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Abstract: Transcript of Reasons for Sentence

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R. v. Harrison, 2015 NWTSC 53    File No. S-1-CR-2014-000040

 

 

 

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

 

 

 

IN THE MATTER OF:

 

 

 

 

 

HER MAJESTY THE QUEEN

 

 

 

- v -

 

 

 

DAVID RICHARD HARRISON

 

 

 

 

 

 

 

 

__________________________________________________________ Transcript of Reasons for Sentence delivered by the Honourable Madam Justice S.H. Smallwood, sitting in Yellowknife, in the Northwest Territories, on the 27th day of October, 2015.

__________________________________________________________

 

 

 

 

 

 

 

 

APPEARANCES:

 

Mr. B. MacPherson                     Counsel for the Crown

Mr. M. Lecorre

 

Ms. C. Wawzonek                     Counsel for the accused

 

 

(Charge under s. 235(1) of the Criminal Code of Canada)

 

 

Official Court Reporters/Sténographes judiciaires officiel(le)s


 

1      TUESDAY, OCTOBER 27TH, 2015

 

2

 

3                        REASONS FOR SENTENCE

 

4      SMALLWOOD J. (Orally):

 

5

 

6      [1]       The offender David Harrison was convicted of

 

7          second-degree murder in the death of Yvonne

 

8          Desjarlais.   On December 29th, 2012, David Harrison

 

9          murdered Yvonne Desjarlais when he strangled her

 

10          before leaving her body in an alley in Yellowknife.

 

11

 

12      [2]       The act of taking Ms. Desjarlais' life has had

 

13          a significant impact on those who loved

 

14          Ms. Desjarlais.   Her family and friends are left to

 

15          wonder why this senseless tragedy occurred and have

 

16          to go on knowing that their wife, sister, aunt,

 

17          mother, grandmother and friend is no longer with us,

 

18          and knowing that she died violently and alone.

 

19

 

20      [3]       The circumstances of this offence are set out

 

21          in the Agreed Statement of Facts. On the night of

 

22          December 29th, 2012, Ms. Desjarlais was at a party

 

23          at the Northern Lites Motel in Yellowknife. She was

 

24          drinking and was intoxicated.   She left the party

 

25          and began walking towards the Women's Shelter.

 

26

 

27      [4]       While walking, she came across the offender


 

1          David Harrison.   They were acquaintances who knew

 

2          each other from the Day Shelter. David Harrison had

 

3          been drinking and was also intoxicated. He invited

 

4          her into a building where he had been working on

 

5          renovations for a local businessman. Mr. Harrison

 

6          invited Yvonne Desjarlais into the building to drink

 

7          beer.   She accepted and they entered Le Stock Pot.

 

8          They were the only two people present in the

 

9          building.

 

10

 

11      [5]       At some point, Ms. Desjarlais wanted to leave

 

12          and David Harrison became upset and physically

 

13          restrained her.   There was a brief struggle where

 

14          David Harrison placed his arms around

 

15          Ms. Desjarlais' neck and strangled her.

 

16          Ms. Desjarlais died of strangulation. David

 

17          Harrison then dragged her body outside and left

 

18          Yvonne Desjarlais' body in the alley behind the

 

19          building where it was discovered the next morning.

 

20

 

21      [6]       Mr. Harrison was arrested in July 2013, after

 

22          DNA evidence linked him to the murder. The nature

 

23          of the DNA evidence and where it was located has not

 

24          been specified.

 

25

 

26      [7]       Following his arrest, David Harrison confessed

 

27          to murdering Yvonne Desjarlais.


 

1      [8]       Both counsel referred to this yesterday, but no

 

2          sentence imposed today, no words expressed can make

 

3          up for the loss that this crime has caused for the

 

4          people that loved Ms. Desjarlais, and I do not

 

5          expect that the sentence that I impose will do that.

 

6          A sentence of imprisonment cannot make up for the

 

7          loss of a loved one, and the Court cannot undo the

 

8          harm that was done.

 

9

 

10      [9]       The Victim Impact Statements that were filed,

 

11          many of which were read out loud in court yesterday,

 

12          demonstrate the loss that Yvonne Desjarlais' family

 

13          feels because of Mr. Harrison's actions. For Yvonne

 

14          Desjarlais' family and friends, the people affected

 

15          by this tragic event, I hope that the criminal

 

16          proceedings and the end of them will be a step along

 

17          the way in the journey of healing.

 

18

 

19      [10]      The Victim Impact Statements that were filed

 

20          express the incredible loss suffered and the effect

 

21          Ms. Desjarlais' death has had on her family. Their

 

22          lives have been forever changed.

 

23

 

24      [11]      There are many emotions expressed in the Victim

 

25          Impact Statements.   Primarily, love for Yvonne

 

26          Desjarlais, also grief, anger, guilt. It is clear

 

27          that Mr. Harrison's actions have greatly affected


 

1          Ms. Desjarlais' family.   They have struggled to deal

 

2          with her tragic death and to understand why and what

 

3          happened.   Many speak of struggling to cope with

 

4          daily life since her death.   Some have turned to

 

5          alcohol to cope.   Her family has had problems and

 

6          is, to quote one person, "falling apart."

 

7

 

8      [12]      Some of the Victim Impact Statements refer to

 

9          wanting to see justice to be served. Seeing justice

 

10          to be served will mean different things to each

 

11          person.   Mr. Harrison will be sentenced to a life

 

12          sentence of imprisonment today.   For some, that will

 

13          serve justice; for some, it will not.

 

14

 

15      [13]      As I said, no sentence of imprisonment can make

 

16          up for the loss of a loved one, but I have taken

 

17          into account what was said in the Victim Impact

 

18          Statements and what was said by counsel and the

 

19          cases submitted and tried to craft a fit sentence

 

20          for this offence.

 

21

 

22      [14]      The sentence mandated by the Criminal Code for

 

23          second-degree murder is one of life imprisonment.

 

24          That is the sentence that will be imposed upon

 

25          Mr. Harrison today.

 

26

 

27      [15]      The issue to be decided today is the period of


 

1          time that Mr. Harrison will be required to serve

 

2          before being eligible for parole.   My decision is

 

3          not when Mr. Harrison will be paroled because that

 

4          is up to the National Parole Board, but my decision

 

5          is instead when he can apply for parole.

 

6

 

7      [16]      Section 745(c) of the Criminal Code provides

 

8          that a person convicted of murder be sentenced to a

 

9          period of parole ineligibility for at least 10 years

 

10          and not more than 25 years.

 

11

 

12      [17]      Section 745.4 of the Criminal Code provides

 

13          that the judge sentence the offender having regard

 

14          to the character of the offender, the nature of the

 

15          offence and the circumstances surrounding the

 

16          commission of the offence.

 

17

 

18      [18]      In sentencing an offender, a fundamental

 

19          principle of sentencing is that the sentence must be

 

20          proportionate to the gravity of the offence and the

 

21          degree of responsibility of the offender. This

 

22          requires taking into account the circumstances of

 

23          the offender and the circumstances of the offence as

 

24          well as the applicable sentencing principles.

 

25

 

26      [19]      As stated by Justice Vertes in the case of

 

27          Delorme, 2005 NWTSC 79, at paras. 4 and 5:


 

1                  Implicit in these factors are considerations of specific and general

2                  deterrence, denunciation, and the

reformation and rehabilitation of the

3                  offender.     And, as noted by the Supreme

Court of Canada in R. v. Shropshire

4                  (1995), 1995 CanLII 47 (SCC), 102

C.C.C. (3d) 193, the determination of

5                  the period of parole ineligibility is a

very fact-sensitive process. The Court

6                  also noted that the discretion to

impose a period greater than ten years

7                  reflects the fact that within the

category of second degree murder there

8                  is both a range of seriousness and

varying degrees of moral culpability.

9

The Supreme Court also held that it is

10                  incorrect to start from the proposition

that the period of parole ineligibility

11                  must be the statutory minimum unless

there are unusual circumstances.       It

12                  is a question of what is the

appropriate sentence in the

13                  circumstances.     The emphasis is on the

protection of society through the

14                  Courts expression of repudiation for

the particular crime by the particular

15                  offender.

 

16

 

17      [20]      In this case, the Crown is seeking a period of

 

18          parole ineligibility of 15 years. The defence is

 

19          seeking a period of parole ineligibility of 10

 

20          years, saying that the circumstances do not warrant

 

21          an increase beyond the minimum period of parole

 

22          ineligibility.

 

23

 

24      [21]      Turning to the factors I must consider under

 

25          s. 745.4, first the character of the offender. I

 

26          have had the benefit of thorough submissions from

 

27          defence counsel regarding David Harrison's


 

1          background as well as two letters filed, one from

 

2          his mother and another from his father, which speak

 

3          to his background history and some of the problems

 

4          he has faced.

 

5

 

6      [22]      David Harrison is 30 years old and of Inuit

 

7          descent.   He was adopted at birth by Nancy and Brian

 

8          Harrison into a non-Aboriginal family with seven

 

9          other children.   Since his childhood, David Harrison

 

10          has had issues and challenges.   He has had health

 

11          challenges, struggled in school, had episodes of

 

12          aggression that his family has struggled to get him

 

13          help for.   He has been considered learning disabled

 

14          and has been evaluated since he was young by various

 

15          health professionals.   The diagnoses have varied and

 

16          a definitive diagnosis has been hard to establish.

 

17

 

18      [23]      Reportedly, his mother did not consume alcohol

 

19          during her pregnancy, so that does not appear to be

 

20          an issue.   His paternal biological family may have

 

21          had a history of mental illness.

 

22

 

23      [24]      His parents have made an effort to have him

 

24          assessed and diagnosed over the years. The most

 

25          recent assessment was in 2000, which agreed with a

 

26          1998 assessment which concluded David Harrison had

 

27          attention deficit disorder with hyperactivity, was


 

1          borderline mentally retarded and suffered from

 

2          intermittent explosive disorder not otherwise

 

3          specified.

 

4

 

5      [25]      So Mr. Harrison has been on medication and

 

6          hospitalized over the years.   As a youth, episodes

 

7          of aggression were noted by his parents, which has

 

8          continued into adulthood.   His mother describes

 

9          Mr. Harrison's life as a cycle of work, success,

 

10          depression, drinking and drugs and violent

 

11          outbursts.   In recent years, in jail, the structure

 

12          and routine of an institutional environment has

 

13          leveled his behaviour, but he still experienced

 

14          bouts of depression.

 

15

 

16      [26]      Despite his problems, his parents describe him

 

17          as thoughtful and caring and a valued member in a

 

18          loving family and someone whose humour is

 

19          appreciated in the family.

 

20

 

21      [27]      Mr. Harrison has been in custody since his

 

22          arrest in July 2013, and there have been no

 

23          incidents while in custody.   As a remand prisoner,

 

24          there was limited programming available to him,

 

25          although he did see the psychiatric counsellor and

 

26          an Aboriginal counsellor on occasion. He also

 

27          worked while on remand in the kitchen up until


 

1          recently.

 

2

 

3      [28]      Mr. Harrison has a criminal record dating back

 

4          to 1998 when he was a youth. There are 32

 

5          convictions on his criminal record. There are eight

 

6          offences of violence on the record, three of which

 

7          occurred as a youth.

 

8

 

9      [29]      Mr. Harrison was convicted in 2005 of an

 

10          assault and received a suspended sentence and

 

11          probation.   In 2007, he was convicted of assault

 

12          causing bodily harm and received a sentence of six

 

13          months imprisonment.   In 2009, he was convicted of

 

14          an assault and received a sentence of 10 months

 

15          imprisonment.   In 2010, he was convicted of assault

 

16          causing bodily harm and received a sentence of 600

 

17          days which equates to approximately 20 months. In

 

18          2012, he was convicted of assault and received an

 

19          eight-month conditional sentence.   Many of his other

 

20          convictions are offences against the administration

 

21          of justice.   Since 2005, Mr. Harrison has had an

 

22          entry on his criminal record every year with the

 

23          exception of 2011, and it appears that he was in

 

24          custody for much if not all of 2011.

 

25

 

26      [30]      Since 2007, there have been significant

 

27          assaults on Mr. Harrison's record, an assault


 

1          causing bodily harm conviction in 2007, then in 2009

 

2          a conviction for a simple assault, and by that I

 

3          mean assault pursuant to s. 266 of the Criminal

 

4          Code, but a sentence was imposed of 10 months

 

5          imprisonment, which means that the Crown went by

 

6          indictment.   So for a simple assault, I must

 

7          conclude that it was at the more serious end of the

 

8          spectrum of simple assaults.   In 2010, he was

 

9          convicted of assault causing bodily harm, and in

 

10          2012 again a conviction for assault with an

 

11          eight-month conditional sentence, again meaning that

 

12          the Crown went by indictment and that it was a more

 

13          serious assault.

 

14

 

15      [31]      Based on his criminal record and his most

 

16          recent convictions, it appears that Mr. Harrison has

 

17          been in trouble with the law steadily since 2004,

 

18          and his recent convictions for violence lead me to

 

19          conclude that he is a violent person and

 

20          consideration of the security of the public must be

 

21          a factor in sentencing.

 

22

 

23      [32]      Considering now the nature of the offence.

 

24          Mr. Harrison has pled guilty to murder. Murder is

 

25          one of the most serious offences in the Criminal

 

26          Code.   Mr. Harrison's level of moral culpability is

 

27          high.


 

1      [33]      The moral culpability required for murder and

 

2          the gravity of the offence, the seriousness of the

 

3          offence are reflected in the automatic sentence of

 

4          life imprisonment with a minimum 10 years of parole

 

5          ineligibility.

 

6

 

7      [34]      Considering the circumstances surrounding the

 

8          commission of the offence.   The Agreed Statement of

 

9          Facts, as I mentioned, sets out what occurred when

 

10          Mr. Harrison murdered Yvonne Desjarlais.

 

11          Ms. Desjarlais was a 63-year-old woman and

 

12          Mr. Harrison was in his 20's at the time.

 

13          Ms. Desjarlais had some problems with alcohol and

 

14          was in a vulnerable social group. She frequented

 

15          the Day Shelter and the Women's Shelter in

 

16          Yellowknife.

 

17

 

18      [35]      Mr. Harrison was an acquaintance that she knew

 

19          from the Day Shelter and he was part of the same

 

20          broad social group.   He invited her to have beer in

 

21          a vacant building that he had access to and

 

22          Ms. Desjarlais agreed.   When she wanted to leave,

 

23          Mr. Harrison became upset and physically restrained

 

24          her, strangling her in the process, before leaving

 

25          her body in the alley behind the building.

 

26

 

27      [36]      There is no explanation for what occurred, no


 

1          motivation, no provocation.   It is a random

 

2          senseless tragedy.   Mr. Harrison, a young man,

 

3          strangled Ms. Desjarlais, an elderly woman, and I

 

4          accept that Ms. Desjarlais was vulnerable because of

 

5          her age and the situation that she was in, in an

 

6          empty building alone with David Harrison and unable

 

7          to seek help or flee.

 

8

 

9      [37]      Alcohol was also a factor.   It was a problem

 

10          for Ms. Desjarlais and was involved in the offence.

 

11          It made her vulnerable in several ways.

 

12          Ms. Desjarlais was intoxicated when she came across

 

13          David Harrison and because of her alcohol problem

 

14          was, I expect, more likely to accept Mr. Harrison's

 

15          offer of beer rather than continuing on to the

 

16          Women's Shelter.

 

17

 

18      [38]      The consumption of alcohol is something that is

 

19          prevalent in the cases that come before this court,

 

20          in the courts in the Northwest Territories. Daily

 

21          there are cases involving the consumption or the

 

22          abuse of alcohol, from bootlegging to property

 

23          offences, to sexual abuse, to violence, assaults up

 

24          the spectrum of violence to murder.

 

25

 

26      [39]      It is unfortunate that in our society we cannot

 

27          do more to help those who suffer from mental


 

1          illness, who suffer from drug and alcohol

 

2          addictions.   That is something for the leaders of

 

3          this Territory and country to address. The courts

 

4          can only deal with the aftermath, sentencing

 

5          individuals for crimes committed while dealing with

 

6          these addictions and issues and hope that the

 

7          sentences imposed achieve the sentencing principles

 

8          of specific and general deterrence, denunciation and

 

9          rehabilitation.

 

10

 

11      [40]      Following the murder of Ms. Desjarlais, David

 

12          Harrison left her body in an alley to be discovered

 

13          the next morning.   The discovery of Ms. Desjarlais'

 

14          body led to an investigation and Mr. Harrison's

 

15          eventual arrest in July 2013.

 

16

 

17      [41]      Following the court process, he is now being

 

18          sentenced after pleading guilty to second-degree

 

19          murder.

 

20

 

21      [42]      I have had the benefit of reviewing the cases

 

22          provided by Crown and defence, and I will not review

 

23          them in detail as counsel went over them yesterday

 

24          and I have read them all.

 

25

 

26      [43]      As has been noted, sentencing for second-degree

 

27          murder is very fact-specific.   No two cases are


 

1          alike.   The cases provide a framework for

 

2          determining what is an appropriate sentence in a

 

3          case like this.

 

4

 

5      [44]      The two cases that have been provided from the

 

6          Northwest Territories are not factually similar but

 

7          provide an example of the sentences that have been

 

8          imposed for second-degree murder in this

 

9          jurisdiction.

 

10

 

11      [45]      The case of Sayers, 2003 NWTSC 69, from 2003 is

 

12          an example.   That case involved the beating of a

 

13          night clerk at a hotel in the course of a robbery.

 

14          The accused in that case was convicted after trial

 

15          of second-degree murder and a sentence of 14 years

 

16          of parole ineligibility was imposed.

 

17

 

18      [46]      The other case that was provided from the

 

19          Northwest Territories is that of Delorme, supra,

 

20          from 2005, and that case involved the beating and

 

21          strangulation of the victim in a crack house by

 

22          several people involved in the drug world. They

 

23          killed the victim because they thought he was

 

24          bringing the police to their door, and there was an

 

25          attempt to conceal the body following the murder by

 

26          burning it and leaving it outside of town. In that

 

27          case, again, there was a guilty verdict after trial


 

1          and the period of parole ineligibility was set at

 

2          14 years.

 

3

 

4      [47]      Counsel provided other cases from across

 

5          Canada.   The case of Roberts, 2001 ABQB 520, from

 

6          2001 in Alberta, which involved a shooting death.

 

7          The accused was found guilty after trial and a

 

8          sentence of 15 years parole ineligibility was

 

9          imposed.

 

10

 

11      [48]      The case of White, 2010 NBQB 203, in 2010 from

 

12          New Brunswick, a case involving an elderly victim.

 

13          In that case, there was a guilty plea and a joint

 

14          submission of 20 years of parole ineligibility.

 

15

 

16      [49]      The case of Scott, 2014 NBQB 146, 2014 from New

 

17          Brunswick, was also provided.   Again, that was a

 

18          case where there was a vulnerable victim, a guilty

 

19          plea to second-degree murder and a sentence of

 

20          15 years parole ineligibility was imposed.

 

21

 

22      [50]      The case of Barry, 2013 BCSC 937, from 2013 in

 

23          British Columbia, was a case where there was a

 

24          verdict after a trial, but a trial on a specific

 

25          issue, whether the accused was not criminally

 

26          responsible, and that was an unprovoked stabbing on

 

27          a 15-year-old and in that case the Court imposed a


 

1          10-year period of parole ineligibility.

 

2

 

3      [51]      The case of Bitternose, 2006 S.J. No. 496, a

 

4          2006 decision from Saskatchewan, was also a guilty

 

5          plea.   In that case it was a shooting death by a

 

6          group of individuals.   The accused in that case was

 

7          not the leader of the individuals but had fired a

 

8          weapon, and the period of parole ineligibility in

 

9          that case was 10 years.

 

10

 

11      [52]      And the last case that was provided was that of

 

12          Dennis, 2014 YKSC 14, a Yukon case from 2014.

 

13          Again, in that case there was a guilty plea, there

 

14          was a joint submission that the Court went along

 

15          with of 12 years of parole ineligibility.

 

16

 

17      [53]      So those cases, as I said, provide a framework

 

18          for determining what is an appropriate sentence in a

 

19          case like this.

 

20

 

21      [54]      Mr. Harrison is also of Inuit descent and this

 

22          requires me to consider s. 718.2(e) of the Criminal

 

23          Code where a sentencing court is required to give

 

24          particular attention to the circumstances of

 

25          Aboriginal offenders in coming up with a sentence.

 

26          These circumstances of Aboriginal offenders are

 

27          often referred to as the Gladue factors following


 

1          the decision of the Supreme Court of Canada, and

 

2          what the Supreme Court of Canada has said is that a

 

3          sentencing court must consider the unique systemic

 

4          or background factors which may have played a part

 

5          in bringing an Aboriginal offender before the courts

 

6          and the types of sentencing procedures and sanctions

 

7          which may be appropriate in the circumstances

 

8          because of the offender's Aboriginal background.

 

9

 

10      [55]      As acknowledged in Gladue, the more violent and

 

11          serious the offence, the more likely that a sentence

 

12          of imprisonment for Aboriginal and non-Aboriginal

 

13          offenders will be the same or close to the same.

 

14

 

15      [56]      In this case, I have not heard about many of

 

16          the factors that we commonly hear about when dealing

 

17          with Aboriginal offenders.   Mr. Harrison did not

 

18          attend residential school; his contact with his

 

19          Aboriginal family appears to be limited. However, I

 

20          have heard that he has participated in Aboriginal

 

21          events, particularly a group in Red Deer that

 

22          danced.   So I have considered the information that

 

23          has been provided to me about Mr. Harrison's

 

24          Aboriginal background.

 

25

 

26      [57]      Overall, I do not think that the factors

 

27          referred to in the cases of Gladue and Ipeelee are


 

1          applicable here such that they can significantly

 

2          reduce Mr. Harrison's sentence for murder.

 

3

 

4      [58]      Murder by definition is a very serious offence

 

5          and there are factors which can make a murder more

 

6          serious.   In this case, the victim Ms. Desjarlais

 

7          was 63 years old, elderly, significantly older than

 

8          Mr. Harrison.   She was intoxicated by alcohol and

 

9          she was vulnerable.

 

10

 

11      [59]      There is also significant credit to be given to

 

12          Mr. Harrison for pleading guilty.   He was originally

 

13          charged with first-degree murder and has pled to

 

14          second-degree murder.   This removed the need for a

 

15          voir dire and a trial, it saves the court time, it

 

16          saves witnesses from having to testify and, most

 

17          importantly, it saves Ms. Desjarlais' family and

 

18          friends from having to go through a trial with the

 

19          uncertainty of what the outcome might be.

 

20

 

21      [60]      While this matter has taken some time to go

 

22          through the court system, a just outcome has

 

23          occurred.   Mr. Harrison's plea shows that he takes

 

24          responsibility for his actions.

 

25

 

26      [61]      The letter that was filed in court from his

 

27          mother indicates that he does also experience


 

1          remorse to the point of contemplating suicide, as

 

2          she indicated.

 

3

 

4      [62]      I accept that Mr. Harrison, through his plea

 

5          and through what has been related to me, is sorry

 

6          for what he has done.

 

7

 

8      [63]      The guilty plea does have a mitigating effect.

 

9          In my view, it does not reduce the need for a period

 

10          of parole ineligibility to the minimum of 10 years.

 

11          Given the circumstances of the offence, the

 

12          circumstances of Mr. Harrison and the aggravating

 

13          factors, I am of the view that a sentence in excess

 

14          of the minimum 10 years parole ineligibility is

 

15          required.

 

16

 

17      [64]      First, I will deal with the ancillary orders

 

18          that the Crown has referred to, and defence has not

 

19          opposed any of the orders sought. So there will be

 

20          a DNA order, and there will also be a firearms order

 

21          pursuant to s. 109 of the Criminal Code.

 

22

 

23      [65]      With respect to the victims of crime surcharge,

 

24          both counsel have suggested that it should be

 

25          waived, and in the circumstances, given the offence

 

26          and the sentence that will be imposed, I agree. So

 

27          the victims of crime surcharge will be waived.


 

1      [66]      Mr. Harrison, please stand up.

 

2

 

3      [67]      David Harrison, for the murder of Yvonne

 

4          Desjarlais, I sentence you to a term of imprisonment

 

5          for life and I set your parole ineligibility date at

 

6          13 years.   You may sit down.

 

7

 

8      [68]      I want to conclude by saying that, after

 

9          reviewing the Victim Impact Statements filed

 

10          yesterday, that no sentence can ever compensate

 

11          Yvonne Desjarlais' family and friends for the loss

 

12          of their loved one.   I realize that, but I also hope

 

13          that by Mr. Harrison taking responsibility for

 

14          murdering Ms. Desjarlais and by the sentence that I

 

15          have imposed, that you can take a measure of comfort

 

16          and that will help you come to terms with your loss

 

17          and help you to heal.

 

18

 

19      [69]      I want to thank counsel for your work in

 

20          resolving this case and for the helpful submissions

 

21          and the cases and materials that you filed.

 

22                              ********

 

23

 

24                           Certified Pursuant to Rule 723 of the Rules of Court

25

 

26

______________________________

 

 
27                           Lynn Carrière

Court Reporter

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