Support John Moore's campaign for justice
Dear supporter of social justice:
Re: John Moore’s Campaign for a Pardon
John Moore is an Ojibway man from Serpent River First Nation who spent
10 years (from 1978 to 1988) in Millhaven Penitentiary for a murder he
did not commit. Social justice activists in Sudbury know John Moore
very well as a committed and long-time community activist.
John Moore was convicted of 2nd degree murder in 1978 under a law
which
was later repealed in 1987. The same evidence for which he spent time
in
jail would no longer stand up in a court of law. Institutionalized
racism was a key factor leading to his false conviction. Moore was
convicted by an all-white jury. There is now widespread and
well-documented knowledge that institutionalized racism against First
Nations people has led to widespread discrimination against them
within
the criminal justice system.
For more information see the attachment below or go to
http://homepages.cambrianc.on.ca/gbcooper/johnmoore/ [1]
His wrongful conviction continues to follow him today as he reports to
a parole office on a monthly basis and must be granted permission to
leave the city of Sudbury. This is impeding his freedom of movement
and
capacity to find meaningful work.
Mr. Moore has repeatedly asked for a review of his case, but these
requests have been ignored. Recently as John was gearing up to send
another package of information (43 pages) to all 303 MPs and 106 MPPS
to
inform them of his campaign for a pardon (which will cost an estimated
$1000) he received word from the Clemency and Pardons Division of the
National Parole Board that they may be willing "to proceed with a
preliminary examination" of his case to "determine whether an
investigation is warranted" (Feb. 21, 2008). In order to do this they
require the full transcripts of his trials of Jan. 31, 1979 and Sept.
30, 1982 as well as other related documentation "within the next two
months" (Feb. 21, 2008). This means that by the end of April John has
to get
them this documentation which he estimates will cost another $600.
John
is currently attempting to raise $1,600 for the educational packages
and
legal documents.
Funds can be sent to John Caleb Moore, at 3 Eyre Steet, Sudbury,
Ontario, P3C 4A2. Please feel free to get back to me with any
questions.
John can also be reached by phone through the John Howard Society at
(705) 673-9576, or through his e-mail at johnmoore23@netscape.net [2]
Thanks.
In solidarity,
Gary Kinsman for
Sudbury Against War and Occupation (SAWO)
---
Denying justice is surely a crime in itself
Doug Millroy
I live in the hope that I will never have to write another line about
John Moore, the man convicted of second-degree murder by two Sault
juries because the prosecution managed to convince them that he "ought
to have known" a murder was going to be committed.
But I won't hold my breath.
Because it has become painfully obvious over the years that most of
the
politicians and bureaucrats that infest Ottawa don't have the time,
the
will or the sense of fairness required to deal with one man and a
charge
the courts of today wouldn't even hear.
Moore, as regular readers of this newspaper will undoubtedly recall,
was convicted of second-degree murder in a Sault Ste. Marie court in
1978, even though evidence showed he was not present when Gordon
Stevens
and Terry Hogan killed 18-year-old cab driver Donald Lanthier in a
robbery that netted them $15.
Moore was not convicted of conspiracy, just that he knew or "ought to
have known" a robbery was going to take place as he had associated
with
the two killers earlier in the day.
Moore won a retrial but was convicted again in 1982.
He could not be convicted if tried now as the law under which he was
convicted no longer exists.
In 1987 the Supreme Court of Canada overturned a murder conviction
against Yvan Vaillancourt, a New Brunswicker who had participated in a
robbery of a pool hall in which his accomplice shot and killed a man,
on
the basis that he was not responsible or liable for the death since he
could not have "objectively foreseen it," effectively striking down
the
section of the Criminal Code that said any party to one crime in which
another is committed "ought to have known" the probable consequences.
It was a ruling that Moore thought might help him clear his name. It
never did.
He has devoted his life to this cause since his release from prison in
1987, but despite submitting mountains of correspondence and pulling
in
lots of support from both within and without the political spheres, he
has not made any headway with those at the upper end of the justice
system. They have simply stood by the original decisions of the juries
on a charge that has been declared unconstitutional by the highest
court
in the land.
So although Moore is continuing his fight, he is now focusing on
another avenue. He is again seeking a free pardon under the provisions
of the Royal Prerogative of Mercy.
Links:
[1] http://homepages.cambrianc.on.ca/gbcooper/johnmoore/
[2] mailto:johnmoore23@netscape.net