SUDBURY—A lawsuit has been filed against the Ontario Provincial Police (OPP) and OPP Commissioner Thomas Carrique, Wikwemikong Tribal Police Force, the Wikwemikong Police Services Board, and others for $8 million for damages when charges against Melissa Sheridan of Sudbury were laid at that time for the murder of her ex-husband Brant Burke.
As has been reported previously the body of Brant Burke was found on October 25, 2020 on a hunting trail in Wiikwemkoong Unceded Territory, Point Grondine area near Killarney. He had been reported as missing since October 19 of that same year.
An investigation was carried out by the OPP and Wiikwemkoong police that led to Kerry Burke (Brant Burkes’ brother) as the prime suspect in the case. He has this year been convicted of murder.
After investigation and court appearances and evidence, it was found that Kerry Burke had shot his brother twice in the back and left him in the bush. He was arrested November 24, 2020 and was interrogated by police for about four hours, ending at 1:30 am. on November 25.
Lawyers for Ms. Sheridan explain in the lawsuit that they are accusing police of coercing Kerry Burke into implicating Ms. Sheridan as the prime instigator of the murder.
The lawsuit indicates police pressured Kerry Burke to name Ms. Sheridan as an accomplice. “The defendants intentionally pressured and coerced Kerry to falsely implicate (Melissa Sheridan) in Brant’s murder,” the lawsuit says. It continued, “the defendants knew, or ought to have known, that Kerry was exhausted, inebriated, and that he lacked capacity to provide reliable statements. The defendants took advantage of Kerry’s weakened condition and overbore his will.”
The lawsuit indicates that police used an interrogation technique that moves suspects to implicate others as the main culprit and minimize their own role in the crime.
The lawsuit points out Kerry Burke asked the police for permission to speak to a lawyer over 30 times, but police ignored the requests and kept pressuring Kerry Burke to implicate Ms. Sheridan.
The lawsuit also explains that when Kerry Burke did implicate Melissa Sheridan, the police ought to have known the information he was providing had been fabricated. The police are also accused in the lawsuit of encouraging Kerry Burke to make up more details of Melissa Sheridan’s involvement and even help him cover up inconsistencies in his story.
The lawsuit states, “in short, throughout the four-hour interrogation, these defendants collectively, actively encouraged Kerry (Burke) to implicate Melissa (Sheridan) to help himself. They also helped him fix inconsistencies and fill in gaps in the narrative to make it appear more convincing. Any experienced detective would have known, and these defendants knew or reasonably should have known, that Kerry was not telling the truth.”
As was reported previously, Melissa Sheridan was arrested on November 25, 2020, and held in jail for six weeks. However, in July of this year the Crown suddenly dropped the charges, citing Kerry Burke’s evidence as unreliable.
The effect of this traumatized Melissa Sheridan, her children, and the rest of her family for two years, the lawsuit says. “As a result, Melissa became an outcast in the community in which she had previously enjoyed a sterling reputation,” and she suffered permanent injuries, losses and damages including depression, anxiety, physical and emotional trauma, loss of reputation, loss of income, the lawsuit says.
The lawsuit indicates the police actions were not just incompetent, but flagrantly violated standards of conduct.
“The plaintiffs state that the conduct of the defendants was unconscionable, wanton, shocking to the conscience, in flagrant breach of their obligations to act in the public interest and in reckless disregard of the rights of Ms. Sheridan,” the lawsuit states.
Justin Linden, lawyer for Ms. Sheridan told MCTV News Sudbury on November 24 that Ms. Sheridan, “had been taken (from her two children) for a long time,” and that it had been a nightmare for the children.
In open court at Kerry Burke’s prosecution the prosecutor said there were critical failures in the investigation,” said Mr. Linden. “There is no happy ending,” he added.
A spokesperson for the OPP told The Expositor, “this is a civil litigation now, and will go through our corporate lawyers. Because this is a civil litigation and not criminal, it will be handled by our lawyers through civil court.”
