Friday, December 26, 2014

My Wrongful Conviction Story

It all started with a message on an online dating website called PlentyOfFish from the complainant who later I started dating.

I worked as a software developer at the time for financial institutions and made good money as a consultant. I had two condominiums in pre-construction and had a brand new Mercedes Benz. She worked as a private investigator/loss prevention officer for the LCBO who had police training, martial arts training and had studied law enforcement at Everest college.

We started dating in the beginning of August 2012 and had our first protected vaginal sexual intercourse on our third date at my condominium. After couple weeks of dating we asked each other about having STDs and we both said no to one another because both of us had done a blood test not long before we had started seeing each other. So, we decided to have unprotected sex instead.

A few weeks went by and I decided to give her a copy of the garage door(FOB Key) and the unit's key for convenience so that she would not have to ask the concierge each and every time she wanted to get in or out.

At the beginning, just like any other couple we hung out, had fun, went to movies and so on. We both had our own places. I lived by myself at my condo and she lived with her parents. Things were good until I started feeling awkwardness in her behaviour. Examples of it were, restraining me from going to the public gym and instead suggested going to the condominium's gym, disapproving friends and disallowing any contact with females such as female friends, female family members and female co-workers. She was checking up on me more and more to an extent that at times she would even pop-up at my place unannounced without prior notice or permission because she had the key to my place.

One night, some time in the beginning of October 2012, I went to Woodbine casino in Etobicoke by myself to play the slot machines. While I was at the casino I left my cell phone in the car because I did not want to be bothered by her. From the time I left my cell phone in the car until I returned, I had received over 20 phone calls and text messages from her. The context of one of the text messages from her was "Why did you break the TV, why did you break the mirror and left". Immediately I called 911 and asked for help and I explained the situation to the operator while I was driving back home on highway 401. Two police officers arrived at the scene. Then she called me from her cell phone and put one of the officers on the phone. I spoke with him and he said nothing is damaged, the TV is not broken and the mirror is there on the wall. The officer asked me if I wanted her to be removed from my place and I told him if everything is fine, they could let her stay. According to the police officer's report she had provided her sister's first name instead of her own and she told the officers that she was intoxicated and did not know what she was texting or saying. As a result, she was NOT charged with obstruction of justice or misdemeanour. The officers left before I got home and when I arrived home she started going off about why I called the police and threatened me that if I ever decide to call the police on her again, I will be the one going to jail and according to her, those officers who showed up were her buddies from the 33 division, remember she was working as a private investigator/loss prevention officer for the LCBO at the time, so she let it slip away this time.

FIRST ARREST:

Another night in mid October 2012, I was exercising at my condo's gym while she was upstairs in the unit cooking food for both of us. I had left my cell phone upstairs while I was working out downstairs. When I returned from the gym, I checked my phone for text messages and missed calls. Right off the bat I noticed something had changed in my phone. I started shuffling through the phone book and suddenly realized all my female contacts were removed from the contact list including my mother, aunts, female cousins and every contact with a female name on it.

I asked her if she had removed my contacts and she admitted to doing so. At that point I grabbed her cell phone and started deleting all her male contact phone numbers to make her feel what it feels like when you invade someone's privacy. As I was going through her contact list, she asked for her phone and I refused to give it back; suddenly things went black in front of my eyes. A few seconds passed by and I realized I was struck in the head with a metal tray. I was off balance, lost my glasses but I would not let go of her cell phone. Next thing I knew I was down on the ceramic tiles of kitchen area while I was receiving punches. Without my prescription glasses I am not able to see good so I decided to get her off me by pushing her away while she was on top of me. I managed to get her off me, she fetched her cell phone from the floor and ran to the neighbours. Police was called and I was arrested. While on the cruiser I noticed blurriness in my vision and abrasions on my body. I asked the police officers to take to the hospital and I was taken to the North York General Hospital's emergency with handcuffs and shackles. There was a big bump over my head caused after the metal tray strike and scratches on my neck and back. I was seen by a doctor and the injuries were documented. The next day, I was informed about my charges by the duty counsel which included: 


1. Assault 

2. Assault causing bodily harm 
3. Uttering Death Threat
4. Intimidation 
5. Mischief 
6. Chocking

I had my bail hearing at 1000 Finch Ave court house and since I did not have anybody to bail me out I remained in custody. Based on the synopsis the complainant's nose was broken and her phone shattered. Same day I was transferred to Maplehurst Correctional Centre in Milton, Ontario and I was placed on the medical range while at Maplehurst. 


I was shipped back and forth everyday between court and jail on the patty wagon until a week after I was released on my own recognizance of $20000 with the condition of no communication with the complainant.


Upon my release, I spoke with my manager at work and explained the situation, the reason for my absence and the charges laid. Luckily, I managed to get my job back the next day.


I went to work the next day and came back home in the evening. While I was sitting on the couch in front of TV eating my dinner, I heard somebody trying to open the door. Yes, it was her letting herself into my place with the set of keys I had given her before. She came in and I asked her to leave and told her I would call the cops if she did not leave. She started crying and sobbing, saying she had made a mistake and she will fix everything by talking to the detective in charge who was an officer she had worked with in the past and also write letters to the crown to withdraw the charges. I felt bad for her when I saw her crying and sobbing. So, I took her word for it.


Then, we started seeing each other again. She took me to a lawyer office who was previously her brother's lawyer on a dangerous driving charge and she recommended him to work on my case. We retained him privately and explained to him what happened. We also went to a doctor office for her nose and there I found out that her nose was cracked not broken and the crack stemmed out from a previous job related injury while she was trying to make an arrest as a loss prevention officer at the LCBO. The doctor made an appointment for her surgery at Richmond Hill Hospital in a week.


I took her to the hospital and waited there until the surgery was finished. Brought her back to my place and took take care of her for a few days until she was back on her feet.


It was mid November, 2012 while one day we were driving on the highway. She turned to me and asked if I would marry her. Right off the bat I told her that it was too early specially with those false pending charges on me caused by her. So, the answer was NO.


We came to my place until she surprised me again.


SECOND ARREST (NOVEMBER 12, 2012):

At my place she asked me for the second time if I would marry her and my answer was no for the second time. Shortly after she took off and I did not ask her where she was going I thought maybe she would come back. Two hours went by and no sign of her. So, I decided to go outside. Took the elevator down to the parking and drove up the parking ramp. As I was turning into the main street I noticed an unmarked grey Nissan Ultima lurking in the dark. Headlights came on and I was being followed until I was asked to pull over at the North East corner of Bayview Ave and Sheppard Ave. Yes, they were plain clothes from the 33 division. I pulled over and one of the undercover cops asked me to step out of my car to show me that there was something wrong with my license plate number. I followed his instruction until he pointed out to the license plate and the moment I turned my head around I was handcuffed. He told me I was under arrest. I asked why I was being arrested, in response he said for assaulting my girlfriend. I was absolutely clueless about what he was talking about but at least I found out where she was at during the last couple of hours. Obviously, at 33 division.
As a result, I was arrested for the second time. Spend the night at 33 division til early morning when I was shipped to 53 division for fingerprinting. In the morning had my bail hearing at 1000 Finch Ave courthouse and I was informed about my new charges by the duty counsel. 8 new charges on top of the original 6 charges laid previously for the total of 14.

1. Assault

2. Assault causing bodily harm
3. Chocking
4. Uttering Death Threat
5. Intimidation
6. Breach x 3

I was remanded and shipped away to Maplehurst Correctional Centre in Milton for the second time and my next appearance was in two weeks. This time I was place in general population and it was my first time being surrounded with hard core criminals.


The very next day I was called up for a visit by the jail guards and I had no clue who was visiting me. I went up on the platform from one side and she walk in through the other side.

 At this point of time I was told by the justice of the peace to refrain from communicating with the complainant but I could not understand how they would allow the complainant to come visit me specially in jail (Where in the world have you heard of a complainant/victim who goes to jail visiting his/her attacker the very next day and seeks forgiveness)!

So, we sat down at the intercom and started talking. For the second time, she said she was sorry, asking me to forgive her and would fix her mistakes by talking to the detective and prosecutors and in return wanted me to marry her. This time around I said to her that I would marry her because I had found myself like a puppet on the string. We only had 20 minutes to talk so she told me to call her on her cell phone. 

Since I was a rookie in jail I did not know that I could not dial out cell phone numbers until I found out through other inmates that the number has to be a land-line to accept collect calls. As a result, I could not call her until the next day when she came for another visit asking me why I did not call her the day before. I told her the reason why and she gave me her parents house phone number in Richmond Hill. From this point forward we started talking on the phone. The way collect calls worked was, I had to dial her parents house phone number from jail, say my name and then she would pick up the phone from the other end, hear my name and then either accept or reject the call. The maximum time limit per phone call was 20 minutes so at times I had to call three or four times per day. It was late November 2012 and my next court appearance was on December 5, 2012. During this time I called my uncle and explained the situation to him and convinced him to come to court on my next appearance to bail me out and he agreed to it. In the meantime, the complainant came visiting me twice a week in jail, put money in my canteen, did my clothing change so I would be representable in front of the judge and she gave me hope while I was behind the bar that she will get me out. 

Two weeks went by until my next appearance, December 5, 2012; My bail was denied by the justice of the peace at 1000 Finch Ave and back to jail. If I remember correctly the complainant came to jail to see me the same day or the day after. She told me that she would go talk to a lawyer and pay whatever it costs from her own credit cards to get me out. Finally she found a lawyer and with the help of the lawyer's secretary wrote the affidavit and submitted it to the crown attorney's office at 1000 Finch courthouse. Despite the affidavit the crown still wanted to prosecute the case. So, a two day trial was set for February 25, 2013 and February 27, 2013.


As a result I spent, Christmas Eve, Christmas Day, New Year Eve, New Year Day, Valentine Day in jail at Maplehurst Correctional Centre for the total of 3 and a half months. During this time-frame the complainant drove her car all the way from Richmond Hill, ON to Milton, ON, week after week, twice a week to come see me behind bars. The jail rules allowed two visits per inmate per week and each visit was 20 minutes long. Also, she put money in my canteen so I could buy items such as cookies, shampoo, magazines to read, protein bars and other odds and ends.


Week after week she came visiting me, we saw each other through the glass and heard each others voice through the intercom until she was barred at the admission by the jail guards. I guess after two months(November 2012 - January 2013) they had finally figured out that she was the complainant and was not allowed to have contact with me. 

Day after day we talked over the phone for hours, except lock down days. We were talking about putting the past behind us, starting a new life and having family and kids together once I got out. Everyday she would tell me how sorry she was for what she had done to me and she would do whatever it took to fix her mistake.


Since she had studied Law Enforcement at Everest College located at 5734 Yonge Street, North York and she worked in the field for many years, she was familiar with the laws. As a result, she knew either the crown attorney or the police might/would charge her with obstruction of justice, perjury and public mischief if she came clean and confessed to her compulsive lies. So, in order for her to protect herself she started seeing a psychiatrist at Richmond Hill hospital located at 10 Trench Street, Richmond Hill, ON.


According to her, due to the nature of her job which was working as a loss prevention officer for the LCBO, she was injured, her pinky/little finger broken, her nose cracked and attacked by men while making arrests and for that reason she had built up some sort of spite and animosity towards men.


She also facilitated phone calls(three-way/conference calls) to and from Iran from her cell phone so I could talk to my parents and could tell them I am ok while I was in jail. She would also talk to my mother in Iran over the phone because the complainant was soon going to be the family's bride.


Initially, these phone calls were made to the complainants parents house phone number and we did not know that each press was costing us $12 for 20 minutes. So, once the parents received the phone bill they were shocked. The bill was almost $1700 for two months. Since I had $25,000 in my bank account, I spoke with the mother and explained to her that I will take care of that and at the same time the complainant had my bank cards in her possession with the PIN number to take the money out from my bank account. The complainant decided not two use the money I had in my business bank account and instead use her own credit cards to pay the bills. During that time, she also took care of my finances which was basically moving money from my business account to my personal account so that the car, insurance and rent payments would go through in my absence.


When it was close to trial date, although she was banned from seeing me, she came to Maplehurst Correctional Centre to change my clothes from the casual clothes I was arrested with to something more formal and re-presentable in front of the judge.

February 25, 2013(First Trial)

Eventually the trial date came and I was transferred from Maplehurst to 1000 Finch Ave Court house. The trial started and the complainant took the stand and started by saying that everything she had told to the police in regards to the first set of charges and second set of charges was a lie and in order to protect herself from being charged by the police or the crown she mentioned said that she was alcoholic, depressed and anti-male. basically she repeated everything she had said in the affidavit she had submitted to the crown attorney's office spiced up with some innocent "Your Honour" face (Once again, she had studied law enforcement in college and worked in the field for many years as a loss prevention officer). So, the trial which was scheduled for two days lasted only for 20 minutes.I was released from 1000 Finch court house in the early afternoon and all 1 charges for the first set and second set of charges where quashed and she was not charged or arrested for perjuring herself, obstruction of justice or public mischief. Yet, the drama did not end here.

Once I was released from custody after 3 and half month, We hugged and kissed in the courthouse got into her car and drove to the Iranian Plaza in North York to grab food. We ordered and took it to go. Then, we went to my condo at 8 Rean Drive, Unit 1306, North York, ON. As soon as we entered, first thing I noticed was my decorated bed with huge red hearts, colognes, Christmas gifts, New Year's gifts, Valentine presents, Valentine's card you name it. I was so happy to be out and I felt this is the woman I would want to spend the rest of my life with. We ate and then had unprotected vaginal sex which was nothing different than the first three months when we first started dating. Spent some time together and afterwards, headed over to the complainant's parents house located at (*** Richmond Hill) to meet with her parents. We entered and I was introduced to her mother and father for the first time. Her father(***) shook my hand but the mother just said hi and welcomed me because she(***), was one of those extremist Muslims who wore a scarf even inside her own home and would not even shake hands of her future groom. At that time the complainants brother(***) was upstairs in his room and the complainant's older sister(***) was overseas in St. Keith studying.

For almost two weeks starting from February 25, 2013, when I was released from custody the second time from 1000 Finch Ave Courthouse, until two weeks after(March 9, 2013) me and the complainant lived together at her parents house but in separate rooms because her parents extreme religious beliefs would not allow sex before marriage. I slept downstairs in front of the fireplace and the complainant slept in her room upstairs. At the time the complainant's parents thought their daughter was a virgin at the age of 28 so they did not want their daughter lose her virginity until she was married, not knowing that their daughter had other partners in the past and lost her virginity when she was 21 years old. In the meantime, whenever me and the complainant wanted to have our privacy we would go to my condo at 8 Rean Dr. Suite 1306, North York to spend time together.

March 2, 2013(NYGH - Herpes)
Approximately 3 or 4 days after I was released from custody, the complainant started having rashes and white clusters around her genital area. At the beginning we thought it was some kind of infection which would go away after a while; however, they became worse and I started having abdominal cramps and vomiting as well. So, on March 2, 2013, I took her to North York General Hospital to find out what it was. She was diagnosed with genital herpes(HSV-2) and according to the doctor since I had unprotected sexual intercourse with her I was exposed to the virus and I was at risk of getting it too. So, I was given some medication.

March 9, 2013(Cultural Marriage)

Finally on March 9, 2013, we managed to book the time with a clerk to do the cultural wedding so that me and the complainant could live together at my condo. People who were present at the clerk's office were, me, the complainant, complainant's father, complainant's mother, complainant's brother. We did the paperwork and the complainant's father signed the marriage paper as a witness. As a result, from that point forward the parents allowed us to live together. One of the conditions of this marriage set by the complainant and her parents was to pledge 1982 gold coin set after my year of birth so that in the event of separation or divorce the bride could claim that, and I had to agree to it.

March 23, 2013(My Birthday Party)
My birthday is on March 28 and the complainant was planning to throw a party on my birthday at my condo(8 Rean Dr. Suite 1306, North York, ON) but in year 2013, March 28 fell on a Thursday and the complainant wanted to have the party on March 23 instead which was a Saturday so the guests she had invited could make it to the party. People who were invited to this birthday party were only the complainant's friends and family members. She did not allow me invite any of my friends or relatives (Pictures were taken).

March 24, 2013(Day After My Birthday)

It was passed mid-night and everybody had left. All of a sudden, the complainant started accusing me of looking at her friends butt, a married woman with a son. This argument went on until the break of dawn when she became mad and started grabbing dishes from the overhead cabinet and shattered them on the ceramic tiles of small kitchen area and broke them into bits and pieces. 

A few minutes after, she called 911 and told the operator that her husband who has been recently released from custody has assaulted her and broke her dishes. She hung up, turned to me and said, "If you do not want to go to jail again, you better off pick up the pieces and clean up". While I was picking up the pieces of shattered glass she placed another 911 call asking the operator to cancel the dispatch because she changed her mind and the call was a mistake. However, according to the complainant, the operator said to her that considering the history between the two of us an officer has to come by and check up on the situation to make sure everything is ok. 

It took the officer 20 to 30 minutes to arrive. In the meantime me and the complainant were cleaning up the kitchen area. She told me to sit on the couch and not say a single word because she knew how to handle the situation(She worked as a private investigator, had studied law enforcement). Once the officer arrived, I did what I was told and she did the talking. As a result, the officer left without making an arrest yet make a report of the incident.

April 2, 2013(Pregnancy Test Result)
On this date the complainant was found pregnant.

I skipped work that day and we both went to her previous family doctor, Dr. Masuma Contractor located at 13291 Yonge Street, Suite 100 Richmond Hill, ON L4E 4L6(Phone: 905-773-7759). The complainant told me to stay in the car and did not allow me to go in the doctor's office.
  
She went to see her doctor to get the pregnancy results. She came back with the results and was 6 weeks pregnant. She started acting up, putting the blame on me for making her pregnant. Also, things became worse after she told her parents that she was pregnant. As a result, she was forced by her parents(specially her mother who is excessively religious) to abort the baby. Her parents called the unborn baby a bastard because according to their religious beliefs the date she had conceived was prior to our cultural wedding day which was on March 9, 2014.
  
We went to eat at a place called Baharan Sandwich(10185 Yonge St, Richmond Hill, ON L4C 1T5) just north of Major MacKenzie on Yonge St and after that we went grocery shopping at Walmart and Freshco in Richmond Hill area so that there would be enough food to eat in the refrigerator if she did abortion. Once we were done shopping we came back home and I was exhausted and she started arguing with me why I was feeling tired and could no longer continue grocery shopping with her. She started screaming the the parking for being pregnant and the fact that she had decided to abort the child and calling me names(P2 level where I park my car - Spot number 359). Then, she threw her handbag(Pink and Black Calvin Klein brand) at my car leaving scratches on the hood. She picked up her handbag and went upstairs to P1 level to get in her car and I took grocery bags upstairs to the unit. The complainant went away for approximately 3 hours and then she called me from outside of the building telling me to leave in 5 minutes because she wanted to come in.


As I was about to walk out the door, the complainant came in at the same time and started cursing me and my mother.Then as I was tying my shoelaces, she became mad because I chose to walk away and then jumped up and kicked me in the back of my head in the foyer area then she punched me on the left side of my face, breaking my glasses and leaving scratches on my face.

April 3, 2013(Abortion)
The next day, April 3, 2013, we booked an appointment at Morgentaler Clinic located at 727 Hillsdale Ave E, Toronto, ON M4S 1V4 at 9AM.

I took another day off from work and explained to my manager that my wife was pregnant and wanted to have an abortion. In the morning, I drove the complainant to the clinic and all the way she was swearing and cursing at me. None of her family members showed any support in terms of helping us with the decision they had made for the baby. When we arrived at the clinic, she did not allow me to enter the clinic and told the security guard to stop me from entering. So, I waited outside in the stairs case of the clinic for two hours until she was released because I knew after the operation she would be bleeding and feeling weak. Eventually, they let me in and the complainant was released at 10:50AM. I helped her to walk down the stairs and drove her back home.

If I am not mistaken about the date, at this point in time, I contacted my attorney and I was seeking legal advice. When I met with him in person I explained the situation, told him what was going on in my personal life and how I was being under duress by this woman. His recommendation was to record the incidents on voice recorders wherever I was present and I asked him if it would be a crime to record other people's voices and in response he said, its not a crime as long as I was present. So, I bought two voice recorders online.

April 9, 2013(Complainant's Arrest + Self Harming)

On April 9, 2013(Tuesday), the complainant wanted to go out with her friend to St. Louis restaurant. I was at home at it was early evening. Once the complainant was done with her friend she called me on my cell phone from her cell phone and as always she started arguing about something until she arrived at home.The moment she stepped in I switched on the voice recorder and I was reading an article on the internet about suicidal people and how to help them prevent suicidal thoughts. So, I closed down the page I had open so she would not see what I was reading about.


April 10, 2013(Complainant's Release from College Park)

April 11, 2013(Letter to the Crown Attorney + Phone Call to Detective Cannon)


April 20, 2013(Move From 8 Rean Dr to 525 Wilson Ave)


May 6, 2013(Marriage License - Scarborough Civic Centre)


May 8, 2013(Recording)


May 9, 2013(Third Arrest - Accusations of Sexual Assault)

I slept on the same bed with the complainant with my eyes wide open in fear that she might grab the knife again and this time cut my throat. It was 6 or 7AM in the morning when I got off bed, grabbed the voice recorder from underneath the bed, grabbed my briefcase with my laptop in it, got dressed and went to work. While I was on my way to work from the Wilson Ave Condo to down-town core where I used to work, she called and remained on the line with me to make sure that I am not going to the police and repeatedly begged me not to go to the cops and I told her I would not.

As soon as I got to my desk, I booted up my laptop and and started uploading the May 8's recording to the cloud service I had with Google Drive.


Morning 

Early Afternoon
Late Afternoon
32 Division (Lori Kranenburg) Print Room
Existence of audio recordings and mockery of police and justice system.

1. Assault

2. Sexual Assault

May 14, 2013 (More Charges after 3 day investigation hold)


1. Uttering Death Threat (November 13, 2012 - February 26, 2013)

2. Uttering Death Threat (November 13, 2012 - February 26, 2013)
3. Disobey Court Order (November 13, 2012 - February 26, 2013)
4. Intimidation of Justice System Participant (November 13, 2012 - February 26, 2013 ) 
5. Aggravated Sexual Assault (February 26, 2013 - February 28, 2013) 
6. Mischief Under $5000 (March 24, 2013) 
7. Assault with a Weapon (April 9, 2013 - April 10, 2013
8. Sexual Assault Causing Bodily Harm (April 9, 2013 - April 10, 2013
9. Assault with a Weapon (May 8, 2013 - May 9, 2013) 
10. Uttering Death Threat (May 8, 2013 - May 9, 2013) 
11. Sexual Assault with a Weapon (May 8, 2013 - May 9, 2013) 
12. Assault with a Weapon (May 8, 2013 - May 9, 2013) 
13. Uttering Death Threat (May 9, 2013)


LOW COURT BAIL AFTER TWO MONTHS (DENIED BAIL)



August 20, 2013 (Ankle Bracelet + House Arrest + 50,000 Bail)

The superior court judge had made up his mind and I was all ears. He agreed to the conditions of my bail and suggested to the high court crown that this case without proper evidence would not go anywhere. Once the session was over as I was overhearing, the high court crown turned to the detectives and said that he does not want to be involved in my case and they told the crown that there is nothing to be worried about because my case was going back to provincial court. 

I had chosen to have my trial at provincial court over superior court because I had a lot of confidence in the evidence I had collected including pictures of my injuries, voice recordings, documentation of different incidents and my safety notes and I figured even the worst judge could see the whole picture behind this woman's and he family's diabolical plans and should be able to see right through them how they set me up.


So, I was released on strict bail conditions which included, $50,000 non-cash with two sureties(My uncle and my friend), house arrest, ankle bracelet / GPS monitoring system, no contact with the complainant and her family and no cell phone use from 361 University Ave Superior Court house. Straight ahead I went to the nearest TD Canada trust bank at the corner of University Ave and Dundas St to get some cash. Surprise, surprise!!! My bank accounts were cleaned out for the total of $11,000. Both my business and personal bank accounts. I guess by now you can tell who did it.


Right away, I asked for the print out of transactions which took place while I was incarcerated because I can not be in two places at the same time. Either I am in jail doing time or out and about cleaning out my bank accounts. I sat down with the bank manager and filed a complaint about these fraudulent transactions in my absence and he said there will be camera footages showing who had done it but I needs to be investigated.


She was the only person who knew the PIN for both my personal and business accounts and all these transactions were done by the original cards according to the bank because there is a serial number attached to each card in the magnetic strip which identifies original from counterfeit. Hello! Who else but her had access to my properties and belongings.


Reference to the detective's notes (Page 65 - 66) - May 14, 2013:

According to the detective's notes, the complainant drops off a list of things at 32 division including my wallet; However, in the list of items the two debit cards one for the personal checking account and another for the business account were missing.

I believe the banks keep those camera footages for 7 years 

Now imagine this, if you are a complainant and so scared of somebody who you say  threatened you and your family to death, sexually assaulted you on so many different occasions with and without a weapon, you do not go near him or his bank accounts and clean them out. If she and her family had any fear from me, they would not go near my place to empty it out or fearlessly clean out my bank accounts. 

This point alone proves how they set me up and framed me for their own financial gain let alone their plans with the two condos which were in pre-construction, the 1982 gold coins which they were going to go after and the affidavit the complainant was demanding for me to swear about her own charge to have her charge dismissed.


August 21, 2013 (Wilson Ave Condo)

Since I had to be accompanied everywhere with at least one of my sureties, the next day, August 21, 2013, me and my friend took a cab to the Toronto Police Property and Evidence Management located in Etobicoke to pick up my belongings which included my laptops, desktop computers, my Mercedes car keys, prescription glasses and IDs. Luckily they still had them in their possession but unfortunately they had shipped out my driver's license somewhere else in Scarborough. I picked up what they had there and made arrangement with my old landlord to enter the condo in the afternoon in his presence.

The three of us, me, my surety(friend) and my landlord entered the condo and another surprise! The condo was cleaned out too. Even my dirty underwear were gone. The only thing I could picture was a scene of bunch of scavengers over a dead corpse.


Police Report About Fraudulent Transactions 32 Division 



November 25, 2013(Second Trial - Sexual Assault Charges)


Trial Dates:


Nov 25, 2013
Nov 27, 2013
Nov 28, 2013
Dec 12, 2013
Dec 16, 2013
Jan 30, 2014
Feb 5, 2014
Feb 25, 2014
Mar 11, 2014
Apr 01, 2014
Apr 02, 2014
June 6, 2014
June 11, 2014
July 23, 2014
Sep 18, 2014 (Trial Conclusion)
Oct 28, 2014 (Delayed Verdict)
Dec 5, 2014 (Delayed Verdict)
Dec 10, 2014 (Delayed Verdict)
Dec 19, 2014 (Oral Summary Verdict - Found Guilty)
Jan 16, 2014 (Written Judgement - Delayed): No Written Judgement
Feb 25, 2015 (Sentencing - Delayed): No Written Judgement
Mar 23, 2015 (Sentencing - Delayed): No Written Judgement
April 2, 2015 (Judge's promise to deliver her written reasons)
May 07, 2015 (Judge's decision not ready)

December 19, 2014(Verdict)


Finally after 5 months of waiting for the judge's decision, the verdict was read summarily and the judge said her written reasons will be sent to my trial lawyer.


1. Uttering Death Threat (November 13, 2012 - February 26, 2013) ACQUITTED

2. Uttering Death Threat (November 13, 2012 - February 26, 2013) CONVICTED
3. Disobey Court Order (November 13, 2012 - February 26, 2013) CONVICTED
4. Intimidation of Justice System Participant (November 13, 2012 - February 26, 2013 ) CONVICTED
5. Aggravated Sexual Assault (February 26, 2013 - February 28, 2013) ACQUITTED
6. Mischief Under $5000 (March 24, 2013) CONVICTED
7. Assault with a Weapon (April 9, 2013 - April 10, 2013) ACQUITTED
8. Sexual Assault Causing Bodily Harm (April 9, 2013 - April 10, 2013) ACQUITTED
9. Assault with a Weapon (May 8, 2013 - May 9, 2013) CONVICTED
10. Uttering Death Threat (May 8, 2013 - May 9, 2013) CONVICTED
11. Sexual Assault with a Weapon (May 8, 2013 - May 9, 2013) CONVICTED
12. Assault with a Weapon (May 8, 2013 - May 9, 2013) CONVICTED
13. Uttering Death Threat (May 9, 2013) ACQUITTED

January 14, 2015(Probation Officer First Interview - John Baker)

January 28, 2015(Probation Officer Second Interview - John Baker)

January 16, 2015(Written Decision)
It's February 9, 2015 while it's two weeks away from my sentencing and the judge has not delivered the written reason to why she has convicted of 7 charges which she had found me guilty of which she was supposed to deliver a month ago.

February 25, 2015(Awaiting Written Decision)


March 23, 2015(Awaiting Written Decision)


April 13, 2015(Failed to Comply + Obstruction of Peace Officer)
- 51 Division
- Legal Aid Certificate
- Toronto South Detention Centre

May 01, 2015(Date of Lawsuit Filed)
- Court File Number: CV-15-527367

May 06, 2015(Released from College Park Court House)

May 07, 2015(Awaiting Written Decision)
-Judge was present
-Judge's written reasons of convictions was not ready
-Judge has a conference to attend so the decision has been put over
-Paul Genua took over from Moshe Micha

May 08, 2015(Lawsuit Received In Mail)

- $7,000,000 Lawsuit launched by the complainant
- Ontario Superior Court of Justice
- STEVEN K. STAUFFER (LSUC: #32063S) 
Address: 37 Maitland Street, Toronto, ON M4Y-1C8
Telephone: 416-413-0336
Facsimile: 416-413-0447
Mobile: 416-836-1661
E-Mail: stevenstauffer@on.aibn.com




May 25, 2015(Awaiting Written Decision)



November 05, 2015(Sentencing Day)
Finally on November 5, 2015 I was sentenced by the judge to 927 days in custody and my Bail Pending Appeal was scheduled on the same day in order to stay out of jail and fight the case in the Appeal court. I was taken into custody and transported to Maplehurst correctional centre over night while waiting for my bail papers to be faxed in from the Appeal court to the correctional centre to be released.

November 06, 2015(Bail Pending Appeal)

Finally the bail was granted and the papers came through.



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NOTES:

March 30, 2015

It has been 2 years(24 months) since I was charged, back in May 9, 2013 and I am realizing how my constitutional and charter of rights have been violated according to Section Eleven of the Canadian Charter of Rights and Freedoms.


(b) to be tried within a reasonable time;

Called Legal Aid Ontario Today(March 30, 2015) Explaining the situation and seeking help.





Based on both voice recordings presented during trial(April 9, 013 and May 8, 2013) and pictures taken from the complainant by the police, it's elusive obvious that she has a pattern of self-harming and self-inflicting injuries in all incidents in order to hold accused accountable for those injuries. Putting aside voice recordings of April 9, 2013 which is the night of complainant's arrest, the pictures of self-inflicted injuries taken by the police from the complainant, clearly explains that the two clean cuts on both of her forearms where solid evidence of self-caused clean cuts done by one to herself otherwise the cuts would have been deep or deep and shallow.

JUDGE'S SUBMISSION: During trial the judge did not understand the complainant's testimony thoroughly due to the fact that the complainant's first language was not English. Also, the judge suggested that maybe the complainant should have had an interpreter during trial.

On May 9, 2013, the complainant sends a text message to her father to call 911 asking for help and directing the father about what he should say to the operator and the translation of that message from Farsi to English is "Tell the cops that I was kidnapped" where as she was living with the accused at the time of this false report. This evidence was in form of a picture when 32 division officers took pictures of the complainant's and her father's text messages.


JUDGE's COMMENT ABOUT THE VOICE RECORDING:
The judge simply called the voice recordings evidence I presented in court as an exhibit to protect myself against false allegations of sexual assault and what I knew I was going to be framed with "Self-Serving"

and, YES it is self serving but I was trying t protect myself.

To prove this person is a dangerous person and a black widow who could hurt others.

The false allegations were self-serving for the complainant to evade the laws to commit a crime such a

COPS DOCUMENT INCIDENT
FIRE FIGHTERS DOCUMENT INCIDENT


SELF-SERVING =/ LIFE-Saving

CLOSING SUBMISSION BY MY TRAIL LAWYER:
Not answering the client state of mind

CAMERA FOOTAGES OF HER ARREST TO BE REQUESTED

BANK STATEMENTS AND BANK TRANSACTION FOOTAGES TO BE REQUESTED


Saturday, December 20, 2014

How to protect yourself against false accusations of sexual assault in Canada

This blog is based on my own experience with the Canadian legal/justice system and to clarify I am not a lawyer or an attorney. So, if you would like to put to practice any of my suggestions in order to protect yourself from false allegations of sexual assault or rape please consult with a lawyer in advance.

It is crucial to mention that I am not gender-biased so this article could be useful to both men and women. My intention of writing articles in this nature is to prevent miscarriage in justice system and punish those to the fullest extent who take advantage of justice system by making up false allegations of sexual assault for their own financial benefit, blackmail, mischief, revenge, spite, hatred.

As it is becoming more and more epidemic in our society when a man or boy, a woman or girl brings up false allegations of sexual assault upon a person of same sex or opposite sex, we need to think of ways to protect ourselves when we see it coming.

In some cases allegations of such nature could be historical which would be harder to prove in court. Yet to avoid such inevitable disputes in court, it is best to document sequence of events on digital audio and video recording devices and have them stored in a safe place for instance cloud services on the internet.

The reason why I am suggesting storing audio and video evidence/documentation in secure cloud services (Google Drive or DropBox), is their accessibility over internet in case you are incarcerated and your hands cut off from the outside world or in the event the devices are ruined or vanished by the time you are released from custody.

VERY IMPORTANT:
The Criminal Code, R.S.C. 1985, c. C-46 [Criminal Code] imposes a general prohibition on interception (recording) of private communications, but then provides an exception where one of the parties to the private communication consents to the interception of that communication. Thus, broadly speaking, Canadians can legally record their own conversations with other people, but not other peoples' conversations that they are not involved in.

IN OTHER WORDS:
You can legally record any conversation that you are part of without consent of the other person.

AND

You cannot legally record a conversation between two other people as a third party unless you have their consent.

In addition to the above mentioned statements below is a simpler version by Howard Levitt an Employment and Labour Lawyer:

"You can walk around with a tape recorder all day long if you wanted to in Canada"


Here is a list of very important things you would have to pay close attention to before making an audio or audio and video recording:

1. Having both audio and video recording is always better than just the audio

2. Make sure the recording is continuous and there are no gaps or cut offs during the recording or you will be questioned in court.

3. The date and time stamp is extremely important in court as this could present the exact date and time an incident took place. If it is just an audio recording try to say the date and time verbally either at the beginning or the end of recording for the purpose of documentation.

4. Make sure your recording is not modified and presented in court in its intact condition or there will be questions about the integrity of the content.

5. Try to record as many hours, days and months possible because charges are laid on specific days and if your evidence date does not match the date of charges laid by the Police, your evidence will be challenged or not useful at all.

6. As soon as a recording is made upload it to the cloud (Google Drive or DropBox) because another hour or another day might be too late and you might get arrested and your hands cut off from the evidence before you know it.

7. Once you have collected your evidence and uploaded your evidence to the cloud, in the event you get arrested DO NOT mention anything about the existence of such evidence to the Police because it will work against your favor once your trial starts. There are couple of reasons why you should keep your mouth shut; the main one being that both crown attorney and the complainant will become aware of such evidence and be prepared for their part of story. As a result, your attorney will not be able to surprise them with their lies and catch them on those.

Now, when it comes to such time-sensitive point in your life you would want to get at least a few audio and video recording devices as fast as you can. Again, another minute, another hour, another day might be way too late to prove your innocence although they say you are innocent until proven guilty and all it takes to find you guilty is one bad judge who would find the complainant(s) story more believable and more credible than yours.

Below is the list of a few items which you could buy from eBay or similar online stores but keep in mind that buying them online, shipping will always take anywhere from 4 to 8 weeks. For that reason I would suggest looking for local sellers because the clock is ticking.

1. USB VOICE RECORDER - With this voice recorder you will get anywhere from 12 to 15 hours of continues audio recording and since it is not voice activated it would be perfect as court evidence. What I like about it is the crystal clear sound quality which picks up high quality audio within 15 meter radius and the fact that it looks just like a regular USB stick. I also I like the simplicity of this device, you do not need any special software, drivers or cables to operate it, everything is through the USB port. The only thing is that you have to charge up the device between 3 to 4 hours before you can use and while it is being charged it can not record. Once again back up your evidence to the cloud before it is gone!
2. WATCH WITH HIDDEN CAMERA 1080P

3. CAR KEY WITH HIDDEN CAMERA


  

4.