Sinclair Inquest: (un)Moving pictures

Just a quick update to the missing hospital camera footage situation, which raised a lot of eyebrows and questions.

While my other duties have prevented me from delving further into this myself, many have stepped forward through social media and other means to offer greater details.

First, I’d submit the following Twitter posts from Steve Lambert at The Canadian Press, a colleague of astonishing awesomeness:

[They need to be read in reverse order].

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So, in this instance, there’s a legitimate reason for the missing footage: with the camera zoomed in, and nothing moving, there was nothing to film over the five-minute period. [Although why the camera was zoomed in to this degree is an outstanding question].

We then have colleague Bruce Owen’s short piece this morning on an outside expert’s view of the HSC’s “recording on event” camera system, further corroborating the HSC’s position the missing video is “normal” in the circumstances.

If it’s the case, two of the three questions I asked in my last post appear to be answered to some degree.

The other: how the cop probing the case for a year didn’t notice the missing footage until he was told about it this week, remains to be answered.

I’m still left wondering why the camera didn’t pick up a rush of activity around the ER when staff finally approached to check on him.

Again, quoting CBC:

“The inquest heard a security guard realized Sinclair was not breathing and took him to get help. He was pronounced dead at 12:51 a.m. on Sept. 21, 2008. The security camera footage is missing from 12:47 a.m. to about 12:53 a.m.”

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I wear no tin-foil hat. But it just boggles that in this case such a key portion of a major piece of evidence the inquest has to work with isn’t there.

We’re often told of the objective value of surveillance cameras in public-safety scenarios, how they “don’t lie” and provide a neutral view of what took place [such as the murder of Gerald Crayford at the Pizza Hotline.]

But here ….

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Sinclair Inquest: Missing ER footage stretches logic

130806 sinclair03.JPGMaybe it’s the residual skepticism in me over the Phoenix Sinclair Inquiry debacle surrounding  missing and/or shredded supervisor’s notes from the murdered little girl’s CFS involvement.

But when I read tonight that six minutes of security cam footage from the HSC ER are missing — at the precise time Brian Sinclair was discovered dead — a wave of awfulness came upon me.

Read this CBC Manitoba story here.  Pay careful attention to how the headline says HSC officials “explain” missing footage at Sinclair inquest.

Here’s the CBC fact box in full, emphasis mine.

Missing footage

On Tuesday, the inquest heard six minutes of tape from the emergency room at the Health Sciences Centre, where Sinclair died, was missing from evidence. The six minutes were the precise time staff realized Sinclair was dead. That revelation was made by the Sinclair family’s lawyer. The officer in charge or reviewing the footage said he had not previously noticed the five minutes were missing until the lawyer pointed it out.

The inquest heard a security guard realized Sinclair was not breathing and took him to get help. He was pronounced dead at 12:51 a.m. on Sept. 21, 2008. The security camera footage is missing from 12:47 a.m. to about 12:53 a.m.

In testimony heard later in the afternoon, Norman Schatz, the co-ordinator of investigations and staff development for HSC, told the inquest the cameras activate via a motion sensor. He said he “assumed there was no motion during those six minutes.”

However, right before the camera cuts off and when it resumes taping, motion can be seen in the corners of the frame. (Again, credit to the CBC for this)

This raises many profoundly disturbing questions to me. Here’s just two  three small things to think about.

1] Consider the ‘lack of motion’ aspect — in the ER of ostensibly Manitoba’s busiest 24-hour hospital early on a cool, but pleasant early 10C Sunday morning in the fall . Am I supposed to really believe that for six minutes, nothing moved in that room to trigger the cameras? ( I wonder what the 911 call log looks like around that time? It was Saturday night just before Sinclair died waiting for care, after all, and we all know Winnipeg on a Saturday night). 

2] A Winnipeg cop, a veteran investigator who worked homicides and was seconded to conduct the police investigation into Sinclair’s death, testified he spent roughly 500 hours (That’s 20.83 full days of life) reviewing the footage from the ER but didn’t notice the missing 5-6 minutes until the lawyer for the Sinclair family advised him of it in court today. He investigated the case for a year. No charges ever came of his findings, which the public will never know much about anyway.

3] [Added at 9:46 p.m. after original posting] It’s interesting how in the above CBC text, the HSC co-ordinator of investigations is directly quoted as saying he “assumed” there was no motion, hence no footage of around the time Sinclair died. That “assumed” word gives me pause. Didn’t the HSC investigations co-ordinator review the whole tape?

I’ve read multiple media accounts of today’s inquest proceedings. They all basically say the same thing.

But the one question not really being asked is this: Is it remotely credible that innocently, in one of Manitoba’s most concerning health-care related cases ever — one everyone’s had years to prepare for the onslaught of scrutiny this inquest would bring — that there’s missing camera footage, or missing documents? [More missing stuff here].

Again, maybe it’s just Phoenix and the gaps in logic and process seen there coming back to rattle me.

But I just can’t accept this. It really, really troubles me.

It should trouble you too.

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EDIT: 8:55 p.m. to clarify lead sentence somewhat.

EDIT 9:45 p.m. to add third question.

Major Crimes: A week in review II

(Winnipeg police)

Without a doubt, the top local crime story this week involved the arrest of Thomas Brine, 25, in connection to the death of Elizabeth Lafantaisie. First degree murder is the charge, and strangulation the cause of death. No matter what, what happened to this woman is atrocious. Brine, despite his young age, is no stranger to the justice system in Manitoba. What may be interesting down the line is whether the “forensic evidence” police claim link Brine to the killing is a win for the RCMP DNA databank. I’m skeptical of that given the rapid-fire turnaround in what appeared to be a red ball homicide case one day and solved just a few days later. Fingerprints is my guess — but it is only a guess.

In other news, lawyer Robert Tapper had a better week than last with an even score in terms of his conviction rate. There was more (unfair) gnashing of teeth about his role as special prosecutor after WPS Constable Ken Anderson was acquitted of sex-related charges — but there was really no reason for it. Anderson was found not guilty after a full and transparent shake in the justice system. The story about the abuse was found to be just that — a story. I note no one has called for a review of the case in light of the acquittal, so here’s hoping Anderson can somehow get back to work and be able to put this behind him. But it won’t be an easy task, as Mike Sutherland of the WPA told CBC this week:

“Just the allegations alone cause challenges and sometimes they’re difficult to rebound from,” Sutherland said.

Tapper said he won’t appeal the Anderson ruling.

The lawyer’s week got better by Thursday, when former RCMP officer Benjamin Neufeldt was sent packing to jail for sexually exploiting a teen girl on a Manitoba reserve. Mike Mac of the WFP had a good story on the details of the case.

One thing good comes out of the recent Tapper cases, however — it’s brought to the surface the process by which independent lawyers are appointed in cases where a suspect has a direct connection to the justice system. As I’ve learned, Manitoba appears to be the only province where local lawyers are actually hired to prosecute cases independently from, but in consultation with, the justice department. Justice Minister Swan is promising to sit down with head of prosecutions Mike Mahon and see what’s what. It comes on the heels of a recent review of the provincial policy by retired Judge Ruth Krindle.

The media glare continued to shine on Justice Robert Dewar this week and several local stories examined past court decisions he’s made, at least one of which is under review by the Manitoba Court of Appeal, which could rule to order a new trial any day now. Alternately, it could not. The judge’s week got worse when the judiciary came forward with a statement about his status about not hearing cases of a sexual nature, followed by the news he either was punted or asked to recuse himself from sitting in the Wegier manslaughter trial — a decidedly non-sexual case.

(Allan Fineblit/Lawyersweekly.ca)

However, the most interesting information and reaction about the whole affair came from blogger/WFP reporter Melissa Martin, and an op-ed in the Free Press from Law Society head-honcho Allan Fineblit. While Fineblit starts off obviously referring to the Dewar furor but goes on the describe how the process of judicial appointments could be altered, he provides some useful information. I’d bet if you asked the average person what they think about the appointment of judges in Canada, you’d get a blank stare, followed by ramblings about blood sacrifices and cloaked old coots hunched over in some stone room waiting for a phone call from the PMO. We now know, through him, that that’s not the case.

I was waiting, though for someone to comment on the first few paragraphs of the piece that says the following [again – referring to, but not naming Dewar and his current predicament]:

Let’s face it, even good judges sometimes make mistakes, or lose their patience, or say the occasional dumb thing. They are, after all, human beings and to my mind the more humanity the better. Mistakes can be fixed. That is what the Court of Appeal and Supreme Court do for a living. But I am not writing this to tell you about what I think about our judges. I am writing it to tell you how we can do better.

Something strikes me that given the outcry about Dewar, many people don’t think he simply made a mistake, lost his patience or simply said a dumb thing in the sex-assault case ruling that brought all the attention.

But again, I have yet to see full transcript of the ruling, let alone the full trial testimony.

The Freep’s FASD series continued  — with today’s comprehensive look at youth justice and the disorder. It should come as no surprise to anyone, however, that the Manitoba Youth Centre is a convenient warehouse for kids with cognitive or other disorders. Still waiting on that mental health court, NDP.

In other news:

  • The united front known as the Devil’s Gap Cottagers have taken a unique land claims situation and are trying to turn their misfortune into some kind of advantage by suing their former legal team for millions.
  • In the days after the city settled with Manitoba Hydro over a long-standing tax dispute, the city filed a suit against local company J.A. Robinson for alleged problems with a tech system for its fleet of vehicles worth more than $600,000.
  • On the flip side, the WRHA is going after the city and trying to force it into arbitration over a dispute over rents involving one or two community health clinics. In court documents, the WRHA says it is seeking reimbursement of  alleged rent overpayments to the city between 2000-2007. The dispute has been brewing since 2006 and could be valued in the hundreds of thousands of dollars, lawyers for the health authority say. The amount is very much in dispute. An affidavit says the city has failed to respond to the WRHA’s letters “seeking the co-operation in the appointment of an arbitrator under the arbitration clause” of a lease agreement.
  • This guy has admitted responsibility to using  a former roommate’s kids he used to babysit to make child pornography with, among other things. Has to be one of the fastest turn-arounds for a major case I’ve ever seen. He was just arrested in January. Sentencing was adjourned to a later date.

Finally — kudos to Manitoba Justice and Crown attorney Lisa Carson [and by extension now-Judge Dale Schille] — for this. Although the penalty to some may seem like small potatoes for the blood that was shed, it’s the maximum allowed by law in Canada. In the U.S., he’d have likely faced execution or consecutive life terms for all three murders. I’m waiting to see if he’ll appeal, and on what grounds. That’s two adult sentences in two weeks for Manitoba Justice, and a third to follow this week, which I’ll be covering in detail.

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