Home / Crime and Justice / Calgary man freed after life sentence quashed
Calgary man freed after life sentence quashed
20 Jan
Summary
- Conviction for two murders overturned due to trial judge's flawed analysis.
- Key evidence included limited fingerprints, DNA, and grainy CCTV footage.
- Man served over five years in custody before acquittals were entered.
The Alberta Court of Appeal overturned a Calgary man's life sentence for two murders, entering acquittals due to "serious flaws" in the trial judge's evidence analysis. Gerald Benn will be released after serving over five years since his September 2020 arrest, as the appellate court deemed the original verdict unreasonable. The conviction relied on fingerprints and DNA from bags found in a vehicle, but the appeal court noted only a fraction of prints were identified, and DNA evidence lacked crucial timing details.
The trial judge also heavily depended on low-quality CCTV footage, finding "similarities" between the grainy video of the shooter and Benn. The appeal court warned of the "unique danger" in comparing poor video of an unknown perpetrator with high-quality images of a suspect, risking unconscious bias. Furthermore, no fingerprints of Benn were found on or inside the vehicle used in the shooting, despite video evidence of the shooter touching it bare-handed.
