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Appeal denied in New York for notorious sex offender who committed crimes in N.S.

Appeal denied in New York for notorious sex offender who committed crimes in N.S.

CBC
Sunday, July 09, 2023 02:24:42 PM UTC

A sex offender incarcerated for two decades in Canada and declared a dangerous offender, but later extradited to the U.S. to serve time for crimes previously committed in New York, has lost his appeal to have his conviction overturned.

William Shrubsall, 52, is serving time in Marcy, N.Y., for sexually assaulting a 17-year-old girl and bail jumping. He was 24 at the time of the sexual assault.

While on trial in Niagara Falls, N.Y., in May 1996, he left a suicide note saying he was going to jump into Niagara Falls.

Within days, Shrubsall turned up in Nova Scotia. Before being arrested in June 1998, he committed a string of violent crimes and sex assaults.

Shrubsall was designated a dangerous offender in 2001 and given an indeterminate prison sentence.

A CBC News investigation revealed Canadian parole board members did not challenge factual misrepresentations made to them by Shrubsall in a 2018 parole hearing. Their controversial decision to parole him paved the way for his 2019 deportation to the U.S., sparking outrage.

In 2020, Shrubsall pleaded guilty to bail jumping and criminal contempt, but he appealed that, arguing in part that his constitutional right to a speedy trial was denied.

A court decision last month from the Supreme Court of the State of New York's appellate division, fourth judicial department, rejected Shrubsall's appeal.

"[T]he record establishes that the genesis of the extraordinary delay here was defendant's decision to absent himself from his ongoing sex offenses trial, leave a false suicide note, and abscond to Canada where, while using various aliases, he committed several violent physical and sexual attacks against women, thereby resulting in his convictions for various crimes, designation as a dangerous offender, and corresponding lengthy term of imprisonment in Canada," said the court decision.

As well, the decision notes that American authorities made "diligent, good faith efforts" to have Shrubsall extradited to stand trial for the bail jumping charge, but recognized there was a low likelihood Canada would do that.

Shrubsall also applied for parole recently, which was rejected.

The parole decision said "there is a reasonable probability that you would not live at liberty without again violating the law. Your release at this time would be incompatible with the welfare of society."

Shrubsall's next parole hearing will be in October 2024.

It's unclear how long Shrubsall will remain incarcerated. The combined duration of his sentences range from about four to 13 years, and he's been serving time in the U.S. since January 2019.

Read full story on CBC
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