This story has been updated from its original version B次元官网网址� Oct. 23, 2:30 p.m.

An American man who served time in a Canadian prison for the murder of a Victoria woman in 1978 has been dismissed of charges for killing another woman in Port Angeles that same year, after a judge in the U.S. found his right to a speedy trial was violated.

On Oct. 17, Superior Court Judge Brian Coughenour ruled in favour of dismissing the first- and second-degree murder charges against Tommy Ross, Jr. in the death of 20-year-old Janet Bowcutt, saying RossB次元官网网址� constitutional right to a speedy trial had been violated by the 40-year delay.

B次元官网网址淚tB次元官网网址檚 the most egregious violation in the history of American jurisprudence,B次元官网网址� said Lane Wolfley, RossB次元官网网址� attorney.

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Ross was convicted of strangling 26-year-old mother of two, Janice Forbes to death May 14, 1978 B次元官网网址� MotherB次元官网网址檚 Day B次元官网网址� at her Queens Avenue apartment in Victoria and served 38 years in prison for the crime.

Weeks earlier, Bowcutt was also strangled in her Port Angeles home, on April 24, 1978 with her six-month old son in the apartment.

When Ross was arrested later that year in Los Angeles on unrelated charges, the 20-year-old was charged in the murders of both women, but was extradited to Canada to face trial there first.

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Dismissing a case on such grounds is B次元官网网址渁lmost unheard ofB次元官网网址� as was the mishandling of evidence and unreliable police records, according to Wolfley who said officers in both Clallam County and Victoria B次元官网网址渞eally messed up.B次元官网网址�

In the U.S. any time frame over one year is considered B次元官网网址減resumptively prejudicialB次元官网网址� and prosecutors in RossB次元官网网址� case waited four decades, Wolfley said, even though they had grounds to pursue the case.

B次元官网网址淎ll they had to do was ask,B次元官网网址� he explained. B次元官网网址淏ut, more likely, they didnB次元官网网址檛 want to be bothered. Out of sight, out of mind.B次元官网网址�

For the Bowcutt family, Wolfley said: B次元官网网址淚tB次元官网网址檚 got to be such an unsatisfactory conclusion.B次元官网网址�

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The theory Wolfley has always believed is that Ross was framed by both American and Canadian police who forged fingerprints and relied on vague, circumstantial evidence to force a confession from Ross that was never recorded, and that he denies giving.

B次元官网网址淲hen it comes to an uneducated, illiterate, 20-year-old black kid from California, it worked,B次元官网网址� Wolfley said.

Ross was sentenced to 25 years to life in 1979 for ForbesB次元官网网址� murder and released on parole from an Abbotsford prison in November 2016 having served 38 years.

He was promptly deported and arrested at the border in Blaine, Washington and sent to Clallam County jail where he has been held on $1.5 million bail ever since.

To this day, no one knows why Ross was sent back to Victoria; theories have been floated that the Clallam County Prosecuting AttorneyB次元官网网址檚 Office felt a conviction in Canada would help their case or that Ross agreed to be extradited to avoid the death penalty in Washington State.

B次元官网网址淚 canB次元官网网址檛 make heads nor tails out of it,B次元官网网址� said Wolfley. B次元官网网址淲hen [the prosecuting attorney] did that, he lost control over Mr. Ross.B次元官网网址�

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For 40 years, Ross has maintained his innocence in both killings B次元官网网址� Wolfley agrees, but believes the two are linked. B次元官网网址淭he same hand that committed one murder committed the other.B次元官网网址�

Ross plans to return to California where his 10 siblings reside, to help take care of his elderly mother. Wolfley said heB次元官网网址檚 excited, but confused, unable to believe it until his freedom is returned.

There is no dispute of the facts, and the court, in dismissing the case, reached the only possible outcome, Wolfley said.

B次元官网网址淚f you had 1,000 judges across the U.S. look at this, they would all reach the same conclusion.B次元官网网址�

Ross was released Oct. 23 following a 9 a.m. hearing in Clallam County court.

In an email statement, Clallam County prosecuting attorney Mark Nichols said his office will B次元官网网址渁ggressively and immediately appealB次元官网网址� the ruling.

B次元官网网址淲hile we respect the court, we strongly disagree with the decision,B次元官网网址� Nichols said. B次元官网网址淢r. RossB次元官网网址檚 Victoria conviction and history of attacking women in their homes is extremely dangerous behavior and poses a continuing likelihood of substantial harm to the public.B次元官网网址�

- With files from Paul Gottlieb

@kristyn_anthony
kristyn.anthony@blackpress.ca
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