Sorry I have been slack about finishing my story....

2004-09-21T15:02:00.000-07:00

...my PC problems seem to be over for the moment so I can continue.

I somewhat forgot where I left off, ranting no doubt but I will move forward.
As I said I waited nearly 3 months for disclosure. The Police included a CDROM from their technical crime unit with details of evidence retreived from the complainants computer. There was not a single conversation between us. How they decided they had RPG to lay the invitation to sexual touching charge I have no clue. Supposedly that was a message no one has ever seen.
It was also stated that I had left a message on her cell phone(what in gods name does a 13 yr old have a cell phone for?) "threatening to rape her" if she did not call me back. Not only does that seem like a pretty dumb thing to do, it would be outright suicide and I am certain even the dumbest of criminals would never do such a thing. Of course the Police seem to have bought that story despite as you may have guessed not having recovered any such message(or any others).
There appears to have been no attempt whatsoever to make any form of positive ID of myself during my attending the station. Initially my female friend and I thought the complainant was present and was seen exiting the lobby with an older male(presumably her father)shortly before my release. This person was yelling and screaming and slamming doors and making quite the scene aparently. We guessed this may have been because it was the first time in 3 months she suddenly was not the 'innocent victim' as she had been playing and people were finally calling her statements into question. Regretfully to this day i still do not have any idea if that was the case as there was nothing in disclosure to indicate any ID process. Lawyers have told me that is completely inapropriate and one does have to wonder if the police would have arrested me regardless if I had been their suspect or not. They really seem to have made no attempt to make sure I was the correct person.
Then things got even more messed up.
I attended court basically once a month for the next year. The whole time arguing about disclosure and trying to figure out how in the world I was going to pay for this. Best estimates from the firm I eventually chose were between $7-20 000. Yes you read that correctly. Imagine spending $20 000 simply to go to court to tell 2 police officers how foolish and careless they were. How many simple things they missed and how they too were fooled by a bratty 13 year old.
I was particularly disturbed to learn that after my arrest the Officers had acted on my contention that 'some guy' was harrasing me (along with the complainant) after the incident. I had no clue who this was but he was obviously someone who knew her. I blocked him on my messenger and told her to tell him to stop messaging me.
It turns out that was the same person who called during the time she sat in my car. The police did interveiw him nearly 2 months after my arrest and his statement was nothing short of comical. He claimed to be her bf at the time. He stated she had told him she was from England and had no friends here (born and raised in Peel actually) . He also stated she was 16! Now we have the girls boyfreind saying she's 3 years older than she is and the cops do nothing about this discrepancy?! He finished his breif statement by saying he had never contacted me over the interenet. I considered filing the papers before a JP to have him charged with obstructing justice for that last comment.
Here's where being smarter than both him and the police comes in handy. I scanned my messenger files and low and behold what did I find? His name and email address still present in my block list! He made the mistake of asking permission to talk to me through messenger and when that happens with that particular messenger it logs the email address. Even more perfect is the "handle" name attached to that blocked email as it is specific to that time. Those nicknames can be changed easily and often are. I am certain in a court of law on the stand it would become quite clear that his name at that time was known to me. One problem. What if that information was disclosed to me before trial? I needed to find a way to preserve that knowledge. I ended up doing something a bit strange but effective. I coded that information with a simple code and called police and provided it to them. I am certain this confused and perhaps even scared the police somewhat. The fact I was recovering data from my own computer which they had not attempted to seize. (they had offered to "help" me with it but I declined-they later stated I "refused" as if I was hiding something-they obviously just wanted to "help" the whole time, right) I met with the OIC and gave her 3 numbers which were over 25 digits in length and told her I would reveal the signifigance at a later date. I also requested an additional copy of the CDROM as it didn;t appear to work as intended and had no instructions as to what data, if any was relavent. I was getting mixed disclosure with several items being in reference to her uncles charges.
The court appearances were stressful, tiring and increasingly difficult mentally. It was the luck of the draw with JP's. some had genuine concern for the lack of disclosure and some could care less. Some let me talk others did not. I did the full 3 ring circus trying to get the CDROM as the police told me to go to court, court told me to go to the crown office and the crown told me to go to the police. Unreal
I never did get the video tapes of ANY of the statements, including mine. A year to the day when I was charged I attempted to conduct a pretrial alone, most unsuccessfully. The Judge was more interested in why I had not retained a lawyer than why I had not received full disclosure. They set a new date for a pretrial in a months time where i was instructed to have council.
Its worthy to note the Crown made every attempt to make me look like a slacker. She made it sound as tho I was just stalling and had done nothing for a year so be prepared for this tactic. I was immediatly in damage control mode but did a so so job of conveying dates which I had made all my requests. Be ready and write EVERYthing down, You won't remember as much as you think! I pointed out that 2 of the 5 times the crown claimed to have provided disclosure to me were merely my items(coded) making the trail back to me as they should. Another time was a letter saying simply that the CDROM worked and was not a problem(that one was unreal). Suddenly the 5 times disclosure was provided was down to 2. The issue of the video tapes came up and the OIC whispered to the crown it was against Peel Police policy to release video tapes to accused. I should have pushed this further as it was the one time the judge did in fact say something to the effect of that being contrary to law. I am certain it likely is and was included as part of my formal complaint issued this summer to Peel Police. Regretfully I have still never seen those tapes despite them sitting on the crowns desk that day. What the logic is behind denying me of even my own statement is beyond me. The written sysnopsis of my statement was very inaccurate and in some cases just plain wrong. I KNOW what I said. How I was supposed to be able to pick apart her tape with undoubtably the same inaccurate trascription is beyond me. I DON'T KNOW what she said. I suspect there are more things on the tape I could tear apart but I will never know.
Thats all for now. All comments welcome. This sort of investigation must be stopped. I doubt convictions are obtained for guilty parties with work like this fiasco and I am most certain other innocent people are being dragged thru Peels overloaded courts. In fact against all odds I am already aware of a friend of a friend who has become victim of nearly the same thing.
Unreal......

Welcome to those who wish to injusticebust in Ontario!

2004-09-02T09:15:00.000-07:00

Im certain the ordeal I went through In Peel region in 2003 is far from an isolated incident.
Many thanks go to injusticbusters.com for support and the knowledge that I was not alone and this does happen to others.
My ordeal is over from a criminal case standpoint but the scars are there and I remain bitter at the way it was handled by police. My life is still very much upside down.
Im certain that I am not alone and I feel strongly that people of the Greater Toronto need to stand up, as they should anywhere in Canada, and demand the Police be accountable for their actions and the damage they can cause to innocent people's lives.
By all means lets organise, discuss and stop the abuse of our legal system.
I welcome all comments and thanks again to Injusticebusters

BustinginPeel

Sorry I have been slack about finishing my story....

Welcome to those who wish to injusticebust in Ontario!