Real Justice: Guilty of Being Weird: The story of Guy Paul Morin, by Cynthia J. Faryon
A must read for the lessons contained -
Story blurb: At twenty-four, Guy Paul Morin was a bit of a nerd. He still lived at home, drove his parent’s car, kept bees, and grew flowers to encourage the hives behind his house. He played the saxophone and clarinet in three bands and he loved the swing music of the 1940s.
In the small Ontario town where he lived, his nerdiness stood out. So when the nine-year-old girl next door went missing, the police convinced themselves that Morin was responsible for the little girl’s murder. Over the course of eight years, police manipulated witnesses and tampered with evidence to target and convict an innocent man. It took ten years and the just-developed science of DNA testing to finally clear his name. Without that scientific proof, he would still be in prison today.
This book tells his story, showing how the justice system not only failed to help an innocent young man, but conspired to convict him. It also shows how a determined group of people dug up the evidence and forced the judicial system to give him the justice he deserved.
Available in hardback, paperback (128 pages) and e-pub.
About the author: CYNTHIA J. FARYON has worked as a legal assistant and teen counsellor. She began her writing career in 1999 and is now the author of nine books. She lives in Richer, Manitoba.
Review by Gerry Burnie
Real Justice: Guilty of Being Weird: The story of Guy Paul Morin by Cynthia J. Faryon [Lorimer: Real Justice series – August 2012 (pre-orders are being accepted)] is one of four such works under the Real Justice label, all of them dealing with tragic, Canadian cases that went terribly awry. The others include: Robert Baltovich; Steven Truscott; and David Milgard.
From a GLBT perspective we could also add John Damien, summarily fired for being homosexual and a “security risk,” and Everett George Klippert, the last person imprisoned in Canada for private, consensual sex with men. After being assessed “incurably homosexual”, he was sentenced to an indefinite “preventive detention” as a dangerous sexual offender.
The story of Guy Paul Morin reads like a ‘how not to’ textbook on bungling, sloppiness, incompetence, prejudice, police and prosecutorial misconduct, and misrepresentation of forensic evidence by so-called “experts.” And yet, Ms Faryon has managed to remain objective throughout, and to put a human face on both the accusers and accused.
When eight-year-old Christine Jessop was first reported missing (October 3, 1984) the police told her mother, Janet Jessop, to call her friends and neighbours to see if anyone had seen or spoken to her. As a result of these calls, people began to gather at the Jessop residence, and,
“Soon the place was filled with people. They made coffee, tea, and helped themselves to drinks from the refrigerator. They touched glasses, mugs, counter tops, door handles and used the bathroom. Someone picked up the bike from off the shed floor and leaned it against the wall. Perhaps the same person also took Christine’s pink sweater off the nail and brought it into the house, most likely thinking they were helping. The police didn’t
Police made no attempt to monitor who was coming into the house or what they were doing. They hadn’t taped off Christine’s bedroom or the shed, or treated the house like a crime scene. They treated the situation as if Christine was staying too long at a friend’s house, or maybe she was lost in the woods. The police didn’t even speak to most of them. Why go to all that trouble when it wasn’t necessary?” p.32
Moreover when Christine’s body was finally discovered in a farmer’s field in Sunderland, Ontario, (about 60 miles north-east of Toronto),
“None of the officers were issued gloves, scarves, or protective clothing to prevent hair and fibres from falling on the remains and contaminating the evidence. Michalowsky [Chief Identification Technician with the Durham Regional Police] was in a hurry, racing against the weather. It was going to be tough to get the search done before the storm.” P.50
“Some of the officers took smoke breaks and no one watched to make sure the cigarette butts were put in the trash bag hanging on the van mirror. A cigarette package, a sales receipt, and a milk carton were found close to the body. Those in charge decided these items didn’t have anything to do with the murder, and they were thrown away. Other items were photographed, tagged, bagged, and sent to the lab for analysis and accepted as evidence, even though they were dropped by the searchers.” P.52
Guy Paul did not attend the funeral, believing it was not open to the public, and this became a topic of discussion:
“His absence was noted by the police. It seemed Guy Paul couldn’t do anything right. The police and reporters believed the murderer would go to the funeral. If Guy Paul had gone, they would have noticed him, and perhaps thought he was guilty. But he didn’t go, and they thought it was suspicious he stayed away.” p.61
“Detectives Fitzpatrick and Shephard met with Janet and Kenny Jessop on February 14, 1985. When asked about Guy Paul, they both said he was a musician and a “weird-type guy.” They complained that he had never helped with the search for Christine and didn’t attend the funeral or even give them his sympathies. Inspector John Shephard made an entry in his notebook identifying Guy Paul as “Suspect Morin.””p.61
Guy Paul’s name kept coming up, along with the epithet “weird,” and so the police decided it was time to talk to this “weird-type guy.” But first they did some digging, starting with Christine’s best friend Leslie, whom they interviewed just beforehand:
“So Leslie,” the detective asked, “tell me about Christine’s neighbour, Guy Paul Morin. You said you were friends with Christine.”
“Yeah, she was my best friend.”
“So, when you were playing over there at Christine’s and you saw Guy Paul, what was he doing?”
“I don’t know,” said Leslie.
“Well,” said the detective, “was he cutting his lawn?”
“Was he standing next to his fence?”
“Could he have been cutting his hedges?”
“Yeah, I think so. He must have been cutting his hedges.”
“Well,” asked the detective, “was he holding the clippers tight?”
“Well,” Leslie said. “I don’t know.”
“Well,” pushed the detective, “were his knuckles white, did they look like this?” and he held out his fist so his knuckles looked white.
“Yeah, sure. Okay. Yes, it did look like that.” p.63
Morin was subsequently arrested, and at his first trial in 1986 he was acquitted. However, the Crown appealed this decision on the grounds that the trial judge made a fundamental error prejudicing the Crown’s right to a fair trial, and in 1987 the Court of Appeal ordered a new trial.
Morin was convicted at his second trial (1992), substantially on the testimony of convicted felons who wanted shortened jail time, and was sentenced to life imprisonment. In 1995, improvements in DNA testing led to a test which excluded Morin as the murderer. Morin’s appeal of his conviction was allowed (i.e., the conviction was reversed), and a directed verdict of acquittal entered in the appeal.
Subsequently, a commission of inquiry was convened under Mr. Justice Fred Kaufman (The Commission on Proceedings Involving Guy Paul Morin), who uncovered evidence of police and prosecutorial misconduct, and of misrepresentation of forensic evidence by forensic experts.
However, I think the main lesson to be learned here is to not to jump to conclusions, as was done in this case. Morin was considered “weird,” and this assumption blossomed to the point where it implicated an entire chain of “experts.” The chain was then held fast through the fact that one link blindly followed another through professional courtesy, or whatever.
In fact the police, forensic experts and Crown prosecutors were so confident — so smug — that they built their case backwards, manipulating and creating evidence to prove the guilt of a suspect who could not possibly be innocent. But he was.… Highly recommended. Five bees.
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