Legal Shit

Since 2016 the BC (that's a province in Canada - I know, nobody gives a shit about Canada) justice system has been trying to force Patrick Fox to take down this website. They've repeatedly arrested and prosecuted Patrick for breaching their probation orders requiring him to take down this website and prohibiting him from publishing any information about Desiree. Patrick has now spent about six years in Canadian jail/prison due to his apparent refusal to take down this site.

In this section, you will find all the shit related to the BC government's efforts to stamp out free speech - at least as it pertains to this website.

Click on the "More Info" links below to access the plethora of police interrogation videos, transcripts, recordings of court proceedings, police reports, and all the other shit we've compiled to prove to you the outrageous bullshit that goes on in the BC justice system.

• 244069-2-kc (BCPC) / 27178 (BCSC) / CA44915 (BCCA)

  Arrest Date: 2016-06-14
  Charges:

  • Count 1:

    Criminal harassment (CCC s. 264)

    Allegation: Patrick Fox criminally harassed Desiree Capuano by sending her multiple emails and posting this website to threaten, intimidate, and humiliate her, causing her to have an objective fear for her safety.

    Verdict: Guilty

  • Count 2:

    Possession of a firearm in a place not authorized (CCC s. 93)

    Allegation: Patrick Fox possessed his restricted firearms in a place other than authorized by his Authorization to Transport (ATT), when he brought them to a shipping store to send them to Los Angeles.

    Verdict: Guilty

  • Count 3:

    Unlawful exportation of furearms, knowing it to be unlawful (CCC s. 103)

    Allegation: Patrick Fox exported his restricted firearms from Canada without authorization, while knowing it to be unlawful to do so.

    Verdict: Stayed by Crown (because is was a bullshit charge that was just used to make sure Patrick would be denied bail.

  Sentence:

  3 years and 10 months in prison; 3 years probation.
  Comments:

  The BC prosecutor (Mark Myhre) tried to make it seem as though Patrick had been sending thousands of unwanted emails to Desiree over years, while in fact there was almost as many sent from Desiree to Patrick. Almost all of the emails pertained to the ongoing child custody dispute between them, and Desiree's ongoing refusal to accept her parental responsibilities and to cooperate in their son's best interests.

  Although Patrick chose to represent himself, the court forced a lawyer (Tony Lagemaat) on him to do the cross-examination of Desiree. Lagemaat colluded with Crown Counsel to try to suppress evidence and neither Lagemaat nor Myhre informed the court or the jury of the copious amount of perjury Desiree was committing.

  Regarding the firearms offense, firstly, all of Patrick's firearms were legal and registered. When Patrick was in the process of moving back to Los Angeles, in the Spring of 2016, he brought his firearms back there with him - as he was legally permitted to do. But the Crown needed to link firearms to the criminal harassment charge, to make it seem more scary, so they claimed he shipped them, covertly, to the US and in order to do that he had to have taken them to the shipping store. Even though there was not one piece of evidence his firearms were ever at the shipping store, Patrick was found guilty.

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• 244069-5-bc (BCPC) / 30630 (BCSC)

  Arrest Date: 2019-04-04
  Charges:

  • Count 1:

    Breach of probation (CCC s. 733.1) (failed to report)

    Allegation: Patrick Fox breached his probation order by failing to report for probation as required.

    Verdict: Acquitted

    Count 2:

    Breach of probation (CCC s. 733.1) (leave BC without consent)

    Allegation: Patrick Fox breached his probation order by leaving BC without the consent of his probation officer.

    Verdict: Guilty

    Count 3:

    Breach of probation (CCC s. 733.1) (within 100 meters of US border)

    Allegation: Patrick Fox breached his probation order by being within 100 meters of the us border.

    Verdict: Guilty

  Sentence:

  12 months in prison; 18 months probation.
  Comments:

  Although Patrick has no status in Canada and is not legally authorized to work in Canada the court imposed a three year probation order prohibiting him from leaving BC. Patrick applied to have the condition removed and when the judge said no, Patrick informed the court he intended to turn himself in to CBSA for the purpose of being removed (deported).

  The next day, Patrick turned himself in to CBSA at the Douglas port of entry (POE) and was effectively removed from Canada.

  A few days later, the prosecutor (that greasy bastard, Mark Myhre) got a warrant for his arrest and the US authorities sent him back to Canada for prosecution.

  CBSA, the RCMP, and Crown Counsel (that other greasy bastard, Bernie Wolfe) colluded to destroy the video evidence of Patrick at the Douglas port of entry. Then, CBSA and Wolfe colluded for six months, even lying to the court, claiming there was absolutely no record of Patrick presenting himself at the Douglas POE and therefore Patrick must be lying about having done so.

  Eventually, Patrick received documents from IRCC showing that he did, in fact, present himself as he had been saying - and proving that CBSA and Wolfe had been lying to the court.

  At the trial, the CBSA Officer, Meagan Polisak, perjured herself on a number of issues, including claiming that at a port of entry the burden is on CBSA to prove a person is not a Canadian citizen and if CBSA cannot prove that they must allow the person entry to Canada.

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• 244069-6-b (BCPC) / CA46979 (BCCA)

  Arrest Date: 2019-12-04
  Charges:

  • Count 1:

    Breach of probation (CCC s. 733.1) (publishing this website)

    Allegation: Patrick Fox breached his probation order by making publicly available (publishing) the website www.desicapuano.com.

    Verdict: Guilty

  • Count 2:

    Breach of probation (CCC s. 733.1) (accessing the interet)

    Allegation: Patrick Fox breached his probation order by accessing the internet other than for employment or sending personal emails.

    Verdict: Acquitted

  Sentence:

  6 months in prison; 6 months probation.
  Comments:

  Starting on 2018-12-30 Patrick's probation order came into effect. Amongst other things, the order prohibited Patrick from publishing anything related to Desiree. Crown Counsel (that sleazy bastard, Chris Johnson) alleged that in March 2019 Patrick breached that condition by putting this website online. Patrick argued the website was actually put online in 2018, before the probation order came into effect and, as such, could not possibly violate the probation condition because he wasn't even on probation at the time.

  Both Johnson and his only witness, Detective Jennifer Fontana admitted they had no knowledge or evidence of when the website was acually published - whether it was before or after the probation order came into effect.

  Patrick pointed out there was another condition on the probation order which required him to take down any websites or material related to Desiree within 24 hours of his release from custody, but that he wasn't charged with breaching that condition so it was not relevant. The judge agreed. He argued the Crown is more than welcome to prosecute him for that breach if they wish.

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• 244069-7-b (BCPC) / CA47391 (BCCA)

  Arrest Date: 2020-09-17
  Charges:

  • Count 1:

    Breach of probation (CCC s. 733.1) (failed to take down website (Phillips))

    Allegation: Patrick Fox breached his probation order by failing to take down this website within 48 hours of his release from custody (per the Judge Phillips order).

    Verdict: Guilty

    Count 2:

    Breach of probation (CCC s. 733.1) (failed to take down website (Holmes))

    Allegation: Patrick Fox breached his probation order by failing to take down this website within 24 hours of his release from custody (per the Justice Holmes order).

    Verdict: Stayed by Crown

  Sentence:

  16.5 months in prison; 12 months probation.
  Comments:

  When Patrick was interrogated by the police he was consistently sarcastic, joking, and satirical with them. He did not take any of it seriously. He had been expecting them to come and arrest him because the website was still online.

  Leading up to the trial, while Patrick was being detained in jail, he made multiple requests to Crown Counsel (that ever more sleazy, Chris Johnson) to be provided the disclosure material. Johnson ignored Patrick's disclosure requests. Then, three days before trial, Crown gave Patrick over 100 pages of disclosure and over 2 hours of untranscribed recordings of his interactions with the police on the day of his arrest. No witness list was provided.

  At the start of the trial, Patrick and Johnson informed the judge that Patrick had only received the disclosure three days prior and had not received notice of Crown's intention to call any witnesses. The judge didn't care about any of that and said Patrick should have raised these issues before trial.

  The only witness Johnson called was Detective Kyle Dent, who was the detective that interrogated Patrick. Dent and Johnson knowingly and deliberately mislead the court by presenting all of Patrick's statements to Dent as being serious and sincere, even though they knew they were not. And, since Patrick had only received the disclosure material less than 72 hours before the trial he had had no time to prepare to cross a examine Dent.

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• 244069-8-b (BCPC) / CA48145 (BCCA)

  Arrest Date: 2021-08-17
  Charges:

  • Count 1:

    Breach of probation (CCC s. 733.1) (failed to take down website)

    Allegation: Patrick Fox breached his probation order by failing to take down this website within 48 hours of his release from custody.

    Verdict: Guilty

  Sentence:

  12 months in prison; 3 years probation.
  Comments:

  At this trial Patrick testified and the reality came out that, in fact, Patrick wasn't the person who put this website online, and since it's been up he's had no involvement in it. The website was put online while he was still in custody in 2018, so it would have been impossible for him to have any involvement in that. In addition, all the updates to the site, since then, have occurred while Patrick was in custody - so, again, it would have been impossible for him to be the person making those updates.

  And, since Patrick doesn't have any ownership or control over this website, he has absolutely no ability to take it down!

  At this trial, Patrick cross-examined Detective Kyle Dent regarding Dent's testimony at the previous trial (in 244069-7-b) and Dent effectively admitted he had lied (committed perjury), and that he and Crown Counsel Chris Johnson deliberately mislead the court regarding Patrick's statements to him.

  Nevertheless, even though it was proven that Patrick could not possibly have put this website online or had any involvement with it, the judge found him guilty.

  After entering her verdict and her Reasons for Judgment, while Johnson was making his sentencing submissions, the judge revealed that she was mistakenly under the impression Patrick had access to the internet and to his email from within the jail. This is a major issue because that means her guilty verdict and her refusal to believe Patrick's testimony about it not being possible for him to have been involved in this website because he was in custody at all times relevant, was based on that false belief. But do you think the judge would declare a mistrial or reconsider her verdict? Hell, no!

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