Uncover - S23 E17: The final act | "The Pit"

Episode Date: December 18, 2023

Questions arise around what’s next for Greg. Others look for ways to prevent deaths like Sheree’s from happening again. Friends keep Sheree’s memory alive

In 2017, it felt like drugs were everywhere in the news, so I started a podcast called On Drugs. We covered a lot of ground over two seasons, but there are still so many more stories to tell. I'm Jeff Turner, and I'm back with Season 3 of On Drugs. And this time, it's going to get personal. I don't know who Sober Jeff is. I don't even know if I like that guy.

On Drugs is available now wherever you get your podcasts. This is a CBC Podcast. Outside the courthouse in Saskatoon, Sherry Furtuck's sisters are relieved, but they're not surprised that the judge found Greg Furtuck guilty of murder. There were signs throughout their marriage that there was a side of Greg that was evil. Yeah, and that evil just, that got worse and worse over the years. Mom had said to him, I think at one of the times when he, I believe he said he should just kill the bitch, something to that effect. And mom said, Greg, what would that do?

She said that would leave you in jail and that would leave the kids with no mother. And that's exactly what has happened. So it was his choice and now he's suffering the consequences of it. Greg's consequences involve a life behind bars. The mandatory sentence for first-degree murder is life in prison. Although Greg's journey in court might not be over just yet. But for now, the judge's ruling has provided some closure to Sherry's loved ones, even though her remains have never been found.

Greg believed the crown couldn't prove its case without her body, but the judge is clear on how that is possible. He's also clear on what the evidence that led to this conclusion. This case yet more convinces me that the evidence on Mr. Bigcase should never be allowed in our court system. I think it's detrimental. It's clear that Sherry did know that she was at risk, but she probably also thought that she could handle it, that she could handle him. Sherry was a fighter, Sherry wasn't a coward, and Sherry wasn't going to run from anything. Sherry was a fighter, Sherry wasn't a coward, and Sherry wasn't going to run from anything.

I'm Kendall Latimer, and this is episode 17 of The Pit. When someone is convicted of murder, their lawyer usually talks about what's next. But Greg chose to represent himself. So after the decision, he was taken back to cells, and no one spoke on his behalf. Morris Bodner used to talk about Greg's defense. He represented Greg alongside Mike Nolan, but the legal team withdrew from the trial. The lawyers said Greg damaged their relationship beyond repair and destroyed their trust. Morris retired after that. Even though he didn't work the full case, he's still interested in the outcome.

So we gave him a call. I thought it would go the other way, mostly because I still believe that Greg Furtuck is not guilty. But I'm not the one that makes that decision. guilty, but I'm not the one that makes that decision. And I'm not the one that ran the rest of the case and didn't get all the evidence in. And I could see that there were many things that co-counsel and I had decided that we would do, and it wasn't done for the balance of the trial. And I could see that he was missing the point when he was representing himself and didn't do the appropriate things. This is one of the most fascinating cases I've been on,

and fascinating in the sense of all the issues that were involved in it from Mr. Big. And that may become an issue in the future for him, but someone else will have to handle it. Justice Richard Daniluk found Greg guilty. If Greg is not happy with the decision, he can appeal to a higher court. But there's a time limit. The appeal notice must be filed within 30 days of the sentencing hearing. The Provincial Court of Appeal doesn't run trials or consider new evidence. It won't change a decision just because someone thinks it's unfair. It's up to the person

appealing to prove the decision was wrong. They have to show the judge didn't understand the facts or that they didn't apply the law properly and they have to show that the errors affected the outcome. The appeal court can choose not to hear it. If the court allows it, the judges can change the conviction or overturn it, ordering a new trial. I would think that there are countless grounds of appeal. And again, it comes down to even matters like the Mr. Big scenario. Was it properly done in light of Greg's injuries? Were the results of it admissible in light of the serious injuries he suffered? Morris is pointing to the voir dire

ruling, how the judge decided to allow the Mr. Big evidence into the trial. It's a lengthy decision, but in a nutshell, the judge says Greg was a fair target. His confessions were voluntary, not given because of bribes, threats, or intimidation, and that the police followed the guidelines. The judge also analyzed Greg's head injury, the one Greg suffered partway through the sting. He says Greg was given time to heal, partway through the sting. He says Greg was given time to heal and that Greg re-engaged with the sting willingly. In fact, Greg became a better target for the operation

because he had sobered up. Still, Morris has his doubts. This case yet more convinces me that the evidence on Mr. Big Case should never be allowed in our court system. I think it's detrimental. I think it's sending innocent people to jail. And it isn't allowed in certain places, but it is in Canada.

So I'm not sure there's the appropriate thing. That's what Greg's former lawyer thinks. Other lawyers have also been watching this case. what Greg's former lawyer thinks. Other lawyers have also been watching this case. My name is David Butt and I am a Toronto-based criminal lawyer and former prosecutor in Ontario. He says the judge's ruling was incredibly thorough and for good reason. He had an unrepresented accused person incumbent on the judge to be and to appear to be scrupulously fair and to give very careful consideration to every aspect of the case because a self-represented accused may or may not be able to advance arguments about weaknesses in some aspects of the case. So it's really incumbent on the judge to

go over everything very, very carefully so that the absence of a defense lawyer doesn't end up being a cause for criticism that the judge somehow took a shortcut. David agrees there's an opportunity for Greg to appeal because of the voir dire ruling. But unlike Morris, he doesn't think it will be easy. Justice Daniluk was so careful in his explanations. So while it could be grounds for appeal, David thinks it would be an uphill battle. So it was a very careful weaving together of all of the evidence that led to this conclusion.

And it's the strength of that weaving together that makes for the cogency of this conviction. For many, the judge's logic was clear. But Morris Bodner still has questions. Not just about the evidence, but what the Crown didn't have. Sherry's body. I'll be thinking about this case forever until they find her. I'm not convinced that she's dead but I'm also not convinced that she's alive.

The judge says there is no evidence that Sherry is alive. He also shuts down Greg's suggestion that the missing body was proof no crime was committed. As Greg closed his case he told the prosecutor, show me the body. The judge says Greg tried to lay that down as if it were the ace of Trump in a game of Kaiser, but it was not. The absence of a body makes a case difficult, but not impossible. This ruling is not unprecedented. Other Canadian cases have been prosecuted without a victim's body, we don't have evidence of death directly from the body, and we don't have evidence of a killing directly from the body. So in a very, very comprehensive way, the judge here approached those two questions from other evidence. They had a whole bunch of

reasons to believe that she was dead and a whole bunch of reasons to believe that Mr. Furtuck was responsible for her death. And he was satisfied that the victim was indeed dead because she had disappeared instantaneously. There's no suggestion that suicide was a risk. And then he also looked at other evidence, including a confession, but he looked at other evidence that strongly suggested to his satisfaction that she was killed. The shell casings at the scene where she was last seen, the presence that later surfaced, a rifle that matched those shell casings, blood, her blood in the back of Mr. Furtuck's truck, which it would have no other reason to be there. A financial motive to kill her by Mr. Furtuck, an animus based on past domestic violence, an animus based on marital difficulties.

In his ruling, Justice Daniluk addresses the legal issues, but also the bigger picture. He says Greg got rid of Sherry's body so well that she's never been found. This denied her loved ones a proper goodbye. Greg once said he loved Sherry. They built a life together, having three children. But as the judge points out, when that fell apart, Greg tried to solve their problems through the most extreme form of violence. And then he threw her away like a piece of trash. Justice Daniluk describes this as the highest form of spousal abuse.

It was Greg's final act of cruelty towards Sherry, but it was far from the first. Sherry's mom, Julianne, knew about some of the abuse. I mean, Sherry was a big girl. She could fend for herself. But, you know, there were different instances when she ran out of the house because, you know, he was either abusive with her

verbally and or physically. You know, she often says, if anything happens to me, like she told the kids, if anything happens to me, you look after my dog. You know, Mom, you know, if anything happens to me, you look after my dog, you know, mom, you know, if anything happens to me, do this or do that. So she kind of always had it in the back of her mind. I think that she was very uneasy about Greg's disposition. Sherry's friend, Heather Mitchell, also heard about the violence, but she never thought it would end in murder.

I honestly did not ever think that it would come to that. I thought it was just him, you know, wielding his hammer and trying to get his way. Like, even when Sherry would say to me, you know, Heather, if anything happens to me, you're going to know who did it. And, you know, that's when I suggested that, you know, maybe she get out of there or get him out of there. And I remember getting a phone call from him one night telling me to quit telling Sherry to leave him or kick him out and, you know, I better smarten up.

And I told her that. But I don't know. I guess I just always want to believe that people are inherently good and, you know, that he was just mad because she was sticking up for herself and she wasn't, you know, being a doormat and letting him walk all over her. Thinking back on it now, I realized that I was wrong. But at the time, I just felt like once they get the divorce through, they make their agreements and it's all signed, sealed and delivered. They'll go their separate ways. their agreements and it's all signed, sealed and delivered. They'll go their separate ways.

And maybe part of me just really didn't want to believe it, kind of put my head in the sand. And I did all I could. I suggested that she, you know, get away, get away from the situation and, you know, let things diffuse for a while. But sometimes I wonder, did I not say enough to her? But at the end of the day, it had to be her decision what she did anyway. Even initially when I heard that she was missing, even people would say to me, well, maybe she just disappeared. Maybe she just wants to get away. And I said, mm-mm, not a chance, not a chance. There is no way she's leaving those kids. You are completely wrong because there is no way she's walking away from

her family and her business and her life. Like Sherry was a fighter. Sherry wasn't a coward and Sherry wasn't going to run from anything. Sherry didn't run from Greg. She died trying to stand up to him. It's clear that Sherry did know that she was at risk because of all the people she told, if anything happens to me, look to Greg. But she probably also thought that she could handle it, that she could handle him. Joanne Dusselt knows a lot about men like Greg. She's a leading expert on abuse and relationships here in Saskatchewan. The really tragic thing is deaths like this are preventable. Joanne was a shelter worker for 20 years.

Now she leads a province-wide effort to help victims of intimate partner violence. If Sherry had come to me and told me her story, I would have been extremely concerned for her. I would have suggested that she probably relocate for her own safety if there was not some sort of criminal or legal remedy to keep him as far away from her as possible. Joanne is familiar with Sherry's story. She says that in hindsight, it's easy to see how Greg's behavior could escalate to homicide, even after Sherry and Greg separated. I think the thing that really stands out for me is the sheer number of warning signs

and the number of people that were aware that threats of death had been made. The number of people who were aware of threats who said they were afraid to say anything or to confront Greg in this case because of fear for their own safety. The risk factors were known to police, the legal system more broadly. And often when a situation like this where there's an ongoing pattern of abuse

is going to trigger a shift into more serious violence, femicide, there is a catalyst. And in this case, it appears to me that the catalyst was that financial situation that was happening right at the time that Sherry disappeared. In 2017, it felt like drugs were everywhere in the news. So I started a podcast called On Drugs. We covered a lot of ground over two seasons, but there are still so many more stories to tell. I'm Jeff Turner, and I'm back with season three of On Drugs. And this time, it's going to get personal.

I don't know who Sober Jeff is. I don't even know if I like that guy. On Drugs is available now wherever you get your podcasts. Sherry and Greg's divorce never went through because they couldn't agree on how to split up their property. While the dispute simmered, Greg struggled financially. His accounts were in overdraft. He needed cash to pay off his debt, but he also needed Sherry's permission to access his retirement funds. She said no. He owed her money, and she wanted to work out their issues first. Right before the murder, Greg was working out at the pit.

Instead of getting away from him, Sherry kept Greg close. Business was booming and she needed extra hands. Greg knew the area, the job, and the equipment. But then she caught him trying to inflate his hours. She confronted him and tried to stop his paycheck. And then he killed her. Joanne says what Sherry did, fighting for what she deserved, was risky, given Greg's tendencies. She wonders if Sherry would have understood the danger if Greg's abuse had been taken more seriously in the courts. I think judges and Crown prosecutors, everyone throughout the system needs to have a better understanding of the dynamics of intimate partner violence.

Before the murder, Greg was put on trial twice for hurting Sherry. He threatened to kill her, and he physically assaulted her. In both cases, Greg also faced gun charges. But he didn't spend any time behind bars. One judge wrote that compared to the abuse she routinely heard about in court, Furtuck's violence was at the low end. That was about three and a half years before Greg killed Sherry. Unfortunately, in our current legal system, it's set up based on individual incidents. And very seldom do all the pieces come together in terms of determinations that are being made for the safety of victims. Had her family and even Sherry herself known the actual risk that she was at? Had risk assessment been done through the legal system?

If people were really looking at that risk and doing things like making sure that there were no breaches, making sure he did not have access to weapons, making sure that she had a safety plan and knew. Did she know that the issue of the finances could very well be a trigger that could make things escalate into femicide? She probably wasn't aware of that. Joanne says it's easy to see the warning signs in hindsight, but in the moment it can be difficult, not just for the victim, but for their loved ones too, because they don't know the scope of the issue. They only have one piece of the puzzle.

Unfortunately, it's very common for multiple people to know what's going on, but it's also common for there to be knowledge within different systems. And yet the people who have that information don't come together in a way that allows them to have the full picture. One of the things that happens in other jurisdictions that we don't do here is to have information sharing agreements among different government systems and also allow advocates to be part of that. I can point at Alberta and BC that both have teams that deal with high-risk situations where all of the information is on the table

and then risk management takes place. That is very much a missing piece in the way we address intimate partner violence in Saskatchewan. If the players were to come together to look at these risks and our legal system was actually responding in a way that was putting the safety of women first, I think there could have been a different outcome in this case and in others like it. Sherry's story is unique but in Saskatchewan the way her life ended wasn't this is a place where many men who don't get what they want

choose to hurt or kill their partners it's no secret that Saskatchewan has the highest rate of police-reported intimate partner violence among the provinces in Canada. Saskatchewan also has the highest per capita rate of intimate partner homicides. We're a small population, but per capita, we're losing more people. Joanne says there are many factors. The geography, the boom and bust economy, the guns, but it's also the culture. Around here, disrespect and violence against women are normalized.

The misogyny runs deep. And Greg Furtuck was no exception. In court, Greg's attitudes toward women were presented as evidence. No one objected. In his ruling, the judge talks about the undercover operation, how Greg referred to himself as the dark cowboy. The judge calls the name both laughable and telling because Greg did have a dark side. The judge lays it out. He says Greg was a misogynist, regarding women as only good for one thing. He clearly saw them as inferior and believed women should obey men. His comments to the undercover cops were, quote, He harbored violent thoughts. The judge says these attitudes don't necessarily make someone a murderer, but in Greg's case, dark thoughts became dark deeds. There's nothing I could say to someone who's already committed intimate partner femicide. I think where we need to focus is on young people.

We need to make sure that young people don't grow up with attitudes that diminish women. I think we need to support boys and young men in being emotionally healthy. Sherry was a mother. She was a daughter. She was a sister. Her disappearance, that's not one number. When you look at the stats, that looks like one number.

But there's a greater number, a rippling effect of people who've been impacted by the loss of Sherry. Sherry's been gone for eight and a half years. She was 51 years old when she died. She's missed so many little moments and milestones too. Graduations, holidays, anniversaries, births. That's been on Heather Mitchell's mind as she thinks about Sherry. I'm sitting here thinking, oh man, I can't wait to be a grandma

and experience all the things that come with that. And for her, she was a grandma and she it was just tragically torn from her. And but I remember in our phone conversations and our visits, I mean, a lot of it was, you know, our visits. I mean, a lot of it was, you know, just her sharing how much the little guy meant to her. And, you know, what is even more sad is the fact that that little guy, you know, already had a relationship with grandma, and then all of a sudden, she's ripped away from his life. So, you know, I guess you pray that, you know, he was young enough that there won't be lasting scars because of it. I still am trying to keep her alive in my memories and all the fun that we used to have together. And just as best I can.

Like, I don't like to think about her as a murder victim. That hurts when I think like that. We now know, in the eyes of the court, what happened to Sherry Furtuck. Greg is guilty as charged. The police are no longer actively looking for Sherry, but they say her file will stay open until she is found. This is something her family and friends will always hope for. The Pit is a CBC Investigated podcast. This episode was put together by me,

Kendall Latimer, and our senior producer, Corrine Larson. Editorial guidance came from Paul Dornstouter. Our senior managing director is David Hutton. This podcast project unexpectedly lasted for years. It would not have been possible without the ongoing support of colleagues at the CBC. A special thanks to the original hosts of The Pit, Alicia Bridges and Victoria Dinh. Most importantly, thanks to everyone who spoke with us through the years. Especially Sherry's family and friends who opened their doors and their hearts to us. Thank you for your trust. And thank you for listening. As always, you can get in touch with us at thepit to cbc.ca slash podcasts.