
ยทS2 E61
The Trial: Murder, mercy and misery
Episode Transcript
It was like a band aid coming off.
For eleven weeks, we saw witnesses talking to facts, we saw experts going through technical evidence.
We heard Aaron Patterson coldly and calmly lying on the stand.
But today at Aaron's plea hearing, raw emotion poured out as the people she hurt told of their pain.
I'm Brooke Greebert Craig, and this is the Mushroom Cook once again.
I'm joined by a court reporter, Laura Plassella.
Speaker 2And today has been a very emotional day, as you just alluded to.
Speaker 1Yes, it was Aaron Patterson's plea hearing.
Laura, can you explain to our listeners what exactly that is.
Speaker 2We've touched upon it a few times in previous episodes, and it's also called a pre sentence hearing.
But this is when everyone comes together to lay down their arguments for the sentence erin should be ultimately handed down.
But before all of that can happen, the love ones of the victims are given an opportunity to read out their victim impact statements.
And this was a very powerful hour that we had in court today.
Speaker 1Yes, so several family members attended court and that included The only guest that survived the lunch, Ian Wilkinson, and also Aaron's only friend, Allie Pryor.
Speaker 2Yes, and Ian was surrounded by family as well, including his daughter Ruth du Bois.
But there was one person that was notably missing today.
It wasn't there.
Speaker 1Yes, Simon Patterson, Aaron's estranged husband, did not attend and we don't know why.
Speaker 2No, we don't.
But those who did attend court today had to travel quite a bit more than usual.
Unlike the trial that we all know was held in Morewell, today's plea hearing was held in Melbourne.
Speaker 1Yes, at the Supreme Court, and Aaron was transported in a custody van to the court and Harold's son, photographer Jason Edwards, actually managed to snap some photos of her when she was exiting the van.
Speaker 2And these were some incredible photos.
I work out of the Supreme Court here in Melbourne and when we do have accused or convicted criminals coming to court for hearings, there is a moment where they walk out of the van and walk into the court where we have an opportunity to get some great photos.
But it can be pretty challenging.
There are big gates at the Supreme Court and authorities don't always want these people getting photographed, so they can make it a little bit difficult for the media.
But Jason was able to find a really great vantage point to get these shots we've been talking about.
Speaker 1I'm looking at them now.
They're fantastic.
There's one in particular where Erin is looking up above and it's almost like she's looking up to Peaven and God.
Speaker 2It's a very religious shot.
Speaker 1Yes, and she's wearing a brown cardigan and she looks a little bit disheveled, and her hair's tied back into a ponytail.
Speaker 2And a comment actually got made today by one of the other journalists covering the case that it appeared she was wearing mushroom a lot of brown in that outfit and the Paisley blouse that we saw her wear quite a lot during the trial.
Speaker 1Okay, so let's move on.
So we heard seven victim impact statements read out in court today.
Speaker 2So first up was Ian.
He was then followed by his daughter Ruth, so they both read out their statements in person.
Then Crown Prosecutor Nnette Rodgers read the statement of Gail and Heather's sister Lynette Young and then after that, the baton was handed to a member of the Pattison family.
She is Don's niece.
Her name is Naomi Gladau, and she read out the remaining statements.
So those statements were penned by Don's one hundred year old mother, Martha Patterson, who I don't think we realized was actually still alive, as well as Don's brother Colin Patterson, Don's nephew Tim Patterson, and finally Simon Patterson.
Speaker 1Yes, so let's jump straight into Ian's statement straight off the bat I have to say it was quite heartbreaking to listen to the emotion in his voice.
Speaker 2Yes, yes, I think I've mentioned previously that plea hearings can be some of the most emotional days for US court reporters because we really are bearing witness to these people grieve very publicly and tell the court exactly how these crimes have impacted their lives, and they can be very poignant at times.
And we know Ian is a pastor for many decades now.
He addresses his congregation every Sunday, and you can really see that he's a wordsmith.
Speaker 1Yes, definitely, so.
Ian said that Heather was compassionate, intelligent, brave, witty and simply a delightful person.
Here's more of what he said.
These are his words, but not his voice.
Speaker 3Like everyone else, she had faults, but she actively sought to overcome them so she could live peacefully and constructively with all people.
She was generous in her attitudes and with her resources.
If she could help somebody, she would.
Heather had a great sense of humor, and it was a joy to be in her company.
She loved learning and had a special interest in languages.
Speaker 1Ian then started to cry as he told the court that he had been married to Heather for forty four years.
Speaker 3Heather was always supportive and encouraging to me.
She was wise and had skills that made up for my shortcomings.
Together, we face life as a team, and we delighted in each other's company.
He went on to say, I could go on.
There's so much more that deserves to be said about Heather.
It's one of the distressing shortcomings of our society that so much attention is showered on those who do evil and so little on those who do good.
The greatest impact of Erin's actions on me has been to deprive me of Heather's company, and Heather's important place in our family.
The silence in our home is a daily reminder.
I continue to carry a heath the burden of grief over her untimely death.
It's a truly horrible thought to live with that someone could decide to take her life.
I only feel half alive without her.
Speaker 2It was at this point that Ian appeared to be overcome with emotion.
He dropped his tissue and bent over to pick it up.
He then took a moment to compose himself and continued.
He told the court that his only consolation was that one day he will be reunited with Heather.
He then said the second greatest impact of Erin's crime was losing Doningale.
Speaker 1Ian also mentioned that he nearly died and it had taken him two years for his health and strength to improve, although he did make it clear that he has never really fully recovered.
Speaker 3He went on to say, I'm distressed that Aaron has acted with callous and calculated disregard for my life and the life of those I love.
What foolishness possesses a person to think that urder could be the solution to their problems, especially the murder of people who had only good intentions.
Towards her.
Speaker 1After taking a sip of his water, he continued.
Speaker 3In regard to the many harms done to me, I make an offer of forgiveness to Erin.
I have no power or responsibility to forgive harms done to others.
In regards to the murder of Heather, Gail and Don, I am compelled to seek justice.
However, I encourage Erin to receive my offer of forgiveness for those harms done to me.
I bear her no ill will.
Speaker 2He then sent Erin one final powerful message.
Speaker 3My prayer for her is that she will use her time in jail wisely to become a better person.
Now I am no longer Aaron Patterson's victim, and she has become the victim of my kindness.
Speaker 1Next up was Ian's daughter Ruth.
I have to say it was really lovely seeing Ian standing next to her and supporting her her while she was reading her statement.
She began by talking about her beloved mother, Heather.
She was one of my closest friends and someone I cherished deeply.
She was the person who comforted me and lifted me up.
Speaker 4She was someone I trusted with both the best parts and the worst parts of myself.
Knowing there would be no judgment.
Life feels less bright without her.
Speaker 2Ruth went on to say that she and her siblings grew up in a home that was shown love, empathy and compassion, but it was these qualities that were used to lor Heather, Gail and Don to their deaths.
Here's more of what she said.
Speaker 4The world seems colder and harsher knowing this, and for the offender to sit and watch over casual conversation as well, these people who showed nothing but love and care for her ate a meal that would kill is beyond anything I could put words to.
The following days were in stark contrast.
The events we witnessed in hospital were an endless nightmare, and now we have heard in court how seemingly normal life continued for the offender.
It is difficult to comprehend how someone could spend months planning this out, researching, collecting the items needed, making the lunch invitation, preparing the meal, sitting through eating it, and then to carry on with normal life, all while knowing tremendous harm that was being caused, followed up by the extraordinary lies and the absolute lack of care shown to the victims.
There are multiple times through this process.
She could have stopped, she could have canceled the plans, she could have thought about the consequences, she went on to say, instead, at every step of the way, she chose to follow through.
Speaker 1Ruth also mentioned that she constantly felt a weight of sadness of the wider impacts of Aaron's crimes.
I thought it was quite compassionate that she mentioned a range of different people that had been affected.
Speaker 2Yes, she was really acknowledging the victims in this case that almost go unnoticed.
She mentioned the medical staff, the shop owners who had their names and businesses scrutinized, the mushroom industry, and even the taxpayer.
Speaker 4The list just seems endless.
I'm horrified that our family is even associated, through no choice of our own, with such destructive behavior towards the community.
This crime has changed every part of my life.
My life will never be the same.
Speaker 1We then heard a range of different statements read on behalf of Gale and Heather's sister, Don's mother, and Don's brother, before we finally heard from Simon.
Speaker 2That's right, Brooke, to again remind our listeners.
Simon didn't attend the hearing today, but to bring his words to our listeners, we're going to use the same actor who has voiced Simon in the past.
He began by describing how much he missed his parents and his aunt.
Speaker 5I'll be aware for roughly the next thirty years that they could still be alive if Heron had not chosen to murder them.
Praise God that at least em Marakis survived.
He went on to say, their credible love, support, wisdom, knowledge, intelligence, warmth, gentleness, godness, and humor in both spirit and truth are gone.
My children, two children, are left with our grandparents as the result of these murders.
They've also been robbed of hope for the kind of relationship with their mother that every child naturally yearns for.
Like all of us, they face the dawning challenge of trying to comprehend what she's done.
The grim reality is they live and an irreparably broken home with only a solo parent, when almost everyone knows their mother murdered their grandparents.
None of these hurdles that my children face are easy for them to overcome.
The fact these foreseeable hurdles were actively put in front of them by their own mother is an impact we will wrestle with for the rest of our lives.
Speaker 2So after Simon's statement was read out, the court actually adjourned for a few hours.
I must say it felt like a well can break because it was a very emotionally charged hour.
We came back at two point fifteen and the first person we heard from was actually a witness, and she was a prosecution witness who had been called to provide an insight into Aaron's life behind bars.
Her name is Jennifer Hosking.
She is the Assistant Commissioner of the Sentence Management Division at Corrections Victoria.
The title is quite a mouthful.
She was being questioned by Crown Prosecutor Jane Warren, who initially focused Miss Hosking on the timeline of Aaron's time at Dame Phyllis Frost Center.
We won't confuse our listeners with all of the dates because there were a lot, but it appears that since November twenty twenty three, when Erin was charged, she has been moved between two different units within the prison.
One is the Murray Protection Unit and the other one is the more restrictive Gordon Management Unit.
And the court heard that for about fourteen months Erin has been housed in that more restrictive unit.
She has a small cell that has a very small courtyard at the rear.
According to a defense team, she spends twenty two to twenty four hours a day in that cell, and she isn't afforded many luxuries.
They say that she has limited access to the library, limited access to exercise equipment, and isn't really able to socialize with any inmates.
Speaker 1But she is able to socialize with another inmate within the Gordon unit, and that is Air convicted terrorists.
Speaker 2That's right.
It appears that their cells are next to each other and they both have those courtyards I was mentioning, so they're allowed to go out onto those courtyards and talk to each other.
But according to defense barrister Colin Mandy, Aaron has never once spoken to this terrorist.
Speaker 1Yes, that's right.
And we also did hear that Aarin has access to things like a hair straightener, she can watch TV, she can go on her laptop, so there are little luxuries that she does get within this unit.
Speaker 2But you haven't mentioned her hobby.
We actually found out today that Erin has a passion for crochet and in her cell she has access to wool and some other materials that she uses to make items such as blankets.
Speaker 1But despite these luxuries, mister Mandy said, her conditions have been quite harsh.
Speaker 2Yes, and that was one of the main points he made today.
So to bring our listeners back to the overarching arguments that came out of today from the prosecution and defense, I'll start by saying that they actually, for once in agreeance about something, and that is the fact that they both agree Erin should be sentenced to a maximum term of life imprisonment.
Murder does carry a maximum penalty of life imprisonment, and mister Mandy said that he can't argue that that is not what should be imposed by Justice Christopher Bielee.
But where they do differ is the minimum sentence.
So the prosecution said today that they believe Justice Biel should sentence Erin to life without parole, and that essentially means they say she should die behind bars.
But on the other hand, mister Mandy said that Erin should be given a non parole period, which means at some point in the future, maybe thirty thirty five, forty years, she'll be allowed to apply for parole and if the Parole Board grant her application she can be freed to live out the rest.
Speaker 1Of her days, and mister Mandy said, the harshness of her prison conditions is one of the reasons why she should be given a non parole period exactly.
Speaker 2And we did get an insight today into some of his other arguments.
Both parties have been allowed to hand Justice Biel written submissions, so we don't know everything that is before his honor.
But one thing that came up is that the defense have claimed that Erin has Asperger's syndrome.
But Justice Biel appeared to be a bit skeptical about this today and he asked mister Mandy whether or not there was any evidence to back up this claim.
Speaker 1Yes, so we heard that there was no medical diagnosis, and Justice Bill even said something along the lines of Aaron's claim not having a lot of credibility.
Speaker 2Exactly, And like you said, Brook, this is because there isn't any medical diagnosis.
The prosecution made the point today that this claim is just hearsay because family members have mentioned that Aaron believed she had autism and that Simon may have made a comment about that in the past.
However, mister Mandy did concede today that while Erin does maintain her innocence, she did stand to be sentenced for very grave offending.
Obviously, the jury returned a guilty verdict, and he said that the defense is in no other position but to agree that Erin did have the intention to kill at the time she served the Beef Wellington meal.
But he did flag with Justice Biel today that there were a number of disputed facts that were still in the realm of speculation.
He said, despite the jury's verdict, Justice Bill could not be certain when the death caps were sourced, where they were sourced, and with what intention they were sourced.
And I might just mention that before Justice Biel's sentences Erin, he does have to reach a number of conclusions himself, almost like the jury would happen.
Speaker 1So that was the defense.
Now what did the prosecution have to say?
Speaker 2As we touched upon earlier, the prosecution said today that straight out Aaron should not get a non parole period, and they said this was because the seriousness of her crimes.
Miss Warren actually quoted another Supreme Court justice who sentenced rapist and murderer Michael Cardamone to life without parole in twenty seventeen.
He said back then that sometimes a crime is so horrific, so cruel, and so callous, that a step towards mercy seems too difficult to make.
And Miss Warren really used these words today when she told Justice Biale that what Erin had done was also so cruel and so callous that she was not deserving of mercy, and Justice Biale actually agreed with her that the offending was quite horrendous, although he did flag with her that he had some concerns that Erin may for the foreseeable future remain in that unit at Dame Phyllis Frost Center.
He said it did not sound very humane for a person to be locked in a cell for at least twenty two hours every day.
He was of the belief that her notoriety is not going to diminish.
Miss Warren did disagree with him on this point, and she said that the interest in who she is would likely diminish, and even mentioned the Port Arthur mass murderer Martin Bryant, and she said that they wouldn't be too many twenty year olds walking around these days who would know who he is.
But Justice Biale quickly replied, did they make a TV series?
Out of Martin Bryant, obviously alluding to the fact that there will be drama series created about Erin, and then told Miss Warren that he feels fairly confident that Erin will remain notorious for a long long time.
Speaker 1Now we found out a sentence day, when will that be taking place?
Speaker 2Justice Beer revealed today that he plans to sentence Erin on September eighth, so that is a fortnight away.
He told the court that he wanted to do this in Morewell, where the trial took place, but due to maintenance works, it does look like it will be here in Melbourne before we wrap up.
There was one thing that Justice Beale said today that I think we really should mention because it really speaks to the emotion of today.
He said that the victim impact statements read out to him and those provided to him as well, brought home how Aaron's crimes have affected four generations of the extended Patterson and Wilkinson families.
He said, the word ripple effect is often mentioned, but this felt more like a tsunami than a ripple and.
Speaker 1He couldn't be more right exactly.
So, Laura, you and I will be back in two weeks, but before then we may have one or two more episodes to bring to you.
Speaker 2Until then, Brook