Karla Homolka - Appeal and Inquest

Appeal and Inquest

Homolka's plea bargain had been offered before the contents of the videotapes were available for review. As Anne McGillivray, Associate Professor of Law at the University of Manitoba, explained the continuing public antagonism against Homolka: There was widespread belief that she had known where the videotapes were hidden, that she wilfully concealed the Jane Doe incidents and, most centrally, that her claims of being under Bernardo's control – a central tenet of the plea bargain – were dubious. Speculation was fed by a publicity ban on the plea bargain which stood until Bernardo's trial.

Print and website sources imagined demonic duos, vampirism, Barbie and Ken perfect-couple perfect murderers, sexy "Killer Karla", the comic "Karla's Web" featuring Homolka's psychological confessions. The gaze centres, always, on Homolka (italics added).… That would be incarcerated for his mortal lifespan seemed a foregone conclusion. Homolka, in the popular view, should have taken her seat beside him in the prisoner's box and seat of ultimate evil.… Homolka promised full disclosure and testimony against Bernardo in return for reduced charges… and a joint sentencing recommendation. In so doing, she escaped central blame for the deaths."

Although the contents of the videotapes would likely have led to a conviction of murder for Homolka, an inquiry into the conduct of the prosecutors who had made the plea bargain found their behaviour "professional and responsible" and the "resolution agreement" that they had established with Homolka "unassailable" under the Criminal Code of Canada. Judge Patrick T. Galligan, reporting to the Attorney General on the matter, indicated that in his opinion "the Crown had no alternative but to … in this case" as "the 'lesser of two evils' to deal with an accomplice rather than to be left in a situation where a violent and dangerous offender cannot be prosecuted."

In December 2001, Canadian authorities determined that there was no possible future use of the videotapes. The six videotapes depicting the torture and rape of Bernardo's and Homolka's victims were destroyed. The disposition of the tapes of Homolka watching and commenting on the tapes remains sealed.