Family 'devastated' as convicted killer of B.C. toddler released on bail

Family members of toddler Delavina Mack stared ahead in a Vancouver courtroom, as they heard a judge give her reasons for releasing convicted killer Phillip Tallio on bail.

Judge Elizabeth Bennett said she was confident the supportive housing society assigned to keep watch on Tallioin Abbotsford, B.C., would provide sufficient supervision.

Tallio has spent decades behind bars for killing the 22-month-old toddler, who suffocated during a sexual assault at a party in Bella Coola, B.C., in 1983.

Now, he isappealing the conviction.

Sarah Rauch, alawyer representing Mack's family, said the family was devastated by the news of his release.

"Every step is very difficult for the family, and they're very concerned [for the safety of other children].

As part of Tallio's bail conditions, he won't be allowed near daycares or playgrounds and will need to attend counselling.

He also can't be in the presence of anyone under 16, unless in the company of an adult.

Tallio has long maintained his innocence during his time in prison.

His lawyers have argued new testing of DNA samples could show he was wrongfully convicted of the child's murder.

The University of B.C.'s Innocence Project has been working on Tallio's case for several years. Lawyer Rachel Barsky, who now representsTalliowith the assistance of the Legal Services Society, said her clientis ecstatic overnews of his release.

"He literally could not speak for quite a few minutes and he was just crying over the phone," Barsky said.

The appeal is expected to be heard later this year.