TORONTO — A Toronto woman convicted of killing her seven-year-old stepson in 1998 has been granted day parole for six months.
Marcia Dooley and her husband were convicted in 2002 of second-degree murder for the death of his son, Randal, and they were both sentenced to life in prison, with Dooley able to apply for parole after 18 years and her husband after 13.
The couple tried to challenge their conviction, but the appeal was dismissed in 2009. Dooley told a parole hearing in 2020 that she and her husband had since divorced.
In a decision released last week, a two-member panel for the Parole Board of Canada said Dooley, 52, has shown an improvement in her behaviour during her time behind bars and has learned how to manage her emotions through counselling.
"Your actions took the life of a young vulnerable child and have caused lasting emotional and psychological harm to those who loved him," the board told Dooley in its decision.
"The Board notes that your progress has been steady over the course of your incarceration, and all contributing factors are now assessed as a low need for intervention."
Dooley must follow a number of conditions while on day parole, including that she take part in counselling to address reintegration stressors, and that she report all of her relationships. Dooley is also to have no contact with the victim's family, any children under the age of 16, or her ex-husband.
The board didn't order a hearing to grant the day parole and made its decision based on written submissions provided by Dooley, including two letters of support.
During trial, court heard that the victim, Randal, was brutally abused for months after he and his brother came from Jamaica to live with their father and stepmother in Toronto in 1997.
The court found Dooley was the one who fatally struck Randal and carried out most of the abuse, while her husband allowed it to happen.
Randal weighed only 41 pounds when he died in 1998, and had 13 fractured ribs, a lacerated liver, multiple brain injuries and bruises all over his body, court heard.
Dooley was denied day parole in 2020 when she sought to be released to a halfway house roughly 10 months after she was granted four unescorted, five-day absences from prison to help prepare her for life in the community.
The parole board noted then that she was not able to complete those stints away from the minimum-security prison due to complications related to the COVID-19 pandemic and that unescorted absences were an important step in her eventual reintegration.
The board granted Dooley four unescorted, 15-day absences in June 2021, however she was again unable to complete them because of pandemic restrictions.
In September, Dooley was granted a 60-day unescorted temporary absence, during which time she took part in community programs and had a good relationship with her parole officer, the board wrote.
"You have experienced stress, frustration, and conflict while in the community; however, the information before the board indicates that you have managed these situations in a pro-social and positive manner," the decision reads.
Day parole will allow Dooley to reintegrate into society, with the conditions placed on her offering some protections to the public, the panel said.
Dooley has completed Grade 12 education while in jail as well as certificates that will help her find future employment, it said.
This report by The Canadian Press was first published Dec. 13, 2022.
Maan Alhmidi, The Canadian Press