Welcome to my Crime and Justice blog! I am a 19 year old criminal justice student at the University of Winnipeg. I advocate for prisoners' rights, human rights, equality and criminal justice/prison system reforms.
Showing posts with label Obstructing Justice. Show all posts
Showing posts with label Obstructing Justice. Show all posts

Saturday, July 3, 2010

Attack outside Winnipeg club nets gang member 4 years

WINNIPEG - The first mistake the former treasurer of a city gang made was beating a man outside an Exchange District nightclub. His second error was working with Zig Zag crew members to get potential witnesses to lie about what happened – all while police had tape rolling.

Corey Lee Gingera, 33, was in court Friday on charges stemming from a beating outside the Alive in the District nightclub in January 2009.
He was sentenced to 59 months in prison on charges of assault causing bodily harm, conspiracy to participate in a criminal organization, conspiracy to launder proceeds of crime, and counselling others to obstruct justice. Gingera will do a total of 51 more months in prison due to credit for time he’s already served. He’ll also have a lifetime weapons prohibition and must provide DNA.

Police surveillance video nailed Gingera for conspiring with fellow Zig Zag crew members regarding ways to get club staff to give inaccurate statements to police about the assault, which left the victim with a broken eye socket and other injuries.
What Gingera didn’t know is that police recorded his meetings with Zig Zag crew members with the help of an undercover agent, and the club had video surveillance which captured him participating in the group attack.
Crown prosecutor Chris Mainella said Gingera’s attempt to conspire with others to obstruct justice was part of Project Divide, one of the largest undercover police operations in the province’s history.
Gingera was also sentenced for conspiring with the gang to launder proceeds of crime and for trying to recruit new members to the Zig Zags, a puppet club for the Hells Angels. Mainella said there was a "constant need" for the Zig Zags to recruit new members to keep up with their criminal enterprises.
"The work is dangerous," he said, adding a number of gang members are "maimed and killed" in the course of their gang lifestyle.
Court of Queen’s Bench Justice Colleen Suche said she hoped Gingera would use his time behind bars to improve himself.
Gingera is the fifteenth person to be sentenced in connection with Project Divide. Thirty-three suspects were arrested and charged in the operation.

I disagree with 4 years prison time for this man. Prisons are the schools of crime filled with negative influences, pro-criminal attitudes and behaviours, drugs, gangs and the prison subculture. This man will likely only become further entrenched in the gang lifestyle through prison. Rehab programs have long waiting lists and are not as well designed as community programs. Often, inmates are released with no rehabilitation, life skills, assistance or support. I believe that some prison time is warranted for this man, due to the nature of the attack, but not 4 years. I believe he should have received a sentence of 2 years less a day in provincial prison combined with a conditional sentence. 

Wednesday, June 16, 2010

Two police officers face trial for allegedly obstructing justice


Two Winnipeg police officers will stand trial on charges that they attempted to obstruct justice in connection to a drug investigation in the city's North End.
Consts. Graeme Beattie, 30, and Paul Clark, 41, have pleaded not guilty to charges of attempted obstruction of justice.
Beattie and Clark consented to stand trial in the Court of Queen's Bench after the conclusion of a preliminary hearing Wednesday morning.
The case has been remanded until July, but a trial date has not been set, according to a Manitoba courts spokesperson.
The officers are accused of falsifying notes and reports that led to a man being charged with drug trafficking in May 2008, according to court documents obtained by CBC News when Clark and Beattie were formally charged.
The case against the suspected drug dealer, 20, wound its way through the courts for months until the Crown stayed the charges against the man in October 2008 on the day his preliminary hearing was set to begin.
An internal police service investigation was launched a month later, and the officers were charged in April 2009.
A mandatory publication ban prevents the reporting of any evidence given at the preliminary hearing.
The officers remain on desk duties within the Winnipeg Police Service.
WINNIPEG - Two Winnipeg police officers have been ordered to stand trial on allegations they fabricated evidence to build a stronger case against a suspected drug dealer.
Const. Graeme Beattie, 31, and Const. Paul Clark, 42, have pleaded not guilty to obstruction of justice. Their preliminary hearing began last month and ended Wednesday with a judge ruling there is sufficient evidence to bring the case to a Queen’s Bench trial.
A court-ordered ban prevents details of the hearing from being published. No trial dates have been set. None of the allegations has been proven and both men are presumed innocent.
The pair were arrested in March 2009 after the Crown attorney stayed charges of trafficking and proceeds of crime against a 20-year-old man.
The charges read that police "did with intent to mislead fabricate report and notes, with intent that it should be used as evidence in an existing judicial proceeding."
The charges also state the officers made a "false statement" by accusing the young man of drug trafficking.
Both officers joined the police service in 2006 and were moved to administrative duties following their arrests.

Monday, May 31, 2010

Two police officers plead not guilty to fabricating evidence against drug suspect


Two Winnipeg police officers are fighting allegations they fabricated evidence to build a stronger case against a suspected drug dealer.
Const. Graeme Beattie, 31, and Const. Paul Clark, 42, pleaded not guilty Monday at the start of their preliminary hearing, which will determine if there is sufficient evidence for them to stand trial. A court-ordered ban prevents details of the hearing from being published.
The pair were arrested in March 2009 after the Crown attorney stayed charges of trafficking and proceeds of crime against a 20-year-old man. The charges read that police "did with intent to mislead fabricate report and notes, with intent that it should be used as evidence in an existing judicial proceeding." The charges also state the officers made a "false statement" by accusing the young man of drug trafficking.
Both officers joined the police service in 2006 and were moved to administrative duties following their arrests. The preliminary hearing is expected to finish later this week.

Winnipeg officers deny fabricating evidence

Two Winnipeg police officers have denied allegations that they fabricated evidence and obstructed justice in their investigation of a suspected drug dealer.
Consts. Graeme Beattie, 30, and Paul Clark, 41, pleaded not guilty to charges of fabricating evidence, attempting to obstruct justice, and public mischief at the start of a preliminary inquiry into their criminal case on Monday.
A mandatory publication ban on the preliminary hearing prevents the reporting of any evidence given. The pre-trial hearing is to determine whether the Crown's case is strong enough to go to trial.
Manitoba Justice has hired lawyer Robert Tapper to act as an independent prosecutor.
The officers are accused of falsifying notes and reports that led to a man being charged with drug trafficking in May 2008, according to court documents obtained by CBC News when Clark and Beattie were formally charged.
The case against the suspected drug dealer, 20, wound its way through the courts for months until the Crown stayed the charges against the man in October 2008 on the day his preliminary hearing was set to begin.
An internal police service investigation was launched a month later, and the officers were charged in April 2009.
The mischief charges stem from the alleged falsified reports, which polices said caused officers to unnecessarily investigate a drug-trafficking offence.
Beattie and Clark are currently assigned to administrative desk duties within the police force. Each had three years of experience with the Winnipeg police at the time they were charged.

Fabricating evidence is not acceptable. Police are supposed to be protecting us and upholding the law, not breaking it. We need police that we can trust and not a dirty and corrupt police force in Winnipeg, who will do anything, just to secure a conviction against somebody.  


So who are we supposed to trust:
1) The police who swore to serve and protect?
2) The internal police who decided to charge their counterparts?
3) The crown that blows more cases than dynamite (in my opinion anyway).
4) The courts/judges that used to rely on testimony from these officers?
5) A drug dealer who's case was thrown out of court?
6) The government that tends to let the justice system remain the same despite many complaints and problems!
I'm not interested in the drugs but the accused dealer is probaly the most honest one of the bunch, including his defense lawyer. What a sad state justice is in Canada these days!

Tuesday, April 20, 2010

Hells Angels associate sentenced to 8 and a half years prison


A Hells Angels associate has been sentenced to eight-and-a-half years in prison after pleading guilty to a string of charges from his arrest in an undercover police sting operation.

Allen Morrison, 38, was one of 18 people targeted during Project Drill, in which a secret agent was paid $625,000 plus expenses to conduct a series of drug deals which were captured by police audio and video surveillance.

Morrison was caught in 2007 arranging four major cocaine deals in which he sent a lower-level "courier" to meet with the agent at various city locations, including Polo Park Shopping Centre, Shoppers Drug Mart, Burger King and A&W in which cash and drugs changed hands.

Morrison was a longtime biker associate, officially deemed a "Hangaround", who was slowly climbing the criminal ladder at the time of his arrest, court was told.

Morrison also pleaded guilty Tuesday to obstruction of justice for his actions at a December 2007 sentencing hearing on drug offences from 2003. At the time, Morrison and his lawyer told court he had walked away from his gang affiliations, moved out of Winnipeg with his wife and children and was looking forward to living a life on the straight and narrow.

In fact, Morrison had just spent the past few months practically begging to be made a full-patch Hells member and deliberately misled the court in an attempt to get a more lenient sentence, court was told.

Morrison apologized for his actions Tuesday and spoke of a "new way of thinking" which including living crime-free once he is released from prison. A cynical Queen’s Bench Justice Brenda Keyser wasn’t buying it.

"I have great difficulty believing there’s any truth to that," she said. "It’s not the first time he has tried to con the court."

Morrison was given single-time credit for 28 months of pre-trial custody, meaning he has six years and two months left to serve. He was also ordered to pay back $50,000 he received in exchange for the drugs he supplied to the agent and will have to spent another year behind bars if he can’t come up with the cash.

Biker pleads guilty
Has longtime biker associate and drug dealer Allen Morrison changed his ways?
A judge who sentenced him to 8.5 years in prison doesn't think so.
Morrison pleaded guilty Tuesday to possession of cocaine for the purposes of trafficking, conspiracy to traffic in cocaine and obstruction of justice. The last charge is in connection to Morrison's attempt to mislead the court into believing he was turning his back on a life of crime.
"I have grave doubts Mr. Morrison seriously wants to move in a positive direction," said Justice Brenda Keyser. "It's not the first time he has tried to con the court."
Morrison, 38, was one of 18 people arrested in December 2007 as part of a undercover police investigation targeting the Hells Angels and its associates.

Biker, drug dealer jailed 8.5 years
Has longtime biker associate and drug dealer Allen Morrison changed his ways?
A judge who sentenced him to 81/2 years in prison doesn’t think so.
Morrison pleaded guilty Tuesday to possession of cocaine for the purposes of trafficking, conspiracy to traffic in cocaine and obstruction of justice. The last charge is in connection to Morrison’s attempt to mislead the court into believing he was turning his back on a life of crime.
“I have grave doubts Mr. Morrison seriously wants to move in a positive direction,” said Justice Brenda Keyser. “It’s not the first time he has tried to con the court.”
Morrison, 38, was one of 18 people arrested in December 2007 as part of Project Drill, a undercover police investigation targeting the Hells Angels and its associates.
Morrison was already in custody at the time of his arrest. That same month he was sentenced to one year in jail after being convicted at trial of possession of cocaine for the purpose of trafficking. At that sentencing hearing, Morrison told the court he had severed his ties with his criminal associates and had moved to the country with his girlfriend and young child.
What the court didn’t know was that Morrison was still dealing drugs with an eye to becoming a Hells Angels “prospect.” “There is no question Mr. Morrison lied to the court in order to receive a more lenient sentence,” Crown attorney Pat Flynn said Tuesday. “Were it not for Project Drill we would never have known about it.”
As in similar investigations before and since, Operation Drill relied on the use of a paid agent — in this case, career criminal and biker associate Scott “Taz” Robertson — to ensnare the criminal targets. Morrison negotiated four drug deals with Robertson worth $50,000. The money has not been recovered.
Morrison was sentenced to eight years on the drug charges and an additional six months for obstruction of justice. He received 28 months credit for time served but will serve another year in custody if he does not repay the $50,000.
Morrison claimed he was ashamed of his actions and again promised that his days as a criminal are in the past.
“I don’t ever want to create victims in my life again,” he told Keyser.
Keyser didn’t believe him.
“I think his prospects for rehabilitation, quite frankly, are slim.”

Drug trafficking nets man 8 year term
ALLEN Morrison had two major goals in life -- to join the ranks of the Hells Angels and to bring the purest cocaine to the streets of Winnipeg.
An undercover police sting operation made sure Morrison came up short on both fronts.
Morrison, 38, was sentenced to eight-and-a-half years in prison Tuesday after pleading guilty to a string of trafficking charges from his December 2007 arrest. Morrison was one of 18 people targeted during "Project Drill", in which a secret agent was paid $625,000 plus expenses to conduct a series of drug deals which were captured by police audio and video surveillance.
Morrison was caught arranging four major cocaine deals in which he sent a lower-level "courier" to meet with the agent at various city locations, including the Polo Park Shopping Centre, Shoppers Drug Mart, Burger King and A&W in which cash and drugs changed hands.
Police also intercepted a phone call in which Morrison pledged to bring better quality cocaine to the city. The agent was complaining about the diluted product he'd been receiving.
"I want it to be very pure to get everyone hooked on crack again," said Morrison.
Morrison was a longtime biker associate, officially deemed a "Hangaround", who was slowly climbing the criminal ladder at the time of his arrest, court was told.
Morrison also pleaded guilty Tuesday to obstruction of justice for his actions at a December 2007 sentencing hearing on drug offences from 2003. At the time, Morrison and his lawyer told court he had walked away from his gang affiliations, moved out of Winnipeg with his wife and children and was looking forward to living a life on the straight and narrow.
In fact, Morrison had just spent the past few months practically begging to be made a full-patch Hells member and deliberately misled the court in an attempt to get a more lenient sentence.
"He made representations through his council he knew to be false," Crown attorney Pat Flynn told court.
Morrison apologized for his actions Tuesday and spoke of a "new way of thinking" which including living crime-free once he is released from prison. A cynical Queen's Bench Justice Brenda Keyser wasn't buying it.
"I have great difficulty believing there's any truth to that," she said. "It's not the first time he has tried to con the court."

I definitely agree that this man is manipulative and has lied to the court about his actions and behaviour. He participated in cocaine deals (which by the way, are not THAT serious of a crime) and pleaded guilty to it. 

I would like to know whether there were any mitigating factors in this case or the background history of this man and his lawyer's arguments. 

I feel that 6 years is too harsh of a sentence. Research has proven that longer sentences are no more effective in reducing and deterring crime, than shorter sentences. 

I feel that prison should only be meant for the most dangerous, high risk and violent offenders. From this article, I would not classify this man as any of those. Drugs are not that violent of an offence, as there are no victims. He did not harm anybody. If he has drug addiction problems and gang problems, I would suggest a gang desistance program, family counseling, counseling to uncover the root causes of his criminal behaviour, healthy living skills and addictions treatment. 

I don't know if a lengthy prison sentence is necessary for this man. I would suggest possibly a year in prison because it was a drug offence and to express denunciation combined with counseling and drug treatment.  

Saturday, March 13, 2010

Robbery ringleader sentenced to 13 years prison


Bjarne Roussin is paying the price for not knowing when to quit.
Prosecutors say Roussin, 30, was the ringleader of a trio responsible for robbing a McPhillips Avenue payday loan outlet and for the attempted robbery of a second outlet that resulted in a dangerous high-speed chase.
Roussin’s arrest in March 2006 came just three months after he finished serving a six-year prison sentence for three crack-fuelled armed robberies.
Earlier this year a jury convicted Roussin of one count each of armed robbery and attempted armed robbery, several weapons offences, dangerous driving, two counts of obstructing justice and three counts of uttering threats and other offences. Jurors acquitted him of three additional robberies.
On Friday, Justice Doug Abra sentenced Roussin to 13 years in prison. Roussin received double credit of eight years time served, reducing his remaining sentence to five years.
Court heard Roussin orchestrated the robberies and remained in the getaway car while his two co-accused did the dirty work.
Police, noting similarities to Roussin’s previous robberies, placed a wiretap on his phone line and a GPS monitor on his car.
Roussin was under police surveillance when the three men tried robbing an Instaloans outlet in St. James. The robbers found the business locked and were confronted by police, who attempted to box-in their getaway car.
Roussin rammed a police cruiser and sped away. Police gave chase but quickly abandoned the pursuit due to safety concerns.
“His conduct was outrageous,” Abra said.
Police wiretaps caught Roussin trying to convince a former jail guard to join his criminal band of brothers.
Cops arrested Roussin and his two co-accused in March 2006. While in custody, he threatened to kill his girlfriend if she co-operated with police.
In a separate hearing Friday, a second judge sentenced Roussin to another 12 months in jail for dangerous driving and six months — to be served concurrently — for uttering threats.
Court heard Roussin, believing his girlfriend had been unfaithful, threatened to kill her during a harrowing, high-speed drive that ended when he plowed into a snow drift. Roussin later confronted the man he believed had been sleeping with his girlfriend and threatened to shoot him in the head.

A Winnipeg man has been sentenced to 13 years in prison for a crime spree that included forcing others to carry out armed robberies by threatening violence against their families.
Bjarne Roussin was described in court Friday as someone who poses a high risk to reoffend and has "no respect" for society's rules.
"He is a career criminal," said Crown attorney Christina Kopynsky.
A jury convicted Roussin late last year of 17 criminal charges. Court was told he picked up two long-time friends in a rental car on Feb. 7, 2006, and drove them to three separate locations: Cash Converters in Transcona, The Cash Store on McPhillips Street and Insta Loan on Portage Avenue.
Roussin demanded the men commit robberies, saying he would go after their loved ones if they didn't comply. He gave them specific instructions on what to do and handed his two co-accused a bandana, a balaclava and sunglasses to hide their faces. Roussin also gave the men a pellet gun that looked like a real firearm and a can of bear spray, telling them to use the weapons to "scare" their victims.
Roussin remained outside in the vehicle while all three robberies occurred. He then pocketed all the proceeds.
Winnipeg police had set up surveillance at several local payday-loan businesses and caught the third robbery as it happened. Officers tried to stop Roussin as he sped away in his rental car, but quickly lost him.
He pulled the same routine on Feb. 20, 2006, this time sending one of the men to rob the Pizza Hut on Portage Avenue and the Norwood Hotel beer vendor. Roussin paid the man $200 for his efforts, court was told.
The two co-accused pleaded guilty to their roles in the robberies and testified against Roussin.
Police investigators used technology to help crack the case by planting a GPS tracking system on Roussin's vehicle, which allowed them to secretly record conversations going on inside. They suspected he was involved, based on a lengthy criminal history for similar robberies. Roussin was also caught on a telephone wiretap discussing another planned robbery with a man, court was told.
Roussin was also convicted this week on separate charges involving dangerous driving and uttering threats against his girlfriend, which were recorded on a listening device planted inside his vehicle.
Roussin has spent four years in custody since his arrest and was given double-time credit of eight years. He was still able to take advantage of the controversial two-for-one credit because his time in custody predates new federal legislation that came into effect last week and prohibits judges from awarding it.
Roussin was then given another five years behind bars.

 
March 3, 2009
A Winnipeg man is on trial for allegedly planning a series of armed robberies and then forcing others to carry out the acts by threatening violence against their families.
Bjarne Roussin began his Queen's Bench trial Monday by pleading not guilty to 25 criminal charges. Crown attorney Elizabeth Pats outlined the case against Roussin in her opening statement to the jury.
Roussin is accused of picking up two long-time friends in a rental car on Feb. 7, 2006 and driving them to three separate locations: Cash Convertors in Transcona, The Cash Store on McPhillips Street and Insta Loan on Portage Avenue.
"While driving there Roussin gave instructions ...on how to commit the robbery. Once at the scenes, Roussin took a bag out of the truck of the Toyota and gave his two co-accused a bandana, a balaclava and sunglasses to hide their faces," Pats told jurors. He then handed the men a pellet gun that looked like the real thing and a can of bear spray, telling them to use the weapons to "scare" their victims, she said.
Roussin remained outside in the vehicle while all three robberies occurred.
"All of the proceeds were given to Mr. Roussin," said Pats. "Mr. Roussin did not physically enter these locations. Not only was he the wheel man, he was the person in charge."
Winnipeg police had set up surveillance at several local payday loan businesses and caught the third robbery as it happened. Officers tried to stop Roussin as he sped away in his rental car but quickly lost him.
"Roussin knew that he had collided with an unmarked police car. In order to get away you will hear he drove at high rates of speed ignoring traffic lights and stop signs," said Pats. "They ended up in Fort Garry, picking up lighter fluid on the way as they had a plan to burn the car to destroy the evidence. They pulled into a back lane ...but they thought they were seen by someone so instead they walked away abandoning the car."
Roussin allegedly pulled the same routine on Feb. 20, this time sending one of the men to rob the Pizza Hut on Portage Avenue and the Norwood Hotel beer vendor. Roussin paid the man $200 for his efforts, court was told.
The two co-accused have pleaded guilty to their roles in the robberies and are expected to testify against Roussin.
The man who did all five hold-ups was given a deal from justice officials in exchange for his evidence.
Pats said police investigators used technology to help crack the case by planting a GPS tracking system on Roussin's vehicle, which allowed them to secretly record conversations going on inside. Roussin was also caught on a telephone wiretap discussing another planned robbery with a man, court was told.
Roussin's former girlfriend is also expected to testify about renting the vehicle which was used in the crimes, and then being threatened by Roussin not to speak with police to protect him from prosecution.
The case is expected to last six weeks.

Dec.15, 2009
A Winnipeg man has been convicted of planning a series of armed robberies and then forcing others to carry out the acts by threatening violence against their families.
Jurors heard nearly six weeks of evidence and spent 48 hours deliberating before finding Bjarne Roussin guilty of 17 criminal charges Saturday afternoon.
Roussin was accused of picking up two longtime friends in a rental car on Feb. 7, 2006, and driving them to three separate locations: Cash Convertors in Transcona, The Cash Store on McPhillips Street and Insta Loan on Portage Avenue.
Jurors heard how Roussin gave the men instructions on how to commit the robberies. He remained in the vehicle while all three robberies occurred.
The two co-accused pleaded guilty to their roles in the robberies and testified against Roussin. One of the co-accused was given a deal from justice officials in exchange for his evidence.

My opinion??
Considering this man's planned and deliberate robberies, forcing others to commit them for him, getting all the proceeds, lengthy criminal history, high risk to re-offend and being convicted of 17 charges... I think that this sentence is completely appropriate. I have said before that I believe prison should only be reserved for the most violent, high risk and dangerous offenders and I believe Roussin, fits this category. However, the media did not report on any mitigating factors, so they are a bit biased and therefore, I don't know his side of the story. But after double time credit is taken into account, I think that 5 years is appropriate for Roussin.