By Cam Fortems, Kamloops This Week

The mother of a Merritt man sent to jail for the murder of a teenage girl believes her son was falsely convicted and would be free if new limits on a controversial RCMP sting technique would have been in place 14 years ago.

Patrick Fischer was convicted after a second trial in the death of 16-year-old Darci Drefko, who was strangled and dumped in the bush.

Last month, the Supreme Court of Canada ruled that confessions made by a Newfoundland man who confessed in an RCMP sting — known as a Mr. Big scenario — to the murder of his twin daughters was not admissible because it was made under implied threat of violence and that police used too much coercion on a socially isolated man with limited intelligence.

The ruling is expected to reduce the number of convictions and rewrite the way RCMP conduct the Mr. Big operations, particularly its overtones of violence.

“I think it’s good for people coming up,” said Linda Fischer, a Dawson Creek mother who has never stopped believing her son was wrongfully convicted and jailed.

Following the first trial that ended up with a hung jury, Fischer was convicted of first-degree murder, which automatically carries a 25-year sentence before the possibility of parole.

After Drefko’s body was found in 1999 by a group of horseback riders in the mountains near Merritt, police targeted Fischer in a Mr. Big sting scenario. Like many Mr. Big operations, an undercover Mountie first approached Fischer on the street in the Fraser Valley, where he had moved, and asked him to help find a woman, showing him a picture.

The two became friends and the fictitious gang member offered Fischer a number of phoney, criminal-like tasks. He was on welfare at the time and was later completely off benefits.

“He had nothing but what they were giving him,” Linda said.

Eventually, Fischer was brought before Mr. Big, who told him the heat was on for Drefko’s death — something Fischer could make disappear if he confessed to the crime and gave all its details. Like all Mr. Big scenarios, Fischer was constantly told the gang lived by a creed of truth and that bad things happened to those who lied.

He was also promised a $20,000 job transporting drugs in the future.

Fischer, who drank beer provided to him, confessed to strangling Drefko. 

“Unfortunately, he’s good at telling stories,” Linda said. “The only evidence they had was that confession — 90 per cent of it was probably false … I don’t care who you are, you’re going to think your life is in danger. He didn’t think he’d get out of there alive unless he told them what they wanted to hear.”

Fischer later led an undercover Mountie to a location near where Drefko’s body was found by the riders.

News reports at the time could not describe the Mr. Big operation, which was covered by a publication ban. Those bans on Mr. Big sting details were later overruled by the Supreme Court of Canada.

In 2005, the B.C. Court of Appeal rejected Fischer’s claim the jury’s verdict wasn’t based on facts.

“He gave [to police] a wealth of detail about the homicide only the actual killer of Ms. Drefko could know,” the appeal court wrote.  

“The site he pointed out was a near perfect match of the location where the body was discovered, which is particularly damning because Fischer told the officers he placed the body in that location in the dark,” the appeal court ruling stated.

Fischer is now 37 years old and is not eligible for parole until 2025.

Linda said the Association for the Defence of the Wrongfully Convicted is preparing an argument to the federal minister of justice, permitted under the Criminal Code.

“He will eventually go to a 696 hearing (section 696 of the Criminal Code allowing appeal to the minister) — the last kick at the can,” Linda said. “He’s handling things well. He’s very patient.”

Fischer is being held in Mountain Institution in Agassiz, a medium-security prison.

Linda said he is head of the music club there and spends some of his time making jewelry boxes.