Still Missing Canada - Alvin, 66, & Kathy Liknes, 53, Nathan O'Brien, 5, Calgary, 30 Jun 2014 - #29

[otto]

"Province to launch investigation into Garland assault

Another Calgary criminal lawyer, Balfour Der, has voiced concerns about the safety of the Calgary Remand Centre in the past and says that the inmates there, Garland included, have the right to safety.

"Convicted or not, he's entitled to protection and basic human rights. Even if he didn't show that to his victims," he said, adding that some of his own clients have also been attacked at the jail and at other facilities.

He also blasted those on social media who cheered on the attack.

“If there's members of the public who think, yeah, that's good, I'm glad this happened, or whatever they may think about it, they are absolutely, totally wrong," Der said in an interview Sunday.

"It's not what we should ever expect should happen in a Canadian jail."

http://calgary.ctvnews.ca/province-to-launch-investigation-into-garland-assault-1.3292847

 

[MistyWaters]

"Province to launch investigation into Garland assault

Another Calgary criminal lawyer, Balfour Der, has voiced concerns about the safety of the Calgary Remand Centre in the past and says that the inmates there, Garland included, have the right to safety.

"Convicted or not, he's entitled to protection and basic human rights. Even if he didn't show that to his victims," he said, adding that some of his own clients have also been attacked at the jail and at other facilities.

He also blasted those on social media who cheered on the attack.

“If there's members of the public who think, yeah, that's good, I'm glad this happened, or whatever they may think about it, they are absolutely, totally wrong," Der said in an interview Sunday.

"It's not what we should ever expect should happen in a Canadian jail."

http://calgary.ctvnews.ca/province-to-launch-investigation-into-garland-assault-1.3292847

To condone criminals behaving like human pit bulls in jail and then expect them to abide by the rules of our law-abiding society upon release is unreasonable.

Garland was an ex-inmate as well. Something in his past conditioned him to extreme violence.

 

[otto]

To condone criminals behaving like human pit bulls in jail and then expect them to abide by the rules of our law-abiding society upon release is unreasonable.

Garland was an ex-inmate as well. Something in his past conditioned him to extreme violence.

It's a relief to see that criminal defence lawyers are speaking out against the crazy and irresponsible remarks that have been posted on social media. I personally don't care that people are angry and upset with Garland's offences as it is normal to be outraged. It is not normal to encourage or condone that outrage justifies vigilante violence, and it's very problematic that people feel that violence between prisoners in a Canadian prison is acceptable. Vigilante justice is not part of Canadian values but, for some reason, those values appear to be eroding ... and that is a concern.

 

[MistyWaters]

It's a relief to see that criminal defence lawyers are speaking out against the crazy and irresponsible remarks that have been posted on social media. I personally don't care that people are angry and upset with Garland's offences as it is normal to be outraged. It is not normal to encourage or condone that outrage justifies vigilante violence, and it's very problematic that people feel that violence between prisoners in a Canadian prison is acceptable. Vigilante justice is not part of Canadian values but, for some reason, those values appear to be eroding ... and that is a concern.

I also missed when it became socialy acceptable to hoot for vigalante justice. It would be great if all that emotional energy could be re-focused on demanding a total review of our prison system and meanwhile, let the media attention on Garland fade away.

 

[otto]

It looks like there is protective custody at the Spy Hill jail.

Totally wrong': Lawyer on cheering Garland beating

A criminal defence lawyer who has raised concerns in the past about safety at a Calgary jail says people shouldn't be happy that a convicted murderer in a high-profile case was beaten there.

...
Some of the reaction on social media cheered on the attack, saying Garland deserved it.

...
"If there's members of the public who think, yeah, that's good, I'm glad this happened, or whatever they may think about it, they are absolutely, totally wrong," Der said in an interview Sunday. "It's not what we should ever expect should happen in a Canadian jail." In September, Alvin Clifford Chiniquay, 40, died in hospital two weeks after a beating at the facility. An inmate has been charged with first-degree murder in the death.

...
But Laville said that generally, placement decisions include an assessment that considers security needs ...

Der said he understands that protective custody at the Calgary Remand Centre means an inmate is kept in a cell 23 hours a day. He said it would natural to have Garland in protective custody because the case involved a child, two other victims and the gruesome details of the case has been in the news for weeks.

...
"He would be an obvious target for violence from other inmates. You would think and you would hope that authorities would do everything they could to give that man some protection while he's in custody," Der said."​

http://www.ctvnews.ca/canada/totally-wrong-lawyer-on-cheering-garland-beating-1.3292818

 

[otto]

I also missed when it became socialy acceptable to hoot for vigalante justice. It would be great if all that emotional energy could be re-focused on demanding a total review of our prison system and meanwhile, let the media attention on Garland fade away.

Earlier in this discussion, I posted a link to a Russian man in his 20s who was beaten so severely at the Spy Hill jail that he is permanently brain damaged, nothing but a shell of a person. His family had him transferred home. Prison system reform seems necessary when that is what happens to prisoners.

 

[PrincessButtercup]

Earlier in this discussion, I posted a link to a Russian man in his 20s who was beaten so severely at the Spy Hill jail that he is permanently brain damaged, nothing but a shell of a person. His family had him transferred home. Prison system reform seems necessary when that is what happens to prisoners.

In my earlier post I spoke about Alvin Chiniquay who was beaten to death in his cell by his cellmate who was known to be a violent offender, Chiniquay was in for shoplifting, this was last fall!

Sent from my SM-G920W8 using Tapatalk

 

[otto]

"Justin Brett Kyle Decoux, 23, pleaded guilty through lawyer Adriano Iovinelli to aggravated assault in an attack that left Denis Telyakov, 26, with permanent brain injuries.

...
“He is left with severe physical and mental defects as a result of the head trauma,” said Buglas. ”It is not expected that he will have a full recovery.

“Decoux admitted he engaged Telyakov physically. He said it lasted for about 10 seconds. He attacked Telyakov with his elbow and three closed-fist punches to the head, with the other inmate also punching and stomping on his head.”

...
Iovinelli said Telyakov, who had come to Canada to study English as a second language, was in custody on a charge of uttering threats to his classmates."

Sept 2014
http://calgaryherald.com/news/local...-beating-of-russian-national-at-remand-centre

 

[MistyWaters]

This CBC article was published just this past Dec, 2016
Spike in jail violence 'a problem right across the country'
Number of inmate-on-inmate assaults in federal prisons and provincial jails growing

".........In Behind the Walls (a book), he (Michael Weinrath) suggests multiple causes, including the potency of the drugs being traded, the rise of gangs that target other inmates, and also a decline in a once prevalent code of behaviour that governed relationships between inmates.

In some of his interviews with inmates, Weinrath heard accounts of violations of the "convict code."

"Inmates stealing from one another, fights … problems on the street being brought into institutions, and no consistent status hierarchy by crime being recognized," were among the consistent breaches that seemed to have escalated, he wrote, basing his finds on dozens of interviews with guards and inmates......."

http://www.cbc.ca/news/canada/nova-scotia/prison-violence-spike-canada-1.3892403

 

[Deleted member 192280]

If anything an inmate should learn from their imprisonment, it's to abide the law. If they continue to violate laws in jail, whether it's to beat a guard or a fellow inmate because they felt it's right to do so, then if/when they are released from jail, they may continue to violate law, and do whatever they think it's right, even against law.

But the reason I'm against inmates attacking DG is more about what DG deserves. I don't think he deserves to die of beating by inmates (too easy, for one thing). If he deserves any physical punishment, then it would be to die the same way he murdered his victims. But since he's bing sentenced to life in prison, he needs to think about his crime every day, and think what led to his dreaded loss of freedom. Even better, perhaps, some day, he might decide to tell some truth, or even repent, however unlikely. But he deserves to suffer another 5 decades thinking and perhaps regretting what he did that ultimately deprived him of his freedom.

 

[Tinkerbel1]

So here's thing, when found out that Douglas Garland was attacked in prison, I have to confess, I felt a little bit of satisfaction. I mean he's been found guilty by a jury of his peers of a most horrendous crime, beyond our comprehension, something that felt surreal, like an over the top Criminal Minds episode written for Emmy consideration. The evidence was shocking to most of us, the level of depravity unimaginable. The court agreed and sentenced him to the highest possible punishment our criminal justice system allows, and that's not something to take lightly. There isn't a lot of precedent for parole ineligibility in this country. So, Douglas Garland will die in jail. I've often felt that he will actually enjoy the solitude but, who are we kidding, even the most introverted introvert won't do well being locked in a cell for 23 hours per day. Douglas Garland is a sick and evil individual and I pray he suffers in hs mind for what he has done every single day of the rest of his miserable like. I hope one day he sees the gravity of his actions and it causes him incredible pain. If there's one thing I've learned is that what goes on in our mind can be debilitating and painful, as much as any physical affliction. Our justice system does not dole out physical punishments and we all know about countries who do. There are countries where people are publicly caned, whipped, beheaded, shot and a bill sent to the family for the bullet. I know a lot of people would like to see those kind of punishments for Douglas Garland but the thing is that I bet that not a single one of us want to live in those countries. Justice is a different thing there, human rights are a whole different story. Just check with Amnesty International. I don't want to live in a system like that, where I can be pulled from my house and jailed without due process. Where human rights are routinely ignored. If it's okay for Douglas Garland to be beaten in jail it's okay that Alvin Chiniquay was beaten to death in his cell, we can't have it both ways. I'm really not a bleeding heart, I feel true hatred for Douglas Garland. I'm conflicted by my feelings about what happened this weekend but at the same time I love living in a country where I feel safe most of the time. Where everyone is entitled to due process and fair treatment under the law.

-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------
(Sorry, somehow I screwed the reply up )

Douglas Garland already suffers in his mind, Princess Buttercup...that's why he is in there in the first place.

I have been feeling very sad for DG... life has not been kind to him. I'm not sure he can tell fantasy from reality. Having mixed emotions is understandable, but it is my hope that people find some empathy for him, as they have for the victims. He is a victim of sorts as well. No one knows what has happened to him throughout his lifetime...he's 57...there was a book on a Lifetime of Bullying or something that was found as well. DG's rationale may have been one of deep hurt and anger at the unfairness of life...no one can be locked in a vault of a mind forever without snapping. There is no good excuse for why he did what he did...but I do believe there is a reason. I believe that people do the best they can do in any given moment, clearly something shorted out upstairs for him.

Hatred is never a good thing....look what it did to DG. This is a big thing for us to wrap our heads around and it most assuredly gets our emotions in turmoil. Something that has come to mind a lot for me throughout this is a saying I heard a long time ago..."The hardest people to love are the ones that need it the most". Everyone needs kindness and everyone needs to be accepted and to have some kindness in their lives...maybe if he had more of it earlier on in his life, he may not have ended up doing anyof this. He has clearly had issues throughout his life. I feel sorry for him from the humanitarian perspective.

If things were different, it would be wonderful, but they're not. He will never know peace....I don't think he's ever known it. That's so sad. I remember a family of kids that were picked on and beaten up daily in school when I was young (a long time ago lol)...there was no reason for it...none. stuck up for them every single day...I got called a "(their last name) Lover"...like what the hell? Why and how do kids pick out other kids to bully and torment?

He's gotten his sentence, maybe it's a self-fulfilling prophecy that he's completely alone and everyone hates him. I don't hate him. I can't do that to anyone...no matter what they've done. He's someone's son, brother, uncle...he could be anyone's child (in this group)...would you feel the same way if it was your child that did this? God, I'm so, so sorry for his mom and dad...God bless the whole family as He blesses the O'Brien's and all of the victims in this case...DG too. And the inmates that beat him up...them too...geez...just bless us all! lol

 

[Tinkerbel1]

"Justin Brett Kyle Decoux, 23, pleaded guilty through lawyer Adriano Iovinelli to aggravated assault in an attack that left Denis Telyakov, 26, with permanent brain injuries.

...
“He is left with severe physical and mental defects as a result of the head trauma,” said Buglas. ”It is not expected that he will have a full recovery.

“Decoux admitted he engaged Telyakov physically. He said it lasted for about 10 seconds. He attacked Telyakov with his elbow and three closed-fist punches to the head, with the other inmate also punching and stomping on his head.”

...
Iovinelli said Telyakov, who had come to Canada to study English as a second language, was in custody on a charge of uttering threats to his classmates."

Sept 2014
http://calgaryherald.com/news/local...-beating-of-russian-national-at-remand-centre

I remember this...it's terrible. It's not right at all.

 

[Stargazer42]

But the reason I'm against inmates attacking DG is more about what DG deserves. I don't think he deserves to die of beating by inmates (too easy, for one thing). If he deserves any physical punishment, then it would be to die the same way he murdered his victims. But since he's bing sentenced to life in prison, he needs to think about his crime every day, and think what led to his dreaded loss of freedom. Even better, perhaps, some day, he might decide to tell some truth, or even repent, however unlikely. But he deserves to suffer another 5 decades thinking and perhaps regretting what he did that ultimately deprived him of his freedom.

I don't want DG to beaten in jail. Violence is not the answer - after all he just got sentenced for using violence because of a perceived grudge

I want him to just be locked away and think about what he did. He Googled on how to kill without emotion. He knew he was going to do something horrific. My wish is that he does feel some remorse/horror/guilt/disgust at his own actions. And that he is afraid of his fellow inmates. Let him die afraid and haunted by what he did;

 

[kdgdid]

I also do not want him beaten.
I think anyone's expectation that we should feel empathy for him is unrealistic and I choose to save my support and empathy for the family.
I like you want him locked away for the protection of society and believe the family do not need to see him constantly in the media.
I remember Justice gates saying there were no mitigating factors in this case.
Sadly I do not think DG is ever going to remorse or guilt more like anger at getting caught.

I don't want DG to beaten in jail. Violence is not the answer - after all he just got sentenced for using violence because of a perceived grudge

I want him to just be locked away and think about what he did. He Googled on how to kill without emotion. He knew he was going to do something horrific. My wish is that he does feel some remorse/horror/guilt/disgust at his own actions. And that he is afraid of his fellow inmates. Let him die afraid and haunted by what he did;

 

[otto]

I am

• relieved that he was convicted,
• not crazy about the consecutive sentencing because of the long term implications for one murderous event where there is more than one victim,
• sorry to learn that prisoner conduct at remand centers has eroded to vigilante violence and prison guards are careless or complicit; and,
• thankful that the Alberta Criminal Defence Lawyers Association has stepped in to investigate prison violence in Calgary.

 

[MistyWaters]

Tinkerbel1, while I don't believe prisoners should have the right to inflict vigilante violence, does Garland deserve our empathy? I'd have to disagree, he does not. Anyone who could do what he did, I strongly suspect is a psychopath.

I don't feel enough emotion toward Garland to hate him. Repulsion and distain would more aptly describe it. Not a lot different than if I were to get a whiff of rotten garbage. To waste any greater emotion on people such as him, especially who I don't know personally, gives them way too much power over me, in my opinion.

 

[casesensitive]

Poor Dougie. He probably didn't get the love he needed as a child, and was most likely bullied in school. Really? We don't know if this is true. He may have had wonderful parents. The only info we have read from former classmates (at university) is that he was voted "class president". It doesn't sound like he was bullied there.

The blame lies solely on DG's head because he knew the difference between right and wrong regardless of any psychological problems.

I don't condone prison violence (hate it) but I have no sympathy or respect for DG as a member of society, nor should I be expected to.

Excerpt:
But there is more to the story of Garland's failed attempt at med school, according to two former classmates who attended the University of Alberta at the same time as he did in 1987. Garland was suspected of cheating in his first few months in the program. One of his professors set him up on a test and caught him in the act, say the former classmates.
AFTER BEING VOTED CLASS PRESIDENT JUST MONTHS EARLIER, HE WAS KICKED OUT OF MEDICAL SCHOOL.
bbm

http://www.cbc.ca/news/canada/calga...l-jury-deliberation-matthew-hartley-1.3968039

 

[Deleted member 192280]

None of us know what kind of life he had before, what experiences or physical/mental defect (if any) he may have had that may somehow impacted his thinking and actions. That's why I prefer to keep him alive, conscious and sane. In the U.S. some infamous criminals get interviewed, had correspondence with the outside world, and books written about them (or they may even write stuffs). It would be interesting, and educational, to know the mindset of these criminals.

 

[Deleted member 192280]

Wonder if the police searched the area where DG was hiding before captured? What was he trying to do? Could he have buried some secrets there?

Another question. How did the prosecutor conclude that KL was alive at the farm (tortured)? The initial Amber Alert said at least one victim may be in medical stress, and "Nathan may be in the company of his grandfather". The defense lawyer could have used this to argue that KL was believed to have died at the house.

The aerial picture was perhaps the best proof that the victims were dead, but in regard to torture, there really hasn't been any evidence, has there? It seems to be mainly based on: hard drive contents, certain tools he bought. That would be speculations, wouldn't it? Just trying to learn to think in a legal point of view...

 

[Zuri]

Tinkerbel1, while I don't believe prisoners should have the right to inflict vigilante violence, does Garland deserve our empathy? I'd have to disagree, he does not. Anyone who could do what he did, I strongly suspect is a psychopath.

I don't feel enough emotion toward Garland to hate him. Repulsion and distain would more aptly describe it. Not a lot different than if I were to get a whiff of rotten garbage. To waste any greater emotion on people such as him, especially who I don't know personally, gives them way too much power over me, in my opinion.

Thank you for saying this. As a homicide survivor, the PollyAnna approach just doesn't cut it for me. I have no empathy for this murderer. He deserves none IMO.