INDEPTH: ROBERT BALTOVICH
Baltovich trial timeline
CBC News Online | July 15, 2005
Robert Baltovich |
In June 1990, Robert Baltovich was 24 years old. A recent graduate
from the University of Toronto's Scarborough campus, he had
majored in psychology. He was hoping to land a summer job and
spend some time considering graduate school.
But on June 19, his girlfriend, Elizabeth Bain, 22, vanished
and Baltovich's path changed forever. Two years later Baltovich
was convicted of killing Bain. Her body was never found.
Baltovich has always insisted he is innocent. During the original
trial, Baltovich's lawyers suggested the so-called "Scarborough
rapist" might have killed Bain. Several witnesses testified
they saw Bain with a blond man in the days before she vanished.
Today, police and the public know that rapist was Paul Bernardo.
Since Baltovich's original trial, media reports and a book have
pointed out links between Bernardo and Bain.
Such links are also said to be the basis of the "fresh evidence"
for Baltovich's appeal.
While there is a publication ban on some of the evidence relating
to the appeal, Baltovich's lawyer, James Lockyer, has said the
new evidence points the finger at Bernardo.
Robert Baltovich is now 39. He is currently out on bail, awaiting
a decision by the Crown whether to proceed with a new trial.
July 15, 2005:
Ontario’s Ministry of the Attorney General announces that Baltovich will face a new trial in the killing of Elizabeth Bain. He will face a charge of second-degree murder.
December 2, 2004:
The Ontario Court of Appeal sets aside Baltovich's conviction
and orders a new trial. The court rules that the trial judge’s
charge to the jury was unfair and unbalanced and contained significant
legal errors that were prejudicial to Baltovich. Baltovich's
lawyer had asked the Court of Appeal to acquit his client. But
the Court said it was not persuaded that an acquittal was appropriate
given that there is evidence upon which a properly instructed
jury could reasonably convict.
September 20, 2004:
The Ontario Court of Appeal begins a hearing into Robert Baltovich's
conviction in the death of Elizabeth Bain. It has been 12 years
since he was convicted at his original trial.
April 19, 2004:
Baltovich's appeal hearing is scheduled to begin, but is delayed
until September.
Elizabeth Bain |
April 24, 2003:
Justice Marc Rosenberg rules that Baltovich's lawyer, James
Lockyer, cannot participate in the portion of the Baltovich
appeal in which Paul Bernardo is portrayed as the real killer
of Elizabeth Bain. Bernardo, supported by the Ontario Crown,
had objected to Lockyer being involved in the appeal because
Lockyer had represented Bernardo in 1996-1997. A compromise
is struck: one of Baltovich's other lawyers, Brian Greenspan,
is to pursue the Bernardo-related aspects of the case, while
Lockyer is to represent Baltovich in all other aspects of the
case.
March 31, 2000:
Exactly eight years after being convicted of murdering his girlfriend,
Robert Baltovich is released on bail, pending an appeal of his
March 31, 1992, conviction. "It's a great feeling," Baltovich
told reporters who swarmed around as he walked down a busy street
in downtown Toronto. "Jail isn't a pleasant place." In his written
reasons Justice Marc Rosenberg said, "the case against the applicant
was wholly circumstantial." He added that Baltovich's lawyer,
James Lockyer, had "urged me to approach this case on the basis
that there is a reasonable possibility that an innocent man
has been convicted."
» MORE
March 15, 2000:
By this time, James Lockyer, the director of the Association
in the Defence of the Wrongly Convicted, has joined Baltovich's
defence team. On March 15, 2000, a 390-page defence brief is
filed with the Ontario Court of Appeal. During Baltovich's bail
hearing, his lawyers argue there is new evidence to suggest
that he did not kill Elizabeth Bain. They contend Paul Bernardo
did it, and argue Baltovich must be released on bail while he
waits for his appeal.
Some details of the new evidence can't be revealed because of
a publication ban. But the private investigator in the case,
Brian King, described it at the time this way: "It's based on
an overwhelming amount of a lot of different things. Not just
one thing like forensic evidence, but say a combination of interviews
and information that has come forward since the trial."
» MORE
1998:
The book No Claim to Mercy is published. Author Derek
Finkle presents details of the connection between Bain and Bernardo.
February 1997:
Baltovich's appeal is scheduled to begin, but it is postponed
indefinitely.
May 16, 1996:
Baltovich's lawyers file materials with the Ontario Court of
Appeal. The fat, sealed envelopes contain "fresh evidence" obtained
by Baltovich's defence team between 1992 and 1996. A 113-page
memorandum is submitted to the court in late May. It does not
make reference to Paul Bernardo by name, but says it is the
position of the defence "that another individual, other than
the appellant, committed the offence." The memorandum says the
new evidence "relates to the evidence adduced at trial concerning
the 'Scarborough rapist.'"
Sept. 1, 1995:
Paul Bernardo is found guilty on nine charges relating to the
deaths of Leslie Mahaffy, Kristen French and Tammy Homolka.
He is sentenced to a life term in prison and is later declared
a dangerous offender, which effectively means he will never
be let out.
From CBC Newsworld Flashback: Paul
Bernardo convicted in sex slayings of two Ontario teens
(Real Video)
February 1993:
Paul Bernardo is charged in connection with the Scarborough
rapes. Baltovich's lawyer asks a private investigator, Brian
King, to focus on evidence relating to Bernardo and any connection
he may have had with Elizabeth Bain. In October 1993, King tells
the Toronto Star newspaper that he has uncovered "startling"
findings that could help free Baltovich.
May 1992:
Baltovich's new lawyer, Brian Greenspan, files an appeal of
the case. The notice cites 22 grounds for why Baltovich's conviction
should be set aside, including problems with the judge's address
to the jury and the use of "hypnotically enhanced memory" testimony
of witnesses. Baltovich is denied bail pending his appeal.
James Lockyer |
March 31, 1992:
The jury finds Robert Baltovich guilty of second-degree murder.
Elizabeth's parents, Ricardo and Julita Bain, tell reporters
they're relieved by the verdict and say they hope Baltovich
will tell authorities where they can find Elizabeth's body.
Baltovich is later sentenced to life in prison.
Feb. 4, 1992:
Baltovich's first trial begins before Justice John O'Driscoll.
The trial lasts six weeks and jurors hear testimony from more
than 100 witnesses. The charge against Baltovich has been dropped
to second-degree murder. He pleads not guilty.
Crown Attorney John McMahon portrays Baltovich as a jealous
and obsessed boyfriend, who murdered Bain when she tried to
break off their relationship.
Baltovich's lawyer, William Gatward, argues that the evidence
in the case suggests someone other than his client could have
killed Elizabeth, including the "unidentified blond man" several
witnesses had reportedly seen her with before she disappeared.
The possibility that the so-called "Scarborough rapist" could
have been involved is also raised. Gatward tells the court that
the rapist last struck in May 1990, and he had not been known
to have attacked anyone since Bain disappeared.
Brian King |
Nov. 19, 1990:
Five months to the day after Elizabeth Bain disappeared, Robert
Baltovich is arrested and charged with first-degree murder.
July 25, 1990:
Police search Baltovich's house and impound his car. They seize
several letters between Bain and Baltovich, some of his personal
writings, a magazine, and several items of his clothing. The
Baltovichs' phone is bugged.
July 11, 1990:
On what would have been Elizabeth Bain's 23rd birthday, her
parents, Ricardo and Julita Bain, hold a press conference in
the backyard of their suburban Toronto home. They beg her abductor
to bring her home – or reveal where her body may be found.
Summer 1990:
After Bain's disappearance, police, her family and volunteers
conduct massive searches of ravines, wooded areas and creeks
throughout the Toronto region. Elizabeth Bain's body has never
been found.
Also during the summer of 1990, homicide investigators employ
a controversial method, "hypnotically enhanced memory," with
several witnesses who saw Bain or Baltovich before she disappeared.
Witnesses are hypnotized and questioned about their recollections.
June 24, 1990:
Baltovich provides police with forensic samples. Detective Sergeants
Steve Reesor and Brian Raybould interview him for several hours.
Afterwards, Reesor creates a list in which he cites 10 discrepancies
he finds with Baltovich's version of events.
Paul Bernardo
|
June 22, 1990:
Bain's silver 1981 Toyota Tercel is found parked outside an
auto body shop just a kilometre from her home. There is a large
bloodstain on the floor of the backseat. The Metro Toronto Police
homicide squad takes over the investigation. Baltovich is put
under surveillance.
June 20, 1990:
Julita Bain reports her daughter missing to police at 6:45 a.m.
Tuesday, June 19, 1990:
Elizabeth Bain, 22, vanishes sometime in the early evening.
Her mother, Julita Bain, says she last saw her daughter at 4
p.m. She says Elizabeth left the house to "check the tennis
schedule" at the University of Toronto Scarborough campus.
^TOP
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| NEWS ARCHIVE: |
Court orders new trial for Baltovich (December 2, 2004)
Baltovich, Bain argued before she disappeared: Crown (September 28, 2004)
Baltovich properly convicted, Crown argues (September 24, 2004)
Judge offers opinion in Baltovich appeal (September 23, 2004)
Baltovich lawyers link case to Bernardo (September 21, 2004)
Police had 'tunnel vision' on Baltovich, lawyer says (September 20, 2004)
Baltovich released on bail pending appeal (March 31, 2000)
Man appeals murder conviction, says Bernardo did it (March 29, 2000)
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