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LOVE ON THE
RUN
By Shawn Blore
She felt differently
at the end of the testimony about Murrin's beating. On December 29, 1994,
with an undercover operation that had gone nowhere, Tidsbury visited
Murrin's buddy Bob Holmes and convinced him that Murrin was the killer.
Holmes, an ex-con, was infuriated. "I would just as soon kill the bastard
who did it myself," Holmes told Tidsbury in a taped conversation.
"Couldn't agree with you more," Tidsbury replied.
With Tidsbury's
encouragement, Holmes decided to ask Murrin some questions. On January 5,
he and a pair of hefty friends showed up at Murrin's place with a tire
iron. Murrin tried to scare them off with a .22-calibre rifle, but Holmes,
who had been negotiating to buy the gun from Murrin, knew it wasn't
loaded. Murrin was knocked on the back of the head, thrown down his
stairs, tossed in the back of a waiting pickup and driven to Mission Creek
Park. The bridge over the creek was gated and locked, so they hoisted
Murrin over the fence and let him drop six feet onto the concrete on the
far side.
Screaming prompted
someone to call the police. A pair of uniformed officers arrived at the
scene, but according to radio logs, Tidsbury's deputy, Constable Gerry
Webb, sent them away. "You weren't here," one cop testified Webb
instructed him. "Don't take any notes." (In court Webb denied this.) The
logs then indicate Tidsbury himself called the dispatcher and had all the
uniformed patrolmen removed from the scene. Tidsbury's detectives drove to
a near-by mall, parked, and waited. Forty-five minutes later, Tidsbury
finally moved in to find Murrin, bleeding, half-buried in the snow,
cranial fluid leaking from his ears. Police told the ambulance it was a
routine call and not to bother with the lights and siren.
Tidsbury, in many long
appearances on the stand, unequivocally denied all allegations of
impropriety. (Now living in Calgary and retired from the rcmp, he was
invited directly, and through rcmp channels, to comment on his role in the
investigation, but he never returned calls.)
Beth Killaly, another
detective on the Tran case, testified that the afternoon before the
beating Tidsbury himself told her about the plan for Holmes to extract a
confession from Murrin. She testified that Tidsbury told her, "We might
find Murrin tied to a tree at [Tran's] gravesite." So stark was Killaly's
contradiction of Tidsbury's testimony that defence counsel Peter Wilson
said that one of them had to be lying. Killaly, he added, had no reason to
lie.
(The day Murrin was
released from hospital after the beating, Tidsbury arrested him for
pointing the unloaded .22 at Holmes. He served two years plus a day. He
was charged with the Tran murder shortly after he got out.)
The last significant
piece of Crown evidence was a fragment of mitochondrial dna (mtdna), drawn
from some pubic hairs found on Tran's clothes. According to the Crown's
experts, this mtdna match- ed Murrin's. But there were problems there too.
The experts admitted that although it is more re-silient, mtdna is not as
definitive as the more established nuclear dna. All individuals along a
maternal line share the same mtdna, and it's also possible for totally
unrelated people to have identical mtdna strands. The likelihood of this
occurring was given at one in 128, or 781 people in a city of 100,000.
When it came time to
consider their verdict, the six men and six women deliberated for a full
seven days. On January 25, 2000, the jury came back into the room and a
number of them, Kathy Macdonald included, were smiling at Murrin. The
verdict was not guilty.
The evening he was
freed from jail, Shannon Murrin had a bit of a celebration at an airport
hotel. Kathy Macdonald wanted to go. She let on her desire to her fellow
juror Chantal Laverdure. "'I don't want you involved with that man,'"
Laverdure says she told Macdonald. " 'Promise me you won't get involved.'
" Macdonald didn't make the promise, but neither did she make it to the
party. Murrin and she had, to that point, exchanged not even a word. So
she watched the footage on the late news that night of Murrin catching a
fiight back to Newfoundland.
Still, she couldn't
stop thinking about the trial. Ten days after it ended, she got Murrin's
number from directory assistance and gave him a call. She wasn't the only
one. Two other jurors, according to Murrin, also called him in the
aftermath of the not-guilty verdict. Macdonald asked him what he was up
to. Not much, he said, thinking of writing a book. Those were exactly the
sort of words to pique Macdonald's interest. She had once tried her hand
at mystery writing, creating a plot for an elaborate stock-market
thriller. Somehow it never got done. This material was even better.
"I wouldn't mind
writing the story," Murrin recalls her saying. "And I said, 'Well, if
you're really interested, come down and talk to me about it.' " Macdonald
flew out a few days later.
When the relationship
became public, and Macdonald returned home to prepare for her move east,
the Vancouver Police Department announced that she was being placed under
investigation for possible obstruction of justice.
Being under
investigation, says Macdonald, "really freaked me out." She contacted
Murrin's lawyer, Peter Wilson, for advice. She also called up Gillian
Guess, who suggested the two meet to talk. In Guess's experience, phones
and bedrooms and other private places were liable to harbour microphones,
so the two eventually met in a park and walked their dogs together. The
next day, to Macdonald's surprise, shots of the two with their respective
pooches were splashed across the front pages. Very quickly, however,
Macdonald got used to the media attention. She went on a radio phone-in
show with Guess. By the time Canada am had them set up for an
early-morning interview, Macdonald and Murrin, back in Vancouver for a
visit, were comfortable enough to share a joint beforehand.
They stuck to beer - a
Kokanee for Murrin, a Corona for Macdonald - at our first meeting in a
Vancouver restaurant. In short order, Macdonald began discussing mtdna and
how certain populations that are genetically similar - like
Newfoundlanders - could have a greater than usual percentage of people
with identical mtdna sequences. Murrin, listening in, got increasingly
agitated by all this technical talk.
"It was all shit. Ah,
now I'm pissed off." With that he stood up, slammed his Kokanee on the
table, and stalked off. Macdonald stared at his retreating back, then
shrugged. "I think the beating has given him a really short fuse." I took
the opportunity to question Macdonald more closely on her personal life,
wondering aloud if the relationship is largely about sex. For the first
time since I'd met her, she laughed. "After menopause it's just not quite
the same," she said. "My girlfriends and I keep waiting for when we'll
want to have sex again."
Murrin, it seems,
appeals to a different set of desires. Part of it is literary. Murrin and
Macdonald are indeed trying to write a book. Part of it is adventure. "I'm
fifty years old," she said, draining her Corona. "If there was ever a time
to do what I want in life it's now. Going to Newfoundland is a big
adventure."
A few evenings later I
headed over to Macdonald's west-side condo for a farewell party. Murrin
was there, along with three or four of Macdonald's friends, having a beer,
and, in Murrin's case, another joint. Macdonald's girlfriends had mostly
been accepting of Murrin. Mostly. A neighbour with whom Macdonald shared
condo keys turned white when Macdonald told her she was going to
Newfoundland. Then she had her locks changed. She hasn't spoken to
Macdonald since.
Macdonald's family was
equally leery of Murrin. Her father refused to meet him. So did her
sister. "That's their problem," said Macdonald. "They know where to find
me if they want me. It's their turn to make an effort."
Before Macdonald
finally packed up and left Vancouver, however, something happened to
change her family's minds. A television reporter turned up two startling
bits of evidence that the defence had never received. Way back in August,
1994, a woman, a neighbour of the Trans', had told an ex-rcmp officer and
a Missing Children investigator that on August 17 she twice drove past a
little pink bicycle left in the street in front of Murrin's house, not on
the lawn. The ex-cop and the investigator made a point of getting this
information to Kelowna rcmp. Whether deliberately or not, the rcmp did not
pass this information on to the defence.
The second revelation
was that during the trial, a man in jail for a sexual offence had
confessed to the killing. According to the report, the man told a fellow
inmate that he had killed Mindy in an abandoned house on nearby Gaggin
Road. Police had never searched the house, and it was later demolished.
For Murrin's lawyer,
Peter Wilson, it was the last straw. He wrote out a twenty-three-page
letter outlining all the things wrong with the investigation and
prosecution of Shannon Murrin, demanding a public inquiry.
The news report left
Kelowna rcmp in a bit of a bind. The investigation was formally closed,
but an alleged confession could hardly be ignored. So they developed a
facility for semantics. "Reopening the investigation would imply
everything we've done to date, all the thousands of hours of work that's
been put into this case, was wrong-headed," said rcmp constable Garth
Letcher. "That is not the position of the force. However, we continue to
investigate this tip and all tips as they come in. But the investigation
itself is closed."
The information may
have done little for the investigation, but it did open up a link to
Macdonald's family. Kathy's father, Gary, agreed to meet Murrin. According
to Murrin, they talked cars. Macdonald, Sr., gave Murrin a roof rack for
Kathy's Monte Carlo. And then the next morning, after packing up, in
Murrin's words, "seventeen bags' worth of shoes and makeup," the two set
off on their cross-country road trip to Newfoundland.
A couple of weeks
later, i follow. Macdonald meets me at the St. John's airport. The next
day, I'm driven out to the Murrin family home, a trim little bungalow on a
treeless acre on the far rural edge of the city.
When the story about
her son and Kathy broke, Murrin's mother invited the reporters who
besieged the house in and fed them while they waited for her Shan to come
back. She welcomes me similarly, taking a plastic bag of fresh cod tongues
that Murrin has bought up the road and dipping them in flour before
throwing them into a lightly oiled pan. "I loves 'em, cod tongues," she
says. As she cooks and chats, part of Macdonald's attraction to the place
becomes clear. Her own mother has been sick with Alz-heimer's for many
years. Even as a child she felt somewhat estranged. Mrs. Murrin, by
contrast, is warmth personified. "I just feel really at home here," says
Macdonald. And Mrs. Murrin, used to having a house full of people, clearly
likes having Macdonald around. "Ay, Kathy," she says, as she tells a story
about how she came to St. John's from a far-off outport in the forties, "I
had to come to St. John's to find a man. You had to come all the way to
Newfoundland." Then she goes off on a small cackling fit.
Macdonald doesn't seem
to mind the ribbing. Indeed, she runs off to find her clipping file in a
bedroom and returns with a Province cartoon in a laminated cover.
"How to meet chicks," says the caption. Below in separate panels are four
options: go to the gym; go to the bar; go to the beach; get charged with
murder.
"Yeah, Kathy," chips
in Shannon, who is standing by the sink, "weren't there no criminals in
B.C. for ya?"
I meet Mr. Murrin in
the same kitchen a few days later. He's just come from a veterans'
function, so he's wearing the medals from his Korea campaign. A small,
stocky man with wiry black hair, Shannon, Sr., bears little resemblance to
his son, nor do they seem to share much in the way of temperament. I show
him some photos I've taken the day before of Shannon and Kathy on the dock
at Portugal Cove.
"Ah, there's Shan
smoking a joint as usual," he says with a bafflement that must be decades
old. Murrin, Sr., is a teetotaller, and the steadiest of citizens. He
worked as a truck driver for nearly three decades. He built the house we
sit in himself and put food on the table for his three kids. Shannon, his
middle child and elder boy, clearly remains a mystery. "He had a girl for
a while. Nice girl she was, too," he says, referring to Shannon's first
wife. "Gave him two nice boys. But she took off, sick of waitin' on him,
and I don't blame her."
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