Holmoka loses media ban bid

Quote:

---

Montreal (CP) - Karla Homolka, who says she fears for her life once released from prison, will have to face the public and the media without any special protection, a judge ruled Wednesday.

Media were given the go-ahead to report on Homolka's post-prison life after the judge dismissed a request by the convicted killer for a sweeping injunction that would have imposed severe limits on news outlets.

Quebec Superior Court Justice Paul-Marcel Bellavance said preventing the media from doing such things as taking her picture or reporting on her home address would be a danger to freedom of the press.

"One day or another, after 12 years of detention, Karla Teale must face the Canadian public and the Canadian media," he said, using the legal name Homolka adopted in the 1990s.

"The public has the right to know the nature of the crimes committed."

Bellavance's ruling came amid reports Homolka intends to challenge restrictions placed on her freedoms when she's released from prison, which could be as early as Thursday.

The restrictions, which were imposed by another judge earlier this month, include having to report to police once a month and giving police 96 hours notice if she wants to leave Quebec.

Christian Lachance, one of Homolka's lawyers, said Bellavance's ruling means "she's in danger."

"As I said in court, there's people who want her dead," he said, noting death threats on the Internet.

Lachance said he may appeal Bellavance's decision, which came after Sylvie Bordelais, another lawyer for the convicted killer, said Montreal and Quebec provincial police will not treat Homolka any differently from anyone else when she is released from prison.

"They can't do any more because she becomes like anyone else," Bordelais told Bellavance.

Homolka sought the injunction to restrict media because she believes her life will be in danger from members of the public if they find out where she lives or what she looks like.

Bellavance said the defence arguments for the injunction were unconvincing and he believed it would be unwise to impose the kind of restrictions sought by Homolka and her lawyers.

He also said he took into consideration that Homolka is subject to restrictions under Sec. 810 of the Criminal Code which were imposed because she is potentially dangerous.

Homolka is expected to be released from a Montreal-area prison between Thursday and Monday after serving her entire 12-year sentence for manslaughter in the sex slayings of Ontario schoolgirls Kristen French and Leslie Mahaffy.

Lawyer Christian Leblanc, representing several media outlets, said he's pleased with the decision.

"It's full of common sense," he said outside court, adding restrictions on the media would have set a bad precedent.

But the judge didn't close the door completely to revisiting possible restrictions.

"One day or another, we'll have to look at the situation if the media becomes too insistent or behaves badly," Bellavance said.

Lachance said he would give Homolka the bad news.

"She can't imagine that (being out of prison) because she fears very much for her safety."

In an affidavit that accompanied the injunction request, Homolka said she believes "that some people wish to do the public a favour by killing me."

Lachance told the court that, without any restrictions "a public lynching would be authorized."

"She would be imprisoned in society and thrown to the lions," Lachance told the judge.

But Bantey, a lawyer for some of the media fighting the injunction bid, said the court "shouldn't become a bodyguard for Madame Homolka."

Earlier, other lawyers for Homolka argued the public should not be allowed to know where she lives because that would put her life in danger.

"The injunction is necessary to rule out a risk that is real and significant," said Walid Hijazi.

"This woman is alone and without resources."

Meanwhile, a source with Ontario's Attorney General said Homolka is appealing the range of restrictions placed on her eventual freedom and that her lawyers have filed a notice of appeal of the Sec. 810 order.

The source said there will be preliminary discussions on the matter on Tuesday in Joliette, Que.

"As the matter is now under appeal, no further comment can be made at this time," said a spokesman for Ontario Attorney General Michael Bryant.

The wide-ranging restrictions were imposed under the rarely used Sec. 810 of the Criminal Code that can result in restrictions on where somebody can go and who they can associate with if there are reasonable grounds to believe that person will harm others.

Homolka was not in court Wednesday.

-Luann Lasalle

---

Just another for those who were interested...although I'm not sure if anyone but NikkiD was following this one. ;)

:shuriken:

I am following it. ;) I'm quite glad she was shot down.

I'm actually shocked at how lenient her restrictions are, given the nature of her crimes. :( 12 years wasn't near enough time. Manslaughter my ass. :dry:

I believe 12 years was the maximum they could have her put in for manslaughter, since that was part of her plea bargain... Those 12 years went by pretty quick, though.

The deal they had probably shouldn't have been kept after those videotapes surfaced, though. Obviously she wasn't the abused wife she initially claimed.

:shuriken:

Quote:

---

Originally Posted by MagicNakor

I believe 12 years was the maximum they could have her put in for manslaughter, since that was part of her plea bargain... Those 12 years went by pretty quick, though.

The deal they had probably shouldn't have been kept after those videotapes surfaced, though. Obviously she wasn't the abused wife she initially claimed.

:shuriken:

---

Exactly - the 12 year sentence was conditional on her being completely honest about everything that had happened. Once the videotapes were introduced, it was obvious that she'd lied about the degree to which she was involved, and that there were events that she'd omitted entirely in her testimony. The fact that she didn't hold up her end of the plea bargain, and that her testimony wasn't really needed with the video evidence the crown had, made the deal a complete farce.

I think that's probably why there is such a complete outrage surrounding her release, and at the opposite end of the scale, a complete disinterest in her husband. He got the punishment he deserved, she didn't.

Some background on the case (fairly accurate)

I imagine the "disinterest" in Paul Bernardo is more to do with the fact that he's never going to be released from prison. Were he ever able to leave, I'd be willing to bet the media circus would be even more vocal.

The link there tends to play up the victim-angle on her side; I'm not entirely convinced that's anywhere near accurate.

:shuriken:

While I don't condone it , thought this was interesting :

http://byebyekarla.com/

This is the first I have heard of the case.

I am a strong believer in the publishing and public knowledge of all sex offenders ( of course the label has to be cleared ). I do also think that vigilante actions should be punished with the full force of the law so that there can be no excuse not to publish the lists.

What the hell is she gonna do when she gets out,
who would hire her or want anything to do with her. :unsure:

Update: (Mise à jour le lundi 4 juillet 2005 à 11 h 26):

Homolka n'échappera pas aux médias. (nor should she).

BTW: Hells Angel, I had heard or read somewhere that she actually got a doctorate in Psychology while she was in prison and intended to practice when she got out. LOL! Maybe she'll be self-employed, hmm? :D

Anyone know anything about that?

Cheers,
-Noble

Probably a book coming out, maybe a movie too.
She could try to cash out, not as a role model but, you know,
I bet folks would buy teh books etc.
There' profits to be made...

If so, that could raise some hell...

Quote:

---

Originally Posted by <HELLS^ANGEL>

What the hell is she gonna do when she gets out,
who would hire her or want anything to do with her. :unsure:

---

she's planning to live in Quebec, and prolly counting on the French-Canadians being so far up themselves that they don't watch much news from the other Canadian provinces and won't know who she is (her crimes were done in Ontario). you know. counting on provincialism... if it didn't happen there, then it may as well have happened on another planet. :P

from MSNBC:

Quote:

---

Homolka, who appeared drawn and tired, said she decided to give the interview after consulting with her lawyer. She plans to live in Quebec and acknowledged those in the French-speaking province know less about the horrific details of her case.

---