Latest news with #SusanKaminsky
Yahoo
24-05-2025
- Yahoo
Review of Sobotiak murder conviction revealed undisclosed police evidence, court filing says
The murder conviction stemming from the 1987 disappearance of an Edmonton woman has been thrown out, in part because there was undisclosed evidence from the police investigation. Roy Sobotiak's lawyers filed written arguments in support of his bail application on Friday, which shed light on issues they raised with the investigation and trial that ended in 1991, convicting Sobotiak of second-degree murder in the death of Susan Kaminsky. Namely, they outline issues around undisclosed evidence, an undercover "Mr. Big" police operation in the late 1980s and additional forensic evidence linked to the case — some of which was discovered after Sobotiak's conviction. "In 1991, the case against Mr. Sobotiak was seemingly very strong. He was with Ms. Kaminsky the night before her disappearance and it was believed that she never left his mother's house alive because of his confessions to [the undercover officer] and his further confession on arrest," the brief says. "Today, the factual landscape has fundamentally changed. There is a reasonable likelihood that the murder charge will be stayed on account of non-disclosure and/or due to the manner in which the Mr. Big operation was conducted." Kaminsky, a 34-year-old mother, vanished in February 1987 and her body was never found. Sobotiak, who was in his early 20s at the time, was the last known person to see her alive. He had told police that Kaminsky drove him home from his mother's house, where the two had spent time together after running into each other at a bar after midnight. The federal justice minister ordered a new trial for Sobotiak this year, nearly 36 years after Sobotiak was arrested and imprisoned. Court of King's Bench Justice Eric Macklin granted Sobotiak's release Friday. He is under a curfew and other court-ordered conditions. James Lockyer, a founding director of Innocence Canada and one of Sobotiak's lawyers, called him "the longest-serving wrongly convicted man in Canadian history." He noted the only other comparable case is Romeo Phillion, who spent nearly 32 years in prison before his murder conviction was quashed in 2003. A new trial was also ordered in that case, but Crown prosecutors in Ontario withdrew the murder charge against him in 2010. Sobotiak, now 61, applied for the justice minister to review his conviction, Lockyer told the court. A subsequent investigation by federal officials unearthed undisclosed evidence from police files, including evidence of other possible suspects in Kaminsky's disappearance, according to a written memorandum from Sobotiak's legal team. "Its impact on the outcome of the applicant's trial and the fairness of his trial had to be assessed," the brief says. The document, filed in the Court of King's Bench earlier this month, says the lawyers can't disclose specifics from the investigative report due to a confidentiality agreement. Sobotiak's lawyers argued the Mr. Big operation that was used to elicit Sobotiak's original confession was abusive, and can't stand up to legal scrutiny. In a Mr. Big sting, undercover police officers draw a suspect into a fictitious criminal organization. A Supreme Court of Canada ruling in 2014 set new standards for how this evidence can be used, with stricter rules about the legal admissibility of confessions made during these kinds of investigations. In this case, the written arguments say, the operation came with implicit threats of violence and induced Sobotiak to confess by portraying membership in the fake criminal group as a path to emotional and financial security. "The officers preyed on his vulnerabilities: his poverty, his mental health problems and his addictions," the brief says. "It is surprising that Mr. Sobotiak held out as long as he did." Sobotiak consistently denied any involvement in Kaminsky's disappearance over nearly 11 months of the Mr. Big sting — which started after police investigated Sobotiak through surveillance, wiretaps and a police informant who lived with him for several months. Details of the investigation were revealed in court during the original trial. Starting in October 1988, an undercover Edmonton Police Service detective befriended Sobotiak and took him along to staged drug deals and fake scouting trips to search for places to hide a dead body. The detective also bought Sobotiak food and alcohol, and paid him for being a "lookout" during drug transactions. By September 1989, police decided to try getting Sobotiak drunk "to see if it would cause him to 'say something.'" The undercover officer then pushed for details about Kaminsky's death in a hotel room, while Sobotiak drank an entire 26-ounce bottle of vodka. WATCH | Edmonton man gets bail with murder conviction overturned after 36 years in prison: In the videotaped meeting, Sobotiak becomes visibly intoxicated. The officer continued to press him with statements including, "'Our circle' knew he had killed Kaminsky and he needed to be honest if he wanted to be in their organization." Sobotiak then "adopted" the officer's suggestion that Kaminsky died by accident, the lawyers' brief says. He said she fell and broke her neck while he was trying to carry her down the stairs at his mother's house. The undercover detective prompted Sobotiak for details of Kaminsky's death in three more meetings over the following week. Sobotiak told a variety of stories, first repeating the death was an accident but adding that he'd transported her body from his mother's home in a duffel bag, dismembered it in his apartment, and disposed of it in two dumpsters. Then, he said he'd strangled her after a sexual encounter. The fourth and final time, after the officer told Sobotiak about "the importance of his confession as a means of entry into their criminal organization," he repeated the story, claiming he "just went berserk." Sobotiak was arrested the next day. The man he had been spending time with was officially revealed to him as a police officer. There's limited evidence about what was disclosed during Sobotiak's original trial, since the Crown and former defence lawyer's files have been destroyed, according to the brief filed in court. But the brief alleges "substantial" non-disclosure of evidence, saying the "most striking" examples are statements Sobotiak's mother and sister gave to police that suggested Kaminsky was alive when she left the home, before she disappeared. Another witness told police she saw a woman who resembled Kaminsky walking with a man, who wasn't Sobotiak, later on the day she disappeared — after the time police contended Sobotiak killed her. A young neighbour also told police about possible sightings of Kaminsky and her car on that day, later than the time Sobotiak told the undercover police officer he killed her. "Their statements would have undermined the veracity of Mr. Sobotiak's Mr. Big confessions and his further confession on arrest," the brief says. During the original trial, the defence received a police investigation report that mentioned "several ex-boyfriends" of Kaminsky had allegedly been violent to her, including one who an RCMP officer suggested should be considered a suspect in her disappearance. "No further information was provided about these partners of Ms. Kaminsky and what steps were taken to investigate them," the brief says. It adds that DNA analysis done in 2023 also doesn't support claims Sobotiak made during his confession in the Mr. Big sting, about putting Kaminsky's body in a duffel bag he owned and dismembering her in his apartment. The Alberta Crown Prosecution Service has yet to make a decision about whether they will put Sobotiak on trial a second time, nearly four decades after Kaminsky disappeared. The province has applied for a judicial review of the decision to order a new trial. There's no date yet when it might be heard in Federal Court, and Sobotiak's lawyers say it could take years to resolve.
CBC
24-05-2025
- CBC
Review of Sobotiak murder conviction revealed undisclosed police evidence, court filing says
Social Sharing The murder conviction stemming from the 1987 disappearance of an Edmonton woman has been thrown out, in part because there was undisclosed evidence from the police investigation. Roy Sobotiak's lawyers filed written arguments in support of his bail application on Friday, which shed light on issues they raised with the investigation and trial that ended in 1991, convicting Sobotiak of second-degree murder in the death of Susan Kaminsky. Namely, they outline issues around undisclosed evidence, an undercover "Mr. Big" police operation in the late 1980s and additional forensic evidence linked to the case — some of which was discovered after Sobotiak's conviction. "In 1991, the case against Mr. Sobotiak was seemingly very strong. He was with Ms. Kaminsky the night before her disappearance and it was believed that she never left his mother's house alive because of his confessions to [the undercover officer] and his further confession on arrest," the brief says. "Today, the factual landscape has fundamentally changed. There is a reasonable likelihood that the murder charge will be stayed on account of non-disclosure and/or due to the manner in which the Mr. Big operation was conducted." Kaminsky, a 34-year-old mother, vanished in February 1987 and her body was never found. Sobotiak, who was in his early 20s at the time, was the last known person to see her alive. He had told police that Kaminsky drove him home from his mother's house, where the two had spent time together after running into each other at a bar after midnight. The federal justice minister ordered a new trial for Sobotiak this year, nearly 36 years after Sobotiak was arrested and imprisoned. Court of King's Bench Justice Eric Macklin granted Sobotiak's release Friday. He is under a curfew and other court-ordered conditions. James Lockyer, a founding director of Innocence Canada and one of Sobotiak's lawyers, called him "the longest-serving wrongly convicted man in Canadian history." He noted the only other comparable case is Romeo Phillion, who spent nearly 32 years in prison before his murder conviction was quashed in 2003. A new trial was also ordered in that case, but Crown prosecutors in Ontario withdrew the murder charge against him in 2010. Sobotiak, now 61, applied for the justice minister to review his conviction, Lockyer told the court. A subsequent investigation by federal officials unearthed undisclosed evidence from police files, including evidence of other possible suspects in Kaminsky's disappearance, according to a written memorandum from Sobotiak's legal team. "Its impact on the outcome of the applicant's trial and the fairness of his trial had to be assessed," the brief says. The document, filed in the Court of King's Bench earlier this month, says the lawyers can't disclose specifics from the investigative report due to a confidentiality agreement. 'Mr. Big' investigation Sobotiak's lawyers argued the Mr. Big operation that was used to elicit Sobotiak's original confession was abusive, and can't stand up to legal scrutiny. In a Mr. Big sting, undercover police officers draw a suspect into a fictitious criminal organization. A Supreme Court of Canada ruling in 2014 set new standards for how this evidence can be used, with stricter rules about the legal admissibility of confessions made during these kinds of investigations. In this case, the written arguments say, the operation came with implicit threats of violence and induced Sobotiak to confess by portraying membership in the fake criminal group as a path to emotional and financial security. "The officers preyed on his vulnerabilities: his poverty, his mental health problems and his addictions," the brief says. "It is surprising that Mr. Sobotiak held out as long as he did." Sobotiak consistently denied any involvement in Kaminsky's disappearance over nearly 11 months of the Mr. Big sting — which started after police investigated Sobotiak through surveillance, wiretaps and a police informant who lived with him for several months. Details of the investigation were revealed in court during the original trial. Starting in October 1988, an undercover Edmonton Police Service detective befriended Sobotiak and took him along to staged drug deals and fake scouting trips to search for places to hide a dead body. The detective also bought Sobotiak food and alcohol, and paid him for being a "lookout" during drug transactions. By September 1989, police decided to try getting Sobotiak drunk "to see if it would cause him to 'say something.'" The undercover officer then pushed for details about Kaminsky's death in a hotel room, while Sobotiak drank an entire 26-ounce bottle of vodka. WATCH | Edmonton man gets bail with murder conviction overturned after 36 years in prison: Edmonton man gets bail with murder conviction overturned after 36 years behind bars 17 hours ago Duration 1:28 In the videotaped meeting, Sobotiak becomes visibly intoxicated. The officer continued to press him with statements including, "'Our circle' knew he had killed Kaminsky and he needed to be honest if he wanted to be in their organization." Sobotiak then "adopted" the officer's suggestion that Kaminsky died by accident, the lawyers' brief says. He said she fell and broke her neck while he was trying to carry her down the stairs at his mother's house. The undercover detective prompted Sobotiak for details of Kaminsky's death in three more meetings over the following week. Sobotiak told a variety of stories, first repeating the death was an accident but adding that he'd transported her body from his mother's home in a duffel bag, dismembered it in his apartment, and disposed of it in two dumpsters. Then, he said he'd strangled her after a sexual encounter. The fourth and final time, after the officer told Sobotiak about "the importance of his confession as a means of entry into their criminal organization," he repeated the story, claiming he "just went berserk." Sobotiak was arrested the next day. The man he had been spending time with was officially revealed to him as a police officer. Questions over witness statement disclosure There's limited evidence about what was disclosed during Sobotiak's original trial, since the Crown and former defence lawyer's files have been destroyed, according to the brief filed in court. But the brief alleges "substantial" non-disclosure of evidence, saying the "most striking" examples are statements Sobotiak's mother and sister gave to police that suggested Kaminsky was alive when she left the home, before she disappeared. Another witness told police she saw a woman who resembled Kaminsky walking with a man, who wasn't Sobotiak, later on the day she disappeared — after the time police contended Sobotiak killed her. A young neighbour also told police about possible sightings of Kaminsky and her car on that day, later than the time Sobotiak told the undercover police officer he killed her. "Their statements would have undermined the veracity of Mr. Sobotiak's Mr. Big confessions and his further confession on arrest," the brief says. During the original trial, the defence received a police investigation report that mentioned "several ex-boyfriends" of Kaminsky had allegedly been violent to her, including one who an RCMP officer suggested should be considered a suspect in her disappearance. "No further information was provided about these partners of Ms. Kaminsky and what steps were taken to investigate them," the brief says. It adds that DNA analysis done in 2023 also doesn't support claims Sobotiak made during his confession in the Mr. Big sting, about putting Kaminsky's body in a duffel bag he owned and dismembering her in his apartment. The Alberta Crown Prosecution Service has yet to make a decision about whether they will put Sobotiak on trial a second time, nearly four decades after Kaminsky disappeared. The province has applied for a judicial review of the decision to order a new trial. There's no date yet when it might be heard in Federal Court, and Sobotiak's lawyers say it could take years to resolve.
Yahoo
24-05-2025
- Yahoo
Edmonton man gets bail with murder conviction overturned after 36 years behind bars
Roy Sobotiak was convicted of second-degree murder in the 1987 killing of Edmonton mother Susan Kaminsky. But after the federal justice minister ordered a new trial this year, a judge granted Sobotiak's release on Friday, saying he is now considered legally innocent.
CBC
23-05-2025
- CBC
Edmonton man gets bail with murder conviction overturned after 36 years behind bars
Roy Sobotiak was convicted of second-degree murder in the 1987 killing of Edmonton mother Susan Kaminsky. But after the federal justice minister ordered a new trial this year, a judge granted Sobotiak's release on Friday, saying he is now considered legally innocent.
Edmonton Journal
23-05-2025
- Edmonton Journal
Roy Sobotiak, Canada's longest-serving wrongfully convicted prisoner, granted bail after 35 years for Edmonton woman's murder
Sobotiak, 61, was released from custody for the first time since his 1989 arrest for the murder of Susan Kaminsky Get the latest from Jonny Wakefield straight to your inbox Roy Sobotiak, seen before his incarceration for the 1987 murder of Susan Kaminsky, was released from prison May 23, 2025, after the federal justice minister concluded he may have been wrongfully convicted. It remains to be seen whether the Alberta Crown will retry him for the crime. The Roy Sobotiak who walked into an Edmonton courtroom this week barely resembled the man in the photo that has accompanied news articles about his case for 35 years. The young man in the photo had dark brown hair, brown eyes, the barest trace of stubble. The man in court was grey — his long hair falling from the bare crown of his head to his neck. He wore a handlebar moustache, and a Cross on a necklace over a half-unzipped prisoner's jumpsuit. He furrowed his brow and smiled faintly as he sat in the prisoner's box, awaiting the judge. This advertisement has not loaded yet, but your article continues below. THIS CONTENT IS RESERVED FOR SUBSCRIBERS ONLY Subscribe now to read the latest news in your city and across Canada. Exclusive articles by David Staples, Keith Gerein and others, Oilers news from Cult of Hockey, Ask EJ Anything features, the Noon News Roundup and Under the Dome newsletters. Unlimited online access to Edmonton Journal and 15 news sites with one account. Edmonton Journal ePaper, an electronic replica of the print edition to view on any device, share and comment on. Daily puzzles, including the New York Times Crossword. Support local journalism. SUBSCRIBE TO UNLOCK MORE ARTICLES Subscribe now to read the latest news in your city and across Canada. Exclusive articles by David Staples, Keith Gerein and others, Oilers news from Cult of Hockey, Ask EJ Anything features, the Noon News Roundup and Under the Dome newsletters. Unlimited online access to Edmonton Journal and 15 news sites with one account. Edmonton Journal ePaper, an electronic replica of the print edition to view on any device, share and comment on. Daily puzzles, including the New York Times Crossword. Support local journalism. REGISTER / SIGN IN TO UNLOCK MORE ARTICLES Create an account or sign in to continue with your reading experience. Access articles from across Canada with one account. Share your thoughts and join the conversation in the comments. Enjoy additional articles per month. Get email updates from your favourite authors. THIS ARTICLE IS FREE TO READ REGISTER TO UNLOCK. Create an account or sign in to continue with your reading experience. Access articles from across Canada with one account Share your thoughts and join the conversation in the comments Enjoy additional articles per month Get email updates from your favourite authors On Friday, Sobotiak, 61, was granted release from custody for the first time since his 1989 arrest for the murder of Susan Kaminsky. Earlier this year, then-federal Justice Minister Arif Virani tossed Sobotiak's conviction and ordered a new trial, saying a review of the case suggested Sobotiak was wrongfully convicted. Sobotiak's lawyers say he is the longest-serving wrongfully convicted prisoner in Canadian history. 'When he went in, Mr. Sobotiak said to me a couple days ago, cellphones only fit in briefcases,' defence lawyer James Lockyer told Court of King's Bench Justice Eric Macklin. 'One of the lawyers here was four years old when he went into custody.' Lockyer said the Alberta Crown — which is challenging Virani's decision overturning the conviction — has yet to decide whether it will retry Sobotiak. In the interim, Sobotiak plans to live in a group home in Fort McMurray. Get the latest headlines, breaking news and columns. By signing up you consent to receive the above newsletter from Postmedia Network Inc. Please try again This advertisement has not loaded yet, but your article continues below. Macklin said as it stands, Sobotiak is legally innocent. He declined the Crown's request to order Sobotiak remain on house arrest, saying it was 'n either necessary nor reasonable in the circumstances.' Victim's body never found Sobotiak was convicted of second-degree murder July 11, 1991, for the death of Kaminsky, who went missing in 1987 and has never been found. Kaminsky — Sobotiak's one-time babysitter — spent the evening before her disappearance with Sobotiak and his mother. She was 34. Police arrested Sobotiak for first-degree murder in 1989. Jurors found him guilty after a trial that hinged in part on video of Sobotiak admitting he killed Kaminsky. Sobotiak recently filed an application for a review of his case under section 696 of the Criminal Code. The federal justice minister, in a first, asked Innocence Canada to take on the case to ensure Sobotiak had legal counsel. The organization has helped exonerate 30 people, including David Milgaard. This advertisement has not loaded yet, but your article continues below. Virani, who was advised by a judge, later filed a 166-page report revealing problems with evidence disclosure and 'forensic issues' in the case. The Alberta Crown Prosecution Service's response 'strongly resisted, as strongly as you can imagine,' the minister's conclusions, Lockyer said. Lockyer said the fact the federal ministry decided to set aside the conviction is telling, noting they're 'hardly friends of Mr. Sobotiak.' 'They're prosecutors,' he said. Concerning behaviour in prison: Crown Alberta Crown prosecutor Joanne Dartana agreed to Sobotiak's release but said he should remain on house arrest. She cited information from parole board reports and psychological assessments which found Sobotiak engaged in 'aggressive and violent sexual fantasies' and other concerning behaviour toward female corrections staff. This advertisement has not loaded yet, but your article continues below. He also allegedly possessed 'graphic' sexualized content, some of it homemade, some involving children, she said. Lockyer acknowledged the Crown painted a 'pretty unpleasant picture' of his client, but stressed Sobotiak has been in an ' unnatural environment' since he was 26. '(He has) insisted since Day 1 he shouldn't be there in the first place,' Lockyer said. 'It's hard to imagine the pressures he's been under for all those years.' He added: 'What's surprising, perhaps, and should be known, is he has not been charged with a street charge in 36 years of extreme frustration.' Lockyer opposed house arrest, saying it would 'swap one prison for another.' Macklin said the Crown's concerns could largely be addressed short of house arrest, with conditions such as curfews and residence requirements. He said putting Sobotiak on house arrest would be ' tantamount to substituting one prison, albeit a more relaxed one with a different jailer, for another.' This advertisement has not loaded yet, but your article continues below. The judge also made a point of criticizing the Edmonton Remand Centre, saying it was 'entirely inappropriate' Sobotiak was not provided street clothes before Friday's hearing. Sobotiak owns no non prison-issue clothing and ' hasn't got a penny to his name,' Lockyer said, noting Innocence Canada will be providing Sobotiak a 'reasonably substantial amount of money' to start rebuilding his life. Prior to Virani's decision, Sobotiak was incarcerated at Bowden Institution, located roughly 192 kilometres south of Edmonton. Before Sobotiak, the longest-serving wrongfully convicted person in Canadian history was Romeo Phillion, who spent more than 32 years in prison. jwakefield@ @ Read More Bookmark our website and support our journalism: Don't miss the news you need to know — add and to your bookmarks and sign up for our newsletters. You can also support our journalism by becoming a digital subscriber. 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