In my first post, “A Matter of Integrity,” it was shown how the plea bargaining process lacks accountability in the Canadian Justice System. It allows those in control to desensitize society by portraying a defendant as uncaring, callus, and unworthy. Prosecutors can manoeuvre around sympathetic circumstances that can make loathing the accused more difficult in the eyes of the public, while the most heinous crimes require little help when it comes to encouraging outrage; it surfaces quickly on its own. Just recently, while listening to new of a young girl abducted in a New York State Park, fearing the worst, my desdain for the perpetrator cried out for revenge. Thankfully, there was a tearful moment of relief when the young girl, near the age of my granddaughter, was found safe and unharmed.  

But not all crimes raise ones emotions to this level of contempt. In such cases an unethical prosecutor will often manufacture outrage or ill will toward a defendant, and do so regardless of the mitigating circumstances of a case. This judicial practice is highlighted in my personal story, which I will lay out in brief terms: –“While in a state of severe depression, I assaulted another man, inflicting a knife wound that hospitalized the victim for five days. Incarcerated for four years at the age of forty-one, I had been married for seventeen years and had no criminal record of violence. An impaired charge in early twenties, (which had been stayed) was the only blemish in my past, which is still the case today at the age of seventy-three.

The demonization used by the justice system to offset a lack of a criminal history in my case was the basis’s of my first book, “Poor Man’s Justice.” If one is to believe the documentation that was produced by the courts for sentencing, then added to by corrections and parole, the reader would come away convinced that I had a life-long history of violence, including numerous physical confrontations with my wife during the marriage.

This narrative the justice system used was set in motion through a deceitful document produced for the court, which, in part, is outlined below.

Forensic Report, (Social Worker’s writings) –acknowledged by the judge at sentencing as the leading evidence in the case: “Mr. Mitchell has little concern about the future. It is my impression that David is the least successful of all his siblings. His work record has not been stable, and it has been suggested tha this temper may have been a factor. He appears to have a marked inability to plan his future. David has demonstrated a life-long pattern of resolving conflict through violence and threats of violence. He has little concerns about using violent means to get his way. He admits to occasional physical assaults on his wife. He heard a soft voice calling his name when depressed ten years ago…and chest pain leading to a trip to the hospital…panic attack.”

Facts are: Work History, after a widespread mine layoff in the early 1980’s, I started a mine survey company that produced a six-figure income for my family into the late 80’s. When the contract expired, I regained employment with the mine as a valued employee before a second shutdown in 1991. Violence, after my release from prison, later in family court, the children’s mother gives evidence of only a single slap and push in the near twenty-year marriage. Depression, The, soft voice I heard during the panic attack, it happened just prior to the assault on the other man in 1991, not ten years earlier as written by the social worker, who’s misrepresentation suppressed the mitigating circumstances of the case

What was not discussed in court was the summary and conclusion arrived at by the institute’s leading psychiatrist.

Dr. Dilli’s Summary & Conclusion, (unmentioned by the prosecutor, my legal-aid lawyer, and the judge during sentencing) “—This is a man of superior intelligence who is currently very depressed, distraught and in a state of shock. There are no signs of thought disorder and few indicators of antisocial personality traits. He has tended over a long period of time to avoid conflicts in his marriage and most probably, in other areas of his life as well. In the face of several very severe life events–the loss of his job, (A mine shut down) the wife leaving him for another man, and the loss of his home and possessions-which were compounded by the unavailability of crisis support other than from his children, he resorted to drinking and brooding which in turn served to deepen his despodency and to block the view on alternative solutions. The cumulative impact of the above-mentioned life events, combined with the conspicuousness of his wife’s new alliance led to the assault. This latter should therefore be seen as an act of desperation more than one of malevolence. It is arguable that he was not in control of himself.”

[Note: I am not going to go into the details that led up to the assault, beyond the depth of my depression, which was ongoing for months following the assault. As I mentioned in my first post, “A Matter of Integrity,” those details are described as they happened in “Poor Man’s Justice.” With that in mind, it should be noted that this story is about judicial abuse, and not about a broken marriage, blame or pain. Today our family is strong and healthy. The children all have careers, and their mother, who remarried a decade after our divorce and widowed ten years later, is now living her life, as I am, near our three children and two grandchildren. We have enjoyed pleasant family times together, including hours spent chatting and dancing at our youngest son’s wedding on December 11, 2022.]

Regrettably, these wonderful healing moments could have happened much sooner if not for the justice system’s decision to abandon due process in 1991 and beyond. By controlling the narrative as they wished, I was kept under lock and key longer than necessary, and under threat during parole with yet more manufactured documentation…When confronted with a false account of your life history, you have but two choices; accept it, or challenge the deception and face the consequences. As my case proves, the latter had terrible consquences when the justice system fought to keep its lack of integrity underwraps.

I will end this post with an example of a decision I made while under such a threat from Corrections Canada, –Given the chance to attend my daughter’s high-school graduation with six months left on my sentence, a friend of the family shispered in my ear, saying I should ask the children’s mother for a dance. It sounded like a quiet invitation from across the room where she sat alone; but under threat by corrections and parole, not to speak to her; as much as I wanted to accept the offer, I declined out of fear of repercussions. Something that had been made clear to me a year earlier when a vindictive parole revocation stole what would have been a shared and proud moment from my oldest son during his graduation. That revocation and reimprisonment was an abusive act of control that is described in my first post, “A Matter of Integrity,” and in my book, “Poor Man’s Justice.”

Stay tuned for more explosive revelations. “Quiet Conversations,” will highlight and deal almost exclusively with the truth behind the justice system’s deception, acknowledged by officals, many in recorded interviews who were involved in my case during the court process, along with those employed by corrections and parole.

Coming soon, “Quiet Conversations, Part One” with David Mitchell