Killer seeks exhibit release for DNA testing

1994: Wife, infant sons slain

A Cranbrook man who was convicted of murdering his wife and two infant sons claims there was a miscarriage of justice in his case and is going to court in a bid to get the Crown to release a number of exhibits for DNA testing.

In December 1995, a B.C. Supreme Court jury found Dean Christopher Roberts guilty of three counts of first-degree murder. He was sentenced to life with no parole eligibility for 25 years.

The convictions came after Roberts confessed to the July 1994 slayings of his wife, Susan Roberts, 24, and his baby sons Josiah and David, following a Mr. Big undercover police operation.

The B.C. Court of Appeal dismissed an appeal he made in April 1997.

Roberts, who was 26 at the time of his conviction, did not seek leave to appeal his case to the Supreme Court of Canada within the time limit, but “has consistently maintained his innocence,” according to a petition filed in B.C. Supreme Court.

He claims there has been a miscarriage of justice and says he needs to do the DNA testing as part of an application for a ministerial review of his case.

“Modern DNA testing of the exhibits and evidence sought in this petition may reveal exonerating evidence, or at least assist in further investigating the petitioner’s innocence claim,” says the petition.

“The applicant has requested that the Crown release some of the exhibits and evidence sought in this petition for DNA testing. The Crown has denied these requests.”

Roberts says that following the initial police investigation, fingernail clippings were taken from his wife’s hands and a purple bag that police believed was used to transport Josiah. He says only the fingernail clippings yielded human DNA of sufficient quality and quantity for DNA testing but that the DNA testing did not match him.

Roberts claims a number of items were not tested for DNA, including plastic bags found within the purple bag, a cigarette butt found near Josiah’s body and the ropes used to strangle Susan and Josiah, and he wants the Crown to turn over those exhibits to him.

“The evidence implicating the petitioner was primarily based on his confession during the Mr. Big operation,” says the petition.

“There was no physical or forensic evidence implicating the petitioner in the offences.”

Roberts is seeking the review under a section of the Criminal Code that he says does not establish a process for the disclosure of materials in the possession of police or the Crown.

The jury heard that he had strangled his wife and one of his sons and smothered the second son. In attempt to cover his tracks, he set the family home on fire.

Roberts confessed to Mr. Big, an RCMP officer posing as a crime boss, that he killed his wife after previous attempts to kill her had failed.

He’d insured her life for $200,000.

A spokesman for B.C.’s criminal justice branch said the branch was aware of the petition and will be addressing the issues raised in the petition before the court.

“The branch will not be publicly commenting on the circumstances of the case, the issues or the allegations in the petition out of a respect for the judicial process,” Dan McLaughlin, a Crown spokesman, said in an email.