CAPITAL PUNISHMENT/HARSHER SENTENCES

01/29/07

Capital Punishment/Harsher Sentences

By Lee Hanlon

What do Alan Craig MacDonald and Timothy David Trott have in common? They brutally murdered their victims in cold-blood. Then there is Robert "Willy" Pickton. The man on trial for murdering over 40 women.

Willy Pickton, as he is known is currently on trial for the deaths of over 40 women. One of the victims, Sarah de Vries, a Vancouver, BC prostitute. A 1995 entry of Vries’ diary, disclosed Pickton to be a dangerous man.

Another former Vancouver prostitute, Kim Kirton had witnessed Pickton attack Mona Wilson, a colleague, with a knife. Pickton is also facing murder charges in relation to Wilson.

In 1997, Pickton was charged with attempted murder and unlawful confinement in relation to a complaint filed by Vancouver, BC prostitute Wendy Lynn Eistetter.

Eistetter claimed she had been handcuffed and attacked by Pickton at his farm. Pickton claimed he acted in self-defense. For unexplained reasons, the charges against Pickton were dropped.

If Pickton had been convicted of these two charges, and if justice had prevailed he would be in jail and the number of missing women on the Pickton docket would be less than they are now.

In 1975 Alan Craig MacDonald murdered a Dartmouth, Nova Scotia police officer. MacDonald also murdered a taxi driver that had witnessed the murder. MacDonald was convicted of both crimes and sentenced to life in prison. After serving only 12 years MacDonald was released on parole in October, 1989.

In April of 1990, within six months of his release, MacDonald stalked, raped, and brutally murdered 21-year-old university student Lynda Shaw in Ontario.

At the time of this murder MacDonald was living in a half-way house which was located about an hour away from the crime scene.

MacDonald was never caught, tried, or convicted for the rape and murder of Shaw. In 1994, Ontario Provincial Police officer Collins, later to become the cold case officer who assisted in the investigation of Shaw’s death, arrested MacDonald for dangerous driving and possession of stolen property.

After facing these two charges, MacDonald took a shotgun into a phone booth and committed suicide.

Academics would have us believe that capital punishment is not a successful deterrent. Academics would also have us ignore the victims.

Capital punishment is a specific deterrent that protects society from further violence at the hands of the accused.

Unfortunately, today Canada does not have capital punishment. Actually capital punishment was abolished by parliament in 1976.

If Canada did not abolish the death penalty, MacDonald would have been executed for his 1975 crimes and Lynda Shaw would be alive today.

On May, 7, 2000 David Timothy Trott was arrested in Kamloops, BC and charged with the kidnapping and murder of nine year old Jessica Russell. This would not have happened if the courts did not release Trott on May 2, 2000.

In June of 1999 Trott was convicted on one count of carrying a concealed handgun. Sentenced to one year probation and prohibited from possessing a weapon for ten years. According to the criminal code section 90 (2) (a) Trott should have been sentenced to a jail term of 5 years.

In August of 1999 Trott was arrested for breach of probation and held in Surrey Remand to await court appearance. Trott was then transferred to the Frasier Regional Correctional Center (FRCC).

Prison guards at FRCC said Trott was more than just a troublemaker. They considered him so dangerous that three times they went in with the tactical team, suited up in body armour, helmets and masks to subdue him during altercations. One guard was even quoted saying, "We couldn't believe it when we heard he had been released. He was really mentally unstable, very volatile. We don't understand why someone didn't realize he was dangerous."

On August 31, 1999 Trott pled guilty to possession of a weapon (a knife) and the lesser charge of forcible entry and sentenced to 5 months concurrently in FRCC.

Section 2 of the Criminal Code defines a weapon as 'any thing used, designed to be used or intended for use (a) in causing death or injury to any person, or (b) for the purpose of threatening or intimidating any person.

Trott breached his probation order - not to possess a weapon for 10 years. Trott wasn't even charged for the breach!

As for the charge of forcible entry (an offence that the former BC Premier, Glen Clark and former Attorney General Ujal Dosanjh wanted to get tough on), ccc s. 73, Trott should have been sentenced for 2 years.

In November of 1999 Trott walked away from the Ford Medium Security Jail in Chilliwack shortly after transferring there. He was re-arrested and sentenced to serve an extra 10 days consecutive. According to ccc s. 144 - prison breach - Trott should have been sentenced to 10 years.

Still at FRCC on previous convictions, Trott appeared in Port Coquitlam Provincial Court related to events of May 23, 1998, found guilty of possession of stolen property and theft over $5000 and sentenced to another 30 days.

According to ccc s. 355 (a) Trott should have been sentenced to at least 10 years for possession of stolen property and for theft, ccc s. 334 a 10 year jail term should have applied as well. In December of 1999 Trott was released from FRCC.

In January of 2000 Trott was charged with assault and threatening to kill his ex-girlfriend, Elisa Fillo. Trott was also charged with theft of a Dodge Sprint and a Plymouth Voyager.

Trott was returned to custody at FRCC. In May of 2000 Trott appears in court on all three January offences, convicted and sentenced to one year probation time served plus one day.

According to ccc s. 266 (a) - assault - a sentence of 5 years should have applied, and for uttering threats to kill, ccc s. 264 (2) (a), a sentence of 5 years should have applied as well.

The sentence for theft of both Sprint and Voyager, according to section 334 should have been 10 years.

On May 2, 2000 Trott was released from custody.

If Trott had been sentenced according to the Criminal Code, he would be in jail for at least 5 years based on the concealed handgun charge, 9 year old Jessica Russell would be alive today.

During Trott's remand on the murder charge he had assaulted a nurse and a charge was laid. As the result of his conviction of this assault, Trott received a six month sentence.

At trial for the murder charge Trott pled guilty to the abduction and first-degree murder of nine-year-old Jessica Russell, more than two years after the little girl disappeared on her way to school.

With this plea comes an automatic life sentence with no chance for parole for 25 years. If a similar sentence were given prior to the murder of Jessica then Jessica would be alive today.

Trott should have been designated as a ‘Dangerous Offender’. And if Canada had not abolished the death penalty, he should have been executed.

In conclusion, not only is it because of the likes of MacDonald and Trott, but also accused serial killer Robert "Willy" Pickton, that Canada needs the death penalty now more than ever.

Unfortunately we live in a barbaric world where more rights are given to the accused upon conviction and less rights to the victims.

Just how many Canadians will be regretting that parliament abolished the death penalty in the event that Pickton is convicted? How many Canadians regretted it when Lynda Shaw and Jessica Russell were brutally murdered?

When will Canadians stand up for justice?

#DeathPenalty