Tunnel Vision. (blog 8 of 149)

It took me a long time to do this blog. Mainly because until recently, I had no proof that I wasn't guilty of the crime that I was accused of. How does one accused of rape prove himself innocent? Especially given our system which is geared to believe female accusers. Even when there is circumstantial evidence proving the female in question is an established false accuser of physical assault, rape, and child molestation. In fact, my accuser has made two previous accusations of child molestation, including once against her grandfather. This is a system set up to automatically demonize men for being men. Men are less credible simply by virtue of being men. Our society, along with our justice system, silently adopts the viewpoint that men are all simply rapists in waiting.

Case in point, when the results of the DNA tests came out completely exonerating me of this crime, (refer to "DNA Evidence EPIC FAIL), I thought to myself;

"Okay, they are going to see this for what it is." -WRONG! I asked my lawyer;

"See, I told you what these results would say! When can I get out of here?" My then attorney explained to me;

"Well, it's a funny thing, DNA. They are just going to say that just because there is no DNA evidence, it doesn't mean it didn't happen."

-?! This is what he actually told me! He then went on to say;

"It were almost better if she were dead, because then you would be cleared". I was in shock! This made absolutely no sense to me. Understandably, I was furious.

"Surely this cannot be ignored?!" I asked. He replied simply;

"Well, it will only help you at trial because it raises the question of the lack of DNA where one would reasonably assume that if such an event took place, DNA should be there." What a genius! Unbelievable! It's as if DNA evidence can only HURT your case. It will either prove you guilty, or create a real head scratcher.

Under Canadian law, they will not risk further victimizing my accuser by suggesting or even asking her if she is not telling the truth. Irregardless of the fact that if indeed she is lying, I am the de-facto victim in this ordeal, and she is the perpetrator. The mathematical likelihood of that DNA evidence being wrong is staggering! Borderline inconceivable! Even if I were the most evil and intelligent man in history and somehow was able to tamper with the DNA evidence on myself, how can they account for the lack of DNA evidence from the samples taken from her body? They asked her if she showered or cleaned up and she said "no". Ten minutes after the supposed sexual assault took place, she was whisked away to the hospital where they put together a full rape kit, which I have been led to believe is very intrusive and thorough. I have heard of DNA (even decades old) exonerating people of crimes. DNA has been extracted from the bones of long extinct animals to further our knowledge of how they looked and even how they lived. It has even been used to identify nameless soldiers from their remains. Yet in this instance, we can't determine conclusively if an assault has taken place or not?!

"Just because there is no DNA, doesn't mean it didn't happen?"-Ah, yes it does! Just, unfathomable.

Under Canada's justice web site, you'll find a report titled, "The prevention of miscarriages of justice". 

http://www.ag.gov.bc.ca/prosecution-service/pdf/Report_on_the_Prevention_of_Miscarriages_of_Justice_2005.pdf

Refer to chapter 4, titled "Tunnel vision". On page 35 of this chapter, it says; 

"Tunnel vision has been defined as 'the single minded and overly narrow focus on an investigation or prosecutorial theory so as to unreasonably color the evaluation of information received and ones conduct in response to the information'. Tunnel vision, and its perverse by-product, 'noble cause corruption' are the antithesis of the proper roles of police and crown attorney. Yet tunnel vision has been identified as the leading cause of wrongful convictions in Canada and elsewhere." The aforementioned government report also says;
"It cannot be over emphasized that the purpose of a criminal prosecution is not to obtain a conviction, it is to lay before a jury what the crown considers to be credible evidence relevant to what is alleged to be a crime. Counsel have a duty to see that all available legal proof of the facts is represented: it should be done firmly and pressed to its legitimate strength but it also must be done fairly" It goes on to say."
"But the prosecutor should not be a zealot". Within the context of tunnel vision, the crown must strive to independently assess the police investigation and the evidence against the accused."
"Tunnel vision must be guarded against vigilantly, as it is a trap that can capture the best police officer or prosecutor".
"Tunnel vision is insidious. it can affect an officer or, indeed, anyone involved in the administration of justice with sometimes tragic results. It results in the officer becoming so focused upon an individual or incident that no other person or incident registers in the officers thoughts.....anyone, police officer, counsel or judge can become infected by this virus"
"After the charge has been laid, the crown has independent control over the charge and has the sole authority to proceed with the prosecution or withdraw the charge. Early consultation between prosecutors and police should be encouraged. It is important that police training emphasise this separate function of the crown, so that in appropriate cases, the crown attorney may feel unhindered in deciding not to proceed any further with a charge. It is easy to envision situations where fear of criticism or unfavourable comparisons with other crown prosecutors could hamper the crown attorney from discharging his or her duties. This emphasis upon the separate function of crown and police, also encourages crowns to be open to theories that may differ from those initially put forward by the investigator. Crown counsel must always act as a challenge (40) function to police officers and must bring critical eyes to bear on the evidence presented to them.They must always be prepared to consider alternate theories and explanations for such things as post arrest conduct. While prosecutors and police officers must work together closely and cooperatively, the different responsibilities and the different standards they must apply should not be impaired."

That is how our criminal justice system is supposed to conduct itself. Now let's look at how it actually works.

I've had 4 separate crown prosecutors on my case. In my assessment, each one of them, along with many police officers in between, had tunnel vision. This is the only explanation as to why the police and crown prosecutors went after me with such zeal, in spite of the mounting evidence of my obvious innocence. The only two things they were not in control of was the jury and my accuser. Had my accuser not admitted to multiple perjuries, and confessed in front of a jury to making up the rape accusation, I believe I would have been wrongfully convicted. All interactions with me and with regards to my case point me to this conclusion. I will now attempt to convince you of the same. Please consider the following points of evidence.

1) My accuser is an established, habitual liar.  She has made a total of 9 false allegations before this one. And two additional ones since! In every single case, she has either admitted to lying, or been proven to be lying through evidence. My accuser has made a false domestic violence accusation against myself before. She alleged;

"He beat me with a belt and punched me in the head before school". Except, just like this time, there wasn't a mark on her. I'm a 255 lbs man with a 21 inch arm. I also have a martial arts background. If I hit her, she would probably die. They took her from school and she admitted to lying before they even contacted us to go down to get her. 

2) My story remained consistent throughout this ordeal. I knew there would have to be DNA evidence on both of us in order to prove the things my accuser was alleging. I repeatedly begged in court for the processing of the DNA evidence as I knew the results would prove I was innocent. Would a guilty man take such a gamble? My accuser's story however, changed roughly 4 times. It was always similar, but different enough as to be too drastic a difference to ignore. Or so I thought. Moreover, her answers to questions surrounding critically important details were increasingly answered with;

"I can't remember", and

"I don't know".

3) Among other things my accuser also alleged that I "beat her, choked her, and ground my fist into into her head". Except there wasn't a single bruise on her. Not even a single red mark and certainly nothing even worthy for police to photograph. Yet she always maintained her extremely violent account of events.

4) My accuser's own mother wrote a letter on my behalf stating that her child is a liar and has done this sort of thing many times. This letter is currently sealed into court evidence and was instrumental in the decision to grant me bail after I rotted away for over 9 months in jail. Her mother wrote this letter just one month after sending my accuser away with her friends for the summer, just one month after I was arrested. (Her mother couldn't handle her anymore). While I was in Edmonton Remand, my accuser's mother conversed with my attorney, and he reiterated to me that she was asking;

"Why isn't he out on bail? He doesn't deserve to be in there, my child is a liar." She also paid my first months rent, my damage deposit, bought me all new clothes, bedding, smokes, and my favorite snacks and sent me money through my attorney. What does that tell you? Who would know their child better than their own mother?

5) My accuser also claims in her statement that upon returning home just prior to the alleged rape, she immediately changed her clothes because "it was raining so hard outside that she was soaked through and through". However, according to environment Canada's weather records, it did not rain that day or either day before or after the day of the alleged rape. In fact, for the entire month of May 2011, it only rained a total of 4.5mm. Data from 3 separate polling stations around the town was introduced into evidence.

6) My accuser has testified that she changed into a black pair of jeans that I had supposedly unbuckled, unzipped, and unbuttoned in order to get them off her. She claimed I did all this to her as I held her in a choke hold of some kind. The first problem with her allegation is that my fingerprints were not found on the pants. In addition, the pair of pants my accuser was wearing weren't jeans like she said, they were actually pajama pants as stated in the 'evidence seizure list'. Pajama pants don't usually have buckles, zippers and buttons on them, the ones seized definitely did not.. Unfortunately, these pants were among the evidence destroyed by the police before the trial date. Wonder why. But I can tell you that they were a pair of 'Guitar hero ' regular pajamas. You ,Yourself can see the evidence seizure list on this blog site.

7) My accuser has been taking mental health medication since the age of 12 or earlier, and we were still trying to get her properly diagnosed. 

8) In her original statement, my accuser's mother states that her daughter told her;

"Please don't let them take DNA". Why would she hesitate to obtain evidence that would substantiate her claims  for comparison?. I allowed the police to collect my fingernail clippings for DNA testing. I submitted them knowing they would be entered  into the national DNA data bank. Why? Because I had absolutely nothing to hide.

9) My family, friends, and children raised around me wrote in letters on my behalf as character witnesses. I have never been accused of, or investigated for any sexual offense prior to this one. Police have been to my door twice to arrest my accuser's mother for spousal abuse (my accuser is the one who reported it). They have also been to my door multiple times for my accuser's antics. But never once for me.

10) On May 21, 2011, mere hours before the alleged rape took place, I attended an emergency appointment with my chiropractor. My accuser went with me to help me balance. I have a full medial file which states that among other things, "my mobility was reduced roughly 80% and range of motion was also reduced by 80%. I couldn't possibly have lifted more than 20 pounds, let alone stand or even lay down for prolonged periods of time without extreme pain due to a herniated disk". I was in a full back harness and would be off work for 2 months. This is also documented in my WCB medical file. The police themselves took off my back brace, helped me into the police truck, and made a special mention in their field note book stating that;

"...he is a large man with a back injury and is in excruciating pain". Yet according to my accuser's accounts of that night, I somehow managed to beat her, overpower her, and even lift her and carry her onto her bed.

I could continue making points, but for the sake of the reader I will stop here. At this point I feel I've provided sufficient evidence to demonstrate what I alluded to earlier. That this is a system that is geared towards believing female accusors. Clearly, the police and the crown were pursuing prosecution against me in spite of evidence which showed beyond reasonable doubt that this was indeed a false accusation. Yet I spent over 2 years of my life in jail, and became financially depleted fighting to regain my freedom. I am still fighting to this day.

Call it tunnel vision or noble cause corruption, they went after me like religious zealots. In May 2012, I was arrested. By October the breast swab DNA results came back clearing me. Still they denied me bail. The judge had to order the police to process the fingernails, otherwise they likely never would have done so. They then stalled by saying they had reports that I said I was going to kill my step kid if i ever got out. These charges were dropped a few months later when they were unable to substantiate these claims and it became clear these were just stall tactics. 

I was called violent, bi-polar, and an alcoholic. Yet according to 6 separate mental health evaluations which were filed by my court appointed shrink;

"The subject isn't bi-polar or suffers any major mental health issues. Hidden or otherwise."

In another report, he states;

"...to continue to keep him under house arrest and unable to work might inadvertently cause mental health issues."

The crown has been made aware of these reports, yet I am still forced to be under house arrest to this day. I've been bounced around like a piece of missing luggage. I've been told I couldn't live with my new girlfriend because I wasn't stable. They claim I need to be supervised, but under their watchful eye I was forced to live in 3 different homes inside of four months. Once I was forced to move because the police on the south side of Edmonton "didn't want a child molester" on the south side. This is how it was explained to me by the commander of the south side precinct. I was told to stay away and not be caught around there. Twice, they charged me with two false counts of breaching this requirement. If that isn't instability, I don't know what is.

South side police officers would talk to my roommates in plain clothes, ask about me, toss my room, and destroy stuff while I was away. I found boot marks all over my sheets. On one occasion, two female officers arrived at my bedroom door one night at 2 or 3 in the morning, and with me standing there in my freaking underwear, they kept yelling that I produce my drivers license, provide the name of my bail supervisor, her number, tell them what I did throughout the day...

(After this I began wearing shorts to bed). It was like this or worse during the entire 2 1/2 year wait for my trial. I don't care who you are, eventually this starts to takes a toll on you. Especially mentally. In December 2012, just days before Christmas, my roommate told me;

"You came out of your room crying, looking like you were asleep. You went for your bag in the kitchen, pulled out a bottle of Valium and chewed them (my month supply apparently)." They had to call an ambulance because I fell over (I've personally seen where my head went through the drywall). I was rushed to hospital that night. I awoke naked in a hospital bed. I had intervenes in my arm and one in my right hand. I was hooked up to all kinds of wires all over my body. I ripped out everything and got up. A nurse asked me;

"Where do you think you're going?!". I said;

"I don't give a fuck, I'm out of here." She said;

"You know, you expired 3 times last night, you're still not out of danger." I demanded my clothes and they gave them to me, along with what was left of my Valium. I called a friend to come get me. I feel bad because I puked charcoal all over his dash board. He drove me to the court house so I could sign my papers for my Christmas pass, so that I could be with my new girlfriend. Over the holidays I didn't get better, so I sought out some mental health help. I spend 30 days in a mental help facility. While I was there, the government charged me with 2 breaches. One for not being at my approved residence, and one for using drugs (Valium). My lawyer and doctor eventually were able to clear it up, by proving that the drugs I was taking were prescribed, and it isn't illegal to attempt suicide in Canada. So they changed the charge to be that I didn't return to my approved residence after my Christmas pass expired. When it was verified that I did, they changed it again, claiming that I didn't return myself to jail after being released from the mental ward. Then it was verified by my girlfriend, several guards, my attorney, and two government workers that I did actually report to jail. They kept these charges around for 8 months. They pushed my trial back a month before finally dropping them. In the mean time, they would tempt me with plea deals of time served if I would just plead guilty. They want you to do that, because it affects your credibility. I had an upcoming trial and that is what they wanted. They had a need to get this prosecution no matter the evidence. Does this sound like Tunnel Vision to you?

The impact this has had on every aspect of my life is incalculable. All of this because of a false accusation. I wouldn't wish this on my most bitter enemies. Even now, despite all this, I'm not seeking revenge or compensation of any kind. All I'm fighting for at this point is the opportunity to try to pick up the pieces of my life, and move on.

-Tortured

Edmonton Remand, A.K.A. "Capital of Hell". (blog 7 of 149)

Edmonton Remand is an inmate housing facility for men accused of crimes. It is where men are taken and held as the are awaiting their day in court.
This section was originally intended to describe the various abuses inflicted upon "tortured" during his time in Edmonton Remand. However, due to the sheer lack of evidence and stresses and emotional toll on "Tortured" to recount these events, we have decided to put this section on hold.

This is the physical state upon release of tortured

This is the physical state of tortured six months after released, and how he normally carries himself.

Seal team 6 vs Tortured. (blog 6 0f 149)

June, 2013. It was around this time that policies changed in the realm of bail supervisors. I was deemed to be a child rapist and was told;

"Due to the nature of your crimes sir, you have to report in every two weeks at the most". 

Although I was allowed to go back to work, these conditions made it impossible to return to my career. Prior to all this, I was moving my way up the ladder in the oilfield. I got my 4th class power engineering degree, and was drilling for a reputable company. I had a job that I had come to know and love for over a decade. But because I had court dates, a curfew, and was required to make regular check-ins, the only job I could get was a lousy labour job. That job payed for little more than the rent at the home which the government was forcing me to stay at. Then one day my bail supervisor tells me;

"Due to the fact there are so many people on bail and not enough supervisors, we have made some rule changes regarding bail supervision. You now have to report once every 2 months. You can now go to work out of town but you must be on a regular rotation in a dry (liquor free) camp. We also need to know all the details in advance and you must submit a copy of your pay stubs."

Thrilled, I immediately looked into getting back into drilling. Two things stopped me dead in my tracks:

1) I had to renew old safety tickets which I couldn't afford.

2) It was spring break up, meaning there were no active rigs at the time. 

Not to be deterred, I re-did my resume, called up a few structural engineering buddies, and asked them to forward my resume which they did. I was quickly scooped up by a company that had structural upgrade contracts in Fort Mcmurray. I've always wanted to check out the structural side of engineering. I thought I'd make some decent money and temporarily fill in a void in my life. I slept better there than I had in months knowing police could not enter the compound I was in. I excelled at that job and within two weeks, I was in charge of my own crew! Then disaster.

My first two weeks in, I got an email from my legal aid attorney stating she quit! Why? Because I strongly disagreed with her about not calling my court appointed shrink as a character witness. He wanted to testify that I didn't fit the bill of a rapist, but she didn't want him on the stand. It didn't matter how much I sucked up, she still quit and I had to return home early to go to court. At this point I was afraid that if the crown learned that I was without legal representation and that I was working and making money, it would put me in contention of having adequate legal representation, and they would put a stop to my newly acquired employment. I quickly scheduled a meeting with a very good lawyer in Calgary. I showed him my case file and he agreed that I had a very good case but told me that in order for him to take it on, he would need $20,000.00 up front. I had just started working, so I didn't have that kind of money yet. But because I feared reprisals from the government to prevent me from earning money, I asked him if he could take on the case now if I paid him installments, as I needed legal representation immediately. He wouldn't budge. My girlfriend and I left his office and returned home to my approved residence before curfew. I told her on the drive back, as far as legal representation goes, I was fucking tired of "hamburger helper". I was going to be tough, but I was going after the "steak". 

On my last few days off I managed to secure a loan based on my job. All I had to do was bring in a copy of my contract on the following days off to finalize it and I'd have my steak dinner lawyer. Upon driving 5 hours to return to work, I learned Fort Mac was flooded and even the oil sands were in jeopardy. New construction came to a halt and all non essential employes (like me) were sent home. I returned to Edmonton to my approved residence. My roommates there told me every time I leave town, the landlords try to rent out my room from under me. A room I paid up for! Then they told me that all their homes were being closed down shortly because they didn't meet fire safety standards. Within two weeks we were all being transplanted to this converted hotel they bought. We would be trading our single rooms for shared occupancy and our rent would go from $550.00/month to $950.00/month. There would also be 24 hour security guards and video surveillance. In addition, we would have a sign it/out policy telling them when we would be back. We would also have to pose for photos for their spiffy new files. There would also be a strict buzz-in curfew of 10 pm which superseded the one I had with the police department. This sound like a private jail to you? It does to me! Why didn't they just kick me in the balls and light my pants on fire?!

Needless to say I had issues with this. Ultimately, it would affect my job. I HAD to live wherever this private company said, within their realm or else I had to return to hell-I mean, remand centre immediately. This move was to take place in a week, yet I was not formally told about it. I quickly called and left messages with my new legal aid lawyer. I emailed her daily and left messages with her assistant to no avail. I urgently told them this was all an issue for me which would be coming to a head. The government was going to pull another move on me and I needed pre-emptive legal assistance. They didn't care. 

On June 19th, 2013 I was on the phone with one of my government supporters when the manager of the place I was staying at called. Secretly, I put her on 3 way with my supporter listening quietly. She confirmed all of what was reiterated to me by my roommates. I stressed to her that I could not afford another $400.00/month and couldn't handle sleeping beside someone I didn't know because of the torture I went through at Hell-I mean, Remand. (Just to give you an idea of the mental state I was in at the time, I would barricade my door every night just so I could sleep. I couldn't get over the thought of somebody coming in through my door at night while I slept. A barricade gave me the reassurance that they would wake me up trying). But I didn't tell her that. I just told her I had stress and trust issues and trouble sleeping at night. I told her I didn't want to inadvertently harm somebody just for startling me in the night. She told me; 

"I don't care, fuck you!" 

...well, actually she said if I didn't report that night with the extra $400.00 plus damage deposit (which was equivalent to one months rent), they would report me missing, and there would subsequently be a warrant for my arrest. So yeah, basically, 

"Fuck you, buddy!"

I didn't have this additional money, and neither did my girlfriend. They told me that I'm apparently too unstable to live with her at our approved apartment even though I ate, showered, and kept everything I still owned there and rented the place out as my friend owns the building. That home has always been my address of record, and all my mail went there. My girlfriend and I ran a clean home. It was a safe place, and we even had some new pets to replace the ones I lost when this all started. But some genius decided I need to be supervised between the hours of 10:30pm and 5:30am. Apparently I must turn into some sexual monster or something between these hours, but I could come and go as I pleased afterwards. That same day I went to speak with one of my supporters at about 5:30 in the evening. She agreed it's total bullshit that they weren't allowing me to live with my girlfriend. That we actually had to go to court to get it adjusted. She was also baffled by the complete lack of attention from my new legal aid lawyer in the matter. At around 7pm my girlfriend was listening to slacker radio in the bedroom. I shortly thereafter heard her leave. I thought she might have gone to the grocery store on the main floor. We take turns cooking, and that night it was her turn. She doesn't like loud music, but I do. So I locked the door behind her and cranked the tunes a little. Singing away some frustrations to Zack Brown band. Shortly thereafter I heard some loud banging at the door. I knew my girlfriend had keys but I thought maybe she had her hands full. But this banging got frantic and very loud. When I looked at the door it was buckling!

BANG BANG BANG!

The wall was actually moving! I knew then, that that was not my girlfriend. Somebody else was trying to come in!

BANG BANG BANG!

A million thoughts rushed through my mind. I thought about opening the door and tuning in whoever it was, but I have to be cautious and watch my temper. I'm quite capable of defending myself but I didn't want misplaced anger coming out in stupid ways. Plus, I had to keep the peace order.

BANG BANG BANG!

The door was metal but it was quickly starting to give. I yelled;

"Whoever the fuck this is, you better fuck off or else you'll get hurt!"

BANG BANG BANG!

They just kept pounding it. I looked over to the kitchen butcher block. A knife! 

"Too violent" I thought to myself. I looked over at my tool belt. The Hammer! 

"Also too violent". Then I realized my rig bag is beside the door. Inside I had an air horn and bear spray. I yelled:

"Whoever you are, I have bear spray and if you breach my door I will spray you!"

BANG BANG BAAAANG!

At that moment, they breached! The door frame folded out and they blew the bottom door knob lock and the dead bolt. All that was still holding was the hotel chain latch. I attempted to hold the door shut, but despite me being a 255 lbs guy, every time they kicked, I was thrown back. I had no choice. I sprayed the can of bear mace through the opening left by the hotel chain latch. Funny thing about bear spray. Apparently it comes out of that can in a fan, rather than a concentrated jet like you would think. So some of it hit the door and door frame and blew back at me. But I managed to get whoever was trying to come through as well. Despite this, I continued to hold the door for a few more kicks when all of a sudden, they stopped. I took the opportunity to barricade the door with a small couch by lodging it between the door and a nearby closet. Confident it would hold, I pulled the plug on the stereo and called my girlfriend to warn her some lunatic(s) were trying to come through our door. I got no answer. Suddenly I heard somebody yell;

"[Tortured] this is EPS!!" (Edmonton Police Service). I said;

"Fuck you, you're not cops! Why would you be kicking in my door?!" The voice behind the door yelled;

"It IS EPS, open the door you piece of shit coward!" In my mind, that solidified it. Cops don't say that. I immediately suspected it was my accusers uncles, or friends, or whoever. More and more it was looking like somebody was going to be getting hurt here very shortly. I wanted it documented somehow. So I got on the phone and attempted to call my lawyer and my supporters. I either got voice mails, or their phones were off for the day. I then called my current roommate and told him what was going on. Since he lived close by, I asked if he would swing by and confirm that the voices on the other side were in fact police.  He said he didn't want any part of it. Then I made my first call to 911. I told them what was going on, and they told me;

"Well, if they're saying they're the police, then let them in". Then they hung up on me.

Then I called my former attorney and left a message with her stating I had a situation here and needed some advisement. (She never called back).

BANG BANG BANG!

The barricade was holding well. At least, for now.

"Let us in you fucking piece of shit!" I heard from behind the door. That only further solidified my suspicions that this was indeed my accuser's family and/or friends looking to enact some of their own brand of chivalry justice. I told them;

"Listen, I'm not guilty! It was all a lie! I'll show you the DNA report!" The voice yelled back;

"Fuck you, it's a moral issue with you!" I attempted to call my girlfriend again to warn her, but got no answer (these phone calls can be confirmed with my phone records). Then the voice behind the door said;

"[Tortured], this is the swat team! Remove the fucking barricade and let us in, because when we come in, and believe me we are coming in, WE ARE GOING TO FUCKING KILL YOU!"

Terrified, I called 911 again and told them what was going on. They said;

"Why don't you just let them in?" I said I didn't know for sure if they were cops. If they were, why would they be trying to kick in my door, and why are they threatening to kill me? The 911 operator replied;

"Surely they aren't..." I then held my phone up to the door as the voice repeated his previous threat. Then she said;

"....hold on." 

BANG BANG...

A brief pause, and then I hear;

"[Tortured], if you remove the barricade and let us in, we promise we will not hurt you!" Everything was happening so fast. I didn't know what to do. A minute ago these guys were threatening to kill me. They sounded pumped up and I was convinced they would do it. I needed to stall for time to think, and to give cooler heads a chance to prevail. I told them;

"I have a weapon and I have a round chambered!? Looking back, perhaps that wasn't the best way to go about it, but I wanted to see if we could try to talk it out a bit. The 911 operator then asked me why I called the cops. I told her it was to confirm if the voices on the other side of the door were in fact police. Also, because if these guys did end up killing me, that it would be recorded on the 911 tape, and everyone would know that this was clearly a premeditated murder. I then told her under no circumstance would I harm a police officer. Then she hung up. I told the voice behind the door;

"I am going to remove everything from my pockets, be clear of any weapons, remove my shirt, and lie face down on the ground with my hands behind my head after I remove everything from in front of the door. But I'm freaked right now, so if you rush me before I give you the all clear to come in, I will fight to defend myself!" As I removed the barricade I could hear the voices behind the door whispering;

"Okay, he's removed the barricade, get ready." I then did everything I said I would do. I gave them the all clear and the door threw open. I could see green lasers dancing around everywhere. I was completely convinced I was going to be shot in the back of the head any second. I closed my eyes tight and asked god to accept my soul.

But they never shot me. In fact, they were surprisingly gentle. They cuffed me, and escorted me out the back set of stairs. I fucking tripped and fell down the last half flight. Another cop then grabbed my arm and posed me outside in front of a guy holding a large film camera on his shoulder before making a brief comment to the media. They evacuated my building and the grocery store downstairs. They even cordoned off the entire property and two main intersections! Looked like they had the entire police department there. Swat, media, spectators...it was a red and blue flashing circus. Military buddies of mine tell me they don't do this sort of operation in 45 minutes. It takes planning. They need to de-escalate the situation, do officer safety...it all takes hours. They knew what they were doing all along. They clearly planned it ahead of time.

Later I was brought in front of a j.p. As they read over my charges, I started to wish they just fucking shot me. My life is just OVER, I thought to myself. At around count 16, I just plugged my ears as they continued to talk. For some time I sat there with my ears plugged. When I unplugged them I herd;

"Count 22, blah blah blah...." So I said;

"Fuck this!" and I plugged my ears again. They grabbed my attention and asked if I had anything to say. I told them;

"I want my cell and lawyer."

On my arraignment, the charges were reduced to 11. Seven of those being assault with a weapon against police with a weapon. I was charged summarily, instead of indictable assumedly so they could avoid a trial in front of a jury. I guess they prefer this matter be decided by a judge. Since then they have offered me another plea deal. They say if I plead guilty to two assaults (one against my girlfriend), they would reduce the charges to 2 assaults, two breaches, one weapons, or 18 months (unless the judge ups it) and 2 years probation to "keep an eye on me". My new legal aid lawyer told me if I refused this plea deal, she would quit on me. I refused it, and she quit. And this is where I'm sitting today. I've since been acquitted of the rape charge and they've dropped the 2 bogus bail breach charges and a slew of others, but because this matter is still unresolved, I'm still under house arrest, still unable to work, and still have no attorney.

There was no windows or peep holes in my door. There was no warrant, and nobody inside with me who was in danger. My girlfriend wrote a statement that I didn't assault her, and tells of them threatening to kill me, calling me a piece of shit, and other insult laden threats. They also offered her money and witness protection to testify on their behalf. She has flatly refused to lie for them and has actually moved because of their harassment. I haven't seen her for nearly 5 months, and she has all my stuff. They slapped a no contact order against me so I can't communicate with her. They just want to keep me alone. She has hired a lawyer to fight it. On the plus side, I no longer have to live where they tell me to. I'm currently shacking up with a friend. I guess I got over that touch of turning into a sexual fiend at night time. 

What a joke! What an un-fucking-believable joke!

Here is the charter notice filed by my attorney's office.

This is also a letter from my then girlfriend and now my wife , just a rough version as her deposition is much more.

-Tortured.

DNA Evidence EPIC FAIL. (blog 5 of 149)

The night the supposed rape occurred, police arrived at my residence and came upon a crying teenage girl who they themselves have dealt with many times before on numerous occasions regarding false accusations. The police immediately begin gathering evidence and taking testimonials. One of my accuser's accusations was, that ten minutes before police arrived, I was "sucking on her breasts" and sexually assaulting her in other ways which I will not go into great detail. Police collected finger nail samples from my hands for DNA testing. Soon after, my accuser was sent to the hospital where swabs were taken of her breasts which were also submitted for DNA testing.

During my wait for trial, the swabs came back from her breast sample testing negative for any of my DNA! However, about a week before trial in October 2013, I would be told that the results which were read in court by my then attorney were wrong. Apparently he misread them. 

"Come on!" I said, "are you serious?!"

I was then told the DNA swabs were actually taken of my accuser's hand. I said; 

"Bullshit, I want to see that report!" To which they replied; 

"...oh i can't find it right now, but I'll get it to you." (At the time of this writing, I have yet to see that damn report)! Not only do I have the transcripts of my then attorney reading the report off in court, I also have full disclosure including all forensic evidence taken and from where it was taken. They tried undermining me being cleared by the first set of DNA evidence! They changed gears because it hurt their case! Anyways, so I told my lawyer that I wanted them to process the evidence they collected anyways. She says: 

"Well, the crown demanded the RCMP to do that as well, but they flatly refused because they believe that they won't get a viable result. They say the hospital that did the swabs had done them wrong. They don't want to waste their time." I said; 

"Excuse me, are you fucking kidding?! How can one of only two crime labs in this country that work for the RCMP, which works for the government, refuse to process evidence?!" My lawyer says:

"Yeah, I know."-Gee, thank you very much!

That's legal aid for you! I've become a wiser man through all of this. I've found out if you want a steak dinner, you should pay for one. Otherwise you end up with shit-burger and flies.

...I'm sure you get the hint.

Anyways, as mentioned earlier, they also removed my finger nail clippings for DNA testing. After 7 months, the judge had to order the RCMP to produce those results. They claimed that they had somehow fell down behind something else in an evidence locker, and that they had a hell of a time locating them. The judge wasn't impressed, (and neither was I). The RCMP was told they had 30 days to produce them. In January 2012 the results for those were finally released, and surprise surprise, they tested negative for my accusers DNA. Now that report, I have! In fact I copied it several times and have it hidden everywhere. Wouldn't you?

Not to be dismayed, during the "Void Dire hearing" (the hearing 1 day before trial in which we are told what we can and cannot discuss in front of the jury), the RCMP tried to allege that I tampered with my fingernails somehow. That they were all well groomed short. Yet they collected their samples no problem! Remember, I got the evidence seizure log, and the test results. I'm sure I didn't have time to molest my step kid and then go for a damn manicure! If they can recall, Angel claims this all happened ten minutes before police arrived and began collecting evidence. The RCMP were then asked straight out: 

"Was there lots of forensic evidence gathered, such as crime scene photos, clothing, and video footage of interviews done with [myself]?" The RCMP replied: 

"Yes there was". They then talked about amounts and what not. My lawyer asked: 

"Was that evidence ever turned over to the crown and/or were they notified of said evidence?" To which the RCMP replied:

"No they weren't notified, and we destroyed the evidence."

!...yup he said that!  What country, right to the smallest and most corrupt, destroys evidence before a trial?! Canada apparently! Yet no one asks him by who's authority, direction or whatever they did that! The Void Dire hearing finally concludes, and the trial would begin the following day.

As I mentioned in previous blog posts, the judge would eventually rule the cops "less than credible" and therefore weren't permitted to submit their bullshit into the record. My former step kid knew nothing about what took place during the void dire hearing and like I also said before, the trial started and stopped with a confession in about five and a half hours. That's something none of those bastards counted on.

All I can say is thanks be to God, but it ain't over yet. I'm still on the hook for trumped up charges which I still have to deal with. But that's another blog entry all on it's own.

Thanks for reading

-Tortured.

Acquitted!. (blog 4 of 149)

After two and a half long years, my court date finally arrives on Tuesday October 9, 2013. On Monday October 8th, as I mentioned in previous blog entries, we had a preliminary hearing to assess what would and would not be allowed to be heard in front of the jury the next day. This is when all four cops were grilled about the evidence they collected (and destroyed) and the notes they took which were not consistent with their reports. We had to wait until the following day to hear the judges verdict with regards to the police's questionable behavior.
The next day the judge picks up where he left off and rules the police officers "less than credible". Meaning they could enter into the record that a 911 call was placed on the night of the alleged rape, and that these officers responded to it and arrested me but they were not allowed to offer anything else. The judge sighted several charter rights violations by severity, and the police officers very shoddy testimony to justify this ruling. Following this, the jury was brought in and sworn in and the official trial began.

They started by re-reading the charges against me. I plead not guilty to all charges, but I got the feeling they kept giving me chances to finally admit it. The first witness they called was  (my accuser). Now recall that screen they put up to shield me and my deathly gaze from my poor poor accuser. By now the screen evolved into a full on wall, and both myself and the jury had to watch my accuser's testimony from mini TV screens! The crown prosecutor began asking my accuser questions, and my accuser answered most of them with "I can no longer remember". The judge then asks her if it would be helpful if she was permitted some time to re-read her original statement. She readily agreed and the judge recessed for about a half an hour.

Court resumed and the judge addressed the crown and my lawyer;
"I speak to you both because we have a serious situation here. Whereas I myself haven't spoken to his accuser [he isn't allowed to], madam clerk has informed me his accuser does not want to testify. In fact, she refuses to do so. Also, she says she is very hungry and tired. Right now his accuser is in a secure witness room next to my chambers, reviewing her statement. I am going to permit the crown prosecutor time to meet with his accuser in hopes of...wait, is that her!?" As the judge was speaking, he notices my accuser trying to come through the front doors of the court room! Not the witness room doors, the main doors! Now, to avoid perversion of statements, witnesses cannot be together until testimony from their personal perspective is given. Yet somehow my accuser managed to get out of the secured room, run around the outside of the courtroom and enter again through the courthouse's main lobby just outside the courtroom where her mother and the police were waiting. The same police who were deemed to be "less than credible" that same morning. The judge couldn't believe it!
"What the...I thought she was secured in the witness room? How did she possibly get back out and into the public area?!" The judge asked. He was very seriously concerned about whether or not my accuser was out there talking to her mother and the untrustworthy police officers. The judge orders madam clerk to deal with my accuser. She walked my accuser back through the front door of the courthouse and back into the witness room so my accuser could be brought back into court the proper way. He then asks my accuser how she got out of the secure witness room and who she spoke with afterwards. My accuser denied speaking to anyone, including her mother. (yeah right). The judge asked if my accuser was ready to proceed because she was expressing she did not want to just moments ago (after she spoke with her mother and the police officers no doubt). With a renewed cheer in her voice she answers loudly;
"Oh Yeah!"

What a mother fucking disgrace! I thought to myself, "what kind of dog and pony show is this"? My life is hanging in the balance and this is the best these clowns could do to ensure I get a fair trial? Well, should I get fucked over here, at least I'll have grounds for an immediate appeal. The crown resumes her examination of my accuser, and then we break for lunch. Now try to picture this:

There I am eating lunch in the cafeteria. Sitting to my right and staring at me the whole time are the corrupt police officers. To my left, sitting beside me is my accuser and her mother! They took a lot of time to set up that stupid screen and the wall to make sure there was no possible angle in which my accuser would be able to see me because she supposedly could not bear to face me. But she and her mother (another witness whom my accuser is not supposed to be talking to) decide to sit together at the table next to me for lunch!? In fact, my accuser always seemed to make an extra effort to walk directly beside me, as close as one could possibly get without actually touching. How ridiculous is that? You can't make this shit up! That was the most uncomfortable lunch I've even had. I really have no idea how I got through that. I watched my accuser's mother get up and storm out of the cafeteria without her daughter. My accuser left about 10 minutes later which I found odd. 

Anyways, this gong show re-adjourned and the crown announces to the judge that not only had she witnessed my accuser and her mother talking and eating together, but that my accuser actually tried to converse with herself as well (which is also not allowed). She assured the judge that she told my accuser she was not allowed to talk to her outside of the court and walked away. It was now my lawyers turn to cross examine my accuser. She first confirms that my accuser knows what perjury is. Then she asks my accuser flat out if she has ever committed perjury in court before. My accuser admits she has.
"About what?" My lawyer asks.
"oh, all kinds of things" she replies.
Then my lawyer asks my accuser about the day she was allegedly raped. According to her own statement, it rained very heavily that day and she had to change her clothes because she was soaked. My accuser confirmed this. Then my lawyer tells her that it didn't actually rain at all that day. My accuser sticks to her assertion that it did. So then my lawyer reveals that they have obtained the weather data for that town for the entire month and according to those reports, it didn't rain that day or either day before or after. In fact, it had only rained about 4mm the entire month. Still, my accuser claims it did rain. My lawyer asks her to explain how she could still claim it rained when official data from Environment Canada clearly says it did not. My accuser ponders that for a moment.
"Oh, I guess it didn't rain that day." She says quaintly. This examination goes on for a while longer, my accuser goes off on some diarrhea rant about me, then quickly declares;
"I have a confession to make. [Tortured] never raped me. I never wanted him to go to jail. I never had a father, Joseph has been nothing but good to me".....she then breaks down sobbing, her face in her hands trying to re compose herself.
My accuser admits in front of the entire court, the judge and the jury that the whole thing was a lie. My attorney, who should press her to elaborate on the police's involvement in this does not. She should ask my accuser if they did or said anything to encourage or force her to continue this lie, but again she doesn't. It was at this moment the judge stops the cross examination, dismisses my accuser and states that he is no longer comfortable with this in his court room, that in fact they either needed to call a miss trial, stay the charges but something HAD to be done. At that moment, while pondering what was on her desk, the crown simply said " no we will not stay the charges, anything less then a full acquittal at this point would be further unjust to this man".

My question to you is: why didn't the judge allow my accuser to finish her confession? Why did he interrupt her and give his ruling before she could elaborate on the role the police played in this escapade?

Allow me to reiterate a bit of information presented before, as it is vitally relevant here. The day before this trial, the police were all questioned. None of their stories matched. The lead investigator was asked how long he had been a police officer. He responds;

"6 years". My lawyer then asks;

"During that time, have you ever been investigated or brought in front of a review panel or committee because you abused your power or committed questionable acts? He says;

"Which one? There are two." My lawyer says;

"Well, we only knew of the one, would you care to elaborate to the court?" In his explanation, he reveals there was actually three instances where he was brought before the disciplinary committee (but the third time he was deemed justified). He could not remember anything about the day he arrested me and began his investigation on my case. He couldn't answer specific questions and had to rely heavily on his notes. Notes which completely contradicted what the other officers wrote in their notebooks, and even what he himself wrote in his own official reports!

The officer in charge of gathering evidence was then asked to talk about the evidence that was collected. He described crime scene photos, physical evidence, some clothes, and my finger nail clippings which were collected for DNA testing. They talked about some of the details, and then my attorney asked him about the video surveillance tapes from the booking station which included the interviews they conducted with me in which I supposedly "admitted to it all". When she asked if all that evidence was turned over to the crown, he says "no". So my lawyer asks "what happened to that evidence?" he replies;

"We destroyed it all"! "Destroyed it"?! I thought to myself.

[Tortured]: I'll take corrupt or stupid for a thousand, Alex.

[Trebek]: This country's attorneys and courts do not demand evidence from police investigators when undergoing rape trials.

[Tortured]: What is Canada?

[Trebek]: Canada is right!

Why is the hell would they destroy evidence before the case was even concluded?! I have my own theory: As soon as the DNA evidence results came out clearing me, these cops realized they would likely be implicated for violating the oaths they took to fairly and impartially uphold the law. One of those oaths being the oath of office which reads:

"I, [name], do solemnly swear that I will faithfully, diligently and impartially execute and perform the duties required of me as a member of the Royal Canadian Mounted Police, and will well and truly obey and perform all lawful orders and instructions that I receive, without fear, favor or affection of or towards any person, so help me God"

What those dipsticks didn't realize is, I have full disclosure. I had been privy to exactly what kinds of evidence was collected and from where it was collected. I copied it into both paper and data formats. Why didn't my defense attorney ask why and by who's authority they destroyed this evidence? Why isn't that relevant to the judge? When it became unlikely that they would be able to get a conviction on me (in other words, when it became apparent that I was innocent), those officers destroyed that evidence is a last ditch effort to distance themselves from culpability. Up until that point they had lied and done everything they could to try to engineer a conviction. And they got away with it!

You would think I would be entitled to the transcripts of this trial, but...nope! Because the matter is now officially concluded, legal aid won't cover the costs. Legal aid was however kind enough to inform me that it would be wise for me to obtain those transcripts ASAP "before they went missing".I have since looked into it, and for a physical copy of the court transcripts, the Canadian government is telling me I need to pay $3069.00. How can they possibly justify such an outrageous amount of money for something so trivial?! Could it be because they know these transcripts give proof of the corruption in our justice system and they know I am financially ruined at this point and cannot possibly scrape together that kind of money? Or perhaps its the case that the paper they print these documents on is processed from some endangered species of tree. I'll leave that up for you to decide.

Its hard to get it out, but I believe that by doing this, I'm helping myself. This experience has left me with a feeling that I matter to no one. Especially my country's government. After the acquittal was ordered, I was told I could go. That was it. No consideration or compensation for the torture I endured, the loss of my savings, my personal effects, my pets, or my new home (completely furnished) which I worked so hard for the winter before. I've been reduced to a couple duffel bags and borderline homelessness with a mountain of debt to pay off! Not to mention the lost wages from not being able to work for 2 and a half years, and the psychological turmoil which has driven me to attempt (and briefly succeed at) suicide on Christmas of 2012. And all the while my accuser was referred to as nothing but "the victim", and was able to retain her freedom and even skip out on court appearances so she could go party and get high and drunk with her friends. I'm not even out of this yet. They're still going after me for the events detailed in my blog entry: "Tortured Vs Seal Team 6". I can only assume at this point that it's for no other reason than to try to save face and get me on SOMETHING.

IS THIS JUSTICE?!

My accuser was let go without any punishment to speak of. Presumably so she could go on to ruin some other poor bastards life. They have to be insane to believe she isn't going to lie about being abused or sexually assaulted ever again. I've known her since she was 9 years old. I was practically her father. Trust me when I tell you this girl is a menace to society. She's a habitual lier. An irresponsible little brat with no regard for others. She deserves to be locked up for a very long time. But instead, the government's victims advocacy branch is thinking of PAY HER and her mother a large sum of money from the taxpayer's coffers because of this incident. That's right. Money taken from YOUR pay cheque is going directly to my accuser. How's that make you feel? More on that in future blogs.

Anyways. Not a rapist. Thanks guys!

And yet while I awaited these papers, this trial, the police continued to charge me with additional offenses. In no less then an attempt to make me look bad, appear uncredible before this trial and those matters are still on going. I don't know what to tell you, the storey is as convoluted as it is long, nearly 4 years now and I simply don't know how I make it through each day. Of a firm belief,I pray this doesn't happen to another man. Of the same belief, I sincerely hope that people will wake up and start to question things that are going on but in the end...no one is interested in something you didn't do.

-Tortured

Police buggery. (blog 3 of 149)

The nuts and bolts of this are this.
"Noble cause corruption" referred to earlier was definitely in play .  I say that because months into my case there came a report to my then attorney" his cell partner contacted police stating that i had told my cell partner that as soon as i get bail i was going to kill my step daughter" First of all i was in a city jail, the RCMP have no jurisdiction, why wouldn't the city police be investigating this matter? Why does it fall to the RCMP station that's over 200 kilometres away, which is ironically where i was charged.

You see the roles of police and crown were not separate, the charging police were pushing the crown. After all is said and done, another month had past , then they just said " it was investigated, nothing there....moving on" as if it was no big deal. Eventually i got bail. But do you see their stall tactics and tunnel vision, going as far as to make up excuses so i couldn't get bail.

Bastards! This is my life you're toying with here!

-Tortured