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weren in a position to challenge this process (at trial), Simmonds said. didn understand this manipulation. effect or the real deal?
When a new trial begins, Wilma and Cliff will be back in the court gallery, watching and listening.
The appeal court ruled Justice Glenn Bottega Veneta Milano Intrecciato Leather Tote
"It seems to me that this evidence, which I view as very relevant, could provide the basis upon which a reasonable, properly instructed jury could Balenciaga Mini City Grey
Grant, 50, was convicted of second degree murder in February 2011 following a lengthy jury trial. The Crown's case relied heavily on DNA evidence it said positively linked Grant to the killing.
That DNA has revolutionized crime busting, there can be no question. But DNA has also become a battleground for defence lawyers who raise questions about how ready we are to blindly accept it as irrefutable evidence of guilt.
the crime scene?
Full court citation on Grant appeal
Joyal erred in not allowing the jury to hear evidence suggesting another unidentified suspect was responsible for the killing. Specifically, that another adolescent girl was abducted in 1985 and bound with twine at a location not far from where Derksen was found and at a time when Grant was in custody.
Wilma and Cliff Derksen, Candace's parents, said they were surprised by the decision but accepting of the court's conclusions.
In a 2007 interview with police, Sgt. Jon Lutz and Sgt. Allan Bradbury hit Grant with their trump card: his DNA had been matched to DNA found at the murder scene.
Jurors in the Derksen trial heard several days of difficult and complex DNA testimony. The trial became a war between competing DNA experts who differed dramatically in their assessment of the evidence and what it meant. Did a Thunder Bay DNA lab properly process the last existing scraps of genetic material that could identify Derksen's killer? Did lab scientists ignore evidence suggesting Grant's DNA profile did not match DNA found at Balenciaga Bag Sale Usa
At a hearing in the absence of the jury, the now 40 year old woman denied she was ever abducted, despite the police statement of a now deceased woman who said she found the girl tied up in a rail boxcar yelling for help.
In the end they found it passed.
Manitoba's highest court has ordered a new trial for Mark Grant, convicted in the 1984 murder of 13 year old Candace Derksen.
Like fingerprints before it, DNA evidence comes with a sheen of infallibility. Jurors in the Derksen case were forced to put that infallibility to the test.
Derksen disappeared after leaving school on Nov. 30, 1984. She was found weeks later bound with twine and frozen to death in a supply shed near her home. Grant wasn't arrested for her murder until May 2007, about a year after Winnipeg police sent the twine used to bind the girl and some hairs found at the crime scene to what was then Prada Wallet Long Molecular World, a private lab in Thunder Bay.
The Crown case relied heavily on DNA evidence it said positively linked Grant to the killing.
"We were satisfied that Grant was the person, but if the justice system hasn't come to that conclusion, that's the way it is," Cliff said. "We have to trust the justice system and we are willing to do that."
New trial for Mark Grant in 1984 murder of Candace Derksen
of wrong conviction case has every hallmark of a wrongful conviction, lawyer Saul Simmonds told a Manitoba Court of Appeal panel on April 6, 2013.
A new trial date has not been set.
"With respect, I have difficulty in reconciling the judge's decision to deny the tendering of the evidence on the basis that the incident never occurred in the face of very strong evidence to the contrary," Justice Michel Monnin wrote in a 46 page decision. "In arriving at his decision, it is clear to me that the judge made factual and credibility findings (and) conclusions which he was not entitled to make at this point.
"We're Candace's parents and we have to attend to her story," Wilma said. "We have no choice, she is our child. So if it takes on the form of a trial we still have to attend to her and love her. It's a privilege to be there for Candace."
Wrigley's gum wrappers were found at both scenes and the wrists of both girls were tied in what was described as "granny knots."
Prosecutors routinely caution jurors against falling prey to "CSI effect," the unreasonable expectation that any crime can be solved with the right high tech forensic know how. But that world doesn't exist and DNA is no judicial slam dunk, as Derksen jurors quickly learned.
Saul Simmonds, Grant's lawyer, argued the woman recanted after an aggressive interview by police days before the hearing questioning the veracity of her story.
Grant wasn arrested for the murder until May 2007, about a year after Winnipeg police sent the twine used to bind the girl and some hairs found at the crime scene to what was then Molecular World, a private lab in Thunder Bay. DNA expert Dr. Bruce Budowle reviewed the lab work and found scientists data that should have excluded Grant as a suspect and didn follow proper protocols.
acquit, especially given the nature of the evidence called at trial," Monnin wrote.
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