All language subtitles for Cynara.2023.1080p.WEBRip.x264-CBFM

(phone ringing tone)

(panting)

(sobbing)

(operator): Toronto ambulance,
where do you need us?

(panting, sobbing)

Okay, what address
do you need us to come to?

(panting, sobbing)

Is it 150 burrows hall?

(woman): Yes, yes.

(operator): Is that
a townhouse complex?

(panting)

What big streets are by there?

(panting, sobbing)

Okay, try and tell me what
big streets are by burrows hall.

Said something about her baby.

(operator 2): Sounds like
we lost her.

(sirens wailing)

(paramedic): Driving in,
wind blowing snow, it was cold.

Seemed overcast coming in,
but when we got the call,

The skies had cleared up.

It was still cold, still windy,

But it wasn't snowing.

It came in as a medical call,
trouble breathing.

So for us, it just
seemed like a routine call.

Here we go, done this before.

(sirens wailing)

Me, gino and gary get out

And an ambulance came up
and drove around, facing us.

Come around the vehicle
and the medic.

I only remember
one being there,

Standing by
his ambulance with no gear.

And he's not going anywhere.

And the questions arise,
you know, what's going on?

Let's, you know, let's go.
Then he says,

"well, I'm not going anywhere,

Because got it as
a break-and-enter domestic."

We said, "what, how come
we didn't get any

Information like that?"

Just come over as
a troubled breathing call.

So we take it as yeah, you know,
you got what information,

We got whatever information,
we're moving forward.

We walked to the door,
front door,

Proceeded into the hallway.

I see a female individual

Lying in the living
room face down.

As I walk towards,
she looks up and speaks to me.

She said,
"please, don't hurt me."

And then she put her head back
down and closed her eyes again.

And it was at that moment
that I noticed a young female

Individual on the couch.

She looks about eight years old,
maybe ten.

She looks still, at peace,
like she's napping.

But her right arm and right hand

Has contorted in a very
disturbing and unnatural way.

I check for her pulse
and there's no pulse.

(tense music)

(operator): Take deep breaths,
tell me slowly what happened.

Help is almost there.
(woman sobbing)

You said somebody broke in?

(cindy): I don't know who.

(sobbing)

He did have a gun

And he pulled a sword
off the wall.

That's when I grabbed
the knives and I throw them.

(reporter 1): Glass in
the entranceway,

A table overturned.
Police would later find

Drawers that had been opened

But apparently not
rummaged through.

Ali told investigators
that two masked men

Wearing black coats,
black suits and black

Leather shoes forced their way
into her townhouse,

Demanding a mysterious package.

(paramedic): We saw their
footprints,

So there's no one
come in here.

Please get up.
Hey! You, get up!

Get off the floor.

(reporter 1): As emergency crews
worked on her daughter

On the floor, cindy ali
sat on the couch.

She had a blank stare, paramedic
sohail bastani testified,

And was not answering questions.

(reporter 2): Two days later,
the child who suffered

From cerebral palsy died.

(reporter 3): An autopsy found
cynara's official cause of death

Was a brain injury
from lack of oxygen,

Caused by cardiac arrest.

(man): All the neighbours
are in total disbelief

That it actually happened.

(reporter 1): Others are taking
the allegations very seriously.

(woman): I'm actually afraid
that they may come back.

Maybe get another house,
I don't know,

But it's really frightening.

(reporter 2): And of the letter,
purportedly written

By the bad guys, saying
they'd been sent there

By the boss and had gotten
the wrong house

Before signing off
with a smiley face.

Asked by her defence lawyer
if she wrote the letter,

Ali said no.

(frank skubic): The death
of cynara ali was a planned

And deliberate act.

And we're alleging that act

Was perpetrated by cindy ali.

- Why would I want to hurt
my own child?

(reporter 1): And yet,
when the home invaders left,

It was cynara
who was left to die

And her mother left to live.

Indeed it was a story
so fantastical

That it was for 12 jurors,
unbelievable.

10 hours of deliberations
were all they needed.

- The jury found her guilty
of first degree murder.

- What's your reaction
to this, sir?

- Were you able to communicate
with cindy at all?

(reporter 1): Off camera,
cindy ali husband told me

He's standing by his wife.

Saying quote, "that's what
a husband is supposed to do."

(indistinct conversation)

(woman): And father,
we thank you.

We know as you are here with us.

And father,
bring cindy before you.

Father, we pray for that special
touch for her.

You alone know, lord,
how she feels, lord,

What she's going through, lord.

Father help us to know god
that she's not lost,

She's not forgotten
and she's not forsaken.

(sheela): It was a long
grieving process.

Many stages of shock
and disbelief and then anger.

It shook our faith too,
I should say,

If I can be real about it.

We know the family so well.
As a church family,

They were a vital part,

They are a vital part
of our church family,

So for us it's not
comprehensible.

We've searched our hearts,
and bottom line,

We know that truth
always prevails.

(singing)
♪ when her heart

♪ is overwhelmed

♪ lead her to the rock

♪ that is higher than she is

♪ that is higher than we are ♪

Because she will feel
overwhelmed, yeah?

She'll feel everybody
has forgotten her.

(jim rankin): I think
it's pretty rare in a case

Where someone's been convicted
of first degree murder

To have a group of 50, 60, 70,

80, 100 people
that get together regularly

To discuss the plight
that cindy finds herself in.

- Emotionally, physically,
spiritually,

And we ask father,
that you will keep her.

You will sustain her,
o god, until she comes back

And be with us, o god.

- I covered a little bit
of robert latimer.

That was a clear case
of a father

Believing he was putting
his daughter out of misery.

And it was a mercy killing case,

And he went away to jail
for a long time.

Canadians will remember
that case.

It's like, oh okay,
disabled daughter,

Mom charged with killing.

Kind of makes sense.

I think that's where a lot
of people enter into this story

And then they might
just get stuck there.

As a journalist, I'm looking
for all the shades of grey

That are in the story.

There's the intriguing,
mysterious story

Of the home invasion.
And the story that cindy told,

And then that story becomes
a problem for her at the trial.

The letter that arrived
addressed to the family.

Very unusual.

In cindy's case,
eight of the 12 jurors

Were white and neither
of the remaining four

Looked like cindy.

How did she come across
to a jury

That didn't look like her?

If you're just skimming
headlines,

There's a lot you can miss.

And then follow the journey
to where we're at now,

It's not over.

There's going to be an appeal.

The stakes of this appeal
are whether or not

She will have
her conviction quashed.

If they fail on all the grounds
that they're arguing,

Then the conviction stands.

This is a really
important juncture.

(james lockyer): You're always
concerned about

Losing an appeal.

There's no sure winners.

You quickly learn that,

And I've been doing this
for more than 40 years now.

I think it's unlikely
that the appeal

Will result in a full-blown
acquittal for her.

Much more like they'd order
a new trial,

Whether on a charge
of first degree

Or a lesser charge,
perhaps of second degree.

If we are to win the appeal,
but that's a big assumption

In the first place.

- So when did you first
meet cindy?

(james): In montreal,
about four or five months

After she was convicted.

- Okay and she was sent there
because, she had troubles...

- She had tried to commit
suicide a couple of times.

- Exactly. What do you
think of cindy?

- I mean, I think I probably...

In fact, I was unfair to her
when I met her in montreal,

Because I had discounted
in my own mind

The home invasion theory.

And I gave her
a rough time about it.

- People have this notion
of like, okay, really?

Two intruders came into
your house, wrong address,

Dressed in black,
their skin is black.

You dive in deeper,

There was an eye witness
who saw two men

Who looked quite a bit
like those two men

Right near the home,
right at the right time.

(phone ringing tone)

Back then, in 2011,

You were living at
150 burrows, right?

(indistinct chattering)

The opposite side. So you could
see their front door

From your front door?

Right, you're looking
right at it.

Do you remember what
you were doing that day?

Okay, so you're going
to the bank,

Coming out of the underground.

Does the door open?
The big door to let you out?

Automatically, yeah.

After you go over
a little thing on the ground.

(chris hicks): Ms. Chariyaudom,

As you were driving out
of the garage,

Did you see anybody?

- There's a line
on the floor that indicates

Where the sensor operates
to open the door,

And as I was crossing
that to go out,

I noticed two people
standing at the door.

- And so you saw one person
only, right?

Or was there two?
There was two.

Okay, you only saw
one of them well.

(james): Two men,
both strangers,

She hasn't seen them
before in the complex.

Similar descriptions in height,

Similar descriptions
in clothing colour.

If you look to the left there,

You can see a door.

That in fact is the door

Leading out of the basement
of the appellant's apartment.

Which is the door
that the appellant said

The home invaders fled through.

She was with her three children,

Heading out from
the underground parking lot

To go to the bank.

(nina): When the police first
asked me at what time I left,

I had told them it was about
11 o'clock.

I couldn't remember
the time exactly.

And then I remembered
that I had this receipt

Which was able to indicate more
precisely when I left there.

Because on the receipt
at 11:25.

(james): The bank receipt
was marked as 11:25 am,

She reckoned it would be about
five minutes from the car park

To the bank, so that would
place her leaving the car park

At around 11:20 in the morning.

911 call was at 11:37,

Precisely around the time

That the appellant claimed
the home invasion began.

(operator): You said
somebody broke in?

(cindy): I don't know who.
(sobbing)

(james): And let's bear in mind

That the appellant,

When she told the police
about the home invasion,

Would have had no idea
about mrs. Chariyaudom.

About what she was ultimately
to tell the police.

(lawyer): And obviously
you were telling the truth
to the police, correct?

(nina): Yes, I said what I saw.

- Why was it important
that you testified?

I mean, you saw some people
around the same time

That cindy said intruders
came into her house.

No, you told the truth,
but you don't think

Anyone believed you?

- They did their best
to downplay her evidence,

If not treat it
as a red herring.

"in the face of
all the evidence

Demonstrating
the home invasion story

To be just that, a story.

And the suggestion is that
somehow these two men

Are the home invaders. Why?

Because they have
very dark skin.

This evidence,
ladies and gentlemen

Is of no moment whatsoever

And not worthy
of your consideration."

(jim): Bottom line is,
you just went in

And told exactly what you saw.

And... Your english is good.

What do you think
of the outcome?

She's in jail for life

With no chance of parole
for 25 years.

(indistinct chattering)

Yeah.

Okay nina, take care.

She said something to the effect
of what happened in there

Is between cindy and god.

I've heard you've become
like a mother figure in here.

- That's right.
- What's that like?

What's that relationship like?

- I have a good relationship

With the people
that I live with.

They don't judge me.

- Yeah.

- They're like, "you're getting
out soon, don't worry,

You're going to go home."

I wish I had that
confidence in you guys.

- You've touched on it,
the thing that keeps you going

Is the hope. I know that
there's times when you...

- I lost hope.

What was my reason to pray?

What was my reason
to go to church?

Why am I doing it?

I've been good all my life,
I've been doing it and now...

Alan is pretty good at this.

He never gave up.

No matter how much I gave up,
he never did.

(choir singing)
♪ he is holy

♪ he is holy ♪

(alan): We could've been split
in a million different ways

After that verdict.

But we stuck together
as a family

And we fought together
as a family.

We'll be successful.

I don't know what form
or what that will look like,

But we will be successful.

Krissy has embarked
on a new chapter in her life.

She moved out of the city
of toronto.

I spoke to her this morning
and she's pretty upbeat.

She's enjoying the holidays
that's coming up.

Amanda's just recovering
from a minor surgery,

Also trying to make
things work well.

And then jadie, that's the one
I'm always worried about a bit.

Because I think she takes this
time of the year,

A very difficult time
of the year for her.

She misses her mother,
like all of us.

So...

She's my work in progress.

(dog whimpers)

(jade): I feel like a blob.

Like, if I'm not working
and I'm not out there,

I kind of just feel like...

I just kind of feel stuck.

Amanda's birthday
was in November.

She wanted to get them done,

But it was costing like
500 dollars

And I was like, let's see
if we can make them.

It took me two hours a flower.

It's not that hard,
it's just time consuming

'cause you have to like...

Cut every petal out,

Then you have to fold
it, glue it.

Yeah, that spray paint
almost killed me.

Yeah. Only the special ones.

Do I remember? Yes, I do.

I do remember my 16th,
we were in niagara falls

For my 16th birthday.

I actually, so...

That trip, I actually
won that trip.

It was just so random,
because...

So, me krissy and devina,
we went to the movies

In scarborough town centre
and there was this lady

Doing surveys and you know
when people stop you for surveys

And try to get your attention
with this big,

"you can win this and this"?
And so we're like,

Let's just do it.

(alan): Nice suite in the hotel.

Dinner paid for.

It was too perfect.

I just didn't let on
to my family and stuff,

I just left them be.
Let them enjoy the moment.

It's my kid's 16th birthday,
so let's just enjoy the moment.

But in the back of my mind

I always knew something was up.

They had the time of their life,
they enjoyed everything,

And then I got a call 3 o'clock
in the morning

From my alarm company.

And my alarm company said to me
that the alarm was triggered

In the house
or there was a trouble alert.

And I said no, it shouldn't be
because nobody's supposed

To be there.
Maybe check and see something.

So I called back,

And the guy said,
"well, we're seeing something,

But I don't think
it's anything anymore.

If you need any more information

Just talk to my supervisor." I
said okay, don't worry about it,

I don't need to talk
to your supervisor.

If you guys are on top of it,

Then I am fine with that.

Right there and then,

I knew exactly
what was happening.

(jim): Did you think
that they were listening

To your phone call?
(cindy): Oh yeah, definitely.

- Yeah?
- Yeah. Definitely.

And it was hard,

It was like you're living
with people watching you 24/7,

Listening to your conversation.

And I felt violated,
I felt it wasn't right.

I would get really emotional
about it because it's not fair.

It's not fair to my family.
It's not fair to me.

Sorry.
- No, that's okay.

Again, I'm so sorry
to have to ask you

To go through everything again.

- I will do whatever it takes
to get out of this place.

I don't care how much time
I have to tell my story.

- She's up for appeal
in the new year

And I'm just going back,

Trying to get in touch
with some key people

Who were part of the trial.

So the first one is bujokas.

- There's a couple of them.
- And the first name semahj.

S-e-m-a-h-j.

When it comes to
the first responders,

The first firefighter
is a pivotal

Character in the story.

He comes in
and from the beginning,

He doesn't believe that there
has been a home invasion.

(lawyer): I'm going to ask you
to the best of your ability

If you can identify
the voices we hear.

(man): Okay.

(doorbell ringing)

(operator): You need to let
them in, okay?

(man): Hello, hello?!

Hello!

(indistinct chatter
on recording)

(cindy): Please don't hurt!
Please, please don't hurt me!

(panting)

Where's my baby?
Where's the baby?

- At this moment
I can't recall whether I said,

"don't worry I'm not going
to hurt you."

I would think that I would
have said something like that.

That's in my nature.
In my job.

Like to say to look,
I'm there to help.

(operator): Hang up your phone,
okay? Hang up.

(bujokas): There's background
voices and stuff like that.

Who are those people?

Like I'm hearing other noises
that I don't recognize.

(lawyer): I think that might be
the dispatch.

- Oh okay! So that's the--

That's the ems dispatch
recording, okay.

So we're hearing background
noise of other people

That aren't actually there.

- Could be.
- Which is very confusing.

(indistinct chatter
on recording)

I notice a young female
individual on a couch.

As I turn my head,
there she is.

But what caught my attention
was, how the hand

Was turned over on itself
and just deformed.

It was very disturbing
and unnatural.

That sends up a big alert
in my head,

Something's not right here.

So I leave the female and
I go over to the child.

Her eyes are closed.

I check for a pulse.
There's no pulse.

(distant shouting)

Okay pause.

I'm actually trying to back up.

And the female on the floor
is preventing me

From backing up away from
the couch

To place the child down.

Lady, get up! Hey, you, get up!

Get off the floor.

There are no footprints
to the front.

Don't bullshit me.

The unknown male,
"there's no footprints",

That's myself.

The unknown male, "get off
the floor," that's myself.

(lawyer): There are
no footprints at the front,
don't bullshit me?

(bujokas): Yep. That's myself.

- Take it when you said,
"don't bullshit me,"

That was you getting upset?
- Don't bullshit me,

Yeah, is me upset because
I know that she can move.

I know that she's alert
and awake.

I kick her foot jump to make
her know that

This is what I want to move.
If-- I mean if--

To me it's an obvious thing.

If I kick your foot,
that's what you're going
to move out of the way.

And she doesn't move it at all.

And I'm very frustrated.

Here I have a child
with vital signs absent

That I need to revive.

And this individual is
preventing me from doing so.

And I'm not happy about it
at all.

- Sir I'm just going to clarify
a few things,

You're not a medical doctor?

- Uh, I'm trained in medical
procedures. Yes, I am.

- Okay, but you're not
a medical doctor.

- No, I'm not a doctor.
- Okay and the...

You checking her for injuries
was basically a pat down?

- Uh yep. And well more
than a pat down.

I check for breathing,
circulation, uh,

For other injuries. Yes.

- Okay and she was wearing
some clothing?

- She was.
- So you wouldn't have been
able to see

If she was bruised beneath
the clothing?

- Uh... Nope. But that's not
a major medical issue.

- You would not have known if
she had any internal injuries?

- Uh yes, she would have...

She would have projected
internal injuries

Upon my assessment.

Yes, I would have known that.

- So the lot of feedback
that you described sir

Is that she said, "ouch"
and flinched

When you pinched her nerve

And then otherwise did not
respond to your assessment.

- She uh, if--
if she has a broken leg,

And I grab onto her leg
as I'm palpating down her leg

And it's broken? I'm going
to get extreme feedback.

Me getting feedback of her
not moving, her not flinching,

Her not verbalizing that there's
pain there tells me a lot!

There's an immense amount
of feedback

Of her not doing something!

Maybe it's hard for you
to understand,

But I'm getting a lot of
feedback from what I'm doing

And assessing
which is telling me

What's going on with
this individual.

Without her having to speak.

(filmmaker): What do you think
he assumed when he walked

Into your home?

- He assumed that cindy

Had something to do
with cynara's death.

(amanda): Why did a firefighter
determine at the point

What happened?

My mom called you for help.

Is it not their thing
to serve and protect?

But then you go listen
to that call,

And there was no protection
there at all.

(alan): He seems to have
a degree in criminology,

Besides being a firefighter.

Because he walked into my house
and he kicked my wife.

(man): Hey! You, get up!

Get off the floor.

There are no footprints
to the front, don't bullshit me.

(alan): He immediately came
to a conclusion

That led this entire
investigation into a tunnel.

(jim): Bujokas indicated
that there was snow

And why are there no footprints?

What actually are the facts
of the weather that day?

This is the view from
a cctv camera across the road

From the complex.

What it shows
is what kind of weather

They were having that day.

This at the moment
is about 10 minutes after 11 am.

The 911 call is placed at 11:37.

There's little flecks
of something in the air.

But by no means is it snowing.

This looks like old snow,

Um, that's turned into
a bit of ice.

An ice patch, down here too,
there's nothing fresh there.

There's a clear view
of their front door.

It certainly doesn't show
two to ten centimetres of snow.

So what's the truth there?

(lawyer): Sir, is this
the residence,

Number 118 that
you were describing?

- Uh, well I guess so.
150-118 yep!

- Okay, that's the residence
you were describing?

- Yep.

- Okay and sir, agree with me

That there's little
to no snow in that photograph.

- In this photograph?
There's little to no snow.

- Okay, and I would suggest
to you sir

That that is in fact the way
the snow was when you arrived.

- Absolutely incorrect.

- So you're suggesting

There was much more snow
when you arrived?

- Absolutely correct.
- And so it's your suggestion

That it had melted by the time
these photographs were taken?

- I guess so. Or blown away.

The snow was completely
covering that area.

(james): I'm now going to show
something that I don't think

Was picked up on
by trial counsel at all.

You'll recall that
the ctv photograph

Showed the stretcher,

The orange blanket
of the stretcher.

Stills taken from the video

Of cynara on the stretcher

As she's coming out of the door.

If you look down by the feet,

The left foot
of the extreme man,

You will see that there
is no snow on the ground.

If you go to the next frame,
you'll see the same thing.

And the next frame,
you'll see the same thing.

- Do you remember what
it was like outside that day?

Was it snowing
or was it not snowing?

(indistinct chattering)

Not snowing, okay.

- I think it's also relevant

That none of the medics
backed the evidence of bujokas.

(lawyer): Sir I'm going to
suggest to you that there was...

Little to no snow in the front
of the residence.

(bujokas): You're going to
suggest that to me?

- Yes.
- I disagree.

I was there and
there was a lot of snow.

- Okay. So it's your position
that there was a lot of snow

When you arrived and there were
no footprints whatsoever.

- No, it's not what I said.

I said there's one set
of footprints in the snow

That preceded past
the residence.

There was no other footprints
leading in

Or out of that residence.
- Okay, uh,

And your evidence is that
there is quite a bit of snow?

Not just a light dusting?

- Well there was enough to hold
a footprint.

Footprints gotta need at least
a quarter inch to half inch.

- So it was your evidence that
there must have been

At least a quarter inch of snow

On that carpeted threshold step.

- At least.
- Okay.

(james): Looking at the ground,
you can quite clearly see

That pathway does not
have any snow on it.

There was no comment made
on this at all at trial.

- What was it like mothering
a child who has special needs?

Help me understand that,
because I don't have kids.

(cindy): Here we were
with a baby with cerebral palsy,

We didn't know what to expect.
This was our first experience,

We didn't know what to do.
What we should do.

A few people approached us
and said, you know,

There's home that you can...
I was like, no.

No matter how much you try
and convince me,

She's not going in a home.
She has a home.

And that's with me
and her family.

We went on vacation, she went.

Trips, she went with us.
Everywhere we went, she went.

We don't treat
that child differently.

Or make that child feel,
oh, you have a disability,

You should be treated this way.
No, cynara was treated

The same way that
everybody else was treated.

(jade): I was so close
with my sister,

Like, really close with her.

I used to sit on the couch
for hours just holding her

And make a bottle and feed her

And help my mom shower her
in the morning.

It became an everyday thing
that I did.

It was normal for me.

- We all kind of
did it together.

Yeah, she had a disability,

But...

Her disability never stopped us.

- I still have her clothes
hanging up in my room.

And people say you know,

You have to move on from it.
I can't.

(cindy): They were very good
with her at a very young age.

They would push her
in a stroller,

They would put her
in a walker and pull her around

And they would lie
with her on the bed,

They would play with her,
they would read for her.

We know when she's not well,
we know when she's happy,

We know when she's sad
or when she's in pain,

Or when she's hungry.

They know by her cries too,
by her face expression,

By the way she act.
She needs this.

(jim): What would you need to do
when she has a seizure?

(cindy): I would have
to hold her.

(jim): And you're
holding her because...?

(cindy): Hold her down
because her whole body

Is shaking and we don't want
her damaging herself

And breaking any bones. Yeah.

It's scary, it's pretty scary.

- And it happened quite often?
- Not too often,

But she gets it
when she doesn't sleep properly

Or if somebody scares her.

(james): She had partial
movement of her arms,

But couldn't hold her head up
without assistance.

She was non-verbal
and communicated

With the world through laughter,
crying or kicking.

(alan): Say hi.

(james): She could only
be fed liquid food

Because she had
difficulty swallowing

And was prone to seizures.

She did on occasion
develop pneumonia.

At the time of her death,
16 years old,

She was four foot six tall
and weighed 76 pounds.

Despite this, she was,

An autopsy found,
to be well nourished

And well cared for.

And all the evidence
suggested she was.

- I feel like...

They just...

Wanted to create a story.

They wanted to make it
look like it was a burden.

(lawyer): Cynara couldn't do
anything for herself.

(cindy): No she could not.

- You had to do everything
for her.

- That's correct.
- You had to bathe her?

- Yes.
- You had to feed her?

- Yes.
- You had to change her?

- Yes.
- Everything like a baby?

- That's right.
- 24/7 kind of care?

- That is correct.

But I also said that it was not
a burden

Or problem for us to do.

It's just, children
like cynara need special care.

That's all.

(james): The crown,
instead of acknowledging

That there was no motive

For the appellant
to kill her daughter,

Came up with five
different motives.

And this is where the pastor's
evidence comes in.

(lawyer): You know, mr. Hicks
asked you about this um...

What's the person?
What did you call him?

The preacher who prophecises?
- The preacher.

Yeah.
- Okay, um...

And he accurately predicted
prophecies

For different parishioners.
Including the fact

That he told cindy that
she should let her child go.

(james): The trial judge
interrupted,

He was going to stop
this evidence going in.

- I gotta say I think you're
really, really stretching it.

I think it smacks
of desperation.

I really think
it's an inappropriate use
of the evidence.

And ultimately,
the defence and crown

Convinced him
that it should go in.

(lawyer): You're telling
cindy ali that it's okay

To let her daughter die.

Do you agree
or disagree with me?

- I disagree with the way
it's portrayed right now,

As you say it.

Because I'm a spiritual leader.

And my job is to make sure

That people are morally and
spiritually strong.

(sheela): We're all born
on a certain day,

We all go home
on a certain day.

Our faith believes that god
has already given us

The number of our days.

Cindy received this prophetic
word saying,

You'll have to release
this baby to the lord.

Our understanding of it is
don't try to...

You know, just trust
in god's will.

There's a time for everybody.

All mothers want
to control their babies

And keep them forever.

She just took that really bad.

She thought that okay,
I'm going to lose cynara now,

You know?

So I spoke to her about it
and I said, you know,

Don't get upset about this.
We don't know if it's today

Or tomorrow or next week
or next year.

But you will have
to release her.

And she said,
"I understand that,

But it's very hard for me
to release cynara."

(james): This is what durasami
said in chief.

"when I did have
my conversation with her

Maybe three or four weeks later,
she said I have prayed,

I've done-- released her to god.

I know she is god's child

And let god's will happen
in her life.

I'm at peace with it."

That's not saying
she's letting her go,

Or as the crown puts it,
I've come to the place

Where I've given
cynara up in my heart.

That's not what she said at all.

But that's how the crown put it
in her closing.

"and the reason, ms. Ali,
that I'm suggesting

You were capable of killing
your daughter..."

(lawyer): "...Is because as your
pastor sheela told this jury,

You let your daughter cynara go
from your heart years before.

Right?"

That is not what the pastor said
at all.

Answer, I didn't...

(cindy): I didn't let cynara go
from my heart.

She will always be there.
She's still there.

- "and nothing or no one
can take that from us."

The crown's closing
submissions...

(lawyer): So we may never
understand

Why cindy ali killed
her daughter,

But we do know
that she stopped loving her.

Well, that's just a statement
by the crown.

There is no evidence of that.

(lawyer): Allan, uh,
your husband, ali, told us that

The doctors in trinidad

Told you that cynara wouldn't
live beyond three years old.

Do you remember hearing him
say that?

- That is correct, yes.

- And what was
your understanding, ms. Ali?

- The same thing. That she would
not live more than three years.

(james): This is
the third motive,

Cynara had lived too long.

She was supposed to have
died at three,

She was still alive
13 years later.

So that was the motive
to kill her,

By her mother.

Her husband, her oldest daughter

And the two pastors
who testified.

People who knew
how the appellant

Looked after cynara

All gave testimonials
to her love and care for cynara.

(jim): "dear sir or madam,
for the last 16 years

As parents of cynara,
we've done everything for her

With an enormous amount of love,
care and concern

For her wellbeing.
We provide an atmosphere

Of compassion and understanding
and a sense of normalcy

For our children.
My wife and I have developed

A routine that takes care
of cynara

Without the help of any
outside agency or service.

Being in canada has provided us
huge opportunities

To really make a difference

And since coming here
10 years ago, my wife and I

Maintained our lives
and that of our children

To be self-sufficient
and not depend on the services

Or agencies to be a burden
on the system.

My sisters and I
love cynara very much

And we will do anything for her.

We take her on outings,
we buy her trendy clothes,

We read to her
and play with her."

Karissa, jade.
"I'm always giving her

A manicure and pedicure and put
on puppet shows for her."

Clarissa, krissy.

"I read to her at bedtime.

When I'm on the computer,
she sits with me.

I love her more than anything

And will always be
there for her.

Her family does everything
for cynara,

My aunt, grandparents,
sisters, parents and I

Will do anything.

And she hardly ever gets sick
and is happy

Being with all of us."

- I really want to thank you
guys for sticking with us.

Can't do it without you guys.

(sniffling)

Some days, it's really,
really difficult.

When I got back
and I look at the pictures,

I said, "thank god."

There's an army of people

That's standing with us.

From all of us,
thank you very much.

Walk in my shoes for one day.

Walk in the shoes of a parent
who has a handicapped child.

And see.

And see.

Nobody understands the love
we had for that child.

(whispering): Hi. Hi.

(priscilla): The pregnancy,
everything went well.

In jaden's case, it was during
the delivery time.

Things got
a little bit complicated

And oxygen supply got cut.

That's when things
turned around.

(whispering): Want some water?
Yeah?

(gagging)

Drink, drink, drink.

(retching)

(speaks foreign language)
I know...

(retching)

Every day is so unpredictable.

Some days are so crazy.

- Are you okay?

(gasping)

(speaks foreign language)

Why don't you put your head
straight, okay?

- Try again maybe.
(chuckles)

- I'm talking with you.

Yeah?

- Mmm.
- Mmm? Who's the smartest
boy in the world?

(laughing)
- you are?

- Who's the most handsome boy?

(laughing)

Yeah, that's jaden.

Yesterday, he was so excited

Because I told him we're going
out, he will be out all day.

What, jaden?

Jaden likes to go out, right?

We're gonna go see
cindy today, eh?

She loves to see jaden.

Even at church when cindy's
there, he wouldn't be with me.

She will come and the moment
we enter the church,

She will come
and carry him.

She will ask me, "you, go away.

I'm gonna spend time with him.

Nobody should disturb."

He'll see.
Like, he'll play with her hair.

Especially, he'll try
to pull her hair and, yeah...

(cindy): At the beginning,
it was really a little bit
tough for me.

It's like cynara had
just passed away, I was like...

I didn't know how to feel

Or if I should let myself
in to know this baby.

The first time he came,

It was emotional for the
whole family,

But after that, it was good,
just having him.

He probably came into our
lives at the right time.

- Hi.

(sniffles)

- Hey. Hi, jaden. Hi.
(sniffles)

Yes, yes.

(laughing)

You're giving me a smile? Yeah.
- Yeah.

You are happy?

You're so happy, look at you.

- Yes, yes. What are you doing?
You're getting big.

What's so funny. You want to
pull my hair, don't you?

(laughing)

- One day. He says, "one day,
I'll definitely pull..."

- You're good? All right.
Tell me now, everything.

Mm-hmm.

- He was partying a lot.

- I heard, I heard.
You had a good time?

- Jaden had doubles.
- He had doubles?

- Yes, he did, he did.
- Oh, they fed him?

- Oh, they fed you, eh?
- Yeah!

- They didn't give you
no pop or anything?

- No, no pop.
- No pop.

- Did you get your chocolate
today? No chocolate?

- No.
- No chocolate.

- He got so big to the last time
I saw him. So tall.

We're talking about you, yeah.

(jaden laughing)

- This boy knows how
to get attention.

- Yes. La-la-la-la!

(jaden laughing)

- Uh-huh.

(jaden vocalizing)

What song is this?

- Oh, cynara used to
do the same thing.

Like, they try to tell
you... Yeah!

(jaden vocalizing)

What...
- He's talking sometimes.

- It's in the mic.
(laughing)

- Too excited? Yes? What?

Yeah. I told him yesterday.

They told you,
you were coming today?

(priscilla): You're
gonna be out all day,
you're gonna meet cindy.

(cindy): Yeah.

Okay.

You will be out soon too. Eh?
- Mm-hmm.

- Okay. Okay.

(sniffles)

- See you guys, bye.
Bye, jaden.

(soft music)

(reporter): Nearly 160 offenders

Went into quarantine
Tuesday night

At the saskatoon
correctional centre

After one inmate said

He came into contact
with someone

Who has the novel coronavirus,

And until this potential contact
is completely ruled out,

Infection control measures are
in effect at provincial jails.

(reporter 2):
But in several institutions,

Infection is taking hold.

Including port cartier, quebec,
where some inmates and staff

Have tested positive,

And the grand valley institution
for women in ontario,

Which is reporting
an infected inmate.

(emma halpern): We think
there's really only one way

To prevent the spread of the
virus, and that is to release

As many prisoners as possible
into safe and supported housing

In the community.

(reporter 3):
Still, it's a balancing act

Between the accused's charter
right to reasonable bail

And the protection and safety
of the general public.

- Some people might look at it
and say,

"oh, someone who's been
convicted of first-degree murder

Is walking free,"

But our court system is
supposed to work this way.

She's a model prisoner,

She doesn't have a background
that rings alarm bells,

And she has underlying health
issues

That make being inside of prison
right now really dangerous.

(jim): Now, speaking with
alan, he's like, nervous

About what the public
will think about

Someone getting out like this.

- It's hard to believe anyone
would take

An aggressive position on this.

I mean, you know, she brought
up her kid for 16 years.

I mean, you read the fact, and
why on earth

Would anyone think she'd
do something like this, right?

- Mm-hmm.

It's sounding like you're
putting this

Into the wrongful
conviction category.

- Close.
- How close?

- Not quite there.

I think it's hard for me
to actually get there,

But um, pretty close, yes.

- 'cause it started out
as a miscarriage of justice...

Pretty much, right?

- Yes.
- In your mind.

- Yes. Now it's become,
she's innocent.

I do progress, you know.

(laughing)

I can't put my feet in cement
and refuse to move.

(jim laughs)

- Hmm...
(panting)

- Go see her, go.
Go see her, go see her.

(whining)

Go see, go see!

(crying)

(soft music)

(indistinct speaking)

- It's done?
- It's done.

(laughing)

- That's all done.

- Well, cheers.
- Cheers.

- Welcome home.

- Now we call priscilla?
- No, she's at work.

- She's finishing at ten.

- I'll call her at ten.
I told her I'll call her at ten.

(indistinct chatter)

(james): I start with
a proposition, if I may,

That this was a most unlikely

Case of murder,

And while nothing in
this world is impossible,

It, on the record,
seems highly unlikely.

The appellant was
no robert latimer,

If I can put it that way.

Indeed, just the night
before cynara died,

Her mother had lied
beside her in bed

While she recovered
from a seizure.

(alan): It had to be
around 8-8:30 timeframe.

I remember going
through the front door.

There was snow or flurries
falling that morning,

But nothing was
accumulating on the ground.

(cindy): The twins left after,

And then amanda left.

So amanda was
the last one to leave.

(clock ticking)

Cynara was not feeling too well.

She was a bit fussy.

She didn't want to be put down,
she wanted to be held
all the time.

(doorbell rings)

Amanda had just left,

So I thought maybe
she forgot something,

So I put cynara down and I went.

And I opened the door.

That's where...
Everything went wrong.

I came running
through the kitchen

And I remember grabbing
a couple knives

That I had on the counter,
and I threw it.

I remember grabbing the phone.

It was ripped off the wall,

And by the time I got here,

The other guy was already
standing in the sitting room.

He had a gun.

(filmmaker): Can you describe
how they were dressed?

- Um, ski masks,
coats, suits, shoes.

All black.

(filmmaker):
Does cynara see this?

- She sees everything.

So he asked me to go upstairs,
I mean, not in a nice way.

So we went upstairs, and he went
to all the rooms,

Opened up the cupboards
and drawers.

They wanted a package.

"I don't have a package, I don't
know what you're talking about."

And they're like,
"yes, this is the house."

And they're here to pick it up.

And I was like,
"I don't have a package."

My main concern was cynara.

I didn't care
about anything else,

I just wanted to get to cynara,

Because I know if she gets
scared or she gets in a fright,

In a panic, she starts
getting seizures.

He went to the basement.

Amanda's room, alan's office.

He realized that there wasn't
anything in there.

"there's no package here."
and I was like, "no."

So then, I got a chance to run
back up, and I did.

Cynara was just still,
she wasn't moving.

She wasn't making
any sound or anything.

(filmmaker): And what was
the gentleman--

- He was just standing.

The guy came up and said,
"this is the wrong house."

(filmmaker):
And what did they do?

(cindy):
Ran down to the basement,
stepped out the basement door

To the underground garage.

The last thing I remember
is when I called 911

I said, "hello?"

(cindy panting, crying)

(operator 1): Okay, try and
tell me what big streets

Are by burrows hall.

(operator 1): She said something
about her baby.

(operator 2): Hey.
Sounds like we lost her.

- If I may speak for myself for
a moment,

When I first heard the defence,
I must say,

It raised my eyebrows.

But...

Home invasions happen,
as we all well know.

So, whilst at first sight,
the eyebrows are raised,

In my submission, there's
really no reason in itself

Why she couldn't have been
the victim of a home invasion.

And her police statements

Are remarkably consistent.

She first spoke
to constable kelloway

In the living room

And gave him a brief accounting
of what had happened.

She then spoke
to constable minhurst,

Gave him a brief accounting
of what had happened.

She then spoke to the first
responder

In the back of the ambulance,

And it's here that
there is the one and only claim

That's made at any time

That the appellant said
anything different

From what she's said
to every other officer

In the continuum of events.

The only significant difference,

According to minhurst,

Was that she said that one of
the home invaders

Had a pillow over cynara's face

When she came downstairs,

As opposed to, one of the
intruders was holding a pillow.

She then, after talking
in the ambulance

To the first responder,

Spoke to detective cole
at the hospital.

Said the same things.

She then spoke, at some length,

To detective lou hakai
and emmerson

At 42 division.

- The other guy had
the pillow in his hand.

(james): Said the same things.

By the time she
finished that statement,

Not only had she gone through

The death of her
16-year-old daughter,

But she had spent 13 hours

Talking to the police.

(filmmaker): Did you
ever think to say no?

- No.

I didn't even know we
could've said, "no,

I don't want to do it right
away." I didn't know that.

I thought they say we have to
do it, that we had to do it.

- I don't have any direct
information to give you.

So I understand

That you're thinking
about your daughter right now,

But I know she's in good hands
at sick kids hospital.

- Yeah. I haven't seen
her since then.

- You haven't seen her?
- No.

- Okay. So, why don't
we get this done

And then maybe get you
to the hospital,

If that's where
you want to go.

- That's where I want to be.
- Okay.

- I remember I'd keep asking,

"does anybody have any
information about cynara?"

And they said, "oh, she's fine,
she's doing good."

So in my mind,
she's good, she's okay.

Right? Well, that wasn't the
case when I got to sick kids.

When they said she was fine...
(sniffling)

...I didn't expect to walk in
and see her

Hooked up to all these machines
and tubes and all those things.

I was told by one of the
officers that I can't touch her

And I said, well, no, you can't
tell me I can't touch her.

The nurse came in when I was
touching her, and she's like,

You know,
"go ahead and talk to her."

And she said, "your husband said

She doesn't like
her head like that.

You can fix it." so I did.

And they put a chair for me, and
I sat next to her, and I was...

Just talking to her
and touching her.

And that's when he said,

"they're going to take
her off life support."

(sniffling)

It was two weeks or three weeks

Before we could get the house
back.

We were having
a hard time coping.

I was having a really hard time

Even just coming
back to the house.

It was devastating for
everybody,

'cause here we were
coming home to...

No cynara.

Couldn't eat, couldn't sleep,
couldn't function.

Couldn't do anything.

I would even forget sometimes.

I would even say, "oh, I gotta
get up,

I gotta make her
formulas, I gotta..."

And he would say,
"she's not here."

(sniffling)

(filmmaker): Do you remember,
like, the time between

When cynara died,

To when all of this
police investigation and...

Do you remember the time
between? Like, it was...

You know, we're February,
what, the 20th.

- Cynara?
- Yeah.

- Cynara died on the 21st.
- The 21st.

- Mm-hmm.
- And then...

(reporter): Four days after
a deadly home invasion,

Police arm themselves
with laser equipment

To make a three-dimensional map
of the house for investigators.

And while the questions keep
coming, solid answers are few.

Alan ali thinks the intruders
may have mistaken his home

For another unit
in their complex,

Also numbered 118.

But the other owner
says he too knows nothing

About the mysterious package.

- Nothing has showed up here,

So I don't know
what they're looking for

Or what it could've been.

- We're asking the residents
specifically

If they received packages,
either by courier or by mail.

(reporter): Homicide detective
sergeant frank skubic

Said he believes the woman's
story that the men

Barged into her home
looking for a package,

But the big
question remains: Why?

(filmmaker):
Did you feel at that point

That they were starting
to think about you

As someone who had
something to do with this?

- Absolutely not, no.
I had no clue, no idea.

I didn't even think about it.

I thought maybe,
okay, this is their routine.

I was hoping that they'd
do what they had to do

And find out what happened
and who did this.

(reporter):
Police aren't the only ones
struggling for answers.

Maybe neighbours in the quiet
townhouse complex

Are having a hard time believing
the house would be targeted.

- All the neighbours are in
total disbelief

That it actually happened.

There are some theories
that maybe it was

A mistaken identity, or did
it even really happen? Or...

(reporter): Others are taking
the allegations very seriously.

- I'm actually afraid
they might come back,

Maybe get another house.

I don't know, but it's
really frightening.

(reporter):
Meanwhile, the townhouse remains
a very active crime scene.

(filmmaker):
Cindy, do you remember

When that first
letter arrived?

- Um, yeah. I wasn't
home when it came.

- So who found it?
- Alan.

- I picked up the phone and I
remember calling frank skubic,

And I said, "this is what I
received." I read it to him,

And he said, "take it to 42."

And I took it directly
to the police station

And then it just went
all downhill from there.

- "when the boss say go get the
package at 118,

That is what we come to do.

When we come to the door
and ring the bell,

Some woman opened up but she
tried to close back the door,

But we push we way in.

But the woman was
sending me crazy,

Because all she keeps say
is my baby, my baby.

She lucky we did not kill she.

She lucky we did not kill she."

- Mm-hmm.
- That is a case of

Using "she" in both the subject
and the object position.

Common in trinidadian,
absent in jamaican creole.

(filmmaker): Can you describe
what the two men sounded like?

- Um... Heavy accent,
like jamaican.

Mm-hmm.

(filmmaker): And why do you say
jamaican and not, like, bajan?

- Um, because the way they
sounded

And the way they were
speaking, I can tell.

I mean, we have
jamaican families,

We know how they speak
and the way they were speaking.

- "but them ****ing police."

Care catch we because
we shoes has a cover over it."

We shoes has a cover over it.
What do you think that means?

- There's a cover
over the shoes.
- Why?

- The police would call
that "holdback information".

- Okay.

- Something that only the person
who was there would know.

- Exactly, right?

Only the person who could have
been there

Would know such a thing.

"it feel good to get
she are couple of kick."

According to the author,

Somebody was physically
assaulted inside the house.

"we still know what going on

Because we has
friends living there,

And we does be they,
all they all the time."

So, this expression here,

"we does be,"

Common in caribbean
english creoles.

It eliminates jamaican creole.

- Is it possible
the writer of the letter

Is trying to make it
sound like it's jamaican?

- Jamaican features

Wouldn't be hard to
fake for a caribbean person.

If you wanted this
to sound jamaican,

There are a few simple things
that you could include

Or change that
would cause jamaican

To come back into the pool
and to raise to the top.

- And that's not there.
- But they're absent.

- Yeah.
- They're absent.

(filmmaker): Did you have
anything to do with that letter?

- No.

No.

(filmmaker):
Do you know who might have?

- No.

- I mean, I could easily see
the letter written as a means

To try and stop the police
investigating her,

'cause she knew
they were doing that.

Stupid move,
but at the end of the day,

It's got bugger all to do
with guilt or innocence, right?

- Yeah.

(filmmaker): Do you feel
confident enough...

To say, like,

"you could test me,
have me write something,

It's not going to look
like that letter"?

- Uh, we did.
- You did?

- Yeah, we did. All of us did.

- You all wrote a sample?
- Yes, we did.

- You and alan?
- The kids. Everybody.

- They took handwriting, our
saliva, we did fingerprints.

We did everything.

(alan): The detective frank
skubic kept calling,

And calling, and calling, and
wanted to talk to cindy,

And wanted to do this,
and wanted to do that.

- All right.
- All right?

- We understood fully
what was happening.

They weren't
looking for anybody,

They were looking at
the family.

(jessica): The efforts
intensified.

They wanted to use all the tools
and manpower they had

To not only investigate
the ali family,

But all their known associates,

And family members,
and friends.

Track their vehicles,
track their phone lines,

Put number recorders
on their phone lines,

Which would indicate incoming
calls and the outgoing calls.

(filmmaker):
So the ali family suspected

That their house was bugged,

That they were set up to
away on the...

- Yes.
- Did it in fact happen?

- Yes, it did happen.

It was that day that the probes
were installed in their home.

(amanda):
It was like six o'clock,
early, early in the morning.

Just heard a loud
bang on the door.

My boyfriend at the time ran
down, came back up,

And he's like,
"it's the swat team."

And I'm like, the what? Right?

Like... I felt like
I was in a movie.

Then the next thing you know,

All I see was like these
large guns, and like masks.

I'm like, oh my gosh,
what is going on?

They told me to put my hands
behind my back, I was zip-tied,

I was put in the car.

So everyone in the house is
pretty much in different cars,

And they took all our phones,
anything electronic.

I think they went through
everything in the house.

They even had the dogs there.

(jessica): The way that
the alis were investigated

Is similar to the kind of
investigation you see in a gang.

It was a huge investigation,

A ton of resources and manpower
was invested into this.

Multiple search warrants
executed

In multiple places
over multiple jurisdictions.

They produced nothing.

The investigation
became tunnel vision.

The police...

They were working
with two parallel ideas.

One was this
home invasion didn't happen.

Not only did it not happen,
but cindy lied about it.

And two, cynara died

Under malicious circumstances,
someone killed her.

And when those two ideas
logically play out,

Cindy was the one who
had exclusive opportunity,

So cindy must have killed her.

This was the idea that
the police were convinced of,

And that's what they pursued.

- Then they arrested cindy.

And I remember...

Calling cindy
and saying, listen...

I'll fight this.

(judge):
Miss ali, please stand up.

Miss ali, you've been convicted
of the first degree murder

Of your daughter, cynara ali.

That means both that the jury
found that you smothered cynara

And that you did so in a
planned and deliberate fashion.

As you've been convicted
of first degree murder,

The sentence I must impose
upon you is mandatory.

I hereby sentence you
to life in prison

With a parole
ineligibility of 25 years.

(women sobbing)

(shouting)

(sobbing)

(indistinct shouting)

(alan): Father, in the name of
jesus,

We come before you tonight
and I say thank you

For all the many blessings

That you have bestowed
upon us during this journey.

But god, as I look
back on this journey,

I thank you for the people
that you've put into place

Every step of the way
to help us along.

We thank you, oh god,
for each and every one of them,

And tonight I pray
a special blessing

And give us the energy to
move forward and to continue

Fighting for this case,

And for the injustices that
we've seen over the years.

- There is a higher court than
the courts of men,

And so lord, we make
our appeal to that higher court.

We come humbly before you,

But also, lord, with full
confidence and full assurance,

Knowing that you hear us.

And so, as we lift cindy up to
your throne of grace, lord,

We ask that there will be a
change of heart,

There will be
a change of decision,

There will be
a change of the ruling,

That she will not fall into
anxiety, reliving these things,

Oh, god, the nightmares
of the past,

But father, that she would be
strengthened

To withstand and to hear,

And lord, even to pray and
believe again and hope again,

And we pray just a special
wisdom upon james

As he handles this case, oh god.

We just ask that you would
be with him in that courtroom.

That your will would be done.
Truth will prevail.

(laptop chimes)

- The court resumes.
- Go ahead, mr. Lockyer.

- Thank you. I'm going to start
by submitting

That the trial judge
made a number of errors

In his after-the-fact
directions to the jury.

I'm going to suggest
that his directions,

Many of them, presumed guilt.

The most serious error he made
was his suggestion that,

In his opinion, there were
no alternative explanations

For the appellant lying
about the home invasion.

The trial judge told the jury

That there could only be two
causes of death:

Suffocation or
an accidental death

In the midst of
a home invasion.

And in this way,
or in these two ways,

This trial became about

Whether or not there
was a home invasion,

Rather than whether or not the
appellant did anything

That caused the death
of her daughter.

The sections headed
post-offence conduct,

The staging of the crime scene,
post-offence conduct.

All three of those
headings were objectionable.

Post-offence conduct
presumes an offence.

The staging of the crime scene

Presumes the staging
of the crime scene.

And any juror listening
to this could not help

But get the impression

That there is a presumption here

That she killed cynara.

To use the term post-offence
conduct

Is not in itself sufficient
to warrant a new trial,

But the trial judge just does
it again and again and again.

He used that phrase
48 times in his charge.

I had no idea it
was that many.

48 times, that is...
That speaks for itself.

He then goes on, "on the other
hand, if you find cindy ali

Actually did or said what she's
alleged to have done or said

After the offence
was committed..."

He needn't have put the word
"alleged" there.

Not at least in the context of
what she said to the police.

"...You must consider next
whether

This was because cindy ali
committed the offence charged,

Or whether it was
for some other reason."

I mean, really, what on earth is
the trial judge saying there?

What he's saying is,
the "some other reason" is

She told the truth.

That's the "some other reason".
What a way to say it.

It's a continuing presumption in
this charge,

That she's guilty.

That she lied about
the home invasion.

That the letter
was written by her.

(doherty): Isn't he, in effect,
telling them

That if they have any doubt
about who wrote the letter,

It's off the table as evidence?

And isn't that a very
favourable instruction?

- He hasn't included
in the alternatives

That someone wrote it
thinking misguidedly

That they would
help the appellant,

Which was the defence.

There are a number of scenarios
that one can visualize.

She could easily have panicked
if her daughter

Had simply died
of natural causes,

Because her daughter's
in her care.

Maybe the appellant did
something accidentally to cynara

That caused her to
have a seizure.

She may have dropped her.

Maybe she just felt responsible

Because cynara was
clearly in her care.

She could have invented

A home invasion and
been the author, in effect,

Of that March 19 letter,

But cynara still died
of natural causes,

And/or cynara died as a result

Of something that the
appellant did accidentally.

Any number of scenarios
that one could imagine.

Now, it could be good news,
it could be very bad news.

(cindy): Right. Mm-hmm.
- All right?

(james): Um, when I walk in
the room, I will know.

If it's bad news, you'll
have to surrender tonight,

Facing the prospect
of being in 'til 2042.

- Right.
- All right? That's a reality.

- Yeah.

- Okay. All right,
let's get you in there.

- All right.
- And I will come in...

- Okay.

- ...In about five
or six minutes.

- Okay.

- Okay, nothing.
It hasn't come yet.

You realize the best you're
gonna get is a new trial, right?

- Yeah, yeah.
- Okay, okay.

(jessica): Are you feeling
comfortable?

- Yeah, I'm okay.

We was... I was up all night...
For the past couple days.

(alan): I couldn't sleep,
so I was just in and out.

(jessica): Yeah.
Sick sitting here.

(distant indistinct chatter)

- You won the appeal.
(gasping)

- Wow.
- Oh, my god.

- We won in terms of...?
- It's a new trial.

- New trial?
- Oh, congratulations.

- That is excellent news.
- Thank you.

- It's all right.
So, congratulations.

- Thank you.

- Yeah, it's a relief
to, you know...

We gotta do a better job next
time, somehow.

'cause I think it
was a miscarriage of justice,

And it will be even retrying it
as a miscarriage of justice,

In my view, but...

- So the presumption of
innocence is back.

- Oh, yes.
- Okay.

- But it's a relief.
I'm very pleased for you.

- Thank you.

(jim): "a jury that convicted
the toronto mother

Of murdering her 16-year-old
disabled daughter

Was straitjacketed
into a decision

That limited their choice
to either acquitting her

Or finding she had committed a
planned and deliberate killing,"

A defence lawyer argued

At the ontario court
of appeal this week.

(cheering)

- It's all right, you can go.
- I can go? Thank you, james.

- Okay, cindy.
- Thank you very much.

- Take care. Be in touch.
- Yes.

(jim): James lockyer,
ali's lawyer,

Argued five grounds for a new
trial before a three-judge panel

At the court of appeal.

The reasons included the trial
judge's failure

To charge the jury with
an alternative option

That ali might have panicked
and made up a story

About home invasion
after her daughter became ill.

(indistinct chatter)

- Oh, really? What, custody?
Or what?

(indistinct chatter)

(jim): Lockyer argued
there was no motive

For ali to kill her daughter,

And according to
evidence presented at trial,

The girl was well cared for.

"the ali family had some debt at
the time of cynara's death,"

Said lockyer, which made them
no different than quote,

Hundreds of thousands,
end quote, of canadians.

"the jury should have been told

There was no proven motive
in the case," he said.

- Today, we have cindy with us,

After many, many, many years.

(applause)

And...

I know...

Sorry.

(voice breaking): I know that
some of you don't know her.

But this is one of those

God stories that
we don't understand.

It was a journey
of grief and pain.

To be honest, we never thought
we would see this day.

Would you stand up

And honour the woman of god?

(applause)

(soft music)