Vancouver Sun

Mental health experts parse reports

- DAN FUMANO AND MATT ROBINSON dfumano@postmedia.com mrobinson@postmedia.com

Phillip Tallio was an emotionall­y troubled teenager with a traumatic past before he was arrested, in April 1983, on the suspicion of having suffocated a 22-month-old girl in Bella Coola.

Tallio, then 17, was remanded in Vancouver provincial court for psychiatri­c assessment, and between the time he was charged and stood trial, the young man spent hours with mental health profession­als. Their findings, as set out in hundreds of pages of material filed, differ substantia­lly and became a key piece of Tallio’s 1983 guilty plea. Their reports have been filed with the court this year in connection with Tallio’s attempt to appeal his 34-year-old conviction.

Late last month, Judge Elizabeth Bennett of the B.C. Court of Appeal ruled Tallio’s appeal could go ahead, despite being more than 30 years past the filing deadline. In her reasons for the decision, Bennett said “the only evidence implicatin­g Mr. Tallio at the time of his guilty plea was a statement that he purportedl­y gave to a psychiatri­st, Dr. Robert Pos.”

Lawyers for the B.C. Ministry of Justice opposed Tallio’s attempt to proceed with an appeal. Bennett said in court: “The Crown submits it cannot respond to the challenge to Dr. Pos’ letter because Dr. Pos passed away before the appeal was filed. If a new trial was ordered, the Crown would have considerab­le difficulty mounting a case against Mr. Tallio.”

Pos, then the psychiatri­st-inchief at the Forensic Psychiatri­c Institute in Port Coquitlam, asserted that he interviewe­d Tallio for more than an hour the month after young Delavina Mack’s murder, in order to determine his fitness to stand trial, according to a report written by Pos that was filed with the court as part of Tallio’s appeal.

Transcript­s purporting to be from parts of that interview are included in a volume of affidavits and other court documents released last month after lawyers representi­ng Postmedia News and the Aboriginal Peoples Television Network argued before Bennett in support of their release. The affidavits have not yet been tested in court and the Court of Appeal has not ruled on whether it will permit any of the new material into evidence on the appeal.

The Pos report indicates the accused made incriminat­ing statements to the psychiatri­st, such as: “I don’t understand why (they made it) first degree. … I didn’t think she died. … when I put a pillow on her head … it came out of the blue, I didn’t plan on the pillow doing this to her.”

In another part of his report, Pos indicates he asked Tallio about the crime, to which the young man responds: “I have a hard time thinking about it at all” and “I don’t know why I did it.”

No one else was present when Pos interviewe­d Tallio, according to the psychiatri­st’s report, and the interview was not recorded, according to an affidavit by Deirdre Pothecary, who served as Crown counsel in the Tallio case.

In an affidavit filed with the court, Pothecary asserted: “In the 1980s, Dr. Pos was presented routinely by the Crown in B.C. as an expert witness. … At the time, I believe that Dr. Pos was regarded as having a ‘pro-Crown’ bias; however he was thought to be reputable.”

Before the 1983 trial, Phil Rankin, Tallio’s defence lawyer, hired Peggy Koopman, a registered psychologi­st and former professor at the University of B.C. to consult on the case.

She interviewe­d and tested Tallio for about six hours over three days in October 1983.

Among the topics they covered was the night the young victim died, according to an affidavit by Koopman.

“Although a high level of trust developed between us, he never acknowledg­ed guilt in the offence, quite the contrary,” she wrote in her affidavit.

Koopman believed statements made in the Pos report indicate Tallio’s understand­ing of legal definition­s were at odds with what she and other mental health profession­als had found.

“In my clinical experience with Phillip, he did not understand the court proceeding­s, the difference­s between first and second degree murder, his plea or the consequenc­es of that plea,” she wrote in her 2014 affidavit.

“In my discussion­s with Phillip Tallio, he thought that the sooner he went to prison the more likely it would be that he could go home for Christmas. He has now been in prison for more than 30 years.”

Also, Koopman found the “syntactica­l structures in the quotes attributed” to Tallio by Pos did not conform to her understand­ing of the teen’s linguistic pattern. And she said the leading questions that included highly emotional material that were put to Tallio would have left him with no strategy to answer Pos truthfully.

Tallio contends he never spoke to Pos at all, asserting in his affidavit that he remembers speaking with a female psychiatri­st at the Forensic Psychiatri­c Institute, adding: “I do not recall ever being assessed by a male psychiatri­st during this period. I have never been assessed by a ‘Dr. Robert Pos.’ ”

The Crown has said that position is not credible. Although there was no audio recording, Crown lawyers pointed out, there were written records of an interview.

Crown lawyers set out their opposition to Tallio’s request to appeal more than 30 years later in a memorandum they filed last month with the court, saying: “Dr. Pos may have had a reputation as having a Crown bias, which suggests that he was too quick to diagnose psychopath­y in an offender, or would never identify a disease of the mind. But what (Tallio) suggests is that Dr. Pos fabricated in the form of an exact quotation (Tallio’s) words . ... To suggest that Dr. Pos had a form of ‘noble cause corruption,’ such that he would fabricate evidence is an incredible allegation against a profession­al who had nothing to gain.”

Documents filed this year with the court registry suggest Tallio’s lawyers may try to raise the conduct of Pos as part of an appeal.

His lawyers have filed unsworn opinion evidence in the form of

reports, written over the past five years, by four forensic psychiatri­sts who reviewed Pos’ 1983 work.

Dr. Roy O’Shaughness­y, head of UBC’s division of forensic psychiatry, expressed the opinion he “would certainly not interpret (Tallio’s comments in the Pos report) or the report as being any measure of self-incriminat­ion or admission of guilt.”

Dr. John Bradford, a forensic psychiatri­st and member of the Order of Canada, wrote: “In my opinion, none of this alleged verbatim response constitute­s an ‘alleged confession.’ ”

Dr. Stanley Semrau, who also worked at the Forensic Psychiatri­c Institute, gave his opinion that “this report by Dr. Pos is one of most unusual and remarkable which I have ever encountere­d in my extensive career as a forensic psychiatri­st.”

Several days into his 1983 trial, as lawyers for both sides prepared to battle over whether the statements to Pos should be admitted, Tallio entered a guilty plea. Pos was never called as a witness.

Now, material filed with the court suggests Tallio’s appeal lawyers may try to raise questions over how the plea came about.

 ?? LES BAZSO/FILES ?? The Forensic Psychiatri­c Centre in Port Coquitlam is shown as it would have looked when Phillip Tallio was held there for psychiatri­c assessment in 1983. This building was replaced in 1997 and demolished.
LES BAZSO/FILES The Forensic Psychiatri­c Centre in Port Coquitlam is shown as it would have looked when Phillip Tallio was held there for psychiatri­c assessment in 1983. This building was replaced in 1997 and demolished.
 ??  ?? Phillip James Tallio
Phillip James Tallio

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