Staples seeks apology for wrongful murder conviction Sons of victim want murderer in 1969 case brought to justice By Krista Smith
Special to the Review A decades old murder investigation may finally be re-examined following the discovery of withheld evidence that has led to a lawsuit against the Hamilton police.
Gary Staples was prosecuted and convicted in the 1969 shooting death of Hamilton cab driver Gerald Burke, and spent 22 months in prison prior to receiving a new trial and being acquitted. His name has never been cleared. He has lived his life being known as the man who got away with murder. He's never received an apology or any compensation for the hardships he continues to endure.
But that may soon change. Mr. Staples, along with the sons of the murder victim Gerald Burke, have filed a $6.1 million lawsuit against Hamilton Police Services Board, Chief Ken Robertson, Peter Bracci, Bruce Elwood, James Williams, James Campbell and Norman Thompson. The statement of claim, issued April 26, states the plaintiffs seek a declaration that Gary Staples did not murder Gerald Burke; a declaration that the person(s) who did murder Gerald Burke has or have not been brought to justice; a competent and thorough police investigation in order to bring the person or persons to justice.
The victim's sons, Robert Denison and Darrin Burke, are suing for $1 for negligence; Gary Staples is suing for $5 million for negligence, malicious prosecution, misfeasance in public office, conspiracy and assault and batter, and punitive, exemplary and aggravated damages in the amount of $1 million. Marie Staples, a long-time friend and now wife of Mr. Staples, seeks damages in the amount of $100,000.
Mr. Staples was arrested five months after the murder on the tip of an angry ex-lover, who exchanged information on the muder for leniency on the robbery charges she was facing. He was convicted and sentenced to imprisonment for the remainder of his natural life on Jan. 23, 1971, al the while maintaining his innocence.
The past 30 years have not been good to either the Staples family or the Burkes. The Burkes assumed Gary Staples was the man who took their father away from them when they were only one and two years old, and was getting away with it. Gary Staples was living with the shame of never having his name cleared, and never receiving an apology for the two years taken away from him.
But things changed for the better when, six months ago, a pair of law students from the Innocence Project at Osgoode Hall got involved with the case. While they originally asked police to view the files of the case on behalf of Mr. Staples, they would have to get the Burkes involved in order to access the information they needed.
Police granted those files and seven hours of scouring through papers and memos and police reports turned up a memo, titled The Damned Salisburys. Further investigation of the memo by students Colleen Robertshaw and Dean Ring revealed an officer's report explaining evidence about the Salisburys, two witnesses newar the scene the night of crime, was not disclosed because the investigating officer "concluded at that time their testimony was immaterial and irrelevant and would so confuse a jury that they would acquit just because of the confusion."
The officer admitted in the report the decision was based on inconsistencies between the Salisburys evidence and that of another witness.
Last week, the Burkes stood up with Mr. Staples asking for support in their effort to clear Mr. Staples name and find out who is responsible for the death of Mr. Burke.
"This started off as a quest to find out about our father who we never really knew," said an emotional Robert Denison. "Somebody murdered my father. It wasn't Gary Staples."
Gary Staples is thankful for the support he has received from the Burkes, as well as Network for Hamilton Justice, which is working on his behalf to help him clear his name.
"I'm very tired and I want an end to this," he said. "I want someone to say they're sorry because I haven't killed Gerald Burke."
Sean Dewart is the attorney representing the families. He said the legal system makes mistakes, but this was no accident. "This was the deliberate suppression of evidence," said Mr. Dewart. "Now the police have to account for their unlawful conduct."
He said, unfortunately, although he loves the justice system and is proud of it, this type of thing is happening all the time. It happened to Guy Paul Morin, David Milgaard and a number of others.
"The system needs checks and balances. And the police have to be accountable."
Police Chief Ken Robertson said what has not been portrayed is the fact that police responded immediately to the notification by law students that they had found something, and asked that the information be forwarded for further investigation. "The next thing I know we're being served with a lawsuit," said Chief Robertson.
He said the file will be reviewed by the major crimes unit, and that whatever needs to happen to "ensure justice is done" will be completed. He said police procedures and adequacy regulations require full disclosure as part of all cases today but that was not the case 30 years ago.
"There may have been mistakes made 30 years ago, but this is a very professional organization," he said. "We've come a long way in 30 years."
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