T.R | Title | User | Personal Name | Date | Lines |
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961.1 | lawyers rule | POLAR::WILSONC | Desperately avoiding a career | Sat Sep 02 1995 02:34 | 20 |
| As long as there are lawyers then the guilty will always have a chance
at being found not guilty.
Think about this: the law says that you are innocent until proven
guilty.
But is it not true that in your every day dealings with strangers one
regards them as a potential threat until it is proved otherwise?
In other words the law says, "take a stranger home with you no
questions asked because this person is presumed innocent."
I say "before I bring a person home with me I want to know that they
are not going to harm me."
The only people who benefit from this skewed logic is lawyers, not
victims not criminals just lawyers.
chris
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961.2 | | TROOA::SOLEY | Fall down, go boom | Sat Sep 02 1995 02:48 | 10 |
| Well I'd be inclined to agree with you if it wasn't for Guy Paul Morin,
ten years ago many people felt the same way about him as they do about
Bernardo today, obviously the evidence against Bernardo is indisputable
and that against Morin, as we now know was not but had the law not made
provision for appeal an innocent man would still be in jail. Now we see
how well the appeals system works, these things are not automatic, as
much as Mr. Rosen might want to pursue an appeal he must produce legal
grounds to do so and right now I can't see it. Morin's lawyers had to
fight very hard for the appeals they got and the evidence there was a
sham, it's unlikely that Bernardo will get any appeals any time soon.
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961.3 | | FSCORE::PATTERSON | Potato chips and C�tes du Rh�ne | Tue Sep 05 1995 08:25 | 5 |
| >> How do you feel about having paid $1 million so far for his trial
and it's continuting <<
If the Crown accused me of something, I'd want them to pay for my
lawyers, too.
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961.4 | Hardly Appealing | KAOFS::N_PIROLLO | | Tue Sep 05 1995 14:40 | 12 |
|
re. -2
"Also heard...
...he's appealing. "
I personally don't find him appealing at all, but I understand
all the groupies hanging around the courtroom every day do..... :-)
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961.5 | Bernado who? | SALEM::BOURNIVAL | | Thu Sep 07 1995 13:19 | 6 |
| Could someone enlighten me on the particulars of the case you are
discussing?? I have not heard of these people (Paul Bernardo &
Karla??). What is it they have done?? 25 to life seems tame for a
first degree case. Thank you
Andre
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961.6 | | KAOT01::M_MORIN | Join the Hull CTH boys' club or lose your privs!! | Thu Sep 07 1995 15:03 | 25 |
| To put it simply:
Victim 1 Kristen French (15 years old):
Forceful confinement (2 weeks or so), rape (all on video), sex slave,
first degree murder, gross indecency to a human body, and all that
can possibly come to mind along those lines, by both Paul Bernardo
and Karla Homolka. Body then cut up, encased in cement, and dumped
in Gibson lake near Welland Ontario.
Victim 2 Leslie Mohaffy (15 yeard old):
Much the same as above. Body wrapped in carpet and dumped in a
garbage dump site near St-Catherines.
Other victims, Jane Doe (fictitious name), rape, etc... she's still alive and OK.
Karla Homolka's sister Tammy, drugged and raped unconscious by both Paul and
Karla, then dies of choking on her own vomit, on X-mas eve about 5-6 years ago.
More accusations coming later apparently.
You get the picture.
/Mario
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961.7 | | LABC::RU | | Thu Sep 07 1995 20:05 | 2 |
|
Does Canada has death sentence?
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961.8 | | POLAR::RICHARDSON | Baddy 48 shoes | Thu Sep 07 1995 22:57 | 1 |
| No we do not.
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961.9 | | TROOA::SOLEY | Fall down, go boom | Thu Sep 07 1995 23:10 | 49 |
| Re: .6
Close enough for government work. Got the names in the wrong order,
moved Gibson lake a couple miles and got the location of the
construction site wrong.
Bernardo is also accused of a long stretch of serial rapes for which he
has yet to stand trial.
Re: .7
Most Canadians will be suprised to discover that the answer to this
question is yes. The death penalty was removed from the criminal code
in 1976, however it is still on the books for some offenses that are
outside the criminal code, primailry under the juristiction of the
Military courts, high treason for example.
Canada also does not have consecutive sentencing, he is under several
sentances, to be served concurrently, the longest of which is life with
no parole for at least 25 years. It's unlikely he would ever recieve
parole, contary to popular belief parole is not automatic and 2 out of
every three prisoners who apply for parole are denied. There are also
other avenues that can keep him in prison, if declared a dangerous
offender he would lose any parole eligability and although it's seldom
used there is a provision in law for a Govenor General's order to be
used to keep such a person where they belong.
The other case mentioned here is that of Guy Paul Morin, 11 years ago a
9 year old girl was kidnapped, raped and killed in a small town called
Queensville. Because it was in what was percieved to be an 'idyllic'
environment the crime got a lot of media attention and the local police
were under a lot of pressure to make an arrest. They eventually settled
on the next door neighbour, mainly because the girls mother took a
dislike to him and insisted he was the killer. There was no real
evidence and during the trial it was revealed that the girls older
brother and his friends had repeatedly raped her over an extended
period leading up to the killing yet the neighbour was convicted and
sent up for 25 to life. After three trials and ten years in prison
the crown was preparing to defend against a parlimentary review of the
case (morin had exhausted his appeals and his only hope was to convince the
parliment to overturn his sentence, there have been several recent
cases where this has happened) when they tested some of the evidenence
for DNA match to Morin and oops, guess what kids it wasn't him after
all. Canadians already have the blood of one now known innocent man
hung for murder on our hands and I for one am glad there is no risk of
that repeating itself. For every Clifford Olson and Paul Bernardo there
is a Guy Paul Morin or Donald Marshall.
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961.10 | | TROOA::COLLINS | Occam's Liquid Soap | Fri Sep 08 1995 08:06 | 9 |
|
.9
Note that Section 717 of the Criminal Code *does* allow for consecutive
sentencing; however, it is rarely used in Canada, and he would still be
*eligible* for parole after 25 years, even if he was sentenced to 175
years (which is what he could conceivably receive for the 9 crimes he was
recently convicted of).
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961.11 | Bernardo blackout?? | SALEM::BOURNIVAL | | Fri Sep 08 1995 09:56 | 8 |
| And she only received two years!!!! I'm amazed they both did not
receive life without possiblity of parole. This must be the case that
the Canadian government/legal system kept under wraps during the trial.
Well better that then the type of publicity that the O.J. Simpson trail
is famous for. Is all the information on the Bernardo case now
available to the public?? What has your media produce at this point?
Interesting differences between the two trials.
Andre
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961.12 | | KAOT01::M_MORIN | Join the Hull CTH boys' club or lose your privs!! | Fri Sep 08 1995 10:36 | 14 |
| Karla got 12 years in return for plea-barganing of guilty and with the condition
that she testify against Paul when his trial came up.
Her trial was 2 years ago and it's details were not revealed until Paul's
trial. The internet was useful in getting some info though during that time.
Although she will be eligible for parole after 4 years (2 years from now), I
also doubt that it will be granted.
One good thing in comparison to the O.J.trial, trials in Canada cannot be
televised for everyone to see and scrutinize. The O.J. trial has become
a farce in my view and is dragging on way too long.
/Mario
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961.13 | circus | SALEM::BOURNIVAL | | Fri Sep 08 1995 15:26 | 11 |
| Mario,
I agree. The O.J. trial has become a farce. I believe they should
record the trial first and, after sentencing, if they really must view
this then it can be made public. The circus that was once a trial
should point that out. The recorded trial could serve to preserve
testimony as well as evidence for the future. Strangely I find myself
against the death penalty but feel life in prison for some hideous
crime should mean life in prison.........period.
Feels good to vent. Andre
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961.14 | Where's Wyatt Earp when you need em' | OTOOA::RANGER | | Mon Sep 11 1995 10:07 | 56 |
|
Karla could be out in two years, she'll have a university degree
from Queens paid for by you & me. A lot of ordinary folks can't
even afford to go to Queens. Although this wouldn't make a lot
of sense, what does nowadays anyway?
The Ontario goverment is apparently going to review her plea bargain.
But they'll probably come up with the classic "unfortunetely there's
nothing we can do about it, the charter of rights provisions prohibit
us from being intelligent at this time" & there she'll go, maybe write
a book even though her present plea bargain prohibits her from doing
so. She'll find some kind of loop hole to crawl through.
Killing people seems to be a lucrative business in this country.
Didn't Clifford Olsen get something like $100,000.00 for revealing
the whereabouts of the young people he killed. Was justice served
by this? Did this bring those people back from the grave. What
kind of lame minds our handling our justice system.
Aren't we in society, just as guilty of letting the present
justice system carry on the way it does. Shouldn't we pressure our
goverments to re-instate the death penalty & most importantly,
to use it expediently when evidence is irrefutable as was in
this case.
Canada's justice system, just a slighter shade of pale compared
to our neighbors to the south's "Night Court" style of justice.
Maybe it's time to take the blindfold off of the statue's eyes.
Nick Battersby's killer got 5 years. For those who don't remember who
Nick was, he was a 27 year old engineer hand picked by BNR to work
in their Bells Corners, Ontario research location. He was writing his
second book on electronics.
He was walking down Elgin street in Ottawa in the early evening when
a bunch of yahoos drove by and gunned him down in a random shooting
incident. Five years! The police detective said it could have been
anybody, unfortunately these kids killed a somebody.
What K. Homolka & P. Bernado did was well beyond committing a crime.
In their acts, they have desecrated every human value we hold as a
society and for this they should be put to death. Anything short of
that condemns us to being as barbaric as the killers we breed.
The whole plea bargain system needs to be re-evaluated & re-designed.
The privilege of parole should be earned and granted to people who
can truly be rehabilitated. I don't think Holmoka or Bernado fit that
script.
my $0.02 worth...
Regards J.P.
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