Man faces grim deadline for appeal
Sunday, March 09
- Organization: United Press International
ST. JOHN, New Brunswick, March 9 (UPI) -- A Canadian man challenging his murder conviction has terminal cancer, and the government could end up with a smaller payout if his conviction is overturned.
That's because a New Brunswick law limits damages in cases in which a wrongly convicted person is no longer alive to actual financial loss, with no payment for "loss of expectation of life, pain and suffering," The St. John Telegraph-Journal reported.
Erin Michael Walsh, 59, spent 25 years in prison after he was convicted in 1975 of shooting Eugene "Chi Chi" Peters, a killing he has always denied. His lawyer says he has evidence that was not presented during Walsh's short trial.
A New Brunswick appeals court scheduled an expedited hearing for March 14. Another hearing is set for April 23 in a civil suit against the prosecutor and police officers who investigated the case.
Walsh's lawyers have asked the appellate court to declare him innocent. The government is seeking a ruling that would overturn his conviction, leaving him, living or dead, in a legal limbo.
In a number of recent cases, wrongly convicted men who spent less time in prison than Walsh have received millions of dollars, the newspaper said.
