Private eye uncovers 'startling' findings Convicted killer's fate hangs on new evidence: [AM Edition]
Nick Pron TORONTO STAR. Toronto Star [Toronto, Ont] 14 Oct 1993: A6.
Abstract (summary)
Although the appeal court won't review [Robert Baltovich]'s conviction until next spring, the police could get their hands on King's files before year's end.
It's expected, though, that their bail application will focus primarily on the rapist referred to at Baltovich's trial and his connection to the Lake Scugog area where it's believed [Elizabeth Bain]'s body might be buried.
"I'm sure of my findings," he said. "I wouldn't have spent this long on the case if I didn't believe in what I was doing . . . that I was on the right trail."
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Private eye Brian King refers to it simply as "the files," fresh information he says could help free convicted killer Robert Baltovich from jail.
His findings are "startling" enough, says the amiable sleuth, to help Baltovich in his bid for a new trial, perhaps even win him an early release from jail until his conviction in the death of girlfriend Elizabeth Bain is reviewed by the Ontario Court of Appeal.
But the private detective knows that waiting in the background are some of the top detectives on the Metro police force, just itching to get their hands on his secret findings so they can do their own investigation and punch his work full of holes.
For months now, they've been hearing about the so-called new evidence uncovered by King, and how it purportedly points the finger at another man already in custody in another case.
They already know about some of King's findings. The information was used at Baltovich's trial when his defence team talked about a rapist who had been stalking the area around the University of Toronto's Scarborough campus, where Bain vanished without a trace in June, 1990.
But it's the new stuff, the fresh evidence locked away in King's safe, that has the detectives twitching with anticipation.
"If he's got it then let's see it so we can check it out for ourselves," said one detective.
Although the appeal court won't review Baltovich's conviction until next spring, the police could get their hands on King's files before year's end.
That's when lawyers representing Baltovich say they plan to launch another bid to free him on bail until his case is heard by the appeal court.
They've been turned down once already, but that was before King uncovered his new information, said defence lawyer Michael Engel.
In rejecting the bail bid a year ago, an appeal court judge said he wasn't convinced the 27-year-old psychology graduate would show up for his hearing.
Neither Engel nor King will elaborate on just what their new evidence is, saying it wouldn't be appropriate to reveal that information before it's submitted to the court.
It's expected, though, that their bail application will focus primarily on the rapist referred to at Baltovich's trial and his connection to the Lake Scugog area where it's believed Bain's body might be buried.
Baltovich was convicted last year of second-degree murder in Bain's death, and sentenced to life in prison with no chance of parole for 17 years.
He had been dating Bain for more than a year when she vanished. Her abandoned blood-stained car was found on a street near her family's Scarboro Ave. home three days after her disappearance.
The crown's theory is that Bain had severed the romantic relationship and Baltovich, in a jealous rage, lured the 21-year- old into the woods at the campus where she attended night classes, and killed her.
According to the crown, Baltovich hid Bain's body but upon learning there was to be a massive search of the area, he drove her body in her car to the Lake Scugog area, dumped it, and returned the car to Morrish Rd. in West Hill.
Baltovich did not testify at his trial, but has maintained his innocence all along.
Lawyer Brian Greenspan launched an appeal of Baltovich's conviction in May, 1992, arguing the trial judge unfairly expressed opinions in favor of the prosecution.
So for now, while police wait patiently for the much-anticipated King files, the defence team mulls over its strategy in the case.
If their second bid for bail is rejected, will that hurt their chances to get Baltovich a new trial? Engel doesn't think so. "The fresh evidence . . . is a powerful tool in the appeal."
By making a bail application before year's end, months before the Court of Appeal rules on Baltovich's conviction, the defence team will have to make full disclosure to the courts and the police.
It means police detectives will have several months to pore over King's findings.
"If it were me making the call," said one detective, "I don't see any advantage to making early disclosure."
King said he stands by his investigation, which includes videotaped statements and sworn affidavits, including one from a key witness in another murder case.
In fact, said the 35-year-old private eye, he's almost flattered by all the attention some of Metro's top cops have paid to his investigation.
"The homicide squad has never really been challenged like this before," he said in an interview at the office of King-Reed and Associates Ltd., the private detective agency he co-founded 10 years ago.
"I'm sure of my findings," he said. "I wouldn't have spent this long on the case if I didn't believe in what I was doing . . . that I was on the right trail."
* With files from John Duncanson.
I'm assuming the rapist referred to in the article is the Scarborough Rapist which proved to be Paul Bernardo. There is no doubt the rapist was on the radar of everybody as a suspect. My question is it seems the police believed the body was dumped near Lake Scugog as the rapist (Bernardo) seemed to have a connection to the Lake Scugog area. What was that connection?
The second question is have is that King says he has a statement (I'm assuming witness testimony, but it could possibly be motive or opportunity related) from a "key witness in another murder case." So who is this witness that King refers to and what was his statement?
