Latest news with #murderconviction
Daily Mail
4 days ago
- General
- Daily Mail
Teacher's Pet killer Chris Dawson suffers another blow as bombshell new court ruling is revealed
Ex-teacher Chris Dawson's legal losses continue after he failed to overturn his conviction for the sexual abuse of a female student. The 76-year-old has already failed in his bid to overturn a separate conviction over the murder of his wife Lynette in January 1982. He has been sentenced to a maximum of 24 years for the homicide. The conviction for the abuse of the student was upheld by the NSW Court of Criminal Appeal on Friday. Justices Kristina Stern and Sarah McNaughton - who oversaw an appeal hearing in March - ruled to dismiss Dawson's legal challenge. Justice Peter Hamill was the lone judge in dissent, saying he would have allowed the appeal and quashed the conviction. The full reasons of the court have yet to be published. The carnal knowledge sentence, which relates to a former student known as AB who later moved into his home, added one year to his non-parole period. The disappearance of mother-of-two Lynnette Dawson on January 8, 1992 was among the most notorious cold cases in Australia (pictured: Chris and Lynette Dawson) Prosecutors said it would have been highly unlikely the mother-of-two would have walked out on the children she adored. They also told how she did not pack any belongings. (pictured: Lynette with daughter Shanelle) Chris Dawson has failed in a bid to overturn a conviction over the abuse of a former student At an appeal hearing in March, Dawson's lawyers attempted to cast doubt on AB's claims she had been sexually abused before her 17th birthday. A person can only be convicted under the carnal knowledge offence - which was in place in 1982 - if the complainant is between 16 and 17 years old. Dawson also claimed the verdict was unreasonable, asking the NSW Court of Criminal Appeal to overturn it. The then-PE teacher groomed AB during fitness classes and organised a tennis match so the girl could meet his wife and start babysitting, a District Court trial was told in 2023. The teen started sleeping with Dawson and eventually moved into his home soon after Lynette was murdered and he disposed of her body, the NSW Supreme Court found when he was convicted over the killing in 2022. Dawson is incarcerated at Sydney's Silverwater prison. His 18-year non-parole period for murder expires in 2040. 1800 RESPECT (1800 737 732) National Sexual Abuse and Redress Support Service 1800 211 028
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.
Associated Press
23-05-2025
- Politics
- Associated Press
North Carolina court says it's OK to swap jurors while they are deliberating
RALEIGH, N.C. (AP) — North Carolina's highest court on Friday left intact a murder conviction that a lower appeals court had thrown out on the grounds that a jury shake-up during deliberations violated the defendant's rights and required a new trial. By a 5-2 decision, the state Supreme Court reversed last year's decision of a state Court of Appeals panel that had sided with Eric Ramond Chambers, who has been serving a sentence of life in prison without parole. The state constitution says no one can be convicted of a crime except by 'the unanimous verdict of a jury in open court' that state justices have declared in the past repeatedly must be composed of 12 people. A 2021 state law says an alternate juror can be substituted for one of the 12 after deliberations begin as long as the judge instructs the amended jury to begin deliberations anew. The judge at Chambers' 2022 trial did just that when an alternate juror joined deliberations because an original juror couldn't continue the next day due to a medical appointment. The original 12 had deliberated for less than 30 minutes the day before. Chambers, who was representing himself in the trial, was not in the courtroom when the substitution occurred. By midday the reconstituted jury had reached a verdict, and Chambers was convicted of first-degree murder and a serious assault charge for the 2018 shooting in a Raleigh motel room. Chambers petitioned the Court of Appeals, which later ruled that his right to a 'properly constituted jury' had been violated and the 2021 law couldn't supersede the state constitution because 13 people had reached the verdict. State attorneys then appealed. Writing for Friday's majority, Chief Justice Paul Newby said the 2021 law doesn't violate Chamber's right because it provides 'critical safeguards that ensure that the twelve-juror threshold remains sacrosanct.' Newby wrote the law says no more than 12 jurors can participate in the jury's deliberations and that a judge's instruction to begin deliberations anew means 'any discussion in which the excused juror participated is disregarded and entirely new deliberations are commenced by the newly-constituted twelve.' The four other justices who are registered Republicans joined Newby in his opinion. In a dissenting opinion to retain the new trial, Associate Justice Allison Riggs wrote the 2021 law is an unconstitutional departure from the concept of 12-member juries and 'endangers the impartiality and unanimity of the jury.' No matter what directions a trial judge gives to jurors to begin deliberations anew, Riggs added, 'we must assume by law that the original juror's mere presence impacted the verdict.' Associate Justice Anita Earls — who with Riggs are the court's two registered Democrats — also dissented.
Daily Mail
13-05-2025
- Daily Mail
'I'm not angry, I'm not bitter': Peter Sullivan breaks silence as he walks free for first time in 38 years after his conviction for brutal murder of Diane Sindall was quashed
A former labourer freed from prison after his murder conviction of 38 years was dramatically quashed has said he is 'not angry' or 'bitter' over his decades-long incarceration. Peter Sullivan was jailed for the murder of young florist Diane Sindall, 21, in Birkenhead, Merseyside in 1986, but today three senior judges quashed his conviction after the Court of Appeal heard DNA evidence showed the killer was someone else. They found in favour of the 68-year-old, who has learning difficulties, marking the longest miscarriage of justice in UK history. Mr Sullivan, watching the hearing remotely from HMP Wakefield, sat with his arms folded over his chest as the three judges, led by Lord Justice Holroyde, announced their decision following a two-hour hearing. Speaking afterwards, Mr Sullivan - who was aged 30 when he was sentenced for murder - said in a statement read out by his lawyer: 'I lost my liberty four decades ago over a crime I did not commit. 'We now know how very different the times we live in are from scientific advances, legal practice and methods of investigation and questioning by the police. 'What happened to me was very wrong but it does not detract or minimise that all of this happened off the back of a heinous and most terrible loss of life. 'I did not commit murder or unlawfully take the life of any person throughout the span of my own. 'As God is my witness, it is said the truth shall take you free. It is unfortunate that it does not give a timescale as we advance towards resolving the wrongs done to me, I am not angry, I am not bitter. 'I am simply anxious to return to my loved ones and family as I've got to make the most of what is left of the existence I am granted in this world.' His sister, Kim Smith, said: 'We lost Peter for 39 years and at the end of the day it's not just us, Peter hasn't won and neither has the Sindall family. They've lost their daughter, they are not going to get her back. 'We've got Peter back and now we've got to try and build a life around him again. 'We feel sorry for the Sindalls and it's such a shame this has had to happen in the first place.' Earlier, members of Mr Sullivan's family in the public gallery wept as Lord Justice Holroyde announced: 'We quash the conviction.' The judge continued: 'Strong though the circumstantial evidence undoubtedly seemed at the trial, it is now necessary to take into account the new scientific evidence pointing to someone else - the unknown man. 'If the new evidence had been available in 1986, the evidence as a whole would have been regarded as insufficient. In the light of that evidence it is impossible to regard the appellant's conviction as safe.' Speaking outside court, Mr Sullivan's solicitor Sarah Myatt said: 'This is an unprecedented and historic moment. 'Our client Peter Sullivan is the longest-serving victim of a miscarriage of justice in the UK 'He has endured nearly 40 years in a category A prison for a truly horrific crime that he did not commit. 'Today, justice has been at last served, and his conviction has been quashed.' It means the DNA found on Miss Sindall's sexually mutilated body belongs to a mystery suspect whose details are not on the National DNA Database or linked to any other unsolved offences. Detectives with Merseyside Police have begun a fresh investigation into Miss Sindall's violent death. Prosecutors admitted there was no basis on which Mr Sullivan would ever have been charged if the new evidence - made available by significant scientific advances - was available at the time. Duncan Atkinson KC, on behalf of the CPS, told the Court of Appeal: 'We do not seek to argue that this fresh DNA evidence does not undermine the safety of the appellant's (Mr Sullivan's) conviction.' He said: 'Had this DNA evidence been available at the time a decision was taken to prosecute, it is difficult to see how a decision to prosecute could have been made.' He added: 'The DNA evidence provides a clear and uncontroverted basis to suggest that another person was responsible for both the sexual assault and the murder. 'As such, it positively undermines the circumstantial case against Mr Sullivan as identified at the time both of his trial and his 2021 appeal.' Miss Sindall was brutally killed after she left work in Bebington, Birkenhead, Merseyside, in August 1986. Mr Sullivan was convicted of her murder in November the following year. Prosecutors said he had spent the day drinking heavily, and went out armed with a crowbar before a chance encounter with Miss Sindall. Evidence at the time suggested Mr Sullivan had recently borrowed a crowbar from a neighbour, left for London shortly after the murder arousing suspicion, and was placed near the scene by witnesses who gave his description. Miss Sindall's florist van had broken down on her way home from a pub shift and she was walking to a petrol station to get some spare fuel. She had been working late to pay for her forthcoming wedding. She was ambushed, sexually assaulted and then beaten to death, her body left partially clothed and mutilated in an alleyway where it was discovered the following day. In November the Criminal Cases Review Commission (CCRC) said that Mr Sullivan's conviction had been referred to the Court of Appeal on the basis of DNA evidence. Samples taken at the time of the murder were re-examined and a DNA profile that did not match Mr Sullivan was found, the commission said. Mr Sullivan applied to the body to have his case re-examined in 2021, raising concerns about police interviews, bite mark evidence and the murder weapon. He claimed he had not been provided with an appropriate adult during interviews and was initially denied legal representation. Mr Sullivan had previously applied to the CCRC in 2008 raising questions about DNA evidence, but forensic experts said that further testing was unlikely to reveal a DNA profile. He applied to the High Court for permission to appeal against his conviction in 2019 over bite mark evidence, but this was rejected by the Court of Appeal in 2021. Mr Sullivan had initially confessed to the murder, before retracting the claims. He said detectives forced a confession from him, initially barred him from seeing a solicitor and denied him support from an 'appropriate adult', who, it is said, should have been appointed to safeguard his interests as a vulnerable person. Jason Pitter KC, representing Mr Sullivan, described how the most recent scientific advances backed his client's contention that he was the victim of wrongful conviction. He told the Appeal Court: 'At this time this matter was originally before the court, there was not the scientific capability to carry out analysis of that material. 'The material was not able to be analysed. But since 2024, an analysis has been carried out on that material. 'The DNA from that cellular material found on the deceased … could be attributed to an unknown male.' He added: 'The prosecution case is that it was one person. It was one person who carried out a sexual assault on the victim. 'The evidence here is now that one person was not the defendant.' Mr Sullivan, once dubbed the Beast of Birkenhead, appeared overcome with emotion as the hearing concluded. He could be seen rubbing his hands over his face, appearing to wipe away tears, and then looked towards the sky. Merseyside Police said the vital DNA evidence was not available during the original investigation into Peter Sullivan and officers are now 'committed to doing everything' to find the person whose DNA was left at the scene where Ms Sindall died. Detective Chief Superintendent Karen Jaundrill said: 'Our thoughts remain with the family and friends of Diane Sindall who continue to mourn her loss and will have to endure the implications of this new development so many years after her murder. 'We are committed to doing everything within our power to find whom the DNA, which was left at the scene, belongs to. 'Unfortunately, there is no match for the DNA identified on the national DNA database. 'We have enlisted specialist skills and expertise from the National Crime Agency, and with their support we are proactively trying to identify the person the DNA profile belongs to, and extensive and painstaking inquiries are underway. 'We can confirm that the DNA does not belong to any member of Diane's family, nor Diane's fiance at the time, and we believe it could be a vital piece of evidence linking the killer to the scene. 'To date more than 260 men have been screened and eliminated from the investigation which was reopened in 2023. 'The investigation team has obtained most of the samples locally, however, screening has also taken place in Swansea, Perth, London, Hull and Newcastle with the provision of voluntary DNA elimination samples.' Downing Street said the Sullivan judgment must be carefully considered to get both him and Diane Sindall's family 'the answers they deserve'. A Number 10 spokesman said: 'It's clear that Peter Sullivan has suffered a grave miscarriage of justice and our thoughts are also with Diane Sindall's family on what must be an incredibly difficult day. 'We must carefully consider this judgment and look at how this could have happened and get both him and Diane's family the answers they deserve.'
