Appeal Court reduces prison sentence for sex offender

Sex offender has sentence reduced

Manitoba’s highest court has slashed a prison sentence given to a high-risk sex offender who randomly stalked and molested a woman in a Winnipeg shopping mall.

Corey Wright, 39, was originally sentenced to four years behind bars but learned Wednesday the Court of Appeal had reduced it to three years.

Justice Richard Chartier said the initial penalty given to Wright "falls outside an acceptable range of sentences under similar circumstances, making it demonstrably unfit." Chartier noted the trial judge found the 2008 incident didn’t meet the legal definition of a "major sexual assault" - but then imposed a sentence as if it was.

Wright was found guilty of sexual assault for following a young woman around a shopping mall for 30 minutes, then running up behind her, grabbing her waist and forcing his hand between her legs. She screamed and ran away.

"The facts are very disconcerting," aid Chartier. "Although the victim was not physically injured from the attack, she suffered emotional and psychological harm."

Police were able to quickly identity and arrest Wright because the attack was caught on surveillance video, court was told.

Wright has a lengthy criminal history with more than 40 prior convictions, including five for "sexually-motivated" offences. Three involved exposing himself to women, one was for making indecent phone calls and the other was for criminal harassment against a female victim who he also stalked and exposed himself to in a shopping mall.

"What is clear from the latest incident...is that there is a noticeable and troublesome escalation in the level of violence used by the accused," said Chartier. "Furthermore, at the time of sentencing, the accused had done little to address his offending behaviour."

The Crown had originally sought a five-year sentence for Wright, while his lawyer asked for a 26-month penalty.

Wright had served pre-trial custody which was given-double time credit of 23 months. Chartier has now ordered him to spend another 13 months behind bars, to be followed by two years of supervised probation. His conditions include mandatory sex offender counselling and having no contact with the victim.

Appeal court slashes prison sentence for high risk sex offender

MANITOBA'S highest court has slashed a prison sentence given to a high-risk sex offender who randomly stalked and molested a woman in a Winnipeg shopping mall.

Corey Wright, 39, was originally sentenced to four years behind bars but learned Wednesday the Court of Appeal had reduced it to three years.

Justice Richard Chartier said the initial penalty given to Wright "falls outside an acceptable range of sentences under similar circumstances, making it demonstrably unfit." Chartier noted the trial judge found the 2008 incident didn't meet the legal definition of a "major sexual assault" -- but then imposed a sentence as if it was.

Wright was found guilty of sexual assault for following a young woman around a shopping mall for 30 minutes, then running up behind her, grabbing her waist and forcing his hand between her legs. She screamed and ran away.

"The facts are very disconcerting," said Chartier. "Although the victim was not physically injured from the attack, she suffered emotional and psychological harm."

Police were able to quickly identity and arrest Wright because the attack was caught on surveillance video, court was told.

Wright has a lengthy criminal history with more than 40 prior convictions, including five for "sexually motivated" offences. Three involved exposing himself to women, one was for making indecent phone calls and the other was for criminal harassment against a female victim who he also stalked and exposed himself to in a shopping mall.

"What is clear from the latest incident...is that there is a noticeable and troublesome escalation in the level of violence used by the accused," said Chartier. "Furthermore, at the time of sentencing, the accused had done little to address his offending behaviour."

The Crown had originally sought a five-year sentence for Wright, while his lawyer asked for a 26-month penalty.

Wright had served pre-trial custody which was given-double time credit of 23 months. Chartier has now ordered him to spend another 13 months behind bars, to be followed by two years of supervised probation. His conditions include mandatory sex offender counselling and having no contact with the victim.

The portion of the public who advocates for "tougher" sentences simply lack understanding, knowledge and information regarding our complex justice system and its mechanisms. Anyone who clearly understands our justice system and studies crime, such as criminologists and professors, usually do not advocate for tougher sentences, because the research has proven it to be ineffective and expensive at crime reduction and prevention. Because the majority of public receive information about crime and justice solely from the media (which is biased and sensationalizes violent and rare crimes), their attitudes about criminality are subsequently biased and not well developed. They are not well informed about the many issues surrounding the decisions made.  

As a criminal justice student, it frustrates and concerns me to see so many members of the public completely disregarding human rights inherent to all Canadians (including prisoners) and advocating for tougher sentences which have been proven in research time and time again, to have little, if any, significant impact on crime rates. We need to stop ignoring the research, stop reactionary responses to crime and start implementing proactive and preventative policies instead. That is the only way crime will be reduced and/or prevented. I wish everybody understood this or at least acknowledged the research.. but unfortunately, some individuals are too self-centered/ignorant to acknowledge that they are wrong. 

Seriously, how are longer prison sentences helpful to long term public safety and offender rehabilitation? They aren't. Longer sentences have been proven to increase an offender's chances of re-offending and decrease their chances of successful reintegration, which is extremely important for improving public safety. We must facilitate rehabilitation and reintegration in all cases, so offenders can be returned to society as productive and law abiding citizens.

How are longer prison sentences helpful to long term public safety and offender rehabilitation and reintegration? They are ineffective at all of these objectives. Longer sentences have been proven to increase an offender's chances of re-offending and decrease their likelihood of successful reintegration. How does that improve public safety? If an offender is not rehabilitated, provided with little support, assistance and programming upon release/guidance, they are more likely to re-offend, therefore, creating more dangerous communities. We have to remember that virtually all offenders WILL eventually be released back into our communities and be living among us. They will live in our cities and towns, be our coworkers, attend college or university with us or with our children and be our neighbours. Therefore, we MUST facilitate reintegration by providing offenders with the skills necessary to be productive members of society. We must always remember to do what is in society's best interests, and that does not mean retribution, revenge or excessive punishment.

An inmate serving a lengthy sentence in prison once said, "When I get out of here in 25 years, do you want to be my neighbour?" 

I would have preferred a sentence of 2 years in prison for this sex offender. He should have to participate in sex offender counselling and programming in prison and also relapse prevention/maintenance programs once released into the community. Sex offenders suffer from cognitive distortions, and have often been abused or neglected themselves, therefore, they need effective psychological treatment. This man would be considered a "rapist" in the three categories of sex offenders and therefore, requires general crime programming and moderate intensity sex offender programming.   

Man, 48, accused of abusing teenage stepdaughter

Man, 48, accused of abusing teenaged stepdaughter

Winnipeg police have seized videotapes and explicit emails they say show a 48-year-old man sexually abusing his teenaged stepdaughter and secretly recording her on camera.

The accused -- who can't be named to protect the identity of the 16-year-old girl -- was recently arrested on charges of voyeurism, making child pornography and sexual assault. None of the allegations have been proved and he is presumed innocent.

Police began investigating in January after the teen told her mother she woke up in their West End home to find her stepfather molesting her.

The woman also discovered numerous email messages her husband of five years had allegedly been sending to her daughter for the past several months.

She went to court and obtained a restraining order against the man, filing copies of the emails with the courts. She also filed for divorce.

In the emails, the man is accused of offering his stepdaughter cash, electronics and even allowing her to skip school and keep it a secret. But he indicates there will be a price.

"You know that your mom will be mad at you skipping school and you keep asking me to do things for you, I don't ask anything in return but this time I think that you owe me for doing this for you!

"If you agree to my terms I will continue to keep your secrets. My term is this you will agree to do what I ask of you with no questions," he allegedly wrote in an April 2009 email.

In May 2009, the girl received an email stating: "I want that we can spend some quality time together and I would like to see you the way your mom does."

Further emails included invitations for the girl to spend time with him in exchange for money, an iPod and a cellular phone.

"Would you like me to give you $300 tomorrow? All you have to do is one simple thing and I will give you the money in cash. All you have to do is come into the room. Let me know you got this email and say yes," reads an August 2009 email.

Police arrested the man in March 2010 and initially charged him with sexual assault and sexual interference. He was released on a promise to appear in court with conditions not to have any contact with the girl or his estranged wife.

The investigation remained open and took another turn when police recently discovered a series of videotapes which contain nude images of the girl. She apparently had no idea they had been taken. Police say the recordings were made between September 2007 and December 2009, beginning when the girl was just 13. There are no allegations they had been sold or distributed.

Police rearrested the man earlier this week on the additional charges of child pornography and voyeurism. He has been detained in custody at the Winnipeg Remand Centre. The investigation is ongoing.

These are pretty serious charges but I do not feel that this man should be held in custody, causing further overcrowding in the remand facility, which has adverse effects on all inmates. Only the most dangerous individuals who pose a high risk to the public safety should be detained, but the majority, should be granted bail. I do not believe this man poses a great danger to society or the public, and therefore, should not be held in custody. He should have been released on bail in the community with strict conditions. 

Elder with history of abuse receives conditional sentence for sex assault

Elder avoids jail term for sex assault

A Manitoba aboriginal elder will not go to jail for using his position of trust to persuade a female inmate to have sex with him.

Neil Hall, 55, was given an 18-month conditional sentence Tuesday that allows him to remain free in the community. The Crown had been seeking a period of real custody for Hall, who pleaded guilty earlier this year to sexual assault.

Hall worked as a provincial jail counsellor and met the 29-year-old victim while she was behind held at the Winnipeg Remand Centre, the judge was told. The woman asked to meet Hall in his office for a traditional native smudge in April 2006.

Hall granted her request, but then asked the woman to lift up her shirt and expose her breasts during the ceremony. She refused and left. Hall continued to request sexual favours in the days that followed, eventually offering the woman cigarettes in exchange for flashing.

The incidents escalated when Hall offered the woman $40 for oral sex and said he would "put in a good word" to help get her out of jail early. She performed oral sex on at least three occasions, but was never paid by Hall, the judge heard.

The woman was released from custody in June 2007. Hall had promised her she could live with him once back in the community, then withdrew the offer when she called him looking for somewhere to stay. She eventually reported the incidents to police, who began an investigation.

Hall initially claimed it was the woman who offered him sex in exchange for cash, but later admitted his wrongdoing. Defence lawyer Saul Simmonds said Hall was sexually and physically abused by teachers and other students while attending Manitoba residential schools. Hall was fired from his position following his arrest and is now living off welfare.

Crown attorney Don Knight described the victim as a "vulnerable person" who was in the care of the public trustee.

Provincial court Judge Patti Umpherville said Tuesday that Hall doesn't pose an ongoing risk to society and has expressed genuine remorse for his actions through his guilty plea, which spared the victim from having to testify. His conditional sentence includes house arrest and sexual offender treatment and counselling. Any breaches would land him back before Umpherville, who has the authority to convert the remaining sentence to actual jail time.

No jail time for elder convicted of sexual assault

WINNIPEG - A Manitoba native elder will not go to jail for using his position of trust to convince a female inmate into having sex with him.

Neil Hall, 55, was given an 18-month conditional sentence Tuesday that allows him to remain free in the community. The Crown had been seeking a period of real custody for Hall, who pleaded guilty earlier this year to sexual assault.

Hall worked as a provincial jail counsellor and met the 29-year-old victim while she was being held at the Winnipeg Remand Centre, court was told. The woman asked to meet Hall in his office for a traditional native smudge in April 2006.

Hall granted her request, but then asked the woman to lift up her shirt and expose her breasts during the ceremony. She refused and left. Hall continued to request sexual favours in the days that followed, eventually offering her cigarettes in exchange for a flashing, court was told.

The incidents escalated when Hall offered the woman $40 for oral sex and said he would "put in a good word" to help get her out of jail early. She performed oral sex on at least three occasions but was never paid by Hall, court was told.

The woman was released from custody in June 2007. Hall had promised her she could live with him once back in the community, then withdrew the offer when she called him looking for somewhere to stay. She eventually reported the incidents to police, who began an investigation.

Hall initially claimed it was the woman who offered him sex in exchange for cash but later admitted his wrongdoing.

Defence lawyer Saul Simmonds said Hall was sexually and physically abused by teachers and other students while attending Manitoba residential schools. Hall was fired from his position following his arrest and now is living on social assistance, court was told.

Crown attorney Don Knight described the victim as a "vulnerable person" who was in the care of the public trustee.

Provincial court Judge Patti Umpherville said Tuesday that Hall doesn’t pose an ongoing risk to society and has expressed genuine remorse for his actions through his guilty plea, which spared the victim from having to testify.

His conditional sentence includes house arrest and sexual offender treatment and counselling. Any breaches would land him back before Umpherville, who has the authority to convert the remaining sentence to actual jail time.

Perv elder spared jail

A native elder and jail counsellor who abused his position to coerce an inmate into providing him with oral sex won’t be going to jail.

Instead, a judge has ordered that Neil Hall serve an 18-month conditional sentence in the community.

“I find little good in sending this offender to jail when he has shown he is ready and willing to be rehabilitated,” Judge Patti Umpherville said Tuesday. “The decision did not come easy to me.”

Hall, 55, previously pleaded guilty to one count of sexual assault.

Umpherville said Hall had a troubled upbringing that included prolonged abuse at a residential school. Hall has no prior record and has had no more run-ins with the law since his arrest. The court received 20 letters of support from across Canada and the U.S.

The Crown had been seeking an 18-month jail sentence.

“If you are looking after individuals who are incarcerated, who have little or no place to turn ... to then turn on them and impose your will in a sexual fashion is clearly something that cries out for a very strong message,” special prosecutor Don Knight said at a sentencing hearing earlier this month.

The then 29-year-old victim was a ward of the public trustee and described as a vulnerable person. Court heard the woman was incarcerated at Winnipeg Remand Centre in April 2006 when she asked to meet Hall in his office for an aboriginal smudge ceremony. During the smudge, Hall asked the woman to lift up her shirt and expose her breasts. The woman refused and left his office a short time later.

During later visits to Hall’s office, Hall gave the woman cigarettes in exchange for the woman exposing her breasts. The sexual contact escalated with Hall offering her $40 for oral sex. The woman performed oral sex on Hall three or four times before release from custody the following June.

Hall told the woman she could live with him when she was released from jail. When she later called Hall to take him up on his offer “she realized he had been lying to her,” Knight said at a previous hearing.

Hall claimed it was the woman who offered sexual favours in exchange for money. At an earlier hearing he appeared to not understand why he had been arrested.

Defence lawyer Saul Simmonds argued the Crown would have had a very weak case against Hall had he not reported to police and provided a voluntary statement.

“Had he chosen not to” the likelihood of prosecution was “realistically nil,” said Simmonds. “He realizes what he did was inappropriate, because even if it was consensual, he still was in a position of trust,” Simmonds said.

Umpherville ordered that Hall not lead any spiritual ceremonies or hold a position of trust unless approved by his probation officer. She also ordered that Hall’s name be included on the national sex offender registry for 10 years.

I completely agree with the conditional sentence for this man. I agree with the judge and believe he does not pose a danger to the community. I feel sorry for this man as he suffered from abuse at residential schools, which is horrible and has a significant effect on brain development. That is a huge mitigating factor and this man desperately needs help; counseling and treatment programming. 

Two more years for ex-colony member's sex crimes

Two more years for ex-colony member's sex crimes

A former member of a Manitoba Hutterite colony must spend another two years in prison for sex-related crimes a judge has called "humiliating and degrading."

The 20-year-old man -- who can't be named because some of his offences happened when he was a youth -- pleaded guilty earlier this spring to years of abuse against several younger boys living on the same colony.

He was seeking to be released from custody immediately with a sentence of nearly 12 months of time already served in custody. But provincial court Judge Robert Heinrichs said Monday more punishment is needed.

"This is the kind of serious and disturbing behaviour that calls out for denunciation and deterrence," he said.

Heinrichs also placed the man on three years of supervised probation with strict conditions, including having no contact with children under the age of 16. His name will also be placed on the national sex-offender registry for a 20-year period.

The man admitted to three counts of sexual interference and one count of forcible confinement. He was arrested last summer following a lengthy police investigation. Court documents alleged he abused 11 boys under the age of 14 during a seven-year span. Ultimately, he pleaded guilty to charges of abusing three boys between December 2006 and August 2009. They involve more than 50 separate incidents.

Court heard the Hutterite colony has told the man he's not welcome to return. Since the abuse came to light, his two brothers won't have anything to do with him.

"I've been kicked out of the colony," he said during sentencing submissions last month "Right now, I'm stuck (on) where to go... I have to start on my own."

Heinrichs said he took the colony's reaction into consideration when sentencing the man.

"In a way he has already felt the effect of his community's judgment against him," he said.

The man used rubbing alcohol to ply victims after putting a mask on them, an idea he reportedly picked up from a comic strip. He also would use plastic ties to restrain some of them to chairs inside the colony pig barn.

Man sentenced to two more years for sexual assaults
A 20-year-old man has been ordered to spend another two years in jail for repeated sexual assaults against several boys on a Manitoba Hutterite colony.
The accused – who can’t be named because some of his crimes happened when he was a youth – was seeking to be released from custody immediately with a sentence of nearly 12 months of time already served in custody. But provincial court Judge Robert Heinrichs said Monday more punishment is needed.
"This is the kind of serious and disturbing behaviour that calls out for denunciation and deterrence," he said.
Heinrichs also placed the man on three years of supervised probation with strict conditions, including having no contact with children under the age of 16. His name will also be placed on the national sex offender registry for a 20-year period.
The man pleaded guilty earlier this year to three counts of sexual interference and one count of forcible confinement. He was arrested last summer following a lengthy police investigation. Court documents alleged he abused 11 boys under the age of 14 during a seven-year span. Ultimately, he pleaded guilty to charges of abusing three boys between December 2006 and August 2009.
Court heard the Hutterite colony has told the man he's not welcome to return. Since the abuse came to light, his two brothers won't have anything to do with him.
"I've been kicked out of the colony," he said during sentencing submissions last month "Right now, I'm stuck (on) where to go... I have to start on my own."
The man used rubbing alcohol to ply victims after putting a mask on them, an idea he reportedly picked up from a comic strip. Prosecutor Jennifer Mann told court his actions showed the abuse wasn't a "spontaneous act."
However, defence lawyer Leonard Tailleur said he's contesting that because accusations the man performed and received oral sex during the abuse does not classify it as a major sexual assault. He also said his client was not in a position of trust or authority regarding the boys he targeted.
The lawyer said the strict religious setting of a Hutterite colony meant his client received corporal punishment and was put under house arrest when the abuse was discovered. The man has participated in programming in prison and is not considered a high risk to reoffend.

I completely disagree with two more years for this man. What purpose does prison serve? How does it help him? It doesn't. Prison should only be meant for those who pose a danger to society. This man does not. If he is committing sex crimes at such a young age, I suspect that he has been abused himself in childhood or because of his religion, has suppressed his sexual urges and emotions. This man could better benefit from counseling, and rehabilitation sex offender programs in the community through a conditional sentence. Prison should always be a last resort and needs to be relied upon less, to combat overcrowding. Deterrence is a myth, because most criminals are not rational, but impulsive and do not consider the consequences of their actions or the possibility of punishment.  

Abused aboriginal elder should not receive jail for sexual assault

Jail urged for elder- used counsellor position to obtain oral sex

A native elder and jail counsellor abused his position of trust when he coerced a Winnipeg Remand Centre inmate to provide him with oral sex, a judge was told Wednesday.

“If you are looking after individuals who are incarcerated, who have little or no place to turn … to then turn on them and impose your will in a sexual fashion is clearly something that cries out for a very strong message,” special prosecutor Don Knight said.

Knight urged Judge Patti Umpherville to sentence Neil Hall to 18 months in jail.

Hall, 55, previously pleaded guilty to one count of sexual assault.

Court heard the then 29-year-old victim was incarcerated at WRC in April 2006 when she asked to meet Hall in his office for a smudge.

During the smudge, Hall asked the woman to lift up her shirt and expose her breasts, Knight said. The woman refused and left his office a short time later.

During later visits to Hall’s office, Hall gave the woman cigarettes in exchange for the woman exposing her breasts. The sexual contact escalated with Hall offering the woman $40 for oral sex. The woman performed oral sex on Hall three or four times before she was released from custody the following June.

Hall never paid the woman, but “said he could put in a good word for her and help her get out early,” Knight said.

Hall told the woman she could live with him when she was released from jail. When she later called Hall to take him up on his offer “she realized he had been lying to her,” Knight said.

The victim was described as a vulnerable person in the care of the public trustee.

Defence lawyer Saul Simmonds argued the Crown would have had a very weak case against Hall had he not reported to police and provided a voluntary statement.

“Had he chosen not to” the likelihood of prosecution was “realistically nill,” said Simmonds, who urged Umpherville to allow Hall to serve a conditional sentence in the community.

Hall claimed it was the woman who offered sexual favours in exchange for money.

“He realizes what he did was inappropriate, because even if it was consensual, he still was in a position of trust,” Simmonds said.

Hall is a residential school survivor who suffered physical and sexual abuse at the hands of his teachers and fellow students, Simmonds said. He no longer works as a counsellor and lives on social assistance.

“The fall from grace as a result of this has lost him the respect of his community,” Simmonds said. “He is now trying to attain some of that back.”

Hall will be sentenced July 23.

This man should NOT be sentenced to prison. I do not believe he is a danger to the safety of the community. He knows that his actions were unacceptable and wrong. Being abused can cause individuals brain chemical deficiencies, where they actually abuse others. I believe that we need to address the root causes of this man's criminal behaviour, and the best way to do so, is not through prison. A conditional sentence would be more appropriate where he could receive counseling and sex offender treatment and risk management programming.  

Hutterite man who sexually abused boys should receive time served

Man who sexually abused boys says Hutterites turfed him

A 20-year-old man accused of sexually assaulting boys on a Manitoba Hutterite colony told a sentencing hearing Friday he must rebuild his life after family and community members abandoned him.

The man has pleaded guilty to three counts of sexual interference and one count of forcible confinement.

He was arrested last summer. Court documents alleged he abused 11 boys under the age of 14 during a seven-year span. Ultimately, he pleaded guilty to charges of abusing three boys between December 2006 and August 2009.

Provincial court Judge Robert Heinrichs reserved his sentencing decision until July 19.

Court heard Friday the Hutterite colony has told the man he's not welcome to return. Since the abuse came to light, his two brothers won't have anything to do with him.

"I've been kicked out of the colony," he said. "Right now, I'm stuck (on) where to go... I have to start on my own."

The man's name cannot be published to protect the identify the victims of the attacks. Also, one of the charges against him falls under the Youth Criminal Justice Act.

Crown prosecutor Jennifer Mann told the court she is seeking a five-year prison sentence.

The man used rubbing alcohol to ply victims after putting a mask on them, an idea he reportedly picked up from a comic strip. Mann said his actions showed the abuse wasn't a "spontaneous act."

However, defence lawyer Leonard Tailleur said he's contesting that because accusations the man performed and received oral sex during the abuse does not classify it as a major sexual assault.

He also said his client was not in a position of trust or authority regarding the boys he targeted.

He argued his client, who's spent almost 11 months in prison, should be released with no more prison time.

The lawyer said the strict religious setting of a Hutterite colony meant his client received corporal punishment and was put under house arrest when the abuse was discovered.

The man has participated in programming in prison and is not considered a high risk to reoffend.

This man should receive time served and be released with no more prison time. He has participated in programming and is not a high risk to re-offend. I do not believe he is dangerous or violent and is not a threat to the public. Most sex offenders have been abused themselves or have gone through some traumatic experience. I would be interested in knowing more about this man's background. I feel sorry for him that his colony and family have disowned him completely and he is now left to fend for himself. I think that is punishment enough for this man. I also believe he should attend counseling to uncover what has happened to him in his past.  

Sentencing hearing in Hutterie colony sex abuse adjourned until next week

Sentencing in Hutterite colony sex abuse case

Court reporter Mike McIntyre was Tweeting live from the sentencing of a 19-year-old member of a Manitoba Hutterite colony who has admitted to drugging, restraining and sexually abusing several boys over a prolonged period of time.

The accused – who can’t be named because some of his crimes occurred while he was a youth – was to be sentenced today on charges of sexual interference and forcible confinement, but things did not go as planned.

Read a replay of his Tweets to see for yourself.

Judge is not happy with the Crown, who dropped 6 cases in her office earlier today to review.  

Judge has had no time to read them - has been in court since 9 - and says it's her preference to be prepared ahead of court. 

Now defence lawyer raising objection as well to only being given Crown's cases just before court. 

Judge: It would be my preference to put this matter over. Has told Crown, defence lawyers to take a few minutes out of court to discuss. 

Just for background, judges usually like lawyers to give them copies of cases they intend to rely on well ahead of sentencing date. 

This is especially important in cases where lawyers are NOT making a joint-recommendation, helps judge prepare for arguments. 

Crown attorney Jennifer Mann told judge she's been tied up in court all week, this am was first opportunity to do so. 

Alright, lawyers in Hutterite sex case back in court. Both saying they want sentencing to start immediately. 

Defence now just handed judge his stack of cases. Again, she's not very impressed. 

Crown gave judge 6 cases, defence 5. Judge: "That's 11 cases I would have liked to have read." 

Defence wants sentence of time already spent in custody for accused. Crown wants nearly 4 more years in prison. 

Judge is refusing lawyer's bid to have sentencing hearing proceed. She's ordering an adjournment. Now lawyers not impressed. Gong show. 

Now lawyers asking if judge can not be "seized" of case, so they can find another judge who can hear it ASAP. 

Now everyone is checking their schedules over next few weeks to see if they can find a date that works. 

As you can tell, folks, court doesn't always move as slick and smoothly as it does on "Law & Order"! 

Judge apologized to accused. "I'm sure this is a stressful time waiting for your sentencing. Sorry we have to put it over, not your fault." 

They've found a date for adjournment - July 19, 2 pm. Judge Smith will remain seized. 

They tried to find a different judge available to hear it next week - but apparently there are no judges free to hear it. 

Crown and judge are now arguing, on the record. Bizarre. 

Judge lecturing Crown about leaving things to last minute. Crown unhappy judge not seeming to be very flexible. 

They are now taking another break to cool down, see if they can't find a date available before July 19, with or without this judge. 

This is a total mess. And pretty embarrasing for the justice system. 

Lawyers are back in court. Sounds like they have another "solution." 

They have now booked July 2, 2 pm. in front of another judge. 

So, a one-week adjournment instead of three-and-a-half. 

They are now trying to find out what judge will hear it so all of these cases can be forwarded to them ahead of time. 

                          

Coach spent months "grooming" victim before sex assault, documents allege

Coach spent months grooming victim before sex assault, documents allege

A 50-year-old Winnipeg soccer coach allegedly spent months "grooming" one of his 12-year-old players for a sexual relationship, according to court documents obtained Tuesday by the Free Press.

Search warrant affidavits outline the case against the man, who was arrested last week and charged with various offences. None of the allegations have been proven and he is presumed innocent.

The female soccer player was interviewed by police last month and told investigators the relationship with her coach was "normal" until the end of their first season together last spring. Police said the girl started confiding in her coach about ongoing difficulties at home between her parents, who were separated and living apart.

The coach allegedly began asking his player to call him at home, where they would have lengthy conversations about her parents and other off-field issues. He started offering to drive her home from soccer during games and practices when her parents couldn’t attend or had to leave early.

Police say the man would make detours to his house while driving her home on several occasions. The first time, the coach allegedly began hugging his young player. The second time she claims it progressed to rubbing her back and whispering in her ear.

By the third time, the coach is accused of removing the girl’s clothing and having sexual intercourse with her.

Police say there was a clear escalation following that incident, with the coach repeatedly asking the teen to send nude pictures of herself and threatening to break off contact if she refused. The coach allegedly began sending graphic photos of himself. Police say there were more than 100 explicit photos exchanged between the two.

The relationship was eventually exposed last month by the girl’s mother who found notes in her daughter’s room professing her "love" for her coach. The woman also contacted MTS to get copies of all her daughter’s outgoing texts to the man, which were forwarded to police.

Police say the case shows children might be targeted by people they know and trust, not random strangers.

The coach is currently being held in custody on charges including sexual assault, sexual interference, invitation to sexual touching, sexual exploitation, possessing child pornography, exposure to a person under 14 and Internet luring.

The Free Press is not naming him to protect the identity of the alleged victim.

Coach groomed player for sex: police

A Winnipeg soccer coach accused of sexually assaulting and exploiting a young female player exchanged as many as 60 text messages a day with her as part of an alleged effort to groom her for a sexual relationship, CBC News has learned.
Details of the allegations against Steven Skavinsky, 50, emerged Tuesday after the CBC obtained a sworn search warrant affidavit authored by a Winnipeg police child abuse detective.
Skavinsky remains in custody pending a court appearance on Thursday.
He is presumed innocent of charges including sexual assault, sexual exploitation, possession of child pornography and internet luring of a minor.
Police applied for a search warrant to search Skavinsky's home in May after conducting a videotaped interview with the alleged victim. Police also spoke with her parents and Skavinsky himself.
The warrant allowed police to search the home for potential forensic evidence and seize items including computers, digital images, data storage devices and a sofa cover.

Text messages uncovered

According to the sworn affidavit police used to obtain the warrant, Skavinsky coached the girl's soccer team for two years.
However, it wasn't until May 3 that the then 13-year-old girl's mother noted she had been found near Skavinsky's home after leaving school early, the affidavit said.
The mother told investigators she found notes in the girl's room stating, "I love you Steve," Detective Const. Derek Charison wrote.
The mother also approached a local phone company to obtain copies of outgoing text messages from the girl's personal cellphone after calling the company and requesting them, Charison wrote.
The girl's father was also interviewed and admitted being "uncomfortable with the developing relationship … and was aware that they were texting and phoning each other on a regular basis," Charison stated.
The document said representatives of Child and Family Services were called in to interview all parties in May 13. After that, police were contacted and began their own investigation.

'60 times a day'

On May 22, the girl was brought to police headquarters in downtown Winnipeg.
In a videotaped interview, she said that "the relationship was a normal coach/player relationship at first, however towards the end of the first season, it became closer," Charison stated.
The two began text messaging each other, starting "once or twice a week and then it became more and more frequent." According to the documents, the two eventually began texting "before she went to school, after school and before she went to bed."
"They would text up to 60 times a day," the documents said. "Skavinsky asked her to call him and they talked about her parents fighting."
The girl told them that the coach drove her home three times after soccer because her father had to leave early. Each time, they made a stop at his home.
On the first two occasions, the girl said the coach hugged her inside the home, but the third incident "got a lot more physical," the affidavit said.
The girl alleged to police that on this occasion Skavinsky had intercourse with her on his couch, Charison wrote.
After that point, the two began exchanging digital images after he requested it, the girl told police. The pictures became increasingly graphic over time, the affidavit said.
"Skavinsky told her that if she didn't send the pictures, he wouldn't talk to her anymore," Charison wrote.
He also encouraged her to engage in phone sex with him, the affidavit said.
Following the interview, officers asked the girl to take them to identify Skavinsky's home.
The allegations against Skavinsky have not been proven in court.

Police warn parents of grooming 
It began innocently enough, the respected 50-year-old Winnipeg soccer coach forming a strong bond with one of his talented 12-year-old players. But how it ended -- with allegations of explicit chats, nude photos, Internet luring and sexual assault -- has police and child welfare officials warning parents about the dangers of "grooming."
The Free Press obtained search warrant documents Tuesday that outline the case against the accused, who was arrested last week and charged with various offences. None of the allegations has been proven and he is presumed innocent.
"This appears to be one of those classic cases where a lot can be learned," said Noni Classen, director of education at the Canadian Centre for Child Protection. According to police, it was the mother of the young girl who suspected something was amiss and eventually uncovered evidence of the alleged relationship.
The girl was interviewed by police on May 22 and told investigators the relationship with her soccer coach was "normal" until the end of their first season together last spring. Police said she started confiding in her coach about ongoing difficulties at home between her parents, who were living apart. She said the first time he texted her was to say he'd "have a good time with her doing anything." They began exchanging texts a couple times a week, but they soon became more frequent.
"They would text before she went to school, after school, and before she went to bed. They would text up to 60 times a day," police wrote in their affidavit. The coach began asking his player to call him at home, where they would have lengthy conversations about her parents and other off-field issues. He began offering to drive her home after games and practices when her parents couldn't attend or had to leave early.
Police say the man made a detour to his house the first time he was driving her home. He allegedly brought her inside, then gave her a hug "for what felt like 10 or 15 minutes... it was tight and more than a normal hug," the girl told investigators. The coach then tried to hold the girl's hand when they returned to the car but she pulled away. On the second drive home, the coach allegedly brought the girl inside, gave her another lengthy hug and then began massaging her back and "whispering things in her ear," say police. Once again, he tried to hold her hand in the car, this time with success.
On the third drive home, their interaction "got a lot more physical," according to police. The coach began with a hug, then moved his hands under her shirt, eventually removing it. He also removed her shorts and underwear, moved her to a couch and had sexual intercourse. Police say there was a clear escalation following that incident, with the coach repeatedly asking the teen to send pictures of herself.
"He first asked for pictures of her head, then began to ask for ones of her body and would inquire as to what she was wearing," said police. Eventually he was reportedly requesting fully nude photos, which she complied with.
"He told her that if she didn't send the pictures, he wouldn't talk to her anymore," said police. The coach allegedly began sending photos of himself, first in his underwear, then more graphic poses. Police say there were more than 100 explicit photos exchanged between the two.
The relationship was eventually exposed by the girl's mother, who found notes in her daughter's room professing her "love" for her coach. The woman also contacted MTS to get copies of all her daughter's outgoing texts to the man, which were forwarded to police.
Police say the case shows how children might be targeted by people they know and trust, not random strangers. Classen said Tuesday that children who are targeted by these types of "predators" often don't see themselves as victims, which can make it difficult to uncover abuse.
"Often the individuals involved in these types of cases are very charismatic. The child almost becomes emotionally dependent on them, and it becomes very confusing," said Classen. "A lot of times they will come forward not because of the abuse, but because the abuse has stopped." Classen said parents must keep a close eye on their children in organized activities.
"You really have to stick to appropriate boundaries between adults and children," she said. The coach is currently being held in custody on charges including sexual assault, sexual interference, invitation to sexual touching, sexual exploitation, possessing child pornography, exposure to a person under 14 and Internet luring.
The Free Press is not naming the accused to protect the identity of the alleged victim.

17 year old guilty of sex with 13 year old girl

17 year old guilty of sex with 13 year old girl

A 17-year-old boy from western Manitoba has been convicted of sexual assault for having consensual sex with a 13-year-old during a game of Truth or Dare.

The soft-spoken teen confessed in Brandon court this week by writing a note to Judge Krystyna Tarwid describing what he did. He then apologized.

"I'm sorry for what I did, I know it was wrong," said the teen, who can't be identified under the terms of the Youth Criminal Justice Act.

The incident happened Dec. 30, when the boy was invited to stay over at the girl's home in the Rural Muncipality of Oakland. He was a friend of the girl's brother.

Crown attorney Marycia Sieklicki said the boy, 16 at the time, and the girl were playing Truth or Dare. It began with kissing elbows but escalated when the boy dared the girl to lose her virginity to him, and the girl agreed.

The youth admitted to having sex with the girl and apologized when her parents confronted him the next day.

Defence lawyer Philip Sieklicki added his client asked the girl six times before they had sex and she never denied consent.

However, Judge Tarwid noted that at 13 years old the girl wasn't legally old enough to consent. If the girl had been one year older, it wouldn't have been a legal issue.

Sieklicki also told court the boy has a troubled background. He was abused by his older sister and his grandfather was a convicted pedophile.

Tarwid gave the teen a two-year conditional discharge with an order requiring him to take sex-offender counselling.

Tarwid said the counselling will help the boy to better understand issues such as consensual and safe sex.

Teen sentenced in truth or dare sex assault

A 17-year-old boy in western Manitoba has been convicted of sexual assault after a game of truth or dare went too far.
The teen admitted Tuesday in a Brandon courtroom to having consensual sex with a 13-year-old girl in December.
The girl was the sister of one of his friends.
The 17-year-old was staying overnight at his friend's house, south of Brandon, and was playing truth or dare with the girl. Court was told he dared the girl to lose her virginity to him.
Although the girl agreed, at 13 she was not legally old enough to consent to sex.
The teen admitted to the act the following day when he was confronted by the girl's parents.
On Wednesday, the teen — who cannot be named under provisions of the Youth Criminal Justice Act — told the judge he knew what he did was wrong.
The judge sentenced him to a two-year conditional discharge and ordered him to attend sex offender counselling.

This act shouldn't have even been a criminal act! The girl was only one year younger than the age of consent. I can't even believe this is an issue that the courts had to deal with. It was consensual. The boy was 16 at the time and the girl was almost 14. That is a normal dating range for many teens who have consensual sex! He should not have been charged with sexual assault, because he did not assault her! If they both consented to the activity, why wasn't the girl charged as well? They were both young and impressionable. The boy is no more guilty than the girl who also agreed to it. I have sympathy for the boy, considering his troubled background of being abused. Abuse can alter your brain chemicals while still under development and can cause criminal offending later on in life. I completely agree with the conditional discharge, so this boy is not given a criminal record. I also agree with the sex offender counseling.

This 17 year old's sexual act with consent, does NOT fit the criteria needed for sexual assault. This shouldn't have even been a crime! I am shocked that a judge found him guilty of sexual assault. You would think they would know the legal elements needed for the crime... you would think....

For all we know, she could have been just a few months or weeks shy of her 14th birthday, not a whole year. It's not like the article said she just turned 13, her parents were obviously miffed. He was 16 on Dec.30, but the headline screams 17 year old charged. So there is more than likely just a little over 2 years difference in age not like the 4 years that could be so easily assumed (headline). There are hundreds of kids in that normal dating range of 14 to 16 and I'm sure at least half of them are having consensual sex! Check out the pregnancy stats of MB! 

Many of the girls that I knew lost their virginity when we were in Jr. High, many of them to guys who were in high school and had a car, most were 12 and 13 years old.
Teens will explore their bodies with themselves or others (hopefully of roughly the same age), as they are experiencing the affects of hormones coursing through them.
A good point brought up is where were the parents? Supervision would have negated this from ever being an issue.

This would have been a different story if the boy was over 18. I don’t think it is right to try and legislate sex among minors as long as they are 12 and older, if you are not their supervising what is going on, then you need to expect this kind of thing to happen. I think that many readers would agree if they look back on their youth and the things that they did.

Though he was given a conditional discharge, which for the most part relinquishes any sort of criminal record (as its not a conviction), I'm curious if he had to register his name with the Sex Offenders Registry.
Though counseling would be a good idea I'm sure, a lot of people lose their virginity at this age or a year or two older, consensually (and legally), and don't need counseling. Let's not forget that as young as she may be, had she been just a year older there would have been no crime here whatsoever. 

 

Life sentence for sexual assault and murder

Life sentence for rape, murder

A career criminal with a history of violent attacks was sentenced to life in prison Thursday for killing and raping a Winnipeg woman.

Stanton Viner, 49, pleaded guilty earlier this spring to second-degree murder for the July 2007 slaying of Aynsley Kinch. The 36-year-old mother of three was found in a field in northwest Winnipeg after going missing from her inner-city residence two days earlier. She had been sexually assaulted and strangled.

Viner must wait 17 years to apply for parole under a joint-recommendation from Crown and defence lawyers to raise eligibility from the mandatory minimum of 10 years.

"This was a brutal and senseless killing of a very vulnerable and defenceless woman," Queen’s Bench Justice Colleen Suche said Thursday.

Kinch’s family members crowded the Winnipeg courtroom, where a large picture of the murdered woman was prominently displayed for all to see. They described her as a "lost soul" who fell victim to drug abuse, which led her to work in the sex trade.

"Her death has broken their hearts and shattered their lives," said Suche.

Outside court, Kinch’s parents said life in prison was too easy for their daughter’s killer, who has spent much of the past 30 years behind bars.

"Now the government is going to have to pay $100,000 a year for this (expletive) to sit in prison. Isn’t that a crime?" said John Fitch, Aynsley’s father.

"This is why they should bring back the death penalty," said Aynsley’s mother, Diana Fitch.

Viner made brief comments to the family in court, asking for their forgiveness. His lawyer described a deeply troubled life which led him down a troubled path.

"His own life has been steeped in violence. First as a witness, then a recipient, then a perpetrator," said Suche. She warned Viner that parole eligibility just means "permission to ask" and does not guarantee he will ever be released from prison.

Police arrested Viner just days after the killing, thanks largely to DNA analysis. He was a stranger to Kinch until her picked her up as a "John" looking for sex. He had also consumed drugs and alcohol the night of the killing, court was told.

Until the arrest, many believed Kinch and several other city sex-trade workers were killed by the same person. Kinch’s body was found in the same area of the city as where another young woman was later found. And 17-year-old Fonassa Bruyere’s body was found a short distance from where the body of Therena Silva was found in December 2002.

There are still at least 18 unsolved slayings of Manitoba sex-trade workers since 1983 in which no arrests have been made. A provincial task-force has been set up to examine all of the cold cases to see if there may be any links.

Life for killer, rapist
Stanton Viner will be approaching his 70s before he has even a chance to walk outside prison walls.
Viner, 52, was sentenced Thursday to life in prison with no chance of parole for 17 years for the rape and murder of Aynsley Kinch.
Family members choked back tears as they remembered the 35-year-old mother of three, a “lost soul” who fell victim to drug addiction and prostitution.
It was drugs that brought Viner and Kinch together, hours before she was killed on July 13, 2007. Court heard Kinch had been celebrating her birthday at the home of a friend, a home which was a popular hangout for crack users. Viner met Kinch at the house and the two smoked crack together before leaving to buy more drugs.
Viner returned alone to the house three hours later, claiming Kinch “ripped me off for $100 and took off in a black car.”
Kinch’s body was discovered a day and a half later in a field near Murray Road and the Perimeter. She had been beaten and strangled to death. Kinch suffered nearly 50 distinct injuries, including two “significant” bruises to her skull and bite marks to her breast.
The killing was “cold hearted and cold blooded,” said Crown attorney Christina Kopynsky. “(Viner) showed nothing but disregard for her. There is no question this was a vicious and brutal attack.”
Viner has a history of violence that spans his entire adult life, including a conviction for severely beating two people and another for sexual assault.
“Rehabilitation is not a realistic possibility,” Kopynsky said.
Police arrested Viner and interrogated him for 10 hours. Court heard Viner initially denied knowing Kinch, later claimed he saw someone else kill her, before finally admitting he killed her himself.
“She was taken from us in a cruel way,” Kinch’s mother Diana Fitch told court. “I wonder what it was like for her as she lay dying on her last night. Did she cry out as she was being hurt? Oh, she must have.”
Fitch said police and medical examiners discouraged her from identifying her daughter’s battered body.
“They told us to try and remember her as she was before.”
Defence lawyer Jeff Gindin said Viner has led a troubled life marked by drug addiction and frequent thoughts of suicide.
“There are obviously some deep-seated psychological issues here,” Gindin said.
Justice Colleen Suche said Kinch’s murder has “broken (her family’s) hearts and shattered their lives.”

Slain mom`s killer gets 17 years
A career criminal has been sentenced to life in prison without a chance at parole for 17 years for the murder of a Winnipeg sex-trade worker and mother of three.
Stanton Viner, 52, will be behind bars until he's at least in his late 60s for strangling Aynsley Aurora Kinch, 35, and leaving her body in a field on the outskirts of the city in July 2007.
Viner pleaded guilty to second-degree murder in April.
While a conviction on the charge carries a mandatory life sentence without parole for 10 years, Viner agreed to having his parole eligibility hiked to a minimum of 17 years after making a plea deal with the Crown.

'Only God will truly hold him accountable.'—Relative of Aynsley Kinch

Justice Colleen Suche approved the sentence at an emotionally charged sentencing hearing Thursday morning. Many members of Kinch's family were present for the hearing.
Suche called Kinch's murder a "brutal and senseless killing of a vulnerable woman" and cautioned Viner that the parole board may not look kindly on his case.
"Make no mistake Mr. Viner," Suche said, "The prisons of this country have many persons inside their walls that have never been granted parole."
She called Viner's adult life "steeped in violence" based not only on the manner by which Kinch was killed, but also on hearing of his 20 prior criminal convictions. Suche called Viner "dangerous to others."

'I'll get it from her in my own way'

According to the facts of the case read in court by Crown attorney Kusham Sharma, on July 13, 2007, Kinch turned up appearing "slightly drunk" at a friend's home in the North End of Winnipeg. Kinch was known to sometimes work in the sex trade.
The home at Pritchard Avenue and Charles Street was known as a place to purchase crack cocaine.
The friend introduced Kinch to Viner later that day and the two left together. She was never seen alive again.
However, Viner returned to the home about three hours after the two left and complained that Kinch had stolen $100 from him.
When the friend offered to help him find her and get the money back, Viner replied, "Don't worry about it. I'll get it from her in my own way."
More than a day later, a woman walking her dog on a path near Murray Avenue and McPhillips Street near Winnipeg's northwest outskirts found a dead woman's body. She was naked from the waist down.
Police were called and identified her as Kinch, who had been reported missing.
She was clutching some fresh grass in her hand. Police determined that she had died at the scene because it matched the grass in the area.
An autopsy showed she had been strangled and her breast had been bitten. A pathologist concluded that Kinch and her attacker had struggled and she also suffered at least two blows to her head.
The North End homeowner recognized Kinch from a picture she saw on TV and called police to tell them what she knew.

'Oh God, what did I do, what did I do?'—Stanton Viner

Viner was immediately considered a suspect and police began to assemble a case against him.
Police obtained a warrant to search a van he often borrowed from his sister and found a clump of hair that matched Kinch's DNA.
Viner was arrested at a Manitoba jail where he was being held on another charge two months after Kinch's body was found.
In a marathon 10-hour long interview with homicide investigators Mark Mirwaldt and Dave Bessason, Viner initially denied knowing Kinch or having anything to do with her death.
About halfway through the videotaped interview — which the Crown described as "expertly" conducted, Mirwaldt leaves the room and asks Viner if he wants anything.
"A rope," Viner said.
While the officers are out of the room, the cameras kept rolling. Viner is seen talking to himself.
"I'm dead," he said. "Oh God, what did I do, what did I do?"

Brother's murder unsolved

Although his defence lawyer, Jeff Gindin, fought to keep the video statement from being entered as evidence in Viner's trial, Suche allowed it to be used.
Not long after, Viner entered his guilty plea.
Gindin told Suche that Viner, originally from Nova Scotia, has had a lifelong struggle with substance abuse which was exacerbated by being shunned by his father and the still-unsolved homicide of his younger brother.
In a letter of support filed on his behalf by Viner's mother, she said she wished her son had stayed in drug treatment programs offered to him over the years.
"All the wishes in the world won't change one darn thing," the woman conceded.
In a creaky voice, the burly, imposing Viner stood to apologize to Kinch's family during the hearing. The Crown had placed an oversized picture of her on a stand that faced Viner from across the courtroom.
"I'd just like to tell the family of Aynsley I'm very sorry," he said. "Hopefully some day you'll forgive me. I've had a long time to think — I had a lot I wanted to say.
"But now all I can say is I'm sorry."

Apology rings hollow

While giving her decision, Suche said Kinch's family has been left in "utter bewilderment" by the murder.
"Her death has broken their hearts and shattered their lives."
After the hearing, Kinch's father, John Fitch, said he thought hearing Viner's apology and history was "crap" and criticized that the government will have to pay to keep him in prison for so long.
"And that's why the death penalty should be imposed," he said.
Kinch's niece said in a victim impact statement read in court that ultimately, there would be no satisfaction for her in whatever sentence the court imposed on Viner.
"Only God will truly hold him accountable," she wrote.

Man gets life for brutal, senseless killing
Her family describes her as a "lost soul," a once vibrant young woman who fought a losing battle against addiction and got swept up in the city's sex and drug subculture.
On Thursday, they struggled to face the man who took advantage of their daughter's vulnerability and brutally end her life.
Stanton Viner, 52, was sentenced to life in prison after admitting to the July 2007 slaying of Aynsley Kinch. The 35-year-old mother of three was found half-naked in a field in northwest Winnipeg after going missing from her inner-city home on her birthday 48 hours earlier. She had been raped and strangled.
Viner pleaded guilty earlier this spring to second-degree murder. He must wait 17 years to apply for parole under a joint recommendation from Crown and defence lawyers to raise eligibility from the mandatory minimum of 10 years.
"This was a brutal and senseless killing of a very vulnerable and defenceless woman," Queen's Bench Justice Colleen Suche said.
Kinch's family members crowded the Winnipeg courtroom, where a large picture of the slain woman was prominently displayed. Her 17-year-old son, Jesse, wore a whiteT-shirt with a picture of his mother.
"She was taken from us in a very cruel way. I wonder what it was like for her as she lay dying on that last night," Kinch's mother, Diana Fitch, said while reading a victim impact statement in court.
Fitch described the family's anguish in watching Kinch descend into a dangerous world in the months before her death.
"Aynsley became one of the world's lost souls. The world took hold of my girl and I couldn't control it," she said.
Outside court, family members said prison isn't sufficient punishment for Viner. The career criminal has spent much of the past 30 years behind bars for 20 convictions, many of them for violent acts.
"Now the government is going to have t
o pay $100,000 a year for this (expletive) to sit in prison. Isn't that a crime?" said John Fitch, Aynsley's father.
"This is why they should bring back the death penalty," Diana Fitch added.
Viner made brief comments to the family in court, asking for their forgiveness. His lawyer said Viner had a deeply troubled life that led him down a troubled path.
"His own life has been steeped in violence. First as a witness, then a recipient, then a perpetrator," Suche said. She warned Viner that parole eligibility just means "permission to ask" and does not guarantee he will be released from prison.
Police arrested Viner just days after the killing, due largely to DNA analysis that matched a pubic hair found at the crime scene to him. He was a stranger to Kinch until he met her at a known drug house that he frequented, where Kinch was getting high that day.
"What led her to be in his company... is a tragedy in and of itself," said Suche. Viner initially denied any responsibility, but later confessed to the killing during a 10-hour police interview.
Until the arrest, many believed Kinch and several other city sex-trade workers were killed by the same person. Kinch's body was found in the same area where the body of a young woman was later found. There are still at least 18 unsolved slayings of Manitoba sex-trade workers since 1983. A provincial task force is examining all of the cold cases.

Nice biased headline on the latest Free Press article! "Brutal, senseless killing" is clearly the author`s opinion, not a fact, but by putting those words in the headline, implies that it is a fact and gives readers with a negative first impression. It is over-sensationalizing this murder. All of the articles also do not give enough details about the mitigating factors of the accused and his background. As usual, this Free Press story focuses too much time and space on the victim of the crime and a proportionate amount on the accused and his background life and mitigating factors. The Judge did say that the murder was brutal and senseless, but then it should be in quotations.

Here were some tweets made by Mike McIntyre (the author of the story):
A perfect example of why rehabilitation is no magic wand, ONLY works if the criminal is willing and prepared to work at it, make change.

The man sentenced for brutal killing today has 20 prior convictions spanning 30-plus years. He will have hard time ever getting parole.

Crown says he is "cold hearted, cold blooded." Has been given every opportunity to turn life around over the years, always failed.

Drug treatment, sex offender treatment, numerous counselling programs, probation - absolutely nothing worked, says Crown.

I agree, rehabilitation is not a "magic wand", but I am left wondering, did this man attend these programs while in a prison or in the community. Because community programs are much more effective, as the prison subculture and negative environment counteracts prison programming. Even if he has failed at programs, is that reason to give up on him! Maybe he needs more assistance, more guidelines, better programs, etc. And, you cannot say "nothing worked." Maybe he needs more intensive treatment for his issues. But saying nothing worked, is implying that you have examined the effectiveness of those programs on this man`s life, and I highly doubt you have done that.      

I would like to know more about the accused`s troubled life and the mitigating circumstances in this case. Clearly, this article is biased is it fails to mention any of those. 

I never agree with mandatory minimum sentences of life in prison as they are harsh and leave judges with no discretion to consider the mitigating circumstances of this offender. MMS treat all crimes as though they are equal, when really, all offenders and their crimes are different and unique. Longer prison sentences have proven to increase the rates of re-offending and make an offender less likely to successfully reintegrate into society upon release, as they become institutionalized, dependent on others, are released with little assistance, are not properly rehabilitated due to underfunded programs and long waiting lists, are released with no housing or employment, have been negatively influenced by the prison environment, gangs, drugs, other inmates, have often become more hardened criminals as prisons are the schools of crime, lack problem solving, communication, stress management, risk management and life skills.  


I would have sentenced this man to 3-4 years in a minimum security prison and required that he participate in substance abuse programming (even though prison programs are not very effective, combined with the prison subculture and negative environment), anger management, violence prevention, skills, and counseling for his suicidal thoughts and to help uncover what led to his crimes of sexual assault, sex offender programming, and substance abuse treatment. This man appears to have mental health issues and prison for those people can worsen their conditions, especially lengthy sentences. This man is somewhat of a risk to public safety due to his random attacks, but should not be imprisoned for a long time. Prison can also have more negative effects on elder inmates, such as this man. They are often targets for violence as they are more vulnerable. This is why he should be in prison for the least amount of time possible.     

I cannot believe the woman who is advocating for the death penalty! Nobody deserves to die and all human life is valuable, regardless of the crime committed. The government killing murderers, does not demonstrate to society that murder is wrong. Plus, we as a society should not be willing to take the risk of executing an innocent person. Remember Steven Truscott! Capital punishment is barbaric, inhumane, uncivilized and cruel punishment which violates human rights and has no place in civilized societies, such as Canada. Shame on everyone who advocates for the reinstatement of capital punishment! Capital punishment does not deter, prevent or reduce crime. Just look at the United States! 

I believe that legalizing and regulating prostitution would be a very good way in reducing things like this from happening again. Currently prostitutes are backed into street corners and have to accept any client they can get. They can so easily get stolen from, raped, or far too often killed. They cannot enforce condom use, and therefore STIs spread rapidly.

If there were legalized and secure brothels, there would be no violence, background checks could be done on the clients, and there would be regular testing and mandatory condom use. For those who have drug problems and are resorting to prostitution for that reason only, then there has to be more resources to get them out of it. There are some resources now, but not nearly enough.

I suggest you all look into New Zealand's laws regarding prostitution. They recently legalized it. Also, there are certain counties in Nevada where brothels are legal. Probably the most well-known brothel is the Bunny Ranch. There are no murders happening inside those walls.

Of course, you would always have people going outside of the system, but the point is to make it as safe as possible for those who choose to do it. For those who want out, there needs to be resources to help them.

If you like the Chinese justice system so much, why dont you move to China! Here in Canada, we would rather be civilized and humane. But if retribution, barbaric punishments and inhumane acts, are what you strive for... you should definitely move to China! Capital punishment is barbaric, inhumane and uncivilized, regardless of the crime committed. Apparently you place little value on the human life.. how disturbing!

Sex suspect released from prison, assaulted girl

Sex suspect lived close to kid's park

From the front porch of the blue rooming house where Greg Glen Hope lived for the last month, you can hear the sound of children laughing.

The park where a six-year-old girl was abducted and sexually assaulted sits directly across the narrow Langside Street from the house.

On Thursday morning, police announced they had arrested Hope, 34, and charged him with the crime that rocked the West End neighbourhood this week. It is alleged the suspect had attempted to befriend the child prior to the incident, police said.

Rooming house tenant Robert E. Williams was asleep on Sunday night when the attack occured. He never would have guessed his neighbour would soon become an accused child molester, he said.

"I'm shocked, because we didn't know his background," Williams said. "He sounded like a nice, quiet guy to me."

Residents said that Hope moved into a room on the house's third floor about a month ago, after being given a key by the suite's former tenant. He had recently been released from prison on a December 2009 break-and-enter conviction, although his new neighbours didn't know that.

Instead, Williams said, Hope raised little attention around the building. Hope "liked a couple of drinks after work," Williams said, and sometimes talked about his work for a landscaping company and how he hoped to get into university in September.

Williams, who has lived in the house for seven years, said he never saw Hope near the park.

"I was really shocked. He didn't seem to me like that type. But I've got a 20-year-old daughter, and if anyone did that to her... well, whatever they give him, this guy should get double that," Williams said, adding that he hopes to see better lighting installed in the area to help deter crime.

Even more disturbing for some residents was learning that, if Hope had received the sentence for the break-and-enter charge the Crown attorney sought, he would have still been behind bars the night he allegedly lured the girl away from the park. He was sentenced to six months in prison, and released earlier this spring.

"That's because the justice system sucks," said another man near the rooming house. "If he ever gets out and comes back here, if I ever see him again, me and my friends, about 15 of 'em, we're gonna stomp him. That's what happens when you mess with kids."

Con out early, girl, 6, violated

A 34-year-old career criminal accused of kidnapping and raping a six-year-old girl would likely have been in jail at the time of the sex attack had the Crown got their way at a recent sentencing hearing, the Free Press has learned.

Instead, the man was given a more lenient penalty which allowed him to be released from custody just a few weeks ago, allegedly paving the way for Sunday night's attack on the child.

Greg Glen Hope was arrested Wednesday and charged with child abduction and several sex-related charges, including sexual assault causing bodily harm. None of the allegations has been proven and he is presumed innocent.

Court records show Hope was sentenced on Dec. 1, 2009 for a string of offences, including break and enter and several breaches of court orders. Provincial court Judge Ray Wyant gave him six months behind bars in addition to six months of pre-trial custody. His full sentence doesn't actually expire until June 1, but Hope was recently granted early release, likely after serving two-thirds of his sentence, which is normal for Canadian criminals.

The Crown had been seeking another year in jail for Hope, citing his lengthy criminal record and history of violating court orders. Wyant didn't agree with the Crown's request, which would have taken Hope's sentence until Dec. 1, 2010 and meant he would likely have remained behind bars until later this summer.

"I really do want to change my life for myself and my children and behave properly in society," Hope told the judge at his sentencing hearing. He described the break-and-enter and breaches as "despicable things" which he blamed on unresolved alcohol and crack-cocaine addictions.

Hope has criminal convictions dating back to the mid-1990s, mostly for property crimes and breaches, but also including threats and weapons offences, court was told. He was arrested in October 2008 after breaking into a Furby Street home and stealing several bottles of alcohol and a cellphone while the residents were in another room. One of the victims ended up calling their own phone number and offering to buy back the stolen phone. Hope agreed to meet at a nearby convenience store, only to be greeted by waiting police officers.

He was granted bail several weeks later on conditions he reside at the Behavioural Health Foundation to receive ongoing addictions treatment. He fled the facility after four months, claiming he was in several relationships with female residents that had broken down. A warrant was issued for his arrest and executed last summer. He had been in custody since then until his recent release.

Hope is now accused of going to the Magnus Eliason Recreation Centre near Ellice Avenue and Langside Street around 9:30 p.m. last Sunday, where the six-year-old girl was playing with several older brothers.

Police say a man tried to befriend the girl, then lured her to a nearby home where she was seriously sexually assaulted. She was eventually allowed to return to the park, where family members found her crying and missing one of her shoes. She was taken to hospital for treatment.

"An (alleged) sexual predator has been taken off the street," police Chief Keith McCaskill announced Thursday morning. Police spokesman Const. Jason Michalyshen said the case was a top priority for investigators.

"This was and will always be, in the back of everyone's minds, one of the more horrific events we have to report," he said.

The girl's mother issued a statement Thursday through the Assembly of Manitoba Chiefs, praising police for their quick work and asking for privacy.

"This is a very difficult time for us and we respectfully ask that the media and the public allow us the time we need to deal with this situation," she said. Ron Evans, the Grand Chief of the AMC, said they are focused on offering the victim and her family all the resources they need. He also warned other parents to be vigilant.

"As more children spend time outside during the summer months, we ask parents, families and the greater public to be aware of the dangers in our neighborhoods," Evans said. "We also ask foot patrols and police to frequently visit areas where children and youth gather."

In hindsight, they say he should have been held longer in jail but in reality, nobody could have known based on his background of property convictions, that he would re-offend sexually in the community. He had every right to be released on statutory release. I find it interesting that this is allegedly his first sexual offence. Usually with sexual offenders, they have done it more than once. Maybe his cocaine and alcohol addictions contributed to his behaviour. I would love to know more about this man's background such as his childhood life.