Author Topic: Candace Derksen - 13 - Murdered November 30, 1984 - SOLVED  (Read 52174 times)

debbiec

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rainstorm

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Re: Candace Derksen - 13 - Murdered November 30, 1984 - SOLVED
« Reply #61 on: March 06, 2012, 08:44:23 PM »
its got to be tough to have to go through thus as a parent. I hope for the parents sake that that snake us locked up and they throw the key away. Before he can hurt anyone else.

debbiec

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debbiec

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Re: Candace Derksen - 13 - Murdered November 30, 1984 - SOLVED
« Reply #63 on: June 18, 2012, 09:31:00 PM »
Wilma Derksen creating support house in honour of murdered daughter  
 
Updated: Mon Jun. 18 2012 19:37:07
ctvwinnipeg.ca


The mother of a teen murdered 28 years ago is working to open a support house for families going through a murder trial.

Wilma Derksen is hoping to raise money to build "Candace House," a safe place for victims of serious crime to stay while the court process unfolds.

Candace disappeared in 1984 and her body was found in a shed the following January. In 2007, Mark Edward Grant was arrested. He was found guilty in 2011.

Derksen hopes to build Candace's House close to the Law Courts building where crime victims can find support, information and encouragement in a safe environment.

A fundraising family fun day is being held on July 7 at the Fort Garry Community Centre.

http://winnipeg.ctv.ca/servlet/an/local/CTVNews/20120618/wpg_candace_house_120618/20120618/?hub=WinnipegHome

debbiec

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Re: Candace Derksen - 13 - Murdered November 30, 1984 - SOLVED
« Reply #64 on: April 17, 2013, 09:48:55 AM »
Winnipeg Free Press - PRINT EDITION

Candace's killer asks for new trial
Defence says 18 errors made


By: Mike McIntyre
Posted: 1:00 AM

One of Manitoba's most notorious criminal cases is back under a microscope this week in a court hearing that could result in a new trial for Candace Derksen's killer.

Mark Grant appeared Tuesday before the Manitoba Court of Appeal, seeking to have his second-degree murder conviction overturned. Grant, 49, is citing 18 alleged errors made by Chief Justice Glenn Joyal in his handling of the jury trial, which ended in February 2011.

"It raises the spectre of a wrongful conviction," defence lawyer Saul Simmonds told the three justice panel, which will continue hearing arguments today.

Grant is also appealing Joyal's sentence, saying it was unduly harsh. Grant was given a mandatory life sentence with no chance of parole for at 25 years. Joyal said he raised parole eligibility from the minimum of 10 years and imposed the maximum sentence allowed to reflect Grant's horrific criminal record and the severity of his crime.

Derksen, 13, was grabbed off the street on Nov. 30, 1984, while walking home from school, bound with rope and left to freeze to death inside a shed. Her body was found in the shed on Jan. 17, 1985. Jurors spent three days weighing the evidence against Grant, which largely consisted of DNA evidence that finally cracked the case in 2007.

Three pubic hairs were found on or near Candace's body, although police have said she wasn't sexually assaulted. Four scalp hairs that appeared to have been lightly bleached near the roots were on her clothing. There is evidence Grant dyed his hair around the same time. DNA extracted from the twine used to tie her up was found to be a maternal match to Grant.

During the trial, Simmonds accused the Crown of using "bad science." He said police ignored evidence that pointed away from Grant, contaminated the crime scene and mishandled key exhibits, such as the twine.

Simmonds continued that argument Tuesday, saying an American DNA expert who has reviewed the case believes evidence was manipulated against Grant. "The verdict, from our perspective, is unreasonable," said Simmonds.

The Crown plans to argue Simmonds isn't raising any new ground, considering he called another defence expert during the trial to contest the DNA findings, only to have jurors reject that evidence.

Simmonds also takes issue with Joyal's pretrial ruling that excluded jurors from hearing testimony from a Winnipeg woman who claimed in 1985 she was kidnapped by a stranger in an eerily similar fashion to Candace -- only to recant the story 26 years later.

Simmonds had filed a motion to put the woman in the witness box, believing it would prove Grant was innocent of killing Candace. That's because Grant was in custody on other charges at the time the woman, just 12 years old in 1985, was allegedly attacked, meaning he couldn't possibly be responsible for either crime if there was a proven link.

She was discovered by a bystander in the fall of 1985 lying inside an empty railway car on Gateway Road. She was screaming "Mommy, mommy," her wrists and legs were bound, and there was a plastic shopping bag over her head. The 12-year-old told police an unknown man had abducted her around 4 p.m. on a Friday as she left Valley Gardens Junior High School to walk home.

Police were immediately on high alert. The distance between where Candace and the other girl were found was five kilometres.

There were Wrigley gum packages found at both scenes, a connection police were quick to make note of. Even the knot used to tie the girl's arms with plastic tubing was similar to the one found on the twine around Candace's arms.

Investigators went so far as to take the girl to a memorial service for Candace to have her scan the crowd for the potential attacker. She also gave a detailed description of the man and his vehicle, which led to the creation of a composite sketch.

The investigation went cold and no arrests were made. Simmonds came across the file and sought to have jurors hear about it. The Crown was opposed, saying it would "derail" Grant's trial and had "no probative value." The Crown noted police reinterviewed the now-adult woman in early January 2011 and she claimed the alleged attack never happened.

Simmonds argued Tuesday the jury should have heard the evidence.

http://www.winnipegfreepress.com/local/candaces-killer-asks-for-new-trial-203344141.html

debbiec

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Re: Candace Derksen - 13 - Murdered November 30, 1984 - SOLVED
« Reply #65 on: October 30, 2013, 11:03:09 PM »
New trial ordered in Winnipeg teen's death


WINNIPEG - The Manitoba Court of Appeal on Wednesday ordered a new trial for a man convicted in the 1984 murder of a teenage girl.

The Appeal Court ruled that the trial judge was wrong to deny Mark Edward Grant's lawyer the right to present evidence that Candace Derksen might have been killed by someone else. Another girl had been abducted in a similar fashion nine months after Derksen's death when Grant was in custody.

"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 acquit," Justice Michel Monnin wrote on behalf of the three-member Appeal Court panel.

"The exclusion of the evidence denied the accused the opportunity of placing before the jury the full answer he wanted to make."

Grant was convicted of second-degree murder and sentenced in 2011 to life with no parole eligibility for at least 25 years.

Derksen was 13 years old when she disappeared on her way home from school. Her body was found six weeks later, bound and frozen, in a storage shed.

Her parents, Wilma and Cliff Derksen, were surprised by the ruling.

"We're kind of shocked and in chaos," Wilma Derksen said outside her home.

"There's a kind of ... tragedy or comedy about it. It's just tough."

Cliff Derksen said the family felt certain that Grant was the killer.

"If there's any doubt, then it needs to be clarified, for sure. I guess we thought there wouldn't be doubt, but apparently there is."

The case against Grant hinged on DNA evidence from hair and fibre samples collected in the shed.

RCMP tested the twine used to bind Derksen in 2001, but results were inconclusive. A private lab, Molecular World in Thunder Bay, Ont., tested the twine and hair again in 2007. It was after that test that Grant was charged.

Grant, who is now 49, has a long criminal history. He spent nearly half his life behind bars for 23 offences. But he repeatedly denied killing Derksen. His lawyer suggested the Crown might think twice about whether to pursue a new trial, given the Appeal Court ruling on the possibility of another killer.

"To not be able to put that before a jury was, from our perspective, a significant blow to our defence," Saul Simmonds said Wednesday.

"It's our hope that maybe the Crown will take the time now to review the case ... and make a determination as to whether or not there will be another prosecution."

Simmonds told court at the time that Grant had a tortured childhood, had been abused by his father and had lived on the streets during his teenage years.

The Crown has not yet decided whether to challenge the Appeal Court ruling, go ahead with a new trial or drop the case.

Wilma Derksen said she and her husband can still feel their daughter's presence, even though decades have gone by.

"She comes, even after all this time, she's here. That means we're alive though.

"We'll make it."

By Steve Lambert, The Canadian Press

http://www.therecord.com/news-story/4182792-new-trial-ordered-in-winnipeg-teen-s-death/

jellybean

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Re: Candace Derksen - 13 - Murdered November 30, 1984 - SOLVED
« Reply #66 on: December 10, 2013, 11:57:42 AM »
Take from Winnipeg Sun - Oct
30, 2013.

Just when one thinks this is solved - guess not, in this case. At one point prosecutors had the choice to go forward with this upcoming second trial - or to Drop the Case. :o

http://www.winnipegsun.com/2013/10/30/new-trial-for-mark-grant-in-1984-murder-of-candace-derksen

Oct 30, 2013 - Manitoba's highest court has ordered a new trial for Mark Grant, convicted in the 1984 murder of ... A new trial date has not been set. ... Mark Edward Grant is on trial for first-degree murder in the death of Candace Derksen.

jb
« Last Edit: December 10, 2013, 12:03:48 PM by jellybean »

debbiec

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Re: Candace Derksen - 13 - Murdered November 30, 1984 - SOLVED
« Reply #67 on: November 15, 2014, 07:39:24 PM »
Derksen murder back in court
Defence argues new evidence discredits damning DNA tests

By: Mia Rabson
Posted: 11/15/2014 1:00 AM


OTTAWA -- The Manitoba government asked the Supreme Court Friday to reinstate a conviction of second-degree murder in the 1984 slaying of Winnipeg teenager Candace Derksen.

Mark Edward Grant was convicted in 2011 of murdering Derksen but his conviction was overturned a year ago by the Manitoba Court of Appeal, which said evidence of a similar case to Derksen's should have been admitted during Grant's trial.
 
Derksen was 13 when she was abducted in November 1984. Her frozen body was found, bound with rope, in a shed the following January. Her case was one of the province's most well-known unsolved cases for more than two decades. Grant wasn't arrested until 2007, after DNA evidence analyzed by a private lab in Thunder Bay, Ont., connected Grant to DNA from the rope used to bind Derksen.

Crown Attorney Ami Kotler told the high court Friday the existence of the second case didn't meet existing legal thresholds to be included in Grant's trial because the evidence between that case and Derksen's were not similar enough. That case involved a 12-year-old girl who was found bound by rope in an abandoned rail car less than a year after Derksen was killed. The girl, now an adult, testified the abduction never happened. The only other witness, the woman who found her, is dead. Grant was in custody when the second girl was allegedly abducted. Kotler told the Supreme Court on Friday the evidence gathered in the case did not show clear links to the Derksen murder and to allow the jury to hear the evidence was too risky. He suggested allowing in evidence with such flimsy connections could mean an accused could try to bring in evidence of cases with no clear connection to their own, but for which they have an alibi.

He said the two biggest alleged connections -- the discovery of the same brand of gum wrapper in both locations and the knot used on the rope bindings -- are not legitimate. The rope bindings were completely different even though they both contained one similar type of "granny knot."

But Grant's defence lawyer, Saul Simmonds, told the court "common sense" dictates there are similarities between the two cases: The girls were about the same age, there was no apparent motive for either attack, neither girl was sexually or physically assaulted, both were fully clothed and tied up with rope, and both were left in isolated locations in the same area of the city.

"This was not the kind of thing that was happening in Winnipeg in 1985," said Simmonds. "To try to suggest there is no connection is not a reasonable suggestion."

He noted police investigating the 12-year-old's case believed there were connections to Derksen and investigated it as such.

Simmonds also told the court Friday there were two other reasons not to reinstate the conviction, including new evidence discrediting the DNA evidence used to convict his client, and the possibility of juror bias.

The DNA evidence was contested during the trial, but Simmonds says he now has a new expert who believes there was a fault with the DNA testing that was not raised at trial.

He said the sample was tested three times, and the first two times it didn't come up with a result. The third test matched to Grant.

Simmonds said he has a DNA expert who says the DNA test results were improbable and may point to a "serious quality assurance" issue.

Grant's defence team also argued there was clear juror bias in the original trial after one of the jurors indicated after the trial she had believed Grant was guilty before the trial was over, and also indicated she had stopped paying attention to the evidence and was instead studying the people in the gallery of the courtroom.

Kotler said the DNA evidence wasn't improperly tested and the explanation for the different results is available from the private lab's reports. He said the first two tests weren't of good quality. He also said the juror's comment was that she believed Grant was guilty after hearing the Crown's evidence on the first day of the trial, and to infer she no longer had an open mind was not fair.

The court reserved its decision. If the court agrees with the Appeal Court to overturn Grant's conviction, Manitoba Justice will have to decide whether to hold another trial or let the case drop.

Grant remains in custody awaiting the outcome.

http://www.winnipegfreepress.com/local/derksen-murder-back-in-court-282802211.html

solvy

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Re: Candace Derksen - 13 - Murdered November 30, 1984 - SOLVED
« Reply #68 on: November 15, 2014, 09:47:34 PM »
Oh no.  Now the family will have to go through a long legal re hash of everything, haven't they been through enough already?  So sad for them, its like it never ends.

debbiec

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Re: Candace Derksen - 13 - Murdered November 30, 1984 - SOLVED
« Reply #69 on: March 03, 2015, 10:49:38 AM »
Winnipeg Free Press - ONLINE EDITION

Supreme Court to rule on conviction of Candace Derksen slayinghttp://www.winnipegfreepress.com/local/Supreme-Court-to-rule-on-Candace-Derksens-murder-conviction-294715951.html

Kazoo

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Re: Candace Derksen - 13 - Murdered November 30, 1984 - SOLVED
« Reply #70 on: March 05, 2015, 12:08:28 PM »
Supreme Court upholds order for new trial in 30-year-old murder caseCanada's highest court has upheld a ruling that a new trial be ordered for Mark Grant, the man convicted of killing 13-year-old Candace Derksen more than 30 years ago.

The Supreme Court of Canada issued the long-awaited ruling Thursday morning.

Grant, 51, 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.

Derksen disappeared after leaving her Winnipeg 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 and some hairs found at the crime scene to what was then Molecular World, a lab in Thunder Bay, Ont.

In a decision last year, the The Manitoba Court of Appeal ruled Justice Glenn 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.

Wrigley's gum wrappers were found at both scenes and the wrists of both girls were tied in what was described as "granny knots."
http://www.torontosun.com/2015/03/05/supreme-court-upholds-order-for-new-trial-in-30-year-old-murder-case
_________________________________________

Even though this is difficult to swallow, the mention that another girl was found bound in a similar fashion along with discarded gum wrappers is kind of interesting. I wonder, do any of you know any SK's that were active/believed to be active during this time frame?

capeheart

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Re: Candace Derksen - 13 - Murdered November 30, 1984 - SOLVED
« Reply #71 on: March 05, 2015, 03:28:07 PM »
Totally unexpected news on this case. What in the heck is going on here. He was convicted on DNA and it was a definite conclusion. Now they are talking about a new trial. Also they may just let it go all together. I am so confused by the news report on this, it is unreal. What is going on with the justice department. WAS A MISTAKE MADE HERE AND THE WRONG MAN WENT TO JAIL????? Can't figure this out at all. I hope someone makes it clearer by (a) (b) (c). I am confused. I don't know a lot about this case, but know it is a very old one. :o :o :o :o :o

Sap1

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Re: Candace Derksen - 13 - Murdered November 30, 1984 - SOLVED
« Reply #72 on: March 25, 2017, 12:53:38 AM »
http://www.cbc.ca/news/canada/manitoba/candace-derksen-mark-grant-murder-dna-ruling-1.4038386

A Manitoba judge has decided to allow key DNA evidence to be presented in Mark Grant's retrial for the 1984 killing of Candace Derksen.

In her decision this afternoon, Justice Karen Simonsen also dismissed a defence application to stay Mark Grant's retrial. The judge said she wasn't going to go into detail about her decisions and would address that when she delivers her verdict.

In February, Saul Simmonds, Grant's lawyer, filed a motion to stay the case, arguing DNA tests on twine gathered at the murder scene in 1985 were flawed and the twine can't be re-tested.

He said the judge should either throw out the evidence or release his client and end the retrial.

Simonsen disagreed.

Sap1

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Re: Candace Derksen - 13 - Murdered November 30, 1984 - SOLVED
« Reply #73 on: October 18, 2017, 01:14:14 PM »
He isn't really innocent, just can't be proven beyond a reasonable doubt.

http://www.ctvnews.ca/canada/2nd-trial-in-candace-derksen-s-death-ends-in-not-guilty-verdict-1.3638088

WINNIPEG -- A man tried for a second time in the killing of Winnipeg teenager Candace Derksen more than 30 years ago has been found not guilty.
Mark Edward Grant was charged with second-degree murder in the death of the 13-year-old girl, who disappeared on her way home from school in November 1984.
Her frozen body -- feet and hands bound with twine -- was found six weeks later in an industrial shed.

Grant, who is 54, was found guilty on the same charge in 2011 and sentenced to 25 years in prison, but the conviction was overturned and a new trial was ordered.
In her ruling Wednesday, Court of Queen's Bench Justice Karen Simonsen said the Crown's evidence "falls short of the burden of being beyond a reasonable doubt."
Grant, a man with a long criminal record, was arrested in 2007 following DNA testing on the twine used to bind Derksen.
Grant's 2011 conviction was overturned two years later when the Supreme Court of Canada ruled the trial judge erred in not allowing Grant's defence to present evidence that pointed to another possible killer -- an unidentified person who tied up a 12-year-old girl in another part of Winnipeg in 1985, while Grant was in custody on another matter.
In the retrial earlier this year, court heard that DNA samples had deteriorated in the time between Derksen's death and Grant's first trial.
Grant's lawyer, Saul Simmonds, said in his closing arguments that DNA samples the Crown had relied on were so tiny as to be infinitesimal, and could be from one of the many people who had visited the shed where Derksen's body was found.
Crown prosecutor Brent Davidson allowed that some of the DNA evidence might not be reliable, but other DNA tests showed that 99.9 per cent of the population other than Grant would have been excluded.
Simonsen agreed with the Crown and concluded the DNA evidence was flawed.
Davidson also pointed to testimony from Tonia Lachance, a friend of Grant's ex-girlfriend, who quoted him as saying: "I killed her." He later followed that with: "No, I didn't. I'm just kidding."
Lachance said Grant told her: "Keep your mouth shut or I'll do to you what I did to Candace."
The defence called Lachance unreliable.
Simonsen agreed saying the confession was unreliable because the witness waited until 2007 to talk to police.