Michael Stone (Russell murder case)
Encyclopedia
Michael Stone is a British criminal who was convicted of a notorious double-murder in 1998. He has continued to assert his innocence. His original conviction was overturned on appeal but a second trial resulted in another verdict of guilty after another prisoner claimed that Stone had confessed to the killings while on remand in jail. His most recent appeal, in 2004, also failed.
Stone served three prison sentences in the 1980s for violent offences.
, Kent
, Lin Russell, aged forty-five, her two daughters, six-year-old Megan and nine-year-old Josie and their dog Lucy, were tied up and savagely beaten with a hammer in a robbery attempt. Lin, Megan and Lucy were killed but, despite appalling head injuries, Josie survived and went on to make an excellent recovery. Josie's recovery and the way she and her father, Shaun Russell, coped with the aftermath of the tragedy were the subject of a BBC
documentary. Father and daughter had by then moved to the Nantlle Valley
in Gwynedd
.
It was later determined that Stone had previous convictions and had been diagnosed as a psychopath, and in the light of his conviction the Labour
government suggested a plan to reform the Mental Health Act 1983
. Their proposal sought to reform the 1983 MHA's "treatability test," which stated that only patients whose mental disorders were considered treatable could be detained. Because certain types of personality disorder are not considered treatable, patients with these conditions, including Michael Stone, could not be detained. In response to the Michael Stone case and other widely publicized reports of mentally ill people committing atrocious crimes, the government wanted to allow those diagnosed with schizophrenia or personality disorders with a tendency towards violence to be detained against their will in mental health hospitals without having actually committed a crime. The reforms, ultimately enacted in 2007, changed the "treatability test" into an "appropriate medical treatment test." Under this new test, patients can be detained against their wishes as long as there is a medical treatment available to them that can alleviate or prevent the worsening of the disorder or one or more of its symptoms. There is no longer a requirement that treatments actually work, nor is there a requirement that patients participate in the treatment (ex: with talking therapies and other therapies that require active participation by the patient), merely that the treatment is considered appropriate, and is readily available to the patient.
Michael Stone's conviction is still held by some to be a miscarriage of justice
on the grounds that the evidence against him came from a prisoner in an adjoining cell who claimed that Stone had confessed by talking through a gap between the heating pipe and the wall between their cells. The prisoner who provided the evidence, Damien Daley, was described in court as a "career criminal". There was little forensic evidence available, and what there was (a few hairs, a bootlace with DNA on it and a smudged fingerprint) could not be linked to Stone. However, Nigel Sweeney QC for the Crown, said that at the trial Daley had accepted "he was an individual who would lie when it suited him" but had nothing to gain by lying about Stone.
The jury were told by Nigel Sweeney QC that "we have to make you sure that Stone confessed" and so the jury tested the evidence of Damien Daley by actually visiting the cells in question where an extract from one of the Harry Potter stories was read out through the duct in the cell wall. The jury were able to listen to what was being read to them from the cell formerly occupied by Stone, which proved that it was possible for Stone to have confessed to Daley in the way he alleged.
Mr Williamn Clegg QC weakly defended by opining that "there was no proof the voice belonged to Stone".
The main issue however which forms the basis of the miscarriage of justice claim is that the jury were not told that the points of detail included in the confession had all been published in the national press on the day Stone was alleged to have confessed. They were told that Daley had been reading the Daily Mirror which contained some of the facts, but they were not told about the Daily Mail and The Times which had published the remaining facts.
On 21 December 2006, a High Court
judge decided that Stone should spend at least 25 years in prison before being considered for parole. This means that he is likely to remain behind bars until at least 2023 and the age of 63. In September 2007 it was announced that The Criminal Cases Review Commission
(CCRC) is assessing if there is "any new evidence or anything to cast doubt on the safety of his convictions". CCRC spokeswoman said on Sunday: "His [Stone's] case file has been allocated to a case review manager."If there is any doubt over his convictions, then his case will be referred to the Court of Appeal. "We will look to consider whether there was anything that wasn't considered at trial or appeal." The spokeswoman added that the timescale for examining the case could be anything from a "few months to years".
On the 26 October 2010 the CCRC announced that they would not refer the case back to the Court of Appeal because they had found no new evidence to justify making a referral. They did not mention that the bootlace which had been dropped at the scene of the crime by the murderer, and which Stone had wanted to be re-examined to possibly identify a suspect who may have since been added to the DNA database, had been lost by the Kent police Exhibits Store. Only the exhibit bag previously containing the bootlace had been found, but the bootlace itself had gone missing.
Following the conviction of Levi Bellfield
for two murders of young women (both in blunt instrument attacks) and the attempted murder of a third (with the use of a vehicle) in February 2008, a website campaigning in favour of Michael Stone's innocence named Bellfield as a suspect for the Russell case, pointing out that Josie's description of the man fitted that of Bellfield and was quite different to the appearance of Michael Stone. A man fitting the description was also seen "panic stricken" and driving a Ford Orion
in the country lanes around Chillenden on that fateful afternoon. Bellfield was also familiar with that part of Kent as he had friends living around there and also visited the area to trade drugs and also for work as a nightclub bouncer and wheel-clamper. However, it is unknown whether Bellfield ever owned or had access to the Ford Orion that was seen in the Chillenden area at the time of the murders. However, it has since been established that he did have a beige Ford Sierra
Sapphire at the time and later reported it as having been stolen, just as another car he owned was reported stolen in the aftermath of the murder of Surrey
teenager Amanda Dowler
in 2002 (for which he was convicted nine years later). In the aftermath of that conviction, the police who investigated the Russell murders faced demands to re-open the case and establish whether it was Bellfield and not Stone who committed the crime.
Early life
One of five children, he was born in Tunbridge Wells in 1960. Stone had a turbulent childhood, with his parents separating and his mother marrying a total of four times. He was placed into a care home where he was abused. Stone's police record dates back to the age of 12 and he became involved in shoplifting and burglary which continued into adulthood. Once leaving the care system Stone began using heroin.Stone served three prison sentences in the 1980s for violent offences.
Murder
On 9 July 1996, in a country lane in ChillendenChillenden
Chillenden is a village in East Kent, England, between Canterbury and Deal. It was home to the families of Thomas Chillenden and William Chillenden, as indicated by their surnames....
, Kent
Kent
Kent is a county in southeast England, and is one of the home counties. It borders East Sussex, Surrey and Greater London and has a defined boundary with Essex in the middle of the Thames Estuary. The ceremonial county boundaries of Kent include the shire county of Kent and the unitary borough of...
, Lin Russell, aged forty-five, her two daughters, six-year-old Megan and nine-year-old Josie and their dog Lucy, were tied up and savagely beaten with a hammer in a robbery attempt. Lin, Megan and Lucy were killed but, despite appalling head injuries, Josie survived and went on to make an excellent recovery. Josie's recovery and the way she and her father, Shaun Russell, coped with the aftermath of the tragedy were the subject of a BBC
BBC
The British Broadcasting Corporation is a British public service broadcaster. Its headquarters is at Broadcasting House in the City of Westminster, London. It is the largest broadcaster in the world, with about 23,000 staff...
documentary. Father and daughter had by then moved to the Nantlle Valley
Nantlle Valley
The Nantlle Valley is an area in Gwynedd, north Wales, characterised by its large number of small settlements.Around 80% of the population of the Nantlle Valley speak Welsh as their first language. Some of the communities came into being as a result of slate quarrying in the late eighteenth or...
in Gwynedd
Gwynedd
Gwynedd is a county in north-west Wales, named after the old Kingdom of Gwynedd. Although the second biggest in terms of geographical area, it is also one of the most sparsely populated...
.
Trial and consequences
The crime received a great deal of publicity and in July 1997 police arrested and charged thirty-seven-year-old Michael Stone with the crimes. Stone pleaded not guilty at his original trial in 1998 but was convicted on the strength of testimony from a witness who claimed that he had confessed to them while in jail. He was sentenced to life.It was later determined that Stone had previous convictions and had been diagnosed as a psychopath, and in the light of his conviction the Labour
Labour Party (UK)
The Labour Party is a centre-left democratic socialist party in the United Kingdom. It surpassed the Liberal Party in general elections during the early 1920s, forming minority governments under Ramsay MacDonald in 1924 and 1929-1931. The party was in a wartime coalition from 1940 to 1945, after...
government suggested a plan to reform the Mental Health Act 1983
Mental Health Act 1983
The Mental Health Act 1983 is an Act of the Parliament of the United Kingdom which applies to people in England and Wales. It covers the reception, care and treatment of mentally disordered persons, the management of their property and other related matters...
. Their proposal sought to reform the 1983 MHA's "treatability test," which stated that only patients whose mental disorders were considered treatable could be detained. Because certain types of personality disorder are not considered treatable, patients with these conditions, including Michael Stone, could not be detained. In response to the Michael Stone case and other widely publicized reports of mentally ill people committing atrocious crimes, the government wanted to allow those diagnosed with schizophrenia or personality disorders with a tendency towards violence to be detained against their will in mental health hospitals without having actually committed a crime. The reforms, ultimately enacted in 2007, changed the "treatability test" into an "appropriate medical treatment test." Under this new test, patients can be detained against their wishes as long as there is a medical treatment available to them that can alleviate or prevent the worsening of the disorder or one or more of its symptoms. There is no longer a requirement that treatments actually work, nor is there a requirement that patients participate in the treatment (ex: with talking therapies and other therapies that require active participation by the patient), merely that the treatment is considered appropriate, and is readily available to the patient.
Appeals and later developments
The Court of Appeal later ordered a retrial after a key prosecution witness went back on his evidence, but Stone was convicted a second time in 2001. Lawyers for Stone once again argued that his trial was not fair, this time because of the way the trial judge had summed up the case. Stone lost, and his life imprisonment term stands.Michael Stone's conviction is still held by some to be a miscarriage of justice
Miscarriage of justice
A miscarriage of justice primarily is the conviction and punishment of a person for a crime they did not commit. The term can also apply to errors in the other direction—"errors of impunity", and to civil cases. Most criminal justice systems have some means to overturn, or "quash", a wrongful...
on the grounds that the evidence against him came from a prisoner in an adjoining cell who claimed that Stone had confessed by talking through a gap between the heating pipe and the wall between their cells. The prisoner who provided the evidence, Damien Daley, was described in court as a "career criminal". There was little forensic evidence available, and what there was (a few hairs, a bootlace with DNA on it and a smudged fingerprint) could not be linked to Stone. However, Nigel Sweeney QC for the Crown, said that at the trial Daley had accepted "he was an individual who would lie when it suited him" but had nothing to gain by lying about Stone.
The jury were told by Nigel Sweeney QC that "we have to make you sure that Stone confessed" and so the jury tested the evidence of Damien Daley by actually visiting the cells in question where an extract from one of the Harry Potter stories was read out through the duct in the cell wall. The jury were able to listen to what was being read to them from the cell formerly occupied by Stone, which proved that it was possible for Stone to have confessed to Daley in the way he alleged.
Mr Williamn Clegg QC weakly defended by opining that "there was no proof the voice belonged to Stone".
The main issue however which forms the basis of the miscarriage of justice claim is that the jury were not told that the points of detail included in the confession had all been published in the national press on the day Stone was alleged to have confessed. They were told that Daley had been reading the Daily Mirror which contained some of the facts, but they were not told about the Daily Mail and The Times which had published the remaining facts.
On 21 December 2006, a High Court
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
judge decided that Stone should spend at least 25 years in prison before being considered for parole. This means that he is likely to remain behind bars until at least 2023 and the age of 63. In September 2007 it was announced that The Criminal Cases Review Commission
Criminal Cases Review Commission
The Criminal Cases Review Commission is an non-departmental public body set up following the Royal Commission on Criminal Justice itself a continuation of the May Inquiry. It aims to investigate possible miscarriages of justice in England, Wales and Northern Ireland...
(CCRC) is assessing if there is "any new evidence or anything to cast doubt on the safety of his convictions". CCRC spokeswoman said on Sunday: "His [Stone's] case file has been allocated to a case review manager."If there is any doubt over his convictions, then his case will be referred to the Court of Appeal. "We will look to consider whether there was anything that wasn't considered at trial or appeal." The spokeswoman added that the timescale for examining the case could be anything from a "few months to years".
On the 26 October 2010 the CCRC announced that they would not refer the case back to the Court of Appeal because they had found no new evidence to justify making a referral. They did not mention that the bootlace which had been dropped at the scene of the crime by the murderer, and which Stone had wanted to be re-examined to possibly identify a suspect who may have since been added to the DNA database, had been lost by the Kent police Exhibits Store. Only the exhibit bag previously containing the bootlace had been found, but the bootlace itself had gone missing.
Following the conviction of Levi Bellfield
Levi Bellfield
Levi Bellfield is a British serial killer. A former nightclub bouncer and manager of a car clamping business, he was convicted on 25 February 2008 of murdering Marsha McDonnell and Amelie Delagrange. He was also convicted of the attempted murder of Kate Sheedy...
for two murders of young women (both in blunt instrument attacks) and the attempted murder of a third (with the use of a vehicle) in February 2008, a website campaigning in favour of Michael Stone's innocence named Bellfield as a suspect for the Russell case, pointing out that Josie's description of the man fitted that of Bellfield and was quite different to the appearance of Michael Stone. A man fitting the description was also seen "panic stricken" and driving a Ford Orion
Ford Orion
The Ford Orion is a saloon car built by the automaker Ford for the European market from 22 July 1983 until 19 September 1993. A total of 3,534,239 Orions were sold throughout the car's 10-year life....
in the country lanes around Chillenden on that fateful afternoon. Bellfield was also familiar with that part of Kent as he had friends living around there and also visited the area to trade drugs and also for work as a nightclub bouncer and wheel-clamper. However, it is unknown whether Bellfield ever owned or had access to the Ford Orion that was seen in the Chillenden area at the time of the murders. However, it has since been established that he did have a beige Ford Sierra
Ford Sierra
The Ford Sierra is a large family car that was built by Ford Europe from 1982 until 1993. It was designed by Uwe Bahnsen, Robert Lutz and Patrick le Quément. The code used during development was "Project Toni"....
Sapphire at the time and later reported it as having been stolen, just as another car he owned was reported stolen in the aftermath of the murder of Surrey
Surrey
Surrey is a county in the South East of England and is one of the Home Counties. The county borders Greater London, Kent, East Sussex, West Sussex, Hampshire and Berkshire. The historic county town is Guildford. Surrey County Council sits at Kingston upon Thames, although this has been part of...
teenager Amanda Dowler
Amanda Dowler
Amanda Jane "Milly" Dowler was a 13-year-old English girl who was abducted on her way home from school in Walton-on-Thames, Surrey, on 21 March 2002, and subsequently murdered...
in 2002 (for which he was convicted nine years later). In the aftermath of that conviction, the police who investigated the Russell murders faced demands to re-open the case and establish whether it was Bellfield and not Stone who committed the crime.