Watchdog clears cops in murder investigation

Finds little evidence of ‘aggressive, abusive’ interview tactics cited by Superior Court judge during trial

The province’s police watchdog has found insufficient evidence of misconduct by the Peel Regional Police detectives who employed what an Ontario Superior Court judge called “aggressive and abusive” tactics and “leading” questioning to obtain evidence in a murder case.

The Office of the Independent Police Review Director (OIPRD) will not charge any of the Peel detectives involved in the case of Eric Morgan, the Brampton man acquitted of second-degree murder in the death of Mervyn Spence after two murder trials and more than three years in jail while his case was before the court.

Superior Court Justice Fletcher Dawson, who presided over Morgan’s retrial in November 2013, highlighted what he viewed as problematic police actions used during interviews with key witnesses, including “improper threats and overly aggressive and abusive tactics.”

In one case, Dawson said one witness was “psychologically broken down” after an eight-hour “relentless onslaught” by Peel police. Under repeated threat of being charged with a crime if he did not change his account, the witness recanted testimony that supported Morgan’s innocence, a story change Dawson called “the direct result of threatening and oppressive police conduct.”

“I don’t know what other evidence they needed,” said Eric Morgan, who was acquitted after two trials and three years in jail.

In another interview, a detective used “leading and suggestive” tactics that demonstrated he “had an agenda,” Dawson said.

But an investigation by the OIPRD — which included interviews with the officers, their superiors and some witnesses, as well as reviews of videos depicting the witness interviews in question — found the “tactics used to pressure the various witnesses were consistent with their training,” according to the investigative report.

“Each (officer) had extensive training and experience in interviewing,” reads the report.

The OIPRD report emphasizes the challenges Peel police faced while they investigated Spence’s shooting death, including a total lack of forensic evidence and difficulties convincing witnesses to talk.

“No witnesses came forward of their own volition and none freely offered information. There were no CrimeStoppers tips relating to this incident. In the community where this murder occurred it is not proper to assist or speak to the police,” reads the report.

As a result, officers attempted to “walk the line” to learn the truth or convince a reluctant witness to talk, and their tactics were aligned with Peel’s training and practices, the report concludes.

Peel Supt. Dale Mumby, a senior officer who was the case manager of the investigation, told OIPRD investigators he reviewed Dawson’s entire decision and had no concerns with his officers’ conduct.

“There were 120 interviews conducted in this investigation and he felt that the judge only had a problem with two of them,” reads the report.

The forceful questioning employed by Peel officers is sometimes referred to as the Reid technique of police interrogation, a controversial interview tactic typically used on suspects to assess guilt or produce confessions, not on witnesses providing information.

The OIPRD investigation found only one of the officers connected to the case had any training in the Reid technique, and that officer’s involvement was limited to one interview that Dawson said was conducted in a fair manner. None of the officers said they were employing the Reid technique during the interviews.

Contacted by the Star, OIPRD spokeswoman Rosemary Parker said she could not comment on the case due to privacy provisions in the Police Services Act.

Neither of the Peel detectives involved in the investigation and named in this story could be reached for comment before press time. Reached this week, Mumby referred the Star to Peel’s media officer.

“The allegations were thoroughly reviewed during an investigation conducted by independent civilian oversight which ultimately found no wrongdoing on the part of the officers,” said Acting Staff Sgt. Bill Ford, a Peel Regional Police spokesman, in an email.

The OIPRD report stated that Peel did not perform its own investigation into Dawson’s comments about the Peel officers’ conduct. The Star asked Peel to confirm that no internal review was done, but Ford said the force could not provide any more information about the case, citing an ongoing civil suit filed by Morgan.

Morgan filed a $25-million lawsuit against the Peel Police Services Board, the former police chief and five police officers, including Peel Det. Thomas Doherty, who led the investigation. No statement of defence in the case has yet been filed, according to Morgan’s lawyers. Spence was gunned down on Nov. 4, 2006, outside Malibu Marie’s nightclub in Brampton, after attending a party thrown by Morgan to celebrate his own 39th birthday. More than three years later, Morgan was arrested and charged with the second-degree murder of Spence, who was a casual acquaintance.

The charge was based on two witness interviews; no physical evidence linked him to the crime and no motive was ever provided by the Crown.

Morgan’s first trial, before Justice Nancy Mossip, resulted in a hung jury after one of the witnesses recanted her identification of Morgan as the murderer. That witness had named Morgan as the shooter during one of the interviews Dawson later found to be problematic.

But the OIPRD investigators gave significant weight to the fact that Mossip didn’t raise any concerns about the police tactics in the case.

“One judge ruled that the methods were proper and a second judge disagreed,” the OIPRD report states.

David Shulman, one of Morgan’s lawyers, said the two differing views do not cancel each other out, because Mossip did not view all of the video of Peel’s interviews.

Dawson, the second judge, did view the videos of Peel’s witness interviews in question, and twice noted that the interviews needed to be watched to fully appreciate the police tactics used and the pressure witnesses were under. “The transcript alone is inadequate,” Dawson said.

Morgan, now living in Brampton, is deeply disappointed by the OIPRD decision.

“I don’t know what other evidence they needed. It’s so clear,” he said.

Shulman said he is grateful for the time and resources the OIPRD dedicated to the case, but regrets that there will be no hearing. Morgan’s sole recourse is to challenge the OIPRD decision through a judicial review, which he currently has no plans to do.

“We believe that the officers would have been found guilty of misconduct, but now we will never know. Regrettably, Mr. Morgan is already accustomed to disappointment of this kind,” Shulman said in an email.

“I fought for my freedom, and after I got out I wanted to keep fighting. So regardless of the (OIPRD) director’s decision, I am continuing with my civil suit,” Morgan said. “I’m not going to let this tear me apart.”

“I fought for my freedom, and after I got out I wanted to keep fighting. So regardless of the (OIPRD) director’s decision, I am continuing with my civil suit.” ERIC MORGAN