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Man acquitted after 27 years in prison
Appeal Court.
"This is kind of overwhelming," he told reporters after the ruling was handed down, adding that he is not angry about his 27 year incarceration because it "wouldn't do any good."
"I'd like to say to people who are still incarcerated, Don't give up. Keep plugging ahead and work to get out and to cartier ring necklace copy learn what society's all about. It's not all a dirty world. We're all here to try and help each other."'
The appeal court love ring necklace replica heard that Henry's 1983 trial included a number replica pendant love of mistakes both by Crown prosecutors and by the judge.
Crown lawyers admitted that evidence had not been disclosed to Henry at his trial. The evidence included at least 30 statements by police and witnesses.
Several of those statements contradicted other evidence used to convict Henry, according to his current lawyer David Layton.
The court of appeal heard that officers placed Henry in a choke hold while victims selected him out of a line up of possible suspects. A photo of one cartier chain necklace copy of the line ups shows Henry being restrained by three uniformed police officers beside other possible suspects, some of whom are grinning.
There was evidence that Henry was suffering from mental health problems during his trial, although he was permitted to represent himself.
Sperm samples from some women were never disclosed, and Henry's lawyers argued that a blood test could have proven their client was innocent.
The Crown said that Henry would likely be found not guilty if he were to face a new trial.
"The trial judge erred by instructing the jurors that they could infer consciousness of guilt from resistance of the appellant to participation in the lineup conducted by police on May 12, 1982," Justice Richard Low wrote as part of the unanimous decision by a three judge panel.
"The evidence as a whole was incapable of proving the element of identification on any of the 10 counts and verdicts were unreasonable."
Henry, who is now 63, has maintained his innocence since his conviction for rape and indecent assault.
While in jail he submitted more than 50 applications to have his case reconsidered, but his requests went unanswered according to one of his lawyers.
"This was not someone who just sat quietly in jail," Marilyn Sandford said outside the courthouse. "He brought application after application to the courts."
"It's a systemic problem that for some reason nobody listened," she said, adding that it was "shocking" how many times he had asked unsuccessfully to see witness statements that were withheld from him at trial.
The Crown reopened his case last year, citing concerns about a possible miscarriage of justice. That prompted Henry's release on strict bail conditions, including a curfew and an electronic ankle bracelet.
At the time of his arrest in 1982, Henry was on mandatory supervision stemming from a 1977 attempted rape conviction in Winnipeg, for which he was sentenced to five years in prison.
Henry and his lawyers would not comment on whether they will seek compensation for his wrongful conviction. Based on past cases, he could be eligible for a multi million dollar compensation package.in concern of cartier bracelet pink gold screw imitation up-to-date trend news introduce grant
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Appeal Court.
"This is kind of overwhelming," he told reporters after the ruling was handed down, adding that he is not angry about his 27 year incarceration because it "wouldn't do any good."
"I'd like to say to people who are still incarcerated, Don't give up. Keep plugging ahead and work to get out and to cartier ring necklace copy learn what society's all about. It's not all a dirty world. We're all here to try and help each other."'
The appeal court love ring necklace replica heard that Henry's 1983 trial included a number replica pendant love of mistakes both by Crown prosecutors and by the judge.
Crown lawyers admitted that evidence had not been disclosed to Henry at his trial. The evidence included at least 30 statements by police and witnesses.
Several of those statements contradicted other evidence used to convict Henry, according to his current lawyer David Layton.
The court of appeal heard that officers placed Henry in a choke hold while victims selected him out of a line up of possible suspects. A photo of one cartier chain necklace copy of the line ups shows Henry being restrained by three uniformed police officers beside other possible suspects, some of whom are grinning.
There was evidence that Henry was suffering from mental health problems during his trial, although he was permitted to represent himself.
Sperm samples from some women were never disclosed, and Henry's lawyers argued that a blood test could have proven their client was innocent.
The Crown said that Henry would likely be found not guilty if he were to face a new trial.
"The trial judge erred by instructing the jurors that they could infer consciousness of guilt from resistance of the appellant to participation in the lineup conducted by police on May 12, 1982," Justice Richard Low wrote as part of the unanimous decision by a three judge panel.
"The evidence as a whole was incapable of proving the element of identification on any of the 10 counts and verdicts were unreasonable."
Henry, who is now 63, has maintained his innocence since his conviction for rape and indecent assault.
While in jail he submitted more than 50 applications to have his case reconsidered, but his requests went unanswered according to one of his lawyers.
"This was not someone who just sat quietly in jail," Marilyn Sandford said outside the courthouse. "He brought application after application to the courts."
"It's a systemic problem that for some reason nobody listened," she said, adding that it was "shocking" how many times he had asked unsuccessfully to see witness statements that were withheld from him at trial.
The Crown reopened his case last year, citing concerns about a possible miscarriage of justice. That prompted Henry's release on strict bail conditions, including a curfew and an electronic ankle bracelet.
At the time of his arrest in 1982, Henry was on mandatory supervision stemming from a 1977 attempted rape conviction in Winnipeg, for which he was sentenced to five years in prison.
Henry and his lawyers would not comment on whether they will seek compensation for his wrongful conviction. Based on past cases, he could be eligible for a multi million dollar compensation package.
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