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

A strange odour at a West Kelowna apartment building prompted the evacuation of 150 residents on Sunday morning, April 18. (Aaron Hemens - Capital News)
‘Do not occupy’ order lifted, residents of West Kelowna apartment allowed to return home

The building was evacuated early Sunday morning due to a strange smell

People are shown at a COVID-19 vaccination site in Montreal, Sunday, April 18, 2021, as the COVID-19 pandemic continues in Canada and around the world. THE CANADIAN PRESS/Graham Hughes
211 new COVID-19 cases in Interior Health over the weekend

Currently, there are 875 active cases of the virus in the region

Vernon Search and Rescue’s helicopter team was asked to be on standby to rescue a missing hiker in Naramata. (Air Rescue One/VSAR photo)
Lost hiker rescued in Okanagan Mountain Park

COSAR, PENSAR, and VSAR worked together to rescue a hiker in Okanagan Mountain Park

A nurse prepares a dose of the COVID-19 vaccine in Kelowna on Tuesday, March 16. As of April 19, more than 230,000 doses have been administered across the Interior Health region. (Phil McLachlan/Black Press)
More than 230K doses of COVID-19 vaccine administered across Interior Health

A total of 220,216 first doses and 13,775 second doses have been given to residents across the B.C. Interior

Size two avalanche on a cliff at Big White (Photo: Facebook/Big White Ski Resort)
‘Dangerous’ avalanche hits Big White Mountain

Big White Ski Resort is urging caution after a ‘size two’ avalanche on Sunday

Volunteers at the West Kelowna Salvation Army were celebrated with a special treat on Monday. (Twila Amato - Black Press Media)
Central Okanagan community organizations celebrate volunteers

It’s Volunteer Appreciation Week and non-profits are highlighting the people who put in the work

Families of two of three workers killed in a train derailment near Field, B.C., in 2019 have filed lawsuits accusing Canadian Pacific of gross negligence. The derailment sent 99 grain cars and two locomotives off the tracks. THE CANADIAN PRESS/Jeff McIntosh
Families of workers killed in Field train derailment allege negligence in lawsuit

Lawsuits allege the workers weren’t provided a safe work environment

Pharmacist Barbara Violo arranges all the empty vials of the Oxford-AstraZeneca COVID-19 vaccines that she has provided to customers at the Junction Chemist which is a independent pharmacy during the COVID-19 pandemic in Toronto, on Monday, April 19, 2021. THE CANADIAN PRESS/Nathan Denette
Increased COVID-19 activity brings vaccine clinic to Enderby

Registration opens Tuesday, April 20 for May clinic for anyone over the age of 18

Join Black Press Media and Do Some Good
Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

(New Westminster Police)
4 youth arrested after 30-person brawl in New Westminster leaves 1 seriously injured

Police are looking for witnesses who saw the incident take place

South Surrey’s Paul Cottrell, who works with the DFO, tows a grey whale out of Semiahmoo Bay Sunday. (Contributed photo)
Dead whale floating near White Rock towed to shore for necropsy

Animal has been dead since at least April 15

courts
Penticton man guilty of assaulting young boys

Bryan Lamb was found guilty of two counts of assault

Abandoned Rail Brewing Company, located at 1220 Davenport Ave. on the KVR trail, has applied to the City of Penticton for a manufacturing facility and lounge endorsement. The city will review the application in their April 20, 2021 council meeting. (City of Penticton photo)
A new brewery could be coming to the KVR trail in the South Okanagan

The patio would seat up to 113 just 10 feet from the trail

Sunday’s storm rocked one of the ferries crossing Kootenay Lake. Photo: Dirk Jonker
VIDEO: Storm makes for wild ferry ride across Kootenay Lake

The video was captured by ferry employee Dirk Jonker

Most Read