This is the boss now and one would imagine that any and all evidence goes through him as well as making any decisions to destroy evidence, final say before any charges are laid. He is the Corporal and the other three's boss. As such, he is the only one trusted to represent the crown at a bail hearing in front of the justice of the peace. I did have that bail hearing right at the station over a TV screen.
In that hearing he introduced the charges and the statements as well as field notes and general reports. Among all of that he also throws in a few other things to convince the Justice of the peace that I shouldn't be released and this is what he adds in. " I instructed constable Folk to conduct a cautioned interview with Mr Harms, Mr harms became agitated to the point that the interview was to be concluded, however he did admit to ripping off all of her clothes to teach her a lesson" He also adds that I had pointed a gun at the officer and stated that at the given time they cannot determine if it was real of not ( a gun that was also years later was admittedly to have been destroyed!. No charges were laid and not so much as a photograph exists of said firearm) He also goes on to say that while I was in booking, that I had admitted ,confessed to a murder decades earlier!. I cannot imagine a more outlandish thing for him to say other than for the reason to convince the J.P not to grant me bail. Yet he wrote this in a report as well and where I have never been charged nor investigated for murder, no single lawyer challenged his claims in court, let alone the presiding J.P.That being said, there is no small reason why I was denied bail and till this day he has been insulated and never had to answer for any of this. Additionally, where he makes his claim about the said interview with constable folk. Folk himself writes in his general report, signed and dated and (we have them) constable folk says exactly this " I was instructed by Corporal Dozois to conduct a cautioned statement with Mr Harms, Harms became very upset and refused to answer any of the cautioned statement questions, no statement with any evidence was provided"!
As you can see, he purposely falsified statements to achieve his goal which was to have myself denied bail and prevent my release. I assure you that any claim I speak about his conduct is backed by His own paperwork, signed,dated, all originals (from the disclosure package with their badge numbers). As I came by way of all this information having requested a full copy of the disclosure used amongst themselves and within the Law courts, egregiously against me. Additionally throughout the years, all these falsified statements were read into the record at court.
Let's hear what he has to say the day before my trial was to begin where his evidence was supposed to be filtered and questioned as to truthfulness, yet poorly done as it should have been much more thorough. Incidentally, The judge ruled his comments, statements not
The following is cut and copied from the transcripts, I posses the originals in full. Q stands for 'Question and A for answer.The side numbers are just their way of logging it by their determined timeline.15 RICHARD DAVID DOZOIS, Sworn, Examined by Ms. Joyce (Voir Dire)
16
17 Q MS. JOYCE: Corporal Dozois -- and I apologize, I’m probably going to
18 butcher your name several times -- but how long have you been a member of the
19 RCMP?
20 A About 14 and a half years.
21
22 Q Where have you been stationed during that period of time?
23 A Eight and a half years in Morinville and the remainder of the time, 4 and a half years,
24 in Athabasca.
25
26 Q So in 2011, May 21st, you were in Athabasca?
27 A Yes, that’s correct.
So I don't know about your math but 8.5 years and 4.5 years does not add up to being 14.5 years, no matter how you try. So this got me thinking, surely a cop and a boss cop with subordinates under his belt can add. Most certainly he knows he is testifying so what happened to the other year and a half? It occurred to me that I had never checked this guy out. I like many Canadians believe in police and Constable Folks past behavior " In the line of duty" was bad enough, surely there couldn't be another of them with a checkered past, let alone a boss cop. Why the missing year and a half?.
I typed in his name and was shocked at what had come up. While stationed in Morrinville, a supervising Constable for the RCMP. He was one of two cops involved in a really big tragic accident that ended up becoming the biggest joint venture lawsuits against the RCMP in Alberta's history due to their their negligence! .
(the truck driver was later cleared of all charges and the responsibility laid against the R.C.M.P, the 2 involved. Dozios was later transferred to my area, promoted to corporal and ran that detachment.)
This accident resulted in the death of six oil field workers (that's right 6) and left one in a coma brain dead and missing an eye, another 20 plus were seriously wounded and according to Dozois direct published testimony. "There were bodies scattered everywhere over a 25 meter radius and all I could do was take mental pictures of the scene and call for as much help as possible" He goes on under oath to blame the faulty radio's for the resulting accident and his underling but took no responsibility himself although he himself positioned him there. Certainly one could imagine that would not only a be traumatic event occurring in ones life but would definitely require some mental health help? Without it one could reasonably suffer from P.T.S.D . If you can see that then it could explain the year and a half gap in his timeline memory of being a cop. I'm certain he wasn't a corporal then but I'm certain he was the senior constable as it was reported in the news. Yet after a lengthy investigation that resulted in the R.C.M.P being seen as squarelt to blame, especially Dozios. His subordinates having greater or equal time as constables were transferred as he was, yet they never received a raise in rank but Dozios did. In fact he was transferred to a small detachment in the town of Athabasca as a full Corporal!, becoming one of two that run the entire local force.
The ironic and shocking point I discovered is that the anniversary of that tragic scene was May, 20, 2005. The day that I was arrested was 1 day after that said anniversary, May 21,2011. Just one day after an incredibly dramatic anniversary that due to his and his partners actions, 6 were dead, one might as well be dead as he lies disfigured in a coma and 20 plus others were seriously injured. Thus the launching of the biggest lawsuits in Alberta's history by workmans compensation and the families against the R.C.M.P. So one could imagine that on the day he "investigated "myself his judgement could very well have been clouded, preoccupied and although it seems to be reaching. It just so happens that I too was an oilfield worker, used drill bits lining my driveway and back entrance from previous wells I drilled. Oilfield stuff all around my home, might it have triggered something? Those who suffer from P.T.S.D are subjected to triggers.
But lets hear what else he has to say.
29 Q And as the corporal there or at a different rank?
30 A There’s two corporals there and I’m one of them.
31
32 Q Okay.
33 A Yes.
34
35 Q And so you had under your, I guess, supervision Constable Folk; is that right?
36 A That’s correct.
37
38 Q Do you remember May 21st of 2011 entering into an investigation with Constable Folk
39 and a person by the name of Joseph Harms?
40 A Yes.
41
46
1 Q If you can tell us what is the first knowledge you had of that investigation.
2 A The radio call that dispatched a complaint to an address in Athabasca.
3
4 Q And that was from a telecoms type --
5 A Yes, it was.
6
7 Q So what did you know or what information did you have about this complaint when
8 that came?
9 A The -- the dispatch was to a residence in Athabasca. It involved a sex-related
10 offence or a sex-related call, which is a 1069, was the dispatch.
11
12 Q What did you do after hearing that dispatch call?
13 A Constable Folk was assigned the call and I was advised by him that he would attend
14 the residence himself as he was familiar with that residence, and I continued with a
15 patrol of the Athabasca area.
Actually Constable Folk testifies that it was he that informed his boss that "he would take the call and would not need back up as he has dealt with the family before" So which is it? Not the other way around as Dozios suggests. This I know having obtained copies of their field books and reports.
16
17 Q So where were you then when you received the initial complaint?
18 A I was at or near Jack Fish Lake.
19
20 Q And where is that in comparison to the town of Athabasca?
21 A It’s about a 20 -- approximately a 20-minute drive to the town of Athabasca.
22
23 Q Had you told any of the other members of your location at Jack Fish Lake? Would
24 they have -- or, pardon me. Would you have given information that that’s where you
25 were?
26 A Constable Folk knew that I was either headed to that direction or I was actually there.
Headed there or was there? After all his obtained field notes state that he agreed to Folk's suggestion and continued on two Jackfish Lake as Folk was but 2 blocks away.
27
28 Q And was that in relation to a complaint or something else that was going on at the
29 time?
30 A No. I was not scheduled for duty that particular evening. I was scheduled for an
31 enhanced shift which is a shift -- an overtime shift to assist with the county in
32 patrolling campgrounds. And at that time we had a large number of people within
33 the town of Athabasca due to the Slave Lake fires, so I was brought in on overtime on
34 that day in question.
So a day after the tragic anniversary, he's not only working but brought in for overtime in dealing with yet another tragic event where the population of the town grew from 2'990 to an additional 6'782 people due to the evacuation of Slave Lake as nearly the entire town burnt down. His population just tripled literally overnight from a natural disaster, himself working over time on the anniversary of his own natural disaster. Yet he was clear headed right?So clear headed that he just admits about the "slave lake fires, how our town population grew astronomically, and although he was on shift that day and we were in such a heat wave that the nearby towns were burning down he doesn't question a "victim "that quote "it was raining so hard that I had to go home and change"/
35
36 Q After the initial complaint comes in and you find that Constable Folk is going to
37 attend, what happens from there?
38 A Constable Folk radioed me and provided me with -- I’m not going to say a standard --
39 it appeared with what came over the radio that he required my assistance to the
40 residence that he went to.
Officer in distress? officer in danger? gun involved?
41
47
1 Q What time does this communication from Constable Folk come?
2 A The original call from telecoms came approximately 1722 hours on that date, and I
3 arrived at the house at 1815 hours. I’m going to say that it was probably around
4 5:00 to 6:00, 6:00 when I got word from Constable Folk that he needed my
5 attendance.
According to my math that's is 53 minutes! Yet he said he was "only about 20 minutes away". His partner just did a distress call of some nature and I'm very certain you wouldn't have ignored it but responded immediately. Lights on, speeding,one would assume he would have made it there say in 10 minutes? Sound fishy to anyone? What could have prevented or delayed him for so long? Constable folk testifies that he was "on scene, spoke to Angel and was downstairs in 7.5 to 7.45 minutes, yet somewhere in that time he called you for back up. Yet Constable Folk also testified that "by 6:30 he was seated by myself making small talk, having already called Dozios who was only enroute to jackfish lake" This is at least a 45 minute black hole. both in of your response times and both your testimonies. Now Dozios claims he arrived at the residence at 6:15!
7 Q We’ve established where you were when the initial complaint came in. Where were
8 you when the call for assistance comes in?
9 A I was en route to Jack Fish Lake at that time.
So you were just "en route",which means you could have gotten there even quicker to back Folk up?
10
11 Q When you arrive, you said on the scene, but what location are you describing where
12 you arrive at 8:15?
13 A It was a resident’s house on the west side of Athabasca.
14
It would appear the crown Lawyer is thinking on her feet and the timeline doesn't make sense to her either.However, moving on so as to not call attention.
15 Q What happens when you arrive there?
16 A I was greeted at the door by Ms. Samantha Roberts. I was invited into the residence.
17 I didn’t see Constable Folk anywhere. I saw Ms. Roberts and her daughter on the
18 main floor, and I was advised that Constable Folk was in the basement.
19
20 Q Who advised you of that?
21 A I don’t recall. I believe it was Sam, but I’m not a hundred per cent sure.
Of not much consequence but this person testifies to pertinent detail when it benefits him, else he pulls the "I don't recall, Can't remember, not sure" you'll see what I mean coming up.
22
23 Q Do you know the name of the daughter, Samantha’s daughter?
24 A Yes, it’s Angel Roberts.
25
26 Q What were you wearing when you attended this location?
27 A I was in full uniform.
28
29 Q So describe that, please.
30 A Standard RCMP issue, yellow striped pants, uniform shirt, vest, and side arm. Full --
31 full duty belt.
32
33 Q What did you have in your mind after receiving a call from -- for assistance from
34 Constable Folk, or what information did you have when you received that call for
35 assistance from Constable Folk? I mean about what you were stepping into at this
36 residence.
37 A I didn’t know.
"You did know", remember sex assault call, officer in distress, help I need back up". Wonder what he thought he was doing there?
38
39 Q Did you do anything with any of the items on your duty belt when you attended into
40 this residence?
41 A I don’t specifically recall.
"You don't specifically recall" One would imagine that you would have pulled your service weapon on the ready to defend your partner, walking in an unknown situation. Unless of course it didn't happen that way.
1
2 Q After being advised that Constable Folk is downstairs what did you do?
3 A I went downstairs.
4
5 Q And what did you observe downstairs?
6 A In the basement I observed two people, Constable Folk and Mr. Harms, and the both
7 were in conversation when I came downstairs.
So the clarity has returned. Yet it would appear that you just saunder downstairs to aid in your partners distress call, no gun pulled, baton, taser, even pepper spray yet go into an unknown area in the basement to aid said in distress partner?
8
9 Q Where were each of these people located?
10 A They were seated on the couch in the basement.
Kind of odd isn't this?
11
12 Q Could you hear what was being said in that conversation?
13 A I don’t recall specifics of what was said in the conversation.
" I don't recall" Yet you know we were talking, could see and hear us but "you don't recall"
14
15 Q What happened after you see these two people on the couch?
16 A I -- I approached both of them and I allowed Mr. Harms to speak to Constable Folk.
17 And while I was down there, Constable Folk was looking at me and he was averting
18 his eyes to a corner of the room several times during our conversation, and I looked,
19 but I couldn’t see what he was actually trying to get my attention for.
"During our conversation?" I thought Folk and I were talking? you "approached both of them and I allowed Mr. Harms to speak to constable Folk". You learn this at the Academy? Shifty eye language?
20
21 The conversation continued. I listened attentively to what Mr. Harms said, and he --
22 he made a disclosure in the basement that I overheard that prompted me to advise him
23 that he was under arrest.
So now you are "listening attentively to what Mr. Harms said" What was it I said that prompted you to arrest me?
24
25 Q Can you tell or did you hear anything that led up to that disclosure that you are talking
26 of?
27 A I’m sorry. Did I hear anything that led up to that disclosure?
28
29 Q Yes. Or can you just advise of the conversation that led up to that disclosure?
30 A Not specifics of the conversation that I can recall.
"Not specifics of the conversation that I can recall". Did you not just say " I listened attentively to what Mr. Harms said"?
31
32 Q And what words are you talking about when you say a disclosure was made?
33 A When I entered the residence originally, I observed that both Angel Roberts and Sam
34 Roberts were visibly upset. And when I went down into the basement, as soon as
35 Mr. Harms advised or stated that he tore off Angel’s clothes, I asked him to stand and
36 I said, you know, for him to turn around and put his hands behind his back, that he
37 was under arrest for sexual assault.
Okay. Even though " cannot recall the specifics of the conversation, nor what was being said but you do recall that I made a comment of some type of guilt prompting you to advise me that I was under arrest"Yet we find another key lie here. "I said , you know for him to turn around and put your hands behind his back" It should be noted here that even Constable MC Donald who later becomes involved testified that "I was advised by Corporal Dozois that the suspect was not to be removed from his handcuffs until pertinent DNA could be retrieved, thus preventing him from tampering with the evidence" In fact Constable Folk testifies of the same exact thing in this regard.
38
39 Q What was Mr. Harms’ demeanour like when he was speaking, saying that he tore off
40 Angel’s clothes off?
41 A He was agitated. He was angry. He was agitated and angry.
49
1
2 Q What words did you say when you advised him of arrest?
3 A I said he was under arrest for sexual assault and, put your hands behind your back, and
4 Constable Folk placed the handcuffs on him at that time.
Odd that Constable Folk and I were sitting on the couch together. Dozios can't remember a damn thing said or it what context was the conversation, what the conversation was even about even though " I listened attentively to Mr Harms" and yet he heard "The omission" and advised me to stand up, place my hands behind my back that in fact I was under arrest but Folk placed the handcuffs on me? Folk was the investigator, Dozios was there for back up?. The sign of being detained is to be cuffed, so who did actually arrest me. Later this will become a contentious issue.
5
6 Q What happened from there?
7 A Constable Folk escorted Mr. Harms up the stairs and I went to the area that Constable
8 Folk was trying to get my attention. In the corner of the basement was a black firearm.
9
10 Q Did you do anything with that firearm?
11 A Yes, I did. I picked it up. I examined it. I immediately thought that it was real.
12 It took me a couple seconds to prove the firearm’s safe, and at that time during the
13 process of examining it and making sure that it wasn’t loaded that I realized that the
14 firearm was not -- not real.
15
16 Q A firearm, I think, can have many different types. What type of firearm did this
17 item look like?
18 A It was a replica semi-automatic firearm.
19
20 Q Do you have any indication or recollection of what time you located that replica
21 firearm?
22 A I don’t have a time when the firearm was seized, but it would have been
23 approximately ten minutes after my arrival there, 6:25 -- or 1825, 1830 approximately.
So all of this happened in 10 to 15 minutes ( depending how long he was upstairs) Regardless of whether it was a replica or not, why was I never charged with pointing a gun at a police officer as Folk testified that I did? Why would you not have drawn your weapon if your partner made a distress call of a gun? Why would Folk be seated beside me on the couch at your arrival? Why was the "gun " destroyed? Could it be Corporal that none of this happened this way and one of the reasons why I wasn't charged with pointing a firearm (real or not) was because it had a big bright orange plastic tip as most toy guns do? Further more didn't you destroy said "gun because it clearly would have been embarrassing for you all?
24
25 Q And what did you do after you determined that the item was a replica?
26 A I secured the firearm on my person. And at this time Constable Folk had escorted
27 Mr. Harms out to his patrol vehicle, which was a truck, and I went upstairs and I
28 spoke to Ms. Roberts and -- or Angel Roberts and Sam Roberts.
29
30 Q Prior to going downstairs yourself, did you have any information about any specific
31 allegation made by Ms. Roberts, by Angel Roberts? What I mean by that, did you
32 have any knowledge of the type or nature of the complaint that she was making?
33 A No.
"No"? Really. The call that came over your radios near an hour plus earlier was no indication? Talking to My accuser upstairs gave you no indication? The back up call from your partner gave you no indication either?
34
35 Q Did you at any point come to know the type or nature of the complaint that she made?
36 A After Mr. Harms was secured in the patrol truck and while I talked to Sam and Angel
37 Roberts, that’s when I learned the specifics of what -- what was alleged.
The "specifics of what was alleged" But you did know why you were there, unlike your last answer. Did he not understand the previous question?
38
39 Q And what were the specifics that were alleged to you?
40 A I was advised by Angel Roberts that she was called several times by Mr. Harms to
41 come home. She arrived home, and there was a rude comment that she had made.
50
1 She was approached by Mr. Harms. He had grabbed her face and took off her
2 clothes, or demanded that her clothes be removed. And she showed me where it
3 happened, in the bedroom. She showed me the clothes that she was wearing that
4 were still on the floor.
I guess then that one would assume that there were crime scene photo's taken? Items of clothing seized? and they were placed into evidence, turned over to the crown? In fact the room was photographed, yet they were never turned over to the crown. According to the evidence seizure list clothing was also seized and yet that too was never turned over to the crown and somehow ended up destroyed. So there were no photographs, no clothing, DNA came back clearing me. Nothing to see here Folks, move along. Ironic it is that I obtained the evidence seizure list, DNA results yet not the photographs (lost apparently)
5
6 And then I spoke to Samantha about the incident. She advised me what occurred
7 when she arrived home, what she saw, and then I asked them to attend the detachment
8 to provide statements to me.
9
10 Q What happened after you received, I guess, kind of the context or the nature of the
11 assault allegation from Angel, what did you do after that?
12 A I went out and I spoke to Constable Folk and advised him what information I was able
13 to quickly obtain from Ms. Angel Roberts and Ms. Sam Roberts, and he -- and
14 Mr. Harms dealt with that portion from that point on.
15
16 Q Do you know what time this occurred that you go out from, I believe, from the
17 residence to speak to Constable Folk? Do you have an idea of what time that
18 happened?
19 A I would have spoke to Ms. Angel Roberts and Ms. Sam Roberts. It would have taken
20 no more than five -- five or so minutes to quickly gather the information of the
21 allegations and then go brief Constable Folk on -- on what I learned.
22
23 Q Did you give any advice to Constable Folk about anything specific that he should do?
24 A I advised him that he should charter caution Mr. Harms on -- and arrest him formally
25 and go through his charter caution card for sexual assault.
I thought I was already read my rights while being cuffed in my own home?
26
27 Q Did you advise him about anything regarding further investigation?
28 A I can’t recall.
" I can't recall" WTF? Folk testifies to a lot more.
29
30 Q What did you do after talking to Constable Folk?
31 A I contacted Constable Parker to attend with a camera. I made a call to our on-call
32 forensic identification section to consult with them regarding the collection of DNA
33 evidence and to get some advice as the situation was such that I learned from Angel
34 Roberts that Mr. Harms had digitally penetrated her, and I was concerned about
35 evidence on Mr. Harms’ hands or fingernails, that we would need to secure or collect
36 in the course of our duties.
Okay so we know you seized clothes, asked for photo's to be taken, DNA to be taken...where is it all?why was it never turned over to the crown, why are you destroying things and WHY was it never introduced in court And the crown tells the judge she has none of it?
37
38 With talking to our forensic identification section member he advised me to get a
39 sterile pair of nail cutters and to obtain clippings of his nails at that point or after that.
40
41 Q What did you do after receiving that advice?
51
1 A I -- I contacted Constable McDonald and asked that he attend the local drugstore to
2 purchase a new pair of nail clippers, and I explained to him what we were going to
3 attempt to do with the nail clippers.
Ironic that Constable Parker states you in fact told him to obtain the nail clippers. Constable MC Donald testified he just came on shift, had not even changed yet into his uniform and even goes on to say that once he did change, he stayed at the station and let you and my accuser in.
4
5 Q Where were you when you had that conversation with Constable McDonald?
6 A I believe I was still at the residence.
7
8 Q Do you know where Constable Folk, and the accused as well, do you know where they
9 were at the time you were having that conversation with Constable McDonald?
10 A They may have been parked outside in the truck for a period, but I do recall that
11 Constable Folk took Mr. Harms back to the detachment.
Like I said in the before comment.
12
13 Q Continue on with what happened after you -- after you, I guess, gave the advice to
14 Constable McDonald to go get the nail clippers?
15 A I went back to the detachment and I met with Sam and Angel Roberts, and I
16 conducted an interview with Sam Roberts first, and she advised me -- sorry.
Sam and Angel went with you to the detachment, you didn't meet with them there and Constable Mc Donald let them in according to his testimony. According to constable Parkers testimony "he was advised of what was alleged and instructed to Parker to first photograph the scene , seize the clothing and then pick up a pair of nail clippers on his way back to the detachment.
17
18 Q I won’t have you go into what she might have advised you.
19 A Okay.
20
21 Q It’s part of her statement. Did you do anything as a result of getting information
22 from Sam Roberts?
23 A I obtained a statement from Sam Roberts at the detachment.
24
25 Q And then what happened after that?
26 A After Sam Roberts’ statement, I took the statement from Angel Roberts.
It is Canadian law that a parent must be with a child during police questioning or at least a lawyer. Additionally if this were to ever have happened to my accuser, why on earth would she not want her mother with her? she would willingly go alone with an unknown male and privately be questioned? Dozios follows no laws or constitutional rights and for such a seasoned vet of 13 to 14.5 years (depending on your math I guess) seems to make things up as he goes along. I do refer you to Angels statement though ( It can be found under a different blog called "my accusers statement") This person showed absolutely no fear, timidness or anything. In fact she had quite a lot to say and it came out very fluid as is it was storey telling time. Yet even months later can recall, can't recall. then can and then can't again or the story just changes multiple times.
27
28 Q And what happened after you took that statement?
29 A I don’t recall.
Really, "you don't recall"? how about going over her statement and say "hey wait a minute, it didn't rain today"!, how about thinking about all her other past false allegations dealt with at YOUR precinct unless something else was at play here. How about when you arrested her mother for spouse abuse against myself after Angel accused her mother and Uncle "of attempting to kill me and that was even proven to be false. How about pondering her other false rape claim months earlier against her childhood friend, later to admit to Constable MC Donald to the claim being false.
31 Q Do you know if there were any other investigative techniques used other than to
32 collect the fingernail clippings?
33 A I know that Constable Folk attempted to obtain a caution warned statement from
34 Mr. Harms, but I don’t recall when exactly that was.
"You don't recall"? Folk testified that you ordered him to "conduct a cautioned statement interview"
36 Q Okay.
37 A I did monitor that statement, though, or a portion thereof.
I thought you just said " but i don't recall when exactly that was" Now you admit "to monitoring it", how could you not know?
39 Q The technique of clipping fingernails from an accused, was that something that you
40 had experience with before this occasion?
41 A No, it was not.
Unreal! even as a corporal He has never dealt with forensic evidence. Seems to me to be a way to disregard the findings.
52
1
2 Q And did you have any information on any requirements in order for that to happen, in
3 order for the nail clippings to happen?
4 A I was concerned from the onset of taking nail clippings from Mr. Harms without a
5 warrant. I was concerned that it would be -- or could be problematic if we did that.
But you went ahead and did it anyways. Once again writing the rules as you go. Why was the results of that evidence never read in court, even ignored all those years?
6 But based on the information that I had at the time, was that the matter was exigent.
7 Mr. Harms is a wide shouldered person. He was in handcuffs. He’s complained of
8 aback injury. In order to obtain a warrant to collect his fingernails, it was reasonable
9 to leave him handcuffed behind the back so that he won’t have access to washing or
10 destroying evidence. And it was my decision to obtain the fingernail clippings
11 without judicial authorization to do so.
Regardless of my back injury that medically proves I couldn't have done the act I was accused of that day. If fact you can view the medical report dated that very day hours earlier! on another blog called "medical file" Once again he admits to me being cuffed behind my back, yet Constable MC Donald says I was cuffed in the front. Little bit of sarcasm here, say what ever did happen to my full back harness you removed off my person that day?
12
13 Q How did you come to know of the complaint of a back injury by Mr. Harms?
14 A I don’t know the specifics of that.
" I don't know the specifics of that" How about you removed it? You just said you knew of it but you don't know how?
15
16 Q What was your understanding -- and I’ll say -- if I can phrase this correctly -- you’ve
17 talked about Mr. Harms being in handcuffs and that was a concern to you in terms of
18 clipping his fingernails; is that correct?
19 A Yes.
20
21 Q What was your understanding of the reason he would be in handcuffs for this period of
22 time or for, I guess, for keeping him in handcuffs until the clippings could be made?
23 A To secure evidence.
Once again, a law unto himself. He knows its illegal in so many ways and he knows I am in extreme pain but still he justifies it.
24
25 Q Did you give any information to your officers, to the constables about keeping
26 Mr. Harms in handcuffs?
27 A There was a discussion. Specifics of that discussion I can’t recall. But all the --
28 well, Constable McDonald and Constable Parker were made aware that he needed to
29 have his hands secured behind his back to prevent him from washing his hands.
" There was a discussion. the specifics of that I can't recall" Such selective memory. But yet remembers to telling his subordinates to break my constitutional rights as well.
30
31 Q Other than the interaction you had with Mr. Harms in the basement of the residence,
32 did you have any other direct interaction with him?
33 A No.
"NO"? How about all the interactions you just described? How about your admittance that you stopped the interview ( say what ever did happen to that tape?)How about when you represented the crown for my bail hearing where you lied and said "Not only did he admit to it all, but he even admitted to a decades old murder and he had a real gun", thus being successful in blocking my bail. How about all the visits to the cell? How about 4 days later when you seen me off to the sheriff for transfer and told him I was a sex offender, subsequently I got a good beating? Ring any bells?
34
35 Q And what was the -- I guess your own manner or behaviour when you were interacting
36 with Mr. Harms?
37 A I’m sorry. I missed that.
38
39 Q How were you behaving when you were interacting with Mr. Harms?
40 A How was I behaving?
Simple question dirt bag, why you stammering, just answer the fucking question.
41
53
1 Q Yes.
2 A Professionally.
" Professionally" Like knowingly violating my civil and constitutional rights? Like ordering your subordinates to do the same as you admit to under oath ?
34 Q And in terms of tone of voice and manner of speaking, how were you conducting
5 yourself with Mr. Harms?
6 A In a professional fashion.
7
8 Q You had occasion to observe Constable Folk with Mr. Harms as well. You’ve
9 indicated that. How did you observe Constable Folk to be behaving with Mr. Harms?
10 A Professional.
Yup, everybody professional.....what do you think?
11
12 Q Did Mr. Harms at any time make any requests of you?
13 A I don’t recall, no.
" I don't recall, no"
14
15 Q And other than what you’ve already talked about, which is that you said words of
16 arrest to Mr. Harms, did you say anything else to him?
17 A Not that I can recall, no
" Not that I can recall, No" Exactly what can you recall?
18
19 Q Beyond giving instructions to Constable -- or to the other constables about what to do
20 with the fingernails, et cetera, did you have any other -- and I’m not saying verbal
21 contact with Constable Harms [sic], but were you present around Constable Harms
22 [sic] for any other -- or any other time?
23 A You mean Mr. Harms?
When did I become a constable? I'm glad everyone is paying attention and taking this serious.
24
25 Q Yes.
26 A Upon observing the warned statement between Mr. Harms and Constable Folk, it was
27 evident that the situation in the interview room was getting out of hand, and I recall
28 going to the cell block area to assist Constable Folk should there be a violent
29 interaction within the room. And I waited outside the interview room door, but I
30 don’t recall ever having any conversation at that time with Mr. Harms.
I thought you just said earlier that you had no more dealings with me?
31
32 Q How was Mr. Harms acting at that point where you were worried that things are
33 getting out of hand?
34 A He was slamming his fist on the desk. He was standing up, sitting down. I was
35 very concerned that there was going to be an altercation in the interview room.
For the love of god, WHERE IS THAT TAPE!
36
37 MS.JOYCE: Those are all the questions that I have to ask
38 you. Please answer the questions of my friend.
39
40 A Yes.
41
54
1 THE COURT: Ms. Hayes, I’m just wondering, with regard to
2 the time, how long you expect to be in cross. Do you think you’re going to go past 1
3 o’clock?
4
5 MS. HAYES: I don’t know.
6
7 THE COURT: Okay. I’m going to suggest we take the lunch
8 break.
9
10 MS.HAYES: Sure.
11
12 THECOURT: Outof the -- if only for the benefit of madam
13 clerk and the court reporter. Is 2 o’clock all right, or would you want to come back
14 a tiny bit early? How are we doing with respect to the evidence in the voir dire?
15
16 MS.JOYCE: Idon’t mind coming back a little earlier than
17 that, sir, but I’ll leave it to your convenience.
18
19 MS.HAYES: I don’t mind -- I don’t mind coming back
20 earlier if everyone wants to. I anticipate the subsequent two witnesses will be
21 briefer.
22
23 MS.JOYCE: Yes.
24
25 MS.HAYES: Butcertainly if we want to make sure we stay
26 on time, I’m certainly happy to come back early, sir. I’m in the Court’s hands.
27
28 THECOURT: I want to make sure we don’t run into a
29 situation where we’re unduly inconveniencing the jury tomorrow morning.
30
31 MS.JOYCE: Yes.
32
33 THECOURT: Well, let’s gain a little bit of time. Let’s come
34 back at quarter to.
35
36 MS.HAYES: Okay.
37
38 MS.JOYCE: Yes,sir.
39
40 THECOURT: Isthat all right?
41
55
1 Madam clerk, is that all right?
2
3 THE COURT CLERK: Yes.
4
5 THE COURT: Okay. So 1:45. We’ll be adjourned until
6 that time. Thank you.
7
8 A Thank you, Your Honour.
9
10 THE COURT: Constable -- Corporal, I apologize. Obviously
11 please don’t speak with anyone about your evidence.
12
13 A Of course not.
14
15 THECOURT: Thankyou.
16
17 THE COURT CLERK: Order in court.
18
19 (ADJOURNMENT)
20
21
22 PROCEEDINGS ADJOURNED UNTIL 1:45 P.M., October 7, 2013
1 Proceedings taken in the Court of Queen’s Bench of Alberta, Law Courts, Edmonton,
2 Alberta.
3
4 October 7, 2013 Afternoon Session
5
6 The Honourable Court of Queen’s Bench
7 Mr. Justice P.B. Michalyshyn of Alberta
8
9 S. Joyce Forthe Crown
10 T.Hayes Forthe Accused
11 C.Duggan CourtClerk
12 M. Michaud, CSR(A) Court Reporter
13
14
15 THE COURT CLERK: Order in court.
16
17 THECOURT: Thank you very much. Please be seated. Go
18 ahead.
19
20 THE COURT CLERK: Do you acknowledge you are still under oath?
21
22 A I do, thanks.
What does "oath "mean to this guy?
23
24 THECOURT: Thankyou, madam clerk.
25
26 Ms. Hayes Cross-examines the Witness (Voir Dire)
27
28 Q MS. HAYES: When you were requested by Constable Folk to attend at the
29 residence, it certainly wasn’t like an emergency call; correct? It wasn’t like an officer
30 in distress type call?
31 A No.
Ohh! so when an officer makes a call for backup,its not like it is an emergency or anything. Seems to me that over lunch there was some discussion.
3233 Q In your mind what did you think your role was going to be upon arrival?
34 A I wasn’t sure.
Let me try to help, an alledged sexual assault 911 call, officer requests back up because of a gun waving allegedly drunk perp. But "you weren't sure"
3536 Q Did you have knowledge that he had a suspect in custody?
37 A No.
38
39 Q So you were essentially walking in blind into the residence?
40 A Yes.
And you don't even draw your weapon, what academy did you attend?
41
58
1 Q So when you went in and were directed downstairs, I know you’ve indicated you were
2 acting in a professional manner, so certainly upon seeing two people talking I suspect
3 you just hung back a little?
4 A No. When I went downstairs, I was within a few feet. I walked right up to where
5 they were.
Walked right up but can't recall what was being said,accept an admission of fault by myself? I see.
6
7 Q I apologize. That’s probably awkward on my part in terms of questioning. I guess I
8 meant you didn’t go and immediately insert yourself into their conversation?
9 A No.
I thought he just said "he walked right up"?
10
11 Q You let them continue their dialogue that they had going on back and forth?
12 A Yes.
13
14 Q And your evidence today is that you simply don’t remember what they were talking
15 about?
16 A That’s correct.
" Walked right up and listened attentively but doesn't remember what was said"
17
18 Q Would it be safe to say that they were talking about something related to the
19 investigation?
20 A Yes.
Is this guy nuts or what?
21
22 Q Or did you -- okay.
23 A Yes.
24
25 Q So would it be fair to say you don’t remember specifics, but it was clear to you upon
26 arrival that they were talking about this incident?
27 A Yes.
28
29 Q And it was a back and forth, both of them were stating things, asking questions. It
30 was an exchange between two parties?
31 A It was.
32
33 Q When you referred to hearing the admission made about the clothing being removed,
34 was that something you elicited or something that was said in between the two of them
35 that you overheard?
36 A That’s what I overheard.
37
38 Q At that point is when you chose to insert yourself into the investigation?
39 A Yes.
40
41 Q That’s fair?
59
1 A Yes.
2
3 Q So the best we can say is they’re clearly having a discussion about the investigation,
4 that disclosure is made, and then at that point you arrest him?
5 A Yes.
6
7 Q Now, when they are having the discussion on the couch, certainly no one’s in a good
8 mood; that would be fair to say?
9 A That’s correct.
10
11 Q But at the same time there’s no physical contact between the parties?
12 A No, there’s not.
Sounds to me from his testimony that this wasn't just a hey get up you're under arrest like he suggested earlier and like Folk testified too.
1314 Q There’s not a sense that either on the part of Mr. Harms or on the part of the officer
15 that either one of them is about to lunge at another or anything like that?
16 A My senses were heightened in the basement as a result of being summoned to the
17 residence by Constable Folk in the fashion that he summoned me. When I got to the
18 basement, his eyes were averting to the corner, so I knew that there was something
19 that he wanted to get my attention about. I couldn’t see. The basement was dimly
20 lit, and Constable Folk’s demeanour was not normal to me.
Shifty eye language again and I thought you said earlier when Folk summoned you it wasn't like an emergency or officer in distress, now your senses are heightened because of his call and you never even drew your weapon in the dimly lit basement?
2122 Mr. Harms was agitated, and maybe nothing specifically said at the moment that
23 would indicate that a violent interaction was going to take place, but I was very
24 focused on my being in the basement and to assist Constable Folk with Mr. Harms.
Yet not so focused that you just walked in after a gun call not drawing your weapon and securing the suspect, or being in the room with an alleged unsecured weapon.
25
26 Q And I guess the fair way to say it, you’re alive to the possibility that something could
27 happen, but at present there was no immediate need to intervene. Is that a fair way
28 of describing it?
29 A Yes.
30
31 Q Is there a reason that you did not personally charter and caution Mr. Harms upon
32 arresting him?
33 A Constable Folk entered into the investigation at the residence and was dealing with
34 Mr. Harms. My role was to assist Constable Folk in a backup scenario, and
35 Constable Folk, who was on duty that night, and the first arriving on the scene, and
36 myself being called back for an overtime shift, it wouldn’t necessarily be normal for
37 me, as a supervisor, to take over the arrest charter and caution. That’s not saying it
38 can’t be done.
Clearly, didn't you say earlier that you arrested me? Besides you write the rules as you go along.
39
40 Q Now, one of the things that you had mentioned was a concern for Mr. Harms in light
41 of the fact that while he was at the station he was going to be handcuffed while he
60
1 was awaiting the further investigation, I guess, the forensic investigation. Is that
2 correct?
3 A Yes.
4
5 Q And one of the reasons is because -- and I’m going to put this to you -- that he was in
6 excruciating pain while he was cuffed given his size?
7 A He was in pain, yeah.
I thought you said you had no specific knowledge of that?
8
9 Q If I suggested to you that in your notes you used the term "excruciating pain", would
10 that assist you at all?
11 A It would.
12
13 Q So you would agree with me that at the time of the events, in your view, this situation
14 was such that Mr. Harms was in an incredible amount of pain which is why you
15 wanted to expedite the process as much as possible?
16 A Yes.
17
18 Q And to your knowledge, this stemmed from not only the fact that he was a large man
19 in handcuffs, but because he had a back injury?
20 A Yes, that’s correct.
Apparently he is now aware of it as she offers him a way out.
22 Q Now, in terms of Mr. Folk and Mr. Harms remaining at the scene of the investigation,
23 once he was chartered and cautioned outside at the car, was there any attempt either
24 by way of a cell phone or perhaps letting him use a house phone or anything of that
25 nature to allow him to speak to a lawyer in that regard?
26 A No. Mr. Harms was not afforded the opportunity to immediately contact counsel
27 because his hands were secured behind his back. So at the residence, nor
28 immediately upon return, until the fingernail clippings were taken he wasn’t provided
29 that opportunity.
So damd the constitution right
30
31 Q But you would agree with me that when he was initially in the car, that wasn’t
32 something that was known to you yet. That was something -- in terms of the
33 possibility of DNA evidence on his hands, that wasn’t something that was immediately
34 known?
35 A After Mr. Harms was escorted to the police truck by Constable Folk, I immediately
36 went upstairs from the basement and I spoke to Angel Roberts and Sam Roberts, and
37 it was at that time that I was made aware of the digital penetration on the victim.
38
39 Q So this was something that you advised Constable Folk of at the scene?
40 A Yes.
Wait a minute, I thought he said to caution myself for sexual assault at the scene and that is it . Folk then transported me.?
41
61
1 Q So before he left with Mr. Harms in the vehicle this is knowledge he was equipped
2 with?
3 A Yes, I believe so. I’m not exactly aware when the truck actually departed because I
4 was involved with speaking with the Roberts, as well as examining the bedroom,
5 talking with the other officer, Constable Parker, at the location, so I wasn’t aware of
6 the fact or when the truck actually departed.
7
8 Q But certainly at the last time, on your evidence, the last time that you were at the
9 vehicle speaking to Constable Folk you advised him of the need to keep him
10 handcuffed this entire time?
11 A I don’t recall exactly what time that I spoke to him about that.
Really! That's it and he gets away with it?
12
13 Q So it may be something that you phoned into him later?
14 A It could have been over the radio. It could have been by the phone.
Come on man, you are all of their boss,which is it and how do you forget this?
15
16 Q Now, you made mention of Constable Parker attending with a camera. Were any
17 photos taken?
18 A I believe there was.
19
20 Q Were these disclosed to the Crown?
21 A I’m not aware of the disclosure to the Crown.
You are the boss of the detachment and you don't know where are the photos, clothing, fingerprints,DNA results are or whether they were given to the crown? Little more sarcasm. Maybe they should promote him to sandwich guy.
2223 MS.HAYES: Thank you very much, Mr. -- oh, I’m going to
24 say it wrong.
Oh please God, don't get his name wrong....baffling.!
25
26 A Dozois.
27
28 MS.HAYES: --Dozois. Thank you very much, Corporal.
29
30 A Thank you.
31
32 MS.JOYCE: Nothingarising. Thank you, My Lord.
33
34 THECOURT: Thankyou very much, Corporal.
With regards to my legal defense, and whether I'm happy with the level of service provided? Would you be?
Needless to say, there are a lot of things I could say about what occurred that day and what didn't.
More to come
Tortured
Tortured
Tortured
