On September 2nd, 2008 Thomas George Svekla got a break from serving his life sentence at the Edmonton Institution for the murder of Theresa Merrie Innes. Apart from other possible court proceedings, it was likely Svekla's last chance for a change of scenery until he is up for parole in the year 2025.
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The occasion was a court appearance in Peace River to answer to charges of sexual assault and uttering death threats in connection with an August 4th, 2005 incident in High Level.
Prosecutor Karl Wilberg was piloting the case for the Crown, while Svekla had defence lawyer Lauren Garcia handle his file. The scheduled three-day hearing started with jury selection.
The woman at the centre of the complaint had already testified at Svekla's second-degree murder trial for the deaths of Innes and Rachel Quinney.
On April 24th, 2008 the aboriginal woman, whose identity remains protected by a publication ban, told the trial that Svekla threatened to break her neck when he attacked her from behind.
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On the stand in Peace River, the woman told the Court of Queen's Bench that she and a friend were drinking and walking the streets of High Level the night of August 3rd and the early morning of August 4th, 2005 when they were confronted by Svekla.
Svekla, who was riding his bike carrying a six-pack of beer, allegedly invited her to his basement suite to have some drinks. With only a limited amount of alcohol left in her own bottle, the woman said yes.
After Svekla cleared off his bed he sat down beside the woman on a love seat where she was drinking a beer. It was then Svekla began to touch her leg, she testified, and she stood up and said she had to go.
"He attacked me from behind." After pausing for tears, she continued: "He grabbed my throat and my hair ... I thought I was going to die, I couldn't do anything."
The woman told the court Svekla tried to take off her pants and began to "force kiss" her and touch her breasts. The woman said she began to get dizzy and weak.
"He said he was going to break my neck and put my body where nobody was going to find it," she added.
With her life at stake, the woman played dead. Svekla aborted his attack.
"And as soon as he turned his back, I ran out and he was chasing me from behind. I ran and screamed."
At Svekla's trial in April, the woman said she was able to call a cab, after bumming 35 cents from some kids, and took it to the High Level RCMP detachment. Police there photographed the bruises on her face, chest and back and began a sexual assault investigation.
RCMP recorded an interview they conduced with Svekla on August 5th, 2005 and the exchange was played in the Peace River courtroom.
Svekla is heard telling officers he had asked the woman over to his house thinking she might clean it in exchange for a place to stay.
"I didn't want to have sex with her," Svekla maintained. "I was lonely. I just wanted to have company."
Svekla then said she began to be unreasonable, asking for drugs and liquor, which he said he didn't have.
"I said you have to go. I pushed her up the stairs."
However, Svekla was unable to account for the bruises she suffered to her neck, back, nose and chest.
On September 8th, 2008 Court of Queen's Bench Justice Kristine Eidsvik found Thomas Svekla guilty of sexual assault and uttering threats.
Crown prosecutor Karl Wilberg said the Crown would seek a dangerous offender designation for Svekla which could keep the convicted murderer in jail indefinitely.
Svekla was set to make his next court appearance on October 10th, 2008.
Alberta Justice spokesman David Dear said the Crown would either set a date for sentencing or apply for a psychiatric assessment which is considered the first step in seeking a dangerous offender status.
On October 10th, 2008 it was announced that Svekla's sentencing had been put off for a week.
CBC Edmonton revealed the Crown prosecutor's office in Edmonton had confirmed plans to seek a dangerous offender status for Svekla.
"We have decided to pursue that application," Crown prosecutor Ashley Finlayson told the CBC.
Finlayson said the Crown would ask Court of Queen's Bench Justice Kristine Eidsvik on October 17th to order a psychiatric assessment for Svekla, the first step in the process.
"That's a precondition to the dangerous offender application," Finlayson said.
"If the application is granted, then he would be remanded to Alberta Hospital for a period of 60 days for the assessment. Another 30 days is allowed for the report to be prepared," he added.
"Depending on what the assessment says, we would continue on the road to having him declared a dangerous offender."
Finlayson also pointed out that if the judge decides against granting the assessment, that would end the matter.
On October 17th, 2008 Thomas Svekla appeared in an Edmonton courtroom and heard the Crown apply to have him assessed by a psychiatrist.
The assessment is the first step required for Alberta's Attorney General to decide whether or not to launch a dangerous offender application.
However, Court of Queen's Bench Justice Kristine Eidsvik heard that Svekla did not have a lawyer to act for him so the psychiatric assessment application was adjourned until October 31st, 2008.
When Justice Eidsvik noted that day was Halloween, Svekla was seen giving a huge smile from in the prisoner's box.
It was later reported Svekla had retained defence lawyer Mona Duckett.