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Trial in Kitsilano masseuse killing gets under way

susi

Sassy Strumpette
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Jun 27, 2008
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@the Meat Market!!!lol
Trial in Kitsilano masseuse killing gets under way


By Keith Fraser, The ProvinceSeptember 9, 2009

Nicole Parisien, 33, was strangled to death in August 2007 in a Kitsilano massage parlour. Her body was found outside of a high-rise building on Chestnut Street.
Photograph by: Handout, The ProvinceThe lawyer for a man accused in the murder of a woman in a Kitsilano massage parlor admitted Tuesday that his client was responsible for choking his victim to death.

Calling it a “tragic case,” Peter Wilson, who represents Andrew William Evans, the man charged with the second-degree murder of Nicole Parisien, questioned whether there was enough intent for murder.

“At the end of the day, you’ll have to decide whether he is guilty of murder, or whether he is guilty of manslaughter,” Wilson told a B.C. Supreme Court jury during his opening statement. “The primary question is the question of intent. Was this an intentional killing?”

Earlier the jury heard from prosecutor Sandra Cunningham that Evans had confessed to police that he paid Parisien, 33, $200 for sex in the apartment suite at 1450 Chestnut St.

Evans, who got Parisien’s phone number from a sex site on Craigslist that he accessed on a computer at a convenience store, became angry when despite efforts by Parisien, he could not sustain an erection, said Cunningham.

He described to police what then happened, she said.

“‘Like I was just f---king angry and I remember I just started choking her,’” Evans told Vancouver police a few days after the August 2007 slaying. “‘I don’t even know whether I choked her first or whether I hit her first. I remember at one point just swinging away and then I remember sitting there and, ‘Holy f--k, she’s dead.’”

Evans, who played rugby at the University of B.C. and volunteered as a counsellor, struck Parisien 10 to 15 times before manually strangling her to death, said the prosecutor

He wrapped Parisien’s naked body in bedding, dragged the body down a rear exit and dumped it in the bushes near the high-rise apartment, she said.

Evans then fled to Calgary where he turned himself into police. He was transferred back to Vancouver and confessed. Evans accompanied police to the apartment suite and re-enacted the slaying. The jury is expected to be shown video of the re-enactment.

A neatly dressed Evans sat quietly in the prisoner’s dock. The accused’s mother and father sat in the front row in the public gallery of the small, packed courtroom. The trial before B.C. Supreme Court Madam Justice Catherine Wedge continues Wednesday.
 

Pantherdash

Panther
Apr 2, 2007
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Holy crap!

Truly gives me the shivers... but because there was no intent he gets man slaughter?
Technically that would be one definition of manslaughter. But what likely happened is he plead guilty for manslaughter in exchange for not being prosecuted for 2nd degree murder, the more serious charge.

To prove intent you need strong evidence that the murder was premeditated, such as a contract killing.

The result is crappy. The law does not have a heart. In the eyes of the criminal justice system it's in the best interest of all parties involved if he pleads guilty rather than have to go through a whole trial whereby he MAY be found innocent through some technicality. The courts and the police see this as a way of saving money whilst also bringing closure to the grieving family...if in fact you can call it that.:(

Panther
 

festealth

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Sep 8, 2005
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Regardless of who he murdered, attempting to hide/dispose of the body and then running away should hardly be considered as just "manslaughter".

I'd say they should lock him up and throw away the keys.
 

Pantherdash

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Apr 2, 2007
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It definitely shows he was in his right mind when he did that. If they can't get him with murder 2, they should be able to get him with man 1, and improper disposal of human remains.
********Criminal Code of Canada***********
DEAD BODY
182. Every one who

(a) neglects, without lawful excuse, to perform any duty that is imposed on him by law or that he undertakes with reference to the burial of a dead human body or human remains, or
(b) improperly or indecently interferes with or offers any indignity to a dead human body or human remains, whether buried or not,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years. [R.S., c.C-34, c.178.]
**************************************************

And how do you know what his state of mind was when he was disposing the body? Perhaps no one will. We can only assume.

I think you and festealth are missing the point. While the police probably did consider charging him or in fact did charge him with sec. 182(b) interference with a dead body, he did co-operate with them. So they dropped this charge and made a plea bargain with him in exchange for the lesser charge of manslaughter (there are no degrees of manslaughter in Canada) so that, if he pleads guilty it will stick in court and Crown Council will gladly pursue it. They wouldn't have taken it if they knew they wouldn't get a conviction. Murder 2 is a bit more difficult to prove. In Canada, especially with our criminal (in)justice system, money is a major consideration because there simply isn't enough of it to go around.

I know you're American MM and this kind of economic politicking and bargaining with criminals must seem ludicrous to you considering the vast contrast between Canada's system and its US counterpart, which doesn't stop for a second to consider how much the investigation and prosecution will cost. Don't worry, it's ludicrous to us too. Canada's criminal justice system used to be very harsh. Judicial corporal punishment for offenses against the person was officially dropped from the Criminal Code only in 1972!:eek: But in Canada today, police and prosecutors are always more than willing to bargain down to get a successful conviction. Sadly, they wouldn't be doing their job if they didn't. They too are accountable to taxpayers.

Don't misunderstand me. I don't condone this. Criminals should be held accountable for their crimes to the fullest extent of the law without the courts having to count pennies to do so. But sadly this is the system we have here in Canada, and really, only the criminals win in the end and the victims are left to fend for themselves. What pisses me off is that they're penny pinching when it comes time to prosecuting serious offenses like murder, but they don't waste a second spending 300 million on an unnecessary federal election that will produce the same results we've had the last couple of elections. They need to get their priorities straight.

Panther
 

Pantherdash

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Apr 2, 2007
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And yes, I do realize that because she was a known sex trade worker the courts see her case as low priority and making them even more willing to expedite the case as quickly as possible for as little as possible.

Had it been the Justice Minister's daughter who was murdered in the same way, they would've brought back the death penalty.

It's just another case that sends the wrong message out to criminals, sponsored by our very own judicial big wigs: that these women are disposable.

Panther
 

Thatotherguy

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Jan 31, 2008
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I think you and festealth are missing the point. While the police probably did consider charging him or in fact did charge him with sec. 182(b) interference with a dead body, he did co-operate with them. So they dropped this charge and made a plea bargain with him in exchange for the lesser charge of manslaughter (there are no degrees of manslaughter in Canada) so that, if he pleads guilty it will stick in court and Crown Council will gladly pursue it. They wouldn't have taken it if they knew they wouldn't get a conviction. Murder 2 is a bit more difficult to prove.
Um, did I miss something? My understanding is that he has been charged with second degree murder, and his lawyer is saying to the court at trial that it should be manslaughter. Unless something new has come out in the last day or two that I'm not aware of, there has been no plea bargain.
 

susi

Sassy Strumpette
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@the Meat Market!!!lol
you are correct, no plea bargain and it's a trial so evidnece being given followed by verdict and sentencing but as panterD pointed out, sentecing in cases involving sex workers as victims rarely receive punishment that reflects the crime.i'll keep us posted on outcomes...

she was friends with members here and i for one truely hope we see justice.love youse!!

i want to DO something but funding, etc- we need to present to an AGM or conference of crown council and judges, to let them know how we feel about their incompetance in prosecuting and sentencing people who harm or kill us. we will get there but the amount of work to be done to achieve the system wide reform we need is daunting....sorry.we are trying...

love susie
 

treveller

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Sep 22, 2008
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Difficult Questions

The courts deal primarily with the law, not justice. There is a tendency to complain about the courts when the proper concern is with the laws made by the politicians we have elected.

You can only change those things that you accept responsibility for. If you want to change the way the courts deal with people like Andrew Evans you have to first consider what your own responsibility is for the way the courts function now.

If you think the courts and the public at large lack respect for sex workers and you want that to change, you first have to consider what you have done or not done that supports the present lack of respect.

There are lots of players out there working hard to demean sex workers and they are well organized. If you want to counter their vile propaganda you will need to be organized as well. So, before you complain about the way the courts and the public view sex workers, ask yourself what you have done to support some organization that supports and represents sex workers. As one example, have you posted in support of and offered financial support for the sex workers' association proposed by the BC Coalition of Experiential Communities? Have you supported some other organization or group? The issues are difficult and it takes more than individual action or donations to change things. You need to declare your support for some sort of organization that can work for changes on your behalf.

You have to do something different if you want something to change.
 

Pantherdash

Panther
Apr 2, 2007
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Um, did I miss something? My understanding is that he has been charged with second degree murder, and his lawyer is saying to the court at trial that it should be manslaughter. Unless something new has come out in the last day or two that I'm not aware of, there has been no plea bargain.

I'm not involved with the case, or have any previous knowledge of the proceedings of the case until I read the above article, just a memory of the tragic incident in that terrible summer back in 2007 when so many SPs fell victim to their johns and pimps (Honey in Burnaby was also murdered that terrible summer).

I do, however, strongly feel that with what I know about these kinds of cases it will be plead down to manslaughter, if the defense's arguments are strong enough. And they WILL be strong enough if Crown Council agrees with them...to save them a few tens of thousands of dollars AND a lengthy trial trying to prove second degree murder. It's so obvious!:rolleyes:

Thanks as always, for updating us Susie!:) I may be known on the other board as an SP hater:rolleyes: and much of that boring, stupid drama has carried onto this board by people with TOO much time on their...umm...hands (?):D, but I still greatly respect you and your cause.:)

Safety first.

Panther
 

InTheBum

Well-known member
Dec 31, 2004
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The Blue Pill!

I think the blue pill would of solved all this from occurring. This freak should have taken the blue pill and rocked her like a horse, with a massive erection...yet...he shows up with a wimpy limp penis...and can't get off ...then snaps...when he thinks he has to now put in 2 more shifts at the local bar, serving drinks to losers....just to pay for a lousy session...with a sp making fun of his limp tiny penis...:mad:
 

uncleg

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Jul 25, 2006
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I think the blue pill would of solved all this from occurring. This freak should have taken the blue pill and rocked her like a horse, with a massive erection...yet...he shows up with a wimpy limp penis...and can't get off ...then snaps...when he thinks he has to now put in 2 more shifts at the local bar, serving drinks to losers....just to pay for a lousy session...with a sp making fun of his limp tiny penis...:mad:
This is supposed to be a serious comment/observation on this, or just a lame attempt to lighten it up a bit. ?:confused:
 

hunsperger

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Mar 6, 2007
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...

As far as his state of mind "Holy fuck she's dead" and then hiding the body shows me that he wasn't blacked out, at the very least. In my opinion, he had the thought process going to hide the body and hide his crime. He knew what he had done and what he was doing was wrong.
not to defend the guy...

but none of this is germane to the intent argument...
 
Dec 2, 2002
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You forgot to mention the dick spray so he'll be lasting hours

I think the blue pill would of solved all this from occurring. This freak should have taken the blue pill and rocked her like a horse, with a massive erection...yet...he shows up with a wimpy limp penis...and can't get off ...then snaps...when he thinks he has to now put in 2 more shifts at the local bar, serving drinks to losers....just to pay for a lousy session...with a sp making fun of his limp tiny penis...:mad:
 

treveller

Member
Sep 22, 2008
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Criminal Intent

To get a criminal conviction the Crown has to prove beyond a reasonable doubt that there was "criminal intent". The issue of criminal intent is very complicated.

We would have a better chance of improving the laws if we abandoned the goal of punishment. The desire to punish is an emotional response that has no place in law. Instead the law should limit itself to the protection of society and deterrence.

For most murders deterrence does not work or has no effect. You are left with protection of society after the violence.

I would like to know if Andrew Evans had a history of violence that he should have been put away for. Was he on a bad date list? Can some of the women look that up? Does he have a history of convictions?

One way of improving the legal (not justice) system would be to remove the distinctions between the various violent crimes. If someone is convicted of a violent crime, whether it is uttering threats, breaking into a residence, assault, drunk driving or murder, they should be given a life sentence. They should be put in jail and left there until they prove to a parole officer that they can be released without posing an unacceptable risk to others.

We could make room in the prisons buy releasing on parole the non-violent offenders. Of course we would need to fix the parole system but it would make the job easier for the judges who would not have to deal with sentencing.

Some of the women on this board are studying law. Any comments?
 

Very Veronica

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Aug 2, 2004
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From a local blog..

ajax13 Says on September 21st, 2007 10:28 pm

Evans is a product of the Alberta Adolescent Recovery Centre. His father is the accountant, and his mother works for another powerful board member. This is only the most recent bout of mayhem wrought by AARC grads. It’s a rehab centre that has been pushing to open in BC for many years. His defence will be that he has a disease and cannot be helped. The Executive Director of AARC will appear for the defense, most likely at the time of sentencing.

old friend Says on September 3rd, 2008 4:08 pm

andy evans was not diseased…i grew up with him. went to school grades 3 thru 10 with him. i played hockey with him, smoked weed with him, drank with him, and took many road trips with him. all of his old friends turned out just fine…we had some fun and we all grew up. unfortunatly andy was convinced by his mother and the AARC that he was different and he had addictions that need severe treatment. Andy was a very smart guy who could have done great things had he not been lied to and brainwashed. that program made him what he is today.
http://www.kitsilano.ca/2007/08/27/a-violent-month-in-kitsilano/

http://www.aarc.ab.ca/index.php
 

Thatotherguy

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Jan 31, 2008
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I do, however, strongly feel that with what I know about these kinds of cases it will be plead down to manslaughter, if the defense's arguments are strong enough. And they WILL be strong enough if Crown Council agrees with them...to save them a few tens of thousands of dollars AND a lengthy trial trying to prove second degree murder.
Ah, OK. That makes sense, and I agree with you there. I thought you were saying that a plea agreement had already been made. It's unfortunate, but there's an excellent chance that this will be plead down to manslaughter, and he'll probably get away with a slap on the wrist.
 

susi

Sassy Strumpette
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Jun 27, 2008
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@the Meat Market!!!lol
i heard recently of a guy senteced to 1 day for killing a sex worker....but i will guess between 2 and 10 years and even at 10years out in 4...
 

Maxwell

Banned
Feb 4, 2006
44
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Ladner
This is terrible but I think this guy would have done someone in sooner or later. To bad for the girl she was the one. Like that poor guy on the GreyHound Bus. Innocent bystander to some crazy nut.
 
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