The Shrug
If he was guilty, why was he acquitted? Why was the second-degree murder conviction overturned?
These are the questions we have been asked for years.
Was it the DNA?
Was it the boxcar case?
For a long time, I believed it was the DNA. But recently, I read an article suggesting that it was the boxcar case—that had ultimately derailed the trial and set the prisoner free.
I will never forget - what I came to call - the "boxcar moment."
It was during the second trail when the boxcar victim stepped into the witness stand.. We had seen her in the witness stand before but this time she was different.
She was visibly shaken. She was incoherent. She could barely answer the questions - unable to even remember her boyfriend’s name. , . She was unraveling in front of our very eyes. When it became unbearable; the judge called for a recess.
As people filtered out of the courtroom, I lingered behind chatting with my friends almost the last to leave, when suddenly, I felt a tug on my arm. When I turned around . It was her – the boxcar victim.
“We've met but you don’t remember me, do you?” she asked.
I shook my head. “No – I don’t.”
“We met at the Valley Gardens church. I knew Candace.," her eyes softened as she mentioned Canace's name. "You're Candace's mother...."
In that instant, everything came back! I recognized her immediately.
When she saw my eyes widen in recognition, she threw herself into my arms. I simply held her as she sobbed
Even when she calmed slightly, she could not explain what she had done, what she was doing, or what she might yet do. There was no time, no space, for conversation.
When the defense lawyer approached. She went to him immediately—like a whipped puppy, at least that is how it looked to me. I felt sick.
I fled the courtroom and then the courthouse altogether. Now that I knew who she was I could not bear to watch her take the witness stand again and allow herself to be compromised again.
As I drove away, I was remembering…
After Cliff and I moved to Winnipeg, we attended River East MB Church when the congregation announced a new church plant—Valley Gardens—and encouraged members to explore it, We were intrigued. Candace was less enthusiastic; she had already made friends at River East.
We visited the new church. It showed promise. But there was a girl—about a year younger than Candace—who became intensely attached to her. The fixation felt unsettling. When we asked about this girl’s background, we learned she came from a deeply broken family and was understandably needy.
Candace was unusually uncomfortable with this girl's attention. Candace remained attentive and loving but admitted to us she was having trouble managing the relationship with her usual grace. That alone spoke volumes. Ultimately, one of the reasons we decided not to join the church plant was Candace’s unease. We decided to go back to River East church,
Our lives were full of changes back then. I went back to school and Candace was becoming a young woman. Then the worst thing happened, Candace was murdered.
I think it was a year after her murder that, the newspaper reported that a teenage girl living in our area of Winnipeg had been found tied up in an abandoned boxcar on the railway tracks near our place. Everyone immediately linked it to Candace’s murder. The similarities were chilling: illegal confinement, rope, threats, proximity. We felt a flicker of hope—perhaps here was a witness - a clue to solving the unsolvable crime.
But when we asked police about it, they shrugged.
“She lied,” they said. “She says she staged it herself.”
It made no sense. Why would a young teen stage her own abduction, and judging by their baffled expressions? It didn’t make sense to the police either so we dismissed it from our minds,
Twenty years later, it was brought up during the preliminary hearing, and the judge insisted on hearing the back story of the boxcar abduction. Visibly uncomfortable, the boxcar victim now a young woman, testified that she had staged the incident explaining how a stranger passing by had heard her cries, saw the rope, and called police. The box car witness expressed remorse—awkwardly, defensively. We all shrugged again, baffled—but we believed her. She was believable. The judge ruled the evidence inadmissible.
Then came the first trial, where the focus shifted to DNA—this new science reshaping criminal justice.
We learned about mitochondrial DNA—the “maternal line”—shared among siblings and others, less precise than paternal DNA but still powerful for exclusion. Our family and close contacts, including the student who had been the last to see her, were tested and eliminated. The accused was not. Combined with other circumstantial evidence, it convinced the jury. He was found guilty of second-degree murder.
There was also paternal DNA evidence, more definitive—but it was challenged on due process grounds. I saw the holes. But by then, I did not need that evidence to know he was guilty.
Then came the appeal.
In a three-day hearing, the defense blindsided the process by reintroducing the boxcar case—just enough to raise doubt. The three judges shrugged, much like the rest of us had years earlier – except now there was an added question in the shrug. Was she protecting someone – perhaps the serial killer? The three judges ruled that the first trial judge had erred by excluding evidence that could point to another suspect. That appeal decision was upheld by the Supreme Court of Canada - from there it went into a retrial.
During the retrial, everything was different. The innocence, the curiosity, the sense of discovery were gone. The defense was prepared.
The boxcar witness was caught in a tornado—lies, unmet needs, and the crushing weight of the courtroom. The legal system is intimidating at the best of times; this was devastating. She was unravelling before our very eyes.
That’s when she found me – declared who she was – and threw herself into my arms.
When I held her that day, I instinctively knew the answer to the question of why she had staged the abduction – why the lies.,,,,.
She had been a child with no supports who found in Candace – and even if it was for a very short time, she had found someone who truly saw her and connected with her. That bond did not die. It intensified when Candace was murdered and the city became consumed by grief and attention—by the Candace fever.
Now we know that Children process trauma through dramatic play. They act out fear, longing, and hope, attempting to regain control, to make sense of chaos. I felt for the little girl who had staged the copy cat abduction - and I felt for this young woman .....
My shrug disappeared. I understood.
During the rest of the trial, I saw how the unknown woman - the witness who never took the stand but who became real in her reports to the police that she had found this young girl, heard her cries, saw the rope, and called police.
I realized again that The defense attorney's role is not necessarily to prove innocence, but to plant seeds of doubt in the mind of the judge which he did expertly.
It was no longer about justice and truth that can heal us all, it was about winning the case.
Grant was acquitted.
It wasn't that I wanted the accused to go to prison -- i just wanted truth - the real story to come out....for him as well as us.
I think the truth - in love - can heal us all.
We must accept finite disappointment, but never lose infinite hope. -Martin Luther King, Jr.
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