GUILTY Canada - Marie-France Comeau, 37, & Jessica Lloyd, 27, slain, Ont, 2009 & 2010 - #3

[flipflop]

http://www.intelligencer.ca/ArticleDisplay.aspx?e=2562100

This link has already been posted, but I wanted to point out the comment below the article.

 

[Summersolstice]

Scroll down for it:

http://www.aidwyc.org/cases/

Notice any resemblance to cases now before the courts?

 

[Summersolstice]

BBM:

He could not get a transfer, the civilian justice system has jurisdiction over the military. Also, serious offenders in the military with sentences longer than 2 years are transferred to the Canadian federal prison system after serving 729 days in a military prison, to complete their sentence. He's also been relieved of his duties and if he is convicted, he will be discharged from the military anyway, so there would be no way for him to apply for a transfer (even if it was possible, which it's not).

I think that the "time served" rule has recently been changed and that the courts may only count on a one-for-one basis, unless “the circumstances justify” granting the prisoner 1 1/2 days for every day in custody





The government is in the process of repealing the "faint hope clause", so by the time RW is even eligible to apply it will no longer exist.

Thank you for the information about military transfer rules.

Time served before sentencing is still double time elsewhere in Canada. Again, is it one of those rules that apply at the time of the charge? I assume this trial will be a federal court, rather than provincial?

Would the Faint Hope Clause still apply to those charged/found guilty before it's repealed? I know that charges laid for old crimes are subject to the laws in place at the time of a crime. Would this apply to the FHC, too?

 

[Summersolstice]

Thanks so much, NBG, for your always helpful professional input.

If convicted, RW would likely get the 25 year maximum sentence for each murder. In Canada, these are almost always served concurrently, but there's still the slight possibility that they could be served consecutively - meaning a total of 50 years for the two charges.

And then, is it not possible that he will be designated a "dangerous offender", as was PB? With the multitude of charges against him now, and probably more to come, I think that this could happen. If I understand this correctly, all he would need would be one more conviction of a violent or sexual offence (unless some or all of the 82 current charges already qualify for that category). If he gets this designation, he may be "subjected to an indeterminate prison sentence".

"Under current legislation, the Crown must prove that the individual qualifies as a dangerous offender; the proposed amendment would reverse the onus for individuals convicted of three violent offences– they would have to prove that despite the three convictions, they do not qualify as dangerous offenders."

http://en.wikipedia.org/wiki/Dangerous_offender

I do not recall anyone in Canada in recent history serving consecutive terms for murders. Can anyone provide such an example?

 

[Sillybilly]

Time served before sentencing is still double time elsewhere in Canada. Again, is it one of those rules that apply at the time of the charge? I assume this trial will be a federal court, rather than provincial?

<snip>

The "Truth in Sentencing Act" that deals with time served is as set out by nbg above, and came into effect February 22, 2010 ... it is not retroactive

Murder is not a provincial offence. It is punishable under the Criminal Code of Canada and the trial would be held in the Supreme Court of Ontario. Any appeals of a verdict would be in the Ontario Court of Appeal with final leave to appeal to the Supreme Court of Canada.

 

[Sillybilly]

Time served before sentencing is still double time elsewhere in Canada. Again, is it one of those rules that apply at the time of the charge? I assume this trial will be a federal court, rather than provincial?

<snip>

The "Truth in Sentencing Act" that deals with time served in pre-trial custody is as set out by nbg above, and came into effect February 22, 2010 ... it is not retroactive .. therefore, my interpretation is that it will not apply to RW because he was charged Feb 7 (iirc) and thus in pre-trial custody before Feb 22.

Murder is punishable under the Criminal Code of Canada and is not simply a provincial offence. The trial would be held in the Supreme Court of Ontario with any appeals of a verdict being held in the Ontario Court of Appeal. Final leave to appeal is with the Supreme Court of Canada.

 

[nobodyzgirl]

<snip>

The "Truth in Sentencing Act" that deals with time served in pre-trial custody is as set out by nbg above, and came into effect February 22, 2010 ... it is not retroactive .. therefore, my interpretation is that it will not apply to RW because he was charged Feb 7 (iirc) and thus in pre-trial custody before Feb 22.

Murder is punishable under the Criminal Code of Canada and is not simply a provincial offence. The trial would be held in the Supreme Court of Ontario with any appeals of a verdict being held in the Ontario Court of Appeal. Final leave to appeal is with the Supreme Court of Canada.

BBM:

SB - I think you mean the Supreme Court of Canada, there is no Supreme Court of Ontario anymore, it's now called Ontario Superior Court.

The "time served" during custody is really at the discretion of the judge, and if the media is correct and he's going to plead guilty, he'll get the maximum sentence and won't be able to appeal any decision that is handed down. I suspect his stay in prison will be short lived because I can see him actually attempting and suceeding at suicide once sentencing is done - though that's just MOO.

 

[dotr]

http://www.thestar.com/news/canada/article/805300--accused-colonel-kept-tabs-on-police-probe

Today's paper although dated May 5

 

[antiquegirl]

http://www.thestar.com/news/canada/article/805300--accused-colonel-kept-tabs-on-police-probe

Today's paper although dated May 5

Thanks, dotr. I just finished reading this article in the actual newspaper.

Since joining WS just over a year ago, I have closely followed four Ontario cases: Tori Stafford's, Mariam Makhniashvili's, Jessica Lloyd's, and Deborah Rashotte's. I read every single media report multiple times and have made close to 3000 posts. (DR's sad situation was eventually ruled a tragic accident and therefore is ruled out of the equation IMO. In the case of MM, there are unfortunately no suspects.)

Today's article in The Star again reminded me of something I consider significant: That is, that far more information has emerged publicly about this investigation and the suspect than any of the above cases - most notably, the VS case (even before the publication ban). A veritable encyclopedia of facts, professional and personal details about the accused, and details about the crimes have been made public. A book deal has already been signed and is in the works. Even the word "alleged" has seldom cropped up.

Both LE and the Armed Forces have been relatively forthcoming about releasing what evidence has been discovered, how is was discovered, and where. Extensive history of the accused's professional and private lives has been out there for public consumption and is ongoing. No secrets have been (apparently) kept about his demeanor, his suicide attempt, his suicide note, or his expected plea of guilty.

It doesn't appear that any of the media has even the slightest fear of possible future libel suits or that LE is at all worried about a tainted jury or a mistrial to come. Contrast all this with the secrecy and ban surrounding the VS case - a case that also has suspects in jail and about to face at least one trial. Virtually nothing has been made public about that case - not during the investigation, nor since the arrests.

So, how can there be even the slightest doubt about this man's confession, his guilt, or the future outcome of what is sure to be a guilty plea? I know I have none ... none whatsoever.

JMO

 

[Sillybilly]

BBM:

SB - I think you mean the Supreme Court of Canada, there is no Supreme Court of Ontario anymore, it's now called Ontario Superior Court.

The "time served" during custody is really at the discretion of the judge, and if the media is correct and he's going to plead guilty, he'll get the maximum sentence and won't be able to appeal any decision that is handed down. I suspect his stay in prison will be short lived because I can see him actually attempting and suceeding at suicide once sentencing is done - though that's just MOO.

<bbm>

Sorry, it's been a while .. they changed it without telling me ?? !!

Okay then, if it's just a matter of a name change from SCO to OSC, is it not still correct that the trial itself would be held in the OSC rather than the SCC, with leave to appeal on up to the SCC?

Havent' had time to read it all, but my understanding with the new law is that the judge's discretion is now limited to circumstances of the case.

ITA with you nbg that RW will probably suicide somewhere along the line. I wonder if he'll go into GP. With his superiority attitude, that should be interesting.

 

[Summersolstice]

<bbm>

Sorry, it's been a while .. they changed it without telling me ?? !!

Okay then, if it's just a matter of a name change from SCO to OSC, is it not still correct that the trial itself would be held in the OSC rather than the SCC, with leave to appeal on up to the SCC?

Havent' had time to read it all, but my understanding with the new law is that the judge's discretion is now limited to circumstances of the case.

ITA with you nbg that RW will probably suicide somewhere along the line. I wonder if he'll go into GP. With his superiority attitude, that should be interesting.

Suicide is such an interesting topic when it comes to the military.

 

[nobodyzgirl]

<bbm>

Sorry, it's been a while .. they changed it without telling me ?? !!

Okay then, if it's just a matter of a name change from SCO to OSC, is it not still correct that the trial itself would be held in the OSC rather than the SCC, with leave to appeal on up to the SCC?

Havent' had time to read it all, but my understanding with the new law is that the judge's discretion is now limited to circumstances of the case.

ITA with you nbg that RW will probably suicide somewhere along the line. I wonder if he'll go into GP. With his superiority attitude, that should be interesting.

Don't you hate it when they change the names of the courts and then don't bother to tell you about it! LOL

You are correct, the trial would be heard at the superior court level, then appealed into the Ontario Court of appeals, and then the final appeal would be heard at the Supreme Court.

It will definitely be interesting to see whether he goes into GP or not and which federal prison he'll eventually be housed in. The more I read about him the creepier he becomes.

 

[flipflop]

http://www.thestar.com/news/canada/article/805300--accused-colonel-kept-tabs-on-police-probe

Today's paper although dated May 5

WOW, I cannot believe the amount of info that is being released regarding this case. I agree with AG when comparing this case with VS case. EVERYTHING and anything was so tight lipped in the VS case. After reading the above article, EVERYTHING AND ANYTHING is written in the media for public display. This tells me that there is alot more to the story in the VS case, we actually know nothing (except that VS was walking away with the woman in the white coat and was discovered just outside of Mt.Forest.)
We have heard alot of rumours...seen at home depot, seen at carwash, driving in MR's car, she was taken for drug debt and about another 100 to go along with these ones)
We have had no updates on how TLM or MR are even coping in jail, but we are hearing lots about RW...suicide attempt, hunger strike, etc.
The RW case, we pretty well know everything: from him sending condolences to his victims families, to how he broke into homes, what he took and did inside the homes, what he said to the women that he raped, etc. We know alot of details on this case.

The most chilling of the documents released is perhaps Williams&#8217; letter of condolence to the Comeau family, offering help during this &#8220;very difficult time.
What a ! I cannot imagine how her family must feel after they receive a caring email and then find out it was himself - RW that murdered their daughter.

The message was marked &#8220;significant occurrence&#8221; and kicked off a stream of messages that would keep Col. Russ Williams, her commander at Canadian Forces Base Trenton, abreast of the unfolding police probe, one that would lead months later to his stunning arrest
This makes me wonder what type of info and how much info he received on the investigation surrounding her death. He really must have felt untouchable with receiving updates from LE on the investigation.

Thank GOD he had unique tires on his pathfinder, if not this monster could still be at "it" and who knows how many other threads we would have started on his future victims.

Two more things...I wonder what reason he gave as to why he could not attend MC's funeral?
The date is confusing me with this : Word of Cpl. Marie France Comeau&#8217;s murder arrived in her alleged killer&#8217;s inbox at 12:13 a.m. on Nov. 26, 2009. She was found slain in her home on Nov 15th (or do I have the wrong date)

Wrong date printed...
http://www.thestar.com/news/gta/article/762518--events-leading-to-col-russell-williams-arrest this is the link that I found the wrong date of Nov 15th.

 

[Macright]

Marie Comeau's body was discovered Nov. 25/09..

 

[LilyMacBloom]

Wow, I'm slightly stunned. I heard on the news a snippet of the link you posted Dotr (thankyou) and after reading the above link. I'm beginning to think part of the differance between the Col and TLM/MR is that the Col himself kept impeccable <spck records, which apparently seem to be available for public/reporter/viewing/knowledge.

I also can't help but make note of the differance in (how to put it) affluence/lifestyle??? between the two cases.

It is very interesting and intriguing how diff things are/have been handled.

Hats off to those of you for keeping your own immpecable records on this, you've done a great job.

 

[Macright]

I think this crime is a first for the military where someone in such high command is charged with murder etc. The only other crime of any importance, with regards to military that I can think of is the Stephen Truscott crime back in the 60's of which he was eventually cleared and rightly so.

I am very surprised that the Toronto Star has obtained access to emails etc. from RW computer. especially one from his work..I would hope any sensitive info would have been cleaned by military security. It almost makes me think that the military is somehow responsible for this info being leaked out to general public and I believe there is a reason behind it. He is being shown as acting and going about his daily routine as normal after his nightly adventures. Who would have thought......

 

[dotr]

2) If Col. Russell Williams, the former base commander of CFB Trenton, proceeds to trial on his numerous criminal charges, can his attempted suicide be introduced as part of the prosecution's case?

http://www.ctv.ca/servlet/ArticleNe...even-skurka-column-100503/20100503?hub=Canada

 

[Summersolstice]

I think this crime is a first for the military where someone in such high command is charged with murder etc. The only other crime of any importance, with regards to military that I can think of is the Stephen Truscott crime back in the 60's of which he was eventually cleared and rightly so.

I am very surprised that the Toronto Star has obtained access to emails etc. from RW computer. especially one from his work..I would hope any sensitive info would have been cleaned by military security. It almost makes me think that the military is somehow responsible for this info being leaked out to general public and I believe there is a reason behind it. He is being shown as acting and going about his daily routine as normal after his nightly adventures. Who would have thought......

All a little too convenient?

 

[Sillybilly]

Just a couple of observations on the RW email:

Marie France Comeau was found deceased around noon Nov 25, but RW received an email !! notifying him at 12:13 am Nov 26.

I notice in his Nov 26 response (looks like 6:41 am), at the bottom it says "sent from my wireless handheld device".

 

[antiquegirl]

There has been an increasingly large number of short and/or cryptic posts that don't state their point. I'm not a mind reader and I don't have time to re-read all the previous posts to try to figure out what people are trying to say if they don't actually say it. This has become so frustrating that I basically ignore posts such as these and obviously cannot form an opinion or post a response. :waitasec:

Is it too much to ask that members state their opinions, their points, or their conclusions to clarify for the rest of us? TIA

JMO