No more 'faint hope' for convicted Edmonton hitman

Late on a Friday afternoon in an Edmonton courtroom, a jury of ten women and two men erased a convicted killer's faint hope of early release.

All week, the jury listened to witnesses tell them how much progress the convicted hitman had made while he was behind bars.

In 2002, Keith Schell was convicted of the first-degree murder of Adnan Pervez, 18. Schell agreed to gun down Pervez when his cocaine dealer offered him money, drugs and a chance to take over the drug turf.

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In 2002, Schell was sentenced to life in prison with no chance of parole for 25 years. But under the now-repealed faint hope clause, he was allowed to appealto a jury to grant him the ability to apply for release before the quarter-century.

"He's currently at almost 18 years into his sentence and he started gathering documents and preparing before the 15 years when he could apply," his lawyer, Amanda Hart-Dowhun said outside court.

The jury was told Schell spent years behind bars trying to erase his cocaine-riddled background. He got his high school diploma, two college diplomas and took university courses. His probation officer and a psychologist agreed he showed genuine remorse for taking another man's life.

But in the end, it was not enough.

After five hours of deliberations, the jury decided not to change Schell's 25-year parole ineligibility.

The criminal code mandates the only way it can be altered is by a unanimous jury decision. Even one vote against is enough to maintain the status quo.

After the jury left the courtroom, Associate Chief Justice John Rooke told Schell, "I know you don't like this result and I understand that feeling. But you need to understand it's the duty of the jury to do what's best for society."

Rooke noted that even though he said Schell had made "great strides", it was not enough to earn the trust of the jury. Still, he tried to encourage Schell not to lose hope for the future.

"I believe there has been significant progress since 2003," Rooke said. "You will see the sunshine one day to realize your goals. Best of luck."

'This must be pretty crushing for him'

Schell showed obvious disappointment in the prisoner's box when the jury delivered its decision. The 53-year-old shook his head slightly and sighed deeply.

After the judge left the courtroom, Schell told his lawyer, "it is what it is. I was hoping that society would have found me suitable but apparently they don't."

When asked for comment, he told CBC News he was worried the jury's decision was going to hurt his daughter and grandchildren more than him.

He added, "I'm sorry for what I did. That won't change."

Outside court, Hart-Dowhun said, "This must be pretty crushing for him."

Even though the jury granted him the right to re-apply under the faint hope clause in five years, Hart-Dowhun said she was sure he would not take advantage of it.

"I can say with near certainty that he will not be reapplying," Hart-Dowhun said."Mainly because, although his full parole eligibility is over five years away, by the time the five years have passed, he will already be eligible for day parole. The point would be moot by then."

Schell will be returned to a minimum security prison in British Columbia where he will continue serving his life sentence.

His lawyer is convinced Schell is a changed man.

"The person that he is today, I don't think he's a risk," Hart-Dowhun said.