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CANADA Canada - Elizabeth Bain, 22, Scarborough Ont, 19 June 1990 #1
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Man thought of killing Bain, jury hears Dated university student before her disappearance, murder trial told
Claridge, Thomas. The Globe and Mail [Toronto, Ont] 06 Feb 1992: A.10.
Abstract (summary)
When [Elizabeth Bain] had not returned by morning, Mrs. Bain said, she phoned the [Robert Baltovich] house and asked to speak to Robert. On being told Elizabeth had not shown up, she testified, the boyfriend replied: "Oh no, something's definitely wrong," and said he would be at the Bain house within a half-hour.
Full Text
Man thought of killing Bain, jury hears Dated university student before her disappearance, murder trial told
Thursday, February 06, 1992
THOMAS CLARIDGE
Toronto ONT -- BY THOMAS CLARIDGE Courts Reporter TORONTO An Ontario Court jury was told yesterday that Robert Baltovich admitted to police that he had once thought of killing Elizabeth Bain, a university student he dated for 18 months before her disappearance in June, 1990.
In a 50-minute opening address, Crown attorney John McMahon said Mr. Baltovich's admission came during a four-hour interview on July 5, 1990, five months before he was charged with second-degree murder.
Mr. McMahon said a transcript of the interview shows that at one point in the interview, when Mr. Baltovich was expressing strong feelings for Ms. Bain, he was asked whether he had "ever thought about harming her."
"Yes, I have," the Crown attorney quoted the accused man as having replied. He said the thoughts occurred in the fall of 1987, at a time when Ms. Bain was rejecting his attempts to date her.
Asked then whether he had "ever thought about killing her," Mr. Baltovich had replied: "Yes. That was in the fall of 1987."
Mr. McMahon said the accused man went on to insist that he had had no recurrence of such thoughts. "I loved her and I never wanted to harm her."
As he began his address, the prosecutor warned the eight men and four women on the jury that the case would require their "strict attention." Although a killing had not been witnessed and no body had been found, Mr. McMahon said it was still possible in Canada "to be convicted of murder without recovery of the body."
Likening the Crown's evidence to tiny pieces of a jigsaw puzzle, the lawyer said that when it was put together the jury would have "a picture of Elizabeth Bain's killing and a picture of Elizabeth Bain's killer, Robert Baltovich."
Mr. McMahon said the jury will be shown evidence that Mr. Baltovich, 26, had both a motive and an opportunity to kill Ms. Bain "and that she indeed did die, even though the body has not been recovered."
The proof of death, he said, lay in expert analysis of blood found on the floorboard of Ms. Bain's 1981 Toyota Tercel. Mr. McMahon said a DNA profile of the blood, still moist when the car was found three days after Ms. Bain's disappearance, showed that it must have been that of the alleged victim or her younger sister Catharine, who is expected to testify that it could not have been hers.
The prosecutor said evidence will show that when Ms. Bain and Mr. Baltovich first met in 1987 "Mr. Baltovich desperately wanted to go out with her but she rejected him." Although they had begun dating in early 1989 and the relationship had blossomed into romance, he said, the jurors will hear evidence suggesting that it was foundering in the weeks before the disappearance.
Mr. McMahon said that, although Mr. Baltovich told police the relationship had been going well, that was not what he had told others.
He said one proposed Crown witness is expected to testify that when she asked Mr. Baltovich how things were going with Ms. Bain he replied: "Not good." Mr. McMahon predicted another would describe a conversation during which Mr. Baltovich told of having received a "Dear John" letter from his girlfriend.
The Crown lawyer said the letter apparently indicated "either that the relationship was over, or at least that Elizabeth Bain had some problems with the relationship."
Yet another witness is expected to tell the trial of a conversation in which Mr. Baltovich complained that his girlfriend's aunt was pressing her to abandon any relationships she had with men, the prosecutor said.
The jury was told that other Crown witnesses will tell of observing Ms. Bain and a man in a heated argument the night of June 17, 1990, and seeing Ms. Bain and a man sitting on a park bench at about 5:45 p.m. on July 19.
Ms. Bain's mother, Julita, testified that she last saw her daughter at about 4 p.m. that day, when she left in her car.
She said Mr. Baltovich came to the Bains home on Scarborough Avenue about 9:15 that evening asking whether Elizabeth was home. Recalling that he seemed to be in a hurry, Mrs. Bain said that when she told him her daughter had not returned he replied, "That's strange, that's strange," and shook his head.
When Elizabeth had not returned by morning, Mrs. Bain said, she phoned the Baltovich house and asked to speak to Robert. On being told Elizabeth had not shown up, she testified, the boyfriend replied: "Oh no, something's definitely wrong," and said he would be at the Bain house within a half-hour.
At one point in her testimony, Mrs. Bain remarked tearfully that it was inconceivable to her that her daughter's life could have ended "that way. We don't even have a grave to lay flowers on."
In his opening address to the jury, Mr. McMahon indicated that the Crown case will include actions of Mr. Baltovich after Ms. Bain's disappearance from which the jury could infer a consciousness of guilt.
The actions included taking a loose-leaf diary from his girlfriend's bedroom and returning only some of its contents; trying to develop a false alibi, and apparently disposing of clothing he was wearing the afternoon of June 19.
Mr. McMahon said one Crown witness will describe seeing a man resembling the accused at the wheel of Ms. Bain's car near Lake Scugog, about 60 kilometres northeast of Scarborough, and experts will show that, when found later the same day, the car had used up enough gasoline for a trip that distance.
The trial, presided over by Mr. Justice John O'Driscoll of the court's General Division, is expected to last four to six weeks.
Claridge, Thomas. The Globe and Mail [Toronto, Ont] 06 Feb 1992: A.10.
Abstract (summary)
When [Elizabeth Bain] had not returned by morning, Mrs. Bain said, she phoned the [Robert Baltovich] house and asked to speak to Robert. On being told Elizabeth had not shown up, she testified, the boyfriend replied: "Oh no, something's definitely wrong," and said he would be at the Bain house within a half-hour.
Full Text
Man thought of killing Bain, jury hears Dated university student before her disappearance, murder trial told
Thursday, February 06, 1992
THOMAS CLARIDGE
Toronto ONT -- BY THOMAS CLARIDGE Courts Reporter TORONTO An Ontario Court jury was told yesterday that Robert Baltovich admitted to police that he had once thought of killing Elizabeth Bain, a university student he dated for 18 months before her disappearance in June, 1990.
In a 50-minute opening address, Crown attorney John McMahon said Mr. Baltovich's admission came during a four-hour interview on July 5, 1990, five months before he was charged with second-degree murder.
Mr. McMahon said a transcript of the interview shows that at one point in the interview, when Mr. Baltovich was expressing strong feelings for Ms. Bain, he was asked whether he had "ever thought about harming her."
"Yes, I have," the Crown attorney quoted the accused man as having replied. He said the thoughts occurred in the fall of 1987, at a time when Ms. Bain was rejecting his attempts to date her.
Asked then whether he had "ever thought about killing her," Mr. Baltovich had replied: "Yes. That was in the fall of 1987."
Mr. McMahon said the accused man went on to insist that he had had no recurrence of such thoughts. "I loved her and I never wanted to harm her."
As he began his address, the prosecutor warned the eight men and four women on the jury that the case would require their "strict attention." Although a killing had not been witnessed and no body had been found, Mr. McMahon said it was still possible in Canada "to be convicted of murder without recovery of the body."
Likening the Crown's evidence to tiny pieces of a jigsaw puzzle, the lawyer said that when it was put together the jury would have "a picture of Elizabeth Bain's killing and a picture of Elizabeth Bain's killer, Robert Baltovich."
Mr. McMahon said the jury will be shown evidence that Mr. Baltovich, 26, had both a motive and an opportunity to kill Ms. Bain "and that she indeed did die, even though the body has not been recovered."
The proof of death, he said, lay in expert analysis of blood found on the floorboard of Ms. Bain's 1981 Toyota Tercel. Mr. McMahon said a DNA profile of the blood, still moist when the car was found three days after Ms. Bain's disappearance, showed that it must have been that of the alleged victim or her younger sister Catharine, who is expected to testify that it could not have been hers.
The prosecutor said evidence will show that when Ms. Bain and Mr. Baltovich first met in 1987 "Mr. Baltovich desperately wanted to go out with her but she rejected him." Although they had begun dating in early 1989 and the relationship had blossomed into romance, he said, the jurors will hear evidence suggesting that it was foundering in the weeks before the disappearance.
Mr. McMahon said that, although Mr. Baltovich told police the relationship had been going well, that was not what he had told others.
He said one proposed Crown witness is expected to testify that when she asked Mr. Baltovich how things were going with Ms. Bain he replied: "Not good." Mr. McMahon predicted another would describe a conversation during which Mr. Baltovich told of having received a "Dear John" letter from his girlfriend.
The Crown lawyer said the letter apparently indicated "either that the relationship was over, or at least that Elizabeth Bain had some problems with the relationship."
Yet another witness is expected to tell the trial of a conversation in which Mr. Baltovich complained that his girlfriend's aunt was pressing her to abandon any relationships she had with men, the prosecutor said.
The jury was told that other Crown witnesses will tell of observing Ms. Bain and a man in a heated argument the night of June 17, 1990, and seeing Ms. Bain and a man sitting on a park bench at about 5:45 p.m. on July 19.
Ms. Bain's mother, Julita, testified that she last saw her daughter at about 4 p.m. that day, when she left in her car.
She said Mr. Baltovich came to the Bains home on Scarborough Avenue about 9:15 that evening asking whether Elizabeth was home. Recalling that he seemed to be in a hurry, Mrs. Bain said that when she told him her daughter had not returned he replied, "That's strange, that's strange," and shook his head.
When Elizabeth had not returned by morning, Mrs. Bain said, she phoned the Baltovich house and asked to speak to Robert. On being told Elizabeth had not shown up, she testified, the boyfriend replied: "Oh no, something's definitely wrong," and said he would be at the Bain house within a half-hour.
At one point in her testimony, Mrs. Bain remarked tearfully that it was inconceivable to her that her daughter's life could have ended "that way. We don't even have a grave to lay flowers on."
In his opening address to the jury, Mr. McMahon indicated that the Crown case will include actions of Mr. Baltovich after Ms. Bain's disappearance from which the jury could infer a consciousness of guilt.
The actions included taking a loose-leaf diary from his girlfriend's bedroom and returning only some of its contents; trying to develop a false alibi, and apparently disposing of clothing he was wearing the afternoon of June 19.
Mr. McMahon said one Crown witness will describe seeing a man resembling the accused at the wheel of Ms. Bain's car near Lake Scugog, about 60 kilometres northeast of Scarborough, and experts will show that, when found later the same day, the car had used up enough gasoline for a trip that distance.
The trial, presided over by Mr. Justice John O'Driscoll of the court's General Division, is expected to last four to six weeks.
Missing woman pondered killing herself and boyfriend, diary shows: [AM Edition]
Wendy Darroch TORONTO STARView Profile. Toronto Star [Toronto, Ont] 06 Feb 1992: A8.
Abstract (summary)
Prosecutor John McMahon told the jury in his opening address that he will call evidence to show [Robert James Baltovich] told an officer in July, 1990, he had thought of killing [Elizabeth Bain].
He said he will produce evidence that Baltovich was seen with Bain in a valley on the Scarborough campus the night of her disappearance and that a man who looked like the accused was seen four days later driving her gray 1981 Toyota Tercel from Lake Scugog.
There will be evidence Baltovich stole pages from Elizabeth's diary, tried to withhold evidence from the police and asked witnesses not to co-operate with the investigation, he said.
Full Text
Just three days before her disappearance, Elizabeth Bain mused in her diary about killing herself and her boyfriend, a court has been told.
Her boyfriend, Robert James Baltovich, 26, has pleaded not guilty to second-degree murder in the disappearance and presumed death of the 22-year-old university student.
Yesterday, the court heard excerpts from Elizabeth's personal diary, written on June 16.
"Life sucks. It gets worse by the day," she wrote. "Every morning I rise I try to find a reason not to put a bullet in my head. My temper is swarming, I'm going to murder somebody.
"I have to break free and be alone. I want death to come and end this . . . pathetic life that is getting worse by the day. . . . Last night I wanted to put a bullet in Rob's head, he's such a pest. He drains me so much.
"When I saw him following me home yesterday I felt like killing myself. I was in an emotional and physical wreck and feel like killing myself," the jury heard.
But prosecutor John McMahon told the jury in his opening address that he will call evidence to show Baltovich told an officer in July, 1990, he had thought of killing Bain.
"When I first met Liz and after getting to know her for a while, I became convinced in my heart that ah, there was no one more right for her than me, and no one more right for me than her . . . just an inner feeling that somehow we belong together," McMahon quoted him as saying.
"The enormous depression that I felt after being rejected by her, initially, plunged me very deep into despair," McMahon quoted.
He said he will produce evidence that Baltovich was seen with Bain in a valley on the Scarborough campus the night of her disappearance and that a man who looked like the accused was seen four days later driving her gray 1981 Toyota Tercel from Lake Scugog.
Her car was found later that day at an auto body garage on Morrish Rd. Blood similar to Bain's soaked the floor of the back seat.
"We don't even have a grave to put flowers on," Bain's mother, Julita, 55, sobbed yesterday on the witness stand.
"In her heart she had a special place for small children and the handicapped. That is why it is inconceivable her life would end up this way," she said.
She said she believed her daughter and Baltovich had a loving relationship that would result in marriage.
Elizabeth was holding down two part-time jobs looking after disabled people and going to summer school at the Scarborough campus of the University of Toronto during the summer of 1990, her mother told the eight-man, four-woman jury in Ontario Court, general division.
She left her Scarboro Ave. home to go to the campus recreation centre around 3 p.m. on June 19 and never returned, her mother said.
"We searched twice a day, every day, until the winter came and we have searched every weekend since then," Bain said.
When her daughter failed to return home, Bain called Baltovich the next morning who said she was not at his place, court heard. She then called police.
McMahon said forensic evidence will indicate a heavy object, covered with blood, was dragged into the back of Elizabeth's car.
Other witnesses will tell of arguments the couple had and a note Elizabeth wrote ending the relationship, McMahon said.
There will be evidence Baltovich stole pages from Elizabeth's diary, tried to withhold evidence from the police and asked witnesses not to co-operate with the investigation, he said.
The trial, expected to take four to six weeks, is continuing before Mr. Justice John O'Driscoll.
Wendy Darroch TORONTO STARView Profile. Toronto Star [Toronto, Ont] 06 Feb 1992: A8.
Abstract (summary)
Prosecutor John McMahon told the jury in his opening address that he will call evidence to show [Robert James Baltovich] told an officer in July, 1990, he had thought of killing [Elizabeth Bain].
He said he will produce evidence that Baltovich was seen with Bain in a valley on the Scarborough campus the night of her disappearance and that a man who looked like the accused was seen four days later driving her gray 1981 Toyota Tercel from Lake Scugog.
There will be evidence Baltovich stole pages from Elizabeth's diary, tried to withhold evidence from the police and asked witnesses not to co-operate with the investigation, he said.
Full Text
Just three days before her disappearance, Elizabeth Bain mused in her diary about killing herself and her boyfriend, a court has been told.
Her boyfriend, Robert James Baltovich, 26, has pleaded not guilty to second-degree murder in the disappearance and presumed death of the 22-year-old university student.
Yesterday, the court heard excerpts from Elizabeth's personal diary, written on June 16.
"Life sucks. It gets worse by the day," she wrote. "Every morning I rise I try to find a reason not to put a bullet in my head. My temper is swarming, I'm going to murder somebody.
"I have to break free and be alone. I want death to come and end this . . . pathetic life that is getting worse by the day. . . . Last night I wanted to put a bullet in Rob's head, he's such a pest. He drains me so much.
"When I saw him following me home yesterday I felt like killing myself. I was in an emotional and physical wreck and feel like killing myself," the jury heard.
But prosecutor John McMahon told the jury in his opening address that he will call evidence to show Baltovich told an officer in July, 1990, he had thought of killing Bain.
"When I first met Liz and after getting to know her for a while, I became convinced in my heart that ah, there was no one more right for her than me, and no one more right for me than her . . . just an inner feeling that somehow we belong together," McMahon quoted him as saying.
"The enormous depression that I felt after being rejected by her, initially, plunged me very deep into despair," McMahon quoted.
He said he will produce evidence that Baltovich was seen with Bain in a valley on the Scarborough campus the night of her disappearance and that a man who looked like the accused was seen four days later driving her gray 1981 Toyota Tercel from Lake Scugog.
Her car was found later that day at an auto body garage on Morrish Rd. Blood similar to Bain's soaked the floor of the back seat.
"We don't even have a grave to put flowers on," Bain's mother, Julita, 55, sobbed yesterday on the witness stand.
"In her heart she had a special place for small children and the handicapped. That is why it is inconceivable her life would end up this way," she said.
She said she believed her daughter and Baltovich had a loving relationship that would result in marriage.
Elizabeth was holding down two part-time jobs looking after disabled people and going to summer school at the Scarborough campus of the University of Toronto during the summer of 1990, her mother told the eight-man, four-woman jury in Ontario Court, general division.
She left her Scarboro Ave. home to go to the campus recreation centre around 3 p.m. on June 19 and never returned, her mother said.
"We searched twice a day, every day, until the winter came and we have searched every weekend since then," Bain said.
When her daughter failed to return home, Bain called Baltovich the next morning who said she was not at his place, court heard. She then called police.
McMahon said forensic evidence will indicate a heavy object, covered with blood, was dragged into the back of Elizabeth's car.
Other witnesses will tell of arguments the couple had and a note Elizabeth wrote ending the relationship, McMahon said.
There will be evidence Baltovich stole pages from Elizabeth's diary, tried to withhold evidence from the police and asked witnesses not to co-operate with the investigation, he said.
The trial, expected to take four to six weeks, is continuing before Mr. Justice John O'Driscoll.
Defence suggests brother had motive to murder sister Witness storms angrily out of court after testifying in Baltovich trial
Claridge, Thomas. The Globe and Mail [Toronto, Ont] 07 Feb 1992: A.8.
Abstract (summary)
Translate Abstract
Arlene Coventry, a former classmate who said she was probably Miss Bain's closest friend, told the court that she once tried unsuccessfully to persuade [Elizabeth Bain] to break up with Mr. [Robert Baltovich] after they had been having problems. "She really wanted things to work out."
Full Text
Defence suggests brother had motive to murder sister Witness storms angrily out of court after testifying in Baltovich trial
Friday, February 07, 1992
THOMAS CLARIDGE
Toronto ONT -- BY THOMAS CLARIDGE Courts Reporter TORONTO A brother of Elizabeth Bain stormed angrily from a courtroom yesterday after facing suggestions that he, not Robert Baltovich, had killed his sister and left her body in the Lake Scugog area north of Oshawa.
The suggestions came during cross-examination of Mark Bain by Michael Engel, one of two lawyers defending Mr. Baltovich against a charge of second-degree murder laid six months after Miss Bain vanished on June 19, 1990.
The line of questioning was aimed at establishing that Mr. Bain, 23, not only bore a resemblance to Mr. Baltovich, 26, but, like him, had motive and opportunity to kill Miss Bain and had done things later that could be construed as showing a consciousness of guilt.
The suggestion of motive came when the defence lawyer asked whether Mr. Bain knew his sister had written to his girlfriend suggesting that the girlfriend should end their relationship. The witness said he was unaware of any such letter.
In other questioning, Mr. Engel established that the brother as well as his client and Miss Bain had been on the University of Toronto's Scarborough campus the evening of June 19, and that after the disappearance Mr. Bain had not participated in some of the early searches in the campus area.
Mr. Bain's explanation for absenting himself from a June 23 search was that he had found himself being pestered by persons asking "for juicy details" of his sister's last known activities.
The questions and answers became testier when Mr. Engel tried to establish that Mr. Bain would have passed through the hamlet of Manchester on trips to a friend's cottage on Lake Scugog during 1990. The Crown witness insisted he had no recollection of going through the tiny hamlet near Port Perry.
The Ontario Court jury had been told earlier that a Crown witness will describe having seen a man he later identified as Mr. Baltovich at the wheel of Miss Bain's 1981 Toyota Tercel in Manchester about 5:30 a.m. on June 22, 1990.
Mr. Engel stopped short of accusing the Crown witness, but as he sat down Crown counsel John McMahon asked Mr. Bain directly: "On June 19. 1990, did you kill your sister?"
"No, I did not kill my sister," Mr. Bain replied.
Asked whether he had driven his sister's car through Manchester three days later, he told the jury: "No. Absolutely not."
A similar negative response was given to the Crown lawyer's final question, asking whether he had disposed of his sister's body "in Lake Scugog at any time."
Told he was free to go, Mr. Bain walked quickly out of the courtroom, eyes ablaze with anger, past members of his family.
Earlier in the day, the jury of eight men and four women heard that Miss Bain may have attempted suicide more than once, and that the discovery of entries in a private diary talking in profane terms of suicide, distrust of others and violence against Mr. Baltovich, her boyfriend, had shocked her family and friends.
Arlene Coventry, a former classmate who said she was probably Miss Bain's closest friend, told the court that she once tried unsuccessfully to persuade Elizabeth to break up with Mr. Baltovich after they had been having problems. "She really wanted things to work out."
During cross-examination, she confirmed that in May, after going with Mr. Baltovich on a trip to Niagara Falls, Miss Bain had suggested that problems between them had been solved and talked of marriage plans.
The trial, presided over by Mr. Justice John O'Driscoll of the court's General Division, continues.
Claridge, Thomas. The Globe and Mail [Toronto, Ont] 07 Feb 1992: A.8.
Abstract (summary)
Translate Abstract
Arlene Coventry, a former classmate who said she was probably Miss Bain's closest friend, told the court that she once tried unsuccessfully to persuade [Elizabeth Bain] to break up with Mr. [Robert Baltovich] after they had been having problems. "She really wanted things to work out."
Full Text
Defence suggests brother had motive to murder sister Witness storms angrily out of court after testifying in Baltovich trial
Friday, February 07, 1992
THOMAS CLARIDGE
Toronto ONT -- BY THOMAS CLARIDGE Courts Reporter TORONTO A brother of Elizabeth Bain stormed angrily from a courtroom yesterday after facing suggestions that he, not Robert Baltovich, had killed his sister and left her body in the Lake Scugog area north of Oshawa.
The suggestions came during cross-examination of Mark Bain by Michael Engel, one of two lawyers defending Mr. Baltovich against a charge of second-degree murder laid six months after Miss Bain vanished on June 19, 1990.
The line of questioning was aimed at establishing that Mr. Bain, 23, not only bore a resemblance to Mr. Baltovich, 26, but, like him, had motive and opportunity to kill Miss Bain and had done things later that could be construed as showing a consciousness of guilt.
The suggestion of motive came when the defence lawyer asked whether Mr. Bain knew his sister had written to his girlfriend suggesting that the girlfriend should end their relationship. The witness said he was unaware of any such letter.
In other questioning, Mr. Engel established that the brother as well as his client and Miss Bain had been on the University of Toronto's Scarborough campus the evening of June 19, and that after the disappearance Mr. Bain had not participated in some of the early searches in the campus area.
Mr. Bain's explanation for absenting himself from a June 23 search was that he had found himself being pestered by persons asking "for juicy details" of his sister's last known activities.
The questions and answers became testier when Mr. Engel tried to establish that Mr. Bain would have passed through the hamlet of Manchester on trips to a friend's cottage on Lake Scugog during 1990. The Crown witness insisted he had no recollection of going through the tiny hamlet near Port Perry.
The Ontario Court jury had been told earlier that a Crown witness will describe having seen a man he later identified as Mr. Baltovich at the wheel of Miss Bain's 1981 Toyota Tercel in Manchester about 5:30 a.m. on June 22, 1990.
Mr. Engel stopped short of accusing the Crown witness, but as he sat down Crown counsel John McMahon asked Mr. Bain directly: "On June 19. 1990, did you kill your sister?"
"No, I did not kill my sister," Mr. Bain replied.
Asked whether he had driven his sister's car through Manchester three days later, he told the jury: "No. Absolutely not."
A similar negative response was given to the Crown lawyer's final question, asking whether he had disposed of his sister's body "in Lake Scugog at any time."
Told he was free to go, Mr. Bain walked quickly out of the courtroom, eyes ablaze with anger, past members of his family.
Earlier in the day, the jury of eight men and four women heard that Miss Bain may have attempted suicide more than once, and that the discovery of entries in a private diary talking in profane terms of suicide, distrust of others and violence against Mr. Baltovich, her boyfriend, had shocked her family and friends.
Arlene Coventry, a former classmate who said she was probably Miss Bain's closest friend, told the court that she once tried unsuccessfully to persuade Elizabeth to break up with Mr. Baltovich after they had been having problems. "She really wanted things to work out."
During cross-examination, she confirmed that in May, after going with Mr. Baltovich on a trip to Niagara Falls, Miss Bain had suggested that problems between them had been solved and talked of marriage plans.
The trial, presided over by Mr. Justice John O'Driscoll of the court's General Division, continues.
Not sure what to make of the blood in the rear of EB's car not being very dry (under the carpet) on the afternoon of 22 June and someone claiming to see her vehicle being driven early in the morning of 22 June. Yet it was seen parked and unattended during the day on 20 and 21 June.
No odor, no insect activity inside the car.
No odor, no insect activity inside the car.
Have not seen mention yet of blood transfer in the front of the car. How do you open someone's skull, drawing brain matter and not have any on your hands, clothing etc especially when you lift that person into the back of a vehicle?
If there was no transfer found, find myself leaning towards someone cleaned up first - which takes opportunity and place to do so.
If there was no transfer found, find myself leaning towards someone cleaned up first - which takes opportunity and place to do so.
The sighting of her vehicle on the 22nd near Port Perry was pretty much the Crown's star witness. This placed the time of the body being moved. However, that sighting has mostly been discredited with the witness apparently saying he hoped to get some reward money. I've heard this but I've yet to find the information to prove this was a fabrication.
Moving the body the very first night still makes sense for so many reasons we have all discussed.
A woman testified she was walking her puppy on the night of the 21st at 11:00PM and she did NOT see the car parked across from 3r Auto Body. The next morning of the 22nd at 5:45AM the same woman said she did NOT see the car at 3r again. This would tend to corroborate the Crown's theory.
I'll put both theories out there for people to decide.
As for no blood in the front of the car there are three possible explanations. The first being that since Baltovich was at the gym he had a change of clothes. Possibly even two pairs of shorts. One witness saw him wearing lycra cycling shorts while others said he wore checkered shorts. Plus another witness saw him wearing jeans. All the same night. Not that hard to change in the woods. Bloody clothes could be hidden in a gym bag until they were disposed of. Plus the body was probably wrapped up in a blanket. Who would want to be driving around, and somebody obviously did, with a body in the back seat. At least wrapped in a blanket a passing truck would be less likely to notice. She did have blankets in her car. The blanket would probably keep a fair bit of blood off yourself. Also there are creeks in the area.
The second possibility is the second person being involved scenario. This person was at the gym as well that night.
The third possibility is that it's an entire different person to RB or EG.
Moving the body the very first night still makes sense for so many reasons we have all discussed.
A woman testified she was walking her puppy on the night of the 21st at 11:00PM and she did NOT see the car parked across from 3r Auto Body. The next morning of the 22nd at 5:45AM the same woman said she did NOT see the car at 3r again. This would tend to corroborate the Crown's theory.
I'll put both theories out there for people to decide.
As for no blood in the front of the car there are three possible explanations. The first being that since Baltovich was at the gym he had a change of clothes. Possibly even two pairs of shorts. One witness saw him wearing lycra cycling shorts while others said he wore checkered shorts. Plus another witness saw him wearing jeans. All the same night. Not that hard to change in the woods. Bloody clothes could be hidden in a gym bag until they were disposed of. Plus the body was probably wrapped up in a blanket. Who would want to be driving around, and somebody obviously did, with a body in the back seat. At least wrapped in a blanket a passing truck would be less likely to notice. She did have blankets in her car. The blanket would probably keep a fair bit of blood off yourself. Also there are creeks in the area.
The second possibility is the second person being involved scenario. This person was at the gym as well that night.
The third possibility is that it's an entire different person to RB or EG.
Lawyer mocks defence claims Evidence shows Baltovich innocent, jury told in summation
Smith, Beverley. The Globe and Mail [Toronto, Ont] 21 Mar 1992: A.9.
Abstract (summary)
Immediately after Mr. [John McMahon] began his address to the jury, and remarked that Mr. Baltovich killed Ms. [Elizabeth Bain], Adele Baltovich - mother of the accused - left the courtroom and did not return. The Crown maintains that Mr. Baltovich killed Ms. Bain and hid her body until he could move it to Lake Scucog and dispose of it.
Full Text
Lawyer mocks defence claims Evidence shows Baltovich innocent, jury told in summation
Saturday, March 21, 1992
BEVERLEY SMITH
Toronto ONT -- BY BEVERLEY SMITH The Globe and Mail TORONTO Defence lawyers acting for Robert Baltovich are "fighting shadows" in suggesting that someone else killed Elizabeth Bain almost two years ago, Crown attorney John McMahon told the jury in his summation yesterday.
The 22-year-old university student was Mr. Baltovich's girlfriend when she went missing on June 19, 1990. Her body has never been found. Mr. Baltovich, 26, has pleaded not guilty to a charge of second-degree murder.
In his address to the jury in the Ontario Court's General Division, Mr. Baltovich's lawyer, William Gatward, said the evidence not only indicated that his client was innocent but it suggested someone else could have killed the young woman.
He drew the jury's attention to a Scarborough man accused of violence and sexual assaults who knew the Bain family, was an usher in their church, jogged in the park where Ms. Bain's car was parked the night she disappeared, and had a cottage north of the intersection where Ms. Bain's car was seen. The man left the country before the courts dealt with charges brought by members of his family.
Mr. Gatward also said the man, who uses the name Patrick Mahoney, lived in areas where numerous sexual attacks have occurred in recent years. The Scarborough rapist last struck in May of 1990, he said.
"Since Miss Bain went missing, he hasn't struck again," he said, adding that no connection has been made between Mr. Mahoney and the rapist.
The police did not know about Mr. Mahoney until long after Mr. Baltovich had been charged with Ms. Bain's murder. However, yesterday Mr. McMahon told the court the evidence that Mr. Baltovich is the killer is "overwhelming."
Immediately after Mr. McMahon began his address to the jury, and remarked that Mr. Baltovich killed Ms. Bain, Adele Baltovich - mother of the accused - left the courtroom and did not return. The Crown maintains that Mr. Baltovich killed Ms. Bain and hid her body until he could move it to Lake Scucog and dispose of it.
Marianne Perz, a Crown witness who was one of the last friends to see Ms. Bain alive, had testified that she saw her sitting with Mr. Baltovich at a picnic table near the tennis courts at the University of Toronto at about 5:40 p.m. the day she went missing.
That evidence directly contradicts Baltovich family testimony that the accused was at home until 6:30 p.m. that day.
Mr. McMahon suggested Baltovich family members falsely created alibis for the accused, and that Mr. Baltovich lied to police about his relationship with Ms. Bain, and his opporunity to kill her.
Mr. Baltovich told police that he felt like killing Ms. Bain when she rejected his romantic advances in 1987. Mr. McMahon suggested Mr. Baltovich killed Ms. Bain after she tried to end the relationship just before her disappearance.
Defence lawyers maintained that the Crown's case was built on "suspicion and red herrings" and that no direct evidence links Mr. Baltovich to the killing.
Note: This article brings up the name of the man, Patrick Mahoney, who was believed to have committed some of the sexual assaults and also explains why the information came about to search in the Lake Scugog area.
Smith, Beverley. The Globe and Mail [Toronto, Ont] 21 Mar 1992: A.9.
Abstract (summary)
Immediately after Mr. [John McMahon] began his address to the jury, and remarked that Mr. Baltovich killed Ms. [Elizabeth Bain], Adele Baltovich - mother of the accused - left the courtroom and did not return. The Crown maintains that Mr. Baltovich killed Ms. Bain and hid her body until he could move it to Lake Scucog and dispose of it.
Full Text
Lawyer mocks defence claims Evidence shows Baltovich innocent, jury told in summation
Saturday, March 21, 1992
BEVERLEY SMITH
Toronto ONT -- BY BEVERLEY SMITH The Globe and Mail TORONTO Defence lawyers acting for Robert Baltovich are "fighting shadows" in suggesting that someone else killed Elizabeth Bain almost two years ago, Crown attorney John McMahon told the jury in his summation yesterday.
The 22-year-old university student was Mr. Baltovich's girlfriend when she went missing on June 19, 1990. Her body has never been found. Mr. Baltovich, 26, has pleaded not guilty to a charge of second-degree murder.
In his address to the jury in the Ontario Court's General Division, Mr. Baltovich's lawyer, William Gatward, said the evidence not only indicated that his client was innocent but it suggested someone else could have killed the young woman.
He drew the jury's attention to a Scarborough man accused of violence and sexual assaults who knew the Bain family, was an usher in their church, jogged in the park where Ms. Bain's car was parked the night she disappeared, and had a cottage north of the intersection where Ms. Bain's car was seen. The man left the country before the courts dealt with charges brought by members of his family.
Mr. Gatward also said the man, who uses the name Patrick Mahoney, lived in areas where numerous sexual attacks have occurred in recent years. The Scarborough rapist last struck in May of 1990, he said.
"Since Miss Bain went missing, he hasn't struck again," he said, adding that no connection has been made between Mr. Mahoney and the rapist.
The police did not know about Mr. Mahoney until long after Mr. Baltovich had been charged with Ms. Bain's murder. However, yesterday Mr. McMahon told the court the evidence that Mr. Baltovich is the killer is "overwhelming."
Immediately after Mr. McMahon began his address to the jury, and remarked that Mr. Baltovich killed Ms. Bain, Adele Baltovich - mother of the accused - left the courtroom and did not return. The Crown maintains that Mr. Baltovich killed Ms. Bain and hid her body until he could move it to Lake Scucog and dispose of it.
Marianne Perz, a Crown witness who was one of the last friends to see Ms. Bain alive, had testified that she saw her sitting with Mr. Baltovich at a picnic table near the tennis courts at the University of Toronto at about 5:40 p.m. the day she went missing.
That evidence directly contradicts Baltovich family testimony that the accused was at home until 6:30 p.m. that day.
Mr. McMahon suggested Baltovich family members falsely created alibis for the accused, and that Mr. Baltovich lied to police about his relationship with Ms. Bain, and his opporunity to kill her.
Mr. Baltovich told police that he felt like killing Ms. Bain when she rejected his romantic advances in 1987. Mr. McMahon suggested Mr. Baltovich killed Ms. Bain after she tried to end the relationship just before her disappearance.
Defence lawyers maintained that the Crown's case was built on "suspicion and red herrings" and that no direct evidence links Mr. Baltovich to the killing.
Note: This article brings up the name of the man, Patrick Mahoney, who was believed to have committed some of the sexual assaults and also explains why the information came about to search in the Lake Scugog area.
Another man seen with Bain, court told Final witnesses called in Baltovich trial
Claridge, Thomas. The Globe and Mail [Toronto, Ont] 19 Mar 1992: A.11.
Abstract (summary)
The woman said she approached police and Mr. [Robert Baltovich]'s lawyers when she read about the trial and realized that her assailant had gone to St. Joseph's Roman Catholic Church, which the [Elizabeth Bain] family attended, and often frequented parks near the University of Toronto's Scarborough Campus, where Ms. Bain was a student.
Another man seen with Bain, court told Final witnesses called in Baltovich trial
Thursday, March 19, 1992
THOMAS CLARIDGE
Toronto ONT -- BY THOMAS CLARIDGE Courts Reporter TORONTO Final witnesses yesterday in the murder trial of Robert Baltovich included a restaurant owner who testified that he saw another man in the company of Elizabeth Bain shortly before her disappearance and a woman who told of being sexually abused by a man who has since fled to Ireland.
Restaurateur George Chau said Ms. Bain, a regular patron of his Silver Dragon restaurant, came to the take-out counter with a blond-haired man he described as in his mid 20s and about 5 feet 7 inches tall about three weeks before she vanished on June 19, 1990.
Mr. Chau said that when he asked the man whether he could serve him "he said, 'No, I'm with her.' " Although no body has been found, Mr. Baltovich, 26, became the prime murder suspect when blood from Ms. Bain was found in her car, and close friends said she had talked of ending their year-long romance.
The description of the other man given yesterday resembled that of a man a previous defence witness said was with Ms. Bain at about 8 p.m. on June 12, 1990. Giving evidence on Tuesday, Tasmin Shiekh said the man, whom she described as "fairly husky" with collar-length blond hair, was sitting beside Ms. Bain in a red Jeep, where the two were apparently arguing.
Ms. Shiekh described the man in the Jeep as about 5 feet 6 inches tall and in his mid-20s.
Earlier in the trial, a Crown witness testified that she saw Ms. Bain on the night of her disappearance in the passenger seat of her 1981 Toyota beside a man whom she could not see clearly but who had a well-tanned, muscular arm. Ruth Collins, owner of a Scarborough health-food store that Ms. Bain had patronized, said the car was parked outside an auto body shop near where the Toyota was found on June 22, 1990.
That sighting was also put as at about 8 p.m., a time when other witnesses have placed Mr. Baltovich in a recreation centre at the University of Toronto's Scarborough campus.
The last witness called by the defence yesterday was a 37-year-old woman who told of having been repeatedly attacked by a brother-in-law who fled to his native Ireland rather than face charges involving allegations from three different female complainants.
The woman said the man had used the false name Patrick Mahoney.
The woman said she approached police and Mr. Baltovich's lawyers when she read about the trial and realized that her assailant had gone to St. Joseph's Roman Catholic Church, which the Bain family attended, and often frequented parks near the University of Toronto's Scarborough Campus, where Ms. Bain was a student.
Later yesterday, the senior police investigator in the Bain case returned to the witness box to confirm that several unsolved sexual assaults occurred in 1987 and 1988 near where the alleged assailant had lived, and that at the time the man was an usher at St. Joseph's Church.
Detective Sergeant Brian Raybould said that the man had been scheduled to work the night Ms. Bain disappeared, but that it could not be established whether he had turned up for work.
Mr. Justice John O'Driscoll of the Ontario Court's General Division told the jury to return tomorrow for addresses by the defence and Crown.
Claridge, Thomas. The Globe and Mail [Toronto, Ont] 19 Mar 1992: A.11.
Abstract (summary)
The woman said she approached police and Mr. [Robert Baltovich]'s lawyers when she read about the trial and realized that her assailant had gone to St. Joseph's Roman Catholic Church, which the [Elizabeth Bain] family attended, and often frequented parks near the University of Toronto's Scarborough Campus, where Ms. Bain was a student.
Another man seen with Bain, court told Final witnesses called in Baltovich trial
Thursday, March 19, 1992
THOMAS CLARIDGE
Toronto ONT -- BY THOMAS CLARIDGE Courts Reporter TORONTO Final witnesses yesterday in the murder trial of Robert Baltovich included a restaurant owner who testified that he saw another man in the company of Elizabeth Bain shortly before her disappearance and a woman who told of being sexually abused by a man who has since fled to Ireland.
Restaurateur George Chau said Ms. Bain, a regular patron of his Silver Dragon restaurant, came to the take-out counter with a blond-haired man he described as in his mid 20s and about 5 feet 7 inches tall about three weeks before she vanished on June 19, 1990.
Mr. Chau said that when he asked the man whether he could serve him "he said, 'No, I'm with her.' " Although no body has been found, Mr. Baltovich, 26, became the prime murder suspect when blood from Ms. Bain was found in her car, and close friends said she had talked of ending their year-long romance.
The description of the other man given yesterday resembled that of a man a previous defence witness said was with Ms. Bain at about 8 p.m. on June 12, 1990. Giving evidence on Tuesday, Tasmin Shiekh said the man, whom she described as "fairly husky" with collar-length blond hair, was sitting beside Ms. Bain in a red Jeep, where the two were apparently arguing.
Ms. Shiekh described the man in the Jeep as about 5 feet 6 inches tall and in his mid-20s.
Earlier in the trial, a Crown witness testified that she saw Ms. Bain on the night of her disappearance in the passenger seat of her 1981 Toyota beside a man whom she could not see clearly but who had a well-tanned, muscular arm. Ruth Collins, owner of a Scarborough health-food store that Ms. Bain had patronized, said the car was parked outside an auto body shop near where the Toyota was found on June 22, 1990.
That sighting was also put as at about 8 p.m., a time when other witnesses have placed Mr. Baltovich in a recreation centre at the University of Toronto's Scarborough campus.
The last witness called by the defence yesterday was a 37-year-old woman who told of having been repeatedly attacked by a brother-in-law who fled to his native Ireland rather than face charges involving allegations from three different female complainants.
The woman said the man had used the false name Patrick Mahoney.
The woman said she approached police and Mr. Baltovich's lawyers when she read about the trial and realized that her assailant had gone to St. Joseph's Roman Catholic Church, which the Bain family attended, and often frequented parks near the University of Toronto's Scarborough Campus, where Ms. Bain was a student.
Later yesterday, the senior police investigator in the Bain case returned to the witness box to confirm that several unsolved sexual assaults occurred in 1987 and 1988 near where the alleged assailant had lived, and that at the time the man was an usher at St. Joseph's Church.
Detective Sergeant Brian Raybould said that the man had been scheduled to work the night Ms. Bain disappeared, but that it could not be established whether he had turned up for work.
Mr. Justice John O'Driscoll of the Ontario Court's General Division told the jury to return tomorrow for addresses by the defence and Crown.
""""A woman testified she was walking her puppy on the night of the 21st at 11:00PM and she did NOT see the car parked across from 3r Auto Body. The next morning of the 22nd at 5:45AM the same woman said she did NOT see the car at 3r again. This would tend to corroborate the Crown's theory.""""
Well I haven't heard of this witness before. This one really doesn't make sense.
There would be nothing whatsoever to make this person identify a vehicle in her
mind on a regular walk with nothing spectacular happening for it to be
engrained in her memory. Could she identify every car she seen that particular night.
Could she identify every single car a week earlier if asked.
How convenient for the crown. Lol. Our brains do not work that way.
Well I haven't heard of this witness before. This one really doesn't make sense.
There would be nothing whatsoever to make this person identify a vehicle in her
mind on a regular walk with nothing spectacular happening for it to be
engrained in her memory. Could she identify every car she seen that particular night.
Could she identify every single car a week earlier if asked.
How convenient for the crown. Lol. Our brains do not work that way.
I find it incredible that the jury took the
word of the pt perry witness on the witness stand
that it was RB he saw, and not his first report on
the description of the person he saw which should have
been the most accurate.
The first description was no where near what
would match for RB
word of the pt perry witness on the witness stand
that it was RB he saw, and not his first report on
the description of the person he saw which should have
been the most accurate.
The first description was no where near what
would match for RB
Imo, it really does come down to when the blood in the backseat of EB's car was placed there. There is an accurate timeline for when she and her car went missing - the age of the blood tells some sequence of events. No blood in the front, if there was none, also tells a sequence of events.
I am disinclined to believe Port Perry guy - my dilemma with him was if the blood was in fact only 12 - 24 hours old, what a coincidence that would be. However, if he has changed any part of his story - then he's out of my equations.
If I have this correct, the Crown's theory was -
RB killed her in the park and hid her body there early Tuesday evening.
He moved her in the wee hours of Friday morning to Port Perry area.
Her car was missing so, the Crown is essentially suggesting RB in fact retrieved her car from somewhere - whether it was 3R or another location - and used her car to move her body.
The Crown/LE went with that theory based on the blood in the backseat was less than 3 days old.
We now know Raybould is alleged to have hid his conversation with CFS that the blood in the backseat was not in the car for three days.
I'm so anxious to see what was presented in court as a report about the blood.
I am disinclined to believe Port Perry guy - my dilemma with him was if the blood was in fact only 12 - 24 hours old, what a coincidence that would be. However, if he has changed any part of his story - then he's out of my equations.
If I have this correct, the Crown's theory was -
RB killed her in the park and hid her body there early Tuesday evening.
He moved her in the wee hours of Friday morning to Port Perry area.
Her car was missing so, the Crown is essentially suggesting RB in fact retrieved her car from somewhere - whether it was 3R or another location - and used her car to move her body.
The Crown/LE went with that theory based on the blood in the backseat was less than 3 days old.
We now know Raybould is alleged to have hid his conversation with CFS that the blood in the backseat was not in the car for three days.
I'm so anxious to see what was presented in court as a report about the blood.
THREE DAYS IN JUNE
In the three days from Elizabeth Bain's disappearance until the discovery of her bloodstained car near the wooded campus of the University of Toronto at Scarborough, her boyfriend Robert Baltovich became the prime suspect. Only after his conviction for murder did suspicion begin to shift toward Paul Bernardo, the serial killer whose last known attack as the Scarborough Rapist had happened just three weeks earlier.
THE DISAPPEARANCE
Sunday, June 17, 1990
According to Robert Baltovich, the last time he saw Elizabeth Bain was at 2:15 a.m. on a Monday morning as she pulled her Toyota Tercel out of the Scarborough campus of the University of Toronto, turning north toward her nearby home. They had spent the evening watching a movie at the home for the disabled where Ms. Bain worked, then parked their cars at the campus and walked into the valley of Colonel Danforth Park, finding a remote copse of trees beyond the principal's residence where they laid out a blanket and had sex. A witness told police, however, that she may have seen them having a screaming fight on a side street.
Monday, June 18, 1990
Ms. Bain's sister, Cathy, told police she heard the couple fighting in the Bains' basement and, later that night, she saw Elizabeth in bed, asleep in her clothes, with her makeup streaked and a rose clutched to her chest. Four months later, Cathy Bain told police this actually happened a week before the disappearance. At appeal, Mr. Baltovich's lawyer, James Lockyer, accused her of making up the entire episode.
Tuesday, June 19, 1990
At 3:45 p.m., Ms. Bain withdraws $80 at a bank, and is seen half an hour later driving alone near her house. Soon after, at home, she tells her mother she is going to check the tennis schedule in the valley. At 5:30, a student sees a blond man on campus who resembled Paul Bernardo, at which time Mr. Baltovich is seen at home by his sister-in-law. At 5:45, a tennis instructor sees Ms. Bain by the tennis courts with two other women and a man. At 6:20, a jogger sees Ms. Bain's car in the parking lot in the valley. At 6:45, Mr. Baltovich drives through the valley and sees her car, with its windows open. He looks around for her, does not find her, and goes to the campus gym, where he is seen at 7:15. At about 8, a pedestrian sees what appears to be Ms. Bain's car parked near an
SOURCE: GOOGLE MAPS
autobody shop. A young woman is in the passenger seat, fighting with a man in the driver's seat. She tries to leave, but he pulls her back in. The witness cannot identify either person. Mr. Baltovich finishes in the weight room at 8:45, and goes to intercept Ms. Bain after her class, which ended at 9:00. Peeking from a stairway landing, he sees an olive-skinned man who matched Ms. Bain's description of a previous boyfriend, and seemed to be waiting for the class to empty. He does not find her, goes back to the gym, and plays volleyball until 10:30, driving home soon after. The Crown's theory in the first trial was that he killed her in the park between 5:45 p.m. and 7:00 p.m., hid her body that evening, and moved it two days later.
Wednesday, June 20, 1990
Elizabeth's mother, Julita Bain, calls police. Early in the morning, Mr. Baltovich picks up Ms. Bain's friend Arlene Coventry, and finds out they did not have specific plans the night before, as Ms. Bain had told him. They go to the tennis courts to speak with the pro. Mr. Baltovich states that Ms. Bain might have hurt herself.
Thursday, June 21, 1990
Now the prime suspect, Mr. Baltovich is interviewed by police until almost midnight. The Crown's original theory was that he returned to the valley after this interview and took the body to the Lake Scugog area, northeast of the city. At the campus, searchers begin to organize and scour the valley.
Friday, June 22, 1990
At 2:00 p.m., Paul Bain and his brother's girlfriend, Nancy Sicchia, discover Elizabeth's car parked near the autobody shop. It is backed up against a snow fence, still in reverse gear, with the passenger seat fully reclined. There is a pool of her blood in the backseat. Her body has not been found.
THE AFTERMATH
Nov. 19, 1990
Mr. Baltovich is arrested and charged with first-degree murder. The Crown later compiles a list of 40 "lies and evasions" he made to police.
March 31, 1992
Mr. Baltovich is convicted by a jury of second-degree murder and later sentenced to life in prison.
Feb. 17, 1993
Serial killer Paul Bernardo is arrested and later determined to be responsible for a series of rapes in Scarborough, the last of which was on May 26, 1990. Receipts indicate he was in Scarborough on the three days following Ms. Bain's disappearance.
April 1, 2000
Mr. Baltovich is released after eight years in jail to await his appeal.
Dec. 2, 2004
The Ontario Court of Appeal rules that the first trial was unfair, marred by legal errors and biased instructions from the judge to the jury. The conviction is overturned.
July 15, 2005
The Crown decides to retry Mr. Baltovich for second-degree murder.
April 22, 2008
After the Crown presents no evidence, a jury acquits Mr. Baltovich.
Credit: National Post
In the three days from Elizabeth Bain's disappearance until the discovery of her bloodstained car near the wooded campus of the University of Toronto at Scarborough, her boyfriend Robert Baltovich became the prime suspect. Only after his conviction for murder did suspicion begin to shift toward Paul Bernardo, the serial killer whose last known attack as the Scarborough Rapist had happened just three weeks earlier.
THE DISAPPEARANCE
Sunday, June 17, 1990
According to Robert Baltovich, the last time he saw Elizabeth Bain was at 2:15 a.m. on a Monday morning as she pulled her Toyota Tercel out of the Scarborough campus of the University of Toronto, turning north toward her nearby home. They had spent the evening watching a movie at the home for the disabled where Ms. Bain worked, then parked their cars at the campus and walked into the valley of Colonel Danforth Park, finding a remote copse of trees beyond the principal's residence where they laid out a blanket and had sex. A witness told police, however, that she may have seen them having a screaming fight on a side street.
Monday, June 18, 1990
Ms. Bain's sister, Cathy, told police she heard the couple fighting in the Bains' basement and, later that night, she saw Elizabeth in bed, asleep in her clothes, with her makeup streaked and a rose clutched to her chest. Four months later, Cathy Bain told police this actually happened a week before the disappearance. At appeal, Mr. Baltovich's lawyer, James Lockyer, accused her of making up the entire episode.
Tuesday, June 19, 1990
At 3:45 p.m., Ms. Bain withdraws $80 at a bank, and is seen half an hour later driving alone near her house. Soon after, at home, she tells her mother she is going to check the tennis schedule in the valley. At 5:30, a student sees a blond man on campus who resembled Paul Bernardo, at which time Mr. Baltovich is seen at home by his sister-in-law. At 5:45, a tennis instructor sees Ms. Bain by the tennis courts with two other women and a man. At 6:20, a jogger sees Ms. Bain's car in the parking lot in the valley. At 6:45, Mr. Baltovich drives through the valley and sees her car, with its windows open. He looks around for her, does not find her, and goes to the campus gym, where he is seen at 7:15. At about 8, a pedestrian sees what appears to be Ms. Bain's car parked near an
SOURCE: GOOGLE MAPS
autobody shop. A young woman is in the passenger seat, fighting with a man in the driver's seat. She tries to leave, but he pulls her back in. The witness cannot identify either person. Mr. Baltovich finishes in the weight room at 8:45, and goes to intercept Ms. Bain after her class, which ended at 9:00. Peeking from a stairway landing, he sees an olive-skinned man who matched Ms. Bain's description of a previous boyfriend, and seemed to be waiting for the class to empty. He does not find her, goes back to the gym, and plays volleyball until 10:30, driving home soon after. The Crown's theory in the first trial was that he killed her in the park between 5:45 p.m. and 7:00 p.m., hid her body that evening, and moved it two days later.
Wednesday, June 20, 1990
Elizabeth's mother, Julita Bain, calls police. Early in the morning, Mr. Baltovich picks up Ms. Bain's friend Arlene Coventry, and finds out they did not have specific plans the night before, as Ms. Bain had told him. They go to the tennis courts to speak with the pro. Mr. Baltovich states that Ms. Bain might have hurt herself.
Thursday, June 21, 1990
Now the prime suspect, Mr. Baltovich is interviewed by police until almost midnight. The Crown's original theory was that he returned to the valley after this interview and took the body to the Lake Scugog area, northeast of the city. At the campus, searchers begin to organize and scour the valley.
Friday, June 22, 1990
At 2:00 p.m., Paul Bain and his brother's girlfriend, Nancy Sicchia, discover Elizabeth's car parked near the autobody shop. It is backed up against a snow fence, still in reverse gear, with the passenger seat fully reclined. There is a pool of her blood in the backseat. Her body has not been found.
THE AFTERMATH
Nov. 19, 1990
Mr. Baltovich is arrested and charged with first-degree murder. The Crown later compiles a list of 40 "lies and evasions" he made to police.
March 31, 1992
Mr. Baltovich is convicted by a jury of second-degree murder and later sentenced to life in prison.
Feb. 17, 1993
Serial killer Paul Bernardo is arrested and later determined to be responsible for a series of rapes in Scarborough, the last of which was on May 26, 1990. Receipts indicate he was in Scarborough on the three days following Ms. Bain's disappearance.
April 1, 2000
Mr. Baltovich is released after eight years in jail to await his appeal.
Dec. 2, 2004
The Ontario Court of Appeal rules that the first trial was unfair, marred by legal errors and biased instructions from the judge to the jury. The conviction is overturned.
July 15, 2005
The Crown decides to retry Mr. Baltovich for second-degree murder.
April 22, 2008
After the Crown presents no evidence, a jury acquits Mr. Baltovich.
Credit: National Post
Imo, this is what is wrong with RB as a suspect -
Takes EB into the park and kills her in the heat of break-up passion about 7:00 pm as per the Crown/LE. He brought his gym bag with him to the park for a change of clothes? Then it wasn't in the heat of passion.
He goes to the gym at 7:15 pm and to look for her after her class at 9:00 pm. Why not get busy preparing to move her body? Why wait 2 days?
The above theory does not even bother to try and explain what RB did about having 2 cars to deal with all of a sudden and when.
Stupid theory by the Crown and LE imo - absolutely no accounting for events that had to take place - like cleaning blood off his hands and footwear. One phrase that caught my eye a few articles back was 'consciousness of guilt'. O/T but comparable - 2 years later the Crown used the same phrase against GPM. We know how DNA proved that to be nonsense three years after that.
Takes EB into the park and kills her in the heat of break-up passion about 7:00 pm as per the Crown/LE. He brought his gym bag with him to the park for a change of clothes? Then it wasn't in the heat of passion.
He goes to the gym at 7:15 pm and to look for her after her class at 9:00 pm. Why not get busy preparing to move her body? Why wait 2 days?
The above theory does not even bother to try and explain what RB did about having 2 cars to deal with all of a sudden and when.
Stupid theory by the Crown and LE imo - absolutely no accounting for events that had to take place - like cleaning blood off his hands and footwear. One phrase that caught my eye a few articles back was 'consciousness of guilt'. O/T but comparable - 2 years later the Crown used the same phrase against GPM. We know how DNA proved that to be nonsense three years after that.
I tend to agree with you eyesonly. The lady walking the puppy did testify at the first trial, and it is the transcripts. She didn't need hypnosis either. lol I guess somebody walking their dog the same route every day may notice things like a car is missing, but not across from a body shop. They would be moving cars in and out quite often, so why would anybody care if a different car was there or not? I definitely wouldn't bet the farm on this.
On the other hand the lady who saw two people fighting in a car outside 3r Auto Body was NOT able to identify either person. The non-identification has to throw this into question as well.
Something in the testimony from 1992 that I found about EG sounded a bit strange to me. EG was attempting to get KN to change his testimony about the time he saw RB in the gym up to one week after Liz vanished and also told him not to tell the police. Then I see EG suddenly remembered he had forgotten to tell the police when he was interviewed, that he had seen RB in the gym at 9:15. Seems weird that somebody who went out of his way for a friend that he worked with on shoring up his alibi would forget a detail like this. I think he forgot the real sighting at 9:15 but lied about RB being at the gym earlier like KN said he saw RB (5:10 - 5:30). EG worked at the college recreation centre where RB had a part time job.
The judge in the last trial that the Crown conceded at, was throwing out any and all witness testimony of anybody that had been hypnotized, including all of MP's (the tennis instructor), including the fact she even saw Liz sitting at the picnic table. That part of the testimony, considering she knew Liz quite well, should have been allowed. The problem with what the judge was doing with not allowing hypnosis testimony, was that he was ruling out everything regardless of whether it was under hypnosis or not, just by the witness, and also the fact hypnosis was allowed as testimony in 1992. Arguments could be made the last trial was as one-sided as the first.
On the other hand the lady who saw two people fighting in a car outside 3r Auto Body was NOT able to identify either person. The non-identification has to throw this into question as well.
Something in the testimony from 1992 that I found about EG sounded a bit strange to me. EG was attempting to get KN to change his testimony about the time he saw RB in the gym up to one week after Liz vanished and also told him not to tell the police. Then I see EG suddenly remembered he had forgotten to tell the police when he was interviewed, that he had seen RB in the gym at 9:15. Seems weird that somebody who went out of his way for a friend that he worked with on shoring up his alibi would forget a detail like this. I think he forgot the real sighting at 9:15 but lied about RB being at the gym earlier like KN said he saw RB (5:10 - 5:30). EG worked at the college recreation centre where RB had a part time job.
The judge in the last trial that the Crown conceded at, was throwing out any and all witness testimony of anybody that had been hypnotized, including all of MP's (the tennis instructor), including the fact she even saw Liz sitting at the picnic table. That part of the testimony, considering she knew Liz quite well, should have been allowed. The problem with what the judge was doing with not allowing hypnosis testimony, was that he was ruling out everything regardless of whether it was under hypnosis or not, just by the witness, and also the fact hypnosis was allowed as testimony in 1992. Arguments could be made the last trial was as one-sided as the first.
excerpt from post 429
"""The description of the other man given yesterday resembled that of a man a previous defence witness said was with Ms. Bain at about 8 p.m. on June 12, 1990. Giving evidence on Tuesday, Tasmin Shiekh said the man, whom she described as "fairly husky" with collar-length blond hair, was sitting beside Ms. Bain in a red JEEP, where the two were apparently arguing."""
ok this is very interesting, i am reading this right as this witness regarding EB and the red jeep occurred on tues june 12, 1990, exactly one week earlier,
i wasn't aware there was an exact date on this sighting.
am i reading this right?
and the EG that snively mentions in the above posts is EG1, RB's friend, and not the EG#2 from the diary. just so no confusion
"""The description of the other man given yesterday resembled that of a man a previous defence witness said was with Ms. Bain at about 8 p.m. on June 12, 1990. Giving evidence on Tuesday, Tasmin Shiekh said the man, whom she described as "fairly husky" with collar-length blond hair, was sitting beside Ms. Bain in a red JEEP, where the two were apparently arguing."""
ok this is very interesting, i am reading this right as this witness regarding EB and the red jeep occurred on tues june 12, 1990, exactly one week earlier,
i wasn't aware there was an exact date on this sighting.
am i reading this right?
and the EG that snively mentions in the above posts is EG1, RB's friend, and not the EG#2 from the diary. just so no confusion
You are reading the report right eyesonly in regards to the person in the red jeep. This sure sounds like the description the fellow at Silver Dragon gave of the person with Liz about 3 weeks earlier.
I did find out that EG1 did in fact work at the UofT campus and was one of RB's main alibis for the night while they were in the gym and vice versa.
The other guy mentioned, Patrick Mahoney, did leave the country soon after Liz vanished. His age was 56, with bronze coloured hair, muscular and tanned with a partial mustache at the time (no description on height that I can find yet) so he wouldn't fit the description of the guy in the red jeep or the Silver Dragon who were supposed to be in their 20's. I don't think anybody would mistake a 56 year old for a 20 year old.
I regards to the gym bag, RB and EG were both at the gym and in RB's case he was driving around. I'm assuming EG drove to the campus as well. They'd have a gym bag with them on the way to the gym earlier in the evening (it does seem the time arriving is in dispute) and if RB went looking for her car at 9:20 he probably took his gym bag with him. Either way it does make sense either individual would have their gym bag with them in their car.
I did find out that EG1 did in fact work at the UofT campus and was one of RB's main alibis for the night while they were in the gym and vice versa.
The other guy mentioned, Patrick Mahoney, did leave the country soon after Liz vanished. His age was 56, with bronze coloured hair, muscular and tanned with a partial mustache at the time (no description on height that I can find yet) so he wouldn't fit the description of the guy in the red jeep or the Silver Dragon who were supposed to be in their 20's. I don't think anybody would mistake a 56 year old for a 20 year old.
I regards to the gym bag, RB and EG were both at the gym and in RB's case he was driving around. I'm assuming EG drove to the campus as well. They'd have a gym bag with them on the way to the gym earlier in the evening (it does seem the time arriving is in dispute) and if RB went looking for her car at 9:20 he probably took his gym bag with him. Either way it does make sense either individual would have their gym bag with them in their car.
The timeline I found him going to the Bain's before going back to the lot to look for her car, but I don't think it matters much which order. After that RB went back to the gym where he is seen wearing jeans, crew neck sweater and running shoes at 10:00. Just proves my point about having the gym bag with him. RB was seen in three separate outfits throughout the night (lycra shorts, multicoloured shorts, and jeans). Easy enough to change in the woods if need be and the creek isn't far away if I recall correctly. I think most people at a gym would have a change of clothes.
I understand that someone would have a change of clothes in their car, in a gym bag or even a WalMart bag, but what did LE suggest RB did when he was in the woods (according to them) with EB?
Did he take a change of clothes into the woods, or did he come out of the woods, with blood on his hands, clothes and footwear, and then change his clothes? If LE says he changed after, then where? At his car? He walked into the gym with blood on himself?
LE can't just ignore what had to happen here. Well, maybe in 1990 - 1992 they could, but that would have been arrogant not to mention they made no attempt to do the job the taxpayers paid them to do. If the jury ignored this 'had to happen' event as well, even worse. Imo.
Did he take a change of clothes into the woods, or did he come out of the woods, with blood on his hands, clothes and footwear, and then change his clothes? If LE says he changed after, then where? At his car? He walked into the gym with blood on himself?
LE can't just ignore what had to happen here. Well, maybe in 1990 - 1992 they could, but that would have been arrogant not to mention they made no attempt to do the job the taxpayers paid them to do. If the jury ignored this 'had to happen' event as well, even worse. Imo.
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