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Transcript

Evidence Used to Acquit

The Arrest

The Aftermath

Chance to be Freed

1. MacIntyre concluded Marshall was a prime suspect and the murderer without evidence.

2. MacIntyre ignored statements from James and Sandy MacNeil

3. MacIntyre failed to pursue the other two men described as being involved in the killing

4. An autopsy should have been done on Seale

5. Another suspect was questioned but no statement was taken.

6. Defense counsel did not: arrange for an independent investigation, interview witnesses or seek disclosure.

Despite there being next to no evidence to incriminate Marshall besides the testimonies from the teenagers and Ebsary, Marshall was arrested and brought in for questioning June 4, 1971 after being charged with murdering Seale.

After a lengthy and intimidating interrogation, Marshall "confessed" to the crime and convicted of murder.

10 days after Marshall's conviction, MacNeil came forward saying that he saw Ebsary stab Seale but the RCMP officer didn't follow up on it.

As well, in 1974 - three years later - Donna Ebsary (Roy's daughter) states that she saw her father cleaning blood off a knife the night of the murder.

The Appeal

When Detective John MacIntyre arrived on scene, he proceeded to mess everything up. The scene was not cordoned off nor was it protected, allowing for the evidence to be damaged or altered. MacIntyre, without any evidence, immediately concluded that Marshall was to blame for the stabbing. He claimed that Marshall and Seale got into an argument, prompting to former to stab the latter.

MacIntyre was also evidently racist, believing that because Marshall was Native his statements were worth less.

As well, MacIntyre heavily relied on statements made by two teens: Maynard Chant (14) and John Pratico (16).

Chant was known for being a troublemaker and often had brushes with the law.

Pratico was deemed mentally unstable by his psychiatrist and was even known for being delusional and making up scenarios.

The statements given by the two were false and heavily influenced by MacIntyre but were still used to incriminate Marshall.

In 1981, Marshall learns that Ebsary has confessed to stabbing Seale. He decides to push for a reopening of his case, which becomes reality in 1982.

This time Sergeant Harry Wheaton and Corporal James Carroll are in charge and they investigate the evidence properly.

Unfortunately the two detectives blame Marshall for his conviction stating that he acted improperly during the investigation and arrest. Ultimately though he was acquitted and released in 1990.

The Trial

Marshall went to trial November 2, 1971.

During it, the crown prosecutor did not interview the teen witnesses who gave contradictory statements nor did he inform the defense of the inconsistencies.

As well, the judge goofed by misinterpreting evidence and legislation. Nonetheless a verdict of guilty was reached.

Marshall was charged with murder and sentenced to life in prison.

Righting the Wrongs

In response to the failure of the law, Marshall was awarded $700,000 in damages.

As well, he was pledged $2,000,000 by he Atlantic Policy Congress of First Nations Chiefs Secretariat but was only paid $156,000.

The prosecution also proposed the courts adopt a public racial policy in order to prevent other false arrests based on race.

Conclusion

Who was he?

Donald Marshall Jr. was a 17 year old Mi'kmaq Indian in Sydney, Nova Scotia.

Works Cited:

“Wrongful Conviction and Criminal Justice Reform.” Jan. 2013. http://nsbs.org/archives/unpublished/81150.pdf

After Marshall's release he married Colleen D'Orsay. Marshall recently passed away at 55 after a lung transplant.

What happened?

Fleming, Daniela. “Donald Marshall Jr.” Wrongful Convictions, Weebly, Jan. 2015, http://wrongfulconvictionsfleming.weebly.com/donald-marshall-jr.html.

Hickman, Alexander. “The Royal Commission on the Donald Marshall Jr. Prosecution.” https://www.novascotia.ca/just/marshall_inquiry/_docs/royal%20commission%20on%20the%20donald%20marshall%20jr%20prosecution_findings.pdf.

Martin, Sandra. “The Life and Death of Donald Marshall Jr.” The Globe and Mail, 28 Feb. 2013, http://www.theglobeandmail.com/news/national/the-life-and-death-of-donald-marshall-jr/article4283981/?page=all.

Marshall and Sandy Seale (17) were in Wentworth Park when they met Roy Ebsary (59) and James MacNeil (25). Reportedly the two teens attempted to rob Ebsary, causing a fight that resulted in Seale being stabbed in the stomach.

Seale died a day later from his wounds.

Donald Marshall Jr.

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