and writing, “my old friend.”

A three-week murder trial for Keror opened Monday with Crown prosecutor Matt Dalidowicz telling a six-man, six-woman jury that the accused shot Anny, 24, during a drug deal early on the morning of Sept. 30, 2012.

Keror, 23, has pleaded not guilty to second-degree murder in the killing of Anny, who was living in the southeast community of Applewood with his brother, Benjamin, and his cousin, Deng Majak. Dalidowicz told the jury Majak was a drug dealer who received a phone call from Keror minutes before the shooting.

“The accused wanted to buy crack and Mr. Majak was going to sell it to him,” he said.

Majak and Anny left the house together in Majak’s minivan to meet Keror and a fourth man whose identity has never been established.

While the group was parked at Applewood Drive and Appleside Close S.E., with Majak in the driver’s seat and Anny in the front passenger seat, Keror opened fire from the back seat, said Dalidowicz.

“During the transaction, the accused pulled out a gun and fired,” he told the jury.

Majak will testify he heard two shots as he ran from the van and heard more shooting in the distance as he fled, said Dalidowicz. The prosecutor conceded Majak is a drug dealer and “no saint,” but added forensic evidence that showed damage from two bullets inside the van is consistent with what the witness told police.

Majak went back to his home and told Anny’s brother, Benjamin, about the shooting. By the time they returned to the scene, police and paramedics had arrived and found Anny lying in the street. At that point, Majak approached officers and told them what happened, Dalidowicz said.

The Crown and defence agree Anny died of three gunshot wounds and Dalidowicz said evidence will show the shots were fired from the same nine-millimetre handgun — the central issue is whether Keror did it.

On that point, Dalidowicz said Majak identified Keror as the culprit without any hesitation.

“He has known the accused for years,” he said.

The trial continues Tuesday before Justice Beth Hughes.

jvanrassel@calgaryherald.com

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Memorial held for homeless Calgary artist

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When it came to art, Ryan Delve was “flowing and bursting with ideas and aspirations.”

He also wanted to give back to his community at the Calgary Drop-In and Rehab Centre. Two years ago, Delve and another Drop-In Centre client came up with the idea to clean up and beautify the underpass beneath the 5th Avenue flyover in East Village.

The pair started meeting weekly with local artist Mark Vazquez-McKay to come up with a plan for the space, which was known for being a dangerous area of the city. Last May, they finally painted their mural.

“He was funny, he would get so excited, he would sometimes almost turn into a child when he would start talking about art,” recalled Vazquez-McKay.

A little more than a year later, Delve was found dead just steps away from the mural, the victim of a homicide.

“The irony of the whole thing that he was trying to improve the space and he was a victim of the space as well,” said Vazquez-McKay, an instructor at the Alberta College of Art and Design.

Vazquez-McKay and others who knew Delve picked up where he left off, organizing a clean-up of the mural area on Sunday.

“I was going to leave some flowers here or something. But it was such a mess and smelly and uncared for, that I went and contacted Mark. And together we decided that this would be a suitable way to honour Ryan a this stage,” said Wendy Lees.

She and Vazquez-McKay helped organize the clean-up.

“It’s therapeutic for us. It’s really helpful, you know, because it’s really, it’s so sad,” she said.

The pair also run a drop-in art  program called “create! in the East Village.”

People honouring Delve used water from the Bow river to wash the mural and its walkway.

“It’s sort of symbolic that we’re taking water from the river to wash Ryan’s wall, because that’s where Ryan’s last days of his life were and that’s where he was found,” said create! member Gary White.

“The whole thing fits together that we’re making this wall sparkle and bright, just like he was. Cause he was a bright, bright person,” White said.

Though Delve was committed to his art, he still struggled with poverty, Vazquez-McKay said.

“When I did run into him between last year and this year, we’d see each other quite a bit just crossing paths,” he recalled.

“He was a complicated person. He had a lot of struggles, of course, as recovering addicts do, but he was trying really hard.”

Vazquez-McKay said he will remember his friend through his art.

“Art was something that [Ryan] grabbed onto,” he said.

“I see it as sort of his legacy.”

With files from Crystal Schick and Erika Stark

eradford@calgaryherald.com

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Man in custody in connection with slaying of Calgary mother

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A man has been taken into custody in connection with the slaying of a Calgary mother, whose body was discovered in Airdrie nearly two months after she disappeared.

Police say the 30-year-old man is being questioned, but his name will not be released unless charges are laid.

Jessica Rae Newman, 24, was last seen at her workplace on March 10. Police said her ex-boyfriend was supposed to drop her off at her Forest Lawn home around 9:30 p.m. that night.

The mother of three was due to appear in court the following day for a child custody hearing, but never showed up.

On May 4, around 4 p.m., a work crew discovered Newman’s body in a ditch near Range Road 285 and Township Road 264 east of Airdrie.

The manner of death was determined to be a homicide, but the cause of death has not been released.

In a news conference in May, police said they were looking at several persons of interest in the case.

Newman’s family launched an online fundraising page to help pay for funeral expenses, bills and the care of her young children.

Gunman in drug slaying to be released from prison

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The gunman in the killing of a Calgary drug dealer is getting out of prison, even though he wasn’t able to behave himself behind bars.

Justin Patrick Gittens is serving an eight-year, seven-month manslaughter sentence for his role in the killing of Ali Khamis during a botched robbery attempt in 2006.

Despite little evidence Gittens has taken any steps to rehabilitate himself, he will walk out of prison next Thursday on statutory release, which is mandated by law for federal offenders at the two-thirds mark of their sentences.

Lacking the authority to prevent Gittens from being released from prison, the Parole Board of Canada imposed conditions requiring him to abstain from drugs and alcohol, avoid known criminals and look for a job.

A brief, two-page review of Gittens’ file didn’t disclose where he’s incarcerated or provide any specifics about his record in prison, but notes “problematic institutional conduct” required him to be placed in solitary confinement and prompted a temporary transfer to a maximum-security institution.

“This shows that even in the restrictive and controlled prison setting, you are prone to impulsive behaviour and volatility,” read the review, dated June 24.

Gittens, 31, was one of three men who plotted to rob Khamis in a dispute over drug turf. According to evidence heard in court at Gittens’ trial, he was enlisted by drug dealer Cody William Bates and his friend, Jason Woods, to help rob Khamis. Bates had heard via Woods that Khamis planned to rob him and the men decided to strike first.

Woods set up a drug deal to lure Khamis to the parking lot of the Shawnessy Community Association on the night of June 6, 2006. Bates and Gittens, who was armed with a sawed-off shotgun given to him by Bates, confronted Khamis during the transaction. Gittens admitted to firing the gun, but said it discharged accidentally when he tried sliding it out of his coat sleeve.

With few exceptions, offenders not serving a life sentence are entitled by law to serve the final third of their term in the community, under supervision.

Statutory release is designed to ease the transition back into society, but the parole board can order an offender’s continued detention if they’re deemed too dangerous — however, that measure is relatively rare.

In Gittens’ case, the board said imposing conditions is necessary to keep him from re-offending until his sentence expires in 2018.

“These four special conditions are considered necessary by the board to be reasonable and necessary to effectively manage your risk, to protect society and to assist in your reintegration as a law-abiding citizen,” the parole board wrote.

Gittens and Woods were charged with manslaughter and both pleaded guilty. Woods received a six-year sentence for luring Khamis to his death. With credit for time served, Woods’ sentence expired in 2012.

Police charged Bates with first-degree murder but he pleaded guilty instead to manslaughter. Woods received an 8 1/2 year sentence and remains in prison.

jvanrassel@calgaryherald.com

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Residents of Pineridge raise crime concerns after latest homicide

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After waking up to gunshots Saturday morning, Lisa Parkins said she’s fed up with all the crime in her northeast Calgary neighbourhood.

And she is not alone.

“I’m packing as we speak,” Parkins warned after a shooting in Pineridge left a man dead and another in critical condition. “This isn’t the first time.”

Residents coming out of their homes Saturday morning were rattled by the sight of a dead man sitting in the driver’s seat of an SUV in the 5300 block of Rundlehorn Drive N.E. Pieces of glass from the broken driver’s side window could be seen scattered all over the road, as officers examined the scene.

Gail Vass said she used to live closer to the homicide scene. She had been too afraid to go out at night after witnessing several violent scenes, including someone getting jumped by a group of people.

“There is so much trouble here,” Vass said. “I just feel really sad for what’s going on.”

Coun. Ray Jones said he was aware of crime in the area, though he said much of the violence has been targeted, involving criminals who know each other.

“What I’m concerned about is if an innocent person gets harmed,” he said. “And I think everyone should be concerned about that because there could be a stray bullet or whatever and somebody innocent could be taken down.”

Jones, who has lived in nearby Rundle for 37 years, said he has no qualms about walking around his neighbourhood at night.

Still, the councillor noted police deployed 22 additional officers to a big swath of northeast Calgary that includes Pineridge and Rundle, in mid-March.

The area, Jones said, is “as safe as anywhere else in the city.”

Police said they are in the early stages of their investigation into the weekend shooting, with no identified suspects.

“At this point in time, there is no evidence to believe that the attack was random,” duty inspector Darren Leggatt told reporters.

Leggatt was unable to comment on whether the victims were known to police, how they were connected to each other and to the offenders, and what they were doing in the area at the time.

He said police don’t have any information to link the shooting with any other incident currently under investigation, but would continue looking into possible connections.

“These events are certainly more than just concerning — they’re very, very unsettling,” he added.

Manon, an area resident who didn’t want her last name published, was shaken by recent violence.

She said “it’s been non-stop” since she moved into the area two years ago, citing the shootings at a Co-op grocery store and at Mr. Schnapps Restaurant and Bar, which police have attributed to “friction” among criminal groups, as well as reports of a shooting and an assault on Friday as a few examples.

She was having a barbecue with friends until about 1 a.m. and went to bed about an hour later. At the time, the streets were quiet.

“Then I wake up this morning and there’s a dead body sitting in a car,” she said. “It’s a little close to home.”

Orange traffic cones encircled the back of the SUV, and sheets and tarps were draped over the windshield.

The driver’s side door was swung wide open and a pair of blue slippers were visible on the floor of the vehicle.

The body was later removed from the scene. An autopsy is scheduled for Monday morning.

cho@calgaryherald.com

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rsouthwick@calgaryherald.com

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Valley Ridge deaths not criminal, police say

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The deaths of a man and woman in the northwest community of Valley Ridge on Saturday were not criminal, Calgary police said Tuesday.

The announcement was made following autopsies on both bodies.

Police found the man and woman after responding to a check on welfare call at house in the 100 block of Valley Crest Close NW. Their initial investigation had led officers to suspect the deaths were suspicious.

The bodies were originally discovered by the mother of one of the deceased, who used a ladder to climb through a window after being unable to reach those inside.

Police say their investigation into the deaths has been completed.

emcintosh@calgaryherald.com

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RCMP investigating homicide in Crowsnest Pass

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The RCMP has determined foul play was involved in the death of a woman found dead in her Crowsnest Pass home.

The investigation began Wednesday, when police and paramedics responded to a call from a concerned neighbour and found Hannah Meketech, 69, dead inside her home in Coleman, 145 kilometres west of Lethbridge.

An autopsy determined that someone killed Meketech, but police are withholding her cause of death for investigative reasons. The RCMP is now in the process of trying to determine the comings and goings from Meketech’s home at 1421 81 St. in Coleman in the days leading up to her death.

Meanwhile, the RCMP’s major crime unit is also probing a death in central Alberta on Friday.

Police and paramedics in Olds, 95 kilometres north of Calgary, responded to a 911 call about an unresponsive man. When they arrived, the man was dead.

At this point, the man’s death is considered unexplained. The RCMP is awaiting the results of an autopsy sometime this week to determine if the case is a homicide.

jvanrassel@calgaryherald.com

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Charges pending in Lethbridge homicide

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Charges are pending after a man was found dead inside a north side Lethbridge home on Saturday.

Police found the body of 29-year-old Matthew James Flitton after responding to the 500 block of 19th Street North for a check on welfare request around 12:30 p.m.

Investigators say Flitton was the victim of a homicide.

Lethbridge Regional Police arrested an associate of Flitton’s at a south side home on Saturday night.

Charges were expected to be formalized Sunday night.

 estark@calgaryherald.com

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Accused denies he delivered any blows in fatal random beating three years ago

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Accused killer Garrett Smith testified Monday that he was at the scene of the fatal beating of John Fernando Herrera-Garcia in the Beltline district of southwest Calgary on the night of May 23, 2012, but did not participate in the assault.

Smith told his lawyer Willie deWit that he followed Jarod Henry and Chantelle Campbell from a friend’s car parked on 14th Avenue and 6th Street S.W., after the victim may have punched or kicked their car door, but he did not touch the man.

He said it was Henry who who ran up to the man, put a headlock on him then threw him to the ground. He said Campbell, whom he had met for the first time that day, started to kick Herrera Garcia, 49, about three times in the head, then Henry kicked him twice elsewhere on his body.

The victim was taken to hospital unconscious and never recovered. He died from his injuries on Sept. 12, 2012, nearly four months later. An autopsy showed he sustained four to five severe blows to the head.

Smith, 29, jointly on trial with Henry, 25, and Campbell, 30, for second-degree murder, said he had only followed them, stood near the victim’s feet and did  not touch him.

“I thought they were going to confront him,” Smith said. “I followed them, because I wanted to see if everything would be OK.

“Jarod came up to the guy, put him in a headlock, and threw him to the ground. (Herrera-Garcia) fell really hard to the ground, probably on his head. Chantelle was right up to him, and started kicking him in the face.They were strong soccer-type kicks. I was standing about five feet away, saw Jarod kick him a couple of times to the body. I was concentrating on what Chantelle did. I never touched him once.”

Smith testified that he, the other two accused, Chantelle’s brother Garnet Campbell and Shailey Sterling had been drinking at a bar and had gone to an apartment complex at 14th Avenue and 6th Street S.W. so Sterling could get her wallet from a friend’s home.

En route, he said, he called someone walking down the street  “goof,” a very derogatory name in criminal lingo. While Garnet and Shailey were in the apartment about 10 minutes later, he thought Herrera-Garcia confronted them in the car.

Smith said some blood found on the seam of his jeans seized from his home probably had come from sitting next to Campbell in the car following the beating.

Under cross-examination, Smith denied Campbell’s lawyer Patrick Flynn’s assertion that he was merely lying about his allegedly drunken involvement “to save his own skin.”

Smith said when he met Henry the next day and found out the allegedly random attack was on the news, he said Henry told him he hoped the victim was OK.

Smith told Henry’s lawyer Andre Ouellette that he had not been expecting any problem after he called the man on the street a goof, so he did not know if the man who later came to the window was the same person.

He agreed with the lawyer that the incident happened very quickly, perhaps between six and 10 seconds.

When asked if the alcohol may have affected his memory, Smith told Ouellette: “Some things are pretty clear, I remember what happened.”

He said there was nothing that happened at the scene to alert him about the seriousness of the incident and that he was in shock when he found out.

When Crown prosecutor Ken McCaffrey alleged that he was pretty much equally involved with the others in the beating, he said, “that’s not true.”

Henry is expected to testify on Tuesday.

dslade@calgaryherald.com

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Killer of Calgary teen granted parole, now faces deportation

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Roberto Guardado has spent most of his life in Canada in prison, but the killer’s life outside a penitentiary will likely begin with a one-way ticket to his native El Salvador.

Guardado, now 34, was granted full parole earlier this week following a hearing at Drumheller Institution, where he is serving a life sentence for killing 17-year-old Clayton McGloan during a Halloween party at a home in Coral Springs in 1998.

The decision means federal officials can carry out a deportation order obtained against Guardado as a result of his second-degree murder conviction for killing McGloan. Guardado told the parole board he has become a Christian while in prison and has arranged to live with a missionary group upon his return to his homeland.

“You showed insight and regret for your past lifestyle. You expressed remorse for the harm you caused. You showed a realistic view of your future, knowing that much has changed in the time you have been incarcerated and that there will be challenges as you adjust/reintegrate back into the community,” the Parole Board of Canada said in a written decision issued after Guardado’s hearing on Wednesday.

Guardado was 17 and his brother, Nelson, was 15 when they attacked McGloan as the victim confronted a group of party crashers. Nelson initiated the attack by smashing a bottle over McGloan’s head and Roberto stabbed him several times after a group chased him down.

Prosecutors successfully elevated the case to adult court, where Roberto Guardado received a mandatory life sentence for second-degree murder. Nelson, now 32, was convicted of manslaughter and was deported to El Salvador in 2007 after serving a five-year sentence.

Because Roberto was a youth at the time, his parole eligibility was reduced to seven years from the usual 10-year minimum for adult offenders. Roberto had been denied parole three times prior to his successful application this week.

“You obtained a high school diploma in 2013. You have also been involved with the church, employed at the chapel and worked at other institutional jobs,” the board wrote.

The Guardado brothers were subject to deportation because no one in the family became Canadian citizens after fleeing El Salvador’s bloody civil war in 1984.

The parole board documents noted Roberto has support from an unnamed “family member” in El Salvador about his release, but he has stated during previous hearings that he has contacted Nelson and arranged to reunite with him.

Guardado will be taken into custody by the Canada Border Services Agency upon his release — though the parole board noted he could be temporarily released in Canada if authorities need more time to obtain the travel documents necessary to carry out his deportation.

jvanrassel@calgaryherald.com

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Wife-killer 'Scary Larry' Murphy denied parole

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The killer who called himself “Scary Larry” will remain in prison after the Parole Board of Canada denied his application for early release.

Lawrence Edward Murphy was left disfigured and brain damaged from shooting himself in the head after he killed his common-law wife, Deena McLeod, inside their Temple home on July 18, 1996. McLeod’s teenage son was home at the time and heard the shots that killed his mother. The boy ran downstairs just as Murphy pressed the muzzle of a rifle under his chin and shot himself.

“At your hearing today, one of your victims spoke to the board about how ‘your actions and your words will haunt us for the rest of our lives’ and how your ‘choices were so terrible that they will ripple through generations and decades to come,'” the parole board wrote in a decision dated Oct. 29.

Murphy’s suicide bid after killing McLeod destroyed part of his jaw, mouth, nose, his right eye and part of frontal lobe of his brain. Surgeons used tissue from Murphy’s thigh to reconstruct his nose. His resulting appearance prompted Murphy to call himself “Scary Larry” while testifying at his murder trial.

Brain damage also left Murphy with no memory of the event, prompting his defence lawyer to argue the charge should be dropped because his client could not give a full defence. The strategy didn’t work and a judge convicted Murphy of second-degree murder and sentenced him to life with no chance of parole for 13 years.

At trial, court heard McLeod was planning to leave Murphy, who had been physically and verbally abusive over the course of their four-year relationship. The prosecution said Murphy treated McLeod, a well-liked receptionist at an industrial equipment supplier, as his “possession.”

During his time in prison, the parole board noted Murphy, now in his mid-50s, has become a mostly compliant prisoner who has completed courses for substance abuse and is enrolled in animal therapy. Although the decision document doesn’t specify Murphy’s location, it noted he has served much of his sentence at a “psychiatric facility” due to his mental health issues and physical needs. The documents were sent from the parole board’s office in Saskatoon, making it likely Murphy is serving time at the Regional Psychiatric Centre in that city.

Recent psychological and psychiatric assessments rated Murphy as a low risk to re-offend, but the board said his inability to control his emotions — a byproduct of his brain damage — remains a concern.

“Your file indicates that you present with nightly verbal outbursts (prolonged periods of yelling) and behaviours consistent with passive aggressiveness. You said today that sometimes you are aware you are doing this and other times, you are not aware,” wrote the parole board.

“You explained that these outbursts, your yelling, is directed toward staff and patients who have caused you anxiety during the day.”

jvanrassel@calgaryherald.com

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Nick Rasberry sentencing in manslaughter of neighbour Craig Kelloway set for Dec. 2

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Sentencing arguments for a Calgary man convicted last week of manslaughter in the stabbing death of his neighbour during a social visit at the offender’s Auburn Bay S.E. home two years ago are scheduled for Dec. 2 before Justice Robert Hall.

Court of Queen’s Bench Justice Suzanne Bensler set the sentencing date in criminal appearance court on Friday at the direction of defence lawyers Hersh Wolch and Gavin Wolch, Crown prosecutors Todd Buziak and Matthew Block.

Nick Rasberry, 32, had faced a charge of second-degree murder, but Hall determined there was an element of provocation that reduced the culpability to manslaughter.

This photo, taken on May 4, 2013, shows Craig Kelloway, left, and his neighbour Nicholas Rasberry, sometime before Kelloway was fatally stabbed that evening.

This photo, taken on May 4, 2013, shows Craig Kelloway, left, and his neighbour Nicholas Rasberry, sometime before Kelloway was fatally stabbed that evening.

Rasberry told a 911 operator on May 4, 2013, and a city police detective the next day that he was suddenly provoked and attacked by Kelloway, 31, a junior high school teacher whom he claimed was going to rape him and his wife was next.

The alleged confrontation in which Kelloway was stabbed 37 times, Rasberry said, occurred following a cordial first social get-together between the new neighbours in the southwest Calgary community.

The judge said his story was not disproved by the Crown, but went far beyond self-defence.

Kelloway sustained wounds to the lungs, aorta, jugular, small intestines and ribs, with a total of three knives.

Hall said while self-defence may have been the initial response, the final tally of 23 stab wounds and 14 incised wounds was “so far out of proportion.”

Rasberry, 32, an engineer by trade, faces anywhere from no jail up to a life sentence, but more than likely it will be less than 10 years in prison.

Rasberry had told both the 911 operator and city police Det. Trish Allen the next afternoon repeatedly that he was defending himself from a potentially violent sexual attack by a man whose blood alcohol proved to be .30 – nearly four times the maximum driving limit in Alberta.

Related

Court heard Kelloway, his girlfriend and a fellow teacher had gathered for a barbecue that day at his home and invited the Rasberrys to join them.

Following dinner, they were invited to Rasberry‘s home and they continued drinking alcohol. It was there that the stabbing occurred.

dslade@calgaryherald.com

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Man found in northwest Calgary alley was shot, investigators reveal

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A man found dead in a northwest Calgary may have been killed up to 12 hours before a passerby found his body.

Homicide investigators are still trying to piece together the final hours of Colin Ernest Munroe, 37, who was shot dead sometime before he was spotted lying in an alley behind the 400 block of Hendon Drive N.W. at about 9 a.m. on Sunday.

Staff Sgt. Colin Chisholm with the Calgary Police Service's homicide unit updates the media on the murder of a man in alley in Highland Park last weekend.

Staff Sgt. Colin Chisholm with the Calgary Police Service’s homicide unit updates the media on the murder of a man in alley in Highland Park last weekend.

“He did not live nearby,” said Staff Sgt. Colin Chisholm of the homicide unit.

“It was somebody … in the area out for a walk that discovered the body.”

Chisholm wouldn’t specify whether Munroe was killed in the alley or shot at another location and taken there, saying those details form part of the investigation.

Investigators are probing whether Munroe’s killing stemmed from a drug deal. Although Munroe had previous links to organized crime, Chisholm said police don’t believe his killing is tied to a current spate of drug-related gun violence in the city.

A police mug shot of Colin Ernest Munroe. His body was found in an alleyway in the 400 block of Hendon Drive N.W. on Sunday, Nov. 15.

A police mug shot of Colin Ernest Munroe. His body was found in an alleyway in the 400 block of Hendon Drive N.W. on Sunday, Nov. 15.

Court records showed Munroe was charged in January with possession of methamphetamine for the purpose of trafficking and possession of property obtained by crime — an unspecified amount of cash under $5,000. He was also charged with fraud over $5,000 and forgery in 2014 for allegedly trying to cash a bogus cheque at Money Mart.

In 2010, police laid 23 charges against Munroe, including five counts of robbery, breaking and entering and weapons offences. According to court records, the charges were stayed in 2013.

Munroe’s killing is Calgary’s 30th confirmed homicide of 2015.

jvanrassel@calgaryherald.com

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Police, family looking for witnesses in September stabbing

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Calgary police and the family of Frank Burton are appealing for witnesses to the fatal stabbing of the 56-year-old in northwest Calgary.

Around 9 a.m. on Sept. 30, a woman and her child saw a man being attacked on Centre Street N. and 40 Avenue N.W. during the morning rush hour.

“They witnessed the attack,” said Staff Sgt. Doug Andrus from the homicide unit. He said the woman took her child to safety at a nearby Tim Hortons and called police.

Calgary police released this Google Street View image of a house at Centre Street N. near 40th Ave. The area around the side entrance of this house is believed to be the location where Frank Burton, 56, was slain.

Calgary police released this Google Street View image of a house at Centre Street N. near 40th Ave. The area around the side entrance of this house is believed to be the location where Frank Burton, 56, was slain.

Officers responded and found Burton with multiple stab wounds. He was transported to hospital where he later died from his injuries.

Investigators have since determined the attack took place at the side entrance of a white and pink house in the 4200 block of Centre Street N. in Highland Park. Police say the attack would have been visible from the street, and the road would have been busy with traffic at the time.

Burton was prone to loud outbursts and offensive comments as a result of a mental illness, according to police. It’s believed his medical condition played a role in his death.

Eric Burton, Frank’s brother who lives in Camrose, urged people come forward to help with the investigation.

“Frank growing up was a very athletic, fun-loving young man,” he said. “Anything Frank touched turned to gold. Whether it would be mechanically, automotive, he would turn whatever was wrong into something that he could fix. He was one of those guys that created friends in an instant.”

Frank Burton was the eldest of four children growing up on a farm in Newfoundland.

Bailey Hildebrand , Calgary Herald CALGARY, AB: DECEMBER 03, 2015 - Eric Burton and his wife Karen Burton, brother and sister-in-law of homicide victim Frank Burton, were photographed outside Calgary Police Service headquarters Thursday December 3, 2015. (Bailey Hildebrand /Calgary Herald) (For City section story by Bailey Hildebrand) Trax#

Frank Burton’s brother Eric and his sister-in-law Karen, are hoping witnesses will come forward and help police determine what happened the morning Frank was found with multiple stab wounds.

“I just want it known that Frank had a brother. He did have a family.”

Andrus said police have diligently been searching the neighbourhood for answers. Officers, however, have not recovered a weapon.

“Our investigators went out on the same day of the week at 9 a.m., and they canvassed commuters at bus stops along Centre Street to see if they had witnessed anything in their daily commute,” Andrus said.

Investigators have spoken with seven of the eight people living in the residence at the time. Police say the eighth resident does not match the suspect description.

Witnesses describe the suspect as a man about 5 feet 10 inches tall, with dark skin and a stocky build. At the time of the attack, he was wearing a grey hoodie.


Murder Under the Microscope: How we did it

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Numbers don’t lie — but they don’t tell the whole story, either.

The Herald has taken a deep look at the issue of homicide by building a statistical database of every confirmed homicide investigated by the Calgary Police Service from 1990 until today. The database includes information on the locations of more than 500 homicides and lists the key details of each case, gleaned from our archives, police statistics and court records. We’ve also produced stories, videos, and interactive graphics that attempt to explain the overall trends that have emerged since 1990 and to demonstrate the impact homicide has on the families of the victims and the community as a whole.

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But for statistics to be meaningful, they have to be the product of sound and transparent methodology. It’s important for us to share how we arrived at the numbers cited in our map, articles, graphics and video.

Homicide statistics change, sometimes years after the fact. With new evidence, cases that weren’t initially considered suspicious can be ruled homicides several years later. We compared annual totals from our archives with police statistics — and in years we found differences, we went through them case-by-case with help from CPS to ensure we didn’t overlook any cases or include ones that no longer belonged.

We believe the result is the most up-to-date, exhaustive list possible — but it’s also necessary to point out it’s not official: our annual homicide totals occasionally differ from those provided by authorities. For example, Statistics Canada decided in recent years to stop counting non-culpable homicides (cases where a killer wasn’t charged because they were acting in self-defence) in future tallies while leaving previous cases on the books. We decided to leave all non-culpable homicides in our count for consistency’s sake; we also believe that, even though the killings weren’t considered criminal, as violent deaths they warranted inclusion.

Two additional statistical footnotes:

  • Graphics comparing Calgary’s homicide rate with other cities differ slightly from the homicide rate we’ve cited elsewhere. While our reportage looks strictly at cases investigated by the Calgary Police Service and uses civic census data, Statistics Canada’s comparison between cities uses Census Metropolitan Area (CMA) data that includes surrounding communities. We left CMA numbers for Calgary in the graphics using Statistics Canada data to preserve an “apples-to-apples” comparison.
  • The total number of homicides at time of this publication is 508; the numbers cited in our stories, graphics and video are based on statistics up to Oct. 31, 2015, when the total was 505.

While it was necessary to cut off the database at Oct. 31 to give us time to analyze the data and build the map, we intend it to be an ongoing resource. We will update the map when new homicides occur and when additional information about existing cases comes to light.

Likewise, it’s our intention to periodically examine the data we’ve compiled, looking for additional trends and issues to explore. We also encourage you to explore the data.

The stories this week focused on female offenders aren’t the last word. Rather, they’re a beginning.

jvanrassel@calgaryherald.com

twitter.com/JasonvanRassel

Murder Under the Microscope: Examine data of Calgary homicides

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murder_headline

To better understand homicide in Calgary, the Herald compiled a database of every killing in the city since 1990. That data drove these examinations. More information about how we compiled this data is available here.

Tracking homicides by location

This map plots all 505 killings in Calgary since 1990 based on their location. Tap a point to read details on the homicide. Map points with numbers indicate multiple killings at a single location. Note that some locations are approximated.


Homicide touches all parts of the city

Tap the play/pause button to see the location of murders arranged chronologically.


Homicide by gender

Click and drag the slider at the right to compare the number of killings of men and women.


 


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'You can't run from what happened': How one victim's family still struggles with fallout of homicide

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In the months after their daughter’s brutal murder, Howard and Jean Thompson moved away from Calgary. But after a few years, they discovered no amount of distance would allow them to escape the memories.

A sexual sadist named Kelly Lackey killed the Thompsons’ 18-year-old daughter, Tammy, and repeatedly raped her friend while holding them captive in his family’s northeast Calgary home in Aug. 1990.

“The main factor of getting out of town was because of what happened,” Jean said in a recent interview.

The Thompsons spent five years away, first in Whitecourt, then in Hanna, before deciding to return to Calgary, where they have remained since.

“We came back home, where we belong. You can’t run from what happened,” said Jean.

The Thompsons’ experience is a common one among families of homicide victims — one that is shared with dozens of families in the years since 1990, a period when 505 people have been killed on Calgary streets, according to a database compiled by the Herald.

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“It’s not something you ever expect to happen to your family. You expect it to happen to other people,” Howard said.

Tammy had just graduated from James Fowler high school two months before she was killed and was doing secretarial work with a temporary placement agency. When the Thompsons remember their daughter, they think not only about who she was, but contemplate who she never got to be.

“She was a very happy child. Loving, caring and she loved animals and people,” Jean said.

“You wonder what she’d look like now, what she’d be doing, how many kids she’d have.”

Thompson and her friend were out for a walk when they met Lackey on the street near his home in Whitehorn. Lackey, whose parents were out of town on vacation, invited the girls to his house — but shortly after they arrived, he produced a knife and shackled them together with handcuffs in a basement bedroom. Lackey raped Thompson’s friend before taking Thompson to an upstairs bathroom, where he strangled and stabbed her.

Lackey held Thompson’s friend captive until the next day, when his sister visited the house with her young son. Lackey tied up his sister and nephew and drove Thompson’s friend to the city’s northwest and let her go. The woman called police, as did Lackey’s sister, after she managed to free herself.

In a recorded confession after his arrest, Lackey told a homicide investigator he had been planning to rape and kill two women while his parents were on vacation. At his subsequent first-degree murder trial, a forensic psychiatrist who testified for the Crown said Lackey was a sexual sadist and was not suffering from any mental disorders that impaired his intent to kill. A jury convicted Lackey and he is serving a life sentence with no chance of parole for 25 years.

As much as the Thompsons have tried to go on living, both said the possibility Lackey will apply for parole isn’t far from their minds.

“I don’t want to see that guy ever get out of jail,” Howard said.

“We’re serving a lifetime,” said Jean, adding they both believe Lackey is still dangerous.

“I don’t want to see another family go through what we did.”

jvanrassel@calgaryherald.com

twitter.com/JasonvanRassel

505 killings, 25 years: What our analysis says about Calgary

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No matter where she lives, Carys Cragg always puts her mattress on the floor, without any frame or legs.

It has been 23 years since an intruder broke into her family’s northwest Calgary home and killed her father, and while Cragg has grown into an accomplished adult, the emotional scars she’s carried since age 11 will never completely heal.

“I’ve always had my bed on the ground, because I’m quite literally afraid of someone underneath getting me. My friends will laugh, but it’s a very valid concern: someone has come into my house and killed my father. This is a logical extension,” said Cragg, who lives in Vancouver.

A drug-addicted petty criminal named Sheldon Klatt killed Dr. Geoffrey Cragg after breaking into the family’s house on Ulrich Road N.W. during the early hours of Sept. 16, 1992. Klatt stabbed Cragg after he got out of bed to investigate the noise.

Carys Cragg and her mother, Marion Haythorne. Carys is the daughter and Marion is the widow of Dr. Geoffrey Cragg, who was killed in the family's Calgary home in 1992.

Carys Cragg and her mother, Marion Haythorne. Carys is the daughter and Marion is the widow of Dr. Geoffrey Cragg, who was killed in the family’s Calgary home in 1992.

Klatt was convicted of second-degree murder and handed a life sentence with no chance of parole for 25 years, but the conclusion of the trial didn’t end the trauma for Cragg’s widow and four children.

“A certain level of anxiety is never gone from any of us. It’s constantly there, even though, for all intents and purposes, our lives look just fine,” said Marion Haythorne, who moved the family to Vancouver in 1993 and later remarried.

The sense of loss has never gone away — and it’s felt at every happy family milestone Dr. Cragg never lived to see — but Carys said it changed her family in unexpected, and even positive, ways.

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“We’ve all kind of established our own relationship with our dad in death, which I think makes us stronger and more empathetic people,” she said, adding her father’s murder shaped her decision to pursue careers working with at-risk youth and in social justice fields.

“I’m pretty sure I would have been an interior designer if my dad didn’t die — and I’m not, and I’m fine with that.”

The Craggs’ experience of profound loss combined with bittersweet revelation makes their story a singular one, but they are among many Calgary families touched by the ultimate crime — homicide — during the past quarter century. A database compiled by the Herald of every homicide in the city since 1990 lists 505 people from all walks of life who had their lives violently taken, and whose deaths left others to grieve in the immediate aftermath and carry that burden in years to come.

“It becomes an exponential experience of loss when someone’s removed from your family,” said Cragg.

Beyond the families, friends and loved ones of the victims, homicide is a crime that tears at the fabric of a community. When violence occurs down the street, people wonder if they are safe — a question Calgarians are frequently asking in 2015, as the 31 confirmed homicides so far this year approach an all-time high for the city.

Staff Sgt. Colin Chisholm with the Calgary Police Service's homicide unit.

Staff Sgt. Colin Chisholm with the Calgary Police Service’s homicide unit.

“When a homicide occurs in a community, I believe people, for a good cause, are concerned. And the cumulative effect of homicide after homicide, it does have an impact on the public in general and their overall view of safety in the community,” said Staff Sgt. Colin Chisholm of the Calgary police homicide unit.

Any number of homicides is a concern — particularly in a year when the number of victims is among the highest in the city’s history — but taken in context, the truth is less alarming than it initially appears.

The number of homicides in Calgary has been trending upward over the years, but so has the city’s population. However, the city’s homicide rate — the number of people killed per capita — has fluctuated over the years and is currently below historic highs.

Using statistics from the Herald’s database and the municipal census, the homicide rate for 2014, when there were 32 reported killings, was 2.68 per 100,000 people. But in 1992, the city recorded 31 homicides at a time when the population was just over 717,000, for a rate of 4.32 homicides per 100,000 people — the highest it has been in the past quarter century.

During the period studied by the Herald, the homicide rate has risen and fallen around a median of 2.15 per 100,000. In 2008, with a war between the FOB and FOB Killers gangs at its height, the city had a record number of homicides — 34 — but the rate worked out to 3.26 per 100,000. As recently as 2011, the homicide rate ebbed to 1 per 100,000, with 11 homicides that year.

2014 homicide rate by city, comparing Calgary to Canadian and American cities.

Gang violence has been responsible for many of the homicides this year, and the spike of shooting deaths associated with it always raises the risk a bystander will be killed or injured along with (or instead of) the intended target. But even with that troubling caveat, Chisholm contends Calgary remains a safe city.

“People who aren’t involved in that world, really for the most part, don’t have to be worried,” he said. “We’re obviously alive to the fact that some of these situations don’t happen in isolation and we’re always fearful for the possibility that someone innocent comes into harm’s way.”

While some crime trends, such as gang-related homicides, have fluctuated, others have remained constant since 1990. Most victims are men: just over 70 per cent. Likewise, men make up the majority of perpetrators or suspects: males were identified as the killer or accused of the crime in 89 per cent of cases considered solved.

Cleared homicide cases, in which police have laid charges or identified the perpetrator through other means, also show the majority of homicides occurred between people who knew each other. Random killings, such as the rape and murder of Arcelie Laoagan as she walked from a northeast Calgary LRT station in 2008, are rare, which is why people remember them so many years later.

“Very few homicides fall into the predatory category,” said Patrick Baillie, a Calgary forensic psychologist.

That should allay the fears of rattled neighbours when a killing happens nearby. Chances are, the crime happened between people who knew each other, under a specific set of circumstances that mixed to create a violent situation.

“There must have been, on an internal level, something that this person was thinking about or reacting to emotionally … that allowed the individual to cross the line and do something that has very obvious legal consequences.”

Those kinds of situations can often be unpredictable, but police and the social service sector have expended considerable effort over the years to intervene in conflicts before they escalate to violence or turn deadly. Specialized teams of police officers and social workers refer troubled families to counselling and other resources, while the domestic conflict unit handles higher risk cases, laying charges against the perpetrators and providing protection to victims. A specialized domestic violence court aims to curb relapses by referring some offenders to treatment.

Number of killings in Calgary’s quadrants since 1990

Number of murders in each quadrant in Calgary since 1990.

 

Despite the considerable evolution in how police and their social agency partners respond to domestic violence, it remains a persistent problem. In the past five years, 16 per cent of cases where the motive is known involve a spouse, intimate partner or former partner who committed the crime or is accused of it — though the current rate is lower than in the 1990s, when domestic homicides made up more than 20 per cent of the total.

“The domestic conflict unit is absolutely crucial in stemming violence (before) it gets to a point where it leads to homicide. Yes, there are situations that end up in homicide, but without the domestic conflict unit, there would be a lot more,” Chisholm said.

For many homicide victims, the home was a dangerous place. For some, however, the streets proved deadly. As in other parts of the country, vulnerable women have disappeared from the streets and been killed. Many were addicted to drugs and sold sex to feed that addiction or to survive. Living on the streets likely made them targets of predators and has also made it more difficult to bring their killers to justice.

While Calgary police have cleared 82 per cent of the homicides that have occurred since 1990, authorities have not convicted anyone in the killings of several women who disappeared from city streets between 1990 and 1993 and whose bodies were later found in remote areas.

Joanne Laura Shaver, Jennifer Janz, Anna Louise Evans and Rebecca Boutilier are among the 505 homicides investigated by Calgary police between 1990 and Oct. 31 this year, but they represent only a part of the grim tally. Four more women — Shawna Van Der Basch, Jennifer Joyes, Tracey Lynn Maunder and Keely Pincott — also disappeared from Calgary under similar circumstances and were killed, but their bodies were found outside city limits. Their cases are being investigated by the RCMP and therefore aren’t included in the Herald’s database.

The similarities between the cases — including when they happened, the women involved and where the victims were left — means both police forces have to keep an open mind and work together to find their killers, said Staff Sgt. Murray Marcichiw of the RCMP’s historic homicide team.

In other parts of the country, a lack of co-operation between police forces, along with discriminatory attitudes toward aboriginals and street women who went missing, caused predators to go undetected for years — most noticeably in B.C.’s Lower Mainland, where Robert Pickton was convicted of murdering six women, but was charged with killing 26 and is widely considered responsible for many more homicides.

“We’ve learned through experience we need to be more vigilant and put more resources at the front end of missing persons cases,” Marcichiw said.

(Since the Herald completed its statistical analysis on Oct. 31, there have been three more confirmed homicides in Calgary, bringing the total number of cases since 1990 to 508.)

jvanrassel@calgaryherald.com

twitter.com/JasonvanRassel

Mothers who kill their children still confound society

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It’s the kind of case a veteran homicide investigator never forgets: the decomposing body of 15-month-old Domenic Brown, lying on his back on the bedroom floor of a barren inner-city apartment.

Domenic, along with his infant sister Gemini, died when their mother, Rie Fujii, left them to starve while she partied with a boyfriend in Cochrane for 10 days during the spring of 2001.

Police initially charged Fujii with two counts of second-degree murder, but she pleaded guilty instead to manslaughter and received an eight-year sentence.

Rei Fujii pleaded guilty to manslaughter after she left her two young children to starve to death while she partied with friends.

Rie Fujii pleaded guilty to manslaughter after she left her two young children to starve to death while she partied with friends.

To retired homicide investigator George Rocks, Fujii took the easy way out: by pleading guilty, she avoided a potential life sentence and cleared the way for deportation back to Japan after serving only a portion of the eight-year term in Canada.

“It stuck in everybody’s craw. We saw the body,” said Rocks, who was a staff sergeant in charge of the homicide unit at the time.

“I still find it offensive, what she did. It’s the babies that come up when I think of it. You remember the kids. You feel for them.”

Crimes against children have always sparked revulsion. But when the perpetrator is the child’s mother, public reaction is even more visceral.

“It violates an archetype, the archetype of the mother bear. That archetype is based on some reality, that most mothers will put themselves in harm’s way for their children,” said Dr. Thomas Dalby, a Calgary forensic psychologist who has assessed at least 20 women who have killed their children.

Mothers who kill their children are not only confounding, they’re rare. A Calgary Herald database of every homicide in the city going back to 1990 shows there have been 12 mothers who killed one or more of their children or were accused of the crime. The 16 child victims in those cases make up roughly three per cent of all homicide victims over the same period.

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Filicide — the killing of a child by a parent — is unusual in another way: it is one of the few crimes committed in relatively equal numbers by men and women. The pattern has held true in Calgary where, since 1990, 10 fathers have been either charged or convicted of killing one or more of their children.

Yet the Herald’s statistics show key differences in the outcomes — of the eight mothers who stood trial for murder none were convicted of the charge: every case resulted in a conviction on a lesser charge, such as manslaughter or infanticide, or a finding of not criminally responsible due to a mental disorder.

The only exception is Marie Magoon, who was recently convicted of second-degree murder in the death of her six-year-old stepdaughter, Meika Dawn Jordan, in 2011. Magoon and the girl’s biological father, Spencer Jordan, inflicted prolonged abuse on Meika over a weekend.

The number of fathers who have stood trial for murdering their children is much smaller — mainly because two men killed themselves afterwards — but all three whose cases have concluded ended up being convicted of either first- or second-degree murder, including Jordan.

The different outcomes raises a question about whether courts have a lower standard of accountability for killer mothers.

But Dalby says that in many of the women’s cases, there were mitigating factors such as mental illness or a personality disorder. Often times, there were other issues as well such as financial stresses, isolation and abusive relationships.

Hideio and Tomoklo Fujii, the parents of Rie Fujii, attend her trial in Calgary in 2001.

Hideio and Tomoklo Fujii, the parents of Rie Fujii, attend her trial in Calgary in 2001.

“Many have personality disorders, some really don’t, and I’ve seen a few who are flat-out psychotic and they had a full defence,” he said. “… motives are complex. There’s never one single motive that explains human behaviour.”

Rocks remains unconvinced that applies in Fujii’s case.

“The kids were an inconvenience to her and she made a decision: the kids aren’t going to stop me from having my fun,” Rocks said.

Fujii came to Canada on a student visa in 1997, when she was 19. She abandoned her studies a year later after meeting Peter Brown. During their stormy, and often abusive, three-year relationship they had two children together. Fujii kept them a secret from her parents.

When Brown was physically and verbally abusive, she checked into women’s shelters and the Children’s Cottage, which provides emergency, short-term child care. Evidence in court detailed several occasions when Fujii told shelter staff she loved her children, but she was feeling depressed and overwhelmed.

But Fujii’s behaviour toward the children and things she said displayed a different attitude. Friends told authorities that Fujii had said she wished the children were dead. She never said that to shelter workers, but several noticed she didn’t display any affection toward Domenic and Gemini.

Back at her apartment, Fujii began leaving the children. She left them alone while she drank and partied with friends. When she began a relationship with another man, she left them to spend nights with him at motels. The final time she left them, in May 2001, she was gone for 10 days.

“She knows what’s happening at home: the babies are starving,” Rocks said.

Rocks felt Fujii had to have known leaving her children unattended for 10 days would kill them — an assertion, had it been proven, would have resulted in convictions for murder. By pleading guilty to manslaughter, Fujii admitted to killing Domenic and Gemini, but that it was unintentional.

Two defence experts who assessed Fujii, including Dalby, said she suffered from a personality disorder that allowed her to deceive herself into thinking the children could survive without her. It also meant she had unstable moods, behaviour and relationships.

Fujii’s lawyer Robert Batting said a combination of negative factors brought out Fujii’s personality disorder and allowed her deceitful behaviour to go unchecked.

“Ms. Fujii’s social network was predominantly street people. None of her friends extended a hand of support or seemed to recognize she was in crisis,” said Batting.

“She had been living in Canada illegally (and) her status led to a reluctance to seek government-funded assistance. She eventually did seek assistance and she and her children stayed at various women’s shelters. It was my opinion that her plight was not recognized by the staff.”

Despite his diagnosis, Dalby said police and prosecutors weren’t wrong in believing that Fujii acted selfishly.

“Part of it is that she just didn’t care,” Dalby said.

Fujii’s case shows a lot of the hallmarks of maternal filicide, according to a review of research published in the Journal of the American Academy of Psychiatry and the Law.

Psychosocial stressors include “being the primary caregiver for at least one child, unemployment/financial problems, ongoing abusive adult relationships, conflict with family members and limited social support. Social isolation has also been noted as a factor common in women who killed their children, as has a history of child abuse,” Dominique Bourget, a forensic psychiatrist and associate professor at the University of Ottawa, wrote with two co-authors in 2007.

The researchers also noted that parents, both men and women, who kill their children often have personality disorders, such as Fujii.

“It can explain things, why they do something, but it’s not a legal defence,” Dalby said.

In cases involving severe mental illness, courts can find the accused not criminally responsible (NCR), which puts the defendant under the jurisdiction of mental health review boards which can order treatment and confinement at secure psychiatric hospitals.

The legal threshold for NCR is high, with the Criminal Code stating a person must be so ill that they’re incapable of understanding their actions were wrong. Since 1990, only 12 Calgary homicide cases have ended in NCR findings — and just two involved mothers. The most recent was in 1998, when Liza Santos strangled her infant son, Samuel. A judge ruled Santos not criminally responsible after a Crown expert said the woman was suffering from postpartum psychosis. Santos believed she had to kill her son to protect him from an evil woman who appeared in a bathroom mirror.

Forensic psychologist Dr. Thomas Dalby says

Forensic psychologist Dr. Thomas Dalby says mothers who kill are often suffering mental-health issues.

Mothers who kill their newborn babies can fall under another part of the law. The charge of infanticide was put into the Criminal Code in 1948 and the language reflects those times, saying a woman guilty of infanticide suffered a disturbed mind as a result of not being fully recovered from the effects of childbirth or lactation.

While the wording is outdated, Darby argues the charge itself is still relevant as it balances legal guilt with diminished moral culpability.

“Is childbirth a mental disorder? No it’s not, but it could lead to depression and it could lead to real, genuine mental health disorders.”

The maximum sentence for infanticide is five years, far less than the mandatory life sentence and a minimum of 10 years behind bars that comes with a second-degree murder conviction.

“The idea to look at each case individually is what the criminal justice system is supposed to be doing — and (infanticide) falls in line with that,” Dalby said.

Some times, it’s not mental illness but religious and cultural stresses together with depression and isolation that lead to women killing their children.

No one will ever known exactly why Harsimrat Kahlon killed her three newborns but her diaries show a woman full of shame and fear with little family support in Canada.

Harsimarat Kahlon

Harsimarat Kahlon’s diaries showed her life was full of fear and shame, with little family support in Canada. After her death, the remains of three babies were found in her home.

Kahlon, 27, died in her northeast Calgary home in October 2009 from complications of childbirth. While sorting through her things, Kahlon’s boyfriend found the decomposed body of an infant girl hidden in a suitcase. The medical examiner subsequently found two more babies — a boy and a girl. All three infants had been wrapped in layers of bloody towels and in plastic bags to conceal the smell of decomposition.

One girl had been born at the Peter Lougheed Centre in 2005. The birth record didn’t name the father, though DNA testing ruled out Kahlon’s current boyfriend. Investigators believe Kahlon killed the girl shortly after taking her home, but her body was too badly decomposed to determine cause of death.

Kahlon’s boyfriend was the father of the other girl and the boy, but he was unaware of their existence. The couple lived separately during their three-year relationship and it’s believed Kahlon secretly gave birth at home before killing the newborns and hiding their bodies. They were also too decomposed to determine how they died.

To bring closure to the family and community, Dalby and investigators pieced the details together through interviews with Kahlon’s family, friends and co-workers, and by examining diaries she wrote in Urdu, Hindi and Punjabi.

“To the police, this was something that happened in the community. (They thought) we needed an answer to tell people. We’re not just going to cover it up,” said Dalby.

He said the diaries made it clear Kahlon feared the reaction of her family, some of whom lived in Canada and others, including her mother, who remained in India. She wrote of feeling worthless, depressed and even suicidal.

“We talked to her family and they said that child, those children, would have been welcomed. But her thoughts were, ‘I’m an unmarried woman,’ ” said Dalby.

“She thought the stakes were high here and she simply didn’t want to go the route of exposure.”

In the end, investigators could only guess what Kahlon did to her children and why. Her actions were unspeakable, but Dalby said that didn’t mean Kahlon didn’t have genuine remorse.

“She thought about those children. There was really evidence of her thinking about those children,” he said, adding she wrote at one point: “One day, they will stop crying.”

In their review of research on the topic, Bourget and her co-authors found that children are most at risk of being killed by their mother within the first year of life.

Between 8 and 12 per cent of mothers experience some degree of postpartum depression — and for the majority it is treatable and transient condition. In Alberta, public health nurses contact new mothers within eight weeks of giving birth to conduct an assessment.

“We’ll look at how she’s coping, from her personal history to how she’s adjusting to motherhood and what her family situation is,” said Marilyn Young, program manager of prenatal and postnatal services for Alberta Health Services.

A woman who is struggling financially or with caring for a newborn — factors that can lead to depression — might be referred back to her doctor and put in touch with agencies that can help, Young said. Someone talking about harming themselves or their baby will need more urgent intervention, like hospitalization.

But in their article, Bourget and her co-authors acknowledge that few women who kill their babies seek any help.

In Kahlon’s case, she rebuffed the nurse’s followup visit after the first baby was born and kept the other two pregnancies secret. Meredith Borowiec, convicted of infanticide for throwing two newborns in the trash after secretly giving birth at home in 2008 and 2009, also concealed her pregnancies.

Like the others, Stacey Joy Bourdeaux never confided her darkest secrets to anyone. She smothered her 10-month-old son, Sean Fewer, with a pillow in 2004 — but the crime only came to light in 2010, after she tried to kill her five-year-old son.

FACEBOOK, Calgary Herald CALGARY, AB: August 27, 2010 - Facebook profile pic of Stacey Bourdeaux. Courtesy, FACEBOOK, Calgary Herald (For City section story by Facebook)

Stacey Bourdeaux pleaded guilty to manslaughter for killing her son Sean. She smothered the infant with a pillow in what she said was an attempt to quiet his crying.

Sean’s death was originally deemed medical, but investigators probing Bourdeaux’s assault on the older boy — which left him with irreparable brain damage — found a confession she wrote to her recently deceased husband in a diary.

“Dear Ted. Now that you are gone, I can confess about Sean,” she wrote. “That night that (Sean) left us, it wasn’t actually while he was sleeping. Due to me being very sick at the time I did what I didn’t want to do. The crying wouldn’t stop, so I ended up putting a pillow over his face.”

Bourdeaux pleaded guilty to manslaughter for killing Sean, with the judge characterizing the crime as an attempt to quiet his crying that went too far. She received a sentence totalling 13 years: four years for killing Sean, eight for the attempted murder of the five-year-old and an additional year for failing to provide the necessities of life for waiting three days to seek medical attention after attacking her son.

The prosecution sought an 18-year sentence, but defence lawyer Katherin Beyak argued for less because of Bourdeaux’s traumatic background, which included childhood sexual and physical abuse.

“People, to a great extent, are a product of their environment,” Beyak said in a recent interview.

Victims of abuse can, and frequently do overcome their own traumatic upbringings to be loving parents — but they do it with support and positive influences Bourdeaux never had, Beyak said.

Instead, Bourdeaux harboured anxiety about being a mother for years that only intensified after her husband died, said Beyak.

“There was a real feeling on her part that she couldn’t cope with it, that she couldn’t handle those children emotionally or financially on her own,” she said.

Beyak believes the diary confession shows Bourdeaux harboured extreme guilt for her actions, even if she was never able to clearly explain the motive behind them.

“She was never able to verbalize a clear reason why it happened, (but) she knew what she had done and wasn’t at peace with it,” said Beyak.

Mothers who kill their children deserve punishment, Dalby said — “No one gets a pass on this sort of thing” — but he also believes the contributing factors bear some consideration.

“I’ve met many monsters in my life — in prisons, the worst kind of psychopaths you can think of, so I have a comparison. I know what the worst is: people who would do anything to any other person and derive glee from it,” he said.

“They’re not monsters. They simply aren’t.”

jvanrassel@calgaryherald.com

twitter.com/JasonvanRassel

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