Baldwin's Case — Sexual Assault — Police Report

Client:  Baldwin C., Accused
Complainant:  Patricia, a friend
Charge:  Sexual Assault, Criminal Code, s. 271

Police Report:  On 12th of March 2005, the police respond to 46 Me*** Blvd. in Bowmanville regarding a Sexual Assault complaint. Det. A*** conducts further investigation, interviewing the victim and her husband. The victim provided a statement to the police, stating that she had been drinking earlier in the evening, and then she went out to a local bar with her husband and J*** and Baldwin C. They all went back to the victims house and continued to drink right up until she went to bed. The victim further states that she was sleeping in her bed when she realized that she was having sexual intercourse. She initially believed that it was her husband, but then realized that it was the accused, Baldwin C.

On the 23rd of March 2005, Det. A*** contacted J*** C. and arranged interviews with her and her husband, Baldwin C., and J*** cancelled the interview. Det. A*** makes further attempts to contact the C.'s to schedule interviews, but they declined the offer.

On the 28th of March 2005, Det. A*** spoke with Baldwin C.; arrangements were made at that time to have him attend the Clarington Community Police Office at 1730 hrs on the 31st of March 2005.

On the 31st of March 2005, at 1330 hrs, Det. A*** received a phone call from Craig Penney, who is Baldwin C.'s lawyer. Penney confirmed that his client was turning himself in on this date. Det. A*** discussed the arrest and release process with Penney.

On the 31st of March 2005, at 1730 hrs, Det. A*** is notified that Baldwin C. is at the Hotline at 16 Division. Det. A*** escorted Baldwin C. into VSR #1, at which time he provided a typed letter that was signed by him. His lawyer prepared the letter, and it provided the police with instructions with regards to his clients Rights to Counsel and the Standard Caution. Det. A*** exited the room and read over the letter.

At 1746 hrs, Det. A*** arrested Baldwin C. for Sexual Assault. Baldwin C. was searched for officer safety and asked to identify himself. Baldwin C. provided Det. A*** with his personal details, also providing his Ontario Driver's Licence. Det. A*** continued by reading Baldwin C. his rights to counsel, and asking him if he understood, and Baldwin C. replied, "yes".

Det. A*** continued by reading the standard caution to Baldwin C., asking him if he understood, and he replied, "yes". Det. A*** explained the charge, and again Baldwin C. stated that he understood when asked.

At 1750 hrs, Det. A*** contacted lawyer, Craig Penney, and provided Baldwin C. the opportunity to speak to his lawyer. The call is completed at 1757 hrs.

At 1800 hrs, Det. A*** entered the room and went over the release process, explaining in detail the conditions, and Baldwin C. indicated that he understood. Det. A*** offered Baldwin C. the opportunity to tell his side of the story and he declined.

At 1900 hrs, Det. A*** released Baldwin C. on a Promise to Appear/OIC Undertaking.

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