Mushroom murderer appeals convictions, claims ‘miscarriage of justice’

An Australian woman, who was sentenced to life in prison with a non-parole period of 33 years for poisoning four and killing three of her estranged husband’s relatives with death cap mushrooms, has filed an appeal to overturn her conviction.

In July, a jury found Erin Patterson, 52, guilty of murdering three relatives of her estranged husband and attempting to murder a fourth in the state of Victoria in 2023.

Patterson will be 82 years old when she becomes eligible for parole in November 2056, but documents released Wednesday by the Supreme Court of Victoria showed Patterson filed an application for leave to appeal her conviction on Monday.

In the documents, viewed by Reuters, the seven grounds of appeal included that a “fundamental irregularity” occurred while the jury was sequestered. Local media, citing the court, reported the jurors stayed in the same hotel as police and prosecutors for the majority of their deliberations.

“That has fatally undermined the integrity of the verdicts and requires the quashing of the convictions and an order for a re-trial so that justice cannot only be done but be seen to be done,” the documents said.

Patterson also claimed that various pieces of evidence introduced, including cell tower location data and messages from Facebook friends, were “unfairly prejudicial” or “irrelevant.”

Additionally, Patterson claimed a “substantial miscarriage of justice occurred” due to the prosecution’s “unfair and oppressive” cross-examination of her when she gave evidence over the several days of the trial.

She suggested the prosecution’s opening and closing arguments also caused a “substantial miscarriage of justice,” because they introduced a motive for murder during their closing address but the Crown opened its case alleging no motive.

Patterson also claimed that Justice Christopher Beale, who was the judge appointed to her trial, had “erred” by not allowing photos and videos “related to mushrooms” that were found at Patterson’s house to be put before the jury.

The appeal paperwork says that Patterson is a prisoner at Dame Phyllis Frost Centre and does not want to attend the appeal hearing in person, but would prefer a video appearance instead.

The state of Victoria’s Court of Appeal said that while Patterson’s appeal had been lodged, it had not yet been approved as of Wednesday.

Patterson was convicted of killing her mother-in-law Gail Patterson, father-in-law Donald Patterson and Gail’s sister Heather Wilkinson in a case that gripped the country and drew international attention for its unusual circumstances.

The jury of 12 found she lured them to lunch at her home in Leongatha, a town of about 6,000 people, and poisoned them with beef Wellingtons containing death cap mushrooms.

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She was also found guilty of the attempted murder of Ian Wilkinson, Heather’s husband, who survived the 2023 meal.

Beale told the Victoria state Supreme Court that Patterson’s crimes involved an enormous betrayal of trust.

“Your victims were all your relatives by marriage. More than that, they had all been good to you and your children over many years, as you acknowledged in your testimony,” Beale said.

“Not only did you cut short three lives and cause lasting damage to Ian Wilkinson’s health, thereby devastating extended Patterson and Wilkinson families, you inflicted untold suffering on your own children, whom you robbed of their beloved grandparents,” Beale added.

The judge told Patterson that only she knows “why you committed” the crimes.

Patterson showed little emotion during her sentencing hearing in September and kept her eyes closed for much of it.

Prosecution and defence lawyers both agreed that a life sentence was an appropriate punishment for Patterson on three counts of murder and one of attempted murder.

Defence lawyers had asked for Patterson to become eligible for parole after serving 30 years but prosecutors argued she should never be considered for parole because she did not deserve the court’s mercy.

In Canada, death cap mushrooms are present in many of B.C.’s forests but may also be found in city environments associated with many species of imported trees. According to the B.C. Centre for Disease Control, the mushrooms have been spotted on Vancouver Island and in the Lower Mainland.

Death cap mushrooms look similar to common puffball mushrooms, but should never be eaten. If you suspect you may have consumed a death cap mushroom, you should seek emergency medical care immediately.

Symptoms of being poisoned by a death cap mushroom include low blood pressure, nausea and vomiting.

— With files from Reuters