Canadian True Crime - 83 The Murder of Beverley Rowbotham

Episode Date: February 15, 2021

MANITOBA | In 2000, Beverley Rowbotham moved her family from Saskatchewan to Manitoba after her husband Mark Stobbe was offered a high-profile job there. But as they started settling into their new ho...use, the problems started…. and it was one thing after another.Canadian True Crime donates monthly to organizations helping those facing injustice.This month we have donated to:The Alpha House Project - Winnipeg - a year-long program for women and their children leaving an abusive relationship. Podcast recommendation:Island Crime: Gone BoysThanks for supporting our sponsors!See the special offer codes here Don't like the ads?Access early episodes without the ads plus bonus content and more on Patreon and Supercast. Learn moreWebsite and social medias:Website: www.canadiantruecrime.ca Facebook: facebook.com/CanadianTrueCrimeTwitter: @CanadianTCpodInstagram: @CanadianTrueCrimePodInstagram: @kristileehello Credits: Research and writing: Kristi LeeAudio editing and production: We Talk of DreamsDisclaimer voiced by the host of TrueTheme Song: We Talk of DreamsAll credits and information sources can be found on the page for this episode at canadiantruecrime.ca/episodes. Hosted on Acast. See acast.com/privacy for more information.

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Starting point is 00:00:00 Canadian True Crime is a completely independent production, funded through advertising and direct donations. The podcast contains course language, adult themes, and content of a violent and disturbing nature. Listener discretion is advised. It was October of 2000 and Beverly Robotham had a job interview to prepare for. The 42-year-old mother of two had just moved her family from Regina, Saskatchewan, to Winnipeg, Manitoba. It wasn't her idea. Her husband, Mark Stoby, had built a successful career working for the Saskatchewan government and had received a new job offer too good to pass up. When Beverly and Mark met in Regina nine years beforehand in 1991, she worked in the human
Starting point is 00:00:47 resources field for the Saskatchewan Public Service Commission. She valued her work and was known to be very good at her job, just as Mark was. Beverly and Mark got on well and were known to be very affectionate as a couple. Two years after meeting they got married and in the years that followed they had two sons. Mark's career continued to take off and he ended up as a senior advisor to then Saskatchewan Premier Roy Romano. It was a high-profile role that saw him quoted often by the media as a government spokesperson. But Mark was ready for his next challenge and was taking his time looking for the right next position. In April of 2000 he was offered a new job in the next province over, Manitoba. He would be a senior communications advisor to Premier Gary Dua,
Starting point is 00:01:42 a prestigious high-profile role that required the family to move. For Beverly this would work out well. She already had family that lived out that way including her older sister and mother. It would be good to be closer to them. So they packed up and moved. Beverly and Mark both 42 and their two young sons quickly purchased a house in St Andrews, a rural area north of Winnipeg and moved there in late spring of 2000. By all accounts when they first arrived everyone was happy to be there. Mark would say it was like paradise but it didn't take long before things changed. That spring and summer was wet and rainy and with that came swarms of mosquitoes, so many that just going outside became a bit of a hazard. While Mark was in Winnipeg hitting the
Starting point is 00:02:39 ground running with his new job, Beverly and the kids had to stay inside because of the insects and the house itself was problematic. It was a large custom log home on almost two acres but it proved to be a bit of a money pit. It was infested with carpenter ants and was badly in need of repair with structural problems that caused many issues like doors that stuck inside their frames and wouldn't budge. Instead of enjoying exploring a new location and settling into a new neighborhood, Beverly spent her time inside looking after her two young boys aged just three and five trying to avoid mosquitoes while organizing the various repairs needed to their house. It was just one thing after another and she had little to no help with any of this
Starting point is 00:03:31 because Mark was spending a lot of time at the office. He would be gone early in the morning and often wouldn't return until late at night. Even though Beverly had family about 10 minutes drive away, they were semi-isolated at the house and hadn't made any friends yet in the area so it was lonely during the day. Beverly was close to her two older sisters and they noticed a change. They knew her as an intelligent and fun person who loved to laugh and get dressed up to go dancing to the movies or out for a nice dinner but now she was isolated and stressed. In the late summer Beverly spoke with one of her older sisters about the predicament. She was angry because she was dealing with a lot of problems and she wasn't coping well with having to solve them all herself
Starting point is 00:04:22 while Mark worked long hours. She wanted to sell the house but he didn't want to. But then things seemed to get a little easier. By September the mosquitoes were gone, they could go outside again and the most crucial house repairs had been made. One of the boys started kindy and Beverly was just starting to get involved with the school and look for a job. Before long she was able to secure a job interview in human resources with the Manitoba Justice Department. The night of October 24th 2000, Beverly was chatting to her sister Betty on the phone about watching the boys when she went for her job interview the next morning. Betty could hear
Starting point is 00:05:12 that Beverly was trying to get her kids out of the bath and into bed and she sounded distracted and hurried with one ear on the phone and one ear on the kids kind of breathless. And then one of the kids got out of the bathtub and Beverly told her sister she had to go. They made their plans for the next morning and hung up. Two hours later Betty and her husband received a phone call from Mark who said Bev had gone on a quick grocery trip to the nearby small city of Selkirk. He said she needed to buy some mini muffins for one of the boys' nursery school Halloween party. The reason for the call was to talk about installing bathroom flooring and to ask if
Starting point is 00:05:57 they had any recommendations for a contractor. After having a quick conversation they hung up. Hours later at around 2.30 in the morning, Betty received a phone call. She got out of bed and answered the phone and it was Mark again but this time all was not well. He told Betty that Beverly had not returned from her shopping trip and something was wrong. He called the police and the hospitals and no one had seen her. By now Betty's husband and son had leapt out of bed and were heading to their vehicle to go and search for her. They searched the area between St Andrews and Selkirk about 14 kilometres distance but saw no trace of Beverly or the car. They then went back to Beverly and Mark's house.
Starting point is 00:06:51 Betty was already there. She had come over to look after the sleeping boys so Mark could do whatever was needed to help with the search. Soon the RCMP arrived and wanted to know more about Beverly and where she intended to go. They knew that around 9pm the night before Beverly had left for a spur-of-the-moment shopping trip to Safeway in Selkirk. Mark had dozed off. When he woke up she hadn't returned so he reported her missing. An RCMP officer asked Mark some questions about their relationship, finances and general life situation. Mark was stressed but very cooperative. They obtained a photo of Beverly and set off to investigate, firstly by seeing if she had actually made it to the Safeway. Back in the house Beverly
Starting point is 00:07:44 sister Betty sat down to catch her breath and Mark said he was going out to the backyard. He was out there for quite some time and then came back in. By now it was about 4am and Beverly hadn't been seen for some 7 hours since she left to go shopping. All of a sudden an RCMP officer's phone rang with somber news. The group were told that Bev had been found dead and a homicide investigation was being opened. But that was all they could tell the family. There were gasps as Beverly's loved ones came to grips with their new reality. According to the RCMP officer Mark turned kind of white and went weak. Betty helped him to a chair nearby and he placed his head down on his hands and started crying.
Starting point is 00:08:38 Betty embraced her husband and son tightly before returning to Mark holding his hand and patting his head. At this point none of them had any idea what had happened to Beverly. All they knew was that she was no longer alive. I'm Christy an Australian who's called Canada home for more than a decade and this is my passion project. Join me to hear about some of the most thought-provoking and often heartbreaking true crime cases in Canada. Using court documents and news archives I take you through each story from beginning to end with a look at the way the media covered the crime and the impact it had on the community. This is Canadian true crime.
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Starting point is 00:10:29 and you can even browse the category of your business to see examples of what others have done. I use the built-in blogging tools to create a new page for each episode and there are so many intuitive options from embedding an audio player so listeners can stream episodes to scheduling posts to be published on a certain date, an easily moderated comment section and automatically displaying recent episodes on the homepage. Every Squarespace website and online store includes SEO tools to help you maximize your visibility in search engines and I love the powerful insights I can get from the analytics tools helping me better understand who's visiting the site, where they came from and how they're interacting with it. Do you have a passion project
Starting point is 00:11:14 or business idea or something to sell? Go to squarespace.com slash ctc for a free trial and when you're ready to launch use offer code CTC to save 10% off your first purchase of a website or domain that's squarespace.com slash ctc with offer code CTC and get your passion project off the ground today. Later that morning Mark called the RCMP to get an update and see if they could tell him anything about how Beverly had died. He would learn that her body had been found in the back seat of the family's car, a Crown Victoria sedan at an abandoned gas station car park close to the safeway that she had intended to go shopping at. She had received a blow to the head but that was all the RCMP could tell him. Mark asked whether he should offer a reward for any
Starting point is 00:12:21 information leading to an arrest but at that point it was still early on in the investigation. After the call some RCMP officers arrived at the house to get an official statement from Mark. They went to the police car to record the statement since the boys were in the house. The two officers observed that Mark wasn't overly emotional or crying but he seemed lost and out of sorts. They started off by asking him to detail exactly what happened earlier in the day in the lead-up to Beverly leaving to go shopping. They learned that it was actually the second time Bev had gone shopping at the safeway that day. Earlier in the afternoon she had taken one of their sons to the store but Mark said he was playing up so she had to leave early and didn't
Starting point is 00:13:12 get to finish her shop. Mark said that she planned to do a $300 or $400 shop but she was only able to spend about $100 on some salads and cheese. He went on telling the officers that that night they both bathed the kids and put them in bed and then Mark put on the TV and started watching a baseball game. The RCMP would verify that there was a baseball game on that night. He told the police that Beverly said if he was just going to be watching TV then she would go back to the safeway because it was 10% off day. So she left at around 9pm wearing a pink sweatshirt, jean jacket and jeans. Mark said he didn't know how much gas was in the car but it was in proper working order a good solid car. Mark said he watched the baseball a bit longer and then called
Starting point is 00:14:08 Beverly's sister to ask for that recommendation for flooring. He told police after that that his son was restless so he went and laid with him in his bed and fell asleep there and when he woke up at about 2.30 in the morning Bev was missing. The conversation turned to the state of their marriage. Mark said that it was pretty good but they had a bit of a hiccup when they first moved into the house about four months beforehand because Beverly was quite unhappy for the first month of it she felt like she was trapped. He described it as a miserable July but then when the rain stopped the mosquitoes went away and the school and fall activities started she was much happier. Mark told the police that Beverly was having a really good time and they were getting
Starting point is 00:14:58 along well. The officers asked if there was any tension in the marriage. Mark said not really they had tiffs and he laughed a bit as he said he'd come to expect that she would be grumpy at a certain time each month but other than that he said they were happy even though his new job had caused some stress. The transcript of the interview details that Mark was asked if there was an insurance policy taken out on Beverly's life. He said that there was but they cancelled it two months beforehand as it was tied to a previous employer. They talked about where Bev might have gone in her car. Would she have stopped for gas? What about to the bank to get money? Would she have gone in the direction of her sister's house? Was it possible that she was having an affair?
Starting point is 00:15:49 Mark replied I would be the most surprised person in the world. He said they'd been married over seven years and there'd be no suspicions no flotations nothing. The initial statement took about 70 minutes. After lunch a family liaison officer had been appointed and went to the home to get further information. She observed that Mark appeared calm and not upset although Beverly's family was still at the house and they were the same calm. By that point it had been nearly 12 hours since they learned the news about Beverly. The investigation continued. The next day October 26th of 2000 RCMP officers discussed getting a warrant to search the home but they were unable to get one quickly enough so they went back after 5pm to ask Mark for his permission.
Starting point is 00:16:48 Mark asked if they had a warrant. He was told no they were requesting his consent. Mark then asked if he was a suspect. The RCMP officer replied that as much as they looked to find the person responsible they were just trying to eliminate people. Mark said he was expecting it because the husband is always the first person that needs to be eliminated. He understood that they had to do their job. According to court records the police officers there gave different accounts of Mark's demeanor. One officer said he appeared normal and calm not upset and not angry with the police about their line of questioning. Another officer recollected that after they requested a consent search Mark sat down and was rubbing his face and head quite dramatically
Starting point is 00:17:39 taking deep breaths and lots of pauses. At one point he suggested they come back and search after Beverly's funeral which was still two days away. The officer told them that they had to consider the possibility that someone was on the property stalking her and they needed to search for evidence as soon as possible. Mark was then described to be quiet for long periods of time taking more deep breaths as he thought. He then sat down and said he wanted to call a lawyer. After more questions he said he had two concerns. One that his kids would see the police and two that the officers would make a mess of the house as they searched. The officers offered to wait until the children had left the house before they started the search and they promised not to make much of
Starting point is 00:18:30 a mess or be disruptive. Mark said he was hoping it wouldn't come to this. He was hoping that by that point they would have caught the person responsible. He told the police he realized they couldn't overlook him but he didn't give his consent to search the house. That same day the RCMP started giving some preliminary details to the press. Mark Stoby was a high profile person in the Manitoba government and well known in Saskatchewan too. Headlines referred to Beverly as the wife of a communications executive with the Manitoba government. A brief summary of the autopsy report was released which confirmed that Beverly was murdered and died as a result of trauma to the head. The RCMP wouldn't give any more specific details than this including what kind
Starting point is 00:19:24 of weapon was used or any other evidence they found in the car. The public already knew that Beverly went to go shopping at about 9 p.m. and never returned. The RCMP said they had obtained the Safeway security video and there was no evidence that she had gone there that night. It seemed that there were only two options. She told Mark she was going to Safeway but went somewhere else or she was murdered before she got there. As the investigation continued, Beverly's funeral was held back in Regina, Saskatchewan. The press hounded them trying to get photos of Mark and the boys. At several points Mark had to make concerted efforts to lose the media as he drove from the funeral to the reception.
Starting point is 00:20:16 Beverly's obituary painted a picture of an adventurous woman who loved skydiving, traveling the world and had even taught in Japan. She'd completed two university degrees and had enjoyed a successful career. But it said her greatest achievement and the source of her greatest joy was raising her two young boys. Two young boys who were now without a mother. A month later, on November 27th of 2000, the RCMP sent out another news release, announcing that they had received a phone tip about a cyclist on a highway route that Beverly would likely have driven to get to the Safeway. Given the time of night and the location, the sighting was deemed suspicious and the RCMP asked for anyone who saw someone on a bike
Starting point is 00:21:14 or a hitchhiker, stranded motorist or pedestrian the night of Beverly's murder to come forward. It was certainly a mystery but the RCMP denied that the case had turned cold. Behind the scenes, the RCMP had been looking very closely at Mark Stobey, even closer than he expected. In the days after Beverly's body was found, they began surveilling Mark to see what he did. Undercover officers even followed him to Saskatchewan for her funeral. At one point, they saw Mark dancing around with his two kids in a parking lot. Remember, they were only three and five years old. But other than that, they didn't observe Mark doing anything that could be considered suspicious.
Starting point is 00:22:02 In the early stages of the investigation, the police's media releases were written carefully to make sure they held back certain details of Beverly's murder, details that only the killer would know. They knew that Beverly had been struck 16 times with a hatchet or axe. Her skull bore the brunt of the blows, but three of her fingers were severed, indicating she'd put up a fight. Her wedding rings were also missing. So, there was that. And in the meantime, they had received surveillance images of Beverly shopping at Safeway earlier that day with her youngest son. This was the first trip she made, the trip that Mark said had to be cut short, because their son was playing up. In the footage, Beverly is dressed in the same pink sweater and blue jeans that Mark
Starting point is 00:22:54 said she wore to the second shopping trip later that day. Mother and son spent 46 minutes inside the store. And while only 18 minutes or so of the trip was caught on camera, it showed nothing out of the ordinary other than the usual browsing. Because Beverly was a member of Safeway's Frequent Shopper program, the manager was able to pull up her transaction history. That afternoon, on the first trip, Beverly spent $108 on shopping, but her previous shopping trips had averaged about $75. It seemed strange that she would need to go back to the store to find out what it was. It seemed strange that she would need to go back that night to finish off her shop when she already spent more than she usually did. There was no evidence that she'd return
Starting point is 00:23:45 to the store for a second time. Not only was she not caught on any surveillance footage, but there were no more transaction records. RCMP officers had asked Mark to consent to them searching the house because they couldn't get a warrant in time. While he voiced his concerns about disrupting the boys and messing up the house and asked to speak to a lawyer, it turned out to be a moot point. Officers were able to get a search warrant the following day so they didn't need Mark's consent after all. But by the time they started the search, it had been three days since Beverly was last seen. That said, the search was not in vain. Forensic officers sectioned off the backyard and searched the ground on
Starting point is 00:24:33 their hands and knees, and they found clumps of cut hair as well as many tiny blood drops, bone chips and fragments, including one that was two and a half centimeters long. In the garage attached to the house, there were a few more drops of blood. DNA tests would need to confirm a match to Beverly, of course, but the officers were now working with a theory that Beverly was murdered in her own backyard, then taken to the car and driven away. Additionally, in the garage, officers found a bloody towel and two bloody tissues which were bagged and sent for testing, and on a fridge in the garage, there was a small blood stain. They also found large stains that were a dark red color in the garage. The police took photos and showed them
Starting point is 00:25:27 to Beverly's sister Betty, who said that the stains were not there in the days before her murder. She also said that Beverly was a neat and tidy person, and if something did cause stains like that, she would have cleaned them up. Given that the autopsy had determined the assailant hit her 16 times with an axe or hatchet, the officers were surprised that there was so little blood on the scene. When it came to the backyard, there had been a small amount of rain between Bev's murder and the search of the house, but the forensic experts didn't think it was enough to explain the lack of blood. The evidence suggested that there may have been a cleanup of the crime scene. So, while the evidence collected pointed to the fact that Beverly
Starting point is 00:26:15 was most likely killed in the backyard, officers had to wait for the forensic testing to be completed before they could take further action on that basis. Beverly's car, the Crown Victoria, had also been forensically examined. There was blood on the undercarriage of the car, indicating that blood continued to flow while the car was in motion. Her purse or handbag was located next to her body in the vehicle. It contained her credit cards, but no one had attempted to use any of them. The purse was sent for DNA testing. What was missing was her wallet, a gold watch, and her $7,000 diamond engagement ring, and the murder weapon. While they waited for forensic testing, officers continued to investigate and gather evidence. They conducted several noise
Starting point is 00:27:11 tests at the house. Mark's story was that he was watching TV or had dozed off, so if Beverly was attacked with an axe or hatchet in the backyard and Mark was inside the house, would he have been able to hear it? One officer stayed inside the house while another went into the backyard and yelled for help. The yelling was clearly heard. The garage door was also opened and closed while an officer was in the home. This was also clearly heard from inside the house. So, if Mark was inside the house while Beverly was attacked in the backyard, why didn't he hear anything? Meanwhile, appeals to the public for help were also starting to pay off. A woman came forward to say that she heard a splash in the Red River, a river that ran close to where the safeway was
Starting point is 00:28:07 that Bev was headed to. She said the splash sounded like something the size of a baseball had been tossed in the river on what she believed was the night Bev was killed. She spotted a vehicle driving away from the area but was unable to provide a description. Another man came forward to say he'd found a gold watch in the same area of the river's shoreline. It was Beverly's watch. And another man looking for fishing gear found a woman's wallet in the same area. There was $10 still in it but no identification or credit cards. Luckily, he found a photo of Beverly and the two boys in the wallet and recognized them from the media coverage. With these two items discarded into the river, a team of police divers went into the water to
Starting point is 00:28:59 search but nothing else of interest was found. But there was more. Several witnesses contacted the police to say they'd seen a person peddling a bike in the area on the night of the killing, including on the highway. And one of the reasons this cyclist stood out was that he was described as very large. This was of interest to police as Mark Stoby was a large man who weighed around 280 pounds or 130 kilograms. One witness said he made eye contact with the cyclist as they passed and described the look he got back as piercing. He said he found the whole thing very creepy. The results of the forensic testing were in. While not all of the tiny blood and hair samples found in the backyard and garage were able to be matched, 11 of them were a match to Beverly's
Starting point is 00:29:59 DNA. The pieces of bone were also a match to Beverly. The blood stain on the garage fridge had DNA from Beverly, but also an unknown male. Same thing with the bloody towel and tissues they found in the garage. It had DNA from an unknown male. And as for the purse that was located in her car, there was also unknown male DNA on the straps and zippers. The RCMP would need to get samples from Mark and their boys to compare as a first step. While Mark had been under surveillance by an undercover team, he still hadn't done anything suspicious. It was time to step things up. RCMP officers came up with a plan. They would deliver the news to Mark and Beverly's family that the evidence showed she was most likely killed in
Starting point is 00:30:53 the backyard. And at the same time, they would wiretap the house. If Mark was responsible for Beverly's murder, maybe this additional information would motivate him to say or do something suspicious and they wanted to be ready for it. That same day, he spoke on the phone with Beverly's sister, Betty, a decompression call after they both found out that Beverly had been killed in the backyard. In the call, Betty tells Mark that police are focusing on the backyard. He sighs heavily a few times and then swears. Betty continues to talk about the backyard and Mark can be heard uttering, damn it all, and then sighed a few more times and swore again. Betty asked him if he was going to be okay. He replied, not completely, but I'll get through. Betty remarked that there was
Starting point is 00:31:49 one less thing to wonder about and added, you've always said that you always felt that. Likely she meant that Mark mentioned Beverly being murdered in the backyard as a possibility. He confirmed it, saying, well, the reason I thought that was because of all the tarps in the backyard when they were doing the search of the house. Betty would tell police that Mark's behavior during the conversation, the swearing, the pauses, the loud sighs were unusual for him. Because Mark held a high ranking provincial government position at the time, the RCMP called in a prosecutor from Alberta to review the case and decide whether there were grounds to press charges. But no charges were authorized. They had evidence, but it was all circumstantial.
Starting point is 00:32:38 They had no murder weapon, no motive, and no witnesses. In April of 2001, five months after Beverly's death, the RCMP arrived at the house with a warrant that authorized them to get a blood sample from Mark. They told him that he hadn't yet been cleared as a suspect and they wanted to compare his DNA with the evidence seized from the crime scene. Mark was told that they knew how this happened, but their big question was who and why, and they believed it was only a matter of time before they caught the person responsible. Mark suggested they might want to talk to a neighbour who he thought was avoiding him, although he acknowledged that it may have been because the neighbour had decided he was responsible
Starting point is 00:33:32 for Beverly's murder. Mark didn't seem to have any concerns about giving a blood sample, and the officers observed that he was relaxed and engaged in casual conversation, at one point joking with them about whether they'd been properly trained to take the sample. The DNA on the bloody towel and tissues found was a match to Mark Stoby. As you remember, there was a blood stain on the garage fridge that had Beverly's DNA on it, but also had DNA belonging to an unknown male. This was also matched to Mark. The RCMP had noted that they did not notice any blood or injuries on Mark Stoby when they interviewed him, but also, Beverly was murdered in late October and everyone was covered up to keep warm.
Starting point is 00:34:26 The evidence was all circumstantial though, and the fact that Mark's DNA was found at his own home wasn't exactly the smoking gun, and there was one thing that remained a mystery. That unknown male DNA on the straps and zipper of Beverly's purse or handbag was not a match to either Mark or their sons. The police had some answers, but they needed more. Mark continued to protest his innocence while cooperating with police, and despite the forensic testing and analysis and continued pleas for the public to come forward with information, the case seemed to be growing cold. There were no further public updates, other than RCMP Sergeant Steve Saunders telling the Leader Post that the investigation was still
Starting point is 00:35:19 making progress, but he still couldn't disclose anything new out of concern that it might jeopardise the case. There was one thing he was able to disclose a few weeks before the one-year anniversary of Beverly's murder, and that was that one of the five key RCMP officers working the case full-time had died by suicide. Constable Melvin K. Laverly was just 45 years old, and the media would report that his death caused a significant blow to the investigation, but at the time Sergeant Saunders assured the public that it wouldn't affect the case. That was October of 2001, and the case appeared to go cold after that. Four years later, in 2005, the RCMP cold case unit took over the investigation, although no update was given to the public about whether any progress was made.
Starting point is 00:36:21 This was a high-profile case, and five years afterwards the public still knew nothing about the evidence found, the forensic testing, or the focus on Mark. Beverly Robotham's murder had become one of Manitoba's most baffling unsolved crimes, with much speculation. It was assumed that Mark had been cleared as a suspect, but that meant an unknown killer was on the loose, which was a terrifying thought for local residents. The Winnipeg Free Press initiated a court battle to get access to search warrant documents. They were successful, and the documents revealed that Mark Stoby was the prime suspect in the case and had been from the start. But that was six years beforehand, and he was still walking free. Mark had always refused interviews, but Winnipeg Free
Starting point is 00:37:17 Press reporter Mike McIntyre spoke to him through his lawyer, Tim Colleen, who said Mark was focused on raising his children, but he desperately wanted to see his wife's killer be caught and would do anything he could to assist the investigation. Mark's lawyer also suggested it was a case of the police having tunnel vision, looking so closely at Mark Stoby that they became blinded to other potential suspects. By this time, Mark and the two boys had moved back to Saskatchewan, where he was serving as executive director of a not-for-profit in the arts industry. There were no further updates on the case until 2008, when the RCMP started to give some public hints that a large development on the case was coming. And then Mark was arrested at his workplace
Starting point is 00:38:10 in Saskatoon and charged with second-degree murder. His two children were in school at the time. An RCMP spokesperson told the press that although it took time, they were finally able to gather enough evidence to place the charges, and they were happy to bring a sense of relief to Beverly's family. It would later be revealed that 120 police officers had been involved in the investigation. Police had chased down more than 240 tips and interviewed around 400 people, as well as intercepting nearly a thousand of Mark Stoby's phone calls in that wiretap operation. His lawyer said that the arrest was a surprise, and he had no idea what had happened to bring the case to this stage. It was all a bit of a mystery.
Starting point is 00:39:03 Mark Stoby served two months in jail before he was released on $50,000 bail. After Mark's arrest, the case took three years to go to trial. In the year 2000, when Beverly was murdered, the couple were both 42. When the trial started in January of 2012, Mark was approaching his mid-50s. The crown prosecutor was Wendy Dawson, an independent Crown counsel hired by Manitoba Justice to avoid any issues with Mark Stoby's past with the government. She told the court that the case relied on circumstantial evidence and the testimony of more than 70 witnesses to prove what had happened to Beverly. This raised a few eyebrows, since everyone was expecting to learn about some new evidence that must have been uncovered
Starting point is 00:39:58 that had allowed the RCMP to lay charges after so long. Even Beverly's own family still had no idea what exactly had happened to her. The Crown told the jury that the delay in charging Mark Stoby had no relevance to the case. The real reason for the delay would only be revealed after the trial. The Crown told the court that they would be presenting evidence that they believed proved their theory about what happened to Beverly, which was this. On the night of October 24, 2000, Mark and Beverly had a heated argument in the backyard of their house. He allegedly grabbed a hatchet, hit her in the head 16 times, and then took her into the garage, put her body into their car, and then hit her again. Then he put a bike into the trunk of the car and drove it to the
Starting point is 00:40:53 abandoned gas station in Selkirk, 14 kilometres away. He then took the bike out of the trunk and rode it back to their home in St Andrews. The Crown alleged that at some point he threw Beverly's wallet and watch into the Red River and removed her wedding ring in an attempt to suggest to investigators that she had been robbed. And once he got home, he made an attempt to clean up the scene and then called the police and his sister-in-law. Then, after Beverly's sister Betty arrived, Mark went outside and hosed down the backyard. When he came back in, the RCMP arrived to deliver the news that Beverly had been found dead. So, that was the Crown's story. But the first thing the prosecution had to do was prove there was
Starting point is 00:41:44 enough discord in the marriage that led to the heated argument. By all accounts, Beverly Robotham and Mark Stoby were a solid couple when they lived in Regina, Saskatchewan. Beverly's sister testified that they were very much in love and would be seen cuddling a lot. After getting married, they had two young children and despite the usual tiffs, they remained close and were known to be affectionate. Mark built up his career in government communications and was instrumental in developing the strategy for the NDP that would see the party win the provincial election in 1999. The following year, Mark was offered that high-profile communications job in Winnipeg, so the family decided to pack up and move. But once they got there, in June of 2000, the problems
Starting point is 00:42:40 started. Beverly and the two young boys had a difficult summer, dealing with rain, swarms of mosquitoes that meant they couldn't go outside, an infestation of carpenter ants inside, in a house with structural issues that needed a lot of repairs. And as she dealt with all of this while taking care of her two young children in a rural community, Mark was already working hard in his new job, commuting daily from St Andrews where they lived to Winnipeg about 50 kilometres away. He would leave at around six most mornings and some days he wouldn't be home until after 11pm, something that was confirmed through the testimony of one of his other overworked colleagues. The crown prosecutor told the jury that over this time the couple became increasingly distant.
Starting point is 00:43:34 Several friends of Mark's testified that the couple appeared to get on fine and were still very affectionate. One of them said a few months before Beverly died, he met them for lunch and said they held hands, kissed and appeared just as close as they normally were. Bev's best friend from Alberta testified that a month or so before her death, Bev confided in her that things, quote, weren't going well with Mark, but she was also pragmatic about the situation, telling her friend that it was par for the course in a marriage. When they spoke again a few weeks later, the friend said Beverly sounded better and more settled, although the two didn't discuss the marriage situation. Beverly's sister Betty testified that it was a difficult adjustment
Starting point is 00:44:24 and Beverly became very annoyed with the house, so much so that she wanted to sell it. In the weeks before Beverly's death, she was very agitated and spoke about being under a lot of stress. She said she didn't know if she could do it anymore. Betty told the court that she tried to encourage her sister, reminding her that she was a farm girl from Saskatchewan and she could do anything, but Beverly was angry about the whole situation. Betty told the jury that her sister had quite the temper, she would yell and didn't get over arguments very quickly. Beverly's sister Barb noted similar. A few months before her death, Beverly looked extremely stressed, quote, Beverly always seemed to be tired, she had arthritis, her fingers were frequently swollen,
Starting point is 00:45:15 she had scoliosis when she was a child. But while Beverly was stressed out with the situation, no one saw or heard about any serious marital disharmony or arguing. Barb even said that at the time they seemed, quote, quite delighted with each other. It seemed that the main problem was that Mark was spending too much time at work and that left Beverly feeling very isolated. The court heard that in the afternoon of October 24, 2000, Beverly Robotham went shopping with one of her sons and was there for about 45 minutes. The jury saw surveillance footage of the shopping trip showing Beverly shopping casually, looking at Halloween costumes, bagels and then up and down the meat aisle. As for their young son, in one image he was sitting in the grocery cart and then
Starting point is 00:46:11 he was seen walking alongside it. At one point he wandered over to look at a display of candy and then returned to his mother. According to the Canadian press, as Mark watched the footage in the courtroom, he was observed to remove his glasses twice and wipe his face with his hands. While Mark had said Beverly had to leave the shop early because their son was playing up, there was no evidence of this on the footage. They were there for a total of 45 minutes and while only 18 minutes of it was captured on video, there was no evidence of any problems with the son. Also, the store manager testified that Beverly's typical grocery shop averaged around $75, but she actually spent $108 on that 45-minute shop, which was more than $30 more than she
Starting point is 00:47:04 typically spent. The mother of a young girl testified that that evening they were driving around the neighborhood doing door-to-door fundraising and her daughter approached the house at 8.45pm. The mother watched as Mark was raking leaves out the front and the girl asked if he wanted to buy a box of chocolates for $3. He nodded and walked to the front of the house, where a woman, presumably Beverly, came out and gave her money for the chocolates. When the girl got back in the car, she said the couple were very nice. The times aren't exact, but that was around 15 minutes before Mark said Beverly left for the second shopping trip. So Mark's story was that Beverly made a spur-of-the-moment shopping trip
Starting point is 00:48:09 at around 9pm, despite having a fully stocked kitchen and despite the fact that she had a job interview the next morning. Mark had given two reasons for the trip to the RCMP. He said she had to get items she missed earlier when the trip was cut off early, and also she wanted to take advantage of 10% day, and he told his brother-in-law that she had to buy mini muffins for one of their kids to take to nursery school the next day. According to Mark, he fell asleep and when he woke up, Bev was missing. The crown argued that this story was entirely made up. Beverly never actually went shopping. Instead, she got into a heated argument with Mark, and while it wasn't known what exactly started it, they ended up in the backyard of the rural property. The crown
Starting point is 00:49:02 asserted that the argument escalated into violence, and Mark grabbed a hatchet and struck Beverly 16 times in the head. The jury heard about how brutal the attack was and how Beverly tried desperately to defend herself and raised her hands to ward off the hatchet, but the attack was so forceful that her index finger and part of her little finger were chopped off. The court heard about the pieces of skull, clumps of hair, and tiny blood stains. They saw large, blown-up photos of Beverly's fractured skull. The trial was the first time that Beverly's family had heard the full details of what happened to her, and these parts were exceptionally difficult for them. Her sisters would tell the press that they had no idea that the attack was that gruesome.
Starting point is 00:49:55 The crown spoke about the severity of Beverly's injuries, telling the jury they were such that, you should have no difficulty in concluding that the killer, who we say is Mark Stoby, was enraged at Beverly Robotham. But what about the noises? If Mark was not responsible for killing Beverly, if he was at home either watching TV or asleep when she was killed, how did he not hear any of it? His brother-in-law, the husband of Beverly's sister, testified that at some point after the murder, Mark told him that it was difficult to hear things outside his home, like, for example, a car pulling up in the driveway. An RCMP officer testified about their experiments with noise tests at the house, and they're finding that you were able to clearly
Starting point is 00:50:49 hear yelling from inside the house. And also, the opening and closing of the garage door was clearly heard while the officer was in the home. Two neighbours testified that they didn't hear or see anything suspicious the night of Beverly's death. But also, the family's house was on almost two acres in a rural area, so the houses weren't as close together as they would have been in a suburban area. The former owner of the house testified that the neighbourhood was quiet like a cemetery. He said that it would have been easy to hear a woman screaming or yelling from the backyard or inside the garage, even if the TV was on at the time. Now, on cross-examination, there was another aspect to this person's testimony. The former owner of their house was
Starting point is 00:51:42 a doctor who worked at an abortion clinic from 1993 to 1999 and purchased the log home a year before that, in 1998. He only owned it for two years before he sold it to Beverly and Mark. The doctor said that at his previous address, he received anonymous phone threats because of his work at the abortion clinic. This line of questioning suggested that perhaps anti-abortion protesters targeted what they thought was the doctor at his home, but because he no longer lived there, Beverly was attacked instead. But the doctor had never received any threats during the two years he spent at the log home, nor at the next place he moved to. The Crown's theory was that after the attack, Mark left his two young sons sleeping at home
Starting point is 00:52:34 and put Beverly in the back seat of the family sedan, a 10-coloured Crown Victoria. The RCMP found her severed middle finger in the car, as well as more than 170 small blood stains on the back seat and rear window of the vehicle, indicating that after Beverly was placed on the back seat, she was struck again. And as Beverly's blood continued to flow through to the car's undercarriage, Mark allegedly drove it into Selkirk and parked it near the abandoned gas station. Her body was found hours later, slumped dead in the back seat with excessive head injuries. She had bare feet and a pair of white socks and slip-on shoes were found on the floor of the back seat behind the driver's side. Beverly's sister Betty testified that it wouldn't
Starting point is 00:53:27 have been usual for her to take off her shoes and socks and put them in the back of the car. The car was left with the doors open and the keys still in the ignition. The Crown alleged that Mark had stashed a bike in the trunk of the car and then rode it about 14 kilometres back to their house to cover up what he'd done. There were several witnesses to suspicious related sightings that night. A cyclist testified that on what he believed to be the same night, he was cycling home from work and saw a similar car to the Crown Victoria parked at that station with its headlights on. He said in the driver's seat was a bigger built man who looked like he was slouched over by the steering wheel like he was looking for something or thinking of something.
Starting point is 00:54:17 The cyclist said he waited for four years before going to police with this information because he thought that what he saw that night wasn't likely relevant to Beverly's murder. But there was some uproar when the Crown asked him who he saw in the car and he pointed directly at Mark Stoby. Even the Crown was surprised she said she didn't expect him to point at Mark since his previous statements to police had always been vague and never as precise as identifying the man he saw as being Mark himself. This situation led the judge to caution the jury that the case was circumstantial and not to rely on eyewitness testimony especially in this case where a witness claimed to identify the
Starting point is 00:55:04 suspect after 12 years of vague descriptions. He wasn't even certain that it was the same night that Beverly was killed. Under cross-examination the man admitted that he wasn't wearing his glasses at the time and the figure he saw was just a silhouette that he only saw for a brief moment on a dark night. CBC reported that when it came to the Crown's claim that Mark cycled home a dozen witnesses testified about seeing a very large shadowy figure peddling a bike in the area. As you remember Mark was a large man who weighed about 280 pounds at the time. One of the witnesses said it wasn't the kind of person you would expect to see riding a bike and instead of wearing reflective gear on that dark foggy night he was wearing a three-quarter
Starting point is 00:55:57 length coat which stood out. At least two witnesses said the large person on the bike was standing up on the pedals peddling as fast as he could. One witness said it was a large person on a small bike. The problem was that none of the witnesses identified Mark Stoby himself and there were variations in place and time. Beverly was supposed to have left the house at 9pm and Mark called to report her missing at 2.30 in the morning so a window of just over five hours. But one witness cited the large man on the bike at 8.45 the same time that Mark and Beverly were paying a young girl for chocolates at their house. Another said they saw a cyclist close to midnight and another still said around 2am.
Starting point is 00:56:51 The RCMP had conducted tests of their own. One officer cycled the route from the gas station to the house and told jurors it took him about 39 minutes to finish. So obviously sightings of a large man on a bike at times ranging between 8.45 midnight and 2am can't have all been the same person. While it had the potential to be compelling evidence it was still circumstantial and where was the bike? There were two bikes taken from the house during the search and an RCMP chemist compared the bikes to the trunk of the car looking for evidence of scrapes, chipmarks and paint transfer. He testified that he found no evidence that either of the bikes had been in the trunk of the car. The Crown alleged that after Mark murdered Beverly in the backyard
Starting point is 00:57:49 he made up an elaborate story to cover it up. One of his colleagues at the Manitoba government had testified that he was a quote brilliant strategist who was very good at market research and a pretty good writer. An RCMP blood spatter expert testified that the person who killed Beverly Robotham made an obvious attempt to clean up the crime scene. He said it was possible that Beverly was attacked while she was upright and perhaps then wrapped in a tarp and carried to her car. There was no evidence of drag marks in the garage and officers had been surprised to find very little blood in the garage and backyard and while there had been that small amount of rain between Bev's murder and the property search a few days later it wasn't enough to explain the
Starting point is 00:58:42 lack of blood. As you remember Beverly's sister Betty said that when she first got to the house before Bev had been found Mark went into the backyard she said for around 30 to 40 minutes although under cross examination she agreed that she wasn't exactly sure how long he was gone but it was at least more than 10 minutes. Now Beverly's niece testified that the day after Beverly had died she was walking in the backyard and noticed something unusual a large patch of wet grass that was really green and when she was asked if the rest of the lawn was wet as well she firmly replied no. The crown told the jury that the circumstantial evidence strongly suggested that Mark hosed down the backyard in an attempt to wash away any evidence. A DNA expert testified
Starting point is 00:59:40 about Beverly's DNA being found in blood hair clumps and bone fragments and Mark's DNA was found on the bloody towel and tissues found in the garage but RCMP officers didn't find any of Beverly's blood on Mark on his clothing or in the actual house and during his initial interview the RCMP officers dealing with him noticed no injuries cuts or anything else that indicated he'd been in any kind of struggle. There was that tiny blood stain on the fridge which contained DNA from both Beverly and Mark. On cross-examination the defense suggested it could have come from a mosquito that bit both Mark and Beverly before it was swatted against the fridge. The DNA expert said theoretically it was a possibility. The thing that stood out was the
Starting point is 01:00:36 DNA on Beverly's purse that was found in her car. It was found to have had DNA from an unknown male on the straps and zippers of the purse and at the time of the trial that male was still unknown. The defense suggested that someone may have tried to rob Beverly and asked the DNA expert whether it could have come from someone grabbing at her purse. The expert said it was a possibility she couldn't say no to. The court also heard that there was a single right hand yellow rubber glove found in a ditch off the highway in a location between the Safeway and the family home. A location that CTV Winnipeg said was also close to one of the sightings of a large man on a bike and the glove had blood on it that was found to be a match to Beverly's DNA and in the attic area
Starting point is 01:01:32 of the garage three yellow rubber gloves were found one pair and a left hand glove. The three gloves were the same design as the one found near the highway but an expert wasn't able to say whether the gloves came from the exact same package. The court also heard from the people who found Beverly's gold watch and wallet on the shore of the Red River as well as the person who heard the splash. According to court documents there was one OPP expert who was brought in to review all the evidence and was going to provide an opinion that the scene was the most staged crime he had ever seen. He also believed that Beverly had not been robbed. After all her car hadn't been stolen there were still $10 in her wallet and her credit cards were found in her purse and hadn't
Starting point is 01:02:26 been used and although her wedding rings were missing the OPP expert said that in his experience during most robberies personal jewelry wasn't taken unless it was known to be of significant value but the judge found his opinions too subjective and excluded this evidence from the trial. The murder weapon believed to be a hatchet was never recovered but there was some testimony around that too. As you'll remember a friend of Mark's visited the couple a few months before Beverly's murder and he observed they were getting on just fine. He testified to this at trial adding that he also helped Mark cut down a tree that was blocking the garage. To do this they used a rented chainsaw and a hatchet that was in the backyard. Afterwards he testified that he saw
Starting point is 01:03:22 Mark put the hatchet by a tree stump in the backyard close to the spot where police believe Beverly had been killed. Her sister Betty testified that she too saw an axe or hatchet in the backyard a few weeks before Beverly's death and then there was a third witness who said he saw a hatchet in the garage. So several people had seen a hatchet at the house before Beverly's murder but the RCMP never found a hatchet on the property. Also of interest was Bev's other sister Barb who testified about the first time she spoke with Mark after the murder. Barb was in the US at a conference at the time and called Mark from there. She described the conversation as very emotional and she recalled telling Mark that it would make
Starting point is 01:04:16 more sense for her to be murdered in a large city in the US than to be killed getting groceries in small town Manitoba. She described how Mark reacted to this by laughing and saying yes that's pretty strange. So that was the crown's case. The defences case was this. Mark Stoby did not kill his wife. He had no reason to kill his wife. The marriage wasn't falling apart. After Beverly's murder Mark was surveilled and even had his phones wire tapped but the police never found anything suspicious and over a thousand calls they listened to. Mark's defense lawyer Tim Colleen said that while there was plenty suspicious about Mark's story quote a suspicious case is not enough to say Mr Stoby killed his wife. Mark Stoby took to the stand in his own defense. After all he had
Starting point is 01:05:18 enjoyed a high profile career as an experienced communications professional with two provincial governments. The defense got right down to it asking if Mark killed Beverly. He replied no I did not. Did he move her body? No. He said he didn't dump her body in the car at the gas station and he also didn't clean the crime scene in his backyard. He went over their family life, their move from Saskatchewan to Manitoba and their struggles. He said that July of 2000 wasn't the best month of their marriage but it was a month that came and went and by September October quote she was back to the fundamentally cheerful happy woman I'd known and loved for eight years. His claim was uncontested. While both Mark and several witnesses testified that
Starting point is 01:06:12 there was a strain in the first few months of moving to Manitoba he claimed things came good in the two months or so before she died and the crown hadn't presented any evidence that there was any serious disharmony in their marriage in the weeks before her death. Not one person testified that they'd even had an argument. That didn't mean it didn't happen just that Mark's version was the only version on the table. On cross-examination the crown also asked Mark about some marriage counseling they had early on. He said that they had their occasional arguments but their biggest one was before they were even married so yes they did decide to get some counseling but he told the court that this didn't signal they had issues it signified that they wanted to work things out.
Starting point is 01:07:06 He then went through his version of the evening Beverly was murdered this time giving more details than he'd provided in his original statement to police. He said they had dinner together and discussed Beverly's approach to her job interview the next morning. They had to settle a dispute with their boys about which one was going to be bathed first and then they each read a story and put them to bed and then Beverly left to go grocery shopping. He said he fell asleep watching TV and when he woke up Beverly had not returned. The Winnipeg Free Press reported that his voice cracked with emotion as he said she left and I never saw her again. He said he assumed she had come home and just left him sleeping. He paced for a while pretty sure there was something wrong but trying to convince
Starting point is 01:07:58 himself there wasn't before arriving at the conclusion that she must have had an accident and that's when he called the RCMP. On cross-examination the Crown Prosecutor pointed out that this version of the story he told on the stand was more fleshed out than the version he gave to police straight after Beverly's death and there were also details that were different. For example on the stand he said he'd fallen asleep watching baseball on TV but in his original police statement he said he'd been watching TV and had heard one of his sons making restless noises so he went and laid down with him and fell asleep there. Another example the Crown pointed out was that he told police that he'd spent most of the weekend before Beverly's murder doing general household chores
Starting point is 01:08:52 but at trial his account was much more detailed and included the fact that he put away a garden hose for winter. The Crown suggested that he added those details later to make it less likely that he hosed down the yard. In response Mark told the Crown that he hadn't been asked for more detail at the time and also he'd been in a state of shock. He said quote I was doing the best I could then and I'm doing the best I can now. He said that after getting the news of Beverly's death he just wanted to quote crawl in a hole and die but he knew his boys needed him. He was then asked to describe how he felt when the RCMP told him Beverly was killed in their backyard as he slept and he broke down describing it as confirmation of his worst fears. Quote it meant I was 50 to 60
Starting point is 01:09:47 feet away when she was killed. What it means is I should have been able to stop it. I was completely useless in helping her. He then became so overwhelmed with emotion that court had to take a 15 minute break. When they returned he apologized. The court heard that soon after Beverly's death Mark installed floodlights in the backyard and bought a large guard dog as he believed someone must have been stalking the family. He said he had to do something to protect him and the boys from whatever was out there but the Crown pointed out that his efforts fell short. He didn't change the locks and he didn't cancel the credit cards. She suggested it was because he knew his wife hadn't actually been robbed. The Crown grilled him on his whole story. Mark maintained
Starting point is 01:10:41 that while his wife was being brutally murdered in the backyard he was asleep and he didn't hear the attack or any crime scene cleanup. The Crown put it to him that he would have been able to hear Beverly yelling. In response Mark said he didn't know if she did yell or if she was prevented from yelling. All he knew was that he didn't hear anything. So what about the bike? Mark was asked about the reports of a large man cycling on the night believed to be the same night Beverly was murdered. He said that at the time he weighed about 280 pounds or 130 kilograms. The Crown suggested that this meant Beverly would be no match for him in a physical struggle. He replied quote we never had a physical struggle. He called himself lazy and a slug and said that physical exertion is
Starting point is 01:11:36 something he preferred to avoid. He said that he'd been on a bike only a handful of times and the farthest he'd ever ridden while living in Manitoba was to the mailbox. So Beverly's wallet, gold watch and $7000 diamond engagement ring were missing. Mark told the police that she would have been wearing the ring when she was murdered. Her wallet and gold watch had been found but the ring was never recovered. Mark testified about the value of the ring and while he did try to make a claim with Manitoba Public Insurance for the Crown Victoria their family sedan that Beverly was found in he never actually put a claim in for the ring. The Crown said that it was because quote it wasn't stolen
Starting point is 01:12:25 you took it off her hand before you brutally killed her. Mark denied it and said he wasn't concerned about its value only his wife's loss. She accused him of ransacking Beverly's purse to make it look like she was attacked in the middle of a robbery. Mark Stobes cross-examination by independent Crown prosecutor Wendy Dawson went for six days and was described as intense. During questioning she attempted to get Mark to admit that Beverly was under extreme stress before her death and accused him of lying to the jury about the state of his marriage but Mark said it was just that he was working too much and she wanted him home more. He admitted that Beverly felt isolated and a bit trapped in their new house
Starting point is 01:13:17 and that she would often yell and could be blunt and difficult. Again he brought up her monthly period. He said she was just upset that he worked such long hours and didn't do more around the house but she also understood the demands of his career. He testified that she often left a list of chores that she instructed him to do. The Crown suggested he was upset at being bossed around by his wife but he disagreed. According to the Canadian press at one point during questioning about his wife being stressed Mark chuckled. When he was asked why he was laughing he said quote it's your determination to put a spin on what I think has been put clearly by myself. The Crown also accused him of writing their family car's new
Starting point is 01:14:08 Manitoba number plate down on a business card that was found and suggested the reason he did it was so he would remember the number plate when he reported his wife missing. He denied it saying he had no idea who wrote that on the back of his business card. He was asked about whether he'd chopped wood in the backyard with a hatchet. He confirmed that he did and then joked that he was often scared he was going to not be careful enough and lose a finger. The Crown showed Mark that towel with the small blood stains that matched his DNA that police took from his garage. He said that he used it to wipe up a shaving cut. The Crown suggested that the cut wasn't from shaving it was from injuries he sustained while chopping at his wife's head with a hatchet. Mark
Starting point is 01:14:58 was quick with his reply quote I sustained no injury chopping at my wife's head with a hatchet for the very simple reason that I never chopped at my wife's head with a hatchet. The Crown pointed out that Mark had testified about what Beverly was wearing that day in great detail and suggested there was only one reason for that level of detail quote you remember what she was wearing that night because you murdered her and moved her body to the car. All media outlets covering the case reported on how the court was extremely tense because of this long and intense cross-examination. At one point Mark described himself as feeling like quote Goldilocks's porridge. The Crown accused him of making up his entire story. Beverly had a job interview the next
Starting point is 01:15:51 morning she usually went to bed at 10 p.m. and she spent more money on a weekly shop than she usually did so why did she need to go out again? Mark admitted they had plenty of groceries in the home but stated quote I've concocted no story. On the fifth day of cross-examination the judge warned her that her questioning was dangerously close to being abusive. It was getting to be too much and although the judge could see that she was hoping Mark would break down and confess after five days it was highly unlikely things wrapped up on day six. In closing arguments defense lawyer Tim Colleen reiterated the evidence was all circumstantial and ended their case with his own theory which was someone else maybe an intruder or a drugged up stranger
Starting point is 01:16:44 came across Beverly in the backyard then covered her mouth to stop her screaming and bludgeoned her 16 times with the hatchet then moved her into the garage put her in the car and hit her again made an attempt to clean up the garage and then drove the car to the gas station. The defense told the jury that the unknown male DNA found on her purse that didn't match Mark or their sons was likely from the real killer and because of this the jury should return a verdict of not guilty quote at the end of the day I don't know who did this I don't know what happened or whose DNA was on that purse nobody does the world unfortunately is full of bizarre people we really have no idea what occurred here.
Starting point is 01:17:36 In the crown's closing arguments prosecutor Wendy Dawson called it a near perfect murder where Mark was able to use his intelligence strategic know-how communications experience and ability to stay calm under pressure to cover up the killing while no murder weapon was ever found there were no eyewitnesses to the killing and it was an overwhelmingly circumstantial case the crown said it was still anchored by forensic evidence as for motive she said there was none but there were numerous stress factors which likely triggered the deadly attack quote in October 2000 all was not rosy she was not the happy cheerful person Mr Stoby claimed her to be so he allegedly attacked Beverly with a hatchet and a fit of rage and while she tried to fight him
Starting point is 01:18:28 off three of her fingers were severed the crown said that as for the unknown DNA on the purse it was just trace DNA and could have come from casual contact from anyone she betrayed Mark as being dishonest highly strategic and trying to manipulate it every turn quote when you consider all the circumstantial evidence being weaved together one with the other layer upon layer you may find that guilt is the only logical conclusion the trial lasted for eight weeks and heard from about 80 witnesses the jury found him not guilty 54 year old Mark Stoby was a free man the judge took the time to tell him that his sons resembled him and he should make them his priority
Starting point is 01:19:25 to quote honor her memory for them outside court Mark said he was relieved by the verdict but he was also expecting the jury to find him not guilty once they heard the full story he said he felt like he had a fair trial and acknowledged that there were likely some people who still feel he got away with murder quote I wouldn't wish this on anybody there will always be some who are unconvinced the decision speaks for itself when asked about who he thought the real killer was he said he'd like to know but the judge said it's not his job to investigate so he has no plans to search himself when asked about what he has planned next he said quote get on with my life raising my children you know one lives he said he was very proud of his sons and knows
Starting point is 01:20:19 that their mother would be too but there is another side to this Beverly's family represented by her older sisters Betty Robotham and Barb Kilpatrick at first just said they were shocked and saddened by the verdict because they'd waited 12 years for justice several days later they held a press conference to discuss it and Betty nodded towards a display of photos of Beverly she was described as fun witty and worldly her sisters said it was clear who they thought the real killer was they expected Mark Stoby to be found guilty by the jury so the verdict caught the family off guard Barb said they were shocked that a jury of intelligent people came to that conclusion quote I mean look
Starting point is 01:21:14 at the evidence did somebody travel from space land in the backyard and do this the sisters called Mark's acquittal a travesty and said domestic violence must be stopped Betty added quote here's our little sister a beautiful strong woman with so much to offer and so much to give and not only is she chopped up and murdered but she's callously thrown in the back seat of a car like a broken old doll Betty said she began to suspect Mark when no progress was being made to catch her sister's killer quote I started thinking this is a man who makes things happen in his profession and in his life and nothing was happening in terms of finding the killer of moving the case forward the sisters said the circumstances namely the fact that Beverly was killed in her own backyard
Starting point is 01:22:07 as well as the killer's efforts to clean up and transport the body to another location all pointed to Mark Stoby as for Mark's repeated denials while on the stand Barb dismissed it as trickery and said his words and actions were not that of a grieving husband he was also described as too talkative and laughing at times that said the sisters praised the work of the RCMP and the crown prosecutors who were able to bring the matter to trial after so many years as for further action the sisters said they would like to see an appeal but would leave that decision to the crown when asked if they felt a sense of closure now Betty said she doesn't think closure is ever possible quote Bev is always going to be dead she is not coming back
Starting point is 01:23:01 what we do hope is that there's going to be some accountability she said that they don't have direct contact with Mark himself anymore but moving forward their biggest priority was to keep Beverly's memory alive and make sure her two boys remembered her quote we want them to know that she liked to dance that she loved cats and that she was a good auntie after the trial the Winnipeg free press revealed that the trial itself had issues before it even began and this is why there was such a long time eight years between the murder and Mark Stoby's arrest before the trial people believed there must have been some new smoking gun evidence that had been uncovered that allowed the charges to be laid but there was no additional evidence and
Starting point is 01:23:53 this isn't what happened at all as you remember because of potential conflicts of interest with Mark having worked for the government Manitoba justice decided to hire out-of-province prosecutors to lay charges but behind the scenes several prosecutors from Alberta decided they didn't believe the evidence was strong enough to even charge Mark Stoby in the first place so the case was taken to a fifth crown prosecutor from British Columbia who reviewed the exact same evidence and recommended a charge of second-degree murder so there was no new evidence and even the lawyer who ended up prosecuting the case was upfront about the fact that the case against Mark was entirely circumstantial albeit backed by forensic evidence the crown announced that after
Starting point is 01:24:46 careful consideration they decided there were no grounds for appeal of the not guilty verdict this decision devastated Beverly's family her sister Barb told the press that the appeal was their last hope quote there's no justice for Bev but at the same time they understood and they thanked the crown prosecutors the community and their family and friends for their support Mark Stoby went on to write a book about his two-month stint in jail before he was released on bail the book was released in March of 2013 by this time he was living in Saskatchewan with his two teenage sons and he said he'd never returned to his job with the arts organization and had been unemployed since his acquittal he described himself as essentially unemployable
Starting point is 01:25:40 and broke from the legal bills he said he sold the family home and drained his government pension plan to pay for his defense he said he briefly considered seeking compensation but was advised that it only applied to people wrongfully convicted as for the boys he said they've coped well and should be allowed to just go and live their life in 2018 he would tell the Winnipeg free press that he believed the high-profile nature of the case was the reason he was arrested because there was pressure on the justice system he also said that he'd moved on from the trial and wasn't interested in discussing memories of his wife quote I'm actually not going to do that I've learned whenever I do that the haters come out of the woodwork according to the Winnipeg free press
Starting point is 01:26:33 as of 2018 Mark Stoby had remarried he also returned to university to complete a PhD and teaches sociology in that same article 18 years after Beverly's murder her sisters Betty and Barb gave their own update they spoke about the bond that they shared as three sisters a bond that started when Bev was the baby of the family and continued into adulthood Barb described her sister as quote just a good kind caring person they said that every fall or autumn is different because the season brings about the anniversary of Beverly's death something they described as a quote crime of real violence it was a crime of rage they described Beverly as a very intelligent woman someone who was so passionate about what she believed in and one of the things she was
Starting point is 01:27:34 passionate about was the issue of violence against women quote when the eco polytechnic massacre happened that really affected her and she really became a champion for women because she found violence against women appalling she would have been appalled that she was a victim of violence because that is something that's so horrified her thanks for listening as well as court documents this episode has relied on the reporting of the Winnipeg free press ctv manitoba cbc manitoba and global news for full credits and resources see the page for this episode at canadiantruecrime.ca slash episodes we donate regularly to Canadian organizations helping those who have experienced injustice and this month we're donating in
Starting point is 01:28:33 Beverly Robotham's name to a cause that she likely would have supported too the alpha house project provides safe long-term housing and programming to women and children who have experienced domestic or family violence in Winnipeg this is an important service and causes like these need our donations more than ever right now to learn about this one visit alphahouseproject.ca there's a link in the show notes and if you're a supporter on patreon or supercast check your feeds in the next few days because i'll be chatting about today's episode with Bonnie from writing about crime who lives in Winnipeg and followed the case as it unraveled supporters get all episodes early and add free to canadiantruecrime.ca slash support today's podcast recommendation is island crime gone boys
Starting point is 01:29:27 the second season of this popular podcast focusing on crimes on vancouver island here's a promo i'm laura palmer the host of island crime season two gone boys this season i'm delving into a mystery that so far has received very little attention where are the missing men what about the men what is going on in the valley you know of course you're walking everywhere you're you're vulnerable you went missing on the highway it's the last time i've seen him there's always those people that play the predators of the world they're everywhere for the families they leave behind there are only questions so it's difficult because sometimes when i talk about brandon i say he was and sometimes when i talk about him i say he is and
Starting point is 01:30:21 sometimes i don't know what to say subscribe now to island crime season two gone boys canadian true crime is a completely independent production funded through advertising and the generosity of supporters thank you to everyone who listens who rates and reviews the podcast and who supports us we can't thank you enough for more information visit canadiantruecrime.ca and while you're there you can submit case suggestions follow the show and me on twitter facebook and instagram and learn more about how to get early ad-free episodes and bonus content via the exclusive feed for supporters thanks to the host of true for voicing the disclaimer and also to we talk of dreams who compose the theme song i'll be back soon with another canadian
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