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Wrongly Convicted Database Record
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Charge: |
Second Degree Murder |
Sentence: |
Life Imprisonment |
Years Imprisoned: |
31 |
Year Crime: |
1967 |
Year Convicted: |
1972 |
Year Cleared: |
2009 |
U.S. State or Country of Crime: |
Canada |
County or Region of Crime: |
Ontario |
City of Crime: |
Ottawa |
Result: |
Judicially Exonerated |
Summary of Case: |
"Romeo Phillion was wrongly convicted in 1972 of the 1967 murder of an off-duty fireman in Ottawa that occurred when Romeo Phillion was in Trenton, Ontario, a town 290 km (181 miles) from Ottawa. Phillion's car broke down in Trenton, and it was being repaired on the afternoon of the murder. Phillion was questioned about the murder in 1968, but he told police about his alibi. In 1971 Phillion was again questioned and he confessed, although he immediately retracted his confession. Phillion was charged with the murder and during his 1972 trial four witnesses testified they saw Phillion in Ottawa on the day of the murder. Phillion was convicted and sentenced to life in prison with a minimum of ten years before he would be eligible for parole. Phillion refused to admit guilt so he was passed over for parole at every hearing. In 1998 a manila envelope was anonymously mailed to Phillion. Included in it were documents that had not been disclosed to his trial lawyer. The most important document was a police report written on April 12, 1968 that cleared Phillion of the murder. The report was written by Ottawa police investigator David McCombie, and it confirmed Phillion’s alibi of being in Trenton at the time of the crime. Police investigators interviewed workers at the gas station where Phillion’s car was repaired, who confirmed his alibi. Romeo also traded his car’s radio for gas when he left the station. McCombie’s report stated that because Romeo’s presence in Trenton had been confirmed, “We do not believe that Romeo Phillion is responsible for this murder.” There was also evidence that four prosecution witnesses perjured themselves about when they saw Romeo in Ottawa. Based on the new evidence Phillion was able to enlist the aid of Toronto based AIDWYC in filing a petition to reopen his case. He was released on $50,000 bond on July 21, 2003 pending a decision by the federal Justice Minister about whether to set aside his conviction and order a new trial. Phillion's case was subsequently referred to the Court of Appeal. A hearing was held in the Ontario Court of Appeal in November 2008 to consider whether Phillion's conviction was a miscarriage of justice. On March 5, 2009 the Court of Appeal quashed Phillion's conviction and ordered a retrial. The prosecution had already stated that a retrial was not possible because of the 42 years that has passed since the murder. In 2010 the charges against Phillion were dismissed. In May 2012 Phillion filed a CAN$14 million lawsuit against the Ontario government for compensation. In May 2013 Phillion's lawsuit was dismissed by a Superior Court Justice in Toronto, Canada on the basis Phillion couldn't prove the officer's involved acted with malice or negligently. Phillion appealed, and in 2014 the Ontario Court of Appeal reversed the lower court's decision, ruling that barring Phillion from suing after he spent 31 years in prison was “manifestly unfair.” The government appealed, and in February 2015 Canada's Supreme Court declined to review the ruling, which allowed Phillion's lawsuit from proceeding. Phillion died on November 2, 2015 at the age of 76, while his compensation lawsuit was pending.." |
Conviction Caused By: |
"Prosecutor and police concealed a police report verifying that Phillion was 181 miles away in Trenton having his car repaired when the murder occurred. Trenton is about three hours by car from Ottawa. Phillion falsely confessed to the murder, and four prosecution witnesses committed perjury." |
Innocence Proved By: |
"On March 5, 2009 the Court of Appeal quashed Phillion's conviction and ordered a retrial based on discovery of the police report concealed from Phillion's attorney proving police investigators knew it was physically impossible for him to have committed the crime because he was 150 miles from the crime scene." |
Defendant Aided By: |
A group of law students associated with the York University Innocence Project spent four years studying the conviction and accumulating the evidence of Mr. Phillion's innocence. During the Ontario Court of Appeal hearing in January 2008 he was represented by James Lockyet with the Toronto based Association in Defence of the Wrongly Convicted. |
Compensation Awarded: |
No |
Was Perpetrator Identified? |
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Age When Imprisoned: |
32 |
Age When Released: |
64 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"R. v. Phillion, 2009 ONCA 202" |
Information Location 1: |
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Information Source 2: |
"“I feel like a million bucks!”, By Hans Sherrer, Justice:Denied magazine, Issue 25, Summer 2004" |
Information Location 2: |
http://www.justicedenied.org/issue/issue_25/romeo_phillion.html |
Information Source 3: |
"Convicted Murderer Phillion Released On Bail Pending Federal Review Of Case," Marlene Habib, (Toronto, CP), July 21, 2003" |
Information Location 3: |
http://www.canadaeast.com/apps/pbcs.dll/article?AID=/20030721/CPN/20809021 |
Information Source 4: |
"Romeo Phillion: Wrongfully convicted Mississauga man launches $14-million lawsuit against Ontario government, By Josh Tapper (staff), The Star (Toronto, CAN), May 3, 2012" |
Information Location 4: |
http://www.thestar.com/news/crime/article/1172738--romeo-phillion-wrongfully-convicted-mississauga-man-launches-14-million-lawsuit-against-ontario-government |
Information Source 5: |
"Wrongfully convicted Romeo Phillion cleared to sue Ottawa police, prosecutors after Supreme Court declines to hear appeal, By Andrew Seymour, Ottawa Citizen, February 19, 2015" |
Information Location 5: |
http://ottawacitizen.com/news/local-news/wrongfully-convicted-romeo-phillion-cleared-to-sue-ottawa-police-prosecutors-after-supreme-court-declines-to-hear-appeal |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org