DRP (Homicide Detectives) came to St. Michael’s at approx. 2:30 pm as Michael was in surgery
Police Services Act 267/10
Section 13 (public statements)
5.) The SIU shall be the lead investigator in the investigation of the incident and shall have priority over any police force the investigation
At approximately 2:30 pm 2 plain clothed police officers entered St. Michael’s Hospital and approached our family as we waited for word regarding Michael’s condition – as he was still in surgery
They did NOT identify themselves as from DRP and/or as Homicide investigators (my brother was still alive – he was fighting for his life and we; his family were clinging to every hope for his survival).
Clip #17: DRP Officers did NOT properly identify themselves
Members of the SIU interrupted this meeting; called the lead investigator Winslow Taylor and he allowed DRP to stay and speak with my family before the SIU did. Marianne even asks the officers at this point if they are from Toronto ?
Clip #18: SIU Interupt DRP interview of Michael’s wife and sister and then leave and allow DRP to continue
Not only did the SIU NOT inform us – Michael’s family - that these officers were from Durham Regional Police – they actually – the SIU - apologized to the Durham Officers for the interruption and left.
The members of DRP service then told me - after I realized that we were NOT sure who these men were I asked directly – that we didn’t need an attorney.
Clip #19: Joanne asking DRP Officers “Do We need a lawyer?”
** Although I (Joanne) was not being interviewed, I was present … Marianne (Michael’s wife) and the “complainant” and DRP were bound by law to inform her of her right to an attorney – I asked if “WE” needed a lawyer.
We now know these officers were with the Major Crime-Homicide Unit:
Detective James Leipsig, # 266
Major Crime Unit – Homicide
Detective Rob Moore # 830
Major Crime Unit - Homicide
Clip #20: SIU (Winslow Taylor) Re: DRP interviewing family members @ St. Mike’s
Joanne: you guys answered to me before about why you allowed the police officers stay and talk, so you say Michael was in custody and under investigation, what was he in custody for? And if he was under investigation why did they leave right away. They didn't identify themselves to us as Durham police officers and also when it dawned on us on who it was, I recorded it, are you with Durham police and shouldn’t we have an attorney
Winslow: a few things, So I explained already the parallel investigation um when we come to these incident and it stems from another incident as peace officers our self for public safety. So I allowed the police to investigate what happened at the house reason being is that I don’t know appened there and there may have been MAY have been someone else might have been in danger or something of that sort. So I have to allow the police to do their investigation to check out. That what we thought when talking about the parallel investigation okay? um know at the hospital why they sent homicide investigators I don't know, why they didn’t do the things they didn’t think they were saying I don’t know. My investigators did interrupted the interview right and they did contact me the reason why I allowed the officers to continue their interview if they so chose to was that um Marianne and her sister were not witness to the incident with Michael at the time he was shot. So they were not SIU and provided background into what happened but they were not specific witnesses. Going back if I could do that again I would have actually stopped them and allowed my investigators to let you know what was going on give you an update and some more information and then you could if you decided to proceed further. I have read it over the transcript of the interview that was conducted and you recorded I did get all that information just to see what was going on if you want to pursue more about why the officers during that interview right that’s outside my element. Like I said if I could go back, I could have protected you as a family been more by saying no let the SIU talk to them first. That part I could have stopped