This is a recent letter I sent to some lawyers, no longer willing to recount and relive the horror. I figured I'd take the time and write it out for all to see.
These are a few of the facts that we discussed previously on the phone, I'll put it in writing as it maybe easier to reflect on. Generally because it is in fact in writing.He even made sure to remind me to" not to forget to tell her to include my wallet and bank card so I can get a motel" I fell for it being under duress, they took me from my cell to the phone and stood there listening in under the guise that they needed to know to go pick up said bag and so that we didn't discuss the matter at hand. Shortly thereafter I went before the J.P and was denied bail because Dozios , who represented the crown told the J.P Falsely that not only did I admit to it all but that I also confessed to a murder from a decade past to him while in his custody!
Naturally, I was viewed as deranged and denied bail but was also given a no contact order with my spouse because she was my accuser's mother. Hours later I was then charged with the breach of conditions, in nothing less than an attempt to block further bail attempts at both the provincial and court of queen's bench.
On December 05,2011 I had a trial for said breach ( even before being tried for the principal charges) and was found guilty, sentenced to 1 day time served. This despite my calls for video footage in the prisoner area that would show they escorted me to the phone after a lengthy discussion in my cell, and actually stood there the entire conversation. Also this would show the time line.
Apparently , Absolutely no video footage from any security cameras or any taped interviews exists to this day in any fashion related to me being in their police detachment. Although, I have an abundance of paperwork, court testimony that interviews had taken place and as well as copies of logs from the jail keeper, finally I know that even my cell had a camera, as did all the hallways.
They processed this DNA first as they thought it would produce their most viable evidence due to the fact that she stated " he was sucking on my breasts for a long time", later in testimony changed that to include the center , basically her entire chest. The results were read in a court of queen's bench I quote the defense attorney "The results are back, not only clearing him but in fact nobody sucked on her breasts" The crown simply stated that they had "volumes of DNA evidence and that this report didn't dismiss the claim.
I do believe it was on that date that the presiding judge then ordered the crown to produce the rest of the DNA results within a specific time after the crown said "there was kind of a screw up, The rest of the DNA evidence somehow was misplaced at the RCMP detachment, was later to have been found "hiding " behind some other evidence not related to this case" thus it wasn't sent in for analysis. In January 2012 that and all DNA evidence came back clearing myself and I have the reports on my blog.
Later before trial, I was told that they never "actually submitted the DNA for analysis as they didn't think they would or could retrieve a viable sample, so the RCMP lab refused to process it." This was told to me by my defence attorney. Like I said, I have the report.
When that all failed on them they then came to my lawyer and stated before a bail hearing that " I'd advise not going forward with the hearing as the RCMP have been contacted by his cellmate and he says that your client intends to murder his accuser upon any release!" I immediately told my attorney to get their witness up on the stand, another 30 days in remand and then back in front of a judge to which the defense attorney says " what about this witness regarding the threats?" and the crown states " yes that was investigated and it turns out to be nothing, moving on" as if it was nothing but I believe the implication to have done its damage, everyone erring on the side of caution.
Incidentally, my cellmate at the time was Thomas Barubee, the same guy the RCMP used to be a jailhouse snitch and falsify things against Travis Vader.
finally, on December 21, 2011 I was granted 5'000.00 no cash bail by madam justice Viet in the court of queen's bench. Not to be dismayed, with no holds or warrants the Edmonton Remand Center or (ERC) refused to Honor that judge's ruling and continued to hold me illegally in detention for an additional 36 days where upon my release a medical was done on myself and infections , bruising noted , weight taken and digitally dated photo's were taken of my body and physical appearance. One of such photo's dated can be seen on my blog.
Look at it and you can evidently see the wear and tear , stress of what I endured, sleep deprivation as a result of special treatment I received where they housed myself for the last few months in a cell alone on 2d. Incidentally, I have two pieces of paper related to my handling and why I missed court. One states that I did not attend court because " the inmate refused" and another states that "the inmate did not attend because...too heavily sedated". Two things about this Barry, one is an inmate doesn't get to refuse to go to court. Black eye or not, you're going and the guards will get you there.
Two, I accused them at ERC of drugging me and I have the court transcripts to prove it. "they are giving me needles and I'm losing up to a week at a time", this too was dismissed by the judge. My defence attorney then got my medical file from ERC health unit and took those that were prescribing the meds to court. A Dr, w? ( can no longer remember his name) and Dr Batia, ironically they lawyered up, and after that I was never made aware of what transpired.
On May 4th ,2012 ( I believe?) my trial was turned into a preliminary inquiry and Tim Stonhouse was taken off the record and Danielle Boisvert was put on the record after my 6 month bid with legal aid to fire Stonhouse for not adequately defending me properly. (an issue in itself as after the conclusion of my preliminary inquiry I have an email from Danielle responding to my question of why this was proceeding to trial. In it she states among other things " If you want to know why, its because the crown James Mc Mahon says his former defense attorney Tim Stonhouse said his client admitted guilt and was merely awaiting the results of the DNA before sentencing" she then suggested in additional emails that I take it to the law society and complain as defense counsel cannot conspire with the crown, in itself is unethical.
I did so, but was ironically given the very same investigator that I had to deal with in my original complaint against Stonhouse and this individual ( I have correspondence) steadfastly defended Stonhouse and did so in this case as well. He states " in order for this complaint to proceed, Stonhouse has the right to review your file from your attorney!
After learning what this individual was doing behind my back and conspiring with the crown I said" absolutely not, how could this be ? I'm accusing him of conspiring to convict and he hasn't been my attorney for over a year now, I don't want him reviewing my file and then going to the crown again" I was told by the investigator that the only way to avoid that was to drop the complaint and I had no other choice and did so in writing to prevent him doing anymore damage to my case. Additionally, Stonhouse was proceeding right to trial without my permission and he right up until what would have been my trial never even took a statement from myself, discussed anything pertaining as to how he would defend me.
He also was lying to the legal aid and law society that all was right between us, that he was steadfastly working on my behalf. Meanwhile he had no less then 4 other attorneys represent himself asking all the while to be taken off the record as he was wrapping up his practise and retiring. ( matter of court record to which I have the transcripts and they are also on my blog) Having taken an extended vacation before my trial, he goes as far as to say " I first found out there was a problem between us with a week left on vacation, while on the ferry. I was shocked and was prepared to proceed with trial today , had no idea my client was unhappy" meanwhile he had other lawyers attempting to remove himself from record and there was a 6 month bid with legal aid....he was more then aware of the breakdown in relationship.
In general he is a very crooked bastard and I have had it investigated and after he got removed from my file and appears to have retired, he is now practising again! where it isn't a crime to come out of retirement, given all that has happened, one would question why exactly ? It has also been suggested to me that he had a certain falling out with M.A associates over double billing legal aid, additionally it has been suggested to myself that there are certain reasons why he stopped being a Justice of the peace and when he represented myself he was on his own, yet he was still using M.A associates business cards. The man is a fraud. Anyways, on May 4,2012 Danielle was given a 30 day remand so she could get caught up to speed on my file.
I did so, but was ironically given the very same investigator that I had to deal with in my original complaint against Stonhouse and this individual ( I have correspondence) steadfastly defended Stonhouse and did so in this case as well. He states " in order for this complaint to proceed, Stonhouse has the right to review your file from your attorney!
After learning what this individual was doing behind my back and conspiring with the crown I said" absolutely not, how could this be ? I'm accusing him of conspiring to convict and he hasn't been my attorney for over a year now, I don't want him reviewing my file and then going to the crown again" I was told by the investigator that the only way to avoid that was to drop the complaint and I had no other choice and did so in writing to prevent him doing anymore damage to my case. Additionally, Stonhouse was proceeding right to trial without my permission and he right up until what would have been my trial never even took a statement from myself, discussed anything pertaining as to how he would defend me.
He also was lying to the legal aid and law society that all was right between us, that he was steadfastly working on my behalf. Meanwhile he had no less then 4 other attorneys represent himself asking all the while to be taken off the record as he was wrapping up his practise and retiring. ( matter of court record to which I have the transcripts and they are also on my blog) Having taken an extended vacation before my trial, he goes as far as to say " I first found out there was a problem between us with a week left on vacation, while on the ferry. I was shocked and was prepared to proceed with trial today , had no idea my client was unhappy" meanwhile he had other lawyers attempting to remove himself from record and there was a 6 month bid with legal aid....he was more then aware of the breakdown in relationship.
In general he is a very crooked bastard and I have had it investigated and after he got removed from my file and appears to have retired, he is now practising again! where it isn't a crime to come out of retirement, given all that has happened, one would question why exactly ? It has also been suggested to me that he had a certain falling out with M.A associates over double billing legal aid, additionally it has been suggested to myself that there are certain reasons why he stopped being a Justice of the peace and when he represented myself he was on his own, yet he was still using M.A associates business cards. The man is a fraud. Anyways, on May 4,2012 Danielle was given a 30 day remand so she could get caught up to speed on my file.
On June ,4 ,2012 my preliminary hearing began in provincial court in the town of Athabasca Alberta, under Judge Myers. After James Mc Mahon (representing the crown) had finished his examination in chief of my accuser, they then decided to remand my case for three days. It was to be continued in a provincial court room in the city of St Albert Alberta ( some 133 kilometres away). At the time I had a condition on my bail that I had to turn myself in 3 days in advance before any major court appearance. So because of the delay , having already been in jail for three days I had to return for an additional 3 days.
While at remand I had called my accusers godmother who is also friends with myself ( who is also the mother incidentally of the boy my accuser had also falsely accused her son of rape and I had been the one to take her to the RCMP, they interrogated her and she admitted it all a lie.
Also ironically, it was some of these same officers that are involved in my case that were involved in that one as well.
We did not part on friendly terms because they still wanted to charge him even after her admitting that "we had consumed alcohol after the adults went to bed for the night, decided to have agreed sex, he didn't rape me" She was nearly 14 at the time and he just turned 14, I forbade them to charge him and stated that if they did I would in fact testify on the boy's behalf as I heard her admit it a lie, they made stupid and foolish mistakes, attempting to act like adults, well in my opinion they could then live by adult consequences for their actions.
I left reiterating that I was not going to let them label that boy a sex offender for life). I dealt with it myself by having a talk with each of them.
While at remand I had called my accusers godmother who is also friends with myself ( who is also the mother incidentally of the boy my accuser had also falsely accused her son of rape and I had been the one to take her to the RCMP, they interrogated her and she admitted it all a lie.
Also ironically, it was some of these same officers that are involved in my case that were involved in that one as well.
We did not part on friendly terms because they still wanted to charge him even after her admitting that "we had consumed alcohol after the adults went to bed for the night, decided to have agreed sex, he didn't rape me" She was nearly 14 at the time and he just turned 14, I forbade them to charge him and stated that if they did I would in fact testify on the boy's behalf as I heard her admit it a lie, they made stupid and foolish mistakes, attempting to act like adults, well in my opinion they could then live by adult consequences for their actions.
I left reiterating that I was not going to let them label that boy a sex offender for life). I dealt with it myself by having a talk with each of them.
Back to the phone call with Bev Maure. She told to me this. "Angel's mom called me and told me the RCMP are looking for Angel because she called in to the Edmonton police and told them her name and that she was the lead witness in a child molestation case against Joseph Harms, that she was due to be in court the day after the next and would not be able to attend as she had prior engagements".
They asked her to stay on the line while her call was being re directed to the RCMP detachment in Athabasca. When they came on the line she was gone. She then went on to tell me about how the police know that in fact that she had gone out to party, despite her mother advising her that she needed to be in court and as a 15 year old at the time left and went nearly 500 kilometers away from home and partied with adults, one of whom was her new 28 year old boyfriend, and she told her mother straight out that she wasn't going to attend court....and she confirms all of this under oath at the pretrial conclusion months later. I Told Bev Maure to contact my attorney Danielle Boisvert and she did and reiterated the entire detailed story to her.
They asked her to stay on the line while her call was being re directed to the RCMP detachment in Athabasca. When they came on the line she was gone. She then went on to tell me about how the police know that in fact that she had gone out to party, despite her mother advising her that she needed to be in court and as a 15 year old at the time left and went nearly 500 kilometers away from home and partied with adults, one of whom was her new 28 year old boyfriend, and she told her mother straight out that she wasn't going to attend court....and she confirms all of this under oath at the pretrial conclusion months later. I Told Bev Maure to contact my attorney Danielle Boisvert and she did and reiterated the entire detailed story to her.
June 7,2012 ( I believe) Court in St Albert, again under Judge Myers. We were told that she wouldn't show up and true to form she did not! The crown acknowledges that she called police to report in as we were told but then plays it off to the judge that "she had a prior mental health appointment (due to what I allegedly had done to her) that they were unaware of. The judge asked if she could be located and the RCMP readily said "oh yes, and we will have her for court on Monday" There was a location warrant issued and the case was put off until Monday back in Athabasca. The crown attempted to have me put back in remand and the judge disagreed , because of all that's gone on I am releasing him and he doesn't have to be at the next court case.
Over that weekend she was located and arrested, her mother bailed her out. Samantha her mother then told the crown where she had been, as she did several days prior in court. The crown then lies to yet another judge on that Monday that "we have no idea why the mother is upset , how were we to know where she was?" My lawyer had sent a student lawyer in her stead ( one can only guess why, as a serious ball was dropped there) and then they all decided to put the remainder of the case over for little over 7 more months ! And the remainder would be housed in the town of Boyle Alberta!
Over that weekend she was located and arrested, her mother bailed her out. Samantha her mother then told the crown where she had been, as she did several days prior in court. The crown then lies to yet another judge on that Monday that "we have no idea why the mother is upset , how were we to know where she was?" My lawyer had sent a student lawyer in her stead ( one can only guess why, as a serious ball was dropped there) and then they all decided to put the remainder of the case over for little over 7 more months ! And the remainder would be housed in the town of Boyle Alberta!
December 5,2012 the preliminary hearing continued in The town Of Boyle Alberta again under Judge Myers. Despite my requests for the tapes of her calling in, and even the crown acknowledges she did, they claimed they could not be located. However under cross examination she admits to not being at court, instead opting out to party, do drugs.
Yet she claims that she made no such phone call to anyone because none of them had a cell phone or access to a phone whatsoever . Unbelievably, the judge put the matter over for a pretrial conference to set trial!
Yet she claims that she made no such phone call to anyone because none of them had a cell phone or access to a phone whatsoever . Unbelievably, the judge put the matter over for a pretrial conference to set trial!
So here are the facts. My trial was turned into a preliminary inquiry, It was entertained in 3 separate venues and was conducted by 2 separate crowns (1 for each half) and the defence never got to cross examine the crowns main witness, only witness called for nearly 8 months! she opts out to go "party" lies that she never called in and they cover her ass. Jumping a little ahead here, they even brought in an additional "special prosecutor "for my trial.
I was told where I would live throughout all of this time (kind of like adult group homes with supervision within the community of Edmonton, far away from my community support system and in fact I also had a clause "not to enter into the borders of the county of Athabasca" and I had to remain under 24 hour house arrest unless I was to attend court or my weekly bail supervisor where I had to have "prior written permission to attend , usually via fax and I had to take a direct route of travel, making no unauthorized stops anywhere and I had a time limit of less then one hour each way on foot" once during the bitter cold I had taken the indoor PEDway system and used the bathroom, I was told to take a direct route and was given a map, not to use the pedway system , no bathroom breaks, failure to comply would mean a breach charge"
It was also told to me that I'm an adult, should dress appropriately for the frigid winter conditions and use the bathroom before I left. Yet I had barely any clothes as they were all still at my home in Athabasca. Finally, I was charged an exuberant amount of rent where I had to stay, being that I could not work some government workers had gotten me on welfare so that I could pay rent. Failure to pay said rent or do as they asked ," I would then have to return to the Edmonton Remand Center immediately."
(incidentally, my accusers mother had paid my first and last months rent at the first place so that I could get out of jail, later on she also bought myself a new hockey bag , all new clothes and sent cash , smokes and my favorite snacks. She also bought me all new toiletries, a pillow and blanket ( does this sound like someone who thinks I did something like that to her daughter?) these were brought to me via our pastor Trevor Yeoman.
It was also told to me that I'm an adult, should dress appropriately for the frigid winter conditions and use the bathroom before I left. Yet I had barely any clothes as they were all still at my home in Athabasca. Finally, I was charged an exuberant amount of rent where I had to stay, being that I could not work some government workers had gotten me on welfare so that I could pay rent. Failure to pay said rent or do as they asked ," I would then have to return to the Edmonton Remand Center immediately."
(incidentally, my accusers mother had paid my first and last months rent at the first place so that I could get out of jail, later on she also bought myself a new hockey bag , all new clothes and sent cash , smokes and my favorite snacks. She also bought me all new toiletries, a pillow and blanket ( does this sound like someone who thinks I did something like that to her daughter?) these were brought to me via our pastor Trevor Yeoman.
Promptly after the conclusion of my preliminary inquiry I and my new girlfriend started to receive very disturbing text messages via an apt called "text em" Some of the texts talked about following me, things I did that day as at this time I had a curfew of 10:30 pm till 5:30 am. I was convinced I was being followed.
They also would threaten to rape my girlfriend or hurt her in other ways. they would also says things in text to her like why are you sleeping with the lights on? scared? and someone would go as far as to come and kick her apartment door, attempt to get in. Finally, they also sent her a text stating her full name, date and province of birth, her daughter's social insurance number and place of birth as well as full Christian name. Not only did I report this to my attorney, but I also called police.
An officer by the name of Scott Knolt responded and we told him everything, showed him the texts and he said that barring taking the phones for forensic investigating, there was really nothing he could do but file a report. Off the record he shared his thoughts that it was indeed someone from the government in order to gain the type of information that they were reiterating.
They also would threaten to rape my girlfriend or hurt her in other ways. they would also says things in text to her like why are you sleeping with the lights on? scared? and someone would go as far as to come and kick her apartment door, attempt to get in. Finally, they also sent her a text stating her full name, date and province of birth, her daughter's social insurance number and place of birth as well as full Christian name. Not only did I report this to my attorney, but I also called police.
An officer by the name of Scott Knolt responded and we told him everything, showed him the texts and he said that barring taking the phones for forensic investigating, there was really nothing he could do but file a report. Off the record he shared his thoughts that it was indeed someone from the government in order to gain the type of information that they were reiterating.
On December 20,2012 I had succumbed to the pressures of having to face a trial, police harassment and the thought or threat that my new girlfriend would be harmed. As told to me by one of my roommates where I had to stay during curfew hours " you came out of your room crying uncontrollably, you went to your bag and pulled out your bottle of pills ate and chewed them all. Shorty there after you fell over and your head went through the drywall, we called the ambulance for you"
The next morning I awoke in the university hospital, angry I was still alive I aimed to finish what I started and asked for a nurse to get my clothes. She asked me " where are you going? ,you are not out of danger yet, in fact you expired 3 times last night and we revived you" I said that I didn't care and I wanted out and I proceeded to remove the two intravenous from myself and I pulled off all the wires that were attached everywhere on me. A doctor came and talked to me, I lied and said I was fine and that I just took too much meds, and I simply left.
The next morning I awoke in the university hospital, angry I was still alive I aimed to finish what I started and asked for a nurse to get my clothes. She asked me " where are you going? ,you are not out of danger yet, in fact you expired 3 times last night and we revived you" I said that I didn't care and I wanted out and I proceeded to remove the two intravenous from myself and I pulled off all the wires that were attached everywhere on me. A doctor came and talked to me, I lied and said I was fine and that I just took too much meds, and I simply left.
I called a government support worker that had befriended me and he picked me up from the hospital, I felt real bad as he was so kind and after all the charcoal they pumped down me I had vomited it all over his vehicle. I was given a 3 days pass for Christmas to stay with my girlfriend for the holidays, during this time it was less then merry and I had constant thoughts of suicide. Knowing that I needed help I went for it and was given a 30 day assessment at the Hospital.I was allowed to have my phone and I called my attorney and asked "why is this going to trial, you assured me that it wouldn't" She responded with " if you want to know the real reason, here it is James Mc Mahon says that they are proceeding to trial because 'his former attorney Tim Stonhouse said that he is guilty and merely awaiting the DNA results before sentencing...and told me to advise her where I land after being released from hospital"
( I and all my friends have this email) My lawyer and my bail supervisor knew where I was at all times and were faxed letters from the doctors. However it was decided that what I had done (attempt suicide ) was inappropriate to do in front of other residence at my court appointed home , it was also deemed that I was destructive to their property when my head went through the dry wall. The end result was that once I was released
( I and all my friends have this email) My lawyer and my bail supervisor knew where I was at all times and were faxed letters from the doctors. However it was decided that what I had done (attempt suicide ) was inappropriate to do in front of other residence at my court appointed home , it was also deemed that I was destructive to their property when my head went through the dry wall. The end result was that once I was released
Upon being released I reported back to the Edmonton remand Center as requested and did so under witness of my girlfriend, government worker and attorney. I had to wait for over six hours as they claimed that there was no room for me as they were over crowded. There was even talk at the time that I may have to go back home with my girlfriend and come back each day until they had room for me (un freaking believable!) but at the last minute they found room for me, I suspect they got a call from the crown.
My bail was then reinstated by consent from the crown and a judge signed off on it but the Edmonton Remand Center once again refused to release me. So it had to go back to court yet again and this time I was in attendance as an inmate where I and another government worker all heard the judge say, "so are we talking about a breach here?" Danielle Boisvert then said " no sir there was definitely no breach here and the crown stood up and not only agreed but said, "what Mr. Harms has done does not constitute a breach and doesn't oppose any release of Mr Harms as he has attended every court case required, including those he is not required to attend, there was no breach" And my lawyer told me " and this should make Mr Harms very happy, He no longer has to turn himself into Remand 3 days before court but will have to transport himself to the town of Boyle on his own and then turn himself into the RCMP at 8:00 am before court. The judge scorned me and said that if he sees me again he will put me in remand until trial
My bail being reinstated I went to yet another court appointed "group home" Someone, screwed up and put me in a home right across the street from a school. I had my curfew, and right at 5:30 am I would leave and not return until 10:30 pm daily. I kept all my clothes, and ate at the place my girlfriend and I shared. While I would be away, police would often come and question my roommates about me, tell them what I was charged with etc. My roommates confronted me and after showing them my DNA report's, other evidence they backed off and would tell me about what goes on when I'm not around. The place was full equipped with cameras in all common areas and constantly remotely monitored. Police would come into my residence and toss my bedroom, destroy video movies I had to go to sleep to, utterly destroying my room, boot marks or footprints on my bedding. Also once I was caught unaware at just after 3 in the morning to a frantic pounding on my door. I asked "hello" they said "EPS open up right now" I did so not thinking and half asleep. They pushed their way in and it was two female officers, yelling at me to produce my drivers licence, demanding to know of my where about that day, what was the name of my bail supervisor and her phone number. I was embarrassed as I was just in underwear. After that, I slept in track pants. There was much of this kind of abuse late at night.
I had complained about this harassment and yet no one listened , nor was anything every done about it despite the proof that I had as it was video recorded and my attorney never got those tapes. she did tell my girlfriend and I that she would be lodging a complaint but failed to follow through.
Finally, on February 28,2013 I believe, two police officers came to my residence shortly after curfew and told me that there was a warrant for my arrest for two counts of breach stemming from my suicide attempt in December. ( Days earlier at my bail supervisors appointment she made me aware of that warrant and said there was nothing she could do about it, even after I told her what the crown and judge said in court. I asked if I should turn myself in and she said "no, let them come and get you as maybe this could be worked out in the meanwhile" I then called Danielle who told me " yes this is bs, I'll contact the crown and see what he can do"
The next day she contacted me and told me "the crown sought out intervention on your behalf but it is a separate crown dealing with the matter and there is nothing he can do, that unfortunate as it is if I am arrested I'll probably remain in custody until trial.)
The two police officers were more then polite and kind, stated they felt bad for me. Without ever cuffing me they allowed me to place my car keys ,phone and wallet in my girlfriend car. They also let me call her and tell her what's up and to come get the car while I had a smoke. That being done I walked to the car myself and they put me in the back uncuffed. We drove to the police department on south side and I was brought in uncuffed, they said they are doing so with me to show that they believe me. After a short time in a cell I was then brought out and taken into the hallway where a man introduced himself as the commander of the precinct and asked me my name, he then said " so mr Harms we will not be seeing you around here on south side again, right?" I said listen man , I didn't do what I'm accused of, look at the DNA reports." He then said " yeah , all you child molesters say the same thing, it would be wise for you to stay away from Southside and good honest hard working people, we aren't going to be In a position where you live across the street from a school and the neighbourhood extracts some kind of justice against you" I'm certain I told him to fuck off and he told them ( the two officers ) to get me the fuck out of there.
We then left the department, I still uncuffed and as we walked to the car in the parking lot they agreed he ( the commander ) is quite an asshole and stated but "but he's the commander" They then drove me to the downtown division after letting me have a final smoke and I was booked. Shortly thereafter I was brought in front of the justice of the peace and I was "strongly advised " to listen to what the crown's position ( the cop) was before making my decision to either proceed or wave my hearing. Their position was "he was arrested without any problem and was very cooperative, we do not oppose bail but only suggest a small monetary sum for bail" Thrilled I asked to proceed and the J.P gave me 300.00 cash bail. I called my lawyer upon release who asked me "how the hell did you get out?" when I told her all she could say was "wow".
I returned to my approved residence and was promptly removed from that house to another house on the North side.
So after regaining my bail and being transferred to an court approved home, i was told at my next bail supervisors meeting that i no longer had to report once every two weeks as they had just too many to supervise and they changed the rules. I now only had to report once every two months and in fact i could go back to work, even if it meant being out of town. Elated i quickly secured gainful employment through a friend in Fort Mc Murray but i was really Leary as i knew this would end once the crown found out as it put me in contention to hire a lawyer that would actually help me and defend me.
After my first two weeks i returned home to find that the place where i was staying at had actually attempted to give away my room to a new tenant but the others stuck up for me and it didn't happen. I realized the trouble i was about to face and while I was out of town i got an email from my attorney stating that she refused to call Dr sighn on my behalf, you see she had to subpoena him, he couldn't just show up. We argued about it, the merits to and against calling him and I felt it was needed. For some reason she just up and quit, I tried to make nice but it was redundant, she wouldn't budge.
Now being without lawyer and a threat once again to my living arrangement, the conditions I was under.
In desperation I once again contacted Joyce Milgaard and she advised that I contact Hersch Wolsch as he was very good and was one of those that represented her son David, my girlfriend and I traveled to Calgary during my curfew hours and we went to see him. He stated that i had a very good case but unfortunately without at least 20'000.00 dollars retainer he was unable to take the case. Dismayed we left but between kyla and I we were going to get the money.
In desperation I once again contacted Joyce Milgaard and she advised that I contact Hersch Wolsch as he was very good and was one of those that represented her son David, my girlfriend and I traveled to Calgary during my curfew hours and we went to see him. He stated that i had a very good case but unfortunately without at least 20'000.00 dollars retainer he was unable to take the case. Dismayed we left but between kyla and I we were going to get the money.
I went in and applied for a high interest loan and was approved, upon me returning from work on the next set of days off all I had to do was sign the papers and with that which i made i had over half and hoped to appeal to his good nature. I went back out to work but Fort Mc Murray got flooded and most none essential or new construction employees were sent home.
After returning I found out that my "approved residence during curfew hours" was dissolving and they were shutting all of their homes down, consolidating to a converted hotel they had purchased. They explained to us that we would no longer have our own rooms, that rent would increase from 550.00 per month to 950.00 and that we would have to come up with those additional funds immediately.
Also they said that there was a 24 hour security team and all common areas were to be video recorded and there was a strict curfew of 10:00 pm which superseded my court appointed curfew. That I would have to pose for pictures for my file and I would have to sign in and out, stating where I was going, doing and when I would be back. Sounding like a prison and yet I was on bail, supposed to be free and deemed innocent until proven guilty I protested. I even secretly had her ( the manager ) on a three way call with one of my government supporters that heard all she said and it wasn't to kind. In short i was told that if i didn't show up that night, extra money in hand for rent that I would be reported missing and that I would be sent back to the Edmonton remand center.
Destroyed, I could no longer hire Hersch ,I called another government supporter who calmed me and then said that she would get involved and ask it to go back in front of the judge because it was needless for me to be going through this, I should be allowed to live with my girlfriend. I relaxed and was going to do what i needed and follow her advise.
After returning I found out that my "approved residence during curfew hours" was dissolving and they were shutting all of their homes down, consolidating to a converted hotel they had purchased. They explained to us that we would no longer have our own rooms, that rent would increase from 550.00 per month to 950.00 and that we would have to come up with those additional funds immediately.
Also they said that there was a 24 hour security team and all common areas were to be video recorded and there was a strict curfew of 10:00 pm which superseded my court appointed curfew. That I would have to pose for pictures for my file and I would have to sign in and out, stating where I was going, doing and when I would be back. Sounding like a prison and yet I was on bail, supposed to be free and deemed innocent until proven guilty I protested. I even secretly had her ( the manager ) on a three way call with one of my government supporters that heard all she said and it wasn't to kind. In short i was told that if i didn't show up that night, extra money in hand for rent that I would be reported missing and that I would be sent back to the Edmonton remand center.
Destroyed, I could no longer hire Hersch ,I called another government supporter who calmed me and then said that she would get involved and ask it to go back in front of the judge because it was needless for me to be going through this, I should be allowed to live with my girlfriend. I relaxed and was going to do what i needed and follow her advise.
Shortly after talking with her I went to use the bathroom and when I came out my spouse was gone, I thought she went to the grocery store down stairs, or out in general. Attempting to blow off some steam I turned up my music quite loud. Shortly after I heard my door being banged and went to the front door, it was buckling and obviously someone was coming through. I put my full weight up against the door and was thrown back each kick.
I yelled "who ever you are , if you breach my door I will bear spray you, as I had a can in my rig bag in the hall closet. They broke the top deadbolt and door knob lock, for fear i sprayed and they stopped. I took the opportunity to grab the love seat and position it to prevent the door from opening. I also unplugged the music. I grabbed my DNA papers thinking it was my accuser's family, they told me to "fuck myself" they also said that "it's a moral issue with you when I asked why they are doing this. I called my girlfriend to warn her not to come home, called a friend and called my current legal aid appointed lawyer and old lawyer to no avail, I also called my government supporters, all to no avail I could only leave messages.
I yelled "who ever you are , if you breach my door I will bear spray you, as I had a can in my rig bag in the hall closet. They broke the top deadbolt and door knob lock, for fear i sprayed and they stopped. I took the opportunity to grab the love seat and position it to prevent the door from opening. I also unplugged the music. I grabbed my DNA papers thinking it was my accuser's family, they told me to "fuck myself" they also said that "it's a moral issue with you when I asked why they are doing this. I called my girlfriend to warn her not to come home, called a friend and called my current legal aid appointed lawyer and old lawyer to no avail, I also called my government supporters, all to no avail I could only leave messages.
I had no peep hole and no windows in or around my doors and i was plainly frightened. They were threatening to kill me and so i called 911, after a short conversation she hung up on me. The voices said "open up, this is EPS! , i said surely your not the cops, why would you be doing this? They told me exactly this " Harms barricade the door because when we come in and believe us we are coming in, we are going to fucking kill you" This assured me that they were not police and i called police again, told them of the threats, she said "surely they aren't threatening you" so i put the phone to the door as they reiterated their threat, she then said hold on and then the voice called out "Harms, if you unbarricade the door we promise not to hurt you" I was extremely upset and confused, frightened and after the last 2 plus years i wasn't functioning right plus the gas was getting to me. So i lied and said that i had a weapon, chambered a round and was going to do myself harm, i was attempting to buy time and figure out what the hell was going on and i was also convinced that if the police ( if they were) had time to cool down.
I attempted more calls, all to no avail. I surrendered after un barricading my door and laid down , hands behind my head, legs crossed with nothing on or near me. As they entered i prayed god to accept my soul as i thought any minute it would be over ( and not the way I had hoped) They were surprisingly gentle, arrested me and brought me down stairs, police,swat, ems, fire department was everywhere and all of this in just about 45 minutes! they posed me in front of a guy holding a video camera ( i'm told it was for their reality show "the squad") but they deny that yet no media outlet has any record of it whatsoever. I was brought in front of the justice of the peace that night and after count 29 of assault i simply couldn't bare it anymore and actually plugged my ears like a child to drown them out, i listened again and they said count 33, I just went numb but i remember requesting my cell, to be away from them.
I spent another near 3 months in the ERC and while i was there they dropped the 2 false breaches for attempting suicide and i was arraigned on only 7 counts of assault, couple breaches and the weird thing is they elected to go summary on them instead of indictable. One would wonder about that and i looked into it. Under summary, there is no choice to go in front of a jury, just judge alone. One of the assaults was against my current spouse of several years now and she has not only written a statement stating that i did not hurt her in anyway but that police have been harassing her as well. She actually fled away from Edmonton to Calgary to get away from constable Gavins. I believe it was sometime in August i was granted 500.00 dollars cash bail ( paid for by my girlfriend and her daughter) and I was allowed to live with a friend under 24 hour house arrest until my trial in October 2013.
The first day of my trial was a "voir dire hearing" in which all for police were ruled not credible and their testimony is pure nonsense. The first day of trial after lunch my accuser admits to lying under oath that very day in front of the jury and in past cases regarding this matter. She went into a rage and then a crying fit, saying she had a confession, started but after she wept in her hands they released her and decided to release the jury and grant me an acquittal.
The judge added this " Joseph Harms, i find that the crown was unable to prove their case beyond doubt, i find you not guilty by way of acquittal. However, this shouldn't be taken as that something didn't happen that day, it just means we cannot determine what did happen" Even in the end I got screwed right over.
The judge added this " Joseph Harms, i find that the crown was unable to prove their case beyond doubt, i find you not guilty by way of acquittal. However, this shouldn't be taken as that something didn't happen that day, it just means we cannot determine what did happen" Even in the end I got screwed right over.
My bail order having been condensed into one general order, I had to return to 24 hour house arrest.
My the legal aid lawyer called me to her office and said " there is an offer on the table, just hear it out " she continued "a year and a half jail time for the swat issue on June 19, 2013 and 2 years probation so they can keep an eye on you, failure to accept the deal i will quit your case and we are going to have to get some fresh eyes on this and i won't seek any bail variations unless you accept the deal. If you do accept it i will seek out bail variations for you so that you can get your affairs in order before going to prison, you have until Monday to decide" I asked about all the time i did for being falsely accused that started the whole thing and she told me " well that was a freebee, and doesn't count.
In short i refused the deal, kept her emails and she quit.
I had 30 days to get a lawyer and enter a plea else i would be put in jail and forced a lawyer. In the 30 days i couldn't get anyone and legal aid wouldn't give me one so i represented myself and brought all proper correspondence with my law society complaint and emails from Tara e Hayes and demanded some answers. The judge would not hear from me and told a lawyer to step out and talk to me, in about 5 minutes i showed him my paperwork and he asked what i wanted. I told him to lift the house arrest, allow me to return to work and live where i want , to regain my liberty. My spouse had also hired a lawyer and the crown dropped the no contact order after keeping us apart for five months. the judge lifted the 24 hour house arrest and gave me limited liberty under curfew and a few other conditions. I fled to Calgary, moved in with my girlfriend and together we remain without police contact, yet i'm still charged with assault against her. We have now been back together since Late November.
I had 30 days to get a lawyer and enter a plea else i would be put in jail and forced a lawyer. In the 30 days i couldn't get anyone and legal aid wouldn't give me one so i represented myself and brought all proper correspondence with my law society complaint and emails from Tara e Hayes and demanded some answers. The judge would not hear from me and told a lawyer to step out and talk to me, in about 5 minutes i showed him my paperwork and he asked what i wanted. I told him to lift the house arrest, allow me to return to work and live where i want , to regain my liberty. My spouse had also hired a lawyer and the crown dropped the no contact order after keeping us apart for five months. the judge lifted the 24 hour house arrest and gave me limited liberty under curfew and a few other conditions. I fled to Calgary, moved in with my girlfriend and together we remain without police contact, yet i'm still charged with assault against her. We have now been back together since Late November.
I have a meeting in September with a police investigator, I've been told the matter will be investigated but only for the matter pertaining to June 19,2013. I've also been told that they will not postpone trial until the matter is investigated for severe charter issues and unconstitutional infringements, specifically why they were there doing a no knock raid, no warrant, etc. That the investigation into this specific matter could very well take up to a year and even if i'm found guilty in front of a judge alone, there will be no reprieve for me but the officers "might " be reprimanded.
Through all of this I've been diagnosed with PTSD, tough to deal with when you're so broke you need to function, work and pay off tremendous debt, tough to deal with the nightmares and to reach out for help when everyone is so busy or plainly not interested in justice because ii cannot pay. Tough when i feel that justice only comes to those with money. I've reached out for help and i don't think people understand the feeling accept to liking it to putting your hand out for a handshake and it gets snubbed.
All that I've written here is not embellished or inflated in any way, it is real and its still going on. ALL that i say can be backed up by literally thousands of pages of court documents, transcripts, DNA, Acquittal papers, statements, audio recordings and much more. Thank you for listening and if you know someone who can help i would surely appreciate it. Until then I face my next trial in December
