Posts Tagged ‘police

Lulonda Flett, the map of human frailties, and where they can lead

- May 4th, 2013

1297184250604_ORIGINALAll it took was drunken anger and a match for a disadvantaged and unsophisticated mother of six to become Manitoba’s most recent mass killer.

To look at Lulonda Flett’s case and how she wound up where she is today — in jail for killing five people trapped in a rickety rooming house she torched at 288 Austin St. North in 2011 — is to consider truly human frailties which plague so many in our society.

The word ‘killer’ conjures up images for me, and many others. Hooded thugs who take lives without a thought. Remorseless predators so desperate to feel a sense of power and control they’d commit the ultimate sin to get there.

But that’s not Lulonda Lynn Flett, all things considered. And that’s the queasy irony of it all.

Ironic in that someone who’s as far from the stereotype of the common killer as she is, in the end, ends up taking more life away in one go than anyone else in my memory, including: teen gangsters armed with automatic guns or bona-fide family-loathing psychos.

People with histories like Ms. Flett’s don’t typically wind up in jail for mass slayings, at least not that I’ve seen. They usually wind up there because they shoplifted diapers, booze, or to feed a crack habit out of sheer desperation.

And it’s this dissonance, to me, that makes how she killed five people with one senseless act that much more of a mystery that’s been weighing on my mind for nearly two years now.

To her, the reason why she is where she is is simple. But I just don’t think that’s true. Maybe I’m over-thinking it.

“It was all about the drinking. That’s how I ended up here.” Lulonda Lynn Flett, to psychologist Dr. Kent Somers, early 2013

Could it be that simple? Or is it an excuse to try and dodge a potential life sentence in prison?

Lulonda Flett: The early years

The second-youngest of six siblings (a seventh died as an infant), Flett (then Harper) was born at the hospital in Norway House 41 years ago and soon brought back to her home community of St. Theresa Point.

Her mother’s doctor told her mom to give birth there because there was no appropriate medical facility in the small STP reserve, one of four which makes up the overall community of Island Lake.

A doctor visits there just once a month. Currently, of 521 Homes in STP – 463 have no water service and there’s an 83 per cent food insecurity rate.

Food prices are 50 per cent higher than average retail price — and this is today.

Who knows what it was like in 1971.

Mom was a community health worker and dad worked “odd jobs” to get their large family by.

Her folks drank, struggled with the bottle — excess Flett would ultimately came to see as “normative” behaviour in her later years.

Her parents’ parties often led her older sister to lock the younger kids in a bedroom when the adults were drinking. They’d watch TV or play music. She says dad would go on drinking “binges” to Winnipeg, sometimes staying there for months.

Flett’s older sister described violence breaking out after the drinking parties wound down. This prompted the sister to assume the role of protector to her sibings. She’d camp out on floor by the bedroom’s barricaded door to percent people from entering.

Sometimes, when her dad was on one of his city ‘trips,’ mom would go off to join him. Flett would be packed up to go stay at her aunt’s.

Sometime before she turned 10, Flett says an older relative began abusing her. She says she tried to tell her mother about what was happening, but was accused of “making it up so I wouldn’t have to sleep over there.”

She also says she tried to tell her aunt but, “nobody believed me [so] I just stopped trying to tell them.”

To this day, Flett remains curiously concerned about hurting her now 75-year-old mom’s relationship with her alleged abuser.

She says he tried to apologize to her once, but she rebuffed him. “I told him not to talk to me.” The relative was never charged.

Her mom, now 75 and caring for two of Flett’s children, ultimately quit drinking after Flett’s father got sick with stomach ulcers and suffered kidney failure.

Phase two: A portrait of Flett as a young woman

At around 14 or 15 years old, Flett was sent away from STP to start school in Teulon, at a residential school where nuns ruled the roost. Her sister — her elder protector — was also there.

Raised in a home where Oji-Cree was the main dialect, Flett had to adjust her tongue to the English language as the nuns wouldn’t tolerate a word being uttered in any other language. They “insisted,” she says.

Nonetheless, Flett got good marks and enjoyed school. She “never missed a day,” she says.

According to Dr. Somers, “school represented a refuge from the relative chaos at home, [and] she agreed.” She also enjoyed playing sports.

The sister had a bit of different view, saying she dropped out at one point but was convinced to return. She and others, she says, were treated to disparaging comments from some. “Go back to the bush where you belong,” were among the insults hurled at them.

It was around this time Flett took her first drink. She met a young man named Brian, and became pregnant. This was 1986-87.

She ventured into Winnipeg and had the baby at Villa Rosa. Wanting to return to high school, arrangements were made for her to live with a relative in Brandon to complete Grade 11. It didn’t work out as planned.

Flett says that relative’s drinking problem paved her a road back to St. Theresa.

She still hoped to finish Grade 12, and find a job at the local nursing station. But it seems the challenges of life as a new mom didn’t allow that to happen as time wore on. “I had no time for myself — I always had a baby,” Flett says.

By 18, she met her husband to be, B., a man with whom she’s had five children. He was a “nice guy,” Flett says.

But ‘Mr. Nice’ wasn’t to last.

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“They used to call me raccoon eyes”

By 22, Flett and B. married, and they went to live at his parents home in nearby Garden Hill. “She was an active and supportive parent to her children,” her sister says.

Around this time things started to get ugly for her.

“She reported that her husband insisted that she drink with him, ‘forced’ her to do so,” Dr. Somers writes of his interviews with Flett.

B. and she would drink “super juice” — a noxious homebrew seen by many as a plague in the “dry” Island Lake community, given the mayhem and sickness it’s spawned there over the years.

B. also insisted Flett smoke weed and later crack cocaine.

They’d smoke up marijuana “almost daily” and come home from work over lunch to get high, Flett reported.

Their marriage and substance-sharing didn’t appear to make the bond between them stronger. Instead, she says B. became “very abusive” on a physical, sexual and emotional level. Flett also says he cheated. He couldn’t keep a job.

“According to Ms. Flett, her husband would lock her in the house, take her shoes and remove the phone so that she couldn’t contact anyone or ‘run away.’ Ms. Flett related that her husband often hit her with objects, and also burnt her with a cigarette.

“She commented, ‘they used to call me raccoon eyes’ because of the bruising from the reported assaults,” Dr. Somers wrote.

It didn’t seem to ever get better. In fact, the  abuse escalated into the evil cycle of domestic violence.

“Ms. Flett recounted an incident in which he assaulted her and then dragged her across a patch of rough ground,” Dr. Somers said. He was charged and served six months in lockup — and was fully compliant.

“[W]hen he returned to live with Ms. Flett, the violence continued and it was ‘worse.’ It was a cycle, she kept going back to him, he’d apologize and convince her he’d never do it again.

Berating herself for believing him time and again, she says her in-laws “told her that the violence was ‘always’ her fault.”

Flett’s kids began begging her to not go back to B. “They said he was going to kill me one day,” Flett says.

She and B. eventually separated. He left for Thompson. She stayed in STP — for now.

Somehow in the midst of all this Flett worked at the community Northern Store and managed to acquire her certificates in Home Care support work and First Aid along the way.

But now her drinking, it didn’t stop.

It just got worse.

2009-10: a new beginning?

In 2009, Flett came into a bit of a windfall. It may have also been her downfall.

Having never claimed any federal benefits for the kids, Flett was handed a $14,000 child-benefits cheque and they moved to Winnipeg.

That year or early the next, Flett started dating C., who was 36 and from her community. They met while he was on a drinking trip to the city.

“For Lulonda, this was the best relationship she had ever known,” Flett recently told the writer of a “Gladue” report looking at her aboriginal background and circumstances.

“He never hit me, he never abused me, and he was always there for me,” Flett said. “The two were inseparable, spending all their time together,” the report states.

For a time — and bolstered by the child-tax money – Flett returned to STP, paid for her kids’ needs, helping to fix up her mom’s home.

But C. had his own troubles. An alcoholic himself, he’d panhandle or borrow cash from a relative to get by. Eventually, he started siphoning money out of Flett and the relationship took a dark turn towards an apparent cliff.

“Lulonda returned to the city to be with C. She paid for his wants — alcohol and survived on family and friends as she had no real address. C. was very controlling over money and Lulonda especially as her money dried up. C. and Lulonda were both now on welfare and were drinking constantly.”

It was reflection upon this phase which caused her to realize the power the booze had over her life. “It was all about the drinking. That’s how I ended up here,” Flett told Dr. Somers. 

Not seeing the drinking as a problem, Flett never sought treatment. Her kids urged her to take it easy but “even these pleas” didn’t trigger a desire to seek change, Dr. Somers reports.

“She reported only that she has “tried to quit,” prompting hospitalizations for alcohol withdrawal. Flett subsequently relapsed (evidently quite quickly) to stifle emotional pain and because of her affiliation with others who were drinking.”

She equated the hospitalizations largely as normal, given her upbringing (see above).

It was around here that someone made a call to Child and Family Services, while Flett was in the throes of a drinking binge.

Flett’s children were taken away. One was already living with an aunt. Two others went to live with her mom. The others went to dad.

Flett “voiced bitterness toward B., expressing the belief that he had made the call to CFS in 2010 that resulted in the apprehension of her children,” Dr. Somers wrote. “I kind of don’t trust him,” she said.

The alcohol abuse only escalated after the kids were removed from her care. “I was lonely and depressed; I was angry at myself … I didn’t care about myself,” Flett said.

She was drinking up to a 26 oz. bottle of liquor daily up until the day after her arrest. She’d withdraw in hospital, get a valium prescription to ease the symptoms upon discharge. Resuming her drinking habit was “virtually immediate.”

It’s like she was living in a black hole: Drinking, blacking out from it, waking up and starting again.

“I wish it was me who died.” 

“I was so out of it: I just remember drinking with C.”

This: Pretty much the only thing Flett remembers about the early morning she torched the couch on porch of 288 Austin St. N. An act of anger which would wreak havoc on the lives of so many.

Just days before, she had been cut loose from the Remand Centre after being snatched on an old warrant for an assault against a relative who stayed at the rooming house. Someone she was barred from being around by virtue of court-orders.

“She reported that (C.) had told her they had argued” on the night in question, but can’t remember what about, Dr. Somers said.

“She recalled attending 288 Austin Street North … but voiced uncertainty as to her actions, almost 20 months having passed.”

Flett was later arrested in a bar and had to be told about what she did and the “extent of harm done” by the officers who interviewed her, the psychologist said, adding:

“When asked about a possible motive for the office, Ms. Flett stated she had been angry at C’s mother, who apparently resided in the rooming house … Apparently, (C’s) mother had previously called the police complaining about Ms. Flett’s behaviour at the rooming house.

According to Ms. Flett, Mr. Harper’s mother has been concerned about the number of people in the building and the resultant noise. However Ms. Flett was clear she did not intend significant harm to others nor did she anticipate that deaths would ensue from her actions. 

She commented bleakly, ‘I wish it was me who died.’

She expressed a mixture of tearful remorse for her actions tempered only by a measure of incredulity at the extent of what had occurred.”

Instead, dead are: Norman Darius Anderson, age 22; Maureen Claire Harper, age 54; Kenneth Bradley Monkman, age 49; Dean James Stranden, age 44; Robert Curtis Laforte, age 56.

Flett knew one of the men personally, and says she was related to Maureen Harper.

The wreckage of the fire was incredible to behold. I remember distinctly being there. I will never forget it. 

Nearly two years sober, now

Flett today, is a “physically robust” (Dr. Somers’ words) woman living in the “Delta” wing of the Women’s Correctional Centre just outside of Winnipeg.

It’s special needs wing of the new prison, a place where she’s been subjected to intimidation by other inmates who have discovered what she did.

Dr. Somers, in his lengthy report on Flett, makes several findings about her psychological makeup and abilities, ultimately conclusing she’s a “vulnerable individual” who has serious intellectual deficits and only “modest internal controls” to help herself manage her behaviour.

“A significant aspect of these findings from intellectual testing, although notably limited at present, is that these data suggest a context for understanding Ms. Flett’s responses to events in her life. That is, her capacity for learning from prior experiences is likely to differ from that of others [whose abilities are are typical for their age.]…

“Her responses to stress or to problems in her personal life are likely to be more limited and less effective than are those of most others her age. Her actions are most likely to be directed by immediate considerations [most likely about herself] rather than anticipation of long-term consequences [those affecting both herself and others]. Her focus on her own needs and interests over those of others is not a reflection of callous self-interest, it is an expression of her limited capacity for anticipating others’ needs or reactions while being [in comparison] acutely aware of her own hurt, fear and perceived options.

She needs help, Somers ultimately finds.

Also, she’s no psychopath.

Somers found no “compelling evidence of psychopathy” in the woman.

That is: no display of traits suggesting exaggerated self-importance, callous lack of empathy for others, multiple and versatile patterns of offending, nor frank manipulations of others. (Those are essentially his words).

He notes, however, several “historical factors” associated with Flett’s offending risk. This quasi ‘probability of future harm’ assessment includes the findings:

  • Unabated substance abuse, with no intervention.
  • Chronic domestic abuse with physical injuries
  • Emotional neglect
  • Sexual abuse which persisted despite having tried to report it.
  • Disrupted schooling
  • No interventions; no treatment for mental health issues in past.

The Crown wants to send Flett to prison for life for what she did, for her guilty pleas to five counts of manslaughter.

Her own lawyers want to see her serve time amounting to no more than 10 years.

You can read all about the sentencing process elsewhere. That’s not the purpose of this (lengthy) post.

See, the thing is, after considering all the factors, I just don’t know what’s appropriate here in terms of jailhouse punishment. 

Let’s face it, even if she does get life, she’ll still be eligible — eligible — for parole after seven years. So really, the Crown’s bid is one for lifetime supervision. Considering the horrific double-fatal arson case of Howard Mason, the request may not be out of line. The request appears to fall a little flat, however, when considering Flett’s nearly total lack of criminal involvement.

Also muddying the mix is her comment to Dr. Somers about not anticipating deaths would result from her actions.

It has me seriously wondering: Can someone with Flett’s background — with the life she’s been through and her level of intoxication at the time — actually fire the synapses which would suggest otherwise? That she actually knew what she was doing?

I’m just not so sure.

Some parting words of forgiveness

Marie Anderson, the mother of Norman Anderson, who died in the horrible blaze, wrote Flett a simply-worded letter. The level of forgiveness expressed is unusual, and if taken sincerely – inspiring.

“I often think about you and wonder how you must be feeling. 

I am writing you this letter to let you know I am not mad or angry with you and that I love you even though I never met you.

It is really hard for me to think about this person that I love so much, that was taken away from me suddenly. 

I pray that things will go well for you in court and I do not want to lay charges but it’s not up to me, to make that decision.

I want you to know I want to put this behind me and move on with my life

God bless you and take care

–Marie Anderson

*** Note: The factual contents of this post were largely sourced from a psychological report written by Dr. Somers in April 2013 and a Gladue report authored for Flett’s sentencing hearing. I’ve attributed where possible — most, if not all the direct quotes from Flett are from the Somers report. 

Edited post-posting to clean up typos.

-30-

The injured hospital

- March 2nd, 2013

 

1297171642844_ORIGINALWe’ll never know what good the $1.2 million Michelle Cadger, 49, somehow managed to pilfer from the Misericordia Health Centre over a decade might have done if it had gone to public health services or capital projects instead of her raging VLT habit and penchant for gold.

Cadger will spend at least a year locked in Stony Mountain prison after being sentenced to three years this week for theft over $5,000. [Article here].

But, like Judge Wanda Garreck said, this was far from a victimless crime. Ultimately, as she says, it’s the public left holding the bag.

I can’t explain how an audit found $1.46 million was missing, but Cadger — who says she didn’t track her many thefts — only pleaded to stealing the million two.

I can’t explain how her husband of 25 years didn’t know something was amiss given they suddenly had a new Toyota and his wife — who made a $40,000 annual salary — had acquired luxury goods including:

  • A Louis Vuitton wallet
  • A Christian Dior purse
  • Many pieces of gold jewelry, some crusted with diamonds
  • A Tag Heuer watch
  • Diamond earrings

And while those items — along with the thousands left in bank account balances, the Toyota Corolla Sport [?] and envelopes stuffed with cash found in Cadger’s apartment — have been forfeited to the Crown, it was admitted it barely makes a dent to compensate what she took.

And then there’s the intangibles and ancillary costs the hospital [read: the taxpayer] incurred as a result of the colossal ripoff Cadger managed to perpetrate.

But I won’t hector you on it. Instead, below is presented the bulk of the victim impact statement the hospital’s CEO, Rosie Jacuzzi, filed in the sentencing hearing, for the record. An offer to read it into the record was declined, but the Oct. 28 statement was left in the hands of the judge to take into account.

The theft by Ms. Cadger has had a significant impact upon this small finance staff, other heath centre staff, the executive and the board of directors. MHC has never experienced a theft by an employee. Management and staff felt a sense of betrayal and violation of trust, a core value of the health centre and our founders, the Misericordia Sisters.

The large size of this theft, and the lengthy period of time over which it occurred has had a negative impact on the morale of staff. The review and interviewing process which have been necessary due to this theft has caused a high level of stress and anxiety to all involved.

Staff felt isolated and the morale plummeted resulting in turnover within the finance department. In addition, there was a loss of confidence in the finance department’s ability to steward resources effectively.

Given that MHC is a health care facility which is funded largely by public funds, I am also concerned that this theft has negatively impacted the excellent reputation of MHC and the Misericordia Health Centre Foundation, which is a charitable foundation providing further financial support for MHC.

This case has been widely reported on in the media. The negative publicity has potentially compromised donations and donor confidence in how the health centre steward their funds. MHC is in a 43 million dollar redevelopment campaign where out foundation is responsible to raise 7 million dollars from private donors toward the overall capital costs.

“The money that was stolen had a direct impact on the health centre’s ability to provide enhanced patient equipment, services and upgrades not funded by government and public dollars. The health centre’s operating and capital budgets are lean and ancillary funding is relied upon to provide enhancements that improve the quality of life for our patients and residents.

“In addition, the time spent by staff, executive and board of directors as a result of this theft has been significant.

The theft was first uncovered in January 2010, when the finance manager became aware that an excessive cash amount was ordered for the ATM located ay MHC in December.

As a result of this discovery, an internal review in January 2010 took months of time of the finance manager as it was necessary that she carry out an analysis of the physical flow of cash, how the cash was used and how it was recorded in the books.

As a result of her review with which revealed the cash shortage, MHC hired KPMG to carry out a forensic audit. This process took weeks to months of extensive interviews of the finance department staff by KPMG and a review involving an analysis of transactions for a ten year period.

Given the nature of this audit, finance department staff spent weeks retrieving and reviewing financial records and documents and meeting with accountants and the police in the course of the investigation.

Both the executive and the board of directors have also spent significant time reviewing these issues and providing direction. An extensive amount of staff timer and energy has been diverted to this theft which could have been utilized in a more constructive manner.

In addition to financial losses as a result the staff time spent on this extensive investigation, there have also been significant costs incurred by MHC, including the costs of the KMPG forensic audit, internal audit and legal fees incurred in providing advice to MHC.”

While it remains a mystery how nobody noticed the missing money for so long, it would be wrong to blame the victim. Misericordia does good work.

It would be wrong to let the actions of one dowdy gambling addict derail the public good they’re trying to do for the benefit of the sick and elderly in the city.

More information on the centre’s “future of care” program can be found here.


‘Your Honour, I implore you, don’t let this all be for nothing’

- October 29th, 2012
Screen Shot 2012-10-29 at 8

(Victim impact cover page)

Many times in our justice system, the aftershocks of criminal violence go unreported and are therefore can be under-appreciated.

Presented below — verbatim to the best of my ability — is the victim impact statement from a 55-year-old dad of three who was brutally attacked by a gang-involved city teenager.

His attacker, by my reading of the case, essentially ‘duped’ the man into coming back to a friend’s place so he could be viciously robbed and beaten within an inch of his life — and then dumped to die in a back lane.

Today, for the first time, the facts of this alarming case were aired in court.

(Article is here).

The teen (now a young man of 18 years old) is facing a seven-year prison sentence today. He was just a couple months shy of his 18th birthday when he set upon the victim.

His total take from the venture: $50.

For the unsuspecting victim, however, his misplaced trust led to major and debilitating injuries,nearly complete loss of income and a once productive and seemingly ‘normal’ life thrust into chaos — perhaps forever.

He couldn’t personally write the words presented below, which speak for themselves and are to be taken as his words except where noted.

They were inked with the consultation and help of family members obviously still reeling that someone could be so cruel.

But again, they speak for themselves. Here they are, for the record.

—-

On Oct. 15, 2011, I was robbed and beaten over the head with a weapon consisting of some type of a blunt instrument and left unconscious, bleeding to die in a back lane.

I was discovered by a nearby resident and the authorities were called on my behalf.

Once arrived at Health Sciences Centre I was taken into surgery for a significant brain injury. There was bleeding on both sides of my brain and the surgery was to relieve the pressure on my brain from the swelling.

I had blood streaming from every possible orifice. My eyes, my nose, my mouth and my ears … unrecognizable —

(The niece interjects):

It was horrific (seeing him).

In addition to the trauma to my brain itself I had three skull bones that were broken: an orbital bone and both cheekbones. I had many teeth knocked out and in addition to those others that are damaged and in need of repair.

I had bruised ribs and a bruised hip as well. I spent close to two months in the Health Sciences Centre, from Oct. 16 to Dec. 2, 2011 whereupon I was transferred to Riverview Health Centre in a specialize brain injury rehab program where I stayed for another three months.

For the the first three weeks of my stay at HSC I was in and out of a coma state.

I had no self-functioning in any capacity. I was fed intravenously, I had medical implements for urination and bowel movements. Once becoming aware of my surroundings I continued to have to wear diapers and use the bag for urination.

I had to continue to have a feeding tube as I could not swallow, and a ventilator for breathing.

During this time I could still not walk or talk. I was tied down to my bed because I was involuntarily thrashing as my brain was attempting to heal in order to ensure I did not do further damage to my body. So I could not even scratch if I was itchy.

This was the most traumatic time to me as a person, as it is from this time on that I have  some very clear recollections of the experiences in the hospital.

But I wasn’t able to tell anybody how I was feeling.

I have lost over 50 pounds.

At this point in time in my recovery I have slurred speech, memory loss, extreme confusion. I seem at times to drift in and out of time, similar to a stroke or alzheimer’s sufferer.

I had thought my deceased uncle and aunt to visit … but really only another uncle and I had only been talking about past shared memories.

I have undergone speech therapy, occupational therapy and physiotherapy during my stay at Riverview Health Centre. And I continue with this on an outpatient basis.

I have several issues with my sense of balance — my energy is low and I tire very easily. I still have issues with my throat and trouble swallowing due to swelling and scarring and damage from the tracheostomy surgery.

I have trouble reading and writing. I have trouble searching for words to describe myself.

I cannot drive a vehicle any longer. I’m not sure as to if or when this will ever be possible in the future. I have a permanent five-inch scar on the left side of my skull.

My hair will most likely never grow back in that area. I have been left with permanent seizures.

(His niece, reading the statement, interrupts):

Also — I’m not sure if we can interject — but one of the things that has happened as a result is he’s been left with these seizures, and he’s been in hospital since because he almost choked to death because he started seizing and the family didn’t know what to do for him at that point. They’ve since receive medical training — how to … first aid and triage response when and if this occurs again.

He’s been left with permanent seizures, and he’s been advised that this is due to the brainwaves on the right side of his brain are slower in comparison to that of the left side of his brain.

He’s been started on the following medications: [Drool-minimization meds]  — He was drooling all over himself and it couldn’t be controlled. [Seizure control meds]. Aspirin as a blood thinner, vitamins etc.

I might add that my uncle was in perfect health before this. He was a 30-plus year contraction worker — very very strong. And if he wasn’t in the physical condition that he was, he never, probably, would have survived these injuries. That’s because he was in impeccable health before this happened.

The emotional and financial ramifications are going to be hard to talk about, because obviously it’s very personal in nature, the niece said.

(The statement continues):

I feel useless. I feel humiliation as I’m not the man I once was. There are few things I am able to do on my own, for myself. I feel humiliated that the people I love saw me in such a vulnerable state.

Before I was attacked, I was a very composed person. I could always control my emotions. I didn’t even cry seeing my Gramma waste away from cancer. I didn’t cry when I got married or when my children were born. I did not cry at funerals.

I cannot control my emotions any longer. I cry all the time. I cry when I see people come to visit me. I cry when they leave. I cry when I get to go home on weekends and when I see my children. I am embarrassed by my speech; by the sound of my voice.

My voice does not sound like my voice anymore. I am very frustrated at most times because I cannot concentrate for any length of time. I have slow reaction-response time, physically, mentally and verbally.

I know what I want to say. I hear what I want to say, but it doesn’t come out right. I’m constantly searching for the right words. I’m quick to anger due to extreme frustration because I can’t just think.

I’m extremely paranoid and anxious and I’m constantly worried about people stealing what I have left.

When my family visits me at Riverview and we’re trying to enjoy time in the lounge, I am constantly going back to my room, checking to make sure nothing is gone.

I am scared my life will never be mine again. I had a 30-plus year career in construction. I have assisted to build some of the biggest monuments/buildings in Winnipeg.

One of my last projects was as foreman on the new James Richardson Winnipeg International Airport that I’m very proud of.

Will I ever be able to read and understand blueprints again?

Will I ever be able to exert the physical capacity I once did in life and on the job.

Will I ever be able to go play ball with my sons or skate with them?

Will I ever be able to even go to my sons’ hockey games as a spectator?

I can’t climb stairs right now.

I was the main income in my home — the main provider.

My wife and children have already struggled and suffered trying to make ends meet while I’ve been out of work awaiting sick benefits to begin.

I made around $60,000/year annually. I have lost at least $30,000 in wages as this is being written.

Sick benefits run out. Then what am I supposed to do?

I always had a Freedom 55 plan. Can I enjoy the golden years of retirement the way I have planned on?

I am restricted to my home, basically, when I go home. I cannot enjoy the things I once did with friends and family. Can I even do my duties at home?

I took care of my home and my yard. It’s my pride. And we have been faced with worrying that we may lose the house at some point.

Everything I have worked for. RRSP’s dried out and I did not carry critical injury insurance on my mortgage because I didn’t think anything like this would ever happen.

If I can never go back to work, my family will be living under the poverty line for income.

Will my marriage withstand this kind of pressure?

What if I start to remember the attack itself? Who will help me? What will happen to me?

What if I can never drive again? My freedom is gone. My ability to get back and forth to work is gone.

Again, that same thought: Will I ever work again? Who will cover costs for me for future expenses, for medications, home care, if I need any special equipment to return to my life at home? Even Handi-Transit expenses if that’s how I’m going to have to get around?

My family has their own lives. That can’t be there to drive me everywhere and my wife will have to be at work. Will I ever get to enjoy teaching my boy to drive?

It’s his 18th birthday (next spring) … will I even be home?

My daughter is only 13. She needs her dad. I have only seen my oldest son a couple of times since this attack because he couldn’t bring himself to look at me like this.

Can any amount of money really replace what I’ll be losing?

(The niece):

He just wanted to conclude by saying that it was a horrific attack on himself. Physically, emotionally and mentally — his life will never be the same. Why should (the accused’s) be the same?

He would like to say: ‘Please, Your Honour, I implore you, don’t let this all be for nothing.

Thank you for this opportunity to share the personal side of this attack and not just the legal aspects. Thank you for your consideration.

I would like to close by saying — if we can, because this is a victim impact statement and we want (the accused) to know how we feel and what has happened.

(The niece, speaking directly to the accused):

I looked at your family back there and I’m very sad for them. Because you’re going to be taken away from them, from their lives. Ok? This man here? This is my grampa. This is my grampa. And when Ms. Carson (The Crown) was reading … you said you wanted to speak to your grampa (when police arrested him and brought him in for an interview). Your grampa was who you wanted. And you know what? I understand that. Because my grampa is the man I go to when I’m down, when I need help, when I’m hurting. He’s the one I want.

“When I ever accomplish something wonderful, he’s the first person I want to tell. But I want to ask you — when you kept on saying, ‘the old guy,’ that you robbed and you beat, what if that old guy was your grandfather? How would you feel? That would destroy you obviously because you obviously love your grandfather a ton if he was the one that you wanted to be there with you.

And look at your pretty cousins back there. What if some boy did to them what you did to your girlfriend? Wouldn’t that outrage you? I think it would.

And you know what, I just want to say to you personally – I really hope you take this time to take advantage of all the programs they’ll have to offer you to get off of drugs and get out of trouble with gangs and maybe get an education so that when you do come out, you can be productive, and other families won’t have to suffer like we’ve suffered. Because my uncle will never be the same.

(The victim’s brother also addressed him):

We’re not a vindictive family. No matter what happens with this, nothing’s going to change my brother. You have a chance to rehab yourself, make something of your life and I strongly recommend you do that as a young man because my brother doesn’t have that chance.

-30-

As an aside, I can find no official statement from Winnipeg police acknowledging this incident ever happened.

‘I never had that kind of power!’

- October 4th, 2012

‘I never had that kind of power!’

Pissed off at their gang pal being maced and mugged by a rival banger, five people — all relatively young — elect to get revenge.

Their chosen method of retribution?

Storm out of their Furby Street safehouse armed with hockey sticks, head into a basement suite at a nearby Sherbrook Street apartment block and torch the place by stuffing paper, sheets, blankets — whatever — onto the hot stove. And then run.

“Gonzos,” a co-accused is reported as saying as he put stuff over the hot stove. “Everything’s on fire.” The entire building was destroyed. Many lost everything except the clothes on their backs.

“As soon as I saw the fire, I ran,” the youth said. “I couldn’t believe the smoke.”

What proof did the Bloodz gang have to show this apartment should be targeted?

They once saw a Mad Cowz member hanging out in there. So, nothing conclusive. Basically just a hunch.

One result: a $1-million dollar devastation, 40 people left homeless, 19 of those people [including a bunch of kids] hospitalized, a pregnant woman’s miscarriage, and a whole whack of terror and fear for innocents who to this day still have trouble sleeping lest they not get out alive again.

Another result? A 17-year-old ‘kid’ now entertaining the option of being able to run his own gang crew because of the notoriety his despicable act of arson gained him.

Another result: Three adult suspects likely to skate easy in court because it’s going to be difficult to prove who actually did what and when.

And the final result: A suspect on the lam for nearly a year now because family members are choosing to hide him from police on some reserve instead of doing the right thing and hauling him into the nearest police detachment to face justice.

Yes. Oh yes. There have been very few crimes in Winnipeg of late that have both intrigued me, sickened me and infuriated me like the gang-retribution arson at 577 Sherbrook St. — perpetrated Jan. 14 in the early morning hours when many of the children, women and men peacefully living out their lives there were likely sleeping and had to run like hell to save their skins.

I wonder how they’d feel today knowing one of the people who caused their misery — he’s 17 today — now stands to gain from it if he so chooses.

From the Crown, referencing the psych report conducted for the youth’s benefit after he pleaded guilty:

“I think the most jarring part of this is his gang membership and how he feels about it … when asked about his future plans regarding gang association, he states he’s not certain what else he wants to do. On one hand, he says he’s considering quitting the gang association. However on the other hand now he could be a leader, have his own gang or crew,” Ericka Dolcetti, quoting from the report.

“And he added as an exclamation: ’I never had that kind of power!,’

“He’s not learned from this at all. In fact, maybe this has given him some street cred,” Dolcetti said.

“… He is absolutely a danger to the public,” Dolcetti said today. “He uses his fists and he doesn’t use his words.”

When the group fled the scene, they returned to the safe house and continued partying.

“Yeah, we got them!,” “I lit up the kitchen!,” and “I lit up the couch,” were their happy cries.

When cops arrived a few minutes later, the officers themselves heard though the door:

“I burnt the whole fucking place down — go check it out!,”

The party ended when cops came through the door at gunpoint. The jig was up.

—-

Since the age of 6, the offender in question has been bounced from CFS foster placement to CFS foster placement — as many as 15 times in a decade.

He drinks, yes, but weed is his daily drug of choice (although he’s experimented with cocaine, morphine, ecstasy and Restoril).

“Weed is my best friend … I can’t answer if I’d ever stop,” he told a probation officer.

In recent years, he’s had several family members die. That’s been hard on him.

Due to the constant shuffling around, he has major attachment issues, feels “frequently worthless and has been diagnosed with PTSD due to his upbringing. He lives “vividly in the moment of past trauma,” a leading youth psychotherapist says. He has an “overreaction to threats, real or imagined.”

He says it was a female cousin who “pressured” him into tagging along with the group that morning — pushed him out the door, telling him to go back up his brothers.

“He is remorseful,” his lawyer says.

The youth gave an oddly-worded apology for his actions in court. Odd in the sense his words seemed so careful and structured that one couldn’t help but question their sincerity.

“[I] take responsibility on my part — [I] burned down that apartment building. I know it’s irreversible what I’ve done. I’m very remorseful for the people I hurt, the pain I caused  and damage I caused [to] people in that apartment building.

Alcohol and drugs had a really bad effect on me that night. I plan to work on that during my stay at the Agassiz Youth Centre. I also plan to work on my social skills, my employment skills and other skills that are available to me at the Agassiz Youth Centre.

I’ve suffered lots, lots of deaths in my life — losing my mom and dad [is a] big problem for me … depression, overwhelmed with anger … I still have major thinking errors.”

—-

At the time of the arson, the youth was on probation and had been AWOL from his latest group home for just shy of a month.

Prior to that, he breached conditions of his probation on Dec. 5, 9, 12, 13, 14, 15 and 16. It wasn’t stated in court why he wasn’t breached and put back in lockup after he came back on the 6th.

Prior to that, between October 21-29, he also breached by not returning to his group home.

Prior to that, on Aug 22-23, he didn’t check in as directed to do so. He was arrested for this and got bail.

There’s no real point of presenting any of the above, except a certain professional satisfaction that there will be a record of this somewhere — a record beyond the basic newspaper retelling of what happened, and how such a major crime was dealt with by the system.

This kid is a mess, and you could with a straight face make the argument he never really had a chance to be anything but.

At the end of the day however, he’ll be free 27 months from now. And I hope, sincerely, we’ve seen the last of the worst he’s capable of doing.

-30-


Shawn Lamb: the record, for the record

- June 28th, 2012

(Chris Procaylo/Winnipeg Sun/QMI)


In recent days, many have requested the publication of accused Winnipeg serial killer Shawn Lamb’s extensive record of criminal court convictions in full, given his case has raised so many questions about chronic offending.

I present it here, in full, for the public record.

Entries listed note the court centre where the convictions were entered, the charge and the resulting sentence imposed.

Background on what you’re about to read below can be found here, here, here, and here. And here.

  • 1976/08/18 Toronto

Attempt Fraud

Conditional Discharge, 1 yr probation

  • 1976/11/02 Barrie 

Theft over $200

Theft under $200

Breach probation

Break, enter and commit offence

6 months jail on the theft over, with lesser periods noted concurrent on other charges.

  • 1979/04/13 Barrie

Break, enter and theft

18 months jail, the sentence was appealed and reduced to 9 months

  • 1979/05/30 Barrie

Break, enter and theft

6 months jail consecutive to sentence already being served

  • 1979/09/25 Barrie

Possession of a narcotic

15 days jail

  • 1979/11/27 Guelph

Escape lawful custody

9 months consecutive to sentence already being served, later appealed down to time in custody.

  • 1979/12/14 Port Hope

Mischief

30 days concurrent with sentence already being served

  • 1980/07/07 Barrie

Drug possession

Possess for the purpose of trafficking x2

9 months and probation on possession, 2 years on the trafficking counts.

  • 1980/12/21 Winnipeg 

Armed robbery

Assault peace officer x2

2 years on the robbery, 6 months on each of the assault PO counts (consecutive)

  • 1984-04-18 Winnipeg

Assault causing bodily harm

5 months jail

  • 1984-11-29 Winnipeg

Theft under $200

1 month jail

  • 1985-02-28 Winnipeg

Assault cause bodily harm

Mischief

6 months on the assault, 1 month concurrent on mischief. Assault sentence was hiked on appeal to 12 months to be followed by 18 months of probation.

  • 1987-03-11 Barrie

Assault x2

Assault

Fail comply with bail conditions

6 months consecutive on the first two assaults, 3 months each on the other assault and bail breach, consecutive.

  • 1987-08-20 Guelph

Attempted obstruction of justice

Assault

Fail comply with bail conditions

Fail attend court (in Calgary, Alberta)

Theft over $1,000

Fail comply with probation order

5 months less a day on each charge, concurrent

  • 1988-06-06 Chilliwack, British Columbia

Assault

30 days and 2 years of probation

  • 1988-08-05 Vancouver

Care and control of a vehicle while over .08

$600 fine and 40 days time in custody noted

  • 1989-04-19 Edmonton

Mischief

$250 fine and 10 days time in custody noted

  • 1989-11-15 Edmonton

Utter threats

Possession of a weapon

1 day jail on each charge.

  • 1990-01-29 Edmonton

Uttering a forged document

30 days jail

  • 1990-07-12 Edmonton

Theft under $1,000

Obstruct peace officer

$200 and 15 days time served on the theft; $50 and three days time served on the obstruct

  • 1990-07-16 Edmonton

Theft over $1,000

3 months

  • 1991-02-21 Edmonton (RCMP High Prairie arrest)

Theft under $1,000 x2

Fail to appear

Fail to attend court

Fail bail condition

$200 fine on thefts plus 20 days jail, $100 fine on fail appear plus 10 days, $100 fine plus 10 days on attend court breach, $200 plus 20 days on bail breach

  • 1991-03-13 Slave Lake

Assault

5 months jail 

  • 1991-08-01 Edmonton

Theft under $1,000

$50 fine and 10 days TIC

  • 1992-02-06 Slave Lake (Slave Lake RCMP arrest)

Sexual assault

4 years prison plus a 5 year firearms prohibition

  • 1992-06-08 Innisfail 

Fail to comply with probation order

30 days concurrent with prison sentence

1993-06-17

PAROLED

1994-06-29

PAROLE VIOLATION, RECOMMITTED TO PRISON

1995-11-28

STATUTORY RELEASE

1995-11-28

STAT RELEASE VIOLATION, RECOMMITTED TO PRISON

  • 1996-07-05 Edmonton

Assault

9 months

  • 1997-07-09 Edmonton

Fail to appear

Theft under $5,000

1 day on fail to appear, $150 fine and three days TIC on theft

  • 1997-12-19 Edmonton

Break, enter and theft

4 month conditional sentence and 1 year probation

  • 1998-09-17 Winnipeg

Possession of property obtained by crime over $5,000

Public mischief

3 months on each charge consecutive plus two years of probation

  • 1999-06-23 Winnipeg

Utter forged document

Possession of property obtained by crime

30 days jail and a restitution order

  • 2000-01-14 Winnipeg

Utter forged document

Possess property obtained by crime over $5,000

Utter forged document

Possess property obtained by crime under $5,000

Fail to comply with bail condition

45-day intermittent sentence on first 2 charges, 30-days intermittent on next two, 1 day on the bail breach

  • 2000-04-06 Winnipeg

Unlawfully at large

30 days consecutive to sentence already being served

  • 2000-09-11 Winnipeg

Unlawfully in a dwelling house

Assault cause bodily harm

Fail to comply with probation order

2 years jail and two years of probation

  • 2001-09-11 Winnipeg

Possess property obtained by crime under $5,000

Fraud over $5,000

1 year jail on each charge concurrent

2001-09-22 Winnipeg

Possess property obtained by crime under $5,000

Fraud over $5,000

1 year concurrent with sentence already running

  • 2002-03-26 Winnipeg

Utter threats

Time served of 68 days

  • 2003-04-25 Winnipeg

Theft under $5,000

Utter threats

Assault peace officer

Time served of 6 months and 7 days

  • 2004-12-24 Winnipeg

Fail to comply with bail order x2

Fail to appear

Time served of 45 days on each charge concurrent

  • 2005-06-30 Winnipeg

Utter forged document

Break, enter and theft

Theft under $5,000

Theft over $5,000

Posess. property obtained by crime under $5,000

12 months jail with 11 months TIC noted and 3 years probation

  • 2006-08-31 Winnipeg

Assault peace officer

Possess property obtained by crime under $5,000

Time served of 115 days

  • 2007-09-07 Winnipeg

Possession of property obtained by crime under $5,000

Theft under $5,000

Posession of stolen credit card

6 months jail and 274 days of pre-sentence custody noted

  • 2008-11-07 Winnipeg

Carry concealed weapon

Possess property obtained by crime

Time served of 205 days

  • 2009-01-16 Winnipeg

Attempted Robbery

18 months conditional sentence, 3 years probation, supervised

  • 2010-05-26 Winnipeg

Possession of property obtained by crime — motor vehicle

Forgery x9

Theft under $5,000

Robbery with violence x2

13.5 months at double credit (27 months) noted, 19 months going forward AND the resumption of the 2009 conditional sentence order and the 3 years supervised probation.

-30-



SHAWN LAMB: Where does the buck stop in Manitoba Justice?

- June 27th, 2012

(Carolyn Sinclair, one of Lamb’s alleged victims)

After having a couple of days now to be immersed in the information on suspected city serial murderer Shawn Cameron Lamb, there’s still so many more questions than answers.

And it’s not the usual questions eating away at me.

For me, and I admit it’s really gotten under my skin, the number one thing that’s been eating away at my mind is:

Why was Lamb free prior to the full expiry of his 19-month jail sentence (from May 26, 2010).

He served only 13 of the months despite his horrendous record.

But more importantly:

Why was a provincial judge’s order regarding how Lamb’s sentence should be served either totally ignored or at least countermanded by Manitoba Corrections?

It’s a little convoluted, but please bear with me – the context is uber-important.

In January 2009, Lamb got a major break from Judge Wanda Garreck: an 18-month long conditional sentence and three years of probation (supervised) for an attempted robbery of a mom who simply happened to be in the area pushing her baby near where Lamb was smoking crack.

As it’s often touted, a CSO is “a jail sentence” where a criminal is allowed to serve it in the community, usually tied to several stringent conditions which are supposed to be supervised and enforced by a “sentence supervisor” and probation officers.

Breaching CSO conditions is supposed to lead to immediate rearrest and incarceration and the possibility of having the remainder of the CSO terminated and turned into real jail time in a real locked jail.

Some of Lamb’s CSO conditions included: mandatory counselling, mandatory residential rehab, Narcotics and Alcoholics anonymous provisions, 100 hours of community service, no drugs, no drinking, seeking and maintaining employment or schooling, medical or psychiatric treatment as directed.

Most importantly, it included a strict curfew, structured as follows:

First 6 months: Absolute. 24-7 curfew.

Second 6 months: 6 p.m. to 8 a.m.

Third 6 months: 9 p.m. to 7 a.m.

So. Lamb walks out of the Remand that day and roughly a week later is re-involved, or as the Crown put it: “He gets right back to work.”

Lamb swipes a Ford Taurus from a banquet hall and then forges signatures on 9 cheques stolen from inside the vehicle. He’s not arrested right away because police didn’t immediately recognize him on surveillance tapes.

He’s not arrested until April 2009, not until after he’s committed two “opportunistic” violent robberies and admits he’s been using crack while out on his conditional release.

Anyhow, he sits in jail for 13.5 months until that fateful day when Lamb appears before Judge Linda Giesbrecht on May 26, 2010.

She’s told of his horrendous record, the facts of his slew of crimes and given a complete breakdown of how many violent convictions he’s had.

Giesbrecht said Lamb’s rap sheet was “coming very close” to the worst she’d ever seen.

Lamb, when given the opportunity, goes on an extremely lengthy tirade about how he’s changed, the steps he’s taken to correct his life; that he was “doomed to fail” when he was granted the CSO in 2009 because things didn’t immediately fall in place for him as expected.

He’s taken responsibility and doesn’t want to hurt anyone any more, he says.

(Remember, Lamb’s been in front of 45 or more sentencing judges since 1976. He’s old hat at how things work by now.)

A joint recommendation for a sentence is proposed, and accepted for guilty pleas to 16 charges.

The sentence was: 13.5 months of time-served at double time credit (27 months), 19 months going forward, and an order that the remaining months of the previous conditional sentence (Y’know, the one he totally breached within a week or so of being out on it) would not start up again until he was released from jail on the new 19-month term. 

Importantly, the Crown stayed an allegation he breached the conditional sentence order. This is key. The CSO was not converted into jail time.

It was simply suspended — held “in abeyance” is how it was put in court. There was discussion between the lawyers as to whether this was the case, and it was agreed: The clock on the CSO stopped ticking when he was rearrested and was not completed.

In pronouncing Lamb’s sentence, Giesbrecht couldn’t have been more direct as to her wishes.

“It’s clear when you’re released the conditional sentence — whatever’s left of that — starts up, and that will be a considerable restriction on your liberty,” she said. “There’s going to be lots of help for you in the community when you’re released.”

She repeated same a few minutes later:

“That (CSO) will not run while you continue to serve your 19-month sentence … and whatever is remaining (13-14 months) will continue to run after you’re released for your 19-month sentence.”

But it didn’t. The province confirmed as much on Tuesday.

Seemingly adding insult to injury, Lamb — despite his extensive record of giving his middle finger to the law — still got automatic “earned remission,” and had six months lopped off his jail time.

So much for community supervision. So much for Giesbrecht’s ruling.

I asked the province the following prior to writing on this in Wednesday’s Winnipeg Sun.

“Just wondering about that request I asked for on Shawn Lamb’s release date last year?
Also, is there a chance I could please speak with someone in corrections about this case?
Upon his release last year, Lamb was supposed to have completed the remainder of an 18 month conditional sentence handed to him in January 2009 (he was rearrested a few months (after)  it started and held in abayance until his 2010 sentence was complete.
Wondering if that’s the case here.”

Here’s the two sentence response I got:

LAMB was released on June 24, 2011 (including 27 months of remand credit).
On the question of serving out the Conditional sentence order – for all intents and purposes the conditional sentence was satisfied, including the period of incarceration, so it had been served and all conditions and requirements had been met when he was released on June 24, 2011.

My request to speak with an official in corrections was not addressed.

(To be honest, I wasn’t expecting it to be. For the largest department in Manitoba Justice, you strangely seldom hear a scurrying word about their operations.)

Justice Minister Andrew Swan wouldn’t comment when asked about Lamb’s early release, citing the start of the criminal prosecution and ongoing police investigation.

I’d ask you to note how this issue really has nothing, except very tangentially, to do with the murder or sexual assault allegations Lamb now faces.

It does, however, have everything to do with where the buck stops in Manitoba’s justice system.

The only way I can see to put it is like this: A judge’s order regarding how best to sentence Lamb was either disobeyed, ignored or countermanded by corrections officials. 

I don’t know who allows the department to do this.

The public expects that a judge’s decision is final and should be obeyed.

If a Manitoba Justice department doesn’t seem to take judges’ rulings on sentences seriously, why should criminals? Why should you or I?

I expect that a judge’s decision be respected and followed as it was directed.

In this serious case, it wasn’t. We don’t know if Lamb took the mandatory rehab and psychological programming. Did he complete the 100 hours of community service? We don’t know.

We’re not really allowed to know and it’s ridiculous.

And I think we all deserve answers what happened here.

-30-


Peter Laporte trial notebook: 1

- June 1st, 2012

Image

I could swear I saw pale-skinned, pony-tailed Peter Laporte look wistfully at his mother from the prisoner’s box.

She had just turned up in courtroom 120 to testify against him.

It was one of those bizarro moments in court proceedings you don’t fully expect.

I’m likely dead wrong, but from the half-second glimpse he gave the woman from across the sterile room as she came in, I thought the best word to describe his look was: ‘wistful.’

After all, it’s not like he didn’t know it was coming, what mom likely had to say.

Ms. Laporte’s testimony wasn’t forced, tearful or in anyway reluctant.

She was asked questions and she answered each in a forthright, plainspoken and clear way — largely without emotion.

She’d smile once in a while when the lawyers didn’t get something she previously said exactly right.

I’ve spent a number of hours now sitting in Laporte’s hearing.

Not all of his trial, but a good chunk of it.

I’ll glance over at him from time to time to watch how closely he’s paying attention, making extensive notes on yellow paper and consulting frequently with his defence lawyer, Crystal Antilla.

I’ve followed Laporte’s extensive legal saga at a court-ordered distance since Nov. 25-26, 2008, when I exclusively uncovered his case for the Winnipeg Free Press.

That’s 3.5 years now it’s taken to come to a bona fide public hearing, if anyone’s counting.

Laporte’s pleaded not guilty to a list of serious charges, including ones relating to the alleged aggravated sexual assault of an eight-year-old boy.

And from what I’ve heard so far, not one witness called by the Crown could place him at the scene of any of the crimes.

To the alleged victims, the attacks were random, committed by a total stranger to them.

So far, by my reading, it has all the hallmarks of a classic ‘identity case’ — where it’s unclear in fact or law if the right suspect is the one police charged with the crime.

That all appeared to change Thursday afternoon, when Laporte’s mom testified that it’s her son on surveillance footage from the two apartment blocks where the crimes took place.

While that fact alone doesn’t mean anything in and of itself, it does place Laporte at the scene, thus creating tough hurdles for his defence to overcome.

I mean, when you have your own mother say (essentially), ‘Hey, that’s my boy there’ on video guiding a kid into an apartment stairwell just moments before a serious sexual assault takes place, that can only definitively be called one thing at this point: problematic.

Nevertheless, Ms. Laporte’s testimony may all come to naught.

Antilla will argue strenuously to have the mom’s testimony struck from the record based on an as-yet unrevealed legal argument.

But what really struck me about Lucille Laporte’s evidence is how it was obtained by police.

Laporte has been in continuous remand custody since Nov. 23, 2008, the day the allegations arose.

But it wasn’t until summer 2010 that sex-crimes investigators asked two colleagues completely unconnected to the case to bring Laporte’s mom in at the behest of the Crown to watch a few edited clips of surveillance footage from two apartment blocks in hopes of cementing the accused’s identity.

The mom wasn’t told any reason why she was being asked to look at the footage.

She was only asked if she’d come in and watch it to see if she recognized anyone.

That meeting didn’t happen until Sept. 2, 2010.

The exchange was, unusually, videotaped in a PSB office at Sgt. Cheryl Larson’s desk.

The mom is shown clips from a Cumberland Avenue apartment-block lobby (her own building).

“My son, Peter Laporte,” she says after viewing the entire clip. “I recognized him as his face turned to profile.”

She’s shown more clips of the inside of human shapes shifting inside a Mac’s store adjacent to the building.

“I don’t want to make a guess,” she says, carefully. “I’d be guessing.”

She’s then shown the lobby surveillance from the separate building where the boy was attacked.

“And then there’s Peter again,” she tells Larson. “Peter Laporte, my son.”

Larson plays her another clip — again of the Mac’s store.

Lucille doesn’t want to guess.

“Body shape, I’d say that was Peter,” she says, but adds she can’t be sure.

She’s shown one more clip of the lobby of her own building, where she at the time had lived for more than a decade.

“That was my son, Peter,” she says. “Yeah. That’s Peter.”

She said much the same under direct examination from Crown attorney John Field, who played her the video of her with Sgt. Larson as corroboration.

Ms. Laporte also divulged a number of other background details about her son.

Locked in a custody fight for his young daughter, Laporte came to live at his mom’s place in and around September 2007.

Prior to that, he had been gone “a very long time,” she said, later adding the last time before then she saw him was 2001-02.

But something happened on Dec. 15, 2007, she said. She awoke on the 16th to find him gone.

“I phoned the Public Safety Building first,” she told Field and Justice Perry Schulman.

She was told her son was in custody.

After going to see him at the Winnipeg Remand Centre, she learned Laporte had been charged with attacking a woman in her building, she said.

Laporte’s version went something like this, according to her testimony:

He had been trying to help a woman who appeared, bloodied, at the building’s entranceway.

He let her in to use the phone in the apartment, but after coming upstairs with him, she changed her mind and produced a bottle of wine.

They wound up in the stairwell, but later moved to the laundry room and drank until they passed out.

The next day (Dec. 16 2007) police arrest him and charge him with attacking her.

He told me she had a bleeding nose, blood on her face,” Ms. Laporte told court. “He didn’t think (her injuries) were severe.”

Laporte said her son came home in November 2008, saying that “lab work” had “exonerated” him and the charges were dropped.

Court records show the charges were stayed about 10 days before the allegations Laporte is now involved in fighting came to light.

The trial continues.

Peter Laporte trial notebook: 1

- May 31st, 2012

Image

I could swear I saw pale-skinned, pony-tailed Peter Laporte look wistfully at his mother from the prisoner’s box.

She had just turned up in courtroom 120 to testify against him.

It was one of those bizarro moments in court proceedings you don’t fully expect.

I’m likely dead wrong, but from the half-second glimpse he gave the woman from across the sterile room as she came in, I thought the best word to describe his look was: ‘wistful.’

After all, it’s not like he didn’t know it was coming, what mom likely had to say.

Ms. Laporte’s testimony wasn’t forced, tearful or in anyway reluctant.

She was asked questions and she answered each in a forthright, plainspoken and clear way — largely without emotion.

She’d smile once in a while when the lawyers didn’t get something she previously said exactly right.

I’ve spent a number of hours now sitting in Laporte’s hearing.

Not all of his trial, but a good chunk of it.

I’ll glance over at him from time to time to watch how closely he’s paying attention, making extensive notes on yellow paper and consulting frequently with his defence lawyer, Crystal Antilla.

I’ve followed Laporte’s extensive legal saga at a court-ordered distance since Nov. 25-26, 2008, when I exclusively uncovered his case for the Winnipeg Free Press.

That’s 3.5 years now it’s taken to come to a bona fide public hearing, if anyone’s counting.

Laporte’s pleaded not guilty to a list of serious charges, including ones relating to the alleged aggravated sexual assault of an eight-year-old boy.

And from what I’ve heard so far, not one witness called by the Crown could place him at the scene of any of the crimes.

To the alleged victims, the attacks were random, committed by a total stranger to them.

So far, by my reading, it has all the hallmarks of a classic ‘identity case’ — where it’s unclear in fact or law if the right suspect is the one police charged with the crime.

That all appeared to change Thursday afternoon, when Laporte’s mom testified that it’s her son on surveillance footage from the two apartment blocks where the crimes took place.

While that fact alone doesn’t mean anything in and of itself, it does place Laporte at the scene, thus creating tough hurdles for his defence to overcome.

I mean, when you have your own mother say (essentially), ‘Hey, that’s my boy there’ on video guiding a kid into an apartment stairwell just moments before a serious sexual assault takes place, that can only definitively be called one thing at this point: problematic.

Nevertheless, Ms. Laporte’s testimony may all come to naught.

Antilla will argue strenuously to have the mom’s testimony struck from the record based on an as-yet unrevealed legal argument.

But what really struck me about Lucille Laporte’s evidence is how it was obtained by police.

Laporte has been in continuous remand custody since Nov. 23, 2008, the day the allegations arose.

But it wasn’t until summer 2010 that sex-crimes investigators asked two colleagues completely unconnected to the case to bring Laporte’s mom in at the behest of the Crown to watch a few edited clips of surveillance footage from two apartment blocks in hopes of cementing the accused’s identity.

The mom wasn’t told any reason why she was being asked to look at the footage.

She was only asked if she’d come in and watch it to see if she recognized anyone.

That meeting didn’t happen until Sept. 2, 2010.

The exchange was, unusually, videotaped in a PSB office at Sgt. Cheryl Larson’s desk.

The mom is shown clips from a Cumberland Avenue apartment-block lobby (her own building).

“My son, Peter Laporte,” she says after viewing the entire clip. “I recognized him as his face turned to profile.”

She’s shown more clips of the inside of human shapes shifting inside a Mac’s store adjacent to the building.

“I don’t want to make a guess,” she says, carefully. “I’d be guessing.”

She’s then shown the lobby surveillance from the separate building where the boy was attacked.

“And then there’s Peter again,” she tells Larson. “Peter Laporte, my son.”

Larson plays her another clip — again of the Mac’s store.

Lucille doesn’t want to guess.

“Body shape, I’d say that was Peter,” she says, but adds she can’t be sure.

She’s shown one more clip of the lobby of her own building, where she at the time had lived for more than a decade.

“That was my son, Peter,” she says. “Yeah. That’s Peter.”

She said much the same under direct examination from Crown attorney John Field, who played her the video of her with Sgt. Larson as corroboration.

Ms. Laporte also divulged a number of other background details about her son.

Locked in a custody fight for his young daughter, Laporte came to live at his mom’s place in and around September 2007.

Prior to that, he had been gone “a very long time,” she said, later adding the last time before then she saw him was 2001-02.

But something happened on Dec. 15, 2007, she said. She awoke on the 16th to find him gone.

“I phoned the Public Safety Building first,” she told Field and Justice Perry Schulman.

She was told her son was in custody.

After going to see him at the Winnipeg Remand Centre, she learned Laporte had been charged with attacking a woman in her building, she said.

Laporte’s version went something like this, according to her testimony:

He had been trying to help a woman who appeared, bloodied, at the building’s entranceway.

He let her in to use the phone in the apartment, but after coming upstairs with him, she changed her mind and produced a bottle of wine.

They wound up in the stairwell, but later moved to the laundry room and drank until they passed out.

The next day (Dec. 16 2007) police arrest him and charge him with attacking her.

He told me she had a bleeding nose, blood on her face,” Ms. Laporte told court. “He didn’t think (her injuries) were severe.”

Laporte said her son came home in November 2008, saying that “lab work” had “exonerated” him and the charges were dropped.

Court records show the charges were stayed about 10 days before the allegations Laporte is now involved in fighting came to light.

The trial continues.


Downtown Winnipeg: Personality sketches ii

- May 26th, 2012

This is the second in a series of sporadic reports about criminally-involved people who habitually inhabit and wander downtown Winnipeg.

There’s a lot more to them and their lives than I’d bet most care to realize.

These are true stories. 

Screen Shot 2012-05-26 at 5

Downtown Winnipeg tales #2: George Leslie Guimond, 54 (*See note at bottom*)

Garbage bin fires are a big deal in Winnipeg and have been for years, regardless of how one feels about their stature on the overall arson hierarchy.

Look at it from a firefighter’s point of view: He or she doesn’t care that the blaze began in an Autobin or a recycling blue box. It has the potential to spread quickly and become lethal. They’re treated as emergencies.

They cost real dollars to extinguish and are potentially very dangerous. That’s the bottom line.

In the chart provided to city council just a few months ago, you can see that rushing out to trash can fires outstrips other Winnipeg Fire Department emergency calls by not just a long shot — but a long, long shot.

George Guimond sets garbage bin fires.

From the information I have before me today — largely collected in 2005 and 2006 after cops tediously tracked an arson spree of his and linked him to 16 trash fires over four days — Guimond doesn’t know or particularly care why he sets them.

He just does it. Last time, in August 2011, it was because a housecat caught his ire for some unknown reason and he light a blue box alight in a Langside Street lane.

The damage was exceptionally minimal — $100 — but that’s not really the point.

His history is the point.

Guimond is 54. He’s homeless and has been homeless and transient for years. But he’s one of us, a citizen of Winnipeg.

He has the equivalent of a Grade 6 education. In 2005, he couldn’t say who the Prime Minister of Canada was at the time — and Mayor Sam Katz was “that baseball guy … after Glen Murray.”

Guimond appears hopelessly addicted to sniffing paint-stripper fumes.

“Mr. Guimond also acknowledged that he has, in the past, experienced visual hallucinations and blackouts, both ‘when high,” a forensic psychologist wrote to the provincial court at the time, when his mental fitness to stand trial on 16 arson-related counts was in question.

Guimond also appeared to understand the mental damage his huffing could cause, but appeared not to care all that much.

“Mr. Guimond was adamant that ‘no one can stop me, I get lots of it on Main Street,’ and firmly expressed his intention to continue using such substances.”

In terms of his understanding of crucial elements of the legal system: his defence lawyer was the guy whose job was to “get me out.” The prosecutor: “trying to get me to do time.”

He’s childlike and vulnerable judging from reports and his demeanour in court.

At the time it was years since he had a stable place to live.

But for me, here’s the tragic kicker of Guimond’s life: He’s messed himself up so badly sniffing laquer fumes that there may be no coming back from it or assisting him.

What I mean by this is: there was no programming for him because his mental illness isn’t a “diagnosed mental disorder” by which he could access assisted-living programs and possibly get right.

Hell, when probation services called an agency (name wasn’t given) to try and get him involved in some kind of “mentor” program that may have been of great help, the agency didn’t even bother to call the officer back.

Then again, in 2005-06, Guimond wasn’t exactly amenable to being helped when it came to trying to find himself a permanent home with the help of Manitoba’s probation services.

How he ended up on social assistance and wandering the streets of Winnipeg’s downtown and West Broadway while high out of his mind (and often locked up in the drunk tank) is hard to say.

Born in Fort Alexander to parents Margaret and Alfred, Guimond says he was never involved in the CFS system and never sexually, physically and emotionally abused. His parents only occasionally drank liquor. He has 15 siblings who live in areas across the country.

For some reason, as a youngster, he says he spent a lot of time away from the home but wouldn’t divulge why.

Dad died in the mid-90s.

Guimond says he’s never been married, but says he was once involved with a woman named Flora whom he had lived with for five years. Asked to give up her address or phone number, he couldn’t.

Guimond also said he had two adult kids with a woman named Margarita years ago, possibly when he worked as a painter in the 1970s for the Logan Heights company, or on railway boxcars that — like himself — pass quietly and lonely through our city, largely unnoticed.

The kids, they don’t live in Winnipeg, Guimond said. He couldn’t say where they’re at or when he last saw them.

His friends, Guimond said at the time, were pawn shop employees.

Sadder still is that those pawn workers apparently didn’t know that.

“The (probation officer) contacted ‘Joe’ from Broadway Pawn. Joe [did not want to provide last name] informed the subject has come into the pawn shop to sell some movies but does not know the subject personally and therefore can not provide any relevant information,” the PO says.

Another name offered — a Robert Chartrand who worked for the government — didn’t pan out either.

All of this is not to say that Guimond hasn’t taken steps to deal with his problems. He faithfully attended a full-time, month-long detox program in 2004 at Pritchard House.

The problem, however: Although he attended and participated in the treatment regime, the concern was he simply didn’t understand any of it; he lacked the mental capacity to apply what he learned to his life.

Now, as we so often see in the justice system, it falls to a judge to try and sort out this mess, to balance what’s best for society with what’s best for the offender, George Guimond.

There’s more to his story to come, however.

Judge Sid Lerner has kept him behind bars as probation services takes another kick at the can of trying to figure out the apparently confounding problem that is George Leslie Guimond, repeat garbage arsonist and citizen of Winnipeg.

-30-

Important note to the reader: Many of the details here are taken from court ordered reports authored in 2005 and 2006. A new, updated report is in the works. Now, while it should be said there appears to have been a lengthy gap in his fire-setting or other criminal behaviour from 2007 to August 2011, the underlying social issues that have plagued him don’t appear to have changed. I can’t stress this enough: at the time of the August bin fire, Guimond was witnessed leaning up against an AutoBin clutching a pop bottle filled with a murky brown/yellowish liquid. He had two cigarette lighters on him at the time. 

It also must be said that although that great amount of time had passed, his defence lawyer presented no new information about any material changes to Guimond’s life or circumstances on Friday, if that’s an indication of anything. 

Estimate this: Tidbits on Manitoba’s justice system

- May 18th, 2012

(Winnipeg Sun file)

Information unreported in the media from the ‘leg Justice Estimates debates that concluded Monday after three days.

Full debates here if you care.

 

 

 

In bullet points [no order]:

  •  Average length of jail stay for sentenced adult offenders in Manitoba: 65 days. Youth: 187 days.
  •  Average length of remand custody for adults: 49 days. Youth: 34 days.
  •  There are six levels of inmates pay within the Manitoba corrections system, based on the work they do: lowest (level one) is $2.20 a day, the highest (level six) is $4.70 a day.
  •  Amount jurors paid to hear trials: $0 for first 10 days, afterwards $30 a day.

 Minister Andrew Swan: 280 persons actually performed jury duty in Winnipeg, including alternates. Forty-two persons performed jury duty in the regions. So the total number of jurors was 322. There were 21 jury trials in Winnipeg and three in the regions for a total of 24.

Minister Swan: The guidelines are that the accused must suffer from a severe and pervasive DSM-IV access one mental disorder. That includes, but is not limited to, schizophrenia, bipolar disease, anxiety disorders and severe depression … I can advise that individuals suffering from personality disorders, from organic brain issues such as dementia associated with Alzheimer’s, or an FASD who don’t suffer from an access one disorder, aren’t candidates for the mental health court.

  •  Nintendo Wii units are used at the women’s correctional centre for fitness and exercise. Nintendo DS systems at the youth jail in Portage la Prairie and a Playstation at Headingley jail. They are purchased through the inmate’s trust fund.
  •  ”There is some value” in considering using provincial inmates to do public works like parks cleanup, Swan says.
  •  An inmate emailed Justice critic Kelvin Goertzen about watching porn in prisons: “We was watching porn back in October when they installed new cable boxes through Westman Cable; we watched numerous porns, even rented the Diaz v. Condit UFC fight, numerous pay-per-view movies,” he said of the contents of the email.
  •  There is no program for tattoo removal within Manitoba Corrections. Swan said they are looking at one to see if it’s worthy.
  •  There has been one (although some are adamant two) accidental releases of prisoners from Manitoba jails so far this year.
  •  An accidental-release review commissioned by the province last year from an Alberta consultant cost $12,000.
  • Work on the 3rd floor floor of the “new” law courts complex will begin this year. For at least three years, the floor has been ripped up and taped off like a crime scene. [Note: it's really embarrassing it's been that way for so long. Tile problems were the apparent issue. Not sure why proper tiles are so hard to find.]
  • Funding for an additional Court of Appeal researcher has been added for this year. Many decisions — despite there being fewer requested in recent years — are more complex and take longer. Many cases take between 6-7 months to be decided. The national standard from the Canadian Judicial Council is six months.
  •  It can take two years to get a preliminary hearing date in Thompson. [It's not much different in Winnipeg for multi-day prelims.]
  •  Crown attorneys will deal with an expected 154 constitutional challenges this year. Three-quarters of them relate to criminal cases.
  •  As of last Monday, not one gang has been listed as a criminal organization under the Manitoba Evidence Act. This crime-fighting tool was announced in April 2010
  •  Criminal justice budget [adopted] $166,204,000
  • Civil justice budget [adopted] $35,535,000
  • Corrections budget [adopted] $196,965,000
  • Courts budget (adopted] $53,620,000