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91
I have a feeling that Dennis is going to be found "Not Guilty", the defense is going to take two weeks to finish it's case. So we'll see then what happens.  That's all they have to do is plant "reasonable doubt" in the minds of the persons handling his final verdict and that could be very well what happens, NG.

I think you are right Cape.  At times we do not think of "reasonable doubt".

jb
92
Solved Cases / Re: Kathryn-Mary Herbert - Unsolved Murder - Abbotsford BC (1975)
« Last post by debbiec on February 24, 2019, 08:44:00 PM »
This is what I was able to find in regard why the sting was accepted in one case but not the other.


Handlen confession to murder of second girl ruled inadmissible


According to a pre-trial ruling released Tuesday, B.C. Supreme Court Justice Austin Cullen found Garry Taylor Handlen’s confession to murdering Kathryn-Mary Herbert to be inadmissible.

The jury that convicted Garry Taylor Handlen of murdering 12-year-old Monica Jack did not hear during the trial that he had confessed to the slaying of another girl.

When Handlen, now 71, was arrested in November 2014, he was charged with Monica’s first-degree murder from May 1978, as well as the September 1975 first-degree murder of 11-year-old Kathryn-Mary Herbert.

During a police sting known as a Mr. Big operation, Handlen first confessed to undercover officers posing as members of a criminal organization that he had killed Monica.

Then, two days later, he admitted he had also killed Kathryn-Mary Herbert, who went missing while walking home in Matsqui.

About two months after her mother reported her missing to police, her body was found under a piece of plywood in a remote wooded area on the Matsqui First Nations reserve.

An autopsy revealed she had died of “blunt force trauma” to her head. She had a skull fracture and a broken jaw.

Handlen confessed to the undercover officers that he had picked her up in his vehicle, had sex with her, and then strangled her before accidentally driving over her body and then disposing of it in an “Indian graveyard.”

A day after his confession, he showed investigators where he had picked up the girl in his vehicle, an area which generally corresponded to where she was last seen walking alone.

He also showed police where he killed her and left her body, a location which corresponded to the remote area where the body was found.

But during a pre-trial hearing, Handlen denied committing the murder, saying he was familiar with the area and had gotten information about the Herbert homicide from newspaper accounts and documentaries on the case.

And because the confessions were made during a Mr. Big operation, they were deemed presumptively inadmissible, requiring the Crown to establish on a balance of probabilities that the probative value of the confessions outweighed their prejudicial effect.

In a ruling released last August and posted online Tuesday, B.C. Supreme Court Justice Austin Cullen found that Handlen’s confession to the Monica Jack homicide was admissible, but questioned whether the confession to the Herbert homicide should proceed to trial.

“Although a willingness to confess to the abduction, rape and murder of an 11-year-old child, in most circumstances, is a powerful indication of the reliability of that confession, the circumstances are somewhat different,” the judge said in his 138-page ruling.

“The accused had already confessed to the abduction, rape and murder of a 12-year-old girl in the hope and expectation that he would be saved from the consequences of a looming investigation into that homicide.”

The circumstances surrounding the confession to the Herbert homicide were therefore “considerably more likely to inspire a false confession” to that murder, added the judge.

The presence or absence of supporting evidence was therefore important in assessing the reliability of the confession, said the judge.

With several exceptions, none of the evidence the Crown put forward as supporting evidence negated Handlen’s story that he got details of the crime from media and documentary accounts, he said.

“The evidence establishes that the accused was prone to strong embellishments,” said the judge, adding that he was unable to conclude the confession achieved sufficient reliability or probative value to offset the inherent prejudice created by the Mr. Big technique.

“I accordingly decline to admit the evidence of the accused’s confession to the Herbert homicide.”

The judge’s decision was subject to a publication ban, resulting in the jury at the trial not hearing details of Handlen’s confession.

In January, Handlen received the mandatory sentence of life in prison with no parole eligibility for 25 years for the murder of Monica Jack. The judge then dismissed the Herbert murder charge.

https://kriminalis.net/2019/02/14/handlen-confession-to-murder-of-second-girl-ruled-inadmissible
93
I have a feeling that Dennis is going to be found "Not Guilty", the defense is going to take two weeks to finish it's case. So we'll see then what happens.  That's all they have to do is plant "reasonable doubt" in the minds of the persons handling his final verdict and that could be very well what happens, NG.
94
Hamilton / Re: Audrey GLEAVE | 73, Murdered (Dec 2010) | Hamilton/Lynden
« Last post by capeheart on February 24, 2019, 11:39:44 AM »
I think they should be investigating the person who did receive the benefits of her estate. Did this person spend any amount of money maybe to pay someone off to kill Audrey?? They should look at a money trail to see who got the benefits.  Who knew her habits??? I do remember her premonitions and maybe there was someone who threatened her and she didn't want to say anything.  It is very odd that she had this premonition. If nobody takes up a conversation with officers on this case,  the police will lay it on the bottom of the files.  Someone should be checking on this case periodically and see what the police are doing, even a person that lives in close proximity to where she lives. They would have an excuse as to being afraid that the killer was living close by. I certainly would, if I lived in that area.
95
Hamilton / Re: Re: Audrey GLEAVE | 73, Murdered (Dec 2010) | Hamilton/Lynden
« Last post by jobo on February 22, 2019, 04:57:45 AM »
I have not forgotten this unsolved murder of Audrey....seems to me the Police have.
Jellybean...she must have expected company...she had her coat on, the dogs were caged, and she smoked in the garage....where she was found brutally murdered.  I wonder who else she told her death premonition to...a few trusted friends?
PK came that morning and found her...I realize he had a lie detector done...but now I’m wondering about others in Audrey’s circle....we’re they given lie detectors?
The Police owe it to Audrey to solve this crime....they need to sniff around those that knew her.
Wonder how far into her phone records they went....someone MUST have arranged to come “visit”...why else was she in a coat and dogs were kennelled?
I would think that normally, if she went for a smoke, she would let the dogs out...and not kennel them.  Since they weren’t that friendly...she would kennel them when company came.
I would’ve hoped Audrey’s friend, and beneficiary of her estate, would fight harder for Justice...I truly wonder what she has done....Audrey had no one else.
96
Solved Cases / Re: Kathryn-Mary Herbert - Unsolved Murder - Abbotsford BC (1975)
« Last post by D1 on February 20, 2019, 09:33:53 PM »
Yes very strange. Couldn't find much detail as to why the sting was accepted in one case but not the other..
Quote
The Crown is not proceeding with the case because the confession which was permitted in the first case was ruled inadmissible in Kathryn's.
97
Solved Cases / Re: Kathryn-Mary Herbert - Unsolved Murder - Abbotsford BC (1975)
« Last post by jellybean on February 20, 2019, 06:38:59 PM »
Thank you D1 for the info.  I guess Mr Big did not include Kathryn in their sting?


jb
98
Solved Cases / Re: Kathryn-Mary Herbert - Unsolved Murder - Abbotsford BC (1975)
« Last post by D1 on February 20, 2019, 02:31:26 PM »
Handlen was not convicted for Katherine's murder but was convicted and sentenced to life for the murder of Monica Jack. Katherine's mother Shari promised her daughter that justice would be done. It was through Monica. Unfortunately Shari passed away prior to seeing that but I think she knew it was coming one way or another. She was confident of that in her final years.

From-

https://bc.ctvnews.ca/you-are-among-the-worst-of-offenders-man-convicted-of-monica-jack-s-murder-sentenced-1.4272290


Published Monday, January 28, 2019 11:03AM PST 
 Last Updated Monday, January 28, 2019 6:58PM PST 



Quote
Charge in another death dismissed

In addition to sentencing Handlen for his role in Monica's death, the judge also addressed another case in which the 71-year-old was accused.

He faced a first-degree murder charge in the death of 11-year-old Kathryn Mary Herbert, in Abbotsford in 1975. Handlen pleaded not guilty.

As with Monica's death, Handlen had confessed to her killing in a Mr. Big sting – a tactic once used by the RCMP to extract confessions by convincing suspects they were talking to a crime boss.

The second case was previously covered by a publication ban. On Monday, the judge dismissed the charge.

The Crown is not proceeding with the case because the confession which was permitted in the first case was ruled inadmissible in Kathryn's.

"As a result, the Crown was left with little other evidence linking the offender to that offence," said Dan McLaughlin with the BC Prosecution Service.

The girl's mother passed away in 2016, but said previously that she'd made a vow to her daughter.

"I promised her at her graveside I would never give up," Shari Greer said at a news conference in 2014.

A private investigator who looked into the case said she was unwavering in her search for answers.

"She was extremely determined in finding out who killed her daughter and to see that he comes to justice," Lee Hanlon said.

With files from CTV Vancouver's Maria Weisgarber

.


99
Thanks, jb. There really was a lot going on in terms context in Orangeville and area in 2010. It is not comforting context, either.
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General Discussion / Re: Maps of the Missing - Province by Province(And the Territories)
« Last post by Ron on February 18, 2019, 02:58:02 PM »
What about Gregory David Wry? He went missing from Fredericton Feb. 2010.

                  http://www.unsolvedcanada.ca/index.php?topic=3318.0
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