Thursday, January 17, 2008

Part Four: Interrogation Of An Innocent Mother; Police Seek Search Warrant For Her Baby's Casket;

"WHEREAS IT APPEARS UPON THE INFORMATION OF SGT. ROBERT KEETCH THAT THERE ARE REASONABLE GROUNDS TO BELIEVE THERE ARE IN THE BURIAL CASKET OF (NICHOLAS) AT (DESCRIPTION OF GRAVE SITE), HEREIN CALLED THE PREMISES, CERTAIN THINGS NAMELY: LETTER WRITTEN BY LIANNE GAGNON, MOTHER OF DECEASED (NICHOLAS) WHICH WAS ENCLOSED IN THE CASKET AND BURIED WITH THE DECEASED THAT ARE BEING SOUGHT AS EVIDENCE IN RESPECT TO THE COMMISSION, SUSPECTED COMMISSION OR INTENDED COMMISSION OF AN OFFENCE AGAINST THE CRIMINAL CODE...(SECOND DEGREE MURDER;)"


(The recently posted concise chronology for this series will hopefully help the reader negotiate this series of several postings which is called, "Interrogation of an innocent mother;)"

An earlier posting detailed the oppressive interrogation Lianne Gagnon was subjected to by Sudbury Regional police officers on June 19, 1997. (See: Part One: Interrogation of an innocent mother);

It is evident from a "case note" prepared by the force that the officers were not satisfied by Lianne's explanation as to the events leading up to Nicholas' sudden death.

The "case note" reads: "During the interview, Lianne Gagnon failed to provide a reasonable exclamation for the findings observed at the autopsy or subsequent examination of samples by Dr. Charles Smith."

The "overview report" on Nicholas' prepared by Goudge Inquiry staff on Nicholas' case, tells us that the police received information from Pierre Thibeault's mother, Carole Thibeault, that Lianne and Nicholas' grand-parents had placed letters in Nicholas' burial casket.

This is the point where, in this Bloggist's view, the Sudbury police conducted what must be one of the most offensive, ugly, and cruel search warrant applications I have ever heard of either as a criminal lawyer or a reporter.

On the very day that Nicholas was to be disinterred they sought and received a search warrant from a judge allowing them to seize and examine the letter.

The "overview report" indicates that Sergeant Keetch sought the warrant on the basis that, "there is a possibility that evidence relating to the cause of (Nicholas') death may be contained within the letter."

The search warrant, drenched in legal language, reads:

"Whereas it appears upon the information of Sgt. Robert Keetch that there are reasonable grounds to believe there are in the burial casket of (Nicholas) at (description of grave site), herein called the premises, certain things namely: Letter written by Lianne Gagnon, mother of deceased (Nicholas) which was enclosed in the casket and buried with the deceased that are being sought as evidence in respect to the commission, suspected commission or intended commission of an offence against the Criminal Code...(second degree murder;)"

(To this humble Bloggist it is hard to imagine what reasonable grounds could possibly justify the issuance of a search warrant seizing a mother's letter to her deceased son in these circumstances);

When the casket was opened on June 25, 1997, the day after the disinterment - officials logged, "three letters, a teddy bear, soother hat, cross, a bell and seven photographs.

"A letter with 'To my beautiful lovely Nicholas XO' believed to have been written by Lianne Gagnon was seized, opened and examined," the "overview report" says.

This was yet another outrage directed against an innocent mother - and, as the next posting will show, it was a mere prelude to an outright investigative assault on Lianne Gagnon.

Next posting: Part Five; "Interrogation of an innocent mother; Police enlist Nicholas' father in wiretap operation targeting Lianne;"