Canadian hostage, wife & children freed from Afghanistan, husband arrested for abuse, Oct 2017 #2

[Intermezzo]

Judy Trinh@JudyTrinhCBC OCT 2, 2019 Closing Arguments Day 3 (morning)

Crown could wrap its concluding arguments in the domestic violence trial of Joshua Boyle Wednesday. (Oct 2) But an extra day has been slated just in case
10:03 AM · Oct 2, 2019

Crown on list testimony: “These are not draft suggestions. These are rules. Mr. Boyle’s conclusion is ...in service of a narrative tied to fiction”
10:23 AM · Oct 2, 2019

Crown: If Boyle was doing his best to cope with Coleman’s mental health issues then her mental health would be a principle concern in their relationship. (The list) “is about his gratification not Caitlan Coleman’s well being”
10:26 AM · Oct 2, 2019

Coleman has previously testified that rules included the number of times she has to bring Boyle sexual gratification. The word “spent” is written on the list. Boyle testified that referred to budgeting
10:32 AM · Oct 2, 2019

The list was written in Dec 2017. Boyle testified that he wanted to divorce Coleman at the time. Crown says that’s not true. If he wanted to divorce her- why did he want her to lose weight on “his schedule” “This is not about her well being, it is about control”
10:42 AM · Oct 2, 2019

Crown says burning 750 calories a day could equate to weight loss of 2.5lbs/week. It’s a measureable rule- if Coleman didn’t achieve it - Boyle “could mete out punishment” The list of “rules” for Coleman includes asking for chastisement
10:44 AM · Oct 2, 2019

Crown: the broom incident is an example of rules in action. Coleman testified that on Dec 27/2017 Boyle told her he failed to meet the standard of bringing him sexual satisfaction enough times and should be chastised. He asked her to choose what he should use
10:46 AM · Oct 2, 2019

Crown: Coleman chose a broomstick - because she felt it would hurt the least. This was not done with her consent, done for “punishment” -for failing to live up to Boyle’s code. Boyle testified she asked for it and it was light swats
10:48 AM · Oct 2, 2019

Crown now pointing out inconsistencies in Boyle’s testimony of the day Caitlan Coleman fled their apartment on Dec 30. She fled in sock feet down the back fire escape of their Ottawa apartment. Here’s what it looks like in summer.

Joshua Boyle testified that after realizing his wife left through back door and ran up stairs to neighbours door- he went out to give her a coat and boots. Boyle also testified she was screaming that she wanted to take her own life.
11:05 AM · Oct 2, 2019

As Crown is rebutting his testimony - Joshua Boyle get up out of his seat, walks a few steps forward to hand his defence lawyer a note. Then continues to take notes.
11:07 AM · Oct 2, 2019

My observations only. I’m sitting across the aisle from Joshua Boyle. But when he is not writing- his hand shakes in a vibrato / consistent quick pulse motion as it rests on his pad of paper. He takes copious notes.
11:14 AM · Oct 2, 2019

Crown contends that Boyle did not seriously believe Coleman was suicidal. That he made up the story to protect himself during the 911 call. “To divert police” and keep himself from suspicion
11:33 AM · Oct 2, 2019

Crown talks about a letter that Boyle wrote about his belief that a husband has “some minor right“ to force sex of his choosing on his wife. This letter was not entered into evidence.
11:36 AM · Oct 2, 2019

Crown tells judge says this speaks to sex assault charge against Boyle. He believes he has a right to force sex in his wife. And calls into question Boyle’s assertion that the couple’s sexual activity was consensual. Coleman said it was not
11:39 AM · Oct 2, 2019

 

[Intermezzo]

Judy Trinh@JudyTrinhCBC OCT 2 2019 Closing Arguments Day 3 (afternoon)

Crown says Boyle’s version of events is “simply a lie” not an honest mistake.
12:12 PM · Oct 2, 2019

Justice Peter Doody is questioning Crown’s characterization of Boyle’s story as a “lie”. Doody: “Just because she (Coleman) denied it? This is for the most part a he-said she-said case.
12:14 PM · Oct 2, 2019

I asked Defence for clarification on the Boyle letter where he wrote a husband has minor right to force sex on his wife. Greenspon says the letter is not an exhibit but crown questions and Boyle’s answers about letter contents was allowed
12:41 PM · Oct 2, 2019

Crown is rebutting defence characterization of Coleman’s personality. Defence said she was “manic” Crown says Coleman describes herself as having “highs and lows” all tied to Josh. Not manic
2:41 PM · Oct 2, 2019

Boyle has painted Coleman- as an unfit mother. In court he said that while they were held captive in Afghanistan she struck one of their children as much as 40x a day. Crown says he’s making it up. Judge agrees that other than Boyle’s words there was no evidence of such violence
2:56 PM · Oct 2, 2019

This is a rebuttal of defence assertion that on Dec 27 Coleman asked to be spanked with a broom because she felt bad and wanted to be “chastised” for shoving gone of their kids. Crown says that shoving never happened
2:59 PM · Oct 2, 2019

Crown acknowledges Caitlan did testify that she had in the past “asked to be spanked” to blunt the amount of force Boyle would use. Crown Meghan Cunningham: “That is not consent” and that is not what happened on Dec 27. 2017 says Crown.
3:03 PM · Oct 2, 2019

At this point of crown’s closing- Boyle gets up to hand his defence team another note
3:04 PM · Oct 2, 2019

Crown: “That is not consent - it’s acquiescing to the inevitable use of force to minimize the damage. Caitlan Coleman did not want to be spanked” Boyle testified he half heartedly swatted her with a broomstick Dec 2017 b/c she asked for it
3:10 PM · Oct 2, 2019

Coleman testified Boyle struck her w/ broomstick across buttocks b/c she failed to satisfy him sexually. Boyle says she asked for “chastisement” b/c she felt bad for shoving one of their sons
3:13 PM · Oct 2, 2019

Crown points out contradictions in Defence explanation about why Coleman running from Boyle on Dec 30/2017. Defence argued that Coleman ran off in a suicidal state, yet also posited that she was executing a long planned scheme to escape to the US with her children.
3:24 PM · Oct 2, 2019

Crown recaps Coleman’s testimony that she realized she wouldn’t be able to be with her children if she stayed with Joshua Boyle. He was limiting her time with the children. While her mom was in town, she fled w/ $20 in bra and grabbed the children’s passports.
3:30 PM · Oct 2, 2019

Crown says defence assertion that Coleman was planning to take sole custody of children as part of a long plan doesn’t make sense. She reported him to police on Dec 2017- but didn’t file for custody until May2018 when Boyle was seeking bail. Crown: This shows her fear.
3:38 PM · Oct 2, 2019

It’s the crown’s submission that Boyle’s characterization of Coleman’s mental health issues is NOT true. Crown says her mom and sister who visited her in Ottawa did not see any of the volatility in Coleman that Boyle describesd
3:43 PM · Oct 2, 2019

During the crown’s closing today - Boyle has got up several times to hand the defence team handwritten notes. Crown says defense argument that Coleman is “inserting” memories relies on the myth that a victim can confuse what is consent in a sexual act
4:11 PM · Oct 2, 2019

Crown: “It’s a fundamentally different act” A sexual assault is a significant violation of a persons’s personal dignity and autonomy. Does not require violence. Sexual assault is an act of power/ aggression and control. Results when personal autonomy is taken from you.
4:13 PM · Oct 2, 2019

Defense argument that Coleman inserting memories about her sexual assault is logically flawed. Coleman testified that she agreed to vaginal sex, then resisted when he tried to anally penetrate her. She testified he then struck her on the face and said U in December 2017.
4:23 PM · Oct 2, 2019

 

[Intermezzo]

Joshua Boyle believed he had right to 'force sex' on his wife: Crown Oct 2, 2019

Joshua Boyle believed he had right to 'force sex' on his wife: Crown

Joshua Boyle revealed his criminal state of mind when he wrote that “a husband has some minor right to force sex of his choosing on a wife,” a Crown attorney has charged.

In his closing argument Wednesday, Crown attorney Jason Neubauer said the statement — made in a letter from Boyle to his wife — reflected his belief that he could have sex with Caitlan Coleman without her consent.

In his testimony, Boyle said the statement in the letter was made in the context of the couple’s BDSM relationship, not as a general principle.

The letter has not been entered as an exhibit at the trial.

Neubauer also told court Wednesday that it’s the prosecution’s theory that Boyle never intended to divorce Coleman but told that story as part of a broader, false narrative. The couple’s time in Ottawa, following their rescue from captivity in October 2017, was marked by Boyle’s increased domination of Coleman, he said.

Neubauer argued that Boyle had no intention of leaving Coleman since the relationship served his own “selfish purposes.” “His conduct showed an escalation, an assertion of control over her, a subjugation of her, not a distancing from her. It was not Stage One of a separation, not at all. “

Neubauer argued Boyle’s testimony was “plainly unbelievable” given that 12 instructions on the list included the word “must.”

“These aren’t draft suggestions. These are directions. These are rules,” Neubauer told court.

“If his evidence is true, that he was checking out of that marriage, why would he be so interested in Ms. Coleman losing weight at all? Let alone on a schedule or on a schedule of his choosing? That doesn’t make sense.”

What makes sense, he said, is that the weight loss schedule was a tangible way for Boyle to continue to exert control over Coleman and her body. “It provides him a yardstick with which to mete out punishment,” Neubauer said.

Closing arguments in the trial are to conclude Thursday.

 

[Intermezzo]

Domestic abuse case of former hostage Joshua Boyle now in judge's hands OCT 3, 2019

Domestic abuse case of former hostage Joshua Boyle now in judge's hands

two years after their rescue by Pakistani forces, their fates are again intertwined as a trial judge decides who is telling more of the truth: Coleman or Boyle.

Boyle’s domestic abuse trial concluded Thursday, leaving the case in the hands of Ontario Court Justice Peter Doody. The judge will deliver his verdict Dec. 19.

If he decides Coleman’s story of emotional and physical abuse is mostly credible, Boyle will be found guilty of related criminal charges. If, however, the judge finds that Boyle’s blanket denials and his story of Coleman’s violent fits raise a reasonable doubt, he’ll be acquitted.

To hear Coleman tell it, Boyle was a cruel and controlling husband who tricked her into travelling to Afghanistan, confined and abused her in captivity, then beat and sexually assaulted her upon their return to Ottawa. Coleman has told U.S. interviewers that she was more afraid of Boyle than her captors.

According to Boyle, he was an altruistic and caring husband who did his best to manage his wife’s raging mental illness and violent fits while carrying the burden of caring for their children. He maintains he has been falsely accused.

Both Crown and defence counsel said the case should be decided primarily on the testimony of Boyle and Coleman.

There’s little physical evidence in the case — evidence of serious bruising or other injuries — and no independent eyewitness to the alleged crimes.

Justice Doody has expressed a degree of exasperation with that state of affairs.

Greenspon said Coleman’s testimony offered a portrait of a woman with a constellation of psychiatric issues that began in her early 20s and worsened over time. Those problems, Greenspon said, led to anxiety attacks, or fits, that could give rise to reality lapses, blackouts, and invented or inserted memories that make her testimony unreliable.

Cunningham, however, urged Doody not to assume that abused women should be able to recall every element of a traumatic event. Instead, she said, the judge should examine the reasons for Coleman’s “fuzzy” memories. What’s more, Cunningham argued, the memories about which Coleman was certain offer more than enough evidence to convict Boyle.

 

[Intermezzo]

Laurence Wall@LaurenceWall CBC News Radio

Judge will hand down his decision Dec. 19th in domestic assault trial of former #Afghanistan hostage Joshua Boyle. He's accused of assaulting his wife after their release in 2017. http://cbc.ca/1.5307896 #ottnews

 

[bears10]

canadian-joshua-boyle-taliban-hostage-trial-closing Sept 30, 2019

Lawyers for former Taliban hostage say he’s ‘not easy to like’ but didn’t abuse wife
In closing arguments, Joshua Boyle’s defence attempted to smooth out the damaging parts of his testimony

Joshua Boyle’s legal team suggested on Monday that, while their client could be frustrating “to the point of infuriating”, these personal deficiencies should not be construed as guilt.

“He is not easy to like. He is not a conventional … by society’s so-called ‘norms’,” said lawyer Lawrence Greenspon. “But [Boyle] is a person who tells the truth, even if it’s not to his own advantage.”

Caitlan Coleman, and her mother Linda, participated in the proceedings through video link at the Canadian embassy in Washington DC.

During closing arguments on Monday, Greenspon highlighted parts of Boyle’s testimony which he admitted were damaging for the accused.

Boyle admitted to criticizing his wife, fighting often, and striking her once while the two were in captivity, said Greenspon.

“He told the truth … where adopting a different path would have been much simpler,” he said.

“There is no eyewitness or physical evidence to corroborate any of the 19 charges [against Boyle],” said Greenspon, suggesting the American had provided testimony that had only “mild corroboration”.

Under examination by the crown, Coleman described feelings of inadequacy both in captivity and while the couple lived in Ottawa.

“I struggled with shame … he was telling me I wasn’t a good enough wife. I felt like I couldn’t possibly be the person he’s always demanding,” said.

The prosecution will rest its case in the coming days. Boyle has opted for the trial to be overseen by a judge only.

Is it typical in Canada for a defendant to decide who their trial is overseen by? Does this mean he chose for just a judge to decide vs a jury of his peers? If that’s the case, Of COURSE JB is going to choose for just a judge to oversee his trial. He’d only have to fool one person (judge) instead of a panel of every day people (if that’s how Canadian trials work) who would very possibly see right through his BS. Not to mention his dad is a judge. Just sayin.

 

[Intermezzo]

Is it typical in Canada for a defendant to decide who their trial is overseen by? Does this mean he chose for just a judge to decide vs a jury of his peers? If that’s the case, Of COURSE JB is going to choose for just a judge to oversee his trial. He’d only have to fool one person (judge) instead of a panel of every day people (if that’s how Canadian trials work) who would very possibly see right through his BS. Not to mention his dad is a judge. Just sayin.

We have the constitutional right under the Canadian Charter of Rights and Freedoms and also under the Criminal Code of Canada to a jury trial.
The accused has the right to waive a jury trial for a trial by judge BUT there are offenses that do not allow this and the trial must be a jury trial.

If I remember correctly in the US there is a provision for an accused to elect a bench trial BUT there are certain requirements that must be met. I haven't lived in the US for a many years and I would have to look that up to refresh my memory on this.

 

[Intermezzo]

Prosecutor asks judge to find ’cruel’ Joshua Boyle guilty of assaulting wife Oct 4, 2019

Prosecutor asks judge to find ’cruel’ Joshua Boyle guilty of assaulting wife

OTTAWA — Former hostage Joshua Boyle used a calculated mixture of kindness and cruelty to ensnare his wife Caitlan Coleman in an emotional web, a Crown attorney said Thursday in urging a judge to find him guilty of assault.

Prosecutor Meaghan Cunningham told Ontario Court Judge Peter Doody that Coleman’s credible evidence against Boyle is bolstered by other testimony and documentation that paints him as a controlling, dominant husband who instilled fear.

Boyle’s trial concluded Thursday, though written submissions from each side on certain legal points will be made later this month. Doody said he will deliver a verdict in the case Dec. 19.

 

[Satchie]

Is it typical in Canada for a defendant to decide who their trial is overseen by? Does this mean he chose for just a judge to decide vs a jury of his peers? If that’s the case, Of COURSE JB is going to choose for just a judge to oversee his trial. He’d only have to fool one person (judge) instead of a panel of every day people (if that’s how Canadian trials work) who would very possibly see right through his BS. Not to mention his dad is a judge. Just sayin.

If the charge carries a maximum sentence of less than 5 years (like a single charge of assault), then it will be tried by judge alone. If it is one of the most serious crimes, like murder, attempted murder, etc then it must be tried by judge and jury. For the in-between cases, the defendent can choose. I think since this is multiple charges, the sentence could add up to more than 5 years.

Not all defendents choose trial by judge: the lawyer may believe the defendent can appeal to the jury's sympathy, whereas the judge might be more of a letter-of-the-law type. Also, I think there can be more avenues for appeal in a jury trial where the judge must carefully instruct the jury. Here's a multiple sexual assault case where the defendent's elected trial by judge and jury. Hedley frontman Jacob Hoggard’s case to be heard by judge and jury if it goes to trial

 

[bears10]

If the charge carries a maximum sentence of less than 5 years (like a single charge of assault), then it will be tried by judge alone. If it is one of the most serious crimes, like murder, attempted murder, etc then it must be tried by judge and jury. For the in-between cases, the defendent can choose. I think since this is multiple charges, the sentence could add up to more than 5 years.

Not all defendents choose trial by judge: the lawyer may believe the defendent can appeal to the jury's sympathy, whereas the judge might be more of a letter-of-the-law type. Also, I think there can be more avenues for appeal in a jury trial where the judge must carefully instruct the jury. Here's a multiple sexual assault case where the defendent's elected trial by judge and jury. Hedley frontman Jacob Hoggard’s case to be heard by judge and jury if it goes to trial

thank you and @Intermezzo for explaining!!

 

[MsFacetious]

I wish he'd deliver the verdict in January. I'm afraid it's going to ruin Caitlan's holidays with the kids.

 

[EvilOlivE]

I have been fascinated by this case for a while. He seemed to me like a sociopath/narcissist even before the arrest happened.

 

[Intermezzo]

Dec 19 is the day
9 more days before the Judge hands down his decision.

I believe this is a new interview Caitlan did with the Fifth Estate that aired on Nov 10. 2019
I haven't seen this one before.

The Fifth Estate
Captive: Caitlan Coleman vs. Joshua Boyle

In a Canadian exclusive, Caitlan Coleman tells the dramatic story of her relationship with estranged husband Joshua Boyle. The home-schooled, Star Wars-loving woman spent five years in captivity with her husband in Taliban-controlled Afghanistan and other locations in the region, giving birth to three children while held captive. After their escape and return to Canada, Coleman alleges her husband became her captor. The 19 charges against Joshua Boyle include assault, sexual assault and unlawful confinement. He has pleaded not guilty to all 19. The Fifth Estate investigation follows the Coleman vs. Boyle court case and presents the experience through the eyes of the alleged victim. A verdict in the case is scheduled for mid-December.

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[Intermezzo]

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In the interview Caitlan and her dad recount how Joshua refused to board the military flight out of Pakistan.
They recount how Seal Team 6 was waiting with their helicopter to fly the family out but that Joshua tells Caitlan they were not going with those guys. Caitlan says Joshua believed the US forces were out to get him, that they were going to arrest him and put him in prison.
So instead they fly via commercial airline to Canada.

This unusual person REFUSED the help of Seal Team 6!!!! 5 years in captivity and he was given the opportunity to fly directly home and to family with the most elite force team in the US military and JB decides to fly commercial!!

 

[TruthIsStranger]

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In the interview Caitlan and her dad recount how Joshua refused to board the military flight out of Pakistan.
They recount how Seal Team 6 was waiting with their helicopter to fly the family out but that Joshua tells Caitlan they were not going with those guys. Caitlan says Joshua believed the US forces were out to get him, that they were going to arrest him and put him in prison.
So instead they fly via commercial airline to Canada.

This unusual person REFUSED the help of Seal Team 6!!!! 5 years in captivity and he was given the opportunity to fly directly home and to family with the most elite force team in the US military and JB decides to fly commercial!!

This gross, slimy, loser monster pig makes me SICK! I swear, the thought of him touching me or lusting after me--UGH! Being at his mercy? Having his babies? Planning interesting "sexy time" for him? Giving him however many Os a week he required? Then being punished by him by sleeping in a toilet stall for months? I would have wanted to literally kill him. In fact, I would rather be in a cell with Ted Bundy or Bill Cosby or Larry Nasser (provided they didn't outright rape or kill me) than that guy. I hope he's punished to the fullest extent of the law.

 

[Satchie]

This gross, slimy, loser monster pig makes me SICK! I swear, the thought of him touching me or lusting after me--UGH! Being at his mercy? Having his babies? Planning interesting "sexy time" for him? Giving him however many Os a week he required? Then being punished by him by sleeping in a toilet stall for months? I would have wanted to literally kill him. In fact, I would rather be in a cell with Ted Bundy or Bill Cosby or Larry Nasser (provided they didn't outright rape or kill me) than that guy. I hope he's punished to the fullest extent of the law.

I feel so sorry for the many young Caitlan's of the world, imagining they've married a prince and are going to live happily ever after, if only they stay loyal and love him enough. At least she and her children have come through it alive - I hope the second half of her life compensates her for what she's been through. I feel he'll be convicted because he's shown no remorse.

 

[TruthIsStranger]

I feel so sorry for the many young Caitlan's of the world, imagining they've married a prince and are going to live happily ever after, if only they stay loyal and love him enough. At least she and her children have come through it alive - I hope the second half of her life compensates her for what she's been through. I feel he'll be convicted because he's shown no remorse.

Yes, I hope so. I can't imagine how horrible it all must have been. I feel like the fact that tbey were in Canada made her safer in terms of being believed by the justice system. I might be totally wrong, but in the US, these guys seem to be able to work the system and get away with more lies and atrocities. He's also a potentially dangerous radical, isn't he? I think that what attracted him was the ability to control his woman within his skewed interpretation of his religion. Maybe his beliefs are the underlying reason that he’s being held accountable for the abuse? In this case, that’s fine with me. I wish that young women were taught from an early age what the signs are, etc. but who knows if that would have helped. She admits that she saw signs and called off the wedding, but then she believed his lies and got back together with him. He essentially kidnapped her then impregnated her to seal the deal.

Can you imagine the horrors of that captivity? Having to have sex with this guy while the captors probably watched via video monitors and snickered at you, and to do that with your kids in the room? How could he do that to her and to those kids? Their lives were horrible, but all he cared about was getting his disgusting needs met. He really deserves the death penalty. I hope he gets it once he’s inside.

 

[Satchie]

Yes, I hope so. I can't imagine how horrible it all must have been. I feel like the fact that tbey were in Canada made her safer in terms of being believed by the justice system. I might be totally wrong, but in the US, these guys seem to be able to work the system and get away with more lies and atrocities. He's also a potentially dangerous radical, isn't he? I think that what attracted him was the ability to control his woman within his skewed interpretation of his religion. Maybe his beliefs are the underlying reason that he’s being held accountable for the abuse? In this case, that’s fine with me. I wish that young women were taught from an early age what the signs are, etc. but who knows if that would have helped. She admits that she saw signs and called off the wedding, but then she believed his lies and got back together with him. He essentially kidnapped her then impregnated her to seal the deal.

Can you imagine the horrors of that captivity? Having to have sex with this guy while the captors probably watched via video monitors and snickered at you, and to do that with your kids in the room? How could he do that to her and to those kids? Their lives were horrible, but all he cared about was getting his disgusting needs met. He really deserves the death penalty. I hope he gets it once he’s inside.

I think this is a test of our justice system around domestic abuse issues, there's been so much past criticism of how it fails people who are being abused in intimate relationships. I think it's an evolving and challenging field, setting standards for how people in a relationship must treat each other. It used to be accepted that violence and other forms of mistreatment between family members were no one's business, except maybe other family members. It's now recognized that there are relationships of dependency (kids, in particular, but also sometimes spouses or the elderly), where those dependent people need the protection of the state. I think it's happening in Canada because we have the 1982 Charter of Rights and Freedoms, which the Supreme Court must abide by first and foremost in making legal judgements.

I don't think Boyle's behaviour is all that remarkable, plenty of relationships involve that kind of imbalance of domination and submission. Just look at the popularity for women of 50 Shades of Gray, FFS.

However, IMO Caitlan really had no way out, she couldn't go get a job and her own apartment, she had no friends or family in the country, she would have had to go to a shelter, had she not, fortunately, had a supportive mother.

It's also possible that Boyle knew she wanted to take the kids and leave him, and his extreme attempts to control her was his way of trying to keep her from doing that. If you're afraid your dog's going to run away, you keep it locked up or on a tight leash at all times.

 

[bears10]

This is not 50 shades of gray. 50 shades of gray is fan fiction about two CONSENTING adults engaged in BDSM.

 

[realanastasia]

This is not 50 shades of gray. 50 shades of gray is fan fiction about two CONSENTING adults engaged in BDSM.

100% agree. Even IRL, I see no parallel between the type of emotional/romantic/sexual relationships that meet the BDSM community’s generally-agreed-upon standards of being “safe, sane, consensual and fun” (situations in which both/all legally aged-participants agree to assume roles with significant power imbalances for purposes of emotional or sexual fulfillment), and this nightmare world of a marriage in which JB seems to have deployed every trick in the ol’ incel playbook (most notably, the disgusting little technique known as “negging”) to systematically undermine CC’s self-confidence and manipulate her behavior solely for his own benefit/pleasure. Dude has NO IDEA, probably, of what a “safe word” even is.

IMO/MOO