Network for Justice in Hamilton
Chronology

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Following is a brief chronology of events that serves as a summary of the main points that led to the formation of the Network and the pursuit of justice at long last. For more detail, please see the accompanying pages.

December 5, 1969 Gerald Burke murdered

December 6, 1969 Police interview Wayne Salisbury

December 7, 1969 Police interview James Johnston

December 8, 1969 Internal police document - Necessary to re-interview Wayne Salisbury because his information inconsistent with that of James Johnston

December 11, 1969 Police re-interview Wayne Salisbury. Learn that his wife was with him and that they both saw 3 people running from the car.

April 24, 1970 Mary Conklin is being charged and arrested in connection with some robbery or break and enter offences, and volunteers information in exchange for a deal on her own charges.

April 26 , 1970 Police arrest and charge Gary Staples with non-capital murder in the early morning hours, little more than 24 hours after Conklin's story to police. Gary Staples incarcerated.

January 13 - 23, 1971 Gary Staples' first trial. Crown calls James Johnston.

January 23, 1971 Trial concludes. Gary Staples convicted and sentenced to imprisonment "for the remainder of his natural life".

October 21, 1971 Ontario Court of Appeal sets aside conviction and orders new trial

Jan. 11 - Feb. 3, 1972 Gary Staples' second trial. Crown calls James Johnston.

February 3, 1972 Jury acquits Gary Staples. Gary Staples free after 648 days in Barton Street Jail and Kingston Penitentiary.

February 16, 1972 Crown institutes appeal from Staples' acquittal

April 1972 Defence lawyers Arthur Maloney and Walter Stayshyn learn for first time of possible material witness called Salisbury.

April 28, 1972 Defence lawyer Arthur Maloney writes to Hamilton police inquiring about witness named Salisbury.

May 7, 1972 Interdepartmental memo from officer in charge of investigation to superiors titled "The Damned Salisburys". Officer explains that evidence about Salisburys not disclosed because the investigating officers "concluded at the time their testimony was immaterial and irrelevant and would so confuse a jury that they would acquit just because of the confusion." Officer admits that decision was based on inconsistencies between Johnson's evidence and Salisbury's evidence, writes that he is reluctant to put matter down on paper at all, and wonders how Salisburys came to attention of defence lawyers'.

July 11, 1972 Hamilton police write to Crown Attorney explaining why evidence suppressed.

November 6, 1972 Crown formally abandons appeal.

Summer 2000 Gerald Burke's sons and their spouses contact the Innocence Project

October 30, 2000 Innocence Project law students inspect Hamilton Police file and find memo of May 7, 1972 and supporting documents for the first time.

December 7, 2000 Police Chief Ken Robertson writes to confirm that law students can come back to examine file in more detail.

January, 2001 Innocence Project students and Burke family members attempt to arrange access as instructed.

January 31, 2001 Detective Peter Bracci of Hamilton police advises Innocence Project law students that decision has now been made to deny all access to file. Confirms that while file "officially" open, it is not active and no-one assigned to work on case.

February 5, 2001 Police chief Ken Robertson confirms decision to deny further access to file and confirms that no active investigation on-going.

March 9, 2001 Burke family members meet Staples family at Osgoode Hall Law School.

March 9, 2001 Members of the Staples, Burke and Denison families meet for the first time.

April 26, 2001 Lawsuit filed by Staples and Gerald Burke's sons.

June 1, 2001 Hamilton Police Services Board served with Statement of Claim

June 5, 2001 News conference in Hamilton.

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