Appeal Campaign for Atif Rafay and Sebastian Burns: Timeline

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timeline 1994–2005

12 July 1994	Dusk Tariq, Sultana and Basma Rafay are attacked in their home in Bellevue, Washington. Tariq and Sultana Rafay die during the attack.
13 July 1994	2 a.m. Sebastian and Atif discover the bodies of Tariq and Sultana Rafay and call 911. Early morning Basma Rafay dies in hospital from injuries inflicted the previous night. 2 a.m. to 8:30 a.m. Sebastian and Atif are up all night with police, mostly at the Bellevue Police Department. Atif submits to a second interview with Detective Thompson at 6:50 am and Sebastian submits to a second interview with Detective Thompson at 7:30 am. Sebastian and Atif provide police with their clothing. Sebastian and Atif are examined by an alternative light source for evidence of blood spatter. Sebastian and Atif are examined for gun shot residue. 8:30 a.m. Officer McBride takes Atif and Sebastian to buy clothes (all stores closed) and to eat breakfast. Mid-morning Officer McBride takes Sebastian and Atif to a local dive, the now-demolished Bellevue Motel. For their stay in Bellevue, Sebastian and Atif do not have any money, any of their personal belongings, or access to a telephone. Mid-morning to 2 p.m. Sebastian and Atif rest at the Bellevue Motel. 2 p.m. to 6 p.m. Detective Robert Thompson arrives at Bellevue Motel. Sebastian and Atif accompany him to the Bellevue Police Department for further questioning, fingerprinting and photographing. Evening Sebastian and Atif rent a VCR and movies.
14 July 1994	Early afternoon Sebastian and Atif go to Barnes & Noble Book Store. 3 p.m. to 6 p.m. Detectives Gomes and Thompson intercept Sebastian and Atif at the book store and request separate third statements from each boy. Atif provides a 3-hour taped interview and Sebastian provides an 1.5-hour taped interview to the Bellevue investigators.
15 July 1994	Morning Canadian consulate employee Cindy Taylor-Blakley obtains permission from the Bellevue Police Department to return Sebastian and Atif to Sebastian’s parents in Vancouver BC. She meets them at the Greyhound bus station.
15 July 1994	10 a.m. Detective Thompson learns that the Rafay funeral will take place that day.
15 July 1994	Evening Sebastian and Atif are at the Burns residence, while the evening news plays in the living room. Atif discovers from watching the news that his family’s funeral was planned and took place without his involvement. Atif phones Detective Thompson and leaves a message; detective Thompson does not return the call.
16 July 1994	Bellevue police travel to Vancouver. The police are assigned “the task of contacting school officials, friends of Burns and Rafay, teachers, or anybody that might have some insight into these two individuals.” [quotation from testimony of Detective Robert Thompson, Bellevue Police Department, May 21-22, 2003].
11 January 1995	Bellevue investigators meet with RCMP Serious Crimes Unit officers to discuss the case. Bellevue investigators request biological samples (hair, blood and saliva) from Sebastian Burns and Atif Rafay in order to “eliminate them as possible suspects” [quotation from testimony of Detective Robert Thompson, Bellevue Police Department, May 21-22, 2003]. RCMP officers agree to covertly obtain biological samples and offer the ‘Mr. Big’ strategy to obtain a confession.
April – July, 1995	RCMP conduct the 4-month ‘Mr. Big’ undercover operation which results in ‘confessions’ from Sebastian Burns, Atif Rafay and Jimmy Miyoshi.
11 July 1995	Bellevue investigators receive DNA test results and obtain Sebastian Burns’ partial DNA profile. Sebastian Burns’ DNA does not match the physical evidence at the crime scene.
12 July 1995	Bellevue investigators hold a press conference at the request of the RCMP Mr. Big operators, who want “to spur some information or get something going with the press conference.” [quotation from testimony of Detective Robert Thompson, Bellevue Police Department, May 21-22, 2003]. Bellevue investigators announce they have obtained Sebastian Burns’ DNA; Bellevue investigators do not mention that the DNA eliminates Sebastian Burns as a possible suspect.
31 July 1995	Sebastian Burns and Atif Rafay are charged with three counts of aggravated first degree murder and Jimmy Miyoshi is charged with conspiracy to commit murder. Sebastian Burns and Atif Rafay are incarcerated in Vancouver, Canada.
1995 – 2001	Sebastian Burns and Atif Rafay are incarcerated in maximum security pre-trial facilities in British Columbia for the next six years.
Fall, 1995	Jimmy Miyoshi obtains immunity from his charge of conspiracy to commit murder in return for statements incriminating Sebastian Burns and Atif Rafay.
12 July 1996	Former Minister of Justice, Allan Rock, orders the extradition of Sebastian Burns and Atif Rafay to the United States without seeking customary assurances that the death penalty will not be sought or imposed.
30 June 1997	The Court of Appeal for British Columbia rejects the Minister of Justice’s decision to unconditionally extradite Sebastian Burns and Atif Rafay to Washington State and the court directs the Minister to ensure the death penalty will not be sought or imposed. The Minister of Justice appeals this decision to the Supreme Court of Canada.
4 December 1997	The Supreme Court of Canada allow the Minister of Justice to appeal the lower court’s decision.
1997 – 2001	The Minister of Justice’s appeal which seeks to unconditionally surrender Sebastian and Atif to Washington State is delayed for four years. None of these delays are caused by Atif, Sebastian or their counsel.
12 November 1998	An appeal hearing is scheduled at the Supreme Court of Canada. This hearing is postponed.
22 March 1999	The first hearing takes place at the Supreme Court of Canada.
25 October 1999	A second hearing is ordered by the Supreme Court of Canada.
23 May 2000	The second hearing takes place at the Supreme Court of Canada.
15 February 2001	The Supreme Court of Canada dismisses the Minister of Justice’s appeal and directs the Minister to seek assurances that the death penalty will not be sought or imposed in Washington State.
March, 2001	Atif and Sebastian are extradited to the United States, to a maximum-security jail in Seattle, Washington where they will spend the next four years in solitary confinement (23 hours in a 4x6 foot cell and one hour out).
23 November 2003	The trial begins in Seattle, Washington.
26 May 2004	Sebastian and Atif are convicted of three counts of first-degree murder.