EDMONTON—An Edmonton judge says he will reduce the overall sentence of a man found responsible for his son’s death because the man was assaulted in jail and spends much of his time in segregated protective custody.
Joey Crier was convicted of involuntary manslaughter last month in the death of 19-month-old Anthony Joseph Raine.whose body was found outside an Edmonton church in 2017.
In an agreed statement of facts filed in court on Friday, Crier’s defense lawyers and Crown prosecutors said he was immediately designated a “high-profile inmate” because of the media attention surrounding his charges. penalties.
He was placed for his own protection in a 23-hour lockdown in a maximum security unit at the Edmonton Pretrial Detention Center.
“Mr. Crier was subjected to fecal and urine bombardment in his cell by another inmate,” his attorney Tania Shapka said, reading the statement.
He claims there was also at least one physical altercation with another inmate, who punched him in the head and neck.
Shapka said his client also alleges that he was the victim of three additional assaults, although that was not addressed in the statement of facts.
During his time in segregation, Crier is allowed out of his cell for two half-hour periods in each 24-hour block.
“Mr. Crier has been housed alone, without a cellmate, leaving him with limited meaningful human contact during his 23-hour confinement,” the statement said. “There are no televisions in the cell, although they are wired to accommodate televisions.”
The court heard that he did not have access to group programming, release planning, counseling, an outdoor patio or exercise room, which are available to inmates in the general population.
Some changes occurred in October 2017 when the Edmonton Remand Center implemented an action plan to increase inmate stimulation.
Since then, Crier has had access to a stationary bike during his out-of-segregation hours and books while in his cell. She has also had the opportunity to interact with an indigenous elder.
The statement noted that Crier has been on suicide watch during his time in custody.
Shapka said the assaults and isolation are more egregious because Crier has been in pretrial detention instead of prison.
Queen’s Bench Court Judge David Labrenz accepted the statement of facts as part of a joint submission challenging Crier’s statutes that he suffered cruel and unusual punishment during his time in custody.
“The joint recommendation is appropriate based on the conditions that Mr. Crier has encountered while in custody,” he said. “I will adopt submission.”
The filing asked the judge to allow 2 1/2 days for each day spent in segregation.
Crier will have spent 788 days in segregation when he is sentenced, although 10 of those days were for disciplinary reasons and will not count toward a sentence reduction.
Typically, an offender receives 1.5 days for each day in pretrial detention before sentencing.
A Gladue report, which is a pre-sentence report for offenders of Indian origin, will be prepared before Crier is sentenced.
Sentencing arguments will be heard on April 1 and Labrenz will make a final decision on April 21, when credit for time served will be applied.
Crier’s ex-girlfriend, Tasha-Lee Doreen Mack, was also convicted of involuntary manslaughter in the boy’s death. She has not yet been sentenced.