Cherrylle Dell

Case details

Cherrylle Dell poisoned her husband, Scott Dell, with antifreeze-laced wine.

The offence

Scott Dell was found dead in his Killaloe farmhouse in the early hours of December 29, 1995. His death was originally considered a suicide, and his intake of a lethal dose of antifreeze-laced wine was blamed on depression due to the separation and a diagnosis of cancer. Police later accepted evidence that Scott Dell was murdered by poisoning.

Cherrylle Dell was convicted of first-degree murder for the December 28, 1995 killing of her husband, Scott Dell, in Killaloe. At trial, the Crown presented a case that Dell duped Scott Dell into drinking a mixture of wine and antifreeze, including testimony that she kept him on the phone and encouraged him to drink it through the night.

The evidence included handwritten notes that Scott Dell was making while drinking lethal wine and that were later described in court. The notes included the following lines, written verbatim:

"What did you think was going to happen if I drank a bottle of wine, listening to music we used to listen? I'm going to think about you and me together. I feel like holding you close to me like never before. I feel like making love to you. I feel like all the bad stuff would go away. You and I are stuck because of all the bad stuff that has happened to us (in the) last three years. We need to make it go away,"
"I was probably supposed to die but my life was spared. I don't know why. That bothers me. "Our lives are going by so fast,"
"What did you think was going to happen if I drank a bottle of wine, listening to music we used to listen to? I'm going to think about you and me together. I feel like holding you close to me like never before. I feel like making love to you. I feel like all the bad stuff would go away. You and I are stuck because of all the bad stuff that has happened to us (in the) last three years. We need to make it go away"

In court, the handwritten notes were described as being seized when police investigated Scott Dell’s death, and they were presented in the courtroom where Cherrylle Dell stood accused.

Investigation

Nancy Fillmore told police that she saw Dell mix antifreeze into wine and that she watched Dell offer the bottle to Scott Dell as a gift. Fillmore also alleged that after giving the poisoned wine to her husband, Dell “got out her witchcraft books and lit candles and was saying ... weird ... rituals or prayers.”

Fillmore’s allegations supported the homicide theory rather than suicide, and she was described as the information source that led to Dell’s arrest.

In connection with the trial, evidence was heard about the contents of bottles prepared by a police officer. The trial included examination of eight 1.5-litre Piat d’Or wine bottles prepared for court, containing various mixtures of wine and Prestone antifreeze, with colours ranging from almost fluorescent green to light yellow depending on the amount of antifreeze included.

Verbatim quotes attributed to Nancy Fillmore included the following statements as played in court during the trial:

"I watched her pour the antifreeze into the wine,"
"I was freaking out and she kept telling me to shut up. I went along with it."

During a taped police interview, Fillmore also described observing Dell’s behaviour:

"I was freaking out and [Cherrylle] kept telling me to shut up,"

Fillmore described Dell telling her to remain quiet so she would not be seen as the jealous lover:

"otherwise Fillmore might be seen as the jealous lover who poisoned Mr. Dell."

Fillmore also described Dell giving the bottle and then doing rituals:

"got out her witchcraft books and lit candles and was saying ... weird ... rituals or prayers."

Fillmore also provided statements about Dell’s alleged words and the spiritual setting connected to the poisoned wine. In trial evidence described via taped interviews, Fillmore told police that Dell said she would keep the answering machine off or sit by the phone all night:

"She (Mrs. Dell) said she would keep the answering machine off or sit right by the phone all night until he just needed to stop talking,"
and described Dell telling her Scott Dell could see an “angel spirit”: "He was saying ... 'You're here with me. I can see your angel spirit,' "

Fillmore told police about Dell’s assertion regarding spiritual visions:

"She was loaning him books and one of them was this (The) Celestine Prophecy, and it was about important coincidences in your life. "So she used that in this dialogue ... 'this is an important coincidence -- I had a dream, you're supposed to drink some wine and have visions and I just happen to have a bottle of wine,' "

Fillmore also described a quotation attributed to Dell about ending relationships and killing:

"This is how you end all your relationships, don't you?"
"Well, at least I don't kill them."

In another part of the trial evidence, Fillmore described calling the setting a “spiritual journey.” She told police:

"She said she was trying to help him on his spiritual journey,"
and described Dell’s dream explanation: "She was loaning him books and one of them was this (The) Celestine Prophecy, and it was about important coincidences in your life."

The investigation included a pathologist’s findings after the death. An Ottawa pathologist found the cause of death to be ethylene glycol poisoning and noted there was “no evidence of carcinoma.”

Dell was also later charged in connection with a separate death, the August 1997 fire death of Fillmore.

Arrest and charges

Cherrylle Dell was charged with first-degree murder in connection with Scott Dell’s death after Nancy Fillmore told police that Dell planned to kill him with a laced bottle of wine. She was later also charged with first-degree murder in connection with Nancy Fillmore’s death in August 1997, and the Crown alleged that Dell seduced Brent Crawford into setting Fillmore’s house ablaze.

The charges in the separate matter were discussed as proceeding to a further first-degree murder trial, and Crawford was described as being 16 at the time of the killing and later convicted in Fillmore’s death.

Trial

Court and jury

Dell’s first-degree murder trial regarding Scott Dell’s death was conducted without a jury.

Ontario Superior Court Justice James Chadwick presided over the non-jury trial.

During the trial, the defence argued that Scott Dell had committed suicide in a fit of depression, including arguments that the Crown had failed to prove the death was a homicide and that the judge ignored physical evidence supporting the suicide theory.

Evidence and witnesses

The Crown presented evidence through multiple witnesses. The trial included discussion of the alleged motives and the credibility of witnesses, including Nancy Fillmore’s videotaped interviews that were played as evidence subject to a voir dire (a trial within a trial) for admissibility.

Judge Chadwick ruled against allowing videotapes of Nancy Fillmore as evidence, describing them as insufficiently reliable. The trial also included rulings on admissibility of other evidence.

Judge Chadwick excluded a videotaped police interview with Brent Crawford, a Killaloe teenager, on the basis that it was insufficiently reliable after Crawford said in police interview that Dell asked him to set the fire that killed Fillmore but testified to the contrary at Dell’s trial.

Judge Chadwick also disallowed evidence from Dr. Antoon Leenaars, identified as a Windsor psychologist and expert in suicide.

Defence counsel

Defence counsel Robert Selkirk and Michael March were described as winning key legal arguments, including arguments for a judge-only trial rather than a jury. Another defence lawyer Robert Selkirk was also described as calling witnesses and seeking exclusion of evidence.

Opening and progression

The Scott Dell murder trial was described as beginning in November at Pembroke, and subsequent proceedings were described as resuming on dates including Jan. 15 and continuing with the hope of a decision before the end of January.

The trial included deliberations described as days of testimony by witnesses and consideration of videotapes and other evidence.

Quotations in court

During sentencing proceedings connected to conviction, the mother of Scott Dell, Myra Dell, reacted with disbelief. Verbatim quotes attributed in the reports included:

"I don't believe it,"
"We went in with misgivings. We thought it would go either way ... even though we knew she was guilty,"

Cherrylle Dell mouthed to her mother when being led out of the courtroom:

"I love you, Mom. I love you."

Sentencing

In February 2001, Cherrylle Dell was sentenced to life imprisonment with no chance of parole for 25 years.

The sentence was described as immediately following her first-degree conviction. The conviction and sentence were described as concluding the two-month trial.

Appeals and related proceedings

Cherrylle Dell’s appeal of her conviction was rejected by the Ontario Court of Appeal.

In March 2005, it was reported that she lost her antifreeze poisoning appeal. The three-judge Ontario Court of Appeal ruled that the trial judge had made a reasonable verdict based on evidence. The court rejected defence arguments that the Crown failed to prove the death was a homicide and that the trial judge ignored physical evidence supporting the theory that Scott Dell committed suicide.

The Court of Appeal also noted that while in custody, Dell told another inmate she "had" to put antifreeze in her estranged husband’s wine in December 1995 because he was "dying anyways."

Outcome

Cherrylle Dell was found guilty of first-degree murder for poisoning her husband, Scott Dell, with antifreeze-laced wine, and she was sentenced to life imprisonment with no chance of parole for 25 years in February 2001.

Other details

Family and relationship context mentioned during the proceedings

Scott and Cherrylle Dell married when he was 19 and she was 17. They separated in 1992 after more than 20 years together.

Cherrylle Dell and Gay Doherty were described as inseparable until Ms. Doherty ended the affair. It was stated that Ms. Doherty broke off the affair because she began to feel suffocated.

The report described that after Ms. Doherty broke up with Dell, Dell later began a relationship with Nancy Fillmore, described as the children’s nanny.

Children and alleged child welfare issues discussed

The Crown alleged Dell wanted exclusive custody of their three children. Child welfare authorities removed the children from Mr. Dell’s custody until allegations were proved false in court.

In Fillmore’s allegations to police, she alleged Dell locked her children in their rooms, drugged them with sleeping medication, and neglected them. A former friend of Dell, Kim Knott, also testified about alleged drugging and bed-soaking with urine. The testimony described Gravol and cold medicine being used at bedtime and that Knott had to wash the children’s sheets after they soaked their beds with urine.

In evidence discussed during the trial, family services worker Nisha Stoparczyk said upon visiting Dell she found adequate food and no locks on the children’s doors as alleged, and that Dell told her she had been expecting the visit.

Health and suicide claims discussed

Scott Dell was described as having throat cancer and had broken up with his girlfriend. At the time of his death, depression due to separation and cancer was blamed for a suicide theory.

It was stated that the autopsy found no trace of cancer in his body. The suicide theory was also challenged by evidence that no evidence of carcinoma was found.

Witchcraft and ritual evidence

In court evidence, Nancy Fillmore was quoted in relation to Dell’s “witchcraft” behaviour. A police interview quotation attributed to Fillmore included:

"No. It was right after,"

Fillmore described the ritual-like activity:

"She got out her witchcraft books and lit candles and was saying all these weird, I don't know, what you call them, rituals or prayers or whatever."
"They don't make sense to me because that's not what I believe in,"

Gay Doherty testified about a similar event, stating:

"She went and purchased ... some kind of waxy material and did this voodoo thing, made it look like Scott, and put ropes and ribbons and pins in it, said certain things over it, and then I think she buried it,"

Trial details about the death scene

Gay Doherty testified she discovered Scott Dell’s body, describing him as in a fetal position on the floor of his son’s room, calling out:

"I started screaming, 'He's here, he's here,' "

Doherty also described the death scene she found at Dell’s home, stating there was:

"a bottle of wine sitting on a little desk with a phone in the hallway,"
and that there was an oily substance in a nearby wine glass.

She also described Mr. Dell as being a “really strange blue colour,” and that his fingers were “a really strange blue colour.”

Comments made by others during sentencing and later

In relation to parole considerations, Myra Dell, Scott Dell’s mother, was quoted describing her view of early release:

"conniving"
and also stating: “We were so glad when she was put away. I can’t imagine if she was out, I really can’t,”
“You know how some people are in jail and you have to feel sorry for them? All I felt for her was such a relief that she was in there because she caused so much harm for everyone. She really and truly did,”

Elsa Steenberg, a close friend of Scott Dell, was quoted:

“no way” Cherrylle Dell should be released early.

“Faint hope” parole application and eligibility

More than fifteen years into her life sentence, Cherrylle Dell filed an application for “faint hope” parole. Her Ottawa lawyer Jeffrey Schroeder stated that she had filed her prison records along with written submissions to Ontario’s Chief Superior Court Justice Heather Forster Smith, and that a judge would review the material and if a “substantial likelihood” existed that a jury would recommend early parole, a hearing would be scheduled.

Schroeder described the legal process and parole mechanics, and quoted as saying:

“When the jury recommends immediate parole eligibility, that just means you can get into the line,”
“It means nothing whatsoever about opening the steel doors and out you pop,”
“That is completely and utterly a myth, if anyone holds that opinion.”

He also said it typically takes four to five years before full parole might be granted.

Cherrylle Dell was described as being eligible for parole in 2022.

Schroeder also stated Dell was nearly killed in prison after being attacked by another inmate with a metal rod shortly after she was first incarcerated, and that she received “devastating” physical and psychological injuries. He stated that Dell delayed access to prison programming and later earned certificates for rehabilitation programs, including cognitive therapy, and received positive psychological assessments.

Schroeder also stated she had been transferred to Ontario’s Grand Valley Institution for Women in Kitchener to be closer to supportive family members and friends.

Separate matter involving Nancy Fillmore and Brent Crawford

Cherrylle Dell was charged in connection with the August 1997 fire that killed her lesbian lover, Nancy Fillmore.

The report described that Fillmore died in a fire in August 1997.

Brent Crawford was described as being 16 at the time of the killing, and he was later convicted of first-degree murder in Fillmore’s death. It was also stated that Dell and Crawford faced separate trials.

A teenage accomplice in the Fillmore killing was expected to plead not guilty and stand trial under the Young Offenders Act.

In discussion of evidence, a letter police found, allegedly in Crawford’s handwriting, was quoted:

"So instead of cutting her neck, I flipped over all the tables with the candles and leave,"

It was also reported that Crawford allegedly told his mother in a taped phone call from jail that he had been smoking marijuana with Dell and killed Fillmore while he was high because "she was going to testify against someone in court ... she was the star witness."