GIL KIM.
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STORY: "York Region cops covered up assault of robbery suspect, judge finds,"by reporter Wendy Gillis, published by The Toronto Star on September 5, 2017.
SUB-HEADING: "The judge’s ruling has prompted York's police chief to order an independent investigation by Peel Regional Police."
PHOTO CAPTION: "York Regional Police detectives Alec Tompras, left, and David Noseworthy both denied assaulting the suspect in the robbery case. "
GIST: "Ontario
Superior Court Justice Cory Gilmore was already suspicious of two
experienced York Regional Police officers when they refused to
acknowledge that a stain marring a white Banana Republic long-sleeved
shirt was blood — in spite of DNA evidence. It
looked like a coffee stain, Det. David Noseworthy told Gilmore’s court.
Det. Alec Tompras, an officer with 11 years on the job, testified that
he did not know what blood stains looked like. But
it was a bizarre interview filmed at the police station — in which the
accused in a 2012 robbery can only be seen from behind on video, while
the police interviewer is in full view — that ultimately prompted a rare
and sternly worded ruling from Gilmore to stay charges against a man
who admitted he’d participated in a Markham cellphone store holdup. The
police misconduct in the case, she ruled, was too serious to proceed on
the charges, as it violated the charter rights of the accused. Gilmore
found there was “no other conclusion” than that Gil Kim, facing charges
including robbery with a weapon or imitation weapon, was assaulted by
Tompras and Noseworthy at a York police station after his arrest on Aug.
2, 2012. The officers then attempted to “cover it up,” she found. “I
find that both detectives … used physical intimidation to attempt to
extract a confession from him. When they were unsuccessful, they had to
hide the evidence of their actions by washing the blood out of his shirt
and placing him away from the video camera for his interview,” Gilmore
wrote in her Aug. 24 ruling. The ruling prompted York’s police chief to order an independent investigation by Peel Regional Police.........Kim’s lawyer, David Bayliss, said
one of the most shocking parts of the case was that it was fairly “run
of the mill” — a crime he called a low-level robbery involving a man
with no prior criminal record, where no one was physically harmed......... According
to Gilmore’s ruling, Kim was “candid” in his admission that he’d
participated in the robbery. He appears in surveillance video, his face
disguised as he holds something in the shape of a handgun while store
employees load a duffel bag with phones and cash from the company’s
safe. Kim then left the store in a Pontiac Sunfire driven by one of his
co-accused and owned by another. Just over
two months later, York police arrested Kim in Toronto while he was
driving his father’s car. He was taken into custody and brought to a
York police station on Markham Rd., where he was booked, searched and
placed in a cell. While Kim contended he
was roughed up from the start — he claimed that during his arrest, one
cop whispered in his ear, “Wait until we get to the station” — Kim
stated that the real abuse began when he was taken into an interview
room at the detachment. During testimony at
his hearing for a stay of his charges, Kim claimed Noseworthy told him
that his co-accused in the robbery had already given him up and that he
should confess on camera. Noseworthy threatened Kim that if didn’t
confess, he would be beaten, Kim said. When
he maintained his right to silence, Kim testified that Noseworthy then
put on a set of leather gloves and punched him on the side of the face
with a closed fist. The officer went on to strike him in the head and
torso, grab him by the throat, bang his head against the wall and kick
him in the shin, Kim testified, adding that Tompras told him “this is
what happens to people who rob businesses in broad daylight.” Kim
then told the court that his nose began to bleed, prompting Noseworthy
to tell him to take off his shoes, his white shirt and tank top. He said
Noseworthy then struck him in the head with one of his shoes and left
the room with the shirt. “I couldn’t
believe this was happening,” Kim testified, according to Gilmore’s
ruling. “I thought this stuff only happened in movies.” Soon after, the officer returned with a warm, damp shirt, the blood stains mostly gone, Kim said. Kim
was then taken to a different interview room and questioned on video by
Tompras. In the video, Kim maintains his right to silence but is barely
visible — only the back of his head and part of the right side of his
face can be seen. Tompras is in full view. Kim
testified that he did not know where the camera was at the time, but
recalled that Tompras directed him to sit in a chair that he later
learned faced away from the camera. Kim
testified that he was held overnight, and the following day, after being
granted bail, he went to hospital at the insistence of his mother,
father and sister. All three testified that they were concerned about
his injuries, which included a swollen face, bruising and a bump on his
head. On the stand, Noseworthy denied all
allegations about assaulting Kim, or having any contact with him
whatsoever other than when he delivered food to him that evening. Tompras
also denied assaulting Kim. Both officers denied ordering Kim to remove
some of his clothing or washing any blood out of the shirt. Gilmore
criticized the testimony of both officers on the stand, saying they
were “dismissive of any possibility of wrongdoing.” The judge took issue
with many aspects of their conduct but put most emphasis on the
interview video in which Kim is in the “wrong seat,” facing away from
the camera — a fact that “simply cannot be explained away.” “The
only inference that can be drawn is that this was done to ensure that
the blood on Mr. Kim’s shirt or facial swelling could not be seen on
camera,” Gilmore wrote. When asked about it
on the stand, Noseworthy called it “a silly error” that should not have
happened. Tompras said that “ideally” the accused should be in full
view of the camera but that there was no clear policy on that, a
statement he later admitted was inaccurate. As
an experienced officer, Tompras had to have known that the purpose of a
videotaped interview was to allow the accused to be seen on camera,
Gilmore wrote. “For him to suggest that
this was effectively a matter of officer discretion is bordering on
ludicrous,” she wrote, adding that the “cavalier” manner with which the
officers treated the “grave” video error was “disquieting to say the
least.” The judge also questioned how the
officers could maintain that stains on Kim’s shirt — which he’d
preserved in a plastic bag, then sent for DNA testing — were not blood.
Both officers were aware of the DNA test results stating it was blood. “(Tompras)
went so far as to say that he did not know what blood stains looked
like. This evidence from a police officer with 11 years experience is
incongruous at best,” Gilmore wrote."
The entire story can be found at:
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/c