Tuesday, Apr. 18, 2000 Homolka lied to Crown about Jane Doe Bernardo lawyer testifies: By JAMES MCCARTEN -- The Canadian Press ST. CATHARINES, Ont. (CP) -- Sex-killer Paul Bernardo's lawyer was poised in 1994 to snare Karla Homolka in a damning lie that would scuttle the infamous plea-bargain deal that gave her just 12 years in prison. As friends and family teetered on every word, Ken Murray described in court Tuesday how he was going to use Homolka's own statements to drag her back into a case he believed she had evaded. When she made her deal with the Crown in March 1993, Homolka said nothing about Jane Doe, the anonymous fourth victim of the notorious couple's lengthy spree of sex and brutality. Two days before the deal was sealed, the Crown showed Homolka a snippet of videotape depicting her drugging and performing sexual acts on an unidentified girl. Homolka, who was claiming to be herself a victim of her sexually sadistic husband, said her memory was foggy and suggested the girl was one of three teenaged victims already known to police. But Murray, having already viewed the six "caustic" videotapes depicting the brutal rape and torture of teens Leslie Mahaffy, Kristen French, Homolka's sister Tammy and Jane Doe, knew better. "It was Karla with a recumbent Jane Doe," said Murray, who is testifying in his own defence against charges of obstructing justice for holding on to the tapes for 16 months. "(The tape) shows her in control," he said. "It shows her performing sexual activities on her unconscious victim. It shows her as enjoying it." "If she was caught lying about anything, or was found to have committed other offences prior to her deal, the deal was off . . .she wasn't bargaining in good faith." Murray's lawyer, Austin Cooper, produced a letter dated Oct. 10, 1993 from Homolka to her own counsel, George Walker, in which she declares her memory is beginning to return. "Hi, I'm having a major problem," Murray said as he read portions of the letter, which included Homolka admitting her memory was beginning to return. "What if it was me with Jane Doe?" she wrote. "What if they nail me for this too? Can you fix it?" Murray said he was convinced he had enough evidence to compel Crown authorities to "scotch" the deal with Homolka, evidence that showed her in control rather than as a meek, battered prisoner trapped in a terrifying marriage to a man now reviled as a sexual terrorist. "It was clear in my view that she knew exactly who it was and had known from the beginning," Murray testified. "She was trying to intervene and protect herself." On Monday, Murray testified about how he had planned to confront Homolka at any one of several expected preliminary hearings scheduled variously during the spring and summer of 1994. But in the space of a month, all of them were cancelled by government authorities, who wanted to fast-track a trial that had already been severely delayed. On Tuesday, he suggested the hearings were cancelled intentionally because Homolka simply wasn't ready to be cross-examined, despite documents that showed Crown officials had spent more than a month trying to get her ready to testify. Murray was the first person other than either Bernardo or Homolka to view the infamous tapes, which he plucked from the ceiling of the pair's quaint clapboard home in a tony St. Catharines suburb in May 1993. Murray has testified that Bernardo was ashamed of his actions on the tapes, but freely admitted beating and brutally raping Mahaffy and French. He was adamant that it was Homolka who killed the girls, prompting Murray's team to build what they dubbed the "black widow" defence: portray Karla as the deceptive, calculating killer and get "vindication" for Bernardo. The plan was to use the tapes to discredit Homolka's "unconscionable" deal with the Crown, which gave her 12 years in prison on two manslaughter charges in exchange for testimony against her former husband. Throughout his testimony, Murray has insisted he didn't believe he had to turn the tapes over to authorities, especially since he hadn't viewed them and assumed they were only incriminating to Homolka. Murray's delay in handing over the tapes is thought to have allowed Homolka to make her much maligned deal with the Crown. A judicial inquiry found that had authorities seen the videotapes, a deal with Homolka would not have been necessary. 1. Prior to the discovery of the videotapes, the Crown believed that Homolka’s testimony was necessary to convict Bernardo. Given this situation, was the plea bargain a reasonable agreement for both Homolka and the Crown? Explain. 2. When the tapes were made available to the Crown, no further charges were made against Homolka. In your opinion, what would be the effect on future plea bargains if the Crown attempted to prosecute her on further charges in spite of their agreement? 3. What circumstances would have been necessary for the Crown to void the Homolka plea bargain? 4. “Usually, the plea bargain is offered to the lesser players in the crime, in order to secure a conviction of the more important accused.” Do you think this scenario played out in the Homolka plea bargain? Why was she thought to be a lesser player in the crime? Explain your answer. 5. Did the Homolka plea bargain make it impossible for the Bernardo lawyers to mount a legitimate defence to the charges against him? Explain. 6. “Criminal law is the collective property of all citizens. It is not the private domain of the legal profession and the courts. Any justice system that is completely insensitive to public concerns and needs would constitute a tyranny.” Discuss this quotation in the context of the Homolka plea bargain.