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Robert
BALTOVICH
Classification: Murderer?
Characteristics: Wrongly
convicted - The body
was never found
Number of victims: 1 ?
Date of murder:
June 19,
1990
Date
of arrest:November 19,
1990
Date of birth: July
17,
1965
Victim profile: Elizabeth Marie Bain,
22 (his
girlfriend)
Method of murder: ???
Location: Scarborough, Ontario, Canada
Status: Sentenced to life in prison on March 31,
1992. Released on bail on March 31, 2000. Found not guilty in a retrial on April
22, 2008
Robert Baltovich
(born July 17 1965) is a Canadian man who was convicted in 1992 of the
murder of his girlfriend, Elizabeth Bain in Scarborough, Ontario, Canada.
He spent eight years in prison and nearly another decade trying to clear
his name, before being found not guilty in a retrial on April 22 2008.
Elizabeth Bain
murder
In 1990 Baltovich graduated with a degree in
psychology and history from the University of Toronto at Scarborough.
Here he also met and developed a relationship with Elizabeth Bain, a
fellow student.
Bain disappeared on
June 19, 1990,
telling her mother she was going to "check the tennis schedule" on
campus. On June 22,
her car was found with a large bloodstain in the back seat. Her body was
never found.
First trial
and conviction
On November 19, 1990,
Baltovich was arrested and charged with first-degree murder. His case
continued in the courts for several years, during which he consistently
maintained his innocence. His lawyers suggested that the so-called "Scarborough
Rapist", the name by which the infamous Canadian serial killer Paul
Bernardo was then known, might be responsible for the murder.
On March 31, 1992,
he was convicted of second-degree murder. His lawyers appealed and on
March 31, 2000,
Baltovich was released on bail, pending the outcome of his appeal. In
September 2004 his appeal was finally processed and his case gained
national attention again when his lawyers alleged that he had been
wrongfully convicted and that Bernardo was guilty of Bain's murder. They
allege that circumstantial evidence suggests links to Bernardo, and that
this evidence could not have been available during Baltovich's original
trial as the identity of the Scarborough rapist was then unknown.
Appeal,
retrial and acquittal
On December 2, 2004,
the Court of Appeal for Ontario set aside the conviction, delivering
what news reports called "a scathing attack" on the conduct of the
original trial judge. This fell short of the acquittal that Baltovich's
counsel had argued for. On
July 15, 2005,
Ontario's Ministry of the Attorney-General announced that Baltovich
would face a new trial on charges of second-degree murder, at an
unspecified date, and remain free on bail in the meantime. During that
time, Baltovich worked as a librarian for the Government of Ontario.
On March 31, 2008,
jury selection began in the second-degree murder trial. The trial,
slated to begin in Toronto on
April 14, 2008,
was delayed, with the Crown (prosecution) giving no reason. When the
trial resumed, the Crown declined to call any of the more than 50
witnesses they had planned, citing "recent developments, including the
cumulative effect of the pre-trial evidentiary rulings rendered to date
in this case, other evidentiary issues, and changes to case law".
With no Crown case, the judge directed
the jury to make a finding of not guilty on
April 22, 2008.
In January of 2010 the Attorney-General
concluded that the payment of financial compensation was not appropriate.
On April 21, 2010 a civil suit alleging malicious
prosecution, negligent investigation and negligent representation was
filed on behalf of Baltovich. The defendants named include John McMahon,
now a judge with the Superior Court of Ontario, and Paul Amenta, a
practicing Crown Attorney in Toronto. Brian Raybould and Steve Reesor,
the two lead detectives in the case, are also named as defendants.
Wikipedia.org
Baltovich acquitted of murder
Thestar.com
Apr 22 2008
Eighteen years after the disappearance of university
student Elizabeth Bain, her boyfriend Robert Baltovich was acquitted
this morning after Crown prosecutors declined to offer evidence at his
second trial on a charge of second-degree murder.
Before the jury was brought in to hear the opening
arguments this morning, Crown attorney Philip Kotanen said the
prosecution could not proceed due to a lack of evidence.
"There is no longer any reasonable prospect of
conviction," he told Superior Court.
Justice David McCombs then directed the jury to
acquit, saying the only verdict that could "be supported in this case"
is not guilty. Minutes later, the jury complied.
Today’s hearing marked the end of Baltovich’s second
trial in the disappearance and presumed death of his girlfriend, whose
body was never found.
Baltovich, now 42, spent eight years in jail before
Ontario’s highest court quashed the conviction in his first trial and
ordered a second one.
“It’s an 18-year nightmare for me. It’s a never-ending
nightmare for the Bains,” Baltovich said outside court this morning. “I
just hope that one day they can come to accept the fact that I didn’t
kill their daughter.
“I loved her. I miss her. I know they do and maybe
one of these days we can get together and grieve together.”
Bain, a 22-year-old student at the University of
Toronto's Scarborough campus, was last seen on the afternoon of June 19,
1990, after telling her mother she was going to the campus tennis courts.
Baltovich, who always maintained his innocence, was
charged with her murder in November 1990.
Three days later, her bloodstained car was found two
blocks from the campus.
At the Bain family home in Scarborough this morning,
Elizabeth Bain’s parents, Ricardo and Julita, asked to be left alone as
they grieved.
“Please leave us alone for today,” Ricardo Bain told
reporters from the front yard before retreating inside the house. “This
is not a good moment.”
Julita Bain said that despite the court’s decision,
the family still believes Baltovich is guilty.
“We believe that he did it. That doesn’t change.”
“We’re not vengeful people - all we wanted to have is
justice for Elizabeth,” Julita said. “I’m sure she’ll get that sometime,
if not here, then up there,” she added, gesturing to the heavens.
Asked what would come next for the family, Julita
Bain replied: “Life’s got to go on, I guess - just like the past 18
years.”
During the appeal that overturned his conviction,
Baltovich’s lawyers argued that convicted sex killer Paul Bernardo – who
admitted to a series of sexual assaults in Scarborough around the time
when Bain vanished - may have been her killer.
oday, Baltovich’s lawyer said he believes today’s
decision puts a rest to the case against his client once and for all.
“I am absolutely certain they have no intention to
appeal,” said James Lockyer. “They would look utterly ridiculous if they
did so and they know it.
“If you look at any of the wrongful convictions that
have happened in Canada, it always starts with something small and it
gets bigger and bigger,” added Lockyer, who is known for his work with
the Association in Defence of the Wrongfully Convicted. “Ultimately, all
of these cases seem to die the same way.”
Another supporter said Baltovich had waited too long
for exoneration.
“When the original trial was held, we were told that
it would be about two years for his appeal to be heard,” said Brian King,
a private investigator hired by the defence team.
“I believe that was in 1992. It's now 2008 and he
finally got his day in court today."
At Queen’s Park, Attorney General Chris Bentley said
prosecutors did the right thing in the Baltovich case.
“The crown took the appropriate course, which was to
quickly reassess the strength of the case, the prospects for it ... and
reached the determination that resulted today in a finding of not guilty,”
Bentley told reporters.
“Mr. Baltovich needed and deserved the verdict of not
guilty in light of the assessment, in light of the facts, the law and
the evidence,” Bentley added.
“I hope that he will now be able to get on with the
rest of his life with this matter behind him.”
Bentley said any compensation for Baltovich would
have to be a matter of future discussion.
“I will leave that issue to Mr. Baltovich, his
counsel and others for another day.”
Bentley sent his sympathies to Bain’s relatives, who
have no closure in the case.
“This is a tragedy for the Bain family ... it does
not end today for them.”
*****
‘No longer any
reasonable prospect of conviction’
Text of Crown attorney Philip Kotanen's statement
to the court this morning:
"Recent developments, including the cumulative effect
of the pre-trial evidentiary rulings rendered to date in this case,
other evidentiary issues, and changes to case law, have obliged the
Crown to seriously reconsider whether there remains a reasonable
prospect of conviction. We carefully weighed the evidence that was once
available to the prosecution, and what now remains as a result of the
evidence that was excluded in the pre-trial evidentiary rulings, and the
other factors listed above.
"I wish to advise you that, now having completed that
careful and detailed reassessment of the case, and having sought the
advice of senior colleagues in the ministry, it has become apparent that
there is no longer any reasonable prospect of conviction at this point.
As such, I am duty bound to discontinue this prosecution.
"Accordingly, the Crown will not call any evidence in
this matter. The murder of Elizabeth Bain was a horrendous and tragic
event that has had a devastating impact on the lives of her family and
friends. I can assure the family and the public that this decision has
only been taken following a careful and exhaustive review of the
evidence as it currently exists. However, as I have stated, the Crown
cannot proceed where there is no reasonable prospect of conviction.
Thank you for the opportunity to place these comments on the record."
Baltovich trial timeline
CBC News Online
April 22, 2008
In
June 1990, Robert Baltovich was 24 years old. A recent graduate from the
University of Toronto's Scarborough campus, he had majored in psychology.
He was hoping to land a summer job and spend some time considering
graduate school.
But
on June 19, his girlfriend, Elizabeth Bain, 22, vanished and Baltovich's
path changed forever. Two years later Baltovich was convicted of killing
Bain. Her body was never found.
Baltovich has always insisted he is innocent. During the original trial,
Baltovich's lawyers suggested the so-called "Scarborough rapist" might
have killed Bain. Several witnesses testified they saw Bain with a blond
man in the days before she vanished.
Today, police and the public know that rapist was Paul Bernardo. Since
Baltovich's original trial, media reports and a book have pointed out
links between Bernardo and Bain.
Baltovich was released on bail in 2000
pending an appeal. His legal team announced plans to introduce hard
evidence suggesting a link to Bernardo. In 2005, the Ontario Court of
Appeal overturned Baltovich's murder conviction and ordered a new trial.
When that case finally began in April, 2008, it ended on the very same
day. Moments after prosecutors said they'd be presenting no evidence
against Baltovich, a jury found him not guilty of the charge of second
degree murder.
April 22, 2008:
Robert Baltovich found not guilty by a Toronto jury on the first day of
his second trial for the murder of Elizabeth Bain. Crown prosecutors
began their submissions by announcing they would present no evidence,
despite earlier statements that they would call at least 50 witnesses.
July 15, 2005:
Ontario’s Ministry of the Attorney General announces that Baltovich will
face a new trial in the killing of Elizabeth Bain. He will face a charge
of second-degree murder.
December 2, 2004: The Ontario Court of Appeal
sets aside Baltovich's conviction and orders a new trial. The court
rules that the trial judge’s charge to the jury was unfair and
unbalanced and contained significant legal errors that were prejudicial
to Baltovich.Baltovich's lawyer had asked the Court of Appeal to
acquit his client. But the Court said it was not persuaded that an
acquittal was appropriate given that there is evidence upon which a
properly instructed jury could reasonably convict.
September 20, 2004:
The Ontario Court of Appeal begins a hearing into Robert Baltovich's
conviction in the death of Elizabeth Bain. It has been 12 years since he
was convicted at his original trial.
April 19, 2004:
Baltovich's appeal hearing is scheduled to begin, but is delayed until
September.
April 24, 2003:
Justice Marc Rosenberg rules that Baltovich's lawyer, James Lockyer,
cannot participate in the portion of the Baltovich appeal in which Paul
Bernardo is portrayed as the real killer of Elizabeth Bain. Bernardo,
supported by the Ontario Crown, had objected to Lockyer being involved
in the appeal because Lockyer had represented Bernardo in 1996-1997. A
compromise is struck: one of Baltovich's other lawyers, Brian Greenspan,
is to pursue the Bernardo-related aspects of the case, while Lockyer is
to represent Baltovich in all other aspects of the case.
March 31, 2000:
Exactly eight years after being convicted of murdering his girlfriend,
Robert Baltovich is released on bail, pending an appeal of his March 31,
1992, conviction. "It's a great feeling," Baltovich told reporters who
swarmed around as he walked down a busy street in downtown Toronto. "Jail
isn't a pleasant place." In his written reasons Justice Marc Rosenberg
said, "the case against the applicant was wholly circumstantial." He
added that Baltovich's lawyer, James Lockyer, had "urged me to approach
this case on the basis that there is a reasonable possibility that an
innocent man has been convicted."
March 15, 2000:
By this time, James Lockyer, the director of the Association in the
Defence of the Wrongly Convicted, has joined Baltovich's defence team.
On March 15, 2000, a 390-page defence brief is filed with the Ontario
Court of Appeal. During Baltovich's bail hearing, his lawyers argue
there is new evidence to suggest that he did not kill Elizabeth Bain.
They contend Paul Bernardo did it, and argue Baltovich must be released
on bail while he waits for his appeal.
Some details of the new evidence can't be revealed because of a
publication ban. But the private investigator in the case, Brian King,
described it at the time this way: "It's based on an overwhelming amount
of a lot of different things. Not just one thing like forensic evidence,
but say a combination of interviews and information that has come
forward since the trial."
1998:
The book No Claim to Mercy is published. Author Derek Finkle
presents details of the connection between Bain and Bernardo.
February 1997:
Baltovich's appeal is scheduled to begin, but it is postponed
indefinitely.
May 16, 1996:
Baltovich's lawyers file materials with the Ontario Court of Appeal. The
fat, sealed envelopes contain "fresh evidence" obtained by Baltovich's
defence team between 1992 and 1996. A 113-page memorandum is submitted
to the court in late May. It does not make reference to Paul Bernardo by
name, but says it is the position of the defence "that another
individual, other than the appellant, committed the offence." The
memorandum says the new evidence "relates to the evidence adduced at
trial concerning the 'Scarborough rapist.'"
Sept. 1, 1995:
Paul Bernardo is found guilty on nine charges relating to the deaths of
Leslie Mahaffy, Kristen French and Tammy Homolka. He is sentenced to a
life term in prison and is later declared a dangerous offender, which
effectively means he will never be let out.
February 1993:
Paul Bernardo is charged in connection with the Scarborough rapes.
Baltovich's lawyer asks a private investigator, Brian King, to focus on
evidence relating to Bernardo and any connection he may have had with
Elizabeth Bain. In October 1993, King tells the Toronto Star newspaper
that he has uncovered "startling" findings that could help free
Baltovich.
May 1992:
Baltovich's new lawyer, Brian Greenspan, files an appeal of the case.
The notice cites 22 grounds for why Baltovich's conviction should be set
aside, including problems with the judge's address to the jury and the
use of "hypnotically enhanced memory" testimony of witnesses. Baltovich
is denied bail pending his appeal.
March 31, 1992:
The jury finds Robert Baltovich guilty of second-degree murder.
Elizabeth's parents, Ricardo and Julita Bain, tell reporters they're
relieved by the verdict and say they hope Baltovich will tell
authorities where they can find Elizabeth's body. Baltovich is later
sentenced to life in prison.
Feb. 4, 1992:
Baltovich's first trial begins before Justice John O'Driscoll. The trial
lasts six weeks and jurors hear testimony from more than 100 witnesses.
The charge against Baltovich has been dropped to second-degree murder.
He pleads not guilty.
Crown Attorney John McMahon portrays Baltovich as a jealous and obsessed
boyfriend, who murdered Bain when she tried to break off their
relationship.
Baltovich's lawyer, William Gatward, argues that the evidence in the
case suggests someone other than his client could have killed Elizabeth,
including the "unidentified blond man" several witnesses had reportedly
seen her with before she disappeared. The possibility that the so-called
"Scarborough rapist" could have been involved is also raised. Gatward
tells the court that the rapist last struck in May 1990, and he had not
been known to have attacked anyone since Bain disappeared.
Nov. 19, 1990:
Five months to the day after Elizabeth Bain disappeared, Robert
Baltovich is arrested and charged with first-degree murder.
July 25, 1990:
Police search Baltovich's house and impound his car. They seize several
letters between Bain and Baltovich, some of his personal writings, a
magazine, and several items of his clothing. The Baltovichs' phone is
bugged.
July 11, 1990:
On what would have been Elizabeth Bain's 23rd birthday, her parents,
Ricardo and Julita Bain, hold a press conference in the backyard of
their suburban Toronto home. They beg her abductor to bring her home –
or reveal where her body may be found.
Summer 1990:
After Bain's disappearance, police, her family and volunteers conduct
massive searches of ravines, wooded areas and creeks throughout the
Toronto region. Elizabeth Bain's body has never been found.
Also during the summer of 1990, homicide investigators employ a
controversial method, "hypnotically enhanced memory," with several
witnesses who saw Bain or Baltovich before she disappeared. Witnesses
are hypnotized and questioned about their recollections.
June 24, 1990:
Baltovich provides police with forensic samples. Detective Sergeants
Steve Reesor and Brian Raybould interview him for several hours.
Afterwards, Reesor creates a list in which he cites 10 discrepancies he
finds with Baltovich's version of events.
June 22, 1990:
Bain's silver 1981 Toyota Tercel is found parked outside an auto body
shop just a kilometre from her home. There is a large bloodstain on the
floor of the backseat. The Metro Toronto Police homicide squad takes
over the investigation. Baltovich is put under surveillance.
June 20, 1990:
Julita Bain reports her daughter missing to police at 6:45 a.m.
Tuesday, June 19, 1990:
Elizabeth Bain, 22, vanishes sometime in the early evening. Her mother,
Julita Bain, says she last saw her daughter at 4 p.m. She says Elizabeth
left the house to "check the tennis schedule" at the University of
Toronto Scarborough campus.
