Editor’s note: This post contains foul language.
“We’re treating your body as a crime scene.”
That’s what Peter Laporte was told while cuffed and being held at bay by three police officers in a third-floor interview room at the city’s Public Safety Building early on Nov. 24, 2008.
The comment was made by now-Det. Sgt. Mark Philippot of the Winnipeg Police Service, called to testify this week in Laporte’s ongoing sexual assault trial in Winnipeg.
Laporte has pleaded not guilty and is presumed innocent of all charges he currently faces.
Currently, the Crown and Laporte are locked in a high-stakes Charter rights-related battle over the admissibility of evidence gathered from penile swabs taken about five hours after his arrest at a Cumberland Avenue apartment block.
Laporte is arguing police stomped on his fundamental rights in how the swabs (a non-invasive procedure where cops use a wet and dry cotton swab to mop a suspect’s penis to gather evidence) were collected.
Philippot testified that after almost immediately after receiving information from child abuse investigators that a boy had disclosed been anally raped, it was his right to go in and get the swab samples.
“There’s no warrant required here,” Philippot said, explaining that in his experience, there’s no need for cops to get a warrant to take the samples, even if Laporte was unwilling to offer them as it’s considered incident to arrest.
One of the major issues Queen’s Bench Justice Perry Schulman will have to wrestle with is this: Laporte repeatedly requested (I’m being generous here, see below) to speak with a lawyer prior to the samples being taken, but cops didn’t comply.
Why is that? Don’t they have to? (Question is silently mine, sitting watching the proceedings)
According to Philippot, then a sex-crimes unit investigator (now homicide detective), the denial of Laporte’s “phone call” (to be cliche about it) had a lot to do with his demeanour and attitude.
A video of Laporte’s interactions with Philippot was played in court, starting from the time general patrol officers brought him into the interview room and put him on continuous video.
The video starts with a short haired, moustachioed Laporte, wearing a black T-shirt and shorts, being escorted into the room. “Do not kick,” he’s warned.
Earlier this week, we covered how cops viewed Laporte as combative and violent with them.
22:28 Nov 23, 2008: Philippot, not necessarily an imposing physical presence, enters the room.
“I’ve done nothing,” Laporte tells him.
“What’s your first name?” asks Philippot, trying to fill out a required prisoner’s log sheet that asks a number of questions of a suspect (it’s a matter of routine).
“I want to talk to my lawyer,” he’s told. Laporte moves to cradle his arms on the small table in front of him.
Philippot gets up and leaves for about an hour. The video is skipped ahead by Crown John Field.
23:36: Laporte is seen lying on the floor of the interview room. Oddly, the sounds of Radiohead’s ‘Karma Police’ can be heard in the hallway outside the door. (cops play music so suspects can’t hear anything that’s going on in the office).
‘For a minute there, I lost myself, I lost myself,’ wails Thom Yorke.
The music ends.
In the process, Laporte gets up, gets back in the chair as Philippot re-enters the room, again, ostensibly to try and get the log sheet filled out. Laporte again requests to speak with a lawyer.
Philippot asks him the standard question: Are you part of a gang?
“Go fuck yourself,” says Laporte.
Philippot repeats the question, prompting anger to literally erupt out of Laporte.
“Look at me, take a good look at me you fucking piece of shit,” he barks. “Go fuck yourself.”
Philippot doesn’t waver.
“I’ll put you as uncooperative right now for your behaviour,” he says in a measured tone, apparently unmoved or riled by Laporte’s ire. He verbally notes and jots down a few minor scrapes and cuts he has on him.
The “interview” progresses to the point that Philippot tells him he’s being arrested for sexual assault “or some similar offence” times three, and offers Laporte notice of his rights to counsel.
“Beat it you fucking clown, you fucking monkey,” Laporte spits.
His rant continues, rising and ducking in force.
“Go fuck yourself you fucking goof… you fucking piece of shit,” he exclaims.
He’s asked again if he wants to call a lawyer.
“Beat it — take your suit and shove it up your ass,” Laporte spits.
“Beat it clown. Beat it. Beat it.”
Philippot exits, and reemerges a few minutes later.
12:12 (Nov. 24, 2008) Laporte says he wants to call lawyer Ian Garber. He’s asked if he has his number. The angry tirade renews.
“I’m being reasonable with you,” says Philippot. Do you want a lawyer?
“Poop your fucking head,” Laporte says.
“Poop my head, is that what you’re saying?,” Philippot asks, and again leaves.
Laporte lays his head on the table.
The tone changes roughly six minutes later.
00:19 Philippot re-enters, this time with latex gloves on and patrol cops in tow. He tells Laporte officers are seizing his clothing as part of their investigation.
“No, you don’t get my clothes,” he says.
Laporte is told cops are going to take penile swabs from him.
“I think not,” he says. “You guys remember the last time you took one. We’ll do this on (inaudible) way. Call my lawyer and fuck off,” he says, moments later adding if cops want his clothes, they going to have to “tear ’em off me.”
So, essentially, they do. Not tear, anyways, but remove by the application of force.
Laporte is pushed up against a wall out of camera sight and cuffed.
“Stop resisting,” he’s told. “Keep that foot down.”
Then, dear reader, the screaming begins. It’s hard to hear.
Laporte howls and cries and then howls some more in what sounds like — sounds like — sheer, utter agony.
His clothes are removed and bagged, piece by piece.
They move to take his shorts. More howls.
“I’m not doing anything to you. That’s just you screaming,” one of the four cops says.
When they move for the white socks Laporte’s wearing, the screams take on a tone of unadulterated rage.
He’s told he’s just fine. “Fuck you,” he responds. “Get the fucking handcuffs off me,” he shouts.
“Because you’re being aggressive with us this is what we’re forced to do here,” a cop says.
At this point, the tape is stopped. Philippot is still on the witness stand.
“You’ve heard screaming several times. What’s that?” asked Field.
“I can only give you my opinion,” said Philippot, explaining the cuffs were placed on Laporte for officer safety.
“No one was applying any pressure to him,” he says. He’d just scream,” later testifying: “I don’t know why he’s screaming.”
The video is started again. Now, cops are obtaining the contentious penile swabs.
“We’re treating your body as a crime scene,” Philippot tells Laporte.
The process is explained again.
“I’m HIV positive,” Laporte says.
“Thanks for sharing it with us,” says Philippot.
More yowls of rage.
“Just relax now,” Laporte is told.
“Fuck you,” he says.
The tape again is stopped. “What’s he screaming about?,” Field asks.
Philippot explains that the process is non-invasive. Basically, one of two swabs obtained is soaked with distilled water and then rubbed on the shaft and tip of the penis. The other is bone dry.
The video resumes.
Prior to the first swab being taken, Laporte cries: “Why are you doing this to me?” and then asks to use the washroom. “Okay, enough,” he exclaims.
“I gave you the opportunity to do this yourself,” says Philippot.
“It hurts!,” cries Laporte. “My fucking wrists!” He comments that his wrists were bleeding.
The video is again halted. Philippot says there’s no indication Laporte’s wrists were bleeding, cops in fact, by this point, had loosened his cuffs somewhat.
Field: We’ve just heard copious amounts of screaming,” he says.
“I don’t know why he was screaming,” says Philippot.
The video resumes, largely more of the same.
“Fuck you, Not fair, not fucking fair,” Laporte is heard saying.
“What’s not fair?,” he’s asked.
He doesn’t reply.
Oddly, Philippot asks the court to stop the video so he can comment. As you can see, he tells Schulman, we loosened his cuffs.
“I don’t see why the screaming was happening,” he says.
Tape resumes: Laporte is escorted to the washroom, and then given some water and left alone in the room again by 00:37.
Field: A decision was made to take the swabs. How did that come to pass?
Philippot: It’s part of the sex crimes investigative process. In Laporte’s case, he testified, his “hostile and volatile” demeanour kind of predicated how it would go down, that the decision to take the swabs was made after a boy disclosed being anally raped, and cops wanted to preserve evidence. The boy’s disclosure was “grounds enough” to get the swabs.
Philippot says it was the first time in his career he’s ever had to use force to get the swabs, that usually the suspect is allowed to gather them under their own power. “Normally,” he said, “They do it themselves.”
Interestingly, Philippot remarked that studies have shown how 75 per cent of penile swabs net DNA evidence, compared with 25 per cent of vaginal swabs.
The key is gathering the sample in time, he said. “The longer you wait … the more opportunity you have to lose it,” he says.
But why do it with four cops and handcuffs?
Philippot: considering Laporte’s “hostile and volatile” demeanour, it was necessary. “I just felt as best practice for officer safety” — and Laporte’s own safety.
“In this case, for safety reasons, because of his attitude, we decided to go that way.” “It took four officers just to get has arms behind him,” said Philippot.
As for giving Laporte a phonebook to look up a lawyer’s number, his demeanour precluded that from happening, the cop said.
Philippot is asked how many people could have walked by and seen what was happening in the interview room (privacy rights breach?).
Philippot says setting aside the four in the room itself, there were about 18 other cops that could have walked past.
What about Laporte’s repeated demands to speak to a lawyer when the interview first began?
Well, Philippot said, there was the matter of getting that preliminary, but mandatory, prisoner log sheet taken care of first.
He said as the interviewer, he was required to feel comfortable to know that Laporte was, in fact, Laporte.
“I want to know who I’m dealing with. Get a bit of a background here,” he said.
What about when he specifically mentions wanting to speak with Ian Garber?
“I’m not going to give him a phonebook at that time,” said Philippot, “(Or) introduce any kind of weapon into the room,” he said, again referencing Laporte’s demeanour.
How can you take a potentially-incriminating swab from a suspect when they haven’t talked to a lawyer yet?
It’s a matter of generally-accepted practice, said Philippot. “Generally, I would take the swab before giving them access to counsel,” he said, later adding it was taken as soon as possible after learning there may be evidence to be gained from it.
He was unyielding in his answers: There is no requirement to let a person talk to a lawyer prior to obtaining the swab, even though it could be incriminating.
“There’s no warrant required here,” he said.