B.C. man's appeal dismissed decades after sex assault and killing of toddler
A Bella Coola, B.C., man who spent more than three decades in jail for a crime he says he didn't commit had his appeal of the conviction dismissed Thursday.
As a teen, Phillip Tallio pleaded guilty to killing a child in 1983: his 22-month-old cousin, Delavina Mack. The little girl had been sexually assaulted and smothered.
In 1984, Tallio was sentenced to life in prison with no parole eligibility for 10 years. He steadfastly maintained his innocence ever since, in spite of his plea, and didn't receive parole when the time came as a result.
In appealing the conviction, Tallio previously told the court he didn't understand the plea deal he entered into at the time. He also said his counsel was ineffective and the police investigation was inadequate.
The decision to dismiss Tallio's appeal said he did not adequately demonstrate that his counsel was ineffective or that his guilty plea was uninformed.
"In our view, Mr. Tallio has failed to establish that, as a result of a cognitive disability, he did not understand what the term 'guilty plea' meant or appreciate that he was admitting to sexually assaulting and killing Delavina," the decision said.
At the time of the initial investigation, DNA testing wasn't being used. The decision released Thursday said DNA testing was done in 2011 on three tissue samples taken from the victim during her autopsy. In spite of Tallio's assertion, the decision said the DNA evidence did not exonerate him.
The decision also said remaining police records "cast doubt" on Tallio's claim that the police didn't complete a proper investigation.
"The adequacy of the investigation cannot be assessed because most of the police file has been lost due to the passage of time," the decision said. "The evidence the appellant relies on to implicate alternate suspects is speculative or circumstantial and does not come close to meeting the balance of probabilities threshold."
Tallio's lawyer Rachel Barsky said they do intend to seek leave to appeal to the Supreme Court of Canada.
"It's not the outcome that we were hoping for, of course, but we've always known that we're playing for the long game here," she said, and added her client is "doing OK," and was prepared for this potential outcome.
"He is disappointed, of course, but we knew this was a possibility."
Barsky said Tallio's counsel will now be reviewing the BC Court of Appeal decision "in detail."
Tallio's sister Lena said she is staying optimistic.
"Today obviously it didn't go the way that we had hoped," she said. "But I also believe that there is light at the end of the tunnel. It's not over yet."
She said she has not talked to her brother since the pandemic started, but hopes they will be together in the future.
"I hope that one day I get to reach out and hug him, and welcome him back to a world that is so new to him now," she said, and added a message directly to her brother. "I love you. I always have loved you, and I will remain strong for you."
CTV News Vancouver has reached out to a lawyer representing Mack's relatives.
Tallio was released on bail last year under several conditions. Following Thursday's ruling, Barsky said he will be in Correctional Services of Canada custody.
CTVNews.ca Top Stories
Canadian gov't proposes new foreign influence registry as part of wide-spanning new bill
Prime Minister Justin Trudeau's government is proposing a suite of new measures and law changes aimed at countering foreign interference in Canada, amid extensive scrutiny over past meddling attempts and an ever-evolving threat landscape.
Winnipeg man admits to killing four women, argues he's not criminally responsible
Defence lawyers of Jeremy Skibicki have admitted in court the accused killed four Indigenous women, but argues he is not criminally responsible for the deaths by way of mental disorder – this latest development has triggered a judge-alone trial rather than a jury trial.
Teacher charged in historical sexual assault of Calgary teenage girl
Calgary police have charged a teacher with the alleged sexual assault of a teenage girl more than 20 years ago.
Man banned from owning animals after fatal Calgary dog attack
The owner of three Calgary dogs that got loose and mauled a woman to death in 2022 has been ordered to pay a $15,000 fine within one year and banned from owning any animal for 15 years.
East-end Ottawa family dealing with massive rat infestation
Residents in Ottawa’s Elmridge Gardens complex are dealing with a rat infestation that just won’t go away. Now, after doing everything they can to try to fix the issue, they are pleading with the city to step in and help.
Mediterranean staple may lower your risk of death from dementia, study finds
A daily spoonful of olive oil could lower your risk of dying from dementia, according to a new study by Harvard scientists.
An El Nino-less summer is coming. Here's what that could mean for Canada
As Canadians brace themselves for summer temperatures, forecasters say a weakening El Nino cycle doesn’t mean relief from the heat.
Newfoundland and Labrador latest province to tighten rules on Airbnbs
Newfoundland and Labrador is the latest jurisdiction to bring in stricter rules for short-term rentals, with a coming set of regulations that will force operators to register with the provincial government.
DEVELOPING Israel says Hamas deal is 'far' from meeting its demands as Rafah offensive looms
Israel said the terms of a ceasefire deal Hamas accepted on Monday remained 'far from' meeting its demands and warned its military operations in Rafah would continue, even as it sent negotiators to talk to mediators.