Winnipeg Free Press Newspaper Archives Sep 10 2015, Page 19

Low-resolution version. To view a high quality image

Start Free Trial
Winnipeg Free Press (Newspaper) - September 10, 2015, Winnipeg, Manitoba C M Y K PAGE B4 B 4 WINNIPEG FREE PRESS, THURSDAY, SEPTEMBER 10, 2015 COURTS winnipegfreepress. com M ANITOBA justice officials are seeking a five- year prison term for an HIV- positive woman who exposed her male partner to risk by hiding her illness from him. Marjorie Schenkels, 27, was convicted of aggravated sexual assault following a trial last winter. She returned to court Wednesday for sentencing arguments in what has been dubbed a landmark case — Schenkels is the first woman in the province ever to be found guilty of such a crime. Schenkels is seeking a suspended sentence, which would keep her free in the community. Her lawyer, Ian Histed, told court you can’t hold Schenkels responsible for the fact her boyfriend ultimately became infected with HIV. “ He could have got that virus in any number of different ways,” said Histed. “ The harm here is not the transmission itself. He was exposed to a risk. That’s it.” Queen’s Bench Justice Colleen Suche has reserved her decision. The sentencing hearing took a strange detour when Histed closed his submission by mentioning his father was a United Church minister, and then quoted from the Bible. “ If he was here he would be twisting my arm to remind you of what it says in the Gospel According to John. Let the one among you who is without sin be the first to throw a stone at her,” Histed told the judge. “ I’m not sure how that relates to the task that I have before me,” Suche replied. “ My father could explain it to you better. I think the principle was people who are going to judge the morality of other people should look inwards first,” explained Histed. “ Isn’t that my job?” asked Suche. “ It is,” said Histed. “ So are you putting my own moral history at issue?” Suche shot back. “ No, I’m just reminding you of what it says in the Bible,” answered Histed. That prompted a lengthy reply from Suche, who was clearly upset with Histed at this point. “ Well what is the meaning of that in the context of a court of law? I’m a public servant. My job is not to judge people. My job is to judge their actions and their behaviour. I try very, very hard not to judge people, including lawyers,” she said. Histed said he was trying to point out Schenkels should only be judged by the facts of the case, not her “ morality.” “ A quote from a learned jurist, of which there are many, would be much more appropriate, I think,” Suche said. This wasn’t the first confrontation between Histed and the judge. Earlier in the day, Suche questioned how he could be asking for a suspended sentence without any supporting case law. “ How could I accept your submission in the absence of even one case? How can you show up without even one bit of a law? Has a suspended sentence ever been handed out before?” asked Suche. “ It’s probably unheard of,” replied Histed. “ Then I don’t understand how you’re acting in the best interests of your client. I’m absolutely mystified.” Suche also took issue with the suggestion Schenkels could receive a lighter sentence than men who’ve committed the same crime. “ Why does it matter if it’s a female? We treat men and women equally,” she said. During the trial, Histed launched an attack on the 37- year- old victim, claiming he had no one to blame but himself. He said the man should have known the risks when he initiated unprotected sex with a woman he barely knew. Schenkels never took the witness stand, although jurors did hear a statement she gave to police in which she admitted to hiding the truth from the victim because she was in disbelief about her condition and “ scared of losing everybody.” The victim testified he never would have had sex with Schenkels had she told him the truth. The man learned he was HIV- positive in late 2011, several months after the relationship began. In its closing argument, the Crown told jurors the “ undisputed” evidence was remarkably simple and pointed to a verdict of guilty. Schenkels was diagnosed with HIV in 2009, was repeatedly warned by doctors in 2010 about her duty to disclose the condition to any male partner, and failed to do so after meeting the victim through a family member while living in Gimli in 2011. www. mikeoncrime. com Hearing takes strange detour Judge chides lawyer over morality play By Mike McIntyre AN aboriginal chief has escaped a criminal record after admitting to harassment of a Manitoba senator as part of a bitter legal dispute. Buffalo Point Chief John Thunder was granted a conditional discharge during a sentencing hearing Tuesday. His only conditions include keeping the peace and performing 60 hours of community service. “ You’re obviously a person of high standing in your community,” said provincial court Judge Lindy Choy. The Crown had been seeking a suspended sentence with probation. Thunder was originally charged in 2013 with extortion over correspondence with Sen. Don Plett that involved a property tax conflict with non- native cottagers on the First Nation. Plett and his wife have a cottage in the Buffalo Point development in southeastern Manitoba. Plett was a former president of the local cottagers association and was serving as an “ adviser” over the ongoing dispute between the parties. Thunder, 55, pleaded guilty just before his preliminary hearing earlier this year to a reduced charge of criminal harassment. His crime involved a single, threatening email he sent to Plett in 2013. He told Plett to back down or “ I’ll be going to the media on your conflict of interest and my experience with you.” In fact, there was no actual conflict of interest. But Thunder went on at length, even accusing Plett of previously declaring bankruptcy, which would disqualify him from being a senator. In fact, Thunder had mistaken another person with the same first and last name, but different middle name, court was told. “ Chief Thunder’s actions strike against a civilized, law- abiding and democratically functioning society,” said Crown attorney Sheila Leinburd. She noted Thunder included an ominous line about “ This is the perfect time for me and you” — a reference to the Sen. Mike Duffy scandal that was erupting in Ottawa at the time. Defence lawyer Jeff Gindin told court his client meant no harm and was simply venting frustration in a manner he regrets. But Plett sees it differently. “ I have no doubt John Thunder intended to create great difficulties for me,” Plett said in a victim- impact statement. “ He tried to sabotage my reputation and jeopardize my employment and therefore my financial security. I could have endured serious personal harm.” However, Plett also told court he wanted to resume a positive working relationship with Thunder, and asked the court to take no further action — a position Choy said influenced her decision. “ I have no ill will towards Mr. Thunder and do not see any purpose to have him penalized any further,” Plett said. Thunder is the son of a non- native hereditary chief who had been adopted by the traditional chief’s family, and he is recognized as a status Indian under federal law. He assumed chieftainship of the tiny band, near the Minnesota border, and carried on with the cottage development his father started in the 1970s. But while business was successful and the development resulted in hundreds of cottages, his relationship with cottagers and band members was fractious. Cottagers previously told the Free Press they were in an arbitration with Thunder to find a compromise over higher land taxes. A group of band members said they were still banned from band property, two years after the chief won an injunction against them for staging a sit- in at his office. — with files from Alexandra Paul www. mikeoncrime. com Thunder spared criminal record Chief admits to harassing senator By Mike McIntyre ‘ I have no doubt John Thunder intended to create great difficulties for me’ — Manitoba Sen. Don Plett in a victim impact statement WAYNE GLOWACKI / WINNIPEG FREE PRESS FILES John Thunder, seen in 2002, sent a threatening email to Sen. Don Plett. PRIME TIME TV THURSDAY MOVIES Shaw MTS Bell Shaw Direct 6 PM 6: 30 7 PM 7: 30 8 PM 8: 30 9 PM 9: 30 10 PM 10: 30 11 PM 11: 30 2 CBC ( 6) 2 226 332 .. CBC News Murdoch Mysteries CorrieSt ( N) The Nature of Things Doc Zone CBC News: The National CBC News Coronation St. 3 PBS 3 - 388 .. News Time Goes By September's Children The Civil War The Civil War " Most Hallowed Ground: 1864" Business ( N) Charlie Rose ( N) 4 CBS 4 387 WCCO 4 News Wheel Fortune The Big Bang Mom Big Brother Dome Season Finale ( N) WCCO 4 News Stephen Colbert ( N) J. Corden (.. .. 5 CTV ( 7) 5 225 316 CTV News Winnipeg The Big Bang Odd Couple The Goldbergs Spun Out ( N) Saving Hope " Fearless" The Big Bang eTalk ( N) CTV National CTV News .. 6 NBC 6 - 385 News NFL Kickoff NFL Football Pittsburgh Steelers at New England Patriots -- Foxborough, Mass. News The Tonight Show ( N) .. 7 ABC 13 - 386 WDAZ Ent. Tonight Shark Tank Scandal Get Away With Murder WDAZ News Jimmy Kimmel Live ( N) Nightline .. 8 CITY ( 13) 8 228 329 Modern Fam Modern Fam 2 Broke Girls Mom Mom Mike & Molly 2 Broke Girls Two and Half Murdoch Mysteries EP Daily Reviews 10 CBWFT 10 118 703 Le Téléjournal RDI économie 30 vies ( N) Infoman ( N) Dieux de la danse Début ( N) Enquête ( N) Le Téléjournal Le Téléjournal Marina .. 11 HopeTV 11 - - P. Popoff Tomorrow Benny Hinn Quick Study Joyce Meyer Life Today 700Club Can. Shining Light Let's Talk Believe Twist of Faith 12 GLOB ( 9) 12 227 335 Evening News E. T. Canada Bones " The Next in the Last" Big Brother Dome Season Finale ( N) News Hour Final Stephen Colbert ( N) .. 13 TSN 22 400 400 That's Hockey NFL Football Night in America NFL Football Pittsburgh Steelers at New England Patriots -- Foxborough, Mass. SportsCentre SC Top 10 14 DISC 104 520 505 Daily Planet ( N) DreamCar ( N) DreamCar ( N) Fast N' Loud Cuban Chrome ( N) How It's Made How It's Made How It's Made How It's Made 15 CNN 103 500 500 OutFront Anderson Cooper 360 CNN Special Report CNN Tonight Anderson Cooper 360 CNN Special Report 16 SPIKE 125 628 584 Contractor .. .. .. .. " The Italian Job" (' 03, Act) Charlize Theron, Mark Wahlberg. .. .. .. " G. I. Joe: The Rise of Cobra" (‘ 09) Adewale Akinnuoye- Agbaje. .. 17 HIST 105 522 506 Pawn Stars Pawn Stars Ice Road Truckers " Icy Grave" Pawn Star ( N) Pawn Star ( N) American Pickers ( N) Canadian Pickers Pawn Stars Pawn Stars 18 HN 108 508 502 Forensic Files Forensic Files Nancy Grace ( N) Dr. Drew ( N) Forensic Files Forensic Files Forensic Files Forensic Files Forensic Files Forensic Files 19 DTOUR 106 618 524 Yukon Gold " The Last Stand" BorderSecur BorderSecur Brew Dogs " Chicago" ( N) Booze Traveler Bizarre ( N) Bizarre ( N) Brew Dogs " Chicago" 20 A& E 101 615 520 The First 48 The First 48 Behind Bars " The Riot" ( N) Behind Bars: Rookie Year ( N) Behind Bars " The Con Game" The First 48 .. 21 W 132 602 567 Love It/ List It " Finlay Family" Cedar Cove " Runaway" ( N) Good Witch Love It/ List It " Rimes Family" Love It or List It Vancouver Real Houses Real Houses 22 YTV 18 552 543 SpongeBob Ninja Turtles Odd Parents SpongeBob Thundermans Talia ( N) Nicky Stanley Funniest Home Videos Wipeout 23 TLC 102 521 560 Suddenly Royal Our Little Family Our Little Family Little People, Big World Our Little Family Our Little Family 24 HGTV 134 600 564 Custom Built Custom Built House ( N) H. Hunt ( N) Kitchens ( N) Kitchens ( N) Thicke ( N) Thicke ( N) House Hunter House Huntrs DespKitchens DespKitchens 25 CMT 109 575 583 Family Feud Family Feud My Big Redneck Vacation Redneck Vacation " Hans Polo" My Big Redneck Vacation Snake Grab Snake Grab My Big Redneck Vacation 26 M3 117 571 581 Cash Cab Cash Cab Aaliyah: The Princess of R& B The Mentalist " Forest Green" Hot/ Cleve. Mike & Molly Arrow 27 BRAVO 123 620 523 Motive " Out of the Past" Blue Bloods " Mercy" Missing " White Whale" Graceland ( N) Motive " Out of the Past" Criminal Minds " Persuasion" 28 SHOW 111 317 522 .. .. .. .. " Alien Agent" .. .. .. .. " Tower Heist" (' 11, Act) Ben Stiller, Eddie Murphy. .. .. .. " G. I. Joe: The Rise of Cobra" (‘ 09) Adewale Akinnuoye- Agbaje. .. Movie .. 29 SN360 181 410 403 Countdown Power Plays NHL Top 50 Gotta See It WPT Poker L. A. Classic Highlights of the Night Highlights of the Night The Final Score 30 FSRacing 175 417 406 NASCAR Race Hub ( N) AMA Supercross -- Houston, Texas NASCAR Race Hub Pass Time Pass Time 31 OLN 176 411 457 Storage Wars Storage Wars Be Alive " Avalanche of Terror" Liquidator ( N) Storage Wars Storage Wars Storage Wars Be Alive " Avalanche of Terror" The Liquidator Storage Wars 32 EA2 216 312 633 .. .. Movie .. .. .. " Zathura: A Space Adventure" (‘ 05) Jonah Bobo. Celeb Legacy Slings & Arrows .. .. .. " Young People Fucking" (‘ 08) .. Movie .. 33 PEACH 121 294 529 The Big Bang The Big Bang The Browns House Payne The Browns House Payne Modern Fam Seinfeld Family Guy Family Guy American Dad American Dad 34 FAM 154 557 541 Dog Blog The Next Step The Next Step The Next Step The Next Step The Next Step The X Factor ( N) The Next Step Jessie Good Luck ... Wingin' It 36 FOOD 135 603 561 Gotta Eat Here Food Factory Chopped " Short Order Cooks" M. Diners ( N) Myst. Diners Cravings ( N) BeachEat ( N) Gotta Eat Here Gotta Eat Here Myst. Diners Myst. Diners 37 COM 116 626 547 Frasier Frasier The Big Bang The Big Bang Match Game Corner Gas Laughs JFL: Gags JFL: Gags The Simpsons Just for Laughs 38 E! 113 621 527 CSI: Crime Scene TMZ Live! Stewarts & Hamiltons Fashion Police eTalk Pop Quiz TMZ Live! 39 SPACE 122 627 528 Stargate: SG- 1 " Babylon" Castle " Hunt" The Last Ship Doctor Who: Explained InnerSpace Investigators Person of Interest " Witness" 40 AMC 247 629 .. .. " Gone in 60 Seconds" .. .. .. .. " Fletch" (' 85, Com) Tim Matheson, Chevy Chase. .. .. .. " Fletch Lives" (' 89, Com) Hal Holbrook, Chevy Chase. .. .. .. .. " Fletch" .. 42 TCM 248 539 .. .. " The Sand Pebbles" .. " I Can Get It for You Wholesale" (‘ 51) .. .. .. .. " David and Bathsheba" (' 51, Rel) Susan Hayward, Gregory Peck. .. " The President's Lady" .. 43 TOON 152 555 545 NinjaGo Camp Johnny Test Johnny Test Scooby- Doo? Scooby- Doo? Bugs Bunny & Tweety Camp Totally Spies Marvel's Hulk Avengers A. 44 SLICE 131 601 562 .. .. " Forever 16" Stranger Home " Puente" Fatal Vows Untouchable " House of Pain" Brainwashed " Devil's Disciple" The Millionaire Matchmaker 45 NEWSN 140 502 390 Exchange with Lang CBC News Now CBC News: The National CBC News Now CBC News: The National CBC News: The National 47 SPONET 171 408 418 MLB Baseball Toronto Blue Jays at New York Yankees Yankee Stadium -- Bronx, N. Y. Sportsnet Central Gotta See It MLB Jays 30 WPT Poker 49 FOX 19 - 363 The Big Bang The Big Bang BOOM! Season Finale ( N) Bones " The Next in the Last" News at 10 Seinfeld Hot/ Cleve. Paid Program Cougar Town 50 TREE 155 553 546 Backyardigans Trucktown Harry Cat in the Hat Big Big Friend Max and Ruby LCharmers Trucktown Caillou Max and Ruby Toopy & B Guppies 55 MC1 211 308 622 .. .. Movie .. " What Maisie Knew" (‘ 12) Julianne Moore. .. " Finding a Family" (‘ 11) Kim Delaney. Reelside .. " Mommy" (‘ 14) Anne Dorval. .. 56 MC2 212 309 623 .. " Lucy" (‘ 14) Scarlett Johansson. .. " Super Duper Alice Cooper" (‘ 14) .. " Deliver Us From Evil" (‘ 14) Edgar Ramirez, Eric Bana. .. " Ouija" Olivia Cooke. .. 57 MC3 213 310 624 .. .. .. .. .. " Walk of Shame" (‘ 14) .. Movie / Stars On " Directors: Sarah Polley" .. .. " Into the Woods" (‘ 14) Anna Kendrick, Johnny Depp. Masters of Sex " High Anxiety" 58 HBO 210 307 625 State of Play: Culture Shock .. " Hit by Lightning" (‘ 14) Jon Cryer. Shatner's World Last Week Doll and Em Veep Veep 59 WSBK 221 296 654 The Big Bang The Big Bang The Mentalist The Mentalist " Red Bulls" WBZ News Seinfeld Patriots Fifth Quarter Met Mother 60 KTLA 224 298 653 The Bill Cunningham Show The Steve Wilkos Show KTLA 5 News KTLA 5 News Two and Half Two and Half B. & Beast Season Finale ( N) Arrow " The Fallen" 61 WGN 222 - 651 Two and Half Two and Half B. & Beast Season Finale ( N) Arrow " The Fallen" WGN News at Nine Name Game Friends Friends Loves Ray 62 WPIX 223 297 652 Two and Half Two and Half B. & Beast Season Finale ( N) Arrow " The Fallen" News at 10 Pix11 Sports Seinfeld Seinfeld Friends Friends 63 EA1 215 311 632 .. .. .. .. .. " The Perfect Storm" (‘ 00) .. .. .. .. .. " Surviving Crooked Lake" (‘ 08) .. .. .. " Psycho" (‘ 98) Vince Vaughn. .. .. .. .. " Wicker Park" (‘ 04) Josh Hartnett. .. 81 PBS 348 - 364 Business ( N) MiWeek ( N) J George ( N) U. Radar ( N) The Civil War The Civil War " Most Hallowed Ground: 1864" Civil War: The Untold Story T. Smiley ( N) 92 OWN 114 526 507 Grocery Bag Grocery Bag Final 24 " Tupac Shakur" 20/ 20 " Mystery Down Under" 20/ 20 Murder/ Solved " Free to Kill" 20/ 20 " Mystery Down Under" 118 APTN 14 269 350 The Young Riders APTN News APTN Invest, The Nature of Things Samaqan Ring of Fire .. .. .. .. " Lucky Number Slevin" (‘ 06) Bruce Willis. .. 119 VISION 26 650 394 Murder, She Wrote Columbo McMillan and Wife Appearances Messages Conspiracy EastEnders EastEnders .. 120 MM 25 570 580 Throwback Thursday Throwback Thursday The Simpsons Cleveland Triumph Sea.. Review ( N) South Park Tosh. 0 Midnight ( N) Conan .. 121 MTV 326 640 566 Gr. Benders Degrassi High Degrassi Degrassi Degrassi Degrassi Teen Mom 2 ( N) One Bad Choice " Levi Sparks" Teen Mom 2 122 BNN 142 504 508 The Close Commodities Taking Stock Business Day Market Call Tonight Market Call The Close Commodities Market Call Tonight 124 RDI 139 126 730 24/ 60 Les grands reportages Le Téléjournal RDI économie Le National 24/ 60 Les grands reportages 125 CFTM 406 115 711 Malaises Complexe G .. .. .. " L'amour au détour" (‘ 09) Catherine Zeta- Jones. TVA nouvelles Denis Lévesque ( N) Signé M .. .. .. .. " Le Saint" .. 126 TV5 405 145 761 Science Terre et ciel Qui sera le prochain grand pâtissier? TV5 le journal Faut pas rêver .. B_ 04_ Sep- 10- 15_ FP_ 01. indd B4 9/ 9/ 15 10: 44: 06 PM

Search all Winnipeg, Manitoba newspaper archives

All newspaper archives for September 10, 2015

Browse