A Calgary man sentenced to life in prison for two murders had his convictions overturned by Alberta’s highest court on Monday, leading to his release. The Alberta Court of Appeal identified significant flaws in the trial judge’s assessment of the evidence, resulting in an unjust verdict.
Gerald Benn, who has been in custody since his arrest in September 2020, will now be freed following the court’s decision. The appeal court concurred with Benn’s defense lawyer, Alias Sanders, in stating that the evidence presented did not support a conviction.
The case involved a shooting in 2020 that resulted in the deaths of two men in Calgary’s Sandstone Valley. Despite the trial judge’s reliance on fingerprints and DNA evidence linking Benn to the crime scene, the appeal court highlighted discrepancies in the analysis.
The appeal panel emphasized that the fingerprints found on a Walmart bag linked to the crime were not solely Benn’s, with many remaining unidentified. Additionally, Benn’s DNA found on a Wendy’s bag lacked supporting evidence of how or when it was left there.
The court also raised concerns about the comparison between grainy CCTV footage of the shooter and clear images of Benn, highlighting the potential for bias in making such comparisons. Moreover, Benn’s lack of fingerprints on the vehicle he was allegedly in during the crime raised doubts about his involvement.
Despite the prosecution’s argument linking the shooting to a drug deal gone wrong, the appeal court found the evidence insufficient to conclusively prove Benn’s guilt. The court deemed that the totality of evidence presented at trial should have left room for reasonable doubt, leading to the acquittal of Benn.