Canada - Candace Derksen, 13, abducted & murdered, Winnipeg, 13 Nov 1984

[JusticeWillBeServed]

Inaccuracy in DNA report called out at Candace Derksen murder retrial

The lab that conducted DNA tests on crime scene evidence and potential suspects in the Candace Derksen case never disclosed an inaccuracy in one of their reports, court heard Thursday.

On day 9 of the retrial into the Winnipeg teen's murder, Curtis Hildebrandt, a former senior scientist and co-founder of Molecular World, was called to testify.

Hildebrandt gave the court detailed explanations about how the seven hairs were cut from slides and the process involved to extract DNA, purify it and copy it to generate DNA profiles.

He told court he tested four DNA samples submitted by police, including one from Grant.

"Once we generate a profile we would run it through the FBI database," Hildebrandt explained. "The goal of that was to see how many 'profiles' matched. Unlike other DNA tests, mitochondrial tests, however, cannot be used to identify an specific individual.

Court later heard Hildebrandt's mitochondrial comparison found all three persons of interest were excluded from any crime scene hair matches, but Grant's "could not be excluded," he said.

"They don't evaluate if you're doing good work," Simmonds said to Hildebrandt, referring to the SCC. "They don't look if you're dealing with degraded DNA or if you're proficient in dealing with degraded DNA."

Hildebrandt agreed.

Simmonds then raised issues with an inaccuracy in Hildebrandt's 2007 report of lab results provided to the police and the courts.

"As a scientist you're supposed to be precise," Simmonds told Hildebrandt, as he pointed out that during DNA testing one of the steps is to analyze the base pairs of DNA strands — but 12 were missed, the report indicated.

"Until you entered this courtroom you never told anyone about a problem with respect to the 12 base pairs," Simmonds said.

Hildebrandt denied knowing there was a problem. However, Simmonds suggested Hildebrandt knew this part of a test of the test was missed, and had discussed it with his superior Dr. Chahal after the 2011 trial.

 

[JusticeWillBeServed]

Grant's defence keeps pressure on DNA analyst

http://www.winnipegfreepress.com/local/grants-defence-keeps-pressure-on-dna-analyst-412021295.html

DNA material small enough to fit on the head of a pin was at issue Friday as the second-degree murder trial of Mark Edward Grant continues.

Grant’s defence lawyer, Saul Simmonds, spent a full day cross-examining Curtis Hildebrandt, a DNA analyst who was one of the founders of the Molecular World lab in Thunder Bay, Ont., where the Winnipeg Police Service’s cold-case unit sent samples of DNA for testing.

Simmonds spent hours combing through technical details of the DNA tests — particularly those conducted on the twine that bound Candace’s wrists and ankles, down to the very last microliter before all of the DNA extracts were used up. Court has heard the final test produced a DNA profile police used to link them to a suspect.

Simmonds wanted to know what Hildebrandt did that made the difference when he decided to run the tests again after previous results had been unusable.

The tests were done the same way, Hildebrandt said Friday, but "depending on what (DNA) you grab, you might have slightly better characteristics," that can produce a DNA profile because the testing doesn’t pick up the same DNA strand every time, he said.

Simmonds suggested that explanation "doesn’t meet science."

Man accused of killing Candace Derksen has long history of victimizing girls

 

[JusticeWillBeServed]

Mark Edward Grant couldn't be excluded from DNA results, says lab director

http://www.cbc.ca/news/canada/manitoba/dna-mark-edward-grant-amarjit-chahal-1.3959058

A judge heard testimony from Dr. Amarjit Chahal on Monday as the retrial of Mark Grant, accused of second-degree murder in the the death of Candace Derksen, entered its third week.

Chahal was the lab director at Molecular World, which tested the DNA that eventually led to Grant's arrest in 2007 for the murder of the Winnipeg girl.

Chahal was called to give testimony about the procedures that were followed in providing analysis of the DNA that was found on the twine used to bind Derksen's hands. Chahal's experience with forensic DNA at the time he conducted the reviews was also called into question by the defence.

​Chahal said that even though the DNA samples from the twine were degraded, and contained DNA from at least two male contributors, the lab was able to determine that Mark Grant's DNA could not be excluded as a contributor to the sample.

Chahal said that when findings from two different types of DNA tests were factored together, the probability that the DNA could belong to another random person was 1 in 50 million.

The chaplain, the stranger and the friend: Faces at the Candace Derksen murder retrial

 

[JusticeWillBeServed]

DNA results were 'unreliable and flawed,' expert at Candace Derksen retrial says

Frederick Bieber, a geneticist and professor at Harvard University, was called by Grant's defence team to analyze the DNA results from a Thunder Bay lab which re-ran tests on crime scene evidence in 2007.

During cross-examination, the Crown asked Bieber if the defence requested he run any of his own probability calculations to determine if Grant was a match.

"I was asked to review the material and make any recommendations," Bieber said. "And since I felt the data were unreliable and flawed and basically were exclusionary there would be no calculation that's relevant to [this case]."

Crown Attorney Michael Himmelman asked Bieber if Grant's defence lawyer Saul Simmonds requested an "alternative opinion" to the results from the Molecular World lab.

"No, I think he wanted my opinion," Bieber said. "I told him what I would tell you if you had called, that I can't tell you what my opinion will be. It will be the same if the other party in the matter asked for it and you might not like it."​

In an effort to challenge Bieber's credibility, the Crown questioned him extensively on the knowledge he had of the case and previous testimony before he came to his conclusions on the results.

Officer who overlooked Candace Derksen's body during initial search apologizes

Cook admitted to defence counsel Saul Simmonds he did not see Derksen's body.

"Had I found the body that would have been about an hour and a half into the search (that day). That would have ended it a lot earlier than Jan. 17, that's for sure."

Cook said when he rushed to the scene, when the body was found, detectives wouldn't let him look inside the shed to see how he could have missed her.

"I was upset," he said.

"It kind of made me wonder what team I was on at the time."

And, just before leaving the witness stand, Cook turned to Derksen's family and friends in the public gallery and said "with all due respect, Mrs. Derksen, I apologize for not finding her if she was there."

No connection between Candace Derksen's killing and teen found in boxcar, officer testifies

Top DNA expert has 'no confidence' in DNA results linking accused killer to Candace Derksen's murder

 

[JusticeWillBeServed]

Judge in Grant retrial must decide on evidence pointing to unknown suspect

As a prominent retrial winds down in the 1984 slaying of 13-year-old Candace Derksen, a judge must decide whether to consider evidence that the accused argues could point to an unknown suspect.

The Crown said Tuesday it would not contest the admissibility of much of the defence's evidence for its third-party unknown suspect application, arguing it was the reason the new second-degree murder trial against Mark Edward Grant is proceeding. But Crown attorney Brent Davidson said Justice Karen Simonsen must weigh all of the evidence carefully before making a decision.

Other evidence introduced by Grant's defence team to support its unknown suspect theory include letters written to CJOB in late 1987 by someone who "connects themselves to the Derksen matter," and claims to know the teen was not sexually assaulted before she died, defence lawyer Saul Simmonds argued. But the Crown said it was already public knowledge no sexual assault took place, citing a Free Press article from March 1985 that said as much.

Defence lawyer Kristofer Advent told the judge Tuesday she should still consider the letters admissible but that she should put "very low weight" on them.

The trial continues with closing arguments expected this week.

Wilma Derksen talks revenge and forgiveness in new book 32 years after daughter's murder

 

[JusticeWillBeServed]

Defence lawyer for the man accused of killing Candace Derksen files motion to stay case

http://www.cbc.ca/news/canada/manitoba/defence-wants-mark-edward-grant-retrial-stayed-over-dna-1.3999280

The defence lawyer for the man accused of killing Candace Derksen has asked that the retrial be stayed, given that the DNA evidence used to link Mark Edward Grant to the murder was flawed and cannot be independently verified because it no longer exists.

Lawyer Saul Simmonds filed the Charter motion Friday, arguing at best his client should be released and failing that he asked the judge exclude the nuclear DNA evidence presented in the trial.

"The complaint is twofold," Simmonds told the judge. "The lack of the DNA from the twine to be analyzed independently and of course the fact that the assessment and the process is fatally flawed in the first place which exacerbates the problem."

"Based on all of the evidence, which we say is inconsistent data and unreliable results, we say that that has caused a level of prejudice to Mr. Grant that cannot be remedied."

The Crown challenged the defence's Charter motion.

Crown attorney Brent Davidson told judge Karen Simonson, "you're who decides whether the evidence satisfies you beyond a reasonable doubt as to the guilt or innocence of an individual," he said

All of the evidence from the Crown and the defence has now been heard at the trial. Closing arguments have been tentatively scheduled for May 11 and 12.

It's now up to the judge to decide whether to accept the defence's position to stay the proceedings, or have the nuclear DNA evidence excluded from consideration in the trial.

She will inform the court of her decision before May 11.

 

[JusticeWillBeServed]

Judge allows key DNA evidence to be used in Candace Derksen retrial

http://www.cbc.ca/news/canada/manitoba/candace-derksen-mark-grant-murder-dna-ruling-1.4038386

A Manitoba judge has decided to allow key DNA evidence to be presented in Mark Grant's retrial for the 1984 killing of Candace Derksen.

In her decision this afternoon, Justice Karen Simonsen also dismissed a defence application to stay Mark Grant's retrial. The judge said she wasn't going to go into detail about her decisions and would address that when she delivers her verdict.

In February, Saul Simmonds, Grant's lawyer, filed a motion to stay the case, arguing DNA tests on twine gathered at the murder scene in 1985 were flawed and the twine can't be re-tested.

He said the judge should either throw out the evidence or release his client and end the retrial.

Simonsen disagreed.

 

[JusticeWillBeServed]

Closing arguments begin at retrial in Candace Derksen killing

http://www.cbc.ca/news/canada/manitoba/candace-derksen-retrial-closing-arguments-begin-1.4109572

More than 32 years after the 13-year-old girl was found frozen in a Winnipeg storage shed, the retrial for the man accused of killing Candace Derksen is entering its final days.

On Thursday morning, the Crown and defence teams will begin presenting their closing arguments to Justice Karen Simonson in Mark Grant's retrial.

Justice Simonsen has scheduled two days to hear the closing arguments. She will then enter deliberations on a verdict.

Because of the complexity and volume of evidence, it will likely be some time before she delivers her decision.

 

[JusticeWillBeServed]

http://www.cbc.ca/news/canada/manitoba/candace-derksen-retrial-closing-arguments-begin-1.4109572

The lawyer defending a man accused of killing 13-year-old Candace Derksen in 1984 said Thursday crucial DNA evidence used to connect his client to a crime scene is flawed and corrupt.

"There is virtually no real evidence of any type that Mark Grant has done anything," said defence lawyer Saul Simmonds in his closing arguments Thursday.

Simmonds set his crosshairs squarely on DNA evidence collected by police in 1985 and analyzed by an Ontario lab in 2007.

 

[JusticeWillBeServed]

'This is so surreal': Family prepares for verdict after closing arguments at Candace Derksen retrial

Candace Derksen's family say they are preparing for any outcome now that closing arguments have wrapped up in the retrial for Mark Grant, the man accused of killing the 13-year-old in 1984.

"We process it as a family. My children always say this is so surreal. Can you imagine [32] years later we are still ... in the courtroom with Candace's presence. She is still part of our family and that's always a gift," Wilma Derksen said.

Cliff Derksen, Candace's father, said it will be disappointing if the judge delivers a "not guilty" verdict.

"It would be disappointing. It's hard to know. I mean, if he didn't do it, who did it? And we'd have to go through another cycle or there might be nothing. I don't know," he said.

"The other side is the justice system itself. Can they find the truth and how can they do that? We've had two shots at it now and you would hope that they could do it ... We have no control."

<modsnip>

 

[JusticeWillBeServed]

'This is Candace's legacy,' Wilma Derksen says as Candace House secures location

http://www.cbc.ca/news/canada/manitoba/candace-house-to-open-1.4139834

It's been years in the making but Candace House has officially secured its new home in the heart of Winnipeg's downtown.

The haven for victims of crime and their families who are navigating the criminal justice system is named after Candace Derksen, whose frozen and bound body was found in early 1985.

"This is Candace's legacy. I'm near tears looking at this. Every part of her life she seems to be memorialized in creating something new," said Wilma Derksen, Candace's mother, at an announcement of the upcoming opening of Candace House on Wednesday.

 

[Hatfield]

The gum wrappers are a huge coincidence. It sounds more like it did actually happen and it traumatized her in a very deep way. Maybe she tried to convince herself she made it up? Still, it's unthinkable Candace's family has to go through yet another trial.

Wow. I tend to think the other girls abduction really did happen based on this linked article.

I think she just wants to block it out of her past.

This is amazing and I think it does lean towards showing the person charged in this case may be innocent although I have not read about this case much so would need to read up more.

I sure hope the judge or jury has not made any mistakes in this case.

http://www.winnipegfreepress.com/local/girl-in-rail-car-told-eerie-tale-116524958.html

 

[Hatfield]

This may have been linked before. Good information about the case.

http://www.candacederksen.com/

 

[JusticeWillBeServed]

Derksen family awaits judge's decision in daughter's murder trial three decades after her death

https://www.winnipegfreepress.com/local/derksen-family-awaits-judges-decision-in-daughters-murder-trial-three-decades-after-her-death-444563903.html

After more than 32 years, two criminal trials and lasting intentions to keep their daughter's memory alive, the Derksen family is preparing themselves for a court decision on the fate of Candace Derksen's accused killer.

Court of Queen's Bench Justice Karen Simonsen is now set to deliver her verdict Oct. 18, following a six-week second-degree murder retrial for Mark Edward Grant. Grant was first arrested in 13-year-old Candace's death 10 years ago — 23 years after she was found frozen to death in a Winnipeg lumber yard shed.

 

[JerseyGirl]

Mark Grant found not guilty in Derksen murder trial

The Court's 130-page Judgment can be found here:

https://www.winnipegfreepress.com/local/verdict-expected-in-derksen-murder-trial-451423983.html

 

[JusticeWillBeServed]

Local documentarian captures final chapter of the Candace Derksen story - chvnradio.com

For two years, Wall worked with Cliff and had worked out the entire documentary. It was the story of Cliff now knowing that the killer, Mark Edward Grant, was put away for life. Wall said he didn't have to go into details of the case, which he was good with.

The original plan was to stop before the retrial. Wall believed it would just confirm what they already knew. But they decided to wait, which took over nine months as the judge thought about his verdict. In October 2017, Mark Edward Grant was found not guilty, which was a shock to those who knew the Derksen's.

"When he was acquitted, that changed the whole doc and I had to go back to the drawing board," Wall remembered. "Wilma came up afterwards and said 'oh no, what does this do to your documentary?'"