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Lynne Harper /// Part 2 /// 143

December 02, 2022 / 55:42

This episode covers the case of Lynn Harper, who disappeared in 1959, and the wrongful conviction of Stephen Truscott, a 14-year-old boy accused of her murder. Key topics include the rapid investigation, trial, and subsequent evidence that suggests Truscott's innocence.

On June 9, 1959, Lynn Harper went missing from the RCAF station in Clinton, Ontario. Her body was found two days later, and Stephen Truscott was arrested shortly after, despite his claims of dropping her off safely. The investigation was criticized for its speed and lack of thoroughness.

The trial began on September 16, 1959, and Truscott was found guilty by September 30. The judge sentenced him to death, but this was later commuted to life imprisonment after public outcry and further examination of the evidence.

Years later, new evidence emerged suggesting that the time of death was miscalculated, and other suspects, including a convicted pedophile and a man with a history of sexual offenses, were identified but not investigated.

The episode highlights the flaws in the investigation and the impact of the case on the Canadian justice system, ultimately leading to the abolition of the death penalty in Canada.

TLDR

The wrongful conviction of Stephen Truscott for the 1959 murder of Lynn Harper reveals serious flaws in the investigation and trial process.

Episode

55:42
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foreign [Music] [Applause] [Applause] welcome to True Crime garage wherever you are whatever you are doing thanks
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[Music] Lynn Harper was a 12 year old girl who disappeared on June 9th 1959 from the
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rcaf station in Clinton Ontario now two days after her disappearance Lynn's body
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was recovered on a farm it was discovered that Lynn had been raped and strangled with her blouse
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now on June 12th we have 14 year old Stephen triscott he's taken into custody because he's last reported to have seen
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Lynn Harper he tells the police that he sees her getting into a car they don't believe him and then on June 13th he is
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charged with her murder now I kind of want to underline all of that just think about how fast things are happening here
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right so less than 48 hours after her body is found we have a 14 year old who was arrested and charged with
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first-degree murder so a very fast investigation maybe uh another statement or maybe no
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investigating at all is it would be the question there on September 16th of that
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same year Stephen Truscott his trial began and then on September 30th the jury returned a verdict of guilty let's
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go through Steven's account ounce of the vents one more time he picked up Lynn on
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his bike at the school they went at her request right she asked for a ride he said sure I'm going that way anyways
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they ride down the road they pass the bush that's what we call it then they pass the bridge then he drops her off at
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the stop sign at State Route 8 and then he heads back to the bridge turns around
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sees her getting into a vehicle uh maybe a Chevrolet right yeah a Chevy late model or 1959 Chevy possibly a Bel Air
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gray in color a lot of chrome right and something orange on the back we don't know if it was a license plate or not
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and then he heads back to the base and then he ends up babysitting that night within within an hour right he is out of
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that area so that's his story yeah and he's sticking with it even though he is now charged he is now in prison he's now
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waiting to the death penalty but he's going to be hung that's that that's all that's the worst death
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penalty I think or your head being chopped off I well let's not get into that debate I think that's a whole
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nother show in itself um but the thing here is Captain not only do we have a very small very short
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and fast investigation we have what I would say is a very fast trial as well he he's brought to trial on the 16th of
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September and he's gets a guilty verdict on the 30th of September this was supposed to be a controversial trial
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this was supposed to be a big deal because we have a 14 year old a minor who is charged with first degree murder
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and oh yeah that's a death penalty case this was supposed to be a big deal I'm surprised that the that the trial was so
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fast now when the jury did return with the verdict of guilty they did have a recommendation for Mercy
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um to the judge the judge how I ever sentenced true Scott to death to hang as you had said I don't I don't think we
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need to look into this in in judge what kind of Judge this is and whether he did
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the right thing or the wrong thing I think here we have a situation where we have a certain type of crime was
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committed and there is a certain penalty for that type of crime and so I think even though that there was a
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recommendation of Mercy um that just being he's a 14 year old boy and that's hard to sentence that
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person to death I think we have a judge just putting into place what is supposed
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to happen in these type of Trials it would eventually be overturned and this would be commuted to a life sentence
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instead of the verdict to hang well because he was actually supposed to die pretty quickly yeah it wasn't like you
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know here or and also this is again the 50s so it was like you know within months they
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were gonna you know uh take out his sentence but uh that was quickly overturned yeah we thought Texas
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executed people quickly this was supposed to be very a very fast execution uh thank God it was it was
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commuted to a life sentence um there there would be another trial okay um and a big part of this was there was
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an a uh author that wrote a good book called The Trial of Stephen Truscott and in this in this book the author
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basically takes his side and says that he's wrongfully convicted so this is going to lead to
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um people looking at his case again and we're going to learn some things that we
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weren't told in the first trial and I think you're going to be able to see how we have a jury that comes out and and
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comes back with a guilty verdict because there were certain things they didn't hear uh the the first and I think which
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is the most important is the time of death and we discussed that regarding the stomach contents of Lynn Harper it
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was discussed that she had her last meal around 5 45 PM she goes missing and the
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jury is told that her stomach should have emptied within two hours of that last meal well it couldn't empty within
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two hours because she was killed before that time had elapsed yeah put in the time period between 7 15 and 7 45 which
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makes Stephen Truscott look very guilty because he's admittedly with her during that approximate time so he he's most
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likely our guy if you go off of that now one thing that we end up learning here is that that same doctor had submitted
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several reports regarding this and regarding the time of death and those earlier reports that he was submitting
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had a much bigger window of time you know he's stating she died sometime between 7 7 45 7 15 7 45 that's a very
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precise amount of time the earlier Reports say that she died sometime between seven
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and about 7 A.M the following morning so a 12-hour window yeah well because what
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happened with the trials once they put such a you know exact time period you know 7 15 to 7 45
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the scientists Community comes out and says hey that that's not how this uh tests do you know and you can't have a
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you can't pinpoint it that accurate so he actually went back and did the test again still put in the time of death
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between 7 15 and 7 45 but also and and uh parentheses stating or possibly within 12 hours of that right so again
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this is now you're you have a big gap and and remember though we have eyewitness reports stating uh odd
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vehicle in the bush later that night yes way past eight o'clock yeah so the theory is that Stephen attacked her
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killed her and left her in the bush but then was able to return and be back with
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other people by 8 PM no visible signs of injury on him and we when we have these
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other reports when we start to look into this we have some some reports that would come out many years later
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regarding the insects and the things that take place on a body as it's decaying there is there is a scientist
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stating that she firmly believes she says she gives it a 95 percent 95 percent chance of accuracy that Lynn
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Harper was killed after Sundown and killed some time before Sun up uh based on what she sees with these insects and
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their activity on the body there is somebody else that states that she would have been killed before Sundown so I
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don't know that that gets us anywhere but we have several different reports pointing towards the possibility that
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she was killed at a later time Okay and like the captain said the big problem with that is well there was a
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vehicle spotted on the Lawson property and this is a a dark colored uh 52 uh Ford convertible
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they found tire tracks in that area as well this wasn't investigated this vehicle
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was not investigated and I'll tell you why it wasn't reported to the police until after they had already zeroed in
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on Steven triscott by this point they had already interrogated him for hours probably had already charged him by the
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time they hear about this vehicle we don't need that information because guess what we've already got our guy our
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guy has no access to a vehicle right so that that doesn't mean anything to our investigation well a big problem with
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this investigation it happened so quickly you know the charge happened so quickly then you have whatever evidence
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now we have one you know we have evidence coming in of we saw this vehicle well we're not going to
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investigate that because that has nothing to do with our guy or our Theory so that's one piece of evidence but I'm
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guessing normally in murder cases there's hundreds of leads so how many leads came in after the arrest and and
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pushed aside you know pushed aside because we already got our guy we're we're building a trial here now we're
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not working on an investigation anymore we got our guy and I think what we have here captain
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I think that we have an investigation where I think it quickly circled in on this 14 year old and if he is your Prime
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Suspect I think these investigators thought you know what it's only a matter of time before we get that confession we
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I believe they thought he was guilty and I think they thought it's only a matter
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of time because he's a kid he'll eventually confess and then boom we got our trial we're all done with this thing
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what other stuff was not not worked on as far as part of this investigation one thing that I found very strange was many
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years after the fact their teacher came out and now keep in mind this was a split level class this teacher taught
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both of them even the day of her disappearance it's very rare I think that you have a situation where somebody
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knows a victim and knows the person that's supposed to have committed the crime and this teacher says he was never
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interviewed the police asked him no questions at all that seems seems a little hurried and a little strange to
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me yeah but this is a typical case of an investigation having blinders on creating a theory and then trying to
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make that theory stick you know this is uh you know this is error 101 right this
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is the number one error that these investigators make the first thing to do is yeah if you do have a theory then
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let's prove that theory wrong right and I think if they would have done that they would have found that their theory
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was proven wrong pretty quickly yep you you speculate as to what you think happened then you have to go find the
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evidence to back up that speculation and lead you to the correct person to the correct suspect he here they circled in
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on the suspect first well and the time frame is really difficult because if this crime happened today it'd be pretty
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simple less run DNA test and we'll know the answer within days right and I kind of want to back up what we were talking
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about earlier regarding the stomach contents and the reason why I believe that the earlier reports of what the
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doctor was saying is probably more accurate than the later report where he really zeros in on that that short 45
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minutes saying this is your time of death is that you can see that the doctor was
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kind of tailoring his report his later report to what the investigators had learned during their short investigation
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because in the early reports he states that the stomach contents may have contained meat he doesn't say they did
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contain me or they didn't contain meat he says may have in the later report he says that the stomach contents
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contained turkey well where did he get this information this came from questioning her parents
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what did she eat for her last meal oh around 5 45 that night she finished dinner we had turkey for dinner and
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again boom all of a sudden turkey's in the report right yeah this is this is ridiculous and not to mention that every
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eyewitness that goes along with your theory there's one that contradicts it or several that contradict it so my big
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thing here is they have evidence that she put up a fight right right and there's no marks on Stephen so therefore
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he didn't do it to me that's all you need that's all you need that's you know all
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this other stuff doesn't matter to me like you know because you know unless you're going to tell me
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that your theory is that Stephen and somebody else attacked her then where's the marks on his body right
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it doesn't make any sense well ultimately Steven triscott he would end up getting out of prison he would end up
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serving a 10-year sentence and then he would be placed on parole uh there's a bit of a weird situation here where I
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guess the warden uh at the prison at some point became a parole officer and Stephen triscott went to live with the
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former Warden uh his current parole officer lived with him and his family um which I think shows you something
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about Steven's character yeah um you know we have somebody that watched over him in prison feeling like it's safe
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enough to bring him around his his family yeah and Stephen actually you know uh 14 I think to 18 was and one
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prison and then he actually was moved it was transferred a couple times that's correct there's a lot of concern that
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you know we have a I mean he he went into prison at 14. yeah like you know this could be bad for him yeah some
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people get in the system and they never can get out well so let's let's keep that in mind
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because they're not saying that he's innocent but he's he's not serving the sentence that he was supposed to serve
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if he was guilty of first degree murder right can we agree on that he serves 10 years and then he's paroled that that
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seems like a big jump from a death sentence or a life sentence so you had mentioned you know what other leads or
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possible suspects would have been uh ignored let's say and this is something that I found interesting because you
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know this was from the Ontario Court of Appeals many years later these were arguments that were made before the
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Ontario Court of Appeals um so the defense maintained that once the Ontario police officers locked in
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their sights on triscott back in June of 1959 that the investigation like you and
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I had said stopped and different indifference took over and seemingly obvious leads were ignored including
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previously undisclosed information pointing to other suspects now unfortunately in this report that we
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have here these suspects are not named in the court documents because they have not been charged with anything but these
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individuals include a convicted pedophile stationed at the rcaf base at Clinton at the time of Lynn Harper's
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death the opp learned about him in 1997 after being contacted by a retired London Ontario police detective who felt
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that this man was capable of murdering a child the man had pled guilty to sexual
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offenses and possession of child pornography in the late 1980s when the police searched his house in connection
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with those offenses they found an eight-volume transcript of truscott's hearing before The Supreme Court of
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Canada from 1966 to 1967. and interesting also mentioned in this is an Airman who had been stationed at Clinton
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Prior to 1959. he was stationed at Alzheimer at the time of the murder but had a home in Seaforth which is close to
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the base which he visited free close to see fifth yeah between C third and C5 you're correct he
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was identified later by the CBC uh This Is The Fifth Estate show uh identified him as sergeant Alexander smelly pants
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no sorry uh Sergeant Alexander kalichuk and I say I was close yes very close we'll get to kalichuk here in a minute
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because we have more information on him also mentioned in this report we have a former salesman who drove a 1957 Chevy
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and apparently called at the Clinton base frequently the man came to the police attention after he tried to break
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into a home of a retired OPP detective this is Barry rule who shot him with the pellet gun and then began his own
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investigation in a report to the opp rule concluded that the man could be a potential suspect in several murders
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including Lynn Harper's this case the cases that he mentions have common characteristics all the victims well a
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lot of them are listed as hitchhiking victims and their bodies or clothes were dumped in what what were considered
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lovers Lanes yeah well I wonder where the the clothes folded that's a good question we'll get we'll get back to
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that too because we have some information on the salesman as well also mentioned we have a convicted
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rapist who lived in Seaforth at the time of the murder and worked on the Clinton
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base as an electrician at least one day a week the man who was convicted in 1948
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he had spent three and a half years in prison and had been to the Harper home this is very strange
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okay so we have he's convicted he's convicted rapist who had been to the Harper home before the murder to
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prepare well he was there to repair a clothes dryer he was an electrician yeah well there there's a connection
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I I believe a lot of times these people know that you know know their attacker I
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I'm with you there and again if she's getting into a vehicle not pulled in a vehicle remember there was no report of
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a struggle but did she know that individual was it somebody she had seen before somebody she knew and trusted she
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like you said seemed to have willingly got into the vehicle yeah and if this sick piece of [ __ ] was in her house uh
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fixing the dryer you know he probably would remember her name Caesar walking past Drives By hey hey you need a ride
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somewhere in do you need a ride yeah want me to take you back to your house yeah pretty easy
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um also mentioned in here we have a minister uh who is an accused sexual offender we got we have to say accused
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um he lived in a village just north of the Clinton base uh he had been accused of sexual assault by his grown daughters
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uh years later well he's real sicko but one claims that when he was when she was
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six years old she hid in her father's car and remained there when he took it out for a drive at some point on this
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drive he stopped on a gravel road and opened up the trunk moments later she claims that she saw him carrying the
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limp body of a girl towards a grassy treed area where he spent about a half an hour before returning to the car
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alone right now but some of these leads and and stuff are coming out way after investigation yeah so I mean to be fair
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to the investigators you're exactly right and and you know what uh you know those are all very strange situations
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but I've just come across a maybe even a more strange one because I have in my notes here
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um read through the suspect descriptions and then ask the captain which ones jump
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off the page um they all maybe they could jump off the page and ride into prison well look
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I mean you have to you have to like the suspect that actually worked at the school and worked at the family's house
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that's a big worked at the base because those are obvious connections that that's you know that the attacker
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would have known the victim and but all these scenarios to me sound a lot better than Steven
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yeah they do but the problem that I keep coming back to with this whole case is that it's very strange to me let's
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say that Steven is completely innocent let's say that his story is correct that he dropped her off at the county line or
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at the County Road Highway eight and she was picked up by a vehicle it doesn't it seem weird to you captain
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that that whoever picked her up and then ultimately ended up doing this to her that she ends up back very close to
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where she's I mean extremely close to where she's picked up from within a mile within a half a mile maybe
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even a quarter of a mile from where she was picked up from right so are you saying that that's strange and that
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points to Stephen I'm saying that it's strange in the sense that it it would it would Point me away from her getting
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into a car I'll say that um it doesn't to me well the only reason was all the eyewitnesses all the
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eyewitnesses that saw them right or didn't see them or Stephen it comes back you can't Overlook the the big biggest
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piece of evidence to me is that they know that she put up a fight and I don't know exactly what that
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evidence is but I'm guessing blood on our hands uh you know think maybe broken fingernails from clawing at somebody I'm
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not really for sure but they know for a fact that her attacker would have marks on them and Stephen did not so again
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it's it's too small of a window um he was doing a nice thing for somebody you know you need a ride I'll take in
00:25:22
chances are that Lynn you know being the younger girl maybe she had a little bit
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of a crush on Stephen and that's why she asked Stephen for a ride and not to walk
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with somebody else and and this this older boy gives her a ride on the bike and drops her off and several people see
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it but again no marks on this boy right I'm not saying Stephen I'm by posing this question I'm not saying Stephen
00:25:48
what I'm saying though it seems very strange to me that she would have gotten to a car abducted by the driver of that
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car raped and killed and placed in a location that's almost the exact same location that she's picked up from well
00:26:02
I believe within a very short amount of time I I'm thinking I you know going off the top of my head here all
00:26:09
the cases we've covered all the cases we've read about that we see on the internet
00:26:14
how many can you think of where a child is abducted and then the body's found almost in the same
00:26:21
location as the abduction it just it's got to be close to zero right I mean I I can't
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think can you think of any no just not not off the top of my head but look you pick up an individual you know the
00:26:37
motivation here is sexual right and I believe this happened like I said somewhere else and then in the process
00:26:45
of looking for a place to dump the body you know this person might not have known the area super well and just drove
00:26:54
around to find a spot and oh well oh here we go I can pull off here you know and then they dump the body but
00:27:02
to me I'm like I'm saying I'm just saying it's a percentage thing I'm not saying it's impossible right but they
00:27:07
I'm not saying that it didn't happen but what I am saying is out of all the cases
00:27:11
that that we've reviewed in all the cases I've looked at over the years I it's hard for me to think of that same
00:27:18
situation taking place right but what I'm also what I'm saying though is that the person the murderer
00:27:25
right did not might not have known that they're dropping the body off so close to where they picked the person up at is
00:27:32
what I'm saying they would have they would have no clue that they're returning to damn near the same place to
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drop off something they picked up I'm saying there's a possibility they might not have known it okay I'll give you
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what I'm saying I'll give you that but you know off the top of my head there's the only a couple situations that I can
00:27:49
think of where where this was even a possibility and you know one would be the Delphi
00:27:54
case that we covered but there's a big question if those girls were even removed from that wooded area and then
00:28:00
returned yeah but look I I don't think that matters I I just think I find it strange oh and here maybe here's another
00:28:08
situation I think the Oakland County child killer I think one of those victims was returned to roughly the same
00:28:13
area but they were held for days um I I'm just pointing out here that it's it's strange to me to to believe
00:28:21
that she got into a vehicle drove away somewhere for hours and then was returned to the same location I I'm
00:28:28
not saying it's impossible I get what you're saying but I think we can agree that it does seem it's an oddity
00:28:36
um yeah I guess anyways there's a lot more to get to right after this quick beer break
00:28:43
[Music] [Music] all right Cheers Cheers mates cheers all right so we have a suspect here in Lynn
00:29:01
Harper's murder who stands out and this is that Alexander kalachic and the reason why he stands out and the reason
00:29:08
why we bring him up is he is somebody that a lot of people involved in this investigation are close to this
00:29:16
investigation back in 1959 believed that he should have been somebody on their radar he should have been somebody he
00:29:24
should have been a concern for them and a piece of this investigation and it doesn't appear that he was so let's go
00:29:30
over who kalichek is he was born in 1923 he was part of the Royal Canadian Air Force he was a sergeant who lived and
00:29:41
worked in the area at the time of the murder now Sergeant kalichek was known to be a heavy drinker
00:29:47
um and from the stories I told or have been told a heavy drinker might be an understatement he's heavier than than us
00:29:57
he's times four uh yeah well he's basically if you take what I drink and what you drink
00:30:04
and times that by four there that's what I meant yeah so he's a heavy drinker with previous convictions for sexual
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offenses some involving young girls now like we said he served in the air force during World War II
00:30:18
um but he returned to civilian life in 1945. in 1950 he re-enrolled at the in the rcaf and was originally posted at
00:30:30
the station in Trenton but soon afterwards he was transferred to the station in Clinton
00:30:35
now we know this from our case you know this is close to our case here he served as a supply technician until
00:30:42
1955 but in 1957 he was transferred to another station now this is located about an hour away from Clinton however
00:30:52
kalichek made frequent trips back to Clinton where Lynn's Harper where Lynn Harper's father was the senior Supply
00:30:59
officer well there's your you know connection there yeah good possible connection but we also have this
00:31:05
situation that takes place about three week three weeks before Lynn Harper's murder kalichek was arrested and charged
00:31:12
by the Ontario Police for attempting to lure three young girls into his car outside of Saint Thomas Ontario the
00:31:21
charge was dismissed shortly afterward but the judge gave kalichek a warning regarding his behavior basically the way
00:31:29
this thing went down is he sees three girls walking on the side of the street he pulls up to them opens up the car
00:31:36
door he's trying to lure one if not two or three of them into his car there's different reports on what he was
00:31:43
using to as a ruse one is saying you know possibly new clothes or new underwear yeah when they sent the new
00:31:51
underwear I thought yeah that seems like a strange thing to offer somebody to get
00:31:56
a car you want some new underwear yeah like anytime you hear that run for your life well I guess there's hey
00:32:05
come in the garage you want some new underwear nah I guess there's lack of sufficient evidence because like we said
00:32:12
the charges eventually dismissed but the judge gives him a Stern warning the warning uh goes something like this hey
00:32:20
I know what you're up to I know that you were what you were trying to trick those
00:32:24
little girls into your car we're going to be watching you kind of thing that's the kind of warning he got yeah well
00:32:30
they should have said Hey look with his underwear stuff right no more no more you don't even look at little
00:32:39
girls and if you do no new underwear for you for the rest of your life or we're gonna
00:32:46
hang you you sick son of a [ __ ] well here's a reason why kalichek should have been on their radar for for reasons
00:32:54
already stated but more importantly for this one uh in the early part of June in
00:32:59
1959 we have kalichuk's probation officer advises the Air Force officials of another incident of indecent exposure
00:33:09
involving kalichek and the town of Seaforth not far from the Clinton base now on July 2nd just three weeks after
00:33:17
the murder of Lynn Harper kalichek was hospitalized due to overwhelming anxiety tension depression and guilt according
00:33:27
to the rcaf documents but this is after the charges are dropped right right but he but he's he's experiencing this
00:33:36
overwhelming anxiety well tension depression and guilt three weeks after the murder of Lynn Harper right that's
00:33:44
my point is that a lot of people would assume well he was charged with this but they dropped the charge so he shouldn't
00:33:51
have anxiety over that yeah that's no longer on his mind right the other thing that I think to me is
00:33:58
like bingo bingo Boingo is that this idiot sold his car hmm and and again I think if you look at
00:34:09
um everybody that heard this story Lynn Harper's story they also heard about Stephen's story and Steven's accounts
00:34:17
and Stephen claiming that he saw a car and that he saw an orange thing on the car and I think that spooked him
00:34:26
and that's why he got rid of the car I also believe like I said that the crime took place at least the sexual crime
00:34:33
took place somewhere else and I believe that was probably the car do we have a rough description of that car that he
00:34:40
sold uh I actually could not find that okay but it but it is mentioned that he sold
00:34:46
his car after her death right okay that's that's very interesting in itself now kalichek drank himself to death in
00:34:55
1975. uh his final days were spent in a psychiatric hospital in Ontario yeah it just seems like this whole case you know
00:35:04
it was law enforcement investigators putting their blinders on going after Stephen not following leads you know I I
00:35:12
don't know if it was ever reported if uh kalichek was uh investigated at all well
00:35:19
you're right it's never been confirmed that the Ontario Police ever investigated him regarding the murder of
00:35:25
Lynn Harper now I want to bring up somebody I'm going to shift gears here a little bit
00:35:29
Captain we'll bring up somebody his name is Barry rule uh he's a retired OPP Sergeant uh he says that a traveling
00:35:37
salesman uh should be a suspect in a string of unsolved murders he also believes that he knows the identity of
00:35:44
the person who killed Lynn Harper in June of 1959 rule is the author of a book called a viable suspect rule said
00:35:53
he first met who he believes is Lynn Harper's murderer who he calls Larry Talbot although that's not the suspect's
00:36:01
real name uh Talbot's not you know he's not been convicted of any of these things a lot of fictitious names in True
00:36:08
Crime he's got he's got family members out there and we have an author who's accusing him of multiple murders so
00:36:15
choosing to use a different name um he says that he met Talbot during a robbery but it's a bit more complicated
00:36:24
than that it's it's reported as a robbery I've heard Barry roll story on this of how this robbery went down and
00:36:31
it sounds like a good recommended reading uh yeah I want to take you through this this story a little bit so
00:36:37
Barry rule uh his his now wife her name is Pat um at this time they were lovely name
00:36:44
they weren't living together um Pat had a cottage and Barry had a place elsewhere but anyway one night
00:36:52
they have dinner they have drinks and Barry decides to stay over that's the night that the break-in happens he's
00:36:59
sleeping he hears a loud disturbing noise he gets up out of bed only to find a masked man with a gun
00:37:08
inside this Cottage okay now so Barry exited the bedroom and and confronted this masked man in another room
00:37:17
well the first thing that the guy wearing the mask says to Barry where's the bride or bring out the bride
00:37:24
something something of that nature so he says you know let's leave her out of this you know go ahead you can I can
00:37:32
give you my wallet whatever let's leave her out of this he says no bring her out
00:37:37
here he's got a gun you got to do what he's saying so he calls for Pat Pat comes out of the bedroom
00:37:44
he tells the burglar tells Pat to lift up her nightgown expose herself [Music] um you know Barry pleads with this guy
00:37:54
let's again let's not get her involved in this he insists so she lifts up the night
00:38:01
count eventually what ends up taking place is that he that Barry and Pat are robbed he
00:38:08
takes some money from them and at some point Barry he's a he's a he's a police officer at some point he must have
00:38:17
realized that this burglar does not have a real gun he has a pellet gun so he starts calling the burglars the the
00:38:24
bluff here because because this guy's threatening them and he's asking them to do things that they don't want to do I
00:38:31
mean pellet guns hurt but I mean you can take one you can take a couple so at some point Barry recognizes this to be a
00:38:37
pellet gun and he starts to challenge the man that's broken into the home and he says you know what I don't think
00:38:43
you're going to shoot us I don't think you're going to shoot us at all I like this guy I like the cut of
00:38:48
his jib that's right nice jib the thing here is now the masked man he gets scared of Barry and he flees the house
00:38:56
well Barry is a police officer he he sets out on Chase and he's chasing after this dude
00:39:02
while he's chasing the dude the dude turns around and shoots Barry in the chest with the pellet gun
00:39:08
Barry fights through this he tackles this man and let me put it how can I put this
00:39:15
politely does he say to him now lift up your skirt for me boy now to put it politely he beats the crap out of the
00:39:23
guy yeah all right very good right I don't think this guy was out to rob the place and I tell you why and Barry
00:39:31
doesn't either because of things that they found on this guy after he's arrested okay he had four sets of
00:39:39
shoelaces in his pockets okay inside the guy's car they found they found his car parked nearby he had
00:39:47
left the keys on the Wheel and inside the car were his shoes and his underwear so this burglar had was wearing gloves
00:39:58
and a mask carrying a flashlight a gun he had a knife on him he had four sets of
00:40:05
shoelaces he had removed his shoes so he could be quiet and also probably not to
00:40:11
leave Footprints and he had removed his underwear as well possibly for some kind of fast
00:40:19
situation if you need to be fast with your pants I think they I like Barry think that
00:40:25
this man was there to to rape Pat to tie her up and who knows possibly kill her but because because this guy is somewhat
00:40:37
of a sophisticated criminal when caught in the act he's able to turn it into a burglary I was just there to rob you
00:40:43
guys anyway this is how this guy this Larry Tolbert guy becomes known to bury rule
00:40:50
yeah the problem I have with this and and feel free to give me the evidence to say that I'm wrong but
00:40:56
he's breaking into possibly rape uh older lady well they weren't old at the time they
00:41:06
were they were in their early 20s right but in the 50s that's a older lady okay right well it's older than our
00:41:15
victim that we're talking about Lynn Harper right that's what I'm saying so I'm just saying that it doesn't that
00:41:21
part doesn't fit for me well Barry rule believes this Larry Talbert is guilty of
00:41:27
multiple or well let's say this to put it more accurately he says he should be a a lead suspect in several unsolved
00:41:35
murders that took place over a span of years in this area now one of them one of these such cases was the murder of a
00:41:43
Oakville woman this is Pauline Dudley she was age 17 her body was found and located by a farmer working in his
00:41:53
Fields this was in Oakville in August of 1973 she was 17 years old um the thing here is
00:42:03
the car that toddler owned at the time was spotted not far from where Dudley's body was found and when police located
00:42:11
him they searched his car well they found Blood on the on the headrest and hair on
00:42:18
the floor along with other items in the trunk now here's what they found in the trunk
00:42:23
they found a wooden dildo cream a knife two flashlights brown sheets a short sleeve shirt and inside the pockets of
00:42:34
the short sleeve shirt were surgical gloves they bring him in because of these strange items that they find in his
00:42:41
vehicle that spotted near the body of this unsolved murder and when they bring him in he fails
00:42:49
several polygraph tests long story short Talbert was never charged for Pauline Dudley's murder
00:42:58
it was one of those situations captain that we've talked about plenty of times on this show where we have a group of
00:43:04
police and we have a group of detectives who say we know who did this we're we're
00:43:10
absolutely convinced we know who did this we got nothing on the guy we got no evidence
00:43:15
so yeah we have no evidence and we're not going to make it up thank you that's what they're basically saying
00:43:23
we know that they did it how does this we can't prove it and we did and we're refusing
00:43:29
to manufacture events yeah well how does this bring us back to the murder of young Lynn Harper well I think part of
00:43:38
that you brought up something interesting was that you know Lynn Harper was a young victim 12 years old I
00:43:44
think this Pauline Dudley thing shows that that this person is might be capable of committing murder
00:43:52
against a younger girl I know 17 is different than 12. I get it um but here's the big thing
00:44:00
Barry rule lists a number of reasons a number of connections but the one that stands out the most is including the
00:44:07
similarity between culbert his tolbert's car at the time and the one that Stephen
00:44:13
Truscott said he saw now Truscott said that he saw 1959 Chevy possibly Bel Air on the evening that
00:44:21
Lynn Harper went missing and we have Talbert who has a 1957 Chevy so we have a similar vehicle there's one
00:44:32
problem here though uh the vehicle that Tolbert owned at the time was a turquoise blue
00:44:38
now according to Barry rule we have a situation where she probably disappeared if she got into that car she disappeared
00:44:45
around 7 30 7 45 Sunset was at 906 that night um so Barry would tell us that there's a
00:44:55
chance that with that sun and at that angle and the distance that we have Steven trescott from the car that he had
00:45:03
may have thought he was seeing a gray car right one thing that they share the similarity of is they both have a lot of
00:45:10
Chrome on them he did say he saw a lot of chrome now we have this Larry Talbert why would he be in the area he's a
00:45:18
traveling salesman what does he sell um hopes and dreams no I don't I I don't know what he sells murder I don't know
00:45:28
what he sold but I do know this that we have very rule uh the retired OPP sergeant
00:45:35
well he likes he likes Talbert for several murders he believes he should be investigated and looked at in several
00:45:43
cases um all of these were ones that he was able to go back in time and he was able
00:45:48
to confirm that Talbert would have been in the area or near that area when a murder was committed well maybe he sold
00:45:56
shoelaces and underwear I don't I don't think he was a shoelace salesman or maybe wooden dildos but you know Barry
00:46:05
roll points out something interesting here you know what better job for a uh serial killer to have than a traveling
00:46:13
salesman you know you you could commit a murder on Tuesday in one town and you could be hours and hours away by
00:46:21
Wednesday or Thursday you know and if nobody saw you if nobody spotted you maybe they don't have things to connect
00:46:27
you to the crime I'm gonna go with this Captain it's a little bit of a stretch it's a leap I'm gonna say it's a leap
00:46:33
but you should have been investigated but a we could just make the argument that the case should have been
00:46:38
investigated period yeah and I mean Barry roll lists several other cases that he would like to see this Larry
00:46:46
Talbert uh uh investigated for I'm not going to go into all of them um because like I said it's a bit of a
00:46:54
leap and we're here to discuss the Lynn Harper case but it's certainly an interesting leap and one that I'm
00:47:00
willing to take I hopefully have to pick up his book at some point I did not get
00:47:04
a chance to read the book itself but I did see an interesting presentation that he did regarding his suspect all right
00:47:12
well let's get back to Lynn Harper's case and and so what are our final conclusions on this Lynn Harper case
00:47:19
because we had a you know a kid sentence then released now he's out it just seems like even after they let
00:47:28
him out they didn't really investigate this case no it's it's it's similar to The West Memphis Three case where you
00:47:35
have somebody that ends up not serving the appropriate sentence for the crime that they're convicted of
00:47:41
and later they're released and then you just say huh yeah we can't we're not really going to
00:47:47
go back and investigate this even though now it looks like we'd never found the guilty party yeah it's sad too because
00:47:53
you know in this case it's even harder though because the amount of time that's passed the the Primitive investigative
00:48:00
tools that we would have been using back in 1959 well they actually uh went to test Steven so they could get answers uh
00:48:09
DNA tests but when they went back through the DNA evidence that they collected at the time it was all damaged
00:48:16
yeah so they couldn't actually do the test and he was willing to take the test yeah I think that I think again shows
00:48:22
another sign of his character that's definitely a check mark on the Stephen Truscott side uh that he did not commit
00:48:29
this murder um what are what are my thoughts and opinions it's tough for me Captain
00:48:35
because like I said it's it's that one hour of time that there seems to be so many questions in differing
00:48:42
um opinions as to what happened by eyewitnesses during that one hour of time it's very tough it's very confusing I do
00:48:51
like that we have um and Stephen trescott's favor I like that he spotted a vehicle
00:48:58
um and then later we have Barry rule coming out saying hey I have a suspect that has a similar vehicle right I like
00:49:04
that in his favor what I don't like is that you give me a license plate number and that's not a legit number it doesn't
00:49:11
work yeah I think that whole part of the story is fictitious I don't think he saw
00:49:16
a license plate I think he might have I'm hoping that he's innocent because I I like to and I know it does happen
00:49:23
but I don't want to believe that this kid was killed by another kid um I think maybe he was scared into
00:49:30
giving that license plate number the problem that I have too with the license plate is me personally if I see a
00:49:37
situation go down to the point where I'm going to make a mental note not only of
00:49:42
the description of the vehicle but a mental note of the license plate number then guess what it's not going to take
00:49:48
me till police come to me to ask me what happened to Lynn Harper I'm going to be
00:49:54
going to other people and saying look this could be nothing but I was with Lynn Harper she's only 12 and I saw her
00:50:00
get into this car and here's the license plate number I think something weird happened
00:50:05
we're right I mean to to take a special note I drive past a thousand cars every day I never I never make note of the
00:50:12
license plate number uh right but again this case is all about the small little things that don't
00:50:18
really matter until a tragic event actually happens and to me this is very much like a butterfly effect case you
00:50:27
know if if Stephen wasn't so nice to give her a ride then maybe she wouldn't have been on State Route 8 at
00:50:35
the time that there was a uh somebody traveling in that area to pick her up right that could have done this crime
00:50:44
um if somebody saw him if the DNA evidence um didn't get destroyed there's all these little tiny things that if they
00:50:55
happen we would have had an answer the and then the big butterfly effect in this case that we haven't really talked
00:51:01
about much but you you have a country that sentence a boy that's 14 years old for a crime that I believe you didn't
00:51:08
commit you sent him to be hung within months of being tried when you didn't even spend months on the
00:51:17
investigation and this was such a black eye on the Canadian justice system that they got read of the death penalty
00:51:26
altogether right and uh Stephen was one of the main reasons for that it was a good wake-up call for them yeah so this
00:51:33
case to me is all these little you know Butterfly Effects if Stephen didn't or what if uh
00:51:40
you know heck what if Stephen and Lynn actually went into the bush to make out for a little bit maybe this doesn't
00:51:48
happen there's all these little tiny things that maybe could have stopped this tragic event but it's a really
00:51:53
fascinating story this was one like you know as we're researching it like the the first day of researching I I really
00:52:01
got into it and trying to break down all the different points of the eyewitness uh testifying and all that stuff and
00:52:07
what's really interesting too is you know Stephen went by a different name for so many years now him and his wife
00:52:13
actually have become experts on this case and they can break down all the testimony all the eyewitness accounts
00:52:20
that contradict what the investigators have and again rule number one don't create your own
00:52:28
Theory and if you do create your own Theory spend as much as you much time trying to prove it or trying to disprove
00:52:36
it as you do trying to prove it yeah and I think for me you know we talk about all these tiny little moments
00:52:43
for me too one thing that I come back to that makes me believe Stephen is innocent and underlines that for me is
00:52:52
what what exactly were Lynn Harper's intentions that evening that we don't know we've heard stories that she wanted
00:53:01
to go see the ponies or that she wanted a ride up to Highway 8. for some reason she if she wants to see
00:53:07
the pony she doesn't accept the ride all the way there what was that argument about that night
00:53:14
was she planning to walk away or run away from home and got picked up by the wrong person and that's why she wanted
00:53:22
Stephen to drop her off rather than take her all the way to The Farmhouse you know if if we knew her actual intentions
00:53:29
I think that would give us a better Direction better sense of direction as to Stephen's intentions
00:53:37
and I maybe and I'm I'm with you Captain I think there we got a couple people that see him on the bridge we got a
00:53:45
couple people that see them cross the bridge that lines up with Steven's story that
00:53:49
makes that that makes that very precise small little time window even smaller all right so do we have a recommended
00:53:58
reading for this week yes this week we are recommending a question of evidence the case book of great forensic
00:54:04
controversies by Colin Evans um scientific sleuthing and slip UPS in investigations of 15 famous cases
00:54:13
ranging from the suspicious death of Napoleon to the murder cases of Dr Sam The Fugitive Shepherd and O.J Simpson a
00:54:22
question of evidence takes readers inside some of the most vexing forensic controversies of all time in each case
00:54:29
Colin Evans lays out the conflicting medical and scientific evidence much like we saw in the Lynn Harper case in
00:54:37
Stephen trescott case today all right thank you to you Captain thank you to everybody out there and remember we you
00:54:44
don't have much time we have a pre-order of the douche canoe shirt so you want to
00:54:48
go to truecrime garage.com click on the store Page and and get your douche canoe
00:54:54
sure I don't want somebody saying six months from now oh oh I wish I would have got one like too late I'm not you
00:54:59
know too late yep all right that's enough for this week thank you to everybody out there we will see you back
00:55:05
in the garage next week until then be good be kind and please pretty pretty please don't Litter I will kill you
00:55:13
[Music] [Applause] thank you [Music]

Badges

This episode stands out for the following:

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    Most heartbreaking
  • 70
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  • 60
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  • 60
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Episode Highlights

  • The Disappearance of Lynn Harper
    Lynn Harper, a 12-year-old girl, vanished on June 9, 1959, leading to a swift investigation.
    “Less than 48 hours after her body is found, a 14-year-old is arrested.”
    @ 03m 27s
    December 02, 2022
  • Stephen Truscott's Fast Trial
    Stephen Truscott, the last person seen with Lynn, is charged and tried within weeks.
    “A very fast investigation and trial raises questions about justice.”
    @ 03m 36s
    December 02, 2022
  • Controversial Verdict
    Despite a recommendation for mercy, Truscott is sentenced to death, sparking outrage.
    “This was supposed to be a big deal.”
    @ 05m 36s
    December 02, 2022
  • The Unusual Lure
    A suspect attempted to lure young girls with an offer of new underwear, raising alarms.
    “You want some new underwear?”
    @ 31m 54s
    December 02, 2022
  • The Mysterious Case of Lynn Harper
    Lynn Harper's murder remains unsolved, with various suspects and theories emerging over the years.
    “It just seems like this whole case...”
    @ 35m 04s
    December 02, 2022
  • Barry Rule's Encounter
    Retired Sergeant Barry Rule recounts a terrifying encounter with a masked burglar, revealing deeper connections to unsolved murders.
    “I don't think you're going to shoot us at all.”
    @ 38m 43s
    December 02, 2022
  • Traveling Salesman Theory
    The idea that a traveling salesman could evade capture after committing crimes raises unsettling questions.
    “What better job for a serial killer than a traveling salesman?”
    @ 46m 11s
    December 02, 2022
  • The Role of Eyewitness Accounts
    Eyewitness testimonies can be unreliable, complicating the investigation of Lynn Harper's disappearance.
    “It's all about the small little things that don't really matter until a tragic event happens.”
    @ 50m 18s
    December 02, 2022
  • The Case of Lynn Harper
    A tragic case that highlights flaws in the justice system and the importance of investigation.
    “This was such a black eye on the Canadian justice system.”
    @ 51m 19s
    December 02, 2022

Episode Quotes

  • This was supposed to be a big deal.
    Lynne Harper /// Part 2 /// 143
  • This is error 101 right, this is the number one error that these investigators make.
    Lynne Harper /// Part 2 /// 143
  • You want some new underwear?
    Lynne Harper /// Part 2 /// 143
  • It just seems like this whole case...
    Lynne Harper /// Part 2 /// 143
  • This guy was there to rape Pat.
    Lynne Harper /// Part 2 /// 143
  • This was such a black eye on the Canadian justice system.
    Lynne Harper /// Part 2 /// 143

Key Moments

  • Welcome00:47
  • Cheers Mates01:39
  • Trial Begins03:50
  • Controversial Trial05:36
  • Murder Suspect29:01
  • Investigation Focus35:06
  • Butterfly Effect50:24
  • Justice System Flaws51:19

Words per Minute Over Time

Vibes Breakdown