Phillip Tallio with his supporters Marie Spetch and Robyn Batryn. (File photo)

Phillip Tallio with his supporters Marie Spetch and Robyn Batryn. (File photo)

Appeals trial begins for Bella Coola man convicted of killing toddler in 1983

Phillip Tallio was 17 at the time of the 22-month-old toddler’s death

Phillip Tallio is in court this week fighting to prove his innocence more than 30 years after he was convicted of murdering a toddler in Bella Coola.

Tallio, who was 17 at the time of the death, was first convicted of murder in 1983 in the sexual assault and killing of 22-month-old Delavina Mack.

While Tallio claimed his innocence in the killing, his lawyer at the time – named Phil Rankin – entered a guilty plea nine days into his trial 37 years ago.

Tallio has resolutely proclaimed his innocence ever since. As a result, he has been ineligible for parole and has spent the last 34 years behind bars.

His appeal case went to trial at the B.C. Court of Appeal in Vancouver on Tuesday (Oct. 13), with Tallio testifying, and final arguments expected to begin the week of Nov. 23.

On Thursday morning, Tallio was questioned by Crown about whether or not he had understood what was going on in 1983, with mixed answers. Rankin is scheduled to testify at Tallio’s appeal trial later on Thursday.

If he is found innocent, Tallio will be the longest-serving wrongfully convicted person in Canadian history.

READ MORE: B.C. judge grants bail to Bella Coola man convicted of killing toddler in 1983

READ MORE: Phillip Tallio released on bail under strict conditions

In 2018, Tallio won the right to appeal, making history as the longest appeal extension to ever be granted by the courts. Justice Bennett, who granted the extension of time to file an appeal, stated, “In my view the interest of justice demand that Mr. Tallio be permitted to bring his application for further DNA testing and to go forward with this appeal generally.”

Tallio was released from prison in January under strict bail conditions and was placed in housing with 24-hour surveillance.

Tallio’s appeal was eight years in the making as part of UBC’s Innocence Project. In the documents unsealed by the B.C. Court of Appeal, his legal team claims “there is fresh evidence” from a DNA test result that they argue excludes Tallio as the killer, and provides information “leading to other possible perpetrators.”

DNA testing was not available at the time of Tallio’s conviction in 1983.

READ MORE: Judge rules appeal for 1983 Tallio murder case will go ahead


Like us on Facebook and follow us on Twitter.

Want to support local journalism during the pandemic? Make a donation here.

murder trial

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

NAV CANDA is considering closing its station at the West Kootenay Regional Airport. Photo: Betsy Kline
Nav Canada considering closing station at West Kootenay Regional Airport

The organization is conducting a service review at Castlegar’s airport

There have been no confirmed COVID cases among SD51 students since the school year got underway Sept. 10, according to School District 51. Photo: Laurie Tritschler
Student absences spiked four times in Boundary schools in October

There have been no cases of COVID-19 in district schools, says Superintendent Ken Minette

Fire Chiefs Heriot and Osellame were recognized by the Fire Chiefs Association of B.C. Monday, Oct. 19. File photo
Boundary Fire Chiefs given top honour for fire service

Fire Chiefs Heriot and Osellame were recognized by the Fire Chiefs Association of B.C. Monday, Oct. 19

Roly Russell, the predicted MLA for the Boundary Similkameen, and his wife Christine Carlson celebrate on election night. (Contributed)
B.C. Votes 2020: Russell leads as election heads to mail-in counting

Russell is likely to replace incumbent BC Liberal Linda Larson

NDP headquarters on election night, Oct. 24, 2020. (Katya Slepian/Black Press Media)
ELECTION 2020: Live blog from B.C. party headquarters

BC NDP projected to win majority government – but celebrations will look different this election

A woman wears a face mask and plastic gloves while browsing books as a sticker on the floor indicates a one-way direction of travel between shelves of books at the Vancouver Public Library’s central branch, after it and four other branches reopened with limited services, in Vancouver, on Tuesday, July 14, 2020. (THE CANADIAN PRESS/Darryl Dyck)
B.C. reports 234 new COVID cases, 1 death of senior who had attended small birthday party

Roughly 5,700 people are isolating due to being exposed to a confirmed case

Vancouver Island-based Wilson’s Transportation has expanded to fill some of the routes left unserviced by Greyhound as of Nov. 1, 2018. (Black Press files)
B.C. bus companies say they need help to survive COVID-19

Like airlines, motor coaches have lost most of their revenue

A deer was spotted in October 2020 in Prince Rupert, B.C., with a bright pink yoga ball stuck in its antlers. (Kayla Vickers/Chronicles Of Hammy The Deer Official Page)
Hammy 2.0? Prince Rupert deer spotted with bright pink yoga ball stuck in antlers

The BC Conservation Officer Service is aware of the deer roaming around the city

Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

RCMP. (Phil McLachlan - Black Press Media)
Kelowna Mountie hit with 2nd lawsuit in 2 months for alleged assault

Const. Julius Prommer is accused of breaking a woman’s knee during while responding to a noise complaint

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Hirdeypal Batth, 24, has been charged with sexual assault and forcible confinement in relation to an incident in August 2020. (VPD handout)
Man, 24, charged with sex assault after allegedly posing as Uber driver in Vancouver

Investigators believe there could be more victims outside of the Vancouver area

Kicking Horse Mountain Resort will be looking to crack the Top 10 Ski Resorts list by USA Today for the second straight year. (Claire Palmer photo)
Kicking Horse nominated as one of North America’s favourite ski resorts

The resort finished in tenth in the same poll last year

B.C. Premier John Horgan and Washington Gov. Jay Inslee arrive for annual Cascadia conference in Vancouver, Oct. 10, 2018. They have agreed to coordinate the permanent switch to daylight saving time. (B.C. government)
B.C. still awaiting U.S. approval to eliminate daylight saving time

Clocks going back one hour Nov. 1 in Washington too

Most Read