| Originally
posted on DrDon.org in September 2005 and now presented by JAFA:
Q.
DrDon,
what can the proverbial little guy do to help you fight these psychotics
that have tried to ruin you by dragging you through the courts?
A.
You can help by purchasing Todd
Russells DVD collection that includes an informative documentary
about my case.
Q.
Are
you going to start your perfectshots website again. If so, when?
A.
The trauma inflicted on us by individuals that abused their authority makes
the thought of running a member site overwhelming. At this time I
don't have any productions in the works. I will anounce any planned new
releases on the main index page in the future.
Q.
Maybe
you can explain why you think the government had no right to prosecute
you. What was your argument based on?
A.
No "explicit sex" coupled with "violence" = no violation of
the law. It's that simple. You cannot have the "undue exploitation
of sex and violence" without first having explicit sex acts that are "undue".
Explicit sex acts are sex acts at the extreme end of the spectrum of sexual
activities such as sexual intercourse and other non trivial sex acts. I
didn't write the law, but I did obey it. The Crown cannot make that claim.
They thumbed their noses at the Supreme Court and violated my personal
right to freedom, privacy and security.
Q.
Can
you give me the basic facts of your case in a nutshell?
A.
Yes! Look at the answer to the second question above. For more info you
can go here.
Q.
What
do you make of the Crown's argument concerning harm to society?
A.
Stupid! The government is the number one purveyors of harm to society
in Ontario. The Butler decision states that the "harm" must be
"pressing and substantial". The Crown knew about my website for six
long months and they did nothing until Gobeil entered
the picture. Gobeil began a campaign of phoning the Toronto
Crown Law Office. He recruited and encouraged his fellow officers to do
the same. He knew that if enough officers made inquiries that the Crown
would get involved. The slowness of the Crown to act indicates that
they did not see this as a "pressing and substantial"
concern.
There
is no law called "harm to society".
Harm spoken
of in the context of obscenity involves "explicit sex and violence."
The Crown used the concept of harm to justify
prosecuting me and my family. There is no law called "harm to society."
Before
harm is considered as a reason to prosecute, explicit sex
must be present. My materials contain only nudity and violence.
Society
tolerates harm.
Example:
alcohol is implicated in 95% of all violent crimes and nearly all crimes
of spousal abuse involve alcohol, yet the government sells all the alcohol
in Canada. Who causes more harm? Me, or them? How about professional
sports? Look at the fights, brawls, riots, looting, and damages to
city property and businesses that has occurred in Canada during or after
hockey games and Gray Cup games. How about all the suicides committed each
year because police, crown attorney's, judge's, and other government officials
put undue pressure on citizens? The government is the number one purveyors
of harm.....period!
Q.
Was
it purely a case of artistic interest as far as you were concerned?
A.
Yes. I produced materials to entertain people in the action
and horror film genre and to make a living for my family in the same way
any other film maker does.
Q.
Who
started the criminal proceedings against you and why do you think they
did it?
A.
OPP Cst. Scott Gobeil started the action and was assisted by Cst. Brad
Williams. Williams had been told by his superiors that my productions and
websites were not illegal and he told me that as well. When my family left
the church that Gobeil and his family attended, we were shunned by the
church members, including Gobeil. Gobeil's pastor expressed animosity
towards us. The pastor's animosity was exacerbated when he found
out about my productions. Gossip ensued and Gobeil decided to get involved.
His goal was to punish me and cause me and my family extreme mental suffering,
financial losses and hardship. He continued to harass us well after the
trial.
Q.
How did the Crown convince the jury to ignore all the evidence of community
standards that was presented at your trial?
A.
Howard Leibovich told the jury, "that stuff is illegal too
for all we know". Leibovich's statement demonstrates that
he did not know what was legal or what was illegal, therefore, he
should not have been prosecuting me. But the jury didn't catch that.
They only heard what they wanted to hear, and ignored the rest.
One should not ignore the love affair between the Crown and Judge Pierce
either. Judge Pierce continually sided with the Crown and swayed the jury
to convict. When we asked the Court to privide the jury with a copy of
the Rv.Butler decision Judge Pierce asked the jury to leave the courtroom
and then stated that:
"the
jury is not intellectually equiped to understand the Butler decision".
If
Pierce believed her own statement she had a duty to dismiss the jury for
being mentally incompetent. But Judge Pierce did expect the jury
to understand the psycho babble from two Crown experts as well as her 72
page jury charge which contained an improper definition of explicit sex
and a whole lot of her own personal bias.
Q.
Why
do you think the Crown wanted the judge to order you off the internet for
3 years?
A.
They are vindictive and malicious. They wanted to take away my ability
to earn a living. They wanted to impose a punishment that would adversely
effect my wife and children to such an extent that it would cause our separation.
To support my statement you only need to look at the probation order.
The judge ordered that I was to inform her (through probation) if there
was any change in my marital status. The only reason the court was interested
in knowing that was because that was their goal....to cause our separation.
Then the judge said I could not reside in a home with Internet access.
The only reason for doing this was to create a wedge in our family in the
hope that it would cause our separation.
Q.
Do
you really think the cops and the Crown are motivated by tunnel vision
and noble cause corruption?
A.
Yes. They took the moral high ground and used it to justify criminal charges
under obscenity despite there being no "explicit
sex" coupled with violence (a requirement to have violate the law).
They used the media to gain moral support and blamed me for causing damage
to women and society. That is how noble
cause corruption works in the minds of those infected. They care
little about the real damages they cause to real people and more about
winning their case at all costs.
Q.
Do
you know how much your prosecution has cost the tax payers of Ontario?
A.
We guess they have blown close to 2 million dollars. We considered
the number of officers that worked on the case, travel, hotels, meals,
court time, wear and tear on police vehicles, gas, oil, judge's salaries
and travel expenses, Crown salaries and travel expenses, volumes of disclosure,
paper pushing, man hours, long distance phone bills, etc.etc.
Q.
In upholding the conviction for distribution of third party written material
on the member's only web site, the Court of Appeal said that the
Crown “demonstrated that these stories did not have artistic merit. Clearly
under the Butler test, these stories are obscene.” Are they
saying those third party stories are obscene because they have no artistic
merit?
Yes!
HOWEVER, They missed the fact that the charge was possession of
obscene materials for the
purpose of distribution. There
was no evidence that I distributed the three stories. Possession alone
is not an offence. I was convicted because they saw the stories
as obscene, not because they had facts or evidence to support a finding
that I distributed them. Furthermore, the Crown did not demonstrate
that the stories had no artistic merit. That statement ignores the obvious.
My factum contains facts from the trial concerning Dr.David
Annandale's testimony demonstrating that the three stories
do indeed have artistic merit. My factum also mentions
the evidence of community standards which was entered into
evidence through Dr. Annandale. My lawyers argued that the stories
had artistic merit and therefor were not obscene. The Crown had no reply
evidence to our artistic merit defence. The Crown's factum contains
no
arguments or facts with regard to my position that the stories in fact
do
have artistic merit and that I had not distributed
them. The
Crown simply argued that the stories were obscene because of the sex and
violence found in them. The appeals court ignored all of our arguments,
facts and references to evidence and blindly sided with the Crown. I find
this especially hard to swallow because Justice Rosenberg posed a question
during oral arguments which suggested to the Crown that my removing
the stories should have been sufficient to ward off criminal charges. The
Crown of course disagreed because they wanted to punish me for having done
nothing more than offend them.
Q.
Is
serialkillersunderground.com an appropriate name? Isn't it glorifying serial
killers?
A.
Yes for the first question and No for the second one! It has always
been part of the genre to shock and horrify. Horror films are a safe way
for artists and viewers to come to grips with their anxieties. Satire has
been part of the horror genre since it's begining. Serialkillersunderground.com
is a name used in a satirical way, to grab the attention of horror fans.
Q.
What's
your view of the Crown's censorship efforts?
Censorship
sucks. The Crown's case sucks. People have the right to choose not to go
to these sites. Others have the right to choose to visit them. That's what
freedom is all about: the right to choose one way or the other. If the
government censors something, they have taken away everyone's right to
choose, whether it be to look, or not to look.
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