News (Media Awareness Project) - CN AB: Editorial: Sentences Should Be Reduced Against Barrhead |
Title: | CN AB: Editorial: Sentences Should Be Reduced Against Barrhead |
Published On: | 2010-06-22 |
Source: | Barrhead Leader, The (CN AB) |
Fetched On: | 2010-06-23 14:59:56 |
SENTENCES SHOULD BE REDUCED AGAINST BARRHEAD MEN
About the only thing lawyers agreed on last week at the Alberta Court
of Appeal is the tragic death of four young officers from the RCMP on
the farm of James Roszko in March of 2005 was one of the worst cases
in Canadian history.
Two young men from Barrhead - Shawn Hennessey, 31, and Dennis
Cheeseman, 26 - were sentenced to long jail sentences in January of
2009 after pleading guilty to four counts each of manslaughter for
their role in the deaths of the four Mounties. Hennessey received a
15-year sentence, while his brother-in-law received a 12-year sentence.
Hennessey's lawyer Hersh Wolsh and Cheeseman's lawyer Peter Royal
argued before three justices with the province's highest court the
sentences imposed by Justice Eric Macklin were unusually harsh and
should be significantly reduced.
Royal described the sentence imposed against Cheeseman as "vengeful
and savage", arguing his client's sentence should be reduced to
between six and eight years and in the lower end of that range.
Wolsh suggested Macklin erred in imposing what amounts to a life
sentence against Hennessey due to the national outrage involved where
four young officers were assassinated while on duty.
Crown prosecutor Susan Hughson told the judges the Court of Appeal's
main function is to determine if Macklin made significant errors in
law in imposing the sentences and it was her strong opinion he did
not and the length of sentences should stand.
What must never be forgotten is James Roszko is the person
responsible for the irreparable carnage that took place that horrific
and unforgettable day.
Roszko hated police. He knew they were about to shut down his
marijuana grow operation. So he went to Hennessey's home and demanded
a rifle from Hennessey, while brandishing a handgun in front of
Hennessey, his wife and two young children.
The fear and intimidation that must have engulfed Hennessey and his
family during those frightening minutes can't be measured or explained.
Hennessey and Cheeseman are doing hard time for agreeing to drive
Roszko to his farm knowing police were on site. When Cheeseman
suggested they call police knowing Roszko was armed and confrontation
was likely, Hennessey talked him out of it.
For these egregious errors, they were charged with manslaughter,
pleaded guilty and are paying a heavy price. But to suggest either
accused could see inside Roszko's sick mind or know he would resort
to such barbaric violence, before killing himself, seems unreasonable
and illogical. Roszko was, as one judge noted, a "madman" bent on
destruction. He alone killed those officers.
And he did it eight hours after he was dropped off at his farm. And
the weapon he used wasn't the one given to him by Hennessey. To
impose sentences in this upper range against two young men who had no
previous contact with the law and who had every reason to be
frightened and intimidated by a violent thug is unjust.
Shawn Hennessey and Dennis Cheeseman should not be made scapegoats
from a vengeful justice system. They made some horrible mistakes over
the course of a few hours while under duress and intimidation from a
deeply disturbed killer. They did not pull any trigger. They did not
hate police. They did not plan this.
What amounts to a life sentence is not appropriate and should be
reduced if true justice is served.
About the only thing lawyers agreed on last week at the Alberta Court
of Appeal is the tragic death of four young officers from the RCMP on
the farm of James Roszko in March of 2005 was one of the worst cases
in Canadian history.
Two young men from Barrhead - Shawn Hennessey, 31, and Dennis
Cheeseman, 26 - were sentenced to long jail sentences in January of
2009 after pleading guilty to four counts each of manslaughter for
their role in the deaths of the four Mounties. Hennessey received a
15-year sentence, while his brother-in-law received a 12-year sentence.
Hennessey's lawyer Hersh Wolsh and Cheeseman's lawyer Peter Royal
argued before three justices with the province's highest court the
sentences imposed by Justice Eric Macklin were unusually harsh and
should be significantly reduced.
Royal described the sentence imposed against Cheeseman as "vengeful
and savage", arguing his client's sentence should be reduced to
between six and eight years and in the lower end of that range.
Wolsh suggested Macklin erred in imposing what amounts to a life
sentence against Hennessey due to the national outrage involved where
four young officers were assassinated while on duty.
Crown prosecutor Susan Hughson told the judges the Court of Appeal's
main function is to determine if Macklin made significant errors in
law in imposing the sentences and it was her strong opinion he did
not and the length of sentences should stand.
What must never be forgotten is James Roszko is the person
responsible for the irreparable carnage that took place that horrific
and unforgettable day.
Roszko hated police. He knew they were about to shut down his
marijuana grow operation. So he went to Hennessey's home and demanded
a rifle from Hennessey, while brandishing a handgun in front of
Hennessey, his wife and two young children.
The fear and intimidation that must have engulfed Hennessey and his
family during those frightening minutes can't be measured or explained.
Hennessey and Cheeseman are doing hard time for agreeing to drive
Roszko to his farm knowing police were on site. When Cheeseman
suggested they call police knowing Roszko was armed and confrontation
was likely, Hennessey talked him out of it.
For these egregious errors, they were charged with manslaughter,
pleaded guilty and are paying a heavy price. But to suggest either
accused could see inside Roszko's sick mind or know he would resort
to such barbaric violence, before killing himself, seems unreasonable
and illogical. Roszko was, as one judge noted, a "madman" bent on
destruction. He alone killed those officers.
And he did it eight hours after he was dropped off at his farm. And
the weapon he used wasn't the one given to him by Hennessey. To
impose sentences in this upper range against two young men who had no
previous contact with the law and who had every reason to be
frightened and intimidated by a violent thug is unjust.
Shawn Hennessey and Dennis Cheeseman should not be made scapegoats
from a vengeful justice system. They made some horrible mistakes over
the course of a few hours while under duress and intimidation from a
deeply disturbed killer. They did not pull any trigger. They did not
hate police. They did not plan this.
What amounts to a life sentence is not appropriate and should be
reduced if true justice is served.
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