Tuesday, 1 November 2016

They got their year!


One year ago I was sentenced to a year Community Sentence. I had to call in every two weeks and appear in person every other two weeks. Surprise, surprise, during that time I had zero negative police interactions; and the police never attended my residence for any domestic issues.
To bring people up to speed - if you are new or had forgotten - It all started in 2011 with false accusations of rape from my then step-daughter; who had a notorious habit of doing so to people to sway the outcome of life events to her advantage at will.
After years of mistreatment and incarceration the Police and the Crown Attorney finally got their way and made me stand trial. Unfortunately for them, but fortunately for me, my accuser had grown older and grown tired of her prey. She confessed that it was all false allegations. The full extent of the who, what , where , how and why was 'noised over' by the court and a full account of what happened never really did come out. All I know is that while the distractions were being whipped about, I had received a full acquittal on the rape allegations; but was given one year community service for (they said) assaulting a police officer.
Was my accuser charged for wasting years of investigative labour, general police work, courtroom activity, and victim and other services? And more importantly to me, the irreparable damage that was done to my life? To all of that a resounding "No" she wasn't. Regardless of the fact that she confessed under oath and in front of a jury.
I languished in the system for years and was raped myself for being an accused rapist while incarcerated. I was also subjected to cruel treatment and severe psychological treatment. I would eventually be diagnosed by 3 separate doctors as "having suffered severe trauma and leading to the diagnosis of severe and co-morbid Post Traumatic Stress Disorder (PTSD)."
As to the charge of assaulting a police officer, a 911 call came in from 4 provinces away that I was harming my then girlfriend (whom I later went on to marry). The police attended and they were all told by my girlfriend that there was no problem, no assault. Still they demanded to see me.
The most contentious issue was how I was approached. According to police they announced themselves and I then assaulted them with bear spray. That's it point blank - and no need to further discuss it. Several dozen serious charges were laid. Closed case right? Wrong.
What was never discussed was why 52 (!) officers were dispatched to my home. No the number isn't wrong. It was also never discussed as to why they attempted to kick down my door, pepper spraying my apartment, and actually called in not one but two tactical units to gain entry.
Not a single statement was gathered from dozens of witnesses; nor even a single frame of footage from the many CCTV cameras in the building. Further, the existence of such evidence was never even acknowledged. (The CCTV cameras were there because of a grocery store downstairs.)
In short I was dragged out, allegedly no police officer was acting like a thug and there to "kill you cause you're a dirty child molester", etc. It's interesting to note that one of the lead officers on that day has gone up numerous times for misconduct at the Alberta Law Enforcement Review Board.
They played with my bail at will, in and out of jail, until I was acquitted on the false charges. Years dragged on despite friends' testimony and my now wife's testimony; and much damning evidence to come out like the altered 911 tapes that the Crown refused to play in court (yet we possess them). In the end I was found guilty!
Guilty of something, anything, just guilty - so it doesn't look like they did a witch hunt on a guy. Pretty bold statement isn't it? You bet, and I base it on this:
All the while being falsely accused I claimed my innocence and despite the lack of DNA evidence - where there surely would be some - bail was denied for over 9 months. Once I got bail they would pull it at will; or keep me under 24 hour house arrest; or both. I could not work or go to the store for myself. The only time I could leave was to attend court. This is just the half of it, more like the quarter of it.
While awaiting trial, police don't take 911 calls from over 5,600 kilometers away and then show up; and, although the call is unsubstantiated, bring 52 buddies to break my door down without a warrant. The role of the Crown Attorney in all this also should be examined carefully.
I was charged with 12 counts of assault with a weapon causing bodily harm against police and my wife (despite her testimony). These are such serious charges that one would reasonably assume they would be tried as indictable offenses, unless they wanted to avoid a jury trial. Yet they were tried as summary offenses, judge alone. Equally, one would assume that 1 year probation does not fit the crime - unless it never happened the way police said it did at all. Just a question of finding SOME guilt was key should lawsuits or investigations start.
Over the past several years, my wife and I have had zero unexplained police calls, nor have police needed to attend our residence. We went on to marry one another even after police kept us apart for over 5 months while young in the relationship. I have fulfilled my debt (?) to society. However, I will always maintain the truth of what went on that day.
I'll always wonder all those years of jail, bail, 24 hour house arrest, and now the year on probation, just why I had no problems, why I kept it straight, no trouble - I mean besides the 52 bulls that come through my door on the hunt for an accused rapist. Maybe someone should have looked at me as a human being caught up in a system, right or wrong, but upholding constitutional values supposed to be guaranteed to us all.
Joseph
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