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
