Review of Sobotiak murder conviction revealed undisclosed police evidence, court filing says

The case of Roy Sobotiak, who was convicted of second-degree murder in the death of Susan Kaminsky in 1987, has taken a new turn as his murder conviction has been thrown out due to undisclosed evidence from the police investigation. This comes nearly 36 years after Sobotiak was arrested and imprisoned for the crime.

Kaminsky, a 34-year-old mother, disappeared in February 1987 and her body was never found. Sobotiak, who was the last known person to see her alive, was convicted based on his confessions to an undercover police officer during a “Mr. Big” operation in the late 1980s. However, new evidence has come to light that raises questions about the fairness of his trial.

Sobotiak’s lawyers have outlined issues around undisclosed evidence, the Mr. Big operation, and additional forensic evidence linked to the case that was discovered after his conviction. They argue that the Mr. Big operation, which involved undercover police officers luring Sobotiak into a fictitious criminal organization, was abusive and induced him to confess through implicit threats of violence.

The undercover operation lasted nearly 11 months and involved the officer befriending Sobotiak, taking him to staged drug deals, and pressuring him to confess to Kaminsky’s death. Sobotiak eventually confessed to accidentally killing Kaminsky, but his lawyers argue that the confession was coerced and unreliable.

Furthermore, there is evidence of other possible suspects in Kaminsky’s disappearance that was not disclosed during the trial. Statements from Sobotiak’s mother, sister, and a neighbor suggest that Kaminsky was alive when she left Sobotiak’s mother’s house, contradicting his confession. Additionally, DNA analysis done in 2023 does not support Sobotiak’s claims about dismembering Kaminsky’s body.

The federal justice minister ordered a new trial for Sobotiak earlier this year, leading to his release on bail. His lawyers believe there is a reasonable likelihood that the murder charge will be stayed due to non-disclosure and the conduct of the Mr. Big operation. The Alberta Crown Prosecution Service has yet to decide whether Sobotiak will stand trial again.

In conclusion, the case of Roy Sobotiak highlights the importance of transparency and fairness in the criminal justice system. The new evidence that has come to light raises serious doubts about Sobotiak’s conviction and underscores the need for a thorough review of the case to ensure justice is served.