ON THIS MOMENTOUS DAY
December 5, 2002. Thirty three years ago, Gerald Burke was murdered. Today, his sons Bob and Darrin are among those congratulating Gary Staples on a hard won victory in finally - at long last - being fully exonerated of any involvement in the murder for which he'd been convicted and incarcerated.
Only the hard work and dedication of many people made this possible. Gary, Bob, and Darrin each offered heartfelt thanks and appreciation for that support and assistance at a press conference in Hamilton today where Gary & Marie, Bob & Cheryl, and Darrin & Julie were joined by friends, family, law students, lawyers, the director of the Innocence Project at Osgoode Hall law school, a representative of AIDWYC, and a Superior Court judge, to mark this momentous occasion, on which a public apology was made by the Hamilton police, along with a promise to turn the file over to the Ontario Provincial Police for a re-investigation of the killing, and an undisclosed financial compensation package.
THE APOLOGY
Following is the verbatim text of the official apology by the Hamilton Police:
"In 1972, Gary Staples was unjustly convicted of a murder he had not committed. The wrongful conviction was caused at least in part by the substandard conduct of certain members of the Police Department in 1969 to 1972.
Gary Staples spent 22 months in prison for the crime and unfairly carries the stigma of the wrongful conviction to this day.
The Hamilton Police Service apologizes to Mr. Staples and his family for this miscarriage of justice. In addition, the Hamilton Police Service acknowledges that the investigation of the murder of Gerald Burke, in part, did not meet the accepted standards for police in 1969-1972. It apologizes to the late Mr. Burke's sons, Darrin Burke and Robert Denison, and to the late Mr. Burke's family for the problems in this investigation of the matter.
The Hamilton Police Service has made significant improvements in the standards of investigations in the intervening years and the foregoing is no reflection on the current police service."
Kenneth D. Robertson
Chief of Police
Although there were two Hamilton police officers in attendance, they declined to speak personally to Gary to offer the apology on behalf of the police department; rather, it was read by Gary's lawyer. Chief Robertson was unavailable and did not attend the news conference.
Webmaster's note: I am absolutely delighted that this day has come to pass. Only the hard work and dedication of many people made it possible. I am thrilled for Gary and Marie that the agony of the past several years is finally over and that they can now put the worst of it behind them and go forward in life absent the ugly cloud of suspicion and hatred hanging over them as it has for so many years in their home town.
I am hopeful that the O.P.P. will be able to shed some light on the murder of Gerald Burke and that the family will one day be able to find answers to questions that have been elusive for far too long. As Bob said on behalf of he and Darrin at the press conference today, "Someone alive today knows who killed our father and we are asking whomever that is to call the Hamilton police or the O.P.P. and let them in on the secret. Both of us and Gary deserve to know who the killer or killers are." Truer words never spoken. The sad reality is that somewhere out there, the real killer or killers have gotten away with this horrific murder for more than 3 decades. It is hoped that one day, this story will come full circle and justice will also be brought to those responsible for the murder.
I am grateful to have had the distinct pleasure of getting to know the Staples, Denison, and Burke families over the past few years and I am proud to have played a role in discovering the existence of police misconduct that led to today's events. It is only by continuing to "kick at the darkness until it bleeds daylight" that wrongful convictions can be unearthed and corrected, and that justice can truly be done.
