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THE CANADIAN STATESMAN, JULY 7,2004 PAGE 5 www.durhamregion.com judge points to pair's ill health, poor education, 'good intentions' JUDGE from page 1 "exceeded the capability of' the couple and that what began as tethering the boys to each other and beds "escalated... to corporal corporal punishment and abuse." Added Judge Halikowski: "What started as good intentions descended darkly into abusive behaviour... ending in near torture." torture." The judge noted certain members of the Smith family became "acclimatized" to the abuse the boys were given and that it became "a way of life in the extended (Smith) family." As part of the sentencing, Judge Halikowski described Mrs. Smith as having "several debilitating conditions," including including fibromyalgia, spinal arthritis and chronic obesity. She also suffers from a number number of disorders, including depression depression and pain, noted the judge. 'It is difficult to fathom... but both were concerned with the children's best interest' Ontario Justice Donald Halikowski Her husband, continued Judge Halikowski, is dyslexic and illiterate and has a criminal record dating back more than 20 years, but no convictions regarding regarding violent acts. Both have little formal education, education, added the judge. Mrs. Smith completed her education at the Grade 7 level, Mr. Smith even less than that. "There is no doubt (Adam and Dale) were difficult to raise," said Judge Halikowski, adding both boys show signs of fetal alcohol syndrome and attention attention deficit disorder. "They were beyond the capabilities of two people... with the credentials credentials of (Mr. and Mrs. Smith)." The judge was also critical of the process of how the boys were apprehended from their home on June 29, 2001, and later separated into two different group homes. "The apprehension could have been followed differently," said the judge, noting one of the boys "regressed to a near infantile infantile state" after they were taken from their home. He added Mr. and Mrs. Smith could not be found at fault for the boys' worsening condition after they were separated, but the couple "are responsible for the methods used to control, educate educate and discipline the boys while they were in their care." As he neared the end of his report, Judge Halikowski said the couple had "equal responsibility responsibility as parents and both failed by not seeking outside assistance... assistance... (and instead) instituted a regiment of (abuse). Both (Mr. and Mrs. Smith) knew what they were doing was wrong... and they refused to (give the boys) to the care of the children's aid society where they knew they would get better treatment treatment than at home. "It is difficult to fathom... but both (Mr. and Mrs. Smith) were concerned with the children's best interest," said the judge. "There is no suggestion of violence violence for sadistic purposes or pain... there was no joy had in any of the acts, only frustration." While announcing the sentence, sentence, Judge Halikowski noted the couple "do not constitute a danger to the public... they don't pose an ongoing threat to the community and need not to be incarcerated... "Prolonged incarceration would create a greater discomfort discomfort than necessary." Under current laws, Mr. and Mrs. Smith will be eligible for parole after serving two-thirds (six months) of their sentence. They also received a credit of 20 days for the 10 days they spent in custody after their initial arrest arrest three years ago. YOUR OKE STOP COtilSm CENTRE "Qualified licenced technicians with over 84 years experience" Children's Aid Society expresses disappointment 10 Spicer Sq. Waverly & 401 905-697-9555 2004 Camry LE BY CHRIS HALL Staff writer DURHAM -- Durham Children's Children's Aid Society officials have condemned the nine-month prison sentence handed to a couple couple charged with abusing their • two. adopted sons for more than 13 years, criticizing the sentence and the message it sends. "We're obviously very disappointed disappointed with the sentence," says Andrea Maenza, a communications communications officer with the Durham CAS. "It's good there is jail time, which at the very, least shows some recognition .of the severity of the abuse, but we really would have preferred a longer sentence. , "The Crown requested up to eight years and nine months is barely a burden (for the accused) compared to the 13 years the boys suffered," says Ms. Maenza. Maenza. "We definitely would support the Crown attorney in pursuing an appeal (of the sentence)." A former Blackstock couple pleaded guilty in January to tethering, tethering, beating and caging their two adopted sons for a period of more than 13 years. Each pleaded pleaded guilty to three counts of forcible confinement, assault with a weapon and failing to pro-. vide the necessaiWof life. ! : i The two boys were removed ■ :from their Blackstock area home on June 29, 200,1. On Monday, Justice Donald Halikowski sentenced sentenced both parents to nine months in jail for their crimes, as well as three years probation. "At least there is some jail time. For a while there, we were unsure if there would be any at all because the defense was asking asking for house arrest," says Ms. Maenza./"But, : overall, we think j this fails to send a message -- it's not strong enough. These boys had to endure 13-and-a-half ! years of abuse; the defense ar- 1 gued it was not daily, but it was - still 13 years of persistent abuse. That it was not daily is a moot point-- it was ongoing and it was covered up," says Ms. Maenza. At points during the sentenc- i > ing hearing and in his report on Monday, Judge Halikowski was • somewhat critical of the CAS ac- V tions, criticizing child welfare . workers for their separation of the boys, after they were removed - from their adopted parents' Blackstock home on June 29, 2001. "We absolutely support and defend our staff and the police and how they handled this situation. situation. We did an excellent job during during the apprehension (of the boys) and after," says Ms. Maen za. LEASE FOR $347.00 MONTH* WHILE THEY LAST *48 mth lease plus all applied taxes, $1300 at signing BE32KP-AA-BA D Y@UK TEAPit Please recycle this paper CurrentGIIII neiitd on $1500 or more customer pay itmmmm TOUR DENTURE SPECIALISTS BOWMANVMÆ DENTURE CLINIC Patrick G. Deegan D.D. Shannon Barnett D.D. •See Beeler for Details 623-4473 10 Liberty St. N., Bowmanville CUSTOMER SATISFACTION... 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