Karla Homolka in an artist's sketch. Photo: Francois 'Atalante'
Hudon/CPHomolka must follow strict rules after release
Friday, June 3, 2005 Updated at 6:31 PM EDT
Globe and Mail Update
Karla Homolka in an artist's sketch. Photo: Francois 'Atalante'
Hudon/CP
A Quebec judge imposed a series of strict restrictions on schoolgirl killer Karla Homolka upon her release from prison next month, saying the Crown's fears she is still a threat to society with a risk to reoffend are valid.
After two days of courtroom hearings--which marked Ms. Homolka's first public appearance in a decade - Quebec Judge Jean Beaulieu took only 10 minutes Friday to rule in favour of almost a dozen conditions suggested by crown prosecutors.
The restrictions mean a big loss for Ms. Homolka and her lawyer, who argued that her client should have more freedom upon release, and a victory for the Crown and the families of the victims, who argued that Ms. Homolka is still potentially dangerous and should be made to follow stringent rules.
Families expressed "enormous relief" at the ruling through lawyer Tim Danson but plan to retain a team of experts and prepare evidence to potentially renew the one-year restrictions in 2006.
""The conditions that have been imposed will go some distance to minimize the risk," he said.
Ms. Homolka showed no emotion as Judge Beaulieu read out his ruling, according to a Canadian Press report from inside the courtroom.
The ruling means she must tell authorities where she is living and who she is with after her release from prison. She must attend therapy for one year, abstain from drug use, have no contact with anyone under the age of 16 and give police 96 hours notice if she leaves plans to leave Quebec. She is also required to provide a court-ordered DNA samples.
Ms. Homolka will also be forbidden from communicating with former husband Paul Bernardo and the families of victims Kristen French and Leslie Mahaffy.
And she will be prohibited from communicating with anyone who has a criminal record. This includes convicted murderer Jean-Paul Gerbet, whom she has been romantically involved with in prison.
Ontario Attorney-General Michael Bryant said the governments of Ontario and Quebec were "very, very pleased with the decision.
"Today, Canada's justice system acted, not reacted, acted to prevent harm upon Homolka's release and to protect the public upon Homolka's release," said Mr. Bryant at a press conference.
Ms. Holmolka must sign off on the conditions before she is released or she will face an additional year in jail. If she violates the conditions, she could face up to two more years in prison.
The restrictions apply for one year, and Mr. Bryant wouldn't speculate on the possibility it could be renewed in 2006.
The hearing has rekindled outrage over the case and left many again debating the so-called "deal with the devil" which led to Ms. Homolka being given a 12-year sentence in 1993 for the sex slayings of Ontario teenagers Kristen French and Leslie Mahaffy and the death of her own sister Tammy Homolka.
During Friday's hearing, a psychiatrist called by the defence testified that Ms. Homolka suffers self-esteem problems but is not a psychopath and is not at a greater risk of reoffending than any other inmate now serving time.
Montreal psychiatrist Dr. Louis Morissette also portrayed Ms. Homolka as a woman who has problems with self-esteem, but he testified that she is not a psychopath and does not have an anti-social personality.
"The experts mostly agree, if she hadn't met [Paul] Bernardo, it would never have happened," he said, according to a Canadian Press report from inside the Quebec courtroom Friday.
Ms. Homolka's sentence expires on July 5.
Ms. Homolka was sentenced in 1993 after pleading guilty to two counts of manslaughter as part of an agreement with the Crown to testify against former husband Bernardo in the case.
The agreement was made before the discovery of tapes depicting the French and Mahaffy killings. Those tapes raised questions about Ms. Homolka's role in the slayings and her claim that abuse by Mr. Bernardo led to her participation.
But Tim Danson, the lawyer representing the French and Mahaffy families, balked Friday at Dr. Morissette's assessment of Ms. Homolka, arguing that she put her relationship with Mr. Bernardo ahead of the lives of the two slain schoolgirls or that of her own sister.
"Now, if that doesn't strike you as being alarming," he told reporters outside the courthouse during a break in the hearing.
"There are a lot of people in this world who have low self-esteem. They don't go out and murder their sisters and murder other people."
He also said the assessment fails to take into the brutal nature of the crimes, which shocked the nation.
"It's not just that she goes out because of low self-esteem and commits murders, but that she does it in a manner, with Paul Bernardo, that is sadistic and brutal," he said.
He added that the psychiatrist also conceded that he felt Ms. Homolka needs further treatment.
"It seems to me that her own witness was conceding that that kind of court order would be helpful for Karla Homolka and to protect the public interest," he said.
On Thursday, Ms. Homolka's lawyer unsuccessfully tried to have the hearing dismissed, contending that it was an abuse of power and a violation of Ms. Homolka's rights.
In her closing arguments, Ms. Homolka's lawyer argued that her client's rights would be violated if restrictions were placed on her freedom.
"She's conscious of the fact that she does everything possible to never find herself in the situation she was in," said Sylvie Bordelais, adding that Canadians should learn to understand she has changed and is no longer dangerous.
During the first day of the hearing, the court heard from Constable Brian Noble of the Niagara Regional Police, who detailed the circumstances of the killings and cited correctional records and psychiatric reports to argue that Ms. Homolka continues to pose a threat to society.
Ms. Homolka's tearful response to Constable Noble's description of the killings sparked rage from Mr. Danson, lawyer for the French and Mahaffy families, who deemed it "a little bit late."
Court also heard that corrections officials, who considered Ms. Homolka a conformist who followed the rules while incarcerated, also found a naked photo of convicted killer Mr. Gerbet, with whom Ms. Homolka has struck up a relationship.
Mr. Danson called that revelation especially telling.
"This is very, very significant," he said. "Even those psychiatrists who have given the opinion that Karla Homolka doesn't represent a threat public safety have conceded that that's conditional on the fact that she not associated with these kinds of people.
"The very fact that she's doing precisely that means all bets are off."
However, Dr. Morissette testified that Ms. Homolka - who was also involved with a female prisoner earlier in her incarceration - knows that she cannot have a relationship with Mr. Gerbet because he will be deported to his native France when he is released. Mr. Gerbet will be eligible for parole in 2008.
He also said he was aware the two had exchanged letters but could not say whether they were continuing to write.
"These are things that must be discussed," Dr. Morissette said. "She doesn't hide it. She discusses it."
With a report from Canadian Press