Canadian True Crime - 105 The Murder of Liu Qian

Episode Date: February 1, 2022

Sometime after midnight in 2011, 23 year old York University student Liu Qian was chatting to an old friend via webcam as she studied in her tiny basement dorm room in Toronto.But there was a knock at... her door—and her friend on the other side of the computer screen would be the only witness to the terror that would unfold.Further information:Open Letter, Artworks and Photos of Liu Qian from her father Liu Jianhui, translated by Professor Charles Burton and published by the Toronto StarCanadian Universities are Failing Students on Sexual Assault, by Zane Schwartz, published in Macleans 2018Thanks for supporting our sponsors!See the special offer codes here Ad-free episodes:All episodes, ad-free and often early on Patreon and Supercast.Credits:Research: Gemma HarrisAdditional research and writing: Kristi LeeAudio editing and production: We Talk of Dreams Disclaimer voiced by the host of TrueAll credits and information sources can be found on the page for this episode at canadiantruecrime.ca/episodes. Hosted on Acast. See acast.com/privacy for more information.

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Starting point is 00:00:00 Canadian True Crime is a completely independent production, funded mainly through advertising. The podcast often has coarse language and disturbing content, and it's not for everyone. An additional content warning. This episode includes details of sexual assault. And while not the focus of the case, there is also reference to incest and sexual assault of a child or underage person, please take care when listening. It was the night of April 14th, 2011, in a Toronto student rooming house close to the York University campus. One of the students who lived there was a 23-year-old called Qian, and she was feeling a bit lonely that night. Qian occupied a tiny dorm room in the basement,
Starting point is 00:00:55 and that night she was studying in front of her laptop. As midnight approached, she clicked on the name of her high school boyfriend. They had recently broken up for mutual reasons, but they'd stayed friends, and that night Qian wanted some company on Skype as she studied. Her family and friends were back in Beijing, China, and she'd only been in Canada for about seven months. She was one of 50,000 Chinese students who were in Canada for university at the time. Qian's surname was Liu. It's customary in China to list the surname first, so her correct full name was Liu Qian. Sometimes international students pick an English-sounding name for use when studying abroad, and she also went by Nicole, but in this episode we'll call
Starting point is 00:01:49 her Qian for consistency. So, why did 23-year-old Qian come to Canada by herself to study? Well, she was a talented writer and artist, and after she got her undergrad degree at Beijing City University, her ultimate goal was to complete her Masters of Fine Arts abroad. She applied to several Canadian universities and was thrilled to be accepted into the English program at York University in Toronto, which would lead her to her Masters. But for her parents, the news was bittersweet. Qian was their only child, born under China's One Child policy. An initiative started in 1980 to slow down the growth of the Chinese population. Each family was only allowed to have one child during this time, and their one child, Qian, was leaving China.
Starting point is 00:02:47 Her parents would miss her, but more than that, they worried. They knew it would be an adjustment for her to attend university in a Western country with a different culture and language. Qian's grandmother took the news particularly hard, insisting that Canada was too far away and begging her to focus on priorities closer to home. Qian was a friendly woman. Her father would describe her as an extrovert with a good heart. Her parents took the time to speak with her about personal safety and the cultural challenges she might face in Canada. But Qian knew what she wanted and she was ready to go. She was immensely sad to leave her long-term boyfriend back in Beijing, but from everything she'd gathered, studying in Canada would open up more and better job opportunities.
Starting point is 00:03:40 Student visa in hand, Qian arrived in Toronto in September 2010. She moved into off-campus accommodation close to the university and soon threw herself into her studies. There was an adjustment period, but before long she'd started to achieve good marks and her English was university level fluent. Back in Beijing, her family were relieved and happy to see her doing so well. And looking forward to her returning home for a visit after exams. Qian had a friendly and generous personality and she made friendships quickly, particularly with the other students who had come from abroad. International students are a big priority for many universities. According to a 2021 article in the Globe and Mail, government support for post-secondary education in Canada
Starting point is 00:04:38 has stalled over the years, so colleges and universities have to make up the difference in their budgets. And the way they do this is by recruiting international students and charging them tuition that can be up to four times as high as domestic students. And international students are willing to pay it, or their families are, because they believe the outcome will be better. And that's just for tuition. When it comes to where these international students actually live, that's another story. Students can opt to live on campus, but the cost is prohibitive, often thousands of dollars for accommodation for the school year and almost as much for meal plans. But if after paying these exorbitant tuition fees the students can't afford to also live on campus,
Starting point is 00:05:30 their other main option is to stay in rooming houses close by, which are essentially three or four bedroom family homes and townhouses that have been crudely subdivided into tiny dorm rooms, often with a small private bathroom, a desk, a single bed and maybe a tiny kitchenette. An article in the Toronto Star revealed one landlord illegally converted a three-bedroom townhouse near the university into 14 separate dorm rooms. In that region, rooming houses or multi-tenant houses are illegal, unregulated and unlicensed. The Globe and Mail quoted a faculty member from a major Canadian study on international students who said landlords provide them with, quote, basically a hole in the ground that students may be willing to take for any cost.
Starting point is 00:06:27 Cheyenne found inexpensive accommodation at one rooming house for a few months, but she suggested on a Facebook post that there was an issue with insects there, so she moved to a different one in January of 2011. There, her tiny room was in the basement of the house, next to the laundry room. But despite her accommodation hiccups, Cheyenne was relatively happy in Canada. She had made friends, loved to socialise and go clubbing in Toronto and was always ready to help out one of her fellow students. One of her friends described her to the Globe and Mail as, incredibly cute in a very funny way, recalling how one night, Cheyenne offered some Chinese meds for a headache and then rushed back to check up when she realised
Starting point is 00:07:18 the meds were actually to help flu symptoms and not a headache. The friend described Cheyenne as being overly generous, caring and kind, almost to a fault. Cheyenne relied heavily on her computer. The webcam on her IBM ThinkPad T400 laptop was her link to China, her link to family and friends, and she and her mother Yaru spoke with each other every morning at the same time. That morning, as they were chatting, Cheyenne told her mother that her final exams were fast approaching and she had bought her plane ticket back home to Beijing in just a few weeks. She couldn't wait to eat her favourite meals again, and of course she missed her family so much. She couldn't wait to see her parents and grandmothers again, not to mention her friends,
Starting point is 00:08:14 schoolmates and of course her former boyfriend, Xiaoqiao. They had been together since high school and even though they'd tried to make it work long distance when Cheyenne was in Canada, it was too difficult so they had broken up after about four months. But they still remained on good terms as friends and they chatted every few weeks via Skype and messaging apps. And that's exactly what they were doing late Thursday night in April of 2011. Cheyenne was at her laptop in her basement bedroom chatting casually with Xiaoqiao on Skype while she studied. The pair could see each other on their screens via webcam and could hear each other through their microphone headsets. Midnight came and went and at about 1am, Cheyenne suddenly paused.
Starting point is 00:09:08 She told Xiaoqiao that she thought she may have heard a knock at her door, but there was no window or peephole so she had no idea who was out there without actually opening the door. But she'd been having some troubles with connecting her phone with the house Wi-Fi and earlier she'd gone to ask some of the other students who lived there to help. Perhaps it was someone who had figured out the solution. Cheyenne got up from the chair and walked over to the door which was partially visible to Xiaoqiao via the webcam. Outside the door she said something in English to whoever was there. Xiaoqiao didn't know what she said because he didn't speak English. But he saw that she
Starting point is 00:09:52 opened the door a little and as she did Xiaoqiao saw a tall athletic looking man standing in the door frame. He continued to watch casually through the webcam as Cheyenne picked up her cell phone and handed it to the man in the doorway. Perhaps he was going to fix the Wi-Fi issue. As he started pressing buttons on her phone, Cheyenne sat back down on her computer chair and Xiaoqiao could see her side profile as she conversed with the stranger. The man seemed hesitant, leaning in the door frame and then out of it as he held her phone. After a while it seemed that the conversation was coming to a close and the stranger was going to leave when all of a sudden Cheyenne got up and started pushing the door closed on him.
Starting point is 00:10:44 On the other side of the door the stranger was pushing back trying to force his way into the room but he was bigger and stronger so he was able to shove Cheyenne aside and push the door shut behind him. Xiaoqiao was watching all of this through the webcam and was starting to panic as he saw the stranger approach Cheyenne to give her a hug but she clearly didn't want to because she pushed back at his chest saying no in Mandarin and then no in English. That much Xiaoqiao knew. Then there was a struggle and the man pushed Cheyenne out of view of the webcam. Xiaoqiao could see one of her feet in view shaking as she continued to scream out no in Mandarin and then she fell completely out of view. In Beijing Xiaoqiao continued to stare helplessly at his computer
Starting point is 00:11:43 screen not knowing if he should do something and if he should what could he even do but suddenly he heard two muffled bangs followed by silence from that moment on he heard no more sound from Cheyenne but he continued to watch the screen hoping for some kind of clue that she was okay. Instead he heard what appeared to be the stranger rustling around in her room for the next 20 minutes or so. The stranger himself the intruder was off camera but Xiaoqiao could hear him breathing heavily for a few minutes then it sounded like furniture was being moved. Cheyenne's bedroom light suddenly snapped off and through it all Xiaoqiao heard what he thought was a set of keys jingling and then the man suddenly appeared directly in front of the computer from where
Starting point is 00:12:40 the webcam was positioned Xiaoqiao could see from his abdomen to his knees and he was naked. The man leaned forward and switched off the computer instantly cutting off Xiaoqiao's access. He was in a panic by now and his mind went blank. He was 10,000 kilometers away in Beijing and had no idea what to do. He felt helpless desperate and panicked. Was Cheyenne okay? Who was the man? While the video feed was gone and that wasn't recording anyway he had been recording the audio which was something that he and Cheyenne used to do. He wracked his brain and then suddenly remembered he had Cheyenne's password for one of her online accounts so in desperation he logged in and sent a frantic message to her contacts saying Liu Cheyenne is in danger can someone
Starting point is 00:13:36 please help her call the police asking for help. At least one of her classmates saw the message during the early morning hours but for unknown reasons no one took action until about 8 30 a.m. Another international student was on the bus when he received an email asking him to check on Cheyenne. They were friendly and had gone clubbing together so he immediately called his brother to go and check in on her. The brother went to the house and knocked and knocked but no one answered the door. They would have to call the landlord to get into the room. At Cheyenne's family home in Beijing her mother Yaru had received a strange call from a person clearly crying who said they were Cheyenne's friend and urged her to call the police because
Starting point is 00:14:53 someone was in Cheyenne's room in Toronto and had tried to hurt her. Cheyenne's father Jianhui was out of town on business and had no idea what to do from there so it was all up to her mother to figure out who to call from Beijing for a crime committed in a tiny basement in Toronto and then the family waited helpless for any news about what might be happening. The hours went by with no word and that night neither Cheyenne's mother nor her 85 year old grandmother slept. They were so anxious for news about whether Cheyenne was okay. Back in Toronto after a few hours of waiting the landlord finally arrived to unlock Cheyenne's bedroom door and there they found the body of Liu Cheyenne. The police arrived at about 11am
Starting point is 00:15:53 and assessed the crime scene. Cheyenne's body was naked from the waist down and she was lying face down with her night dress and sweater pulled up around her shoulders. One of her earrings was missing. Near her body lay a tangled pile of fabrics her underwear socks and tights. Blood could be seen on the floor around her face but there were no immediate signs of trauma to her body nor of sexual assault. Her cause of death wasn't apparent so the police decided to wait until after autopsy and toxicology testing to decide whether to move her death from suspicious to homicide. According to reporting by the Globe and Mail police were entertaining the idea that Cheyenne may have been given a lethal injection. With police assessing what was in Cheyenne's room
Starting point is 00:16:48 and taking note of the crime scene they saw a pillow and flat sheet were on top of her mattress and a pink plush blanket was on the floor in the corner of the room. The furniture appeared to have been moved around. They also had to assess what was not in there. They found a cell phone but it seemed that her laptop was missing completely. Back in Beijing Cheyenne's parents had been waiting by the phone for more than 10 hours and finally it rang. It was not the news that hoped for. As her father Jianhui would later write quote we got the most brutal news our lovely daughter was gone we'll never see Liu Cheyenne again. We did not know how to deal with this like a thunder hit her mother's head. Her mother and grandmother clung together crying. The police had delivered
Starting point is 00:17:46 the devastating news that Cheyenne their only daughter had been murdered in her own student accommodation just seven months after moving to Canada. Straight away they booked flights to Toronto. Investigators had also connected with Cheyenne's former boyfriend Zhao Chao. He was the closest person to a witness to the crime but they had to rely on his recollections because his Skype video call with Cheyenne was live and not recorded although he had recorded the audio separately. But Zhao Chao was able to provide a very detailed description of the man that he saw on screen. It was a white male aged between 20 to 30 years old about six feet tall and between 175 to 200 pounds. He had muscular build with brown hair that was tussled at the front and groomed at the back
Starting point is 00:18:44 and he was wearing a blue crew neck t-shirt and loose shorts. Four days after Cheyenne's death police told CBC News that they were still waiting to hear from the coroner's office but they believed the attack wasn't random it appeared to be targeted but they were still looking into all possibilities at that point. They did say that they had yet to locate her laptop. By this point the police had realized that the cell phone they found in Cheyenne's room was an old phone that was inactive. It wasn't her primary phone so now it was both her laptop and her phone that were missing. The York University community was shocked by the news especially the international student population. The university released a statement to the media calling Cheyenne's death a terrible
Starting point is 00:19:38 tragedy and passing on condolences to her family friends and classmates. The autopsy results were released but did not give the definitive answer that police were hoping for. The forensic pathologist found semen on Cheyenne's thigh, groin area and abdomen and there was blood under her fingernails and traces of DNA that was either saliva or semen on both of her breasts, ample DNA for testing. So there was evidence of a sexual assault but no evidence of penetration. And while there was no external trauma to Cheyenne's body including visible injuries to her neck, her neck muscles were bruised and she had particular hemorrhaging which are small hemorrhages in the eye resulting from obstructed blood supply to the head.
Starting point is 00:20:32 Cheyenne's official cause of death was listed as unacertained and the toxicology results were clean but the most likely cause of her death was determined to be this mechanical asphyxia caused by neck or chest compression or when the airways are otherwise blocked. In other words strangulation. As investigators started to interview people who knew Cheyenne in Toronto including the other 10 student tenants of the rooming house where she lived rumors started circulating online that she was being stalked. According to the Toronto Star someone who identified themselves as a friend of Cheyenne's posted on Chinese language online chat rooms that she had rejected a romantic advance and that person had been stalking her. Apparently the person once shared
Starting point is 00:21:28 the same house as Cheyenne. The friend wrote quote the suspect was chasing after her but she refused and then he started stalking her by texting her all the time. Do you have a passion project that you're ready to take to the next level? SquareSpace makes it easy for anyone to create an engaging web presence, grow a brand and sell anything from your products to the content you create and even your time. When I launched this passion project six years ago I needed some kind of online hub to manage all the non-podcasting tasks that come with podcasting. I chose SquareSpace because it's an all-in-one platform that seamlessly helps me achieve multiple goals. It's important to have a website that looks good and I was inspired
Starting point is 00:22:22 by SquareSpace's wide selection of clean and modern templates. They can be easily customized with pre-built layouts and flexible design tools to fit your needs and you can even browse the category of your business to see examples of what others have done. I use the built-in blogging tools to create a new page for each episode and there are so many intuitive options from embedding an audio player so listeners can stream episodes to scheduling posts to be published on a certain date, an easily moderated comment section and automatically displaying recent episodes on the home page. Every SquareSpace website and online store includes SEO tools to help you maximize your visibility in search engines and I love the
Starting point is 00:23:06 powerful insights I can get from the analytics tools helping me better understand who's visiting the site, where they came from and how they're interacting with it. Do you have a passion project or business idea or something to sell? Go to squarespace.com slash ctc for a free trial and when you're ready to launch use offer code ctc to save 10% off your first purchase of a website or domain that's squarespace.com slash ctc with offer code ctc and get your passion project off the ground today. In the meantime investigators had been speaking with all of the other tenants at Qian's rooming house to find out if they saw or heard anything that night and to get an idea of where they were at the time. It was taking time because there were reportedly 11 people living
Starting point is 00:24:09 there in a three-bedroom townhouse that had been subdivided into tiny little dorm rooms but after a day or two investigators had managed to reach and talk to almost all of them except one. A man called Brian Dixon was proving very hard to get a hold of and he hadn't been seen since that night. As investigators worked to track him down they started to look into his background and online presence and they discovered some things that gave them reason to pause. Brian Dixon seemed to be a bit of a societal outlier. It seemed that he was no longer studying at university yet the 29 year old continued to live at international student rooming houses and hang out among students much younger than he was. He grew up in Toronto's east end suburb
Starting point is 00:25:04 of Riverdale with his parents who both worked in the fields of mental health and social work. Brian was the youngest child of the family and a later CBC news article quoted neighbours who described him as a great kid cordial sociable and curious. Not much is publicly known about his childhood but after graduating high school Brian enrolled to study global politics at York University. During this time he became actively involved in extracurricular activities like model UN and he was also given the opportunity to represent the university on a project working as education commissioner but he unexpectedly quit four months into the role. One of his colleagues observed him as being quiet. In the years after that Brian interned for several organisations
Starting point is 00:26:01 related to external affairs and political science. He was also a running instructor and enrolled in an eight month acting program. Consistency and sticking with things was a problem for Brian. He had trouble staying engaged with his course and it took him more than a decade to complete three quarters of the credits needed to graduate with a bachelor's degree and there he stayed. There were different accounts of Brian's general demeanour and personality. A woman who met him at his acting course said he was friendly but seemed to have a dark side. She told CBC news that he came to visit her at work and the interaction made her feel uncomfortable. Quote my gut had a negative feeling about him. He had a very mild exterior quiet awkward exterior but
Starting point is 00:26:56 something behind that might be a little frightening. The woman said she always noticed that Brian behaved in an odd way which later got him banned from the bar where she worked. In April of 2011 when Liu Qian was murdered Brian wasn't currently enrolled at York University. His record at full time stable employment was about as consistent as his university record. At the time he was earning money handing out flyers while living in the student accommodation and his room was on the ground floor of the house where Qian occupied the basement room. Police also found evidence that two women had alleged Brian had been violent towards them but the charges had been withdrawn. So there was that and the fact that Brian had not made himself available to police and was still
Starting point is 00:27:53 unaccounted for but there was one other thing that made him a prime person of interest. His physical profile was an uncanny match to the stranger Xiaochao saw through the webcam that night. Brian appeared to be clean cut tall and athletic and seemed to fancy himself as a model even posting shirtless photos of himself online in provocative poses. It was imperative that investigators locate Brian Dixon as soon as possible. There was a predator still out there and they wanted to either clear Brian or arrest him. The York University community was terrified especially women and the conversation around campus safety was reignited. York University told the media that it had stepped up security patrols and was offering counseling to students and staff in the wake of the tragedy.
Starting point is 00:28:51 Investigators managed to track Brian Dixon to his parents home. He seemed cordial on the phone eager to help and agreed to come in for an interview. By that point it was four days after Qian's murder and the police were eager for his answers. He arrived at the station looking clean cut wearing a crisp white shirt and jeans. He was asked about his attendance at York and why he still lived in student accommodation. He explained that he still owed the university money and wasn't currently a student until he could pay his tuition again. The conversation then turned to Qian and Brian was asked to speak about his interactions with her. He said he'd only met her about a month beforehand when he was doing laundry in the area outside her room and described her as
Starting point is 00:29:46 very friendly a really sweet person. Quote that was my first impression that she's nice you could tell. Now as you'll remember Qian's ex-boyfriend Zhao Zhao witnessed the stranger at her door at about one in the morning. When Brian was asked where he was on that night he said that he was in the basement putting a load of laundry on at about 10 p.m. which police knew was about three hours earlier. Speaking in a very quiet tone almost so quiet that you can't hear him Brian said that he stopped in to Qian's room and chatted with her about cooking. Here's a brief clip of the interview that was later released to the media by police. So when I closed in the wash that girl came out of her room and that's how we got the talking. We're back into her room
Starting point is 00:30:40 and continue talking about the cooking. We started talking about like the fact that there's no oven and she told me that they don't have ovens in China apparently. It's true while ovens are a staple of most western kitchens the Chinese rarely ever bake and rely on their stove top. Investigators asked Brian if he had ever embraced Qian or been intimate with her and he said no he hadn't hugged her and he didn't kiss her. He touched her shoulder and shook her hand but that was it he said. Brian was asked what he did with the rest of the night after putting the laundry on at around 10 p.m. He said that he had three beers at home and after that he went to a restaurant on campus where he had a pitcher of beer and took seroquel a sleeping pill.
Starting point is 00:31:40 He estimated the time he took the pill was about 11 40 and he went home soon after that. He said that before turning in for the night he went back down to the basement to take his laundry out of the machine and put it in the dryer. He estimated that the time was about 12 20 to 12 30 a.m. which the police knew was about 30 minutes before the stranger appeared at Qian's door. Brian said that when he was there he didn't talk to Qian or see her he just went back to his room and estimated that he was asleep about five minutes later. Brian said that after he went to bed he only left his room once at around 5 a.m. to use the bathroom and turn off the kitchen light but despite taking that sleeping pill he said he was still
Starting point is 00:32:46 jolted awake during the night several times by other residents of the building using the kitchen stairs and the front door. Brian was calm and cooperative throughout the interview which went for more than three hours. He waved his right to a lawyer offered to provide DNA samples and said that he was willing to do whatever he could to help with the investigation. After the interview Brian was free to go. The police didn't take him up on his offer for DNA samples but for now were convinced he was responsible for killing Qian. They decided to place him under surveillance to see what he did next. He went straight to a local bar for a drink. He sat next to a stranger and suddenly asked them have you ever been to jail? He then added I am going to jail for life.
Starting point is 00:33:42 The patron would report that the hairs on his neck stood up. The police retained two of Brian's discarded cigarette butts for testing against the swab samples taken from Qian's body and sent it for fast-track DNA testing. The next day the results were in. The DNA under Qian's fingernails was a match to Brian Dixon. It was his semen on her body. Brian was arrested and charged with the first degree murder of Liu Qian. At the time of his arrest he had antipsychotic and antidepressant medications on him. In his bedroom at the boarding house police found beer cans, medications and a bloodstained blue t-shirt which was sent for forensic testing. At Brian's parents' home where he was finally located police seized a computer and hard drive and also went through their garbage.
Starting point is 00:34:42 A press conference was held to announce Brian's arrest and to discuss some of the other questions around Qian's murder. Police took the time to clarify that Brian Dixon was not the suspect that those online rumors referred to. He was not the one who supposedly had been stalking Qian. That was someone else, a person who had lived in the same building and went on a date with her but that person had since been cleared. But what police didn't provide was any more details on why they laid murder charges when an autopsy couldn't even confirm Qian's cause of death. And also there was no explanation for why they had concluded that her death was now a homicide instead of just suspicious. But the answers would come out later.
Starting point is 00:35:32 Qian's distraught parents arrived in Toronto to identify her body. Through a translator her father Jian Hui told the press that when they learned there was tragic news about a person with the same name as their daughter they were worried. Quote but we were praying for the possibility that the victim was a different person with the same name. Soon we found that we could no longer reach my daughter and then the Canadian police made it quite clear that it was indeed my daughter. Qian's ex-boyfriend Zhao Chao, the one who witnessed part of the attack via webcam, expressed relief about the arrest to the global male by phone. He said through a translator quote I hope the murderer receives the punishment he deserves and I also would like to ask him what
Starting point is 00:36:25 he was thinking in his mind at that moment. Qian's funeral was held on a rainy day in Toronto with bus loads of her fellow students arriving to remember her taking the time to view a slideshow with photos of her as well as various samples of her amazing artwork. From a young age Qian had demonstrated considerable talents in language and art and was known for writing amazing stories and creating gorgeous pictures from sketches to oil paintings to watercolours. Her father told the congregation that she loved Canada and loved Toronto and quote the drizzle outside is like all the tears from her loved ones. Her father described Qian's ability to be selfless quote she was very kind, thrifty, hardworking and giving. She was so generous that people sometimes
Starting point is 00:37:24 thought she was stupid. He spoke of the family's anguish at their hope that one day they would come to Toronto and would be greeted by Qian at the airport and how they pictured it would happen quote she and her friends here would show us around and we could hear their laughter. Qian Hui ended it by speaking to his daughter directly with a note about personal safety quote my child keep napping many people are being awakened about their personal safety because of your suffering I know for sure you wouldn't like the same tragedy to happen to anyone else. He later clarified this statement to the media urging other foreign exchange students and their parents to discuss safety concerns specific to the city they're moving to long before the actual
Starting point is 00:38:15 move quote don't start preparing just two weeks before they leave start learning about the city and the school much earlier than that it's a long process he said on behalf of the Liu family Qian's father took the time to thank those who had offered a helping hand in the wake of the tragedy including the Toronto police. As the news started to spread about one York University student being arrested for the murder of another at a nearby rooming house the conversation about campus safety was heating up York University issued a release saying Brian Dixon was not a registered student and never earned a degree from the school but others pointed out that the university needed to start realising their responsibility was not just on campus but in the adjacent community as
Starting point is 00:39:11 well including those nearby rooming houses. A story in Toronto Life quoted a former York University media relations officer as saying that in the decade before Qian's death there had been 66 reported incidents of sexual assault at that university. In response to community and student pressure York had commissioned a safety audit two years before Qian's murder and had recently invested about nine million dollars on safety and security measures on campus including more lighting throughout but two months after Qian's murder two more sexual assaults happened at a York University dorm room bringing the issue back to the surface yet again. Brian Dixon applied for bail and the hearing for that was eventful but the details were covered under a publication ban.
Starting point is 00:40:09 Brian's parents attended the hearing and presented themselves as guarantors for his bail saying they were prepared to shoulder the risk because it would be better for him at home with their support rather than in prison. Brian told the court he had a very good relationship with his parents. His mother recounted that in the months before Qian's murder she had been in the hospital having surgery and Brian visited her every day. She said about her son quote Brian's a love very sweet. She said that she and Brian like to talk about politics and while it could get heated and Brian might be tense about something quote usually within a few minutes he comes back and apologizes and says that he was inappropriate but other details came out at that
Starting point is 00:41:00 bail hearing details considered potentially prejudicial to a jury so they were covered under publication ban. The full story would come out later but for now it was enough for the judge to decide that there was a substantial likelihood that Brian would commit further crimes. His bail request was denied. There was some drama as the trial started in March of 2014. Brian Dixon had been charged with the first degree murder of Liu Qian which in this case means that there must have been intent to kill. Now Brian's lawyer told the court that he pleaded not guilty to that charge but requested to instead plead guilty to manslaughter which would mean he was responsible for Qian's death but there was no intent he didn't mean to. A charge of manslaughter was not on the
Starting point is 00:41:58 table though. Brian's defense team gave no further information about what this plea meant nor did Brian admit that he caused Qian's death by way of sexual assault which seemed to be the obvious implication and in Canada if a sexual assault is included as part of a murder then it is automatically a first degree murder. Brian's legal team gave no indication about whether he would testify to this or call evidence to mount a defense. In any event the crown rejected his plea for manslaughter so Brian Dixon would go on trial for the first degree murder of Liu Qian. The defense argued against the admissibility of some of the crown's evidence because the crown had rejected the manslaughter plea choosing to go ahead with first degree murder it would be up to
Starting point is 00:42:55 the crown to prove that Brian had intent to murder or that there was sexual assault involved and the evidence in question was referred to as post-offense conduct or the things that Brian did and said in the hours and days after Qian was murdered. For example Brian's statement to the person at the bar when he said I am going to jail for life was deemed inadmissible. By trying to plead guilty to manslaughter he had in effect admitted that he was the cause of Qian's death so that statement about going to jail could have applied either way the judge determined it wasn't relevant to whether or not there was intent to commit murder. Other post-offense conduct included the evidence that Brian had moved furniture and bedding in Qian's room and had taken her
Starting point is 00:43:49 laptop and phone. This was deemed inadmissible because again this had no relevance as to whether Brian had intent to murder. The statement that Brian gave to police his initial statement where he denied having anything to do with Qian's death was also brought into question by his defense who questioned what value the statement has given that he was now willing to plead guilty to manslaughter. That rendered whatever he said in his statement to be a lie. But the judge decided that the statement did have value beyond this. It would be relevant to the issue of whether Brian Dixon had a sane and sober operating mind at the time of the events in issue. The statement would have some edits but was essentially allowed as evidence.
Starting point is 00:44:41 As for the question of sexual assault, the judge told the jury it would be up to them to decide whether Brian had sexually assaulted Qian before or after she died. If before then it didn't matter if there was intent. It was a first degree murder simply because there was a sexual assault involved. But if the sexual assault occurred after Qian died then that might result in a different charge and the jury would need to see that intent proven in order to find Brian guilty of first degree murder. The crown opened by saying this is not a who did it case. This is a what happened case. They argued that Brian Dixon came to Liu Qian's room to sexually assault her and he killed her to prevent her from reporting it to police. The defense told the court that Brian accidentally
Starting point is 00:45:50 killed Qian in the course of an unlawful act which was an assault. There was no further information given about whether the assault was sexual or not but the defense told the court that the more appropriate charge would have been manslaughter. The court heard from the closest thing there was to a witness. Meng Xiaochiao Qian's former boyfriend who she was chatting with via webcam at the time the attack started told the court what he saw in the webcam through an interpreter. How while they were chatting a man appeared at Qian's door at about 1 a.m. and Xiaochiao watched as he took a look at her phone. From the description of the man the crown told the jury they should have no difficulty finding that the man that Xiaochiao
Starting point is 00:46:43 saw was Brian Dixon. The details were an uncanny match. The court heard that Qian had been having Wi-Fi issues that she'd asked other tenants for advice about and Xiaochiao assumed that the man's visit was related to that. He told the court that he saw Brian force himself into Qian's room and when she attempted to resist his embrace she pushed him and fell to the floor. He followed. Xiaochiao testified he could no longer see them on the webcam but could still hear Qian protesting followed by two muffled thumps and then silence and then for another 20 minutes after that he heard other sounds including a man's heavy breathing what sounded like Qian's jangling and furniture being moved. Not much was said about what the Qian's jangling might have been
Starting point is 00:47:40 but Toronto star columnist Rosie DeManno wrote that what this could well have been was the sound of Brian Dixon unbuckling his belt. Xiaochiao told the court that he saw the man on the webcam again but this time he was naked and the man shut off the laptop. That laptop has never been recovered nor has Qian's primary cell phone. The crown told the court that Brian likely took both items and moved furniture around in order to alter the crime scene. The jury heard about Brian Dixon's police statement the one where he admitted that he had spoken with Qian before while doing his laundry. It was known that he lied in the statement. He said that he'd spoken with Qian about three hours before the murder and gave specific details and timing about what he did
Starting point is 00:48:37 afterwards going to a nearby restaurant taking a sleeping pill at about 1140 going home and then putting his laundry in the dryer at about 1230 about 30 minutes before the murder and then he went to bed. Even if he had have stuck to this story a server from the restaurant threw some doubt on his timeline testifying that Brian actually left the restaurant closer to 1am which is just before Qian was attacked. In any event the reason Brian's statement was admitted as evidence was simply to illustrate the fact that because he could recall his account of the evening with such lucidity and attention to detail he must have been sober and thinking clearly. It all came back to the question of intent. The jury saw photos and video from the crime scene
Starting point is 00:49:33 including Qian's body lying next to her bed. Blood could be seen on the floor around her face. Her parents who had come to Toronto from China for the trial wiped tears away from their eyes. There was no visible reaction from Brian. As you'll recall the medical examiner's office could not determine a definitive cause of death for Qian. The autopsy findings were peer reviewed by a different forensic pathologist who testified that he determined the cause of her death was neck compression. Dr Christopher Milroy told the court that while Qian had no external injuries to her neck she had an injury to her neck muscles and those tiny particular hemorrhages in her eyes which pointed to neck compression. Also he explained it's possible to compress the neck
Starting point is 00:50:27 without leaving external marks particularly if a broad hand or arm lock is used. Next the court heard that Brian's DNA was found in several places on Qian's body. His semen or saliva was found on Qian's breasts. His semen was found around her abdomen and groin area and his DNA was under her fingernails. There was no other DNA found inside her mouth or her genitals. And as you'll recall there was a bloody t-shirt found in Brian's room. The results were as definitive as they could possibly be. Qian couldn't be excluded as the source of blood found on the blue t-shirt in Brian's room. The odds that it came from someone else other than Qian was about one in a hundred and forty quadrillion. So basically there was next to no chance that the blood on
Starting point is 00:51:27 Brian's t-shirt came from anyone else but Qian and it was the same with the rest of the DNA evidence. The defense called no evidence and conceded in court that Brian was the person that Zhao Chao saw on the webcam. There was no suggestion that the person responsible for Qian's death was anyone other than Brian. But what they were alluding to had been hinted at several times during cross examination of witnesses. The defense had cross examined Dr. Milroy, the forensic pathologist about Qian's cause of death and suggested that her internal neck bruising could have been caused by a large man sitting on her chest which would compress her airway. And that bruising could have been caused by the way her head was positioned against the wall as the large man sat on her chest.
Starting point is 00:52:24 Dr. Milroy said that he had actually worked on a death that had matched that before and determined that it wasn't just chest compression. Qian's neck bruising indicated that neck compression would also have been involved. Seaman was found close to Qian's groin and abdomen area but the defense asked specifically about the seaman found on her breasts wanting to know if that would confirm the presence of someone on or near her chest performing sexual activity. Dr. Milroy said it wouldn't necessarily indicate that. The defense then suggested other possible causes of death for Qian including heart disease or overstimulation of a nerve in the neck or a condition where athletes dropped dead after a blow to the chest. But Dr. Milroy
Starting point is 00:53:15 dismissed all of these hypotheses. A cardiac pathologist had also testified that Qian did not die from a heart condition. In closing arguments crown prosecutor Christine Paraglia told the jury that the evidence showed Brian had tried to force himself into Qian's room to have some sort of sexual encounter with her. She resisted and he then worried that she would tell someone quote at that point he had the motive to silence her and to kill her. That was the murderous intent. The crown believed that Brian deposited the seaman onto Qian's body after she was already dead. Brian Dixon's lawyer Robert Nuttall told the jury that there was no dispute that a disturbing sexual attack had occurred but Brian did not mean to kill Qian. There was no intent. The crown's
Starting point is 00:54:18 theory that the murder was to prevent her from telling anyone about the attack was described as defying common sense. Defense lawyer Nuttall pointed out that the incident happened in Brian's own building with other tenants around including in the basement. So why would Brian have taken the risk of killing Qian just for quote falling around with her without her consent. The defense lawyer added quote there's a lot of difference between getting caught for trying to steal some sex and getting caught for murder. Despite not presenting any evidence including the personal testimony of Brian Dixon the defense suggested that this was the scenario that happened. Brian had a friendly conversation with Qian at the door of her room and went in for a kiss. She
Starting point is 00:55:12 resisted his advances and they ended up on the floor. He got sexually excited and sat on her chest and that unwittingly caused her death by asphyxia from chest or neck compression or the position of her neck. Brian's lawyer added that he didn't know that being in that position could have caused Qian's death so it was an unintended consequence quote his actions are despicable. I'm not trying to excuse them he's not walking away but he asserted that the crown had not proven that Brian had murderous intent and given the crown had rejected his request to plead guilty to manslaughter the jury were urged to find Brian Dixon not guilty of first-degree murder. Before deliberation Justice Ann Malloy told the jury that in order for them to find Brian Dixon
Starting point is 00:56:09 guilty of first-degree murder the crown has to have proved four things beyond a reasonable doubt that Brian unlawfully caused the death of Qian that he had the state of mind required for murder that he committed or attempted to commit a sexual assault of Qian and that the sexual assault and the murder occurred as part of the same series of events. Now as you'll remember Brian was denied bail but details came out at that bail hearing that were determined to be potentially prejudicial to a jury so they were covered under a publication ban and after the jury began deliberation the publication ban was lifted and the public learned some very disturbing details details that in the interests of a fair trial may not have been
Starting point is 00:57:05 relevant for the jury in deciding whether Brian Dixon was guilty of the murder of Liu Qian but they were most certainly relevant when answering some of the questions that remained after the trial. At that bail hearing Detective Sergeant Frank Scubic testified that Brian had no criminal record but had criminal charges withdrawn on three prior occasions two of which involved offences against women the first occasion was in January 2006 five years before Brian murdered Liu Qian a woman had complained to police that she met Brian at a nightclub he was 24 years old at the time and she invited him back to her place she gave him consent to perform oral sex on her but alleged that Brian forced her to have full intercourse she told him to stop but in response he allegedly
Starting point is 00:58:01 told her to shut the fuck up and continued for another 20 minutes the crown later withdrew the charge for unknown reasons the second sexual assault complaint happened two years after that and the survivor was Brian's girlfriend at the time according to reporting by the Toronto Star Brian had been caught stealing from her bank account to buy himself cocaine and as they were arguing about it outside his parents house Brian grabbed her by the arms and dragged her out of sight of the house he then placed his hands around her throat and began to choke or strangle her she told him to go ahead and kill her and that she wanted him to go to jail Brian then released his hands before jamming two of his fingers into the centre of her throat
Starting point is 00:58:58 after meeting with police Brian's former girlfriend decided not to proceed with charges when faced with the realities of the intrusiveness and judgment sexual assault victims experience in their journey through the criminal justice system it's sadly sometimes less difficult to bypass that and live with the injustice that same year as that attack 2008 Brian was also charged with shoplifting but those charges were withdrawn no further details were available now that's just Brian's criminal history the three charges that didn't go anywhere but there was more at that bail hearing detective sergeant Frank Scubic also testified about what police had found after searching Brian Dixon's room there were more than a hundred pornographic
Starting point is 00:59:52 DVDs and about half of them were in the asian category his computer yielded even more information a search of his online footprint and browsing history by the child exploitation section of the sex crimes unit revealed some disturbing posts on a nudist forum a user using Brian's computer advocated for the sexual assault of children and underage minors including by immediate family members he also advocated exposing his own future children to sexual abuse content and encouraging them to participate in sexual activities police found evidence that Brian Dixon had posted messages like this at least 34 times on online message boards in one chilling message he claimed to have been abused as a child by a sporting coach and insinuated that he enjoyed
Starting point is 01:00:48 it with the implication being that this kind of abuse is acceptable Brian had given a short testimony at the bail hearing that seemed to reference this particular message he told the court that when he was a teenager he was sexually assaulted by a baseball coach but the man was later acquitted there was no further information given about this all of this evidence presented at the bail hearing Brian's niche porn collection and the disturbing discoveries that came from his online footprint and web browser history were deemed not admissible at the trial as were the two withdrawn sexual assault charges but now that the jury were deliberating the details could be made public after just four hours of deliberation the jury found Brian Dixon guilty
Starting point is 01:01:45 of the first degree murder of Liu Qian her father was seen wiping tears away from his eyes 32-year-old Brian Dixon showed no emotion outside court Qian's mother Zhang Yaru clutched a photo of her daughter and cried through a translator she told cbc news that she and Qian used to talk every day at the same time but quote after she died whenever the time came or when i couldn't sleep at night i would turn on my computer as if my daughter would somehow appear on the screen saying hi mom i'm here she said after Qian's murder she had been so overwhelmed with grief that she had to quit her job quote it's not easy to get up every morning and bury our sorrow inside after the trial Brian's defense lawyer Robert Nuttall told the press that his client quote
Starting point is 01:02:44 has been absolutely remorseful for a very very long period of time Brian received the mandatory sentence of life in prison without parole for 25 years Liu Qian's parents delivered a victim impact statement describing their only daughter as a pretty angel born in Beijing in 1989 who gave them so much happiness and joy they spoke about Qian's intelligence her talents and art and writing and her generosity she was a keen blood donor volunteered often for worthy causes and would never refuse a request for help they spoke about how they think about Qian every minute of every day and had become fragile emotionally and mentally they now struggled to sleep they lost interest in eating and they
Starting point is 01:03:38 worry constantly about their future but they also wanted to continue to raise awareness of campus safety issues particularly involving international students while Qian's father earlier described the guilty verdict as fair and good for both their family and for the Canadian justice system he said there was more to be done quote more Chinese students arrive in Toronto every year at a young age most of them lack life experience and are not aware of safety issues student safety is not one student one school or one police department's responsibility it takes a collective effort one example he noted was that Qian's rooming house didn't have a public phone a landline or any form of organised communication all communication relied on the
Starting point is 01:04:33 individual devices of the tenants there was no way to call to check on Qian and no one knew how to contact the people she shared the house with if they had have perhaps the police could have been alerted sooner it was too late for Qian but it highlighted where the situation could be improved for the future immediately after sentencing brian dixon announced his intention to appeal he was still angry that he wasn't allowed to plead guilty to manslaughter and argued that the trial judge shouldn't have allowed the crown to reject his proposal after all as his own trial lawyer had argued it's not like it was murder apparently brian was only trying to steal some sex or fall around without Qian's consent brian's appeal also included a complaint that the judge
Starting point is 01:05:32 shouldn't have allowed his police statement to have been admitted into evidence because it contained a false statement he applied to legal aid to pay for his representation and they declined the request on the basis that his appeal lacked merit brian then appealed that decision asking for the attorney general's office to pay for it but the judge stood firm in 2016 the ontario court of appeal stated that brian hadn't demonstrated that it was in the best interests of justice to allow his application of appeal basically it was without merit in 2014 the toronto star published an open letter from chien's father jian hui titled we will never recover from this awful tragedy it was written in mandarin but generously translated by his friend professor charles burton who was at
Starting point is 01:06:30 that time at brock university but had been a colleague at the canadian embassy in beijing jian hui expressed regret that he wasn't able to communicate with the canadian public because of the language barrier but wanted canadians to know something of his daughter above and beyond what the media had published you've heard parts of this letter sprinkled throughout this episode and you'll find a link in the show notes to read the open letter and view some additional photos of chien and her artwork york university planted a tree in liu chien's memory in one of the courtyards on campus and initiated a five thousand dollar scholarship in her name to be given to a student at the university's english language institute where she studied and although her murder resulted
Starting point is 01:07:21 in increased awareness sexual assaults on college and university campuses remains a key issue in 2020 statistics canada reported on survey results that three quarters of canadian college and university students have either witnessed or experienced unwanted sexual behavior one in 10 women students had experienced a sexual assault in a post-secondary setting during the previous year and women with disabilities and the lgbtq plus community are especially vulnerable in most cases it was other students who identified as the perpetrators of unwanted sexualized behaviors and sexual assault not professors or others in positions of authority the majority of students around 81 percent indicated that the perpetrator's gender was male
Starting point is 01:08:18 the study didn't report on international students as they are often unrepresented as survey participants and for likely similar reasons they are among some of the most vulnerable as with liu chien they're away from their families and their main social networks there's often a language barrier they're more likely to be isolated and lonely and can experience challenges when navigating relationships within a new culture and they might not be aware of canadian laws or resources available to them universities say they remain committed to understanding student experiences education and awareness programs and ensuring access to supports for those affected by sexual violence but a 2018 investigation by mclean's magazine
Starting point is 01:09:10 included the stories of more than 40 survivors who reported that they felt abandoned by the canadian university after having been sexually assaulted on campus some survivors said university staff tried to downplay what had happened to them and victim blaming questions are common place like asking a survivor how many times they said no why they didn't scream or asking about their sexual history some survivors were asked not to contact the police or media and instead encouraged them to resolve the situation through mediation an effort clearly designed to protect the university's reputation others reported the university stalled with taking disciplinary action and allowed the perpetrator to move around and study on campus as normal potentially putting
Starting point is 01:10:02 other students at risk there were also complaints of callous counseling staff bureaucratic delays and a so-called 24 hour emergency hotline that was only staffed part time mclean's reported that across canada 31 percent of students said they were given no information on how to report a sexual assault and 25 percent said they were given no information on services available for students who are sexually assaulted and even then universities need to be doing more than just supporting those who have already experienced sexual violence they have to be committed to preventing it in the first place with prevention and awareness programs that go beyond reactive band-aid solutions like increasing security or police presence or asking those vulnerable to
Starting point is 01:10:55 change their behavior for example telling women not to walk on campus by themselves or stay up late a true commitment to prevention requires addressing the root causes of sexual violence but that is for another time thanks for listening and special thanks to jemma harris for research special thanks also to my close friend joanna and her family who helped me with the mandarin pronunciations as well as court documents and news archives this episode relied on the journalism of ellison jones adrian morrow timothy appleby and mark mckinnon for the global mail alicia hasham for the toronto star and shawn melin for global news for the full list of resources and anything else you want to know
Starting point is 01:11:52 about the podcast including how to access ad free episodes visit canadiantruecrime.ca if you've taken the time to leave a kind rating review or supportive message i really appreciate it thank you so much thanks also to the host of true for voicing the disclaimer and we talk of dreams who compose the theme song i'll be back soon with a new canadian true crime story see you then

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