Pubdate: Fri, 07 Oct 2005
Source: National Post (Canada)
Copyright: 2005 Southam Inc.
Contact:  http://www.nationalpost.com/
Details: http://www.mapinc.org/media/286
Author: Ryan Cormier, CanWest News Service
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)

MOUNTIES' KILLER 'SLIPPED THROUGH CRACKS'

James Roszko: Could Have Been Jailed Indefinitely As Early As 1995

EDMONTON - Alberta Justice had flagged James Roszko as a potential 
dangerous offender in 1995, but a following conviction that could have made 
him eligible for that status never came.

Roszko, who had a 30-year record of 44 charges but only 14 convictions, was 
not found guilty of anything after being flagged for a sexual assault 
conviction -- although one for a serious offence could have seen him 
incarcerated indefinitely.

Alberta Justice Minister Ron Stevens released that information in a review 
of Roszko's prosecution history, the first review of its kind in the province.

The report showed a consistent pattern of reluctant witnesses, a lack of 
evidence and a justice system administrative error that combined to allow 
Roszko to serve little jail time.

Still, Mr. Stevens and senior Crown Prosecutor Gordon Wong said the justice 
system did all they could to punish Roszko for his crimes.

"The Crown vigorously prosecuted Roszko to the fullest extent possible," 
the report reads.

However, Doreen Duffy, the mother of Const. Anthony Gordon, one of the 
slain RCMP officers, said, "This says that Roszko slipped through the 
cracks of the justice system. The list of his crimes just goes on and on. 
If they had made him a dangerous offender, my son would be alive today."

Ms. Duffy was particularly emotional while discussing the report, which was 
released yesterday -- what would have been her son's 29th birthday. The 
fact that Alberta Justice had flagged Roszko as only a potential dangerous 
offender bothers her.

"What were they waiting for? Him to kill someone? It's aggravating to read 
this and know he got away with this stuff. The more I read, the more upset 
I got."

On March 3, Roszko shot Const. Gordon, Const. Peter Schiemann, 25, Const. 
Leo Johnston, 32, and Const. Brock Myrol, 29, while they were investigating 
stolen truck parts and marijuana plants in a Quonset on Roszko's farm near 
Mayerthorpe.

Roszko turned one of his guns on himself after being shot by another officer.

Rev. Don Schiemann said the report only confirmed what he had suspected, 
that the justice system needs to be changed to keep people like Roszko from 
falling through the cracks.

The review flagged one blatant error in Roszko's prosecution history, when 
subpoenas were generated for the wrong date in December 1995. Roszko's 
assault charge ended up being stayed.

Mr. Stevens said that error concerned him, but emphasized that the subpoena 
system is now based on computers and less susceptible to human error.

The pattern of witnesses who either failed to testify or lied during 
investigations was out of the justice system's hands, said Mr. Stevens and 
Mr. Wong.

They also said the lack of convictions for serious and violent crimes made 
sure that Roszko didn't reach the threshold needed for dangerous offender 
status.

"It's a small fraction of the criminal population that have a repetitive, 
violent nature," Mr. Stevens said. "They have to establish a track record 
instead of a one-off 'crime '."

Last night, John Roszko scoffed at the idea that his brother wasn't a 
dangerous offender.

"When you threaten to kill someone, you fit that criteria. When you put 
stolen truck parts or marijuana or anything else above somebody's life, you 
fit that criteria."

John Roszko believes the dangerous offender criteria should be lowered if 
his brother fell short of it.

A dangerous offender label is rare, and the procedure is only attempted 
with criminals with consistently violent histories that must be separated 
from the public.

The report included details of many of Roszko's crimes; from smuggling a 
gun across the American border to shooting and handcuffing people to 
sexually assaulting an 11-year-old boy. The sexual assault charge was the 
most serious in Roszko's list, which included minor incident such as 
traffic tickets.

Alberta Justice had launched the review as an explanation in light of so 
many people -- including the slain Mountie's families -- asking why a man 
with a history like Roszko's could have been a free man.

"This was a horrific, unprecedented incident and it was our responsibility 
to review the files to see if there was anything we could add to this 
puzzle," Mr. Stevens said.

A fatality inquiry will be held to examine the incident, but that will not 
be schedule until RCMP have completed their investigation. 
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