Crown says B.C. man appealing conviction for 1983 baby murder has ‘selective memory’

Click to play video: 'Crown presents final arguments in Phillip Tallio appeal' Crown presents final arguments in Phillip Tallio appeal
Crown is defending the second degree murder convictions handed down against Phillip Tallio in 1983. Tallio was convicted of killing his 22 month-old cousin, and served 37 years in prison. Rumina Daya reports – Nov 25, 2020

A Crown attorney says a man who claims he wrongly spent 37 years in prison has “evolving explanations” and a “selective memory” of events surrounding the 1983 murder of a toddler.

Janet Dickie told the B.C. Court of Appeal today that Phillip Tallio has exaggerated some aspects of his testimony while giving different details about his whereabouts around the crime scene in Bella Coola on April 23, 1983.

Court has heard Tallio went to check on his 22-month-old cousin Delavina Mack in the middle of the night and found her dead in a relative’s home.

Click to play video: 'Philip Tallio attempting to appeal 1983 murder verdict' Philip Tallio attempting to appeal 1983 murder verdict
Philip Tallio attempting to appeal 1983 murder verdict – Nov 23, 2020

Read more: B.C.’s top court hears closing arguments in 1983 murder of toddler

Story continues below advertisement

Dickie says part of Tallio’s testimony was extremely detailed including the colour and brand of the socks he was wearing that morning and that he never changed or removed any of his clothes before a police interview.

She says he was not wearing any socks when an officer spoke to him about five hours after the girl was found dead and that a pair of shorts seized from him had blood on them.

Read more: Miscarriage of justice before B.C. teen’s 1983 guilty plea in girl’s murder: lawyer

Dickie says Tallio’s pauses to her questions in court suggested he was trying to figure out favourable answers, but Justice S. David Frankel countered that someone slow to think of a response about what happened decades earlier is not necessarily hiding the truth.

Sponsored content