An Australian woman, who was sentenced to life in prison with a non-parole period of 33 years for poisoning four and killing three of her ex-husband’s relatives with mushrooms, has lodged an appeal to overturn her conviction.
In July, a jury found Erin Patterson, 52, guilty of murdering three of her ex-husband’s relatives and attempting to murder a fourth in the state of Victoria in 2023.
Patterson will be 82 when he is eligible for parole in November 2056, but documents released by the Supreme Court of Victoria on Wednesday showed Patterson made an application for leave to appeal his conviction on Monday.
In the documents, seen by ReutersThe seven grounds of appeal included that a “fundamental irregularity” occurred while the jury was sequestered. Local media, citing the court, reported that jurors remained in the same hotel as police and prosecutors for most of their deliberations.
“That has fatally undermined the integrity of the verdicts and requires vacating the convictions and an order for a new trial so that justice is not only done but seen to be done,” the documents say.
Patterson also claimed that various evidence presented, including location data from cell towers and messages from Facebook friends, was “unfairly prejudicial” or “irrelevant.”
Additionally, Patterson claimed that “a substantial miscarriage of justice occurred” due to the prosecution’s “unfair and oppressive” cross-examination when he testified over several days of the trial.
He suggested the prosecution’s opening and closing arguments also caused a “substantial miscarriage of justice” because they introduced a motive for the murder during their closing speech, but the Crown opened its case without alleging any motive.
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Patterson also claimed that Judge Christopher Beale, who was the judge appointed for his trial, had “erred” by not allowing “mushroom-related” photos and videos found in Patterson’s home to be presented to the jury.
The appeal paperwork says Patterson is a prisoner at the Dame Phyllis Frost Center and does not want to attend the appeal hearing in person, but would prefer a video appearance.
The Victorian state Court of Appeal said that while Patterson’s appeal had been lodged, it had not yet been approved as of Wednesday.
Patterson was convicted of killing her mother-in-law Gail Patterson, her father-in-law Donald Patterson and Gail’s sister, Heather Wilkinson, in a case that shocked the country and attracted international attention for its unusual circumstances.
The 12-person jury found she lured them to lunch at her home in Leongatha, a town of about 6,000, and poisoned them with meat Wellington boots containing death mushrooms.
She was also convicted of the attempted murder of Ian Wilkinson, Heather’s husband, who survived the 2023 meal.
Beale told the Victorian state Supreme Court that Patterson’s crimes involved a huge betrayal of trust.
“Your victims were all your relatives by marriage. More than that, they had all been good to you and your children for many years, as you acknowledged in your testimony,” Beale said.
“Not only did you cut short three lives and cause lasting damage to Ian Wilkinson’s health, devastating the extended Patterson and Wilkinson families, but you also inflicted unspeakable suffering on your own children, from whom you robbed them of their beloved grandparents,” Beale added.
The judge told Patterson that only she knows “why she committed” the crimes.
Patterson showed little emotion during the sentencing hearing in September and kept his eyes closed for much of it.
Both prosecution and defense attorneys agreed that life in prison was an appropriate punishment for Patterson for three counts of murder and one count of attempted murder.
Defense attorneys had asked that Patterson be eligible for parole after serving 30 years, but prosecutors argued that she should never be considered for parole because she did not deserve the court’s mercy.
In Canada, death mushrooms are present in many of BC’s forests but can also be found in urban environments associated with many imported tree species. According to the British Columbia Center for Disease Control, the fungi have been detected on Vancouver Island and in the Lower Mainland.
Death mushrooms look like common mushrooms, but should never be eaten. If you suspect that you may have consumed a death mushroom, you should seek emergency medical attention immediately.
Symptoms of death mushroom poisoning include low blood pressure, nausea and vomiting.
— With Reuters files
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