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Man convicted of child abuse exiled to Canada (he's US citizen - new meaning to dumping?)
CTV.ca ^ | Sun. Oct. 22, 2006 | Staff w/AP

Posted on 10/23/2006 4:48:54 AM PDT by GMMAC

Man convicted of child abuse exiled to Canada

CTV.ca News Staff
Updated Sun. Oct. 22 2006 11:26 PM ET


Given a choice between jail and exile to Canada, an American man chose Fort Erie, Ont. after being convicted for having sex with a 15-year-old girl.

Starting Monday, Malcolm Watson will stay out of the U.S. for three years as punishment for having a sexual relationship with the Buffalo, N.Y. student.

The sexual abuse sentence handed down by a New York State court only allows Watson to re-enter the U.S. to report to his probation officer.

Watson, 35, lives in Fort Erie with his Canadian wife and three children.

The former seminary teacher was arrested in April after a mall security guard noticed Watson and the girl sitting in a parked car for two hours.

District Attorney Frank Clark called the sentence "a little dicey."

Immigration lawyers in the U.S. are questioning whether the court has the authority to banish a citizen, The Associated Press reported.

Watson's defence lawyer Oscar Smukler was reportedly surprised by the unusual sentence. He is concerned that his client's new criminal record could prompt Canadian authorities to deny Watson entry.

"We did some research on the question of whether Canada might consider throwing (Watson) out, which would make him a man without a country," Smukler told AP.

Watson did have a choice of sentence. His alternative was to spend a year in jail.

With files from The Associated Press


TOPICS: Crime/Corruption; Culture/Society; Foreign Affairs; News/Current Events
KEYWORDS: canada; exiled; sexoffender; watson
Only "a little dicey" ???
How about fair indication the Judge involved has lost his mind ?!?!

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1 posted on 10/23/2006 4:48:55 AM PDT by GMMAC
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To: fanfan; Pikamax; Former Proud Canadian; Great Dane; Alberta's Child; headsonpikes; Ryle; ...

PING!
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2 posted on 10/23/2006 4:50:53 AM PDT by GMMAC (Discover Canada governed by Conservatives: www.CanadianAlly.com)
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To: GMMAC
starting Monday, Malcolm Watson will stay out of the U.S. for three years as punishment for having a sexual relationship with the Buffalo, N.Y. student.

WTF?
3 posted on 10/23/2006 4:54:50 AM PDT by kinoxi
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To: GMMAC; Alberta's Child; albertabound; AntiKev; backhoe; Byron_the_Aussie; Cannoneer No. 4; ...
So it looks like residing in Fort Erie is prefereable to residing in a US prison.

They are going to have to do something about those US prisons.

4 posted on 10/23/2006 4:55:01 AM PDT by Clive
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To: GMMAC

What's the message here? "Have sex with young girls, move to Canada." This may be grounds for judicial impeachment.


5 posted on 10/23/2006 4:55:22 AM PDT by beezdotcom
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To: Clive
So it looks like residing in Fort Erie is prefereable to residing in a US prison.

It's been awhile since I lived in WNY but Fort Erie's claim to fame was the horse track, casino gambling, underage drinking and prostitution. With all that going for a community what more could this guy as for in a sentence?

6 posted on 10/23/2006 5:00:04 AM PDT by Damifino (The true measure of a man is found in what he would do if he knew no one would ever find out.)
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To: GMMAC

I bet the Canadians are thrilled to get our cast off molesters!


7 posted on 10/23/2006 5:01:20 AM PDT by saganite (Billions and billions and billions-------and that's just the NASA budget!)
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To: GMMAC
Here's a good 'Find Your Local Pervert' site:

www.familywatchdog.us

When you visit this site you can enter your address and a map will pop up with your house as the small icon of a house and red, blue, green, dots surrounding your entire neighborhood. When you click on these dots a picture of a person will appear with an address and the description of the crime he or she had committed.

8 posted on 10/23/2006 5:02:57 AM PDT by AmericaUnited
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To: Damifino
It's been awhile since I lived in WNY but Fort Erie's claim to fame was the horse track, casino gambling, underage drinking and prostitution.

Don't forget how the chinese restaurants got caught serving cat! That changed my eating habits in one day.

9 posted on 10/23/2006 5:10:16 AM PDT by Fawn (Hillary's junk--> http://blogs.chron.com/techblog/archives/2006/10/hillarys_baggag.html)
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To: GMMAC

10 posted on 10/23/2006 5:12:04 AM PDT by LIConFem (Just opened a new seafood restaurant in Great Britain, called "Squid Pro Quid")
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To: Ogie Oglethorpe
He is concerned that his client's new criminal record could prompt Canadian authorities to deny Watson entry.
11 posted on 10/23/2006 5:27:25 AM PDT by Tribune7
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To: Tribune7
More details, legality discussed here.
12 posted on 10/23/2006 5:54:28 AM PDT by GMMAC (Discover Canada governed by Conservatives: www.CanadianAlly.com)
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To: Tribune7
It took me a second to understand why I was being pinged on this, but I get it now.

Little slow on a Monday AM...

13 posted on 10/23/2006 6:02:10 AM PDT by Ogie Oglethorpe (2nd Amendment - the reboot button on the U.S. Constitution)
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To: GMMAC
For the curious:

Who is Ogie Oglethorpe?

Jim Carr: This young man has had a very trying rookie season, with the litigation, the notoriety, his subsequent deportation to Canada and that country's refusal to accept him, I guess that's more than most 21-year-olds can handle. Number six, Ogie Oglethorpe.

http://www.imdb.com/title/tt0076723/fullcredits

http://slapshot.20m.com/photos/Ogie2c.jpg

14 posted on 10/23/2006 6:05:55 AM PDT by Ogie Oglethorpe (2nd Amendment - the reboot button on the U.S. Constitution)
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To: Damifino

" Fort Erie's claim to fame was the horse track, casino gambling, underage drinking and prostitution..."

better than jail for the perp...?


15 posted on 10/23/2006 7:23:41 AM PDT by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: GMMAC

Simple solution to a judge's idiotic ruling - Please just send him back to New York. Then, he'll go where he belongs in the first place - JAIL.


16 posted on 10/23/2006 11:00:29 AM PDT by conservative in nyc
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To: conservative in nyc
Aside from still having Liberal-inspired laws on the books which would likely easily permit this pervert to tie up the matter in our Courts for well over the the stated 3 years, if the Judge isn't nailed hard & fast Stateside, at some point this moronic decision will come back to haunt both nations.

And, since his bizarre ruling has no doubt drawn the attention of at least a few legal hacks on our Benches, why not make him a cautionary example for 'creative' and/or activist Judges on both sides of the border?

While a single year of jail time for statutory rape is pretty weak just about anywhere, a so-called "exile" which amounts to something considerably less than house arrest is appallingly limp-wristed - other than for a Canadian female pedophile teacher - even by our morally bankrupt sentencing norms!
17 posted on 10/23/2006 11:57:58 AM PDT by GMMAC (Discover Canada governed by Conservatives: www.CanadianAlly.com)
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To: GMMAC

New York State trial court judges are elected. It's up to the voters to throw the bum out. I wonder if the prosecutor can appeal the idiotic sentence.

I don't think it would take any long legal process to refuse to let this guy enter Canada at the border after he goes to visit his parole officer. Just denying him entry will force him to violate his exile.


18 posted on 10/23/2006 12:05:11 PM PDT by conservative in nyc
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To: beezdotcom
He already lives in Canada.

Essentially, one of the requirements of his probabtion is that he stay there. While I understand and might well applaud the requirement, I doubt that it will be sustainable under our immigration laws. And Canada may well refuse him entry at some point. The guy's gonna end up in jail here, I'm sure.

19 posted on 10/23/2006 12:27:50 PM PDT by Ready4Freddy ("Everyone knows there's a difference between Muslims and terrorists. No one knows what it is, tho...)
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To: GMMAC; The Mayor
I read the original Buffalo News and AP articles. It's apparently not solely the judge's fault. As best I can tell, the sentence was part of a plea bargain agreed to by both the Erie County DA and the perp's defense attorney. The DA noted that the girl's family was happy with the deal. Both charges that he plead guilty to were misdemeanors carrying a year or less in jail.

The plea bargain was accepted by Cheektowaga Town Justice Thomas Kolbert. He's been on the court for 17 years, and last ran for election unopposed (and cross-endorsed by the Democrat and Republican parties) in 2003. He should be up for reelection next year. Cheektowaga is a suburban town of about 80,000 outside of Buffalo.
20 posted on 10/23/2006 12:35:48 PM PDT by conservative in nyc
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To: conservative in nyc
Aside from the fact that the public should be rightly appalled by a DA plea-bargaining pedophilia down to misdemeanors as well as by a Judge rubber stamping the deal, does anyone else find it more than a little odd that a US citizen would opt to maintain a 'Canadian' family most likely only a few minutes across the border?

Assuming he's their natural father, his kids are US nationals too &, as a teacher, it's unlikely he wouldn't have Stateside health insurance. Plus, the cost of living in Fort Erie is probably higher than in most parts of Erie & Niagara Counties & he has no tax angle since his wages are taxed where he earns them

His whole living situation reeks of some sort of premeditated ulterior motive which makes his receiving such a mild slap-on-the-wrist all the more suspicious.
21 posted on 10/23/2006 1:25:17 PM PDT by GMMAC (Discover Canada governed by Conservatives: www.CanadianAlly.com)
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To: GMMAC

I doubt there is anything sinister about an American with a Canadian wife living in Canada while still working across the border. Would it be suspicious if the family lived in Buffalo and his Canadian wife commuted to her job in Fort Erie?

As a teacher, he likely had health insurance in the US. If it included the wife and kids (which it often does), the family might be better off not having to endure the wait times the Ontario system sometimes imposes. And he might have been paid better in New York than in a comparable job in Ontario, especially after factoring in the exchange rate when it was 66 cents to the Canadian dollar not so many years back.

It's not clear that the judge has formally passed on this sentence yet, by the way. It was supposed to happen today, according to some news reports. If so, perhaps he's seen the uproar and is having second thoughts about it.


22 posted on 10/23/2006 1:59:06 PM PDT by conservative in nyc
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To: conservative in nyc
"Would it be suspicious if the family lived in Buffalo and his Canadian wife commuted to her job in Fort Erie?"

Yes - for all the reasons you listed in the following paragraph & then some. Plus, although it's likely not all that relevant but given the immediate proximity, what sort of a person would opt to raise their American kids in Canada?
Fine, if your employer transfered you to some far distant foreign locale and you had to go wherever to keep your job and/or move upward but, maybe 10 minutes a way in Fort Erie !!!

BTW, the story got some play on Toronto talk radio stations this afternoon.
The overwhelming consensus was twofold:
It's got to be totally illegal in any Western democracy and, if the situation were reversed, America would never stand for it.
23 posted on 10/23/2006 3:14:39 PM PDT by GMMAC (Discover Canada governed by Conservatives: www.CanadianAlly.com)
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To: GMMAC
I don't think the U.S. can stop an American from coming back into the country - but we can arrest him once he steps on U.S. soil.

To some extent, the plea bargain is a solution to a problem. The 15-year old girl didn't seem to want to testify, and without the 15-year-old's testimony, the perv wouldn't be convicted. The deal his defense lawyer made with the prosecutor was essentially for parole, with a restriction on where he could go, almost like house arrest, but not really. Without the deal, he might have totally gotten off scott free, and been a menace to everybody. Of course, the only party at the table - Canada - doesn't seem to have been consulted and gets the short end of the deal.

Canada doesn't need to stand for the deal - turn him around at the border the next time he enters the U.S. for a parole hearing or whatever. As far as has been reported, he's not a Canadian citizen. Foreigners have no right to enter Canada.

What the perv did might not have been a crime in Ontario at the time - is the age of consent still 14? The girl was 15.
24 posted on 10/23/2006 3:29:47 PM PDT by conservative in nyc
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To: conservative in nyc
"What the perv did might not have been a crime in Ontario at the time - is the age of consent still 14? The girl was 15."

It's a crime in Canada & a fairly serious one expressly because he was in a position of authority which effectively trumps the 14 age of consent.

I'm assuming the real problem with your suggestion will occur, thanks to the damned Liberals & their activist Judge buddies, if he's smart enough to utter the word 'refugee' once stopped ...
25 posted on 10/23/2006 7:02:24 PM PDT by GMMAC (Discover Canada governed by Conservatives: www.CanadianAlly.com)
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To: conservative in nyc; fanfan
This sucker's seemingly starting to get 'legs' up here:
Lead-off story on CTV's 11:00pm national news broadcast.

Doncha just love being at least a half day ahead of the msm's news curve - LOL!
26 posted on 10/23/2006 8:05:25 PM PDT by GMMAC (Discover Canada governed by Conservatives: www.CanadianAlly.com)
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To: conservative in nyc
As a teacher, he likely had health insurance in the US

But not any more; it's unlikely that he'd find a job stateside with health coverage now, which is all the more incentive for him to choose to stay here.

27 posted on 10/24/2006 5:35:30 AM PDT by Squawk 8888 (Pluto's been marginalized! Call the ACLU!)
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To: Squawk 8888; conservative in nyc; fanfan; Ready4Freddy; Ogie Oglethorpe; Tribune7; LIConFem; ...
2 new up-date articles posted here earlier this morning.
28 posted on 10/24/2006 6:57:39 AM PDT by GMMAC (Discover Canada governed by Conservatives: www.CanadianAlly.com)
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To: GMMAC

Please take me off this list. Thanks.....


29 posted on 10/24/2006 8:36:24 AM PDT by Fawn (Hillary's junk--> http://blogs.chron.com/techblog/archives/2006/10/hillarys_baggag.html)
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To: Fawn
Although most weren't among my routine contacts and I've seldom done so, I let those who'd expressed an interest in this topic by commenting on the above thread know two follow-up articles had been posted.

As it should have been obvious this was intended as a courtesy and that you're not normally on any list of contacts of mine, your public request is ill-mannered and needless; especially when it could have just as easily been made via private FReep mail.
30 posted on 10/24/2006 11:28:45 AM PDT by GMMAC (Discover Canada governed by Conservatives: www.CanadianAlly.com)
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