Wednesday, February 22, 2012

RECAPPING GRAHAM JAMES SENTENCING HEARING

Mike McIntyre, of the Winnipeg Free Press, is a really good justice reporter and I thought he did an excellent job today keeping everyone up to date as to what was happening in court with regards to the Graham James sentencing hearing.

Make no mistake about it.  James should rot in hell forever.  However, there appears to be holes in our justice system (surprise, surprise) that could allow him to get off with a conditional sentence.  Here are some of McIntyre's tweets from today and my thoughts underneath in brackets.

I don't usually censor comments.  You can call me names all you like; but if you are going to side with James at all in this...please don't comment.  I'll likely delete it.  He has no defense.

Crown: Fleury didn't have happy home life, James knew it. Dad alcoholic at time, Mom battling mental health issues. 
(This shows pre-meditation, in my opinion.  Predators love to prey on the weak and vulnerable)

Crown: James had Fleury come to his apartment 2x per week under guise of "tutouring him." Would have him sleep over. 


Crown: "Upon attendance...there was never any actual tutouring that took place." 

Crown: James had windows in bedroom covered, so room was black. "This raises an indication of premeditation." 

Crown: Fleury "often had no sleep" as James would repeatedly touch him all over, "anywhere he could find some skin." 
(Disgusting and hard for me to actually read)

Crown, quoting Fleury: "I remember being horrified, extremely scared and confused." This went on for about a year, then escalated. 
(touched anywhere he could find skin and then it 'escalated'?  Holy)

Crown: About 80 total sex assault incidents on Fleury by May 1984. As time went on, James got even more power in hockey circles.

Crown: In spring '84, James began performing sexual acts on Fleury. Took him on lengthy road trip to Halifax to meet his parents. 
(Twisted.  Just sick)

Crown: Fleury admits "I was going to let him do whatever he needed to do because I was completely exhausted." 
(Imagine being to the point of just telling your assailant to just do it and get it over with.  Sick.  Just sick)

Crown: Fall of 84, James became head coach of Moose Jaw Warriors of WHL, Fleury moved there, began playing. Sex assaults continued.
Crown: James was molesting multiple players at the same time. In 85, James took Fleury, Kennedy on road trip to California. 
Crown: James would basically take turns sexually assaulting Fleury and Kennedy on this trip. 

Crown: Fleury estimates 150 sex assaults on him during time in Saskatchewan. Fleury "would go to bed crying himself to sleep."
Crown: James took Fleury, Kennedy on 1 final trip to DisneyWorld in summer 1985. Fleury "knew would be final time he'd be assaulted."

Crown now going over the facts related to 2nd victim, occurred between 1989 and 1994. 100s of occassions in Saskatchewan.
(This victim agreed to have publication ban lifted.  His name is Todd Holt)

Crown: "Many of these...take on a much more sinister tone." 
(Yuck.  I don't know how it could be worse)

Crown: James was now coaching Swift Current Broncos. Victim was one of his players, came from "simple means, didn't have much money." 
(Sound familiar?  Preying)

Crown: "He was fearful if he did not comply it would hurt his hockey career." James paid him $60 to masturbate. 
Crown: James verbally berated, abused Holt, would say. "You're not going to make it anywhere, you're a fucking piece of shit." 
(I think Holt had four 40 goal seasons in Swift and won numerous awards)

Crown: After James plead guilty to sex assaults on other players in 1997, he actually called Holt asking for letter of support. 
(The nerve of this guy.  Holt went on to say his relationship with his children is strained and his marriage failed)

Holt: "What that man did to me and many others is the cruellest form of abuse. I want peace, and justice." 

Holt struggling to keep his composure. "I did nothing wrong, I did not choose to become a victim." 

Graham James sentencing hearing has resumed. Crown just stated they are seeking 6 years in prison. 
(To me, this isn't a whole lot.  If a guy goes out and snaps and commits one brutal rape, I would like to think he would get multiple years in prison for it.  This case involves hundreds of rapes to multiple victims, who he had power over.  It is true he already has served 3 years for a string of sex assaults on other victims that occurred at that time, but I wonder if a man is sentenced to 10 years for committing a murder and then after he gets out of jail, they find out he also murdered a different person but was never caught until long after the fact; does he get less time for the second murder simply because he's already served 10 years for murdering someone else?)

Crown: Totality an issue, defence likely to argue if these vics come forward at time of James first sentencing wouldn't be much more.
(If this is an issue it's really too bad.  What you are saying to the victims is that coming to terms and stepping forward late is not really better than never.  You may as well keep quiet because your assailant already did jail time even though it wasn't for crimes against you)

So it's valid issue for judge to debate what sentence James would have got in '97 if all 5 victims had come forward by then, not 3.
(WOW)

Crown: Psychological report shows James still harbours interest in males 15-20 years old. "That continues to mae him a risk." 

Crown: James "indifferent, rarely responsive to the actions and feelings of others" re his offending, according to psych report. 
Crown: When James paroled after last sentence, he was found living with 18 to 19 year old man. Not a violation, but alarming. 
(No kidding.  These statements all speak for themselves.  I don't need to say much here)

Crown brings up fact James went to Spain after parole, was coaching teenagers, young men over there. 

Crown now discounting some letters of support filed by James from people who didn't know him at time of offences. 
Very bizarre. Two of James' letters of support are from men in Peru and Columbia who say he's provide "comfort, support", etc 
(I can only imagine.  If James is so well liked in Columbia, maybe he could do his jail time there.)

Crown: James "moderate to high risk" to re-offend based on assessment. He has "deeply engrained...erotic attraction for teen boys." 
Crown done. Roitenberg just warned the court he's going to be quite some time "examining the rhetoric" of the Crown. 10-minute break.

Roitenberg: "I take issue with the numbers." Says not as many sex attacks on the victims as Fleury, Holt describe. 
(If that's the case, the creep should plead NOT guilty)

Roitenberg: Police talked to many people, "left no stone unturned", saying these ARE the only remaining victims. 
(Somehow I have doubts about this)

Roitenberg: James has worked for same Montreal company since 2004, does sales/business development for software company.
(I wonder what the name of the company is.  To me, James is not employable)

Roitenberg: "Graham James is a man who never, ever wanted to hurt anybody." 
(Did Roitenberg say this with a straight face?)

Roitenberg: James "championed" several causes in junior hockey - education, elimination of hazing and fighting, alcohol ban. 
(Yep, all likely in an effort to further control players for his own sadistic purposes.)

Roitenberg: The justice system can not "make a victim whole again." Says James has been subjected to "extra judicial" scrutiny. 
(poor baby)

Roitenberg: James admitted to doc there were other victims after 1st arrest. Kennedy told police Fleury likely victim. Fleury denied. 
Roitenberg: James could have stayed in Mexico, fought extradition. Instead flew to Canada, turned self in once charges laid in 2010.
(Sure, but if the wrong people in Mexico found out who he was....well, they have a more harsh way of treating people like James than we do in Canada)

Roitenberg: "He thought he owed it to Theoren Fleury, to Todd Holt. He thought he owed it to hockey." 
(I call bullshit, pardon my French)

Roitenberg: Says stats show the longer a person remains offence free, older they get (like James), less risk of re-offence. 
(Okay, but has he re-offended already and not been caught?  He's been in some sticky situations)

Roitenberg says was "genuine friendship" between James, Fleury that continued for decade after sex assaults stopped. 

Roitenberg tells court how they started Calgary Hitmen hockey team, Fleury made James coach, Fleury named him godfather of his son.
(I can't explain this because I've never been a victim like Fleury; but I suspect this had more to do with the power James had over Fleury for many, many years)

Roitenberg: "Mr James stands before you today as possibly the most hated man in Canada. Certainly the most hated in hockey." 
(Point being???)
Roitenberg says CBC "ambushed" Roitenberg on the streets of Mexico as part of a documentary. 
(Again, poor baby)

Roitenberg says many death threats have been reported to RCMP, his every movement monitored, "poster boy for pardon reform."
(True, he is.  He never should've received a pardon!)
Roitenberg: "He has become the boogyman." 

Roitenberg says all the furor surrounding James "a bit over the top."

Roitenberg says another 3.5 years for these "mirror offences" (same number of victims) should be maximum here. 
(He, actually, may have a point)

Roitenberg says that should then be reduced by "totality", as you don't just stack sentences on top of each other in Canada. 
(Disagree, but again....if that's the law...SHAME)

Roitenberg urges judge to look at "Graham James 2012" and not to impose a "crushing sentence." 
(So, what he is saying is that if you 'get away' with a crime and rehabilitate yourself....then you really shouldn't be sent to jail.  Okay then.  WOW)

Roitenberg: Had Fleury/Holt come forward at time of other vics, James would have got about 4.5 years at time of 1st sentencing.
(How do you figure?)

Roitenberg: Public at less of a risk from James now than when he was released from 1st sentence in '98. 
(I wonder if Roitenberg would leave his grandson with James for a weekend?)

Roitenberg: A 12-18 month conditional sentence to be served in the community, with curfew, is appropriate. 
(No it's not)

So there you have it. Crown wants 6 years prison. Defence wants short conditional sentence.  

Roitenberg: James "has lost everything that was at one time important to him. He's tried to build up from the ashes of what once was" 

Roitenbgerg: "To send him back to a 4-wall jail now would be a crushing sentence...that won't make the victims whole again either."
(Crushing huh?  I wonder if at any time James' victims felt 'crushed')

March 20th for sentencing decision. #j




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