By Andrew Seymour
Ottawa Citizen
December 20, 2011
www.ottawacitizen.com/news/Lawyer+argues+release+convicted+bishop/5885048/story.html
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| Michael Edelson, left, lawyer for Raymond Lahey argued Monday that the former Catholic bishop should receive the mandatory minimum sentence of one year in jail. |
A disgraced former Catholic bishop interested in gay sadomasochistic sex and addicted to Internet pornography shouldn't spend another day in jail for possessing child pornography, his lawyer argued Monday.
Raymond Lahey, 71, should receive the mandatory minimum sentence of one year in jail, especially considering the relatively small number of images he possessed, a doctor's finding that he presents virtually no risk to the community and the fact his reputation has been left in tatters by the incessant and international media coverage of the case, Michael Edelson said.
Since Lahey's offence predated a law abolishing enhanced double credit for time served in jail while awaiting sentencing, he should also receive two-for-one credit for the more than seven months he has voluntarily spent behind bars after turning himself in following a guilty plea in May, Edelson argued.
If granted two-for-one credit, Lahey could then be released with time served.
Crown prosecutors are seeking a sentence of 18 to 22 months in jail followed by two years probation.
Lahey was arrested at the Ottawa airport in September 2009 after border agents discovered the illicit materials on his laptop computer. They included 588 pornographic pictures of adolescents and boys as young as eight. Some were engaged in explicit sex acts, including intercourse. Lahey also possessed several pornographic stories, including one featuring a character named Father Raymond.
Edelson said Lahey, who once negotiated a $13-million settlement for victims of child sex abuse by priests as the bishop of Antigonish, N.S., had become a "societal pariah" following his guilty plea to possessing child pornography for the purpose of importation.
Lahey has been "living a life of great deeds, good work and immense erudition, education and good character," Edelson argued.
He holds a PhD, studied at prestigious Cambridge University and has made submissions in the Vatican.
Much like the protagonist in Nathaniel Hawthorne's The Scarlet Letter, though, Lahey will also be forever marked for what he had done, Edelson argued.
"In light of the destruction to this man's reputation, he wears the scarlet letter," Edelson said. "C.P. are the scarlet letters he's going to wear."
Edelson said there was no evidence Lahey ever committed a "hands-on" offence with a child and cited noted forensic psychiatrist Dr. John Bradford's finding that Lahey's risk of sexually assaulting a child was less than one per cent.
Bradford testified earlier in the day that Lahey was a homosexual with an interest in photographs of adolescent males and young men, but wasn't a pedophile and didn't need treatment.
A pedophile is someone who has sexual urges and fantasies about children under the age of 13 for at least six months.
"You can never be absolutely sure someone is not a pedophile, but, on the basis of the material I reviewed, I believe he is not a pedophile," said Bradford, head of forensic psychiatry at the University of Ottawa and recently retired as associate chief of forensics at the Royal Ottawa Mental Health Centre.
"Even if he was a hands-on perpetrator, he is at an age where the risk of recidivism is very low," Bradford said.
Lahey, who has been involved in a 10-year romantic relationship after a number of one-night stands, imagines himself in a "submissive role" in his sado-masochistic sex fantasies, Bradford said.
"His role is to be submissive and subjected to humiliation and bondage," Bradford said.
Lahey says he has never acted out on his fantasies, the doctor said.
However, Bradford acknowledged he gave little consideration to the fact Lahey was carrying a bag of sex toys when he was stopped by border agents or had travelled to countries known for the child sex-trade, such as Thailand.
A Newfoundland man has filed a civil suit against Lahey for allegedly fondling him repeatedly at the Mount Cashel orphanage, but the unproven allegations contained in the lawsuit were not considered in criminal court Monday.
Bradford said Lahey explained he was indiscriminately downloading what he believed to be gay adult pornography from the Internet and must have downloaded the child pornography there. Edelson argued many of the websites have provisos saying the models depicted are over the age of 18.
While Lahey was presented virtually no risk of acting out on his interests, Bradford also admitted there was no way of determining Lahey's risk to commit a future child pornography offence.
Crown prosecutor David Elhadad also questioned whether Lahey was trying to manipulate test results to present himself in the best possible light.
Lahey scored highly on a test used to measure impression management.
Phallometric testing, which measures sexual arousal to images and audio tapes, also showed Lahey had an interest in adult females, even though he told the doctor he liked teenage boys and young adult men.
Lahey also said he agreed with statements like "child molesters get longer sentences than they really should" and "children don't say no to molesters because they are curious about sex and enjoy it."
A gaunt-looking Lahey, who appeared to have lost a considerable amount of weight since going into custody, shuffled into the prisoner's box in leg shackles. He sat quietly as Bradford testified.
Elhadad is expected to make his sentencing submissions today. The Crown is also expected to argue against allowing Lahey to receive any additional credit for his time served.
"This is a situation where, after the legislation came in force, he purposely, out of his own choosing, put himself behind bars," prosecutor Mihael Cole said.
Contact: aseymour@ottawacitizen.com
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