Posts Tagged ‘winnipeg

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.

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Bits at the end of a long, newsy week Part 1 — Phoenix

- April 20th, 2013
From the stunning turns of events in Boston and Texas to, locally, the provincial budget and the government’s plan to hike of the PST as of July, it’s been a … Continue reading

Chris Campbell: Another tragic case of under-resourced mental health/criminal justice services?

- April 15th, 2013
While many facts remain yet to be proven or tested, it’s pretty clear something appears to have gone horribly wrong with Christopher Mackenzie Campbell. Campbell, at age 42, currently stands … Continue reading

Nigel Dixon homicide; the atmosphere in which it happened

- April 10th, 2013
Why? It’s the question which routinely gnaws at most acts of horrific violence anywhere, and one police investigators and prosecutors often foist themselves on while trying to resolve cases, make … Continue reading

Manitoba Justice: Proof that the system works

- April 8th, 2013
  Good news stories out of Manitoba’s criminal courts can be few and far between, if media reports and public sentiment are any indication. But it’s easy to lose sight … Continue reading

‘I am not happy’ — a veteran Judge reflects on the state of courtroom 308

- March 20th, 2013
Are lawyers disrespecting Manitoba’s provincial court? It’s a question posed today by a frustrated veteran judge, Marvin Garfinkel (appointed in December 1979) as he juggled cases in Courtroom 308 at the law courts complex downtown. Room 308 is designated as a sentencing or plea-entry court to deal with “summary conviction” criminal matters — matters which [...]

“There is no damned degree that will ever teach you humanity.” A dialogue on CFS

- March 17th, 2013

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People. From all walks of life. In one room. Talking about Child and Family Services in Manitoba.

Setting aside the fact Sunday’s meeting of minds at the River Heights Community Centre was sponsored by Manitoba Liberal Leader Dr. Jon Gerrard — he’s been one of the NDP government’s harshest critics on the CFS portfolio — I couldn’t help but be struck by the event just because it was happening at all.

Again: People. From all walks of life. In a room. Talking about CFS in Manitoba.

No intervening high-minded lawyers, no awful tragic child’s death anchoring it all and (virtually) no ranting and raving, or for that matter, much finger-pointing.

If there were one thing I could say I took away from the discussion (aside from the oddity that people rationally discussing a very live and vital issue in our society is somehow a marvel to behold), it would be this: People — the average Joe and Jane citizen — feel completely in the dark about CFS, how it works and what it does. But they care. 

To many, it’s a gigantic government machine — “the feared child police” — which operates largely in secret and appears completely unaccountable for the decisions it makes — and that it make decisions about the lives of others which don’t appear to be working in a long-term sense. It bears remembering that many people touched by CFS aren’t the most sophisticated to start with.

Navigating complex legal and bureaucratic systems, for them, is unthinkable. And there’s not a whole host of advocacy routes to travel.

But let’s face facts: We have a terrible problem in Manitoba.

There’s an overwhelming number of kids in CFS care (many, if not most, aboriginal) and most they’re there not because of “abuse” — a nebulous and shifty term as set out in the CFS Act — but because of parental neglect.

No food in the fridge, mom and or dad or both drinking or splitting up, a shaky housing situation. These are just some of the instances of neglect which could move CFS to pull a child from his or her family and into care, and the parental issue triggering the apprehension may or may not get attended to.

It can’t be overstated: pulling a child from its family is no small thing. The aftershocks of that broken bond could last an entire lifetime. We have evidence in droves, including that unearthed by a years-long public inquiry, that the foster care and child-welfare systems is a feeder for youth jails, addictions and gang-involvement and, later, adult prisons.

[Two quick, but admittedly extreme examples: A 19-year-old man who lit a guy on fire in the north end and killed him? He had nearly 20 different foster placements in his short lifetime. Another man, who torched his Sherbrook Street apartment block around Christmas — he had 36 different CFS placements as a youth. The mass rejection a developing mind would feel from the constant shakeups is staggering.]

So, what do we do? Blaming the government won’t help. Blaming social workers won’t help.

But being given information and ideas to contemplate and question the status quo is a start.

And that’s what we should be doing.

Sunday’s meeting was an excellent example of this.

There were five speakers, and I’ll summarize a few of their views [as I understood them], briefly. This is not exhaustive.

First was Bernice Cyr, executive director of the Native Women’s Transition Centre and former CEO of Metis Child and Family Services.

Cyr spoke of several key areas, including the problem the system has in terms of dealing with the competing concepts of ‘safety’ and ‘risk’ assessments.

While it’s pretty apparent what constitutes ‘safety,’ for kids — the concept of ‘risk’ (in the long-term sense) to a child is one that’s harder to get a grasp on. Because of new risk-assessment tools used by CFS (the Structured Decision Making computer risk evaluation, sarcastically dubbed the “cover your ass tool” by some), Cyr suggested that long-term risk can’t be addressed through apprehension of kids into care (because of the later “desperate outcomes” many of them encounter in other systems: health, criminal justice) and advocated for a greater use of what she described as “safety networks” for families in crisis.

Ultimately, Cyr believes child-welfare is a public concern to be addressed by the community/public agencies as a whole and not simply left to the ‘system’ to deal with in isolation.

Key point: in northern isolated communities, CFS is often the only resource available. The presence of health and other agencies can be skimpy or non-existent to meet people’s basic needs and protection centres for kids aren’t there, but CFS is, so a lot of burden is placed on the system.

Cyr also said the definition of ‘abuse’ in the CFS Act needs to be narrowed because it prevents social workers from developing more progressive practice habits. She also called for the expansion of the mandate of the Children’s Advocate office and the redirection of already-existing funding for family support interventions.

Next — and most interesting to me — was Lore Mirwaldt, a child protection and family support lawyer who practices up north.

In frank terms, she argued the CFS system as exists today is one that’s been thrust into isolation because of legislation and a hierarchical management/government system which operates in “crisis management” mode brought on by fear of making mistakes which become public controversies (Phoenix, Gage Guimond etc.).

“The name of the game is, ‘keep your cases off the front page of the Winnipeg Free Press,’” Mirwaldt said.

She took the 40 or so people gathered through the genesis of the so-called ‘devolution’ of the system as advanced by the AJI in 1991 and talked in depth about the problems which came out of the so-called “master agreement” the province signed with aboriginal leaders in 2000. While the principles of the agreement were to be lauded, Mirwaldt suggested the implementation was where it all went awry. As a result, the CFS system continues to wrestle with the problems that arose from the transfer of cases to aboriginal-run agencies years after the May 2005 ‘go-live’ of the new system.

“The problem is the government lost its nerve — they got scared,” she said. “They didn’t want to see any more dead children.”

In the north, some social workers handle astronomical caseloads of 70, whereas the recommended maximum caseloads are about a third of that.

As for the SDM tool, the standardized risk assessment questions (often called ‘probability of future harm’) that social workers must use in a case are often biased against northern kids, where ‘risk’ can be determined by the lack of a community store or other resources. Northern kids routinely come out of the computer-generated tool as “medium to high risk” and the solution for the worker is to apprehend, Mirwaldt said.

Overwhelmed by the soaring caseloads, workers on the Nisichawayasihk Cree Nation were encouraged by the director of their agency to “think outside the box.”

So they did, by moving to a philosophy Mirwald, tongue in cheek, called “apprehend the parent.” Through a band resolution passed by the NCN chief and council, parents who were creating unsafe atmospheres for their kids were removed from homes (remember, its the band who owns the property) and replaced by grandmothers and other appropriate caregivers to look after the kids. When parents protested, they were told to go work on their issues before they could return.

Most parents “eventually see the light,” she said, prompting the CFS agency to implement supervision orders to reunite the families with conditions.

The child stays in the home with relatives and is safe. The parent deals with the presenting problem or can’t return.

As a result of this “circle of care” strategy, Mirwald said Child Protection dockets in Thompson court have shrunk from 70 cases to as low as 22.

The problem is, she says, “bean counters” at CFS don’t know how to pay for the increase in in-home supports.

In the question/answer portion towards the end, Mirwaldt made an interesting point: Our priorities seem out of whack when a child can die in care and nobody gets fired, but if it was questionable spending a person is caught doing, they’d likely be turfed in a heartbeat.

She also said a worry is that declining caseloads will trigger a funding issue.

“We’re really afraid we’re going to lose our funding because our numbers are down,” she said.

Next to speak (and the last I’ll discuss in this post) was Bertha Traverse, a member of Little Saskatchewan First Nation and former long-term child welfare worker who specialized in working with at-risk youth.

She’s a staunch advocate of finding means to prevent apprehensions.

“Apprehension doesn’t work,” she said. “The bond that you have with family is broken the minute you’re taken out of your home — it’s irreparable,” she said.

Traverse spoke in scenes of realism — pointing out how on the 4th floor of the law courts building in Winnipeg, outside room 410 (where child-protection docket court is held), the vast majority of people there are aboriginal young mothers.

She also talked of how the government’s standards for social workers’ educations don’t always mean the workers are invested in the work.

There is no damned degree that will ever teach you humanity,” she said.

Speaking of humanity, several in the audience offered insight into their personal predicaments and thoughts on the CFS system as a whole.

One of the most touching moments came from the undertaker who buried Gage Guimond.

He seemed to be questioning the entire philosophy of the social-welfare system and wondered what role “corruption” [his word] played in our society being unable to find solutions.

“The more you keep people poor, the more you keep them just running — the worse problems you have,” he said.

Another man spoke of the fear people have of CFS, and called for more advocacy resources for people to be able to navigate the system.

But it was one woman — an adoptee — who really gave me pause.

What the real problem is, she says, is how society has changed so much from when she was a child, when she would walk home from school and people would inquire of her if they hadn’t seen her sister or father that day.

We don’t look out for each other or even know each other any more, she said.

If we simply stuck together more, paid attention and cared, we’d be able to find solutions for the long-term benefit.

Maybe she’s right. But the cynic in me says we’ve come too far afield now to get back there.

I stand to be corrected, because ideally, I think she’s probably bang-on in her assessment.

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Evan Maud: ‘The million question kid’

- March 14th, 2013

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Cops are hard on people like me and my friends‘ — Evan Maud, Nov. 13, 2012

Who is Evan Michelle Maud?

And why would he lie about Winnipeg police taking him on a so-called ‘starlight tour’ in late 2010 only to be snared in a web of embarrassing lies which police utterly ripped apart in short order thanks to GPS, surveillance cameras and other investigative means?

I can’t answer that. What I can tell you is a little more about Mr. Maud, his upbringing and background, which may help those interested come to understand a little more about the 22-year-old and his circumstances. Many people still clearly have questions.

At his last public appearance to apologize for bringing the false claims against the police, Maud didn’t take any questions.

Instead he was ushered out of the room after reading a three-minute long statement (below) which didn’t actually say, ‘I lied.’

Many hearing the statement questioned Maud’s sincerity given the ‘mea culpa’ was apparently key to the public mischief charge he was facing being dropped.

‘Restorative justice in action’ was how it was essentially sold to the public/media by Onashowewin, a Manitoba aboriginal justice agency for which I have a great respect for with respect to their work on private Gladue pre-sentencing reports often tabled in court.

Maud was also the subject of a PSR with a Gladue component — this one authored by a Manitoba Corrections officer. But it wasn’t relating to the ‘starlight tour’ hijinks. It was instead written to inform the judge who handled his January sentencing for attacking an innocent man after being punted from a party in the North End on his 21st birthday in November 2011.

(Without going off on a tangent, it appears one of the concerns about the adequacy of Corrections Gladue reports raised by the Manitoba Court of Appeal late last year has been addressed.)

The report tabled concerning Mr. Maud, compiled by a probation officer in the aptly-named Corrections Random Assault Unit — was thorough, lengthy and detailed and involved interviews with several people who’ve known him his entire life.

The bulk of what’s in it is presented below.

Maud’s Dad:

A life-long member and resident of the Cross Lake First Nation, Maud’s father, 59, is a community councillor and support worker who spent 15 years in residential schools as there were no other schooling options in the community in his youth.

He went on to leave the community briefly to study at university in Brandon. Cross Lake, population roughly 7,000, is a community which continues to feel the pain of the residential schools legacy.

Today, Maud’s dad says, there are few options for folks to make a way for themselves.

“There are widespread issues of drug and alcohol abuse, domestic violence, suicide, vandalism and other types of crime,” he told the PO.

Maud’s Mom:

Hailing from Skownan First Nation north of Winnipeg, the 51-year-old has lived away from her home community for most of her life, returning frequently there to visit relatives.

“(Her) family comes from a long line of very traditional people who have continued to practice indigenous styles of healthy living, sustenance, spirituality and preservation of their heritage and language.”

Like Cross Lake, however, the shadow of Rez schools has led the community and its people down the sad path of years of poverty, drug and booze issues, domestic violence, suicide and a lack of community services, the report says.

In 1996 — an unspecified standoff left the community “torn apart” and left a trail of family breakdowns and migration away for security and safety reasons.

“Homes were looted and burned to the ground and many people never returned.”

Since then, Skownan has rebuilt and a sense of habitat returned. A gaming centre has brought jobs and a construction company and business centre have become local sources of pride, the report suggests.

Maud’s early years through his troubled teens: 

Born in Thompson to his parents, the couple’s relationship didn’t last and they lived apart during their brief time together. Although Maud’s mom was his primary caregiver, he did spend time with his father over the years and the two have grown close.

He has a half-sister and three half-brothers. Maud as a child, according to his dad, was “very independent, curious and quiet.”

“(Dad) also noted that his son clearly understood the difference between right and wrong and would spend a great deal of time asking questions and trying to figure things out on his own.”

Curiously, Maud was made to feel unwelcome by Cross Lake band members.

His mom says Maud was a “difficult son to manage.”

“She indicated she felt he acted up on purpose to get attention.”

In an emotional interview with the probation officer/report writer, Maud’s mom described her parenting skills as wanting and that she did to her kids “what was done to me.”

In his youth, Maud suffered through an abusive relationship his mom undertook and was made victim of physical and sexual abuse, the report says. Mom describes his upbringing as a “rough childhood.”

“She worried about her son as her was very accident prone, acting out first, suffering through consequences after and he experienced numerous injuries as a child.”

Mom was a rover, taking Maud and his step-sister from home to home and school to school across three provinces in his youth. As of late 2012, she has been 25 years sober.

A cousin who now lives in Toronto recalled how Maud “was a curious child, very sociable, outgoing, liked to make up stories and was always asking questions.”

The sister dubbed Maud “the million question kid,” saying he was curious, liked reading and “asked too many questions.”

“She believed her brother began to get into trouble after she left home, was influenced by other teenagers and got caught up in marijuana and alcohol.”

He was no stranger to bullying — brought about because he wore his hair long.

By 13, Maud was experimenting with weed and mushrooms. By 15, he was drinking. At 16 he fell into the clutches of an unnamed gang but fought his way out of it the following year.

By Grade 9, Maud was suspended from school — but returned in 2011 to get his GED. In this time, he was living with the cousin, who says he fell into a bad crowd who “pressured him into drinking or took advantage of his good nature.”

“She indicated she believes (Maud) has never really experienced stability in his life, lacked parental support and guidance.”

Today, Maud avoids people from his past, the report noted him as saying. He keeps counsel with one close friend who has no criminal background.

“(Maud) indicated he could not open up to new people easily, and did not like to discuss his past, so making positive friends was difficult.”

He prefers the company of his sister and a girlfriend who describes him as “calm” but worries about his habit of “internalizing everything.”

The girlfriend says he worries about having no job. Maud successfully completed a welding certificate course and had been actively seeking work at the time.

“She commented the subject is trying to make positive changes, find employment and goes for long walks when he is feeling down and needs to clear his head.”

Drinking, she says, is forbidden in her home.

MAUD, in his own (slightly mediated) words:

Calm and quiet in his interview with the PO, Maud says the assault he inflicted on the landlord in Nov. 2011 was “all a blur” because he was so drunk at the time. This admission caused the officer to note he seemed to be “deflecting” the blame for what happened.

“(He) went on to say he believes others judge him unfairly based on his actions, make it sound like he is a bad person for something he doesn’t remember and do not know the real person he believes himself to be … (saying) “Cops are hard on people like me and my friends.”

While he was clear he didn’t want to go to jail, Maud indicated he would do whatever the court wished of him.

He’s never been diagnosed with any mental illness or antisocial disorder.

“He indicated he has low motivation and stays at home so much it feels like a dungeon.”

Of concern to the PO was how Maud displayed no apparent empathy or remorse for the man he attacked.

The officer ranked Maud — using a standardized case-management risk assessment tool — as a high risk to reoffend but concluded he was a suitable candidate for community supervision.

———

Maud didn’t take questions after issuing his apology to the police and public for the ‘starlight tour’ allegations — delivered through the media who turned up to hear it.

Instead, he was quickly shuffled out of the room and we’ve heard nothing from him since.

I haven’t checked if the public mischief charge he faced as a result of his actions was in fact, dropped as was claimed it would be.

The silence left after the apology been a void simply filled with more questions, all asking, really, the same thing: Why did he do it?

I can’t answer that. Maybe Mr. Maud can’t either.

Maybe it would be unlike the “million question kid’ to have it any other way.

—–

Maud’s Apology in full:

I’m sorry for jeopardizing the reputation of the Winnipeg Police Service. I want to say sorry to the police officers and putting them in that situation. I’m also deeply sorry to their families, friends and colleagues for causing them to doubt, mistrust and question the two police officers. And I am so sorry for that. I understand that would not have happened if I didn’t say the things that I said. I feel bad for what I put them through.

At the time, it was hard. I felt overwhelmed when the TV crews and community took it to a whole new level. Next thing you know, it was all over the place, reporters from different media sources were questioning me. I was scared. I never wanted this to happen. During this time all I wanted was to live my life normally and go to school. It was the worst two years of my life.

I felt bad that my mom moved all the way from the next province to come support me. I put my mom in a situation where she thought she didn’t raise me right. I just made a mistake. I try my best to apologize to everyone that I may have harmed.

I also want to acknowledge the Assembly of Manitoba Chiefs for taking the time to help me. I didn’t mean to put my people through this.

I don’t want this to impact anyone from submitting legitimate complaints in the future. I want people to understand that I did not intend for this to happen. I was taught that forgiveness is a part of healing and I need this to move on in life in a positive way. In many ways, I learned how to have respect, how to be truthful and honest. I am part of a youth community, and I want them to think of me as a role model.

I want to encourage youth to tell everything that they know is right. I was able to move forward and graduate school and am now doing good things for myself. In closing, I want to say sorry and thank you for listening.


Phoenix Inquiry: Lies and the lying liar at the root of it all

- January 15th, 2013
(Samantha Kematch had the discretion to not murder her child.)

(Samantha Kematch)

“Don’t cry, I’m sorry to have deceived you so much, but that’s how life is.”  Nabokov

It could be that a key human resource problem Manitoba Child and Family Services faces is this: when you hire people professionally geared to see the best in others and what they might one day achieve, they might lack the capacity to see how horrific some of them could really be.

It’s the only reason jumping out to me as to just maybe why crisis response worker Christopher Zalevich elected to leave Phoenix Sinclair in the care of Samantha Kematch without even really trying to make an effort to see her in March 2005.

Zalevich makes an easy fall guy in Phoenix’s case, but to skewer him exclusively in light of all the systemic failings and questionable decisions we’ve seen so far is to kind of miss the point.

He had no formal child-welfare education or, for that matter, training. He has an ecology/family studies degree from the University of Manitoba. That was enough to get him in the CFS door and by 2002 he was working abuse unit cases, eventually winding up in crisis response where he remains to this day.

Zalevich’s only formal training in the much-discussed “provincial standards” came in 2007-08, years after he came to work at Winnipeg CFS in 2001.

Essentially, he says he learned on the job. Take that for what you will.

It’s easy to conclude Zalevich failed to put Phoenix’s welfare at the forefront.

He has to live with that, despite whatever justifications he had for believing Phoenix was safe when he recommended her mother’s file be closed.

[His whole dealing with Kematch raises the whole other issue, one that's not overly complex but keeps cropping up: Who's the client? The parent or the child? Hint: It's supposed to be the child, but it's not always seen that way.]

But despite putting Zalevich’s conduct and efforts on Phoenix’s file under a grim microscope today, there was a far more stark fact put briefly on the table that deserves more attention that it got.

It comes from a conclusion from a 2006 file review by Rhonda Warren.

Essentially, Warren found that over the years, since Phoenix was first given back to Kematch and then Steve Sinclair in August-September 2000, CFS workers actually saw her a total of four times.

And one of those was after she was apprehended into care from Sinclair in June 2003 and promptly given back to him by October despite the fact he had done nothing to prove he could care for her again.

The fact is, you can’t pin on Zalevich the real head-scratcher here: Kematch, in the eyes of the system, somehow magically transformed from horrible risk to children to fit and responsible parent in two years without her ever having to prove anything to CFS.

How this seemed to have happened was through a bizarre and downright confusing series of reports and case histories being watered down by each new crisis referral that came in, a lack of due diligence in delving deeper into said case histories, a chaotic system crushed by the weight of human need for help — and most importantly — CFS workers willing to simply accept what Kematch told them and not look any deeper. 

We see this over and over and over in this case.

Zalevich was just walking a path so many other of his colleagues did over the years: Following the trail of not seeing Samantha Kematch’s lies and failing seeing her hatred of the CFS system for what it was: a genuine risk factor.

Kematch learned by child number two, it seems, what telling the truth to CFS gets you — More CFS.

So her solution: Lie. and lie often. Then misdirect. Then give half-truths. There was one goal to it all:

Say whatever’s most convenient to get the agency out of your hair and away from your doorstep as fast as possible. 

It’s a combination of CFS gullibility and — it must be said — Kematch’s apparent skill as a crafty liar that helped put Phoenix on her horrific path.

Kematch loathed CFS.

It was so apparent. After all, she was a product of the system, having herself been a child in care. But the inquiry has heard that past CFS involvement didn’t really factor greatly into the moving target which is risk assessment.

Here’s a just a few examples of Kematch lying, misdirecting or hating on CFS and others:

  • She hid Phoenix’s pregnancy and that of Echo, born just a year after Phoenix. She also hid the pregnancy of her first child, a son taken from her at birth and ultimately made a permanent ward.

“Samantha sat the entire time in front of the TV – while this worker attempted to have a conversation with her — she would nodded or respond aggressively when asked a question.”

“Overall; it is evident to this worker that Samantha is annoyed and dislikes the involvement of WCFS – the family appears to doing well although Samantha does appear angry and annoyed with the agency involvement” — Feb 7 2001 file recording by Delores Chief Abigosis.

  • Lying in fall 2005 to a hospital social worker that Phoenix was alive and well despite the fact she had been long dead.

This lengthy little exchange in May-June 2004 (as summarized in 2006, again by Rhonda Warren) — this entire period was brought about by Kematch lying to a welfare worker about caring for Phoenix since before the prior Christmas and now seeking benefits for her.

The welfare worker, suspicious and concerned about conflicting reports on the risk Kematch may have been to Phoenix, called in a complaint to CFS worker Debbie De Gale. Here’s how that shook out:

Attempts were made to meet with Samantha prior to the date of actual contact and in fact the Intake Worker did make a home visit within the 48 hour Safety Assessment response time.

  • On May 13, 2004 workers attended Samantha’s residence. A man named Wes answered the door and said Samantha and Phoenix were at her Mother’s. 

  • On the same date a visit was made to the home of Samantha’s mother. Samantha was not there and said she and Phoenix were visiting friends. 

  • May 17, 2004 a letter was sent to Samantha saying the Intake Worker needed to meet with her. 

  • On June 2, 2004 the Intake Worker attended Samantha’s residence. Again there was no answer. 

  • On June 15, 2004 another letter was sent saying the Intake Worker needed to meet with Samantha. (Writer’s note: the letter said CFS couldn’t close its file on her until they met)

  • June 21, 2004 Samantha calls as she has received the letter. 

  • On June 28, 2004 Samantha calls to reschedule the next days meeting as she is moving. Samantha agreed to meet for a short while on the next day. 

  • June 29, 2004 Intake Worker attended Samantha’s address but could not gain entry to the block. 

  • July 9, 2004 Intake Worker gets Samantha’s new address from E&IA. 

  • July 13, 2004 Samantha makes contact with the Intake Worker who goes out to meet with her immediately. 

  • Samantha reports that she is doing fine with Phoenix. Workers see Phoenix who appears well cared for. Samantha also looks healthy and denies drug or alcohol use. There is no discussion of who Wes is or what his relationship is to Samantha. Samantha does state that her main support is her boyfriend who is a trucker and stays with her when he is in the city. 

  • Agency supports are offered to Samantha who declines. Community resource information is provided to her and the case is closed on Intake. 

  • During this interview with Samantha, she presented as stable and denied any substance abusing any substances. She did not exhibit any symptoms of drug abuse. Phoenix presented as healthy and well cared for. It was also noted that Samantha was involved in a relationship with Karl Wesley McKay who was employed as a truck driver….

  • WCFS assessed the risk to Phoenix as being low. Samantha declined services, but requested information community resources, which were provided by the Agency. The file was closed on July 15, 2004.

Another interesting clue from the mouth of her former common-law husband, Steve Sinclair in his Dec. 5 testimony:

Q: What was she like when you first got together with her?

A: She was quiet. She never talked about herself. Closed. I never asked …

Q: Now when you, when you met Samantha did you know that she had a baby?

A: Yes, I heard about that, yes …

Q: Did you know where the baby was?

A: Well. her — she didn’t really talk about it or her family never talked about it, so I guess I kind of figured her son might have been with CFS, so…

Q: You didn’t talk about it with her? …

Q: She didn’t talk to you about, about her background?

A: No.

The above is only really scratching the surface of Kematch’s spin.

Should Zalevich demanded to see Phoenix? Yes. Absolutely.

He ultimately admitted Phoenix’s welfare trumped Kematch’s privacy rights and her legislative right to the “least intrusive” dealings with CFS.

But the major thing separating his decisions made by so many others in the case is that Winnipeg CFS never got another chance to intervene.

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Post note: I have been laying off the daily blogs of the inquiry due to 1] needing time to not think about it. 2] Recent days have been taxing.

But, more importantly, the inquiry is raising so many other issues and side questions that I’ve been working quietly on those as well in the background.

More to come.


Catch and release: Notes on the Samantha Anderson homicide

- December 27th, 2012
(Samantha Anderson)

(Samantha Cherish Anderson)

What does the “supervised” in supervised probation mean in Manitoba, exactly?

It’s a question churning around and around in my head today as I dug into the wealth of justice system-related background available on Shayla Woodford, a 21-year-old Manitoba woman accused by police of murdering her one-time live-in lover Samantha Cherish Anderson.

Anderson died Dec. 21, weeks after police say she was attacked in a Boyd Avenue home on Dec. 2 — the day before her 24th birthday.

Woodford was accused (and she’s presumed innocent) right from the start, arrested just after the incident on aggravated assault and probation breach charges.

She was officially rearrested for second-degree murder earlier this week.

At the time of Anderson’s death, Woodford was out on bail (for the 7th time since late 2009) and bound by two supervised probation orders meant to either keep her in check, help rehabilitate her or, more likely, both of those things.

While the latest two cases she faces have yet to be proven, Woodford’s habit of getting collared for crimes raises questions about the level of supervision to be expected when a sentenced person is placed on supervised probation by the courts.

An unusual feature is how Woodford’s involvement with the justice system only dates back three years, shortly after she turned 18 and began her relationship with Anderson.

Since then, however, she’s been arrested and released multiple times for a variety of different offences, some of them domestic-related and others not.

To try and make sense of it, I crafted a timeline out of the available information. After taking a number of hours to consider it and its implications, I’ve decided to present it here for the record:

November 2008: Woodford and Anderson begin their relationship.

Sept 12, 2009: The couple are now living together on Young Street. Woodford, drunk on 24 Budweiser beer, assaults Anderson — even turning up the stereo to mask the sounds of the attack — and is arrested at the scene by police. She’s released on conditions she have no contact with Anderson as the case makes its way through the courts.

October 2009: The couple are back living together despite the no-contact conditions.

January 25-Feb 1, 2010: Sometime in this period, Woodford assaults Anderson again after getting a call from her lawyer, who reads to her Anderson’s statement from the prior incident.

Feb 12, 2010: Woodford asks Anderson “who she’s trying to look good for.” The incident prompts Anderson to flee their home and she tells police she’s forced to hide in a restaurant for 30 minutes to an hour to evade her lover. She spends the rest of the weekend at a friend’s home.

Feb 14, 2010: Woodford spots Anderson outside, pulls up in a car and drags her into it. Woodford pushes her into her home, pulling off Anderson’s shoes and tossing them in the snow, telling her “She’s never going anywhere again.” She then bites her on the arm.

Feb 16, 2010: Anderson discloses recent events to police and they arrest Woodford.

March 29, 2010: Woodford is released on bail to live with family, ordered to have no contact with Anderson and stay a minimum of two blocks away from her at all times.

Nov. 14, 2010: Anderson’s mother has a phone conversation with her daughter, hears Woodford in the background and calls police out of concern. Police attend and take her into custody.

Dec. 22, 2010: Woodford, granted bail weeks earlier, can’t raise a required surety, so conditions are changed on this day to remove that condition. She’s freed, ordered to abide by a nightly curfew and again, have no contact with Anderson.

March 4, 2011: Cops investigating an unrelated compliant are sent on a goose chase trying to find Woodford. They’re told she left town for her home community of Fairford First Nation for the weekend.

March 8, 2011: Woodford stops signing in at bail supervision.

June 7, 2011: Winnipeg cops finally catch up to her after they nearly hit her with a cruiser car when she walks out in front of it near Logan Avenue and Tecumseh Street. The warrant for her arrest comes to light.

Aug. 5, 2011: Woodford, held in custody now, pleads guilty to three counts of assault and a number of breaches. Judge Tim Preston cautions her about her conduct toward Anderson and apportions some of her dead time to the various charges she pleaded to. She’s released that same day on a two year long supervised probation order, with conditions including avoiding Anderson for the entire term, take domestic violence counselling and a weapons ban. These marked her first-ever convictions. “That relationship was not healthy, it’s over,” Preston tells her. “I don’t want you having anything to do with her.”

Dec. 10, 2011: A heavily intoxicated Woodford steals a Duffy’s Taxi driver’s cab, only to be arrested behind the wheel not long after. Belligerent, it takes hours for police to get a breath reading off of her. She blows .210, nearly three times the legal limit.

Dec. 12, 2011: She’s released on bail.

Feb 16, 2012: Woodford is again back in court for reasons that weren’t made clear. But they obviously had something to do with Anderson, because her bail conditions are set to include having no contact with her. She is also barred from being in the City of Winnipeg except for probation and court-related meetings or appointments.

April 6, 2012: Anderson and Woodford are riding a city bus together when one of them decides to snatch an iPhone from a passenger’s hands. They flee, but the passenger gives chase. The two women play a game of keep away with the phone until the victim restrains Woodford and Anderson jets off with the phone. Police ultimately arrest both. The charge against Anderson is stayed at a later date. Woodford is charged with the theft and a no-contact breach.

July 6, 2012: Woodford’s second sentencing: Only through her probing the lawyers does Judge Heather Pullan come to discover out a small amount of the troubled past shared by Woodford and Anderson. “What about Ms. Anderson?,” Pullan asks. “(Woodford’s) victimized her before and is now getting in trouble with her,” she says. She’s told it was Anderson who contacted Woodford this time around and that the relationship is “complex.”

Neither the Crown nor defence requests any additional probation as part of this sentence.

Pullan rebuffs that and imposes another two-year term, despite the fact she appears to be holding her nose somewhat due to Woodford’s conduct on the prior order: “This whole line of behaviour tells me you don’t care what the court says, you’re going to do what you’re going to do and victimize people,” she tells Woodford. “You have to understand, Ms. Woodford, you’re running out of chances.”

Pullan did wonder aloud why it was the prior probation term seemed to be failing to help Woodford get straight, but appeared to push the onus right back on her.

“You’re treating this whole thing as a joke. It’s really hard to protect the public from you,” Pullan tells her.

Sept. 12, 2012: Woodford is accused of several new charges, including assault, possession of a weapon for a dangerous purpose and breach of probation. The incident obviously involves Portage Place Mall, as:

Sept 17, 2012: Woodford is released on bail with conditions she live at an address in Gypsumville and not move without permission and to stay away from Portage Place mall.

October 29, 2012: A Probation officer files a report in support of charging Woodford with new breaches as she can’t be located in Fairford, and a relative says she asked for her stuff to be sent down to Winnipeg. The relative refused to give the probation officer the contact number. The officer warns in the letter that Woodford was assessed at “high risk for general criminal conduct” and she has a “propensity to become violent.” A relative told the officer: “She is supposed to be staying with me and I have tried to help her and now I don’t know what to do.”

Dec. 2, 2012: Anderson is attacked with a kitchen knife inside a Boyd Avenue home and police charge Woodford. They say the two were living at the home. A 17-year-old girl is also injured in the attack.

Dec. 21, 2012: Anderson dies of her injuries.

Dec. 24, 2012: Police announce they have charged Woodford with second-degree murder and she remains in custody.

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