Man convicted of child killing granted bail, after 36 years of proclaiming his innocence
Credit to Author: Keith Fraser| Date: Thu, 09 Jan 2020 01:52:49 +0000
A B.C. man convicted of murdering a child 36 years ago, but who has insisted ever since that he is innocent, has been ordered released on bail pending his appeal.
The decision by Justice Elizabeth Bennett of the B.C. Court of Appeal came after the second bail hearing in the past year for Phillip James Tallio, 54.
After hearing submissions from several lawyers on issues concerning increased supervision that could be provided to Tallio should he be released, the judge announced that she was going to grant bail and would give her reasons for the decision on Thursday morning.
Rachel Barsky, a lawyer for Tallio, spoke to several reporters outside court Wednesday shortly after relaying the news by phone to her client, who was not in the courtroom.
“He was actually crying,” said Barsky said of Tallio. “He couldn’t speak for several minutes, he couldn’t say anything at all. He was speechless, which was the first time I think that he could really not speak. He was just crying too much and he was ecstatic.”
Barsky said Tallio has had some escorted temporary absences from prison — “little tastes of the outside world” — but never full release.
“Being on bail is something he has dreamed of for years and years and we’re just so pleased he will be able to make that transition.”
The defence lawyer said that bail could not have happened without the work of Tallio’s institutional parole officer and the warden’s team where Tallio is incarcerated, and the John Howard Society. “This is truly a collaborative effort and we’re really proud of that.”
Tallio, then 17, pleaded guilty in 1983 to the second-degree murder of 22-month old Delavina Mack, but ever since has insisted he was innocent. The University of B.C.’s Innocence Project has been working on his case for several years and his notice of appeal was filed in March 2017.
On Wednesday, the court heard that plans are being made for Tallio to be released to a residence operated by the John Howard Society in the Lower Mainland. The name and address of the facility is subject to a temporary ban on publication imposed by the judge on Wednesday.
The judge, who rejected Tallio’s initial application for bail last summer but left open the possibility he could reapply if greater supervision and structure could be provided upon release, heard that the society had a facility where supervision could be provided 24 hours a day.
Barsky said that Tallio could be at the facility as early as Thursday but added that the details still need to be worked out.
“He’s going to have extensive support in terms of transitioning into the community, in terms of staff members, volunteers, who will be there to assist him,” she said. “So he will have a lot of supports as he takes these next steps to transitioning into the community.”
Barsky said her client could have been out on parole as early as 1993, which was the first date when he could have applied for parole, if he had admitted guilt.
“But because he maintained his innocence, he could not obtain parole. His maintaining his innocence precluded him getting out on parole and now Madam Justice Bennett has granted him release on bail and he is just going to have the best night ever.”
The bail conditions, which will be outlined by the judge Thursday, will likely include a curfew, multiple checks on Tallio during the day and restrictions on contact with children.
Sarah Rauch, a lawyer for the victim’s family, said outside court that her clients were concerned about the bail decision and every step in the legal process was hard for them.
Following the judge’s full reasons for bail Thursday, the case is expected to be back in court later in January for preliminary legal arguments. The appeal, before a three-panel of the court, is expected to get underway March 30.
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with files from Dan Fumano