THE MULLINS-JOHNSON CASE: THE MURDER THAT WASN’T CREDITS BY DAVID BAYLISS ACTING EDITOR: Win Wahrer On September 21, 2005, a 35-year-old Ojibway first FOUNDING EDITOR: Harold Levy nation man stepped doubtfully from the University Ave- PAST EDITOR: Vicki Preston nue Superior Court House in Toronto, Ontario, into a for- est of microphones. William Mullins-Johnson, known as LAYOUT: Tamara Knezic Bill to his friends and family, looked up to the brilliant blue sky and cried. It had been twelve years, two months and 25 days since he had last seen the sky as a free man. In June, 1993, four-year-old Valin Johnson lived in Sault WHAT’S INSIDE Ste. Marie with her parents, Kim and Paul, and her sib- PG. 1 lings John and Jean, three and six-years- old respectively. The Mullins-Johnson Case Bill Mullins-Johnson, Paul’s brother, had been staying at PG. 1 the family home for several months, frequently babysit- Kyle Unger: Granted Bail ting the children when the parents were out. By all Photography Credit Toronto Star accounts, including those of Kim, Paul and the family PG. 5 semen, no saliva, and no biological material of any sort – doctor, all three children were healthy, active kids; and President’s Report connecting Bill to Valin’s body or to the bed where she they loved their uncle Bill. PG. 6-10 was found. Valin was found in a sleeping position, clad in Taking it to the Rock On that fateful morning, June 27, 1993, at about 7 AM, her underwear and a fully zipped up one-piece pajama Paul found Valin’s lifeless body in her bed; Bill was asleep suit. On the basis of medical hypotheses that, firstly, PG. 11-13 on the couch downstairs in the living room. Within hours, Valin’s death was a homicide, secondly, that she was Steven’s Long Journey local doctors had concluded that Valin had been sodom- killed in the course of a sexual assault and, thirdly, that for Justice ized and murdered. There was a complete absence of Bill had exclusive access to her at the time she was postu- PG. 14-15 direct evidence or forensic trace evidence – no hair, no Books Reviewed Continued on page 2 PG. 17-21 Critical Cases FLASH: MEL GREEN TO BENCH STORY ON PAGE 31 PG. 23-24 Compensation File KYLE UNGER: GRANTED BAIL PG. 24-26 Kyle applied for judi- On September 13, 2004, AIDWYC submitted a s.696.1 Canadian Updates cial interim release on application on Mr. Unger’s behalf to Federal Justice Min- PG. 27 October 19, 2005 in ister Irwin Cotler. International Updates front of Justice Holly Mr. Unger was convicted in February 1992 of the June 23, PG. 28-35 Beard who, on Novem- 1990 rape and murder of 16-year-old Brigitte Grenier in a AIDWYC on the Move ber 4th, in a written small town in Manitoba. Mr. Unger’s co-accused, Timo- PG. 36 decision granted Mr. thy Houlahan, was also convicted. In July 1993, the Court Congratulations Unger bail saying there of Appeal dismissed Mr. Unger’s appeal but allowed Mr. PG. 37 are serious concerns he Houlahan’s appeal. Mr. Houlahan committed suicide Thank You may have been wrong- prior to his re-trial. Mr. Unger’s application for leave to fully convicted and the Supreme Court of Canada was dismissed. PG. 38-39 strong evidence that William Mullins Johnson On April 23, 2003, after the DNA results had been Mr. Unger’s convic- First Few Months of Freedom obtained in James Driskell’s case, the Government of tion may not be sustainable. She further said, “the evi- Manitoba, through Deputy Attorney General Bruce Mac- PG. 41 dence that remains against him is fraught with serious Farlane, set up the Forensic Review Committee mandate Can You Help AIDWYC? weaknesses.” to ascertain whether there were other cases like that of Mr. PG. 42 Driskell in which post-conviction DNA typing might cast Can AIDWYC Help You? Continued on page 3 ASSOCIATION IN DEFENCE OF THE WRONGLY CONVICTED — PAGE 1 THE MULLINS-JOHNSON CASE Continued from page 1 lated to have died, he was charged with first- trauma to the anus; Bill is 6 feet 5 inches tall and As AIDWYC’s research into Bill’s case pro- degree murder. weighed 250 pounds at the time of Valin’s death. gressed, it became apparent that the medical opin- William Mullins-Johnson was convicted of first- Based on his belief that the body had bruises and ions underpinning Bill’s conviction were degree murder on September 21, 1994, after a small hemorrhages caused at the time of death, questionable. AIDWYC retained the services of two-week trial. In accordance with Canadian the pathologist further concluded that Valin had Dr. Bernard Knight of Wales. Dr. Knight, one of jurisprudence, the jury was not told of Bill’s been strangled or otherwise deliberately suffo- the world’s leading forensic pathologists and immediate, persistent and emphatic protestations cated. He estimated that Valin died between 8 and author of the only English language text on ascer- of innocence. Bill began his new life as a federal 10 o’clock the previous evening, for most of taining time of death, reported to AIDWYC that inmate serving a sentence of life imprisonment which time Bill had been the only adult in the there was no scientific validity to the procedure with no parole for twenty-five years. On his first house with Valin and her brother John. used by the original pathologist to determine the time of death. There was no exclusive opportunity night in Millhaven Penitentiary, inmates pounded The crown obtained a consultation report from Dr. for William Mullins-Johnson to have committed on the walls of his cell warning the “diddler” of Charles Smith, considered at the time to be the “crime”. his impending doom. Thus began twelve years of Ontario’s leading expert on child deaths. Like the hell – twelve years of vilification, even by con- pathologist who made the initial diagnosis of But, had there been a crime at all? To answer this victs, as a child sex murderer, twelve years as a homicide, Dr. Smith was not trained as a forensic question, Dr. Knight needed to examine micro- potential target for any hero keen to earn his jail pathologist. Based on his examination of tissue scopic slides of tissue taken from Valin’s body at house stripes by taking out a child killer, twelve slides taken at the time of the autopsy, Dr. Smith the autopsy. For the next two years AIDWYC years of constant danger, twelve years of the hard- concluded that Valin had probably been sexually lawyers requested production of the slides. Each est kind of time – the time of an innocent man assaulted at the time of her death. It was this criti- time they asked the response was the same: the caged and reviled. cal evidence – that Valin was murdered in the slides (and the blocks of tissue from which the On December 19, 1996, Bill’s appeal to the course of a sexual assault – which legally entitled slides had been cut) had been misplaced by Dr. Ontario Court of Appeal was dismissed with a the jury to convict of first-degree murder. Smith and could not be located. Finally, in December 2004, with the help of news reporter prescient dissent by Mr. Justice Stephen Borins. In all, four pathologists testified at the trial; two Harold Levy, who threatened to document the The appeal to the Supreme Court of Canada was were called by the crown and two by the defence. “loss” of the materials in the Toronto Star, the dismissed in a three-line judgment on May 28th, Dr. Smith stood alone in his assertion of sexual slides were found within the Office of the Chief 1998. On September 15, 2005, AIDWYC filed its assault at the time of death. The original examin- Coroner for Ontario (OCCO). brief with Federal Justice Minister Irwin Cotler, ing pathologist stood alone in his estimation of a requesting a review of Bill’s case pursuant to sec- time of death which gave Bill “exclusive opportu- Once located, AIDWYC continued to press for tion 696.1 of the Criminal Code of Canada. nity” to have harmed Valin. Three of the patholo- the release of the slides for examination by Dr. Finally, on September 21, 2005, in what seemed gists concurred that there had been chronic sexual Knight. Abruptly, on February 16, 2005, like a miracle to Bill, he was granted bail pending abuse in the months prior to Valin’s death. The AIDWYC received a report authored by Dr. the decision of the minister. case went to the jury essentially on the issue of Michael S. Pollanen, Medical Director of the Tor- onto Forensic Pathology Unit of OCCO. Under GROUNDS FOR THE MINISTERIAL identity, with even Bill’s defence counsel conced- the leadership of its new chief coroner, Dr. Barry REVIEW APPLICATION ing that Valin was a victim of chronic sexual abuse. Mclennan, OCCO had taken it upon itself to The prosecution of William Mullins-Johnson review the Mullins-Johnson forensic file and Bill asked for the help of AIDWYC, the real court relied almost entirely on the evidence of medical related court testimony. The conclusions of the of last resort for so many. The involvement of Dr. doctors. Pollanen report were momentous: Charles Smith in the case immediately tweaked A local hospital pathologist conducted the the “wrongful conviction antennae” of AIDWYC • There is no known scientific method for con- autopsy and called in a local pediatrician to lawyers.