On February 19th, 2008 Thomas George Svekla went on trial in an Edmonton Court of Queen's Bench courtroom to face two charges of second-degree murder in connection with the deaths of Theresa Merrie Innes and Rachel Liz Quinney.
This page is Part Ten of coverage by this site.
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On June 16th, 2008 in an Edmonton Court of Queen's Bench courtroom, Justice Sterling Sanderman heard victim impact statements and sentencing arguments in the trial of 40-year-old Thomas George Svekla.
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On June 3rd Svekla was convicted of second-degree murder and indecently interfering with human remains in connection with the death of Theresa Merrie Innes. The conviction carries an automatic life sentence but Justice Sanderman was tasked with determining his parole eligibilty.
Throughout the course of the day, Svekla would sit intent but impassive in the prisoner's dock.
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The court first heard a victim impact statement from Michael Innes, the oldest son of Theresa Innes.
During his oral remarks, Michael often had to stop to regain his composure, saying he was robbed of his mother's presence in the major events in his life.
"She was not there to see me graduate, she won't get to see me get married or her first grandchild being born," he said.
"Those memories have been stolen away from her. Those dreams are taken away from me.
"Even though she had her ups and downs she would fight for her sons. She never missed calling every weekend, on birthdays and Christmas. I remember her laughs, her jokes, most of all I think about the lost future we were going to have.
"No person has the right to take another person's life away," Michael said. "I don't have a mother."
Two years after their mother was murdered, Michael still gets regular calls from his younger brother.
"I miss my mom, Mike," the younger boy says.
"I miss her, too," Michael recalled telling him.
Family members shed tears while he was on the stand.
Innes' mother, Beverly, asked Justice Sanderman to read her victim impact statement out loud for her.
"There is a hole in our hearts that can never be filled," she had written. "By losing our only daughter, her father and I will never been the same.
"Mr. Svekla, you took a part of our family away but you didn't destroy us ... Our grandson reminds us so much of his mother and that is something you will never take away."
Svekla waived his opportunity to speak to the court.
"I wish to say nothing at this time," he told Sanderman. Those eight words were the only ones Svekla spoke in court after he chose not to testify on his own behalf.
Sentencing arguments were then heard, first from Crown prosecutor Ashley Finlayson.
Finlayson argued Svekla should stay in custody for all or close to the maximum of 25 years before he can be eligible for parole.
The prosecutor stated Svekla showed no fear in killing Innes, evidenced by the fact that he was in no rush to get rid of her body.
Finlayson also said Svekla had an extensive criminal record including sexual assault, and is known to be a violent man who can become even more dangerous when he uses cocaine.
He reminded the court of Svekla's admission of problems with drugs and anger management issues, his history of drunk driving, possession of stolen property and uttering threats.
Each time Svekla was released from jail he ignored probation rules and got back into trouble, Finlayson noted. He was addicted to crack and told friends he took drugs to ease the emotional pain of a violent past.
The prosecutor spoke of the danger Svekla could pose in the future.
"Mr. Svekla is a very dangerous individual," Finlayson said. "It has become a recurring theme when you look at Mr. Svekla's history. He was putting others at risk in order to meet his own needs."
Defence lawyer Robert Shaigec, admitting his client had shown little remorse for his crimes, asked Justice Sanderman to allow Svekla to be eligible for parole after 15 years.
Shaigec said the maximum (25 years) has been imposed in only the most extreme and horrific cases of abusing a body after death, when someone has cut it up or had sex with it.
"Mr. Svekla tends to pale in comparison (to those cases)."
Although Svekla's criminal history was lengthy, Shaigec said most of the convictions didn't land jail time. He also told Sanderman one couldn't assume Svekla kept the body for perverse pleasure as Finlayson had suggested or for any other reason, because none of that was established at trial.
The justice agreed: "I can't find the body was kept for some evil or sinister gratification."
Shaigec also noted that Svekla spends more than 23 hours a day in solitary confinement.
Under law, the minimum parole ineligibility for second-degree murder is set at 10 years.
Svekla appeared emotionless as the arguments were delivered.
Sanderman then sentenced Svekla to life in prison for killing Theresa Merrie Innes and set parole ineligibility at 17 years.
He said he took into consideration the callous way Svekla treated his victim's body after her death, treating her like so much stuff trussing her up nude, bending her like a pretzel and cramming her in a hockey bag and for that he must pay.
Court heard the body was placed in freezer in December 2005 in High Level and transported in a hockey bag to Fort Saskatchewan. After his suspicious sister opened the hockey bag in her garage police were called. They found the body elaborately wrapped in layers using wire, garbage bags and a plastic shower curtain. A pathologist said it took more than an hour to unwrap the body, including 58 separate wire cuts.
"The treatment of Miss Innes by Mr. Svekla is conduct that does attract a greater sanction," Sanderman said. "One of the hallmarks of a civilized society is the manner in which we respect the dead."
"We do not treat the dead with the utter contempt and utter disregard that you exhibited to Miss Innes," Sanderman told Svekla. "It is truly reprehensible."
Sanderman, who once referred to Svekla's various explanations for coming across Innes' body as "a bunch of crap," said in another lifetime there were names for people like him.
"In another era, maybe another century, Mr. Svekla would be known as a cad, he'd be known as a louse, he'd be known as a lowlife," the justice said.
"You wouldn't buy a used car from Mr. Svekla," he added.
The justice also tore a strip off Svekla for his treatment of his defence team questioning their abilities behind their backs.
"And how do you repay them?" With treachery. You should be ashamed of yourself," scolded Sanderman.
He also noted Svekla had made a life out of preying upon the vulnerable. While citing Svekla's criminal record, the justice revealed it included the sexual assault of an eight-year-old girl.
For the charge of committing an indignity to Innes' dead body, Sanderman sentenced Svekla to a concurrent term of four years.
"There is a need for a long term separation from the public," Sanderman told the court.
Svekla remained impassive, a pair of armed guards flanking him.
Outside court, Theresa's mother Beverly offered only a brief statement about her satisfaction with the verdict as she was shepherded away from cameras by Delia Quinney, Rachel's mother.
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"Very much so. He won't hurt anybody else," she said.
A larger version of Edmonton Journal Chris Schwarz's spot photograph can be seen here.
The sentence seemed to sit well with other members of the Innes family.
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"We're satisfied with the verdict, it was very well done, and the judge was excellent," another relative said.
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"He won't be able to hurt anyone any more," Beverly echoed.
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Michael Innes, who spoke forcefully in court, declined comment as he left the courthouse. He was observed shaking hands with Crown prosecutor Ashley Finlayson.
Finlayson said Michael's statement left a strong impression.
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"It was satisfying to me that he shook my hand after the proceedings.
"He spoke very eloquently in court today and Justice Sanderman commented on the victim impact statements both of himself and of Beverly Innes which Justice Sanderman read into the record. That was very warming."
Finlayson said it was important to remember Svekla was going away for a long time.
"I'm not able to comment on whether the public will be satisfied. It's important to keep in mind he does have a life sentence and it doesn't mean he is automatically going to be released after seventeen or fifteen years."
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Svekla's defence team did not speak with media.
In 2025 "Mr. Hockey Bag," as he likes to be called inside the Edmonton Institution, will turn 57 when he is eligible for parole.
However, Svekla can apply under Section 745.6 of the Criminal Code, the so-called "faint hope clause," after serving 15 years.
Svekla was acquitted on all charges relating to the death of Rachel Quinney.
He was also ordered to submit another DNA sample and was banned from owning firearms for life.
On July 3rd, 2008 Thomas Svekla launched an appeal of his second-degree murder conviction.
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The appeal was filed from his jail cell, indicating it was prepared without the assistance of a lawyer. In a letter dated July 8th, a Court of Appeal clerk explained to Svekla his options for contacting legal aid and that he was required to include a transcript of the trial with his appeal.
Svekla claimed Court of Queen's Bench Justice Sterling Sanderman erred in law when he ruled that his behaviour in the days after he found Theresa Innes' body showed he had the requisite intent for murder.
He also claimed that Sanderman erred by admitting similar fact evidence given by two women at the trial. One was a former high-school girlfriend, not identified due to a publication ban, who testified Svekla choked and tried to sexually assault her.
The second was Rebecca Kroetsch, another high school friend, who visited Svekla at the Edmonton Remand Centre following his arrest for Innes' murder. Kroetsch testified Svekla told her to tell the high school girlfriend that she had been the first person he had hurt and “the first to see the bogeyman.”
In the notice of appeal, Svekla also stated he may cite further grounds that arise from the conviction, that he would like to attend the appeal in person and, if his appeal was successful, that he not have a trial by judge and jury.
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