Deep Dive
Shownotes Transcript
Hey, it's Nancy. Before we begin today, I just wanted to let you know that you can listen to Crime Beat early and ad-free on Amazon Music, included with Prime. Today's episode is a little different. As you know, I'm always trying to dig up new information about the stories I've previously shared.
I'm Nancy Hixt, a senior crime reporter for Global News. Today on Crime Beat, I'm going to go through new details I've uncovered in the year since I've last updated you. This is the early 2023 edition of The Story Is Never Finished. I'm going to start with a decision made by the Supreme Court of Canada that impacts cases across the country.
Over the past four seasons, I've shared three haunting cases that had multiple murder victims. Hunted by evil, darkness in the past, and who killed Sarah and Talia. They're three of the most disturbing stories I've covered in nearly three decades of crime reporting. Douglas Garland and Derek Saretsky were each convicted of three counts of first-degree murder.
Edward Downey was convicted of two counts of first-degree murder. They were each sentenced to an automatic life sentence with no chance of parole for at least 25 years. But a change in legislation in 2011 gave judges the ability to sentence multiple murderers to consecutive periods of parole ineligibility.
Garland and Saretsky were not able to apply for parole for at least 75 years. Downey's eligibility was set at 50 years. But in the spring of 2022, the Supreme Court of Canada ruled consecutive parole ineligibilities for multiple murderers is unconstitutional.
Following the SCC decision, Saretsky's sentence was amended, as was Downey's. Both are now sentenced to life in prison with no chance of parole for 25 years.
Only one of these cases with a sentence of consecutive parole ineligibility remains. Douglas Garland appealed his sentence of life with no chance of parole for 75 years. The Alberta Court of Appeal dismissed Garland's appeal and upheld the sentence.
And that occurred prior to the Supreme Court decision. And it can't be reopened at that level. I checked with the Supreme Court and was told it doesn't have jurisdiction over this case because Garland didn't appeal to the SEC. So for now, at least, his sentence stands. He's eligible to apply for day parole in 2086 and full parole in 2089.
The next update is from a story I shared in Season 3 called "Violated Care: Patients of a Disgraced Doctor Speak Out." Since then, there's been several significant developments in that case.
Former neurologist Keith Hoyt admitted to sexually assaulting 28 female patients over 30 years and was sentenced to three years in prison. He was denied early parole and was released in September at the two-thirds mark of his sentence as mandated by law and known as statutory release.
In the meantime, Hoyt was charged with 32 new offenses and was scheduled to stand trial in early 2023. Instead, on December 8th, he pleaded guilty to 27 new charges against 27 victims, 25 women, and two teenage girls aged 16 and 17.
The prosecutor in this case read a graphic 30-page agreed statement of facts out loud in court, detailing abuse that spanned nearly 30 years, from 1986 to 2013. Many of the victims were referred to Hoyt for issues with migraines. Others suffered from a range of other health conditions that included dizziness, fibromyalgia, and seizures.
The guilty plea eliminates the need for a six-week trial, and of course eliminates the need for the victims to testify in court. A date for sentencing has not been set yet because Hoyt's defense lawyer said he wants some time to consider sending him for a psychological assessment. In the meantime, Hoyt is not currently in custody. I also want to highlight one very interesting portion of the agreed statement of facts.
You'll recall in our original episode on this case, I inquired if Hoyt was the subject of any complaints or disciplinary action with the College of Physicians and Surgeons of Alberta.
The college told me he was last licensed to practice in 2014 and said they were restricted and couldn't share details of any complaints unless it went to a hearing, but did confirm that Hoyt was never subject to a hearing with the college.
I'm going to read one very interesting but lengthy portion of the facts as presented in court on December 8th to give some insight on one complaint that we now know was made to the college. Court heard in 1997, a 24-year-old woman was referred to Hoyt after suffering from spells where she lost the ability to find her words.
She was asked to remove her clothing and underwear and put on a gown. Her husband sat in the exam room on the other side of a screen. Hoyt admitted he pulled her gown down and rammed the stethoscope in under her bra, in what her and her husband described as a rather caveman-like manner. She recalls this bothered her.
She said her questions about her health issues were not answered and left the appointment feeling angry. Following the appointment, the woman spoke with her family doctor, who encouraged her to file a complaint with the college, which she did in January of 1997.
Courthurd, the deputy registrar for the college, met with Hoyt nine months later and wrote a memorandum detailing the meeting. I'm going to read you that verbatim, excluding, of course, the victim's name. Quote, I met with Dr. Hoyt at Bryan & Co. in Calgary, October 1st, 1997.
The purpose was simply to review and reinforce the elements of this complaint which touch on the manner in which he examined the woman's heart and lungs.
End of quote.
Again, that was in 1997. He has now admitted to sexually abusing patients until 2013. So while the college confirmed that Dr. Hoyt was never subject to a hearing, it's clear now that a complaint was made and he was talked to by the deputy registrar.
A lot of you have messaged me about this next story. In season two, I shared the two-part series, The Final Homecoming of Lucas Strasser Heard. You'll remember he was violently attacked, swarmed, kicked, stabbed, and beaten outside of a Calgary nightclub by a group of young men. He was rushed to hospital but died several hours later.
Four men were convicted in the case. Nathan Gervais was found guilty of first-degree murder. Friends Cabrera and Asmar Shla were convicted of second-degree murder. And Josh Pook was convicted of manslaughter. Cabrera and Shla took their appeals all the way to the Supreme Court of Canada, and the convictions were upheld. The SCC declined to hear an appeal by Gervais.
However, after my last update in late 2021, Lucas's family was informed one of his killers was once again attempting to fight his conviction.
Asmar Schla's defense lawyers obtained a court order for the release of his shoes for further testing. To give you some background, the shoes Schla wore the night of Lucas' attack were bloodstained. Forensic evidence presented during the trial revealed the blood on Schla's right shoe was Lucas', as was the DNA also found on Schla's left shoe.
His defense indicated they may seek a ministerial review of the conviction,
That would give the federal justice minister the option of returning the case to the courts or referring the case to a court of appeal or a new trial. But it all depended on the results of the latest tests by defense. Once that happened, Lucas's family was told the exhibit was returned to the court. Now, nearly a year and a half later, they've been notified that no application for a ministerial review has ever been filed.
They told me, given the roller coaster they've been on since Lucas' death, they hope this means Schlau has abandoned his fight. But they're still on edge. Schlau is eligible to apply for day parole in 2027. Franz Cabrera is eligible to apply for release in 2025. And Nathan Gervais is eligible for day parole in 2039.
Josh Pooke was released on parole. However, a warrant has since been issued for his arrest. He's accused of breaching his conditions and is now wanted for being unlawfully at large. Another case that I receive a lot of inquiries about is a story from season two about Alex Redita, the boy who fell through the cracks.
15-year-old Alex died from bacterial sepsis, resulting from neglect and starvation. Type 1 diabetes was listed as another significant condition that contributed to his death. When first responders arrived to his parents' home, they found Alex weighing a mere 37 pounds and covered in more than 40 bedsores.
Alex's death was not only senseless and preventable, it was murder. His parents were both convicted of first-degree murder and sentenced to life in prison with no chance of parole for 25 years. In my investigation, I explained what happened to Alex and revealed that shockingly, if the same set of circumstances were to unfold again, another child could also fall through the cracks.
Since then, in September of 2022, a fatality inquiry was held in Calgary. The purpose of a fatality inquiry is not to lay blame. Rather, a provincial court judge hears details of a case to help clarify the circumstances of a death and can provide insight and recommendations to prevent similar deaths.
During the hearing, the judge expressed concern that only witnesses from Alberta were called on and suggested witnesses from BC would be helpful. She said that it was obvious to her the connectedness between the two provinces could have made a difference. During our original episode, I shared Alex's history. He was first diagnosed with diabetes when he was three years old living in BC.
Three years after that, he nearly died. Officials determined he had not received medical care for more than two years. His attending physician concluded that Alex had been denied proper nutrition and insulin by his parents.
Police became involved and Alex was placed in foster care. Not long after that, a BC judge ordered Alex be returned to his parents. And not long after that, his parents moved the family to Alberta. That's when Alex Redita went completely off the radar.
In this case, the judge adjourned the fatality inquiry until the spring of 2023 and hopes to hear evidence from BC witnesses at that time. After the hearing concludes, the judge will release a report to the public and the Alberta Minister of Justice and may make recommendations on how to prevent similar deaths in the future.
Those are the updates I have for you today. Thank you for joining me. Crime Beat is written and produced by me, Nancy Hixt, with producer Dila Velasquez. Audio editing and sound design is by Rob Johnston. Special thanks to photographer-editor Danny Lantella. And thanks to Chris Bassett, the VP of Network, Content, Production and Distribution and Editorial Standards for Global News.
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