Pickton Found Guilty On Six Counts Of Second Degree Murder
December 5th, 2007. A small candlelight vigil is held for the victims at the corner of East Cordova and Columbia on Vancouver’s downtown Eastside.
The jury in the Pickton trial reached a verdict this morning. He was found guilty on six counts of second-degree murder. Pickton was, of course, originally charged with six counts of first-degree murder. In Canada, first-degree murder is defined as follows:
“First degree murder is a murder which is (1) planned and deliberate, (2) contracted, (3) where the victim is an identified peace officer (4) in the furtherance of another serious criminal offence (kidnapping, robbery, harassment, terrorist activity, or using explosives within criminal organizations, etc.).”
Therefore, having been found guilty of six counts of second-degree murder, the conviction finds Pickton innocent of premeditation. Given that he fed his victims to pigs, one has to ultimately wonder how that isn’t an act of premeditation when it was done repeatedly? Obviously, given the various unknowns that plagued the case, the jury was ultimately left with no other option than to find him guilty of a lesser charge.
In all, Pickton has been charged with the deaths of 26 women, to which he pleaded not guilty. Having been found guilty of these six murders, another trial will eventually take place regarding the remaining 19*.
The verdict reached this morning has to do with the deaths of:
Count 2, Mona Lee Wilson (born January 13, 1975), 26 when she was last seen on November 23, 2001. Reported Missing November 30, 2001.
Count 6, Andrea Joesbury, 22 when last seen in June 2001.
Count 7, Brenda Ann Wolfe, 32 when last seen in February 1999 and was reported missing in April 2000.
Count 16, Marnie Lee Frey, last seen August 1997.Vancouver Police Missing Persons Case #98-209922.
Count 11, Georgina Faith Papin, last seen in 1999.
Pickton has also been charged with murder in the first degree of:
Count 4, Dianne Rosemary Rock (born September 2, 1967), 34 when last seen on October 19, 2001. Reported missing December 13, 2001.
Count 5, Heather Kathleen Bottomley (born August 17, 1976), 25 when she was last seen (and reported missing) on April 17, 2001.
Count 8, Jennifer Lynn Furminger, last seen in 1999.
Count 9, Helen Mae Hallmark, last seen August 1997. Vancouver Police Missing Persons Case #98-226384.
Count 10, Patricia Rose Johnson, last seen in March 2001.
Count 12, Heather Chinnock, 30 when last seen in April 2001.
Count 13, Tanya Holyk, 23 when last seen in October 1996.
Count 14, Sherry Irving, 24 when last seen in 1997.
Count 15, Inga Monique Hall, 46 when last seen in February 1998.
Vancouver Police Missing Persons Case # 98-047919.
Count 17, Tiffany Drew, last seen December 1999.
Count 18, Sarah de Vries, last seen April 1998.
Count 19, Cynthia Feliks, last seen in December 1997.
Count 20, Angela Rebecca Jardine, last seen November 20,1998 between 3:30- 4p.m. at Oppenheimer Park at a rally in the downtown Eastside of Vancouver, British Columbia, Canada. Vancouver Police Missing Persons Case # 98.286097.
Count 21, Diana Melnick, last seen in December 1995.
*Count 22, Jane Doe (remains found but not identified)—charge lifted
Count 23, Debra Lynne Jones, last seen in December 2000.
Count 24, Wendy Crawford, last seen in December 1999.
Count 25, Kerry Koski, last seen in January 1998.
Count 26, Andrea Fay Borhaven, last seen in March 1997. Vancouver Police Missing Persons Case # 99.105703.
Count 27, Cara Louise Ellis aka Nicky Trimble (born April 13, 1971), 25 when last seen in 1996[16]. Reported missing October 2002.
Pickton has also been implicated, though not charged, in the murders of:
Yvonne Marie Boen (sometimes uses the surname England) (born November 30, 1967), 34 when last seen on March 16, 2001 and reported missing on March 21, 2001.
Dawn Teresa Crey, reported missing in December 2000
Two unidentified women
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December 9th, 2007 at 1:20 pm
I was just reading about this. It’s good to hear that some families can start having closure, although I do completely agree about the premeditation.
December 9th, 2007 at 1:24 pm
Can anyone tell me how or if this affects sentencing? Specifically, what the max sentences for first and second degree murder are.
December 9th, 2007 at 1:29 pm
Knowing some of the families sufferring these losses makes me wonder if they came down with a 1st degree verdict would it have really made any difference. I don’t know. My friend and brother of one of the victims wanted some sort of justice to be served, any kind of justice. I would like to thank you Matt, for sharing the names of these women. We always hear about the criminal and end up remembering their name and does no justice to the victims. I pray for all these families and that the Creator brings them peace. All my relations….
December 9th, 2007 at 1:30 pm
Closure is so important for all the people involved. Scary that is took so long to find out what was happening to so many people.
I wrote a sociology paper when Pickton first went to trial about the missing women, their friends and families struggles to be taken seriously and the relation to media and public reaction. My conclusions were sad. How many people currently have no idea about this trial and the circumstances are a little sad as well.
I wish that the media and in turn public would treat the victims with more respect, maybe if attitudes about the missing were different that list wouldn’t be so long.
December 9th, 2007 at 1:36 pm
[quote comment="35232"]Can anyone tell me how or if this affects sentencing? Specifically, what the max sentences for first and second degree murder are.[/quote]
This is at least what it says on globeandmail.com:
“The verdicts mean Mr. Pickton will still face a life sentence, but he could be eligible for parole in 10 years rather than the automatic 25 years a first-degree conviction calls for.”
“Immediately after the verdict, jurors retired, on the judge’s instructions, to decide if they had a recommendation on how long Mr. Pickton should have to wait to be eligible for parole.”
December 9th, 2007 at 1:38 pm
[quote comment="35235"]
This is at least what it says on globeandmail.com:
“The verdicts mean Mr. Pickton will still face a life sentence, but he could be eligible for parole in 10 years rather than the automatic 25 years a first-degree conviction calls for.”
“Immediately after the verdict, jurors retired, on the judge’s instructions, to decide if they had a recommendation on how long Mr. Pickton should have to wait to be eligible for parole.”[/quote]
Thanks, always nice to learn something new.
December 9th, 2007 at 2:02 pm
Could be wrong, I don’t really know, but I think the way it works is that he was charged with SIX life sentences (25 years each), one for each murder he was convicted of.
I’d be surprised if that information about him being possibly available for parole in only 10 years is accurate, doesn’t sound right. Maybe for ONE life sentence, but not six.
Again, I’m unsure, this is just my understanding, let me know if I’m right or wrong.
Nice to see an effort made to remember the victims and not their killer.
Thanks for that Matt.
December 9th, 2007 at 2:06 pm
The 10 years is correct, but keep in mind that only means the judge could allow him to apply for parole after 10 years. You’d have to think it unlikely he’d be granted parole at all. I think he’ll be a very old man if he ever gets out. It’s also unlikely he’ll get parole eligibility after 10 years - probably more like 20 to 25.
December 9th, 2007 at 2:14 pm
[quote comment="35239"]The 10 years is correct, but keep in mind that only means the judge could allow him to apply for parole after 10 years. You’d have to think it unlikely he’d be granted parole at all. I think he’ll be a very old man if he ever gets out.[/quote]
He’s already no spring chicken, and a scrawny one at that. He’ll very likely die in prison, maybe even before his first parole hearing… it’s disgusting to think that such a monster would even GET a parole hearing. Unless at each hearing, after getting a lawyer, and preparing his case for parole, the room will be packed with the families of his victims, and the head of the parole board tells him “Ha, ha, screw you! Like hell you’re ever gettin’ out of here!”
Not that that’ll ever hapen.
December 9th, 2007 at 2:29 pm
It depends if the judge decides to give consecutive or concurrent sentences. Concurrent sentences basically means a volume discount for murder. Unfortunately, the concurrent style of sentencing is much more common in Canada than consecutive sentences. The latter, would mean that Pickton would serve the sentence for the first murder, THEN the second, THEN the third and so on, rather than serving them all at the same time. I hope the judge has enough smarts to realize that this is the time to exercise his power to order consecutive sentences.
December 9th, 2007 at 3:32 pm
Consecutive sentences are much more common in many US states, where it is possible to serve multiple life sentences (which is somewhat paradoxical). In regards to premeditation, I think their belief would be that Pickton’s selection of the victims was more random than premeditated. Personally, I would agree with Matt and say that the violent and methodical killing of these victims would deem them to be first-degree murders.
As upset as some might be that Pickton is only serving second-degree sentences, it would be far more upsetting to see him successfully appeal a first-degree sentence (which would be harder to make a convincing case for if the jury did rule this way).
December 9th, 2007 at 7:46 pm
They can’t impose a sentence consecutive to imprisonment for life in Canada. He will die in prison though…I’m sure they’d find something else, such as a dangerous offender designation, to keep him in prison even after 25 years. However, I wonder who else out there had knowledge and/or participated in the murders and is still walking free.
I hope the families and friends of some of the victims can finally sleep peacefully tonight.
December 9th, 2007 at 8:10 pm
I can not see how it was not premeditated. Was he not “bragging” while in Remand to his cellmate about a certain number he was trying to attain (regarding his victim selection & murder) and then was going to “call it quits” but “got sloppy.”
Seems to me if you have “goal” as far as committing a certain offense, it makes it hard to be spontaneous. The psychopathy of this offender is unreal.
December 9th, 2007 at 8:34 pm
I hope two things.
1. That Pickton dies in prison.
2. That somehow the mayor and the chief of police at the time of the murders are made to pay for failing to act and protect these women. Many are dead because of the inaction of these two men.
December 9th, 2007 at 9:00 pm
One wonders how such “monsters” are made…
December 9th, 2007 at 9:26 pm
Quoting Dan Lilly:
“1. That Pickton dies in prison.”
Working for CSC, I think he probably will spend every moment of the rest of his life in prison. After his initial parole hearing, his parole would be reviewed every couple of years….and every time it can be denied. Even a D.O. status is reviewed. It will all depend on his convictions, of course, his institutional behviour and involvement in programming. Personally, I don’t believe any program in the world can change his behaviour or thinking. I hope someday the NPB remembers how horrific his crimes were and keep him behind bars where he belongs.
December 9th, 2007 at 9:38 pm
I am just glad he was found guilty. I’ve been following the trial on cbc radio and from what I could tell from the evidence presented at trial I don’t think the prosecution ever stood a chance of getting a first degree conviction. Based on the outcome of this trial am interested in seeing how and when the second trial for the remaining 20 victims will take place. Does anyone know if the appeals proccess will happen before or after the next trial? If the appeals process occurs before the second trial, how long could it be before the second trial would actually take place?
December 9th, 2007 at 10:25 pm
I’m guessing that once the trial for the other victims goes through, Pickton could be facing consecutive jail sentences, rather than the concurrent sentences most multi-offenders get. That means he’d be serving his time for this case, followed immediately by whatever jail time he’d get if found guilty for the other murders.
That’s a lot of time behind bars. Call it strange, but it’s times like this that remind me why we don’t have the death penalty. Given the gravity of the case, if the death penalty still existed, its use would have pretty much been assured in this case. Fortunately, Pickton will be facing a long, lonely existence in prison, rather than a death steeped in vengeance.
In observing the proceedings, it seemed that without the death penalty, people focused on remembering the victims rather than violently punishing the offender. And that, in no small way, is a very good thing. Justice is never perfect, but I think this one time, they may have gotten it right.
December 10th, 2007 at 12:20 am
There may be questions respecting 1st or 2nd degree murder, but at least he will spend the rest of his miserable life in prison.
December 10th, 2007 at 7:14 am
It’s unfortunate that the prosecution was unable to make a convincing enough case for 1st degree Hopefully they get 1st degree on the rest of the charges.
December 10th, 2007 at 8:39 am
Thats horrible, I often wonder what goes through the mind of a serial killer, and what brings them to do such awful things. I read about one serial killer, and the things he did to people was just disturbing, think his name was Anatoly Onopienko. Jeffrey Dahmer was pretty bad too. I just dont get how those people work. But on a lighter note, i hope this Pickton guy gets locked up forever!
December 10th, 2007 at 7:46 pm
You see fewer guiltier looking bastards than Pickton. A greasy, greasy bugger with a pig farm, there’s a classic psycho archtype.
Hope the sentence gives closure to the victim’s families, aside from getting to see his head on a pike they can’t get much more.
December 10th, 2007 at 8:56 pm
This trial and subsequent conviction for the lesser included offence of 2nd Degree should serve notice on Canada that something is terribly wrong. This was a jury of “our peers” (certainly not mine, however.) They are not required to give any reasons or rationale for their decision and could have, if they decided, found Pickton guilty of 1st degree (lord knows it would be fitting).
I place some of the blame for this travesty on the Judge and his instructions to the jury. This took four hours! Not to be overly simplistic, but the Judge should simply say, “So, what do you think?” The cases had been set out by the respective parties, they made their arguments, the jury should have taken notes and had the opportunity to review the evidence. The only way to appeal the decision of a jury trial is to find fault with the instructions to the jury, it’s like we want to set it up to fail.
True, Pickton will serve a life sentence (no need for a DO designation and there is no such thing in Canada as consecutive life sentences) but this guy was found guilty of the same offence as Robert Latimer! Not that I am defending Latimer, but I hope you see my point.
I have to stop writing, there is so much wrong with this I just can’t continue to rant.
December 11th, 2007 at 8:22 am
I’m wondering if he’ll see protective custody in prison or if he’ll walk with the general population. In my opinion he won’t last long if he’s in with the crowd. Some may think that this would be seen as him “getting what’s coming to him” and I’m sure that somewhere in our max security prisons that there are prisoners that are eagerly anticipating his arrival…hell they could probably be reading this post too. For this guy to have gotten away with murder after murder for as long as he did is in my opinion totally inexcusable. The police and city officials should have done more and sooner.
December 11th, 2007 at 3:02 pm
I think you have a point, fleeter. There needs to be an inquiry into why the police dragged their feet for so long on their investigation. You can be sure if the victims were from Point Grey instead of the Downtown Eastside, the police would have spared no effort.
December 11th, 2007 at 4:08 pm
Most likely will be in p.c. or segregated when he is Pen. placed initially to a maximum institution. Over the years though, that could change as other high profile maximum inmates do live in general population.
December 11th, 2007 at 8:26 pm
In my haste to write last night, I incorrectly wrote that the charge to the jury took four hours. I mis-wrote: it should have been four DAYS. My apologies.
December 11th, 2007 at 8:50 pm
[quote comment="35357"]I think you have a point, fleeter. There needs to be an inquiry into why the police dragged their feet for so long on their investigation. You can be sure if the victims were from Point Grey instead of the Downtown Eastside, the police would have spared no effort.[/quote]
While I am sure that every cynic out there will be now looking at someone else to blame (the police AGAIN) I can’t help but wonder what people expect. True, there were a lot of people that went missing but it was over a long time and the missing people (prostitutes, drug addicts, runaways etc.) are notoriously transient in nature.
How would it be possible for any investigator to guess, because that’s what it would be in the absence of evidence (a body, for example?) to (1) believe that the missing people were murdered, (2) suspect that they were the victim of one person, and (3) know that they were all connected?
This was the first instance that anyone would have ever dealt with something of this nature. Olsen’s victims were kids and not prone to disappearance, and Bernardo (the closest Canadian comparison) was caught only in the mid 90’s, and he wasn’t even charged with all the crimes he was suspected of committing. Now, in Alberta, thanks to the lessons of Pickton, Project KARE is up and running and they have possibly arrested the person responsible for many of the murders of the prositutes here.
Were mistakes made? Of course. Was it something that could have been avoided? Probably not. That’s the cost of living in a free country. The government doesn’t have everyone under surveillance (imagine the reaction then?) and as far as I know the crystal ball has yet to be perfected.
Learning from your mistakes means acknowledging that they were made and accepting responsibility. Don Adam (primary investigator on Pickton) has said as much. A Public Inquiry is the typical Canadian response and I can’t see how it will help anything. It will simply cost millions (and this event has already cost enough) and do nothing except review the investigation.
And the analogy in your final sentence (I am unfamiliar with Point Grey) seems weak to me. I am assuming it is the Upper Class vs. Lower Class disappearing? Well, the answer is quite obvious: if your lifestyle is such that you are not transient, you have a regular job, obligations etc. then your absence will be more readily noticed. As callous as it sounds, Pickton’s victims were not. Hell, some of the families hadn’t had contact with the victims for some time. What else can you do?
December 14th, 2007 at 7:51 pm
To the young women whose lives were taken by such a monster: let us never forget! And more importantly, let us never judge.
As for Pickton, jail is all too kind. A pig pen full of starving pigs and hogs would be more suitable and seating for those who want to watch him scream for his own life….that might work.
What bothers me most about this case and others like it, is that we are so kind and considerate to the predators. We are always so fair! We protect these monsters after they have forever taken the victim, or not, maybe “just raped and assulted”. Our “fair system” seems to forget their children, their spouses, their siblings, their parents, their friends and their co-workers. Our “fair system” seems to forget that all of these people are forever changed! That one predator becomes empowered by the simple fact that they have made an indelible mark on society as a whole and most have absolutely no regret!. So why do we need to be fair on such an obvious case? The children, spouses, siblings, parents, friends and co-workers will never think, be or live the same again. So in essence, Pickton is guilty of much, much more.
As a mother of two young girls, I’m not sure you could hold me back. So kudos to all the families for their strength in enduring our fucked up system and may the find peace.
December 14th, 2007 at 8:25 pm
The police are well acquainted with the Downtown Eastside, and will probably find out about it pretty quickly if someone is missing, let alone all these missing women. In fact, women were still disappearing from the Downtown Eastside when they knew it was a problem. They knew they were missing for ages before getting serous about it.
In any event, we see it again and again, for both victims and defendants in our justice system. One standard of service for the wealthy, and one for the poor. You remember the kid McMynn who was kidnapped a couple of years ago? Ask yourself how much the police must have spent on his case, and contrast that to how much they spent on the missing women. Not that they shouldn’t have helped the McMynn family, but rather that they should have put forth a similar effort in finding the missing women.
Disappointingly it is true that public inquiries rarely result in meaningful change, but it certainly increases the chances of it happening.