CALGARY – Crown prosecutor Jenny Rees declared on Wednesday, after Erik Brian Wanamaker was convicted of accessing and possessing child pornography, that she will seek to have him declared a long-term offender.
Rees told Court of Queen’s Bench Justice Sandra Hunt McDonald that she will seek a sentence of at least three years for the repeat offender, whose lawyer Patrick Flynn indicated he will oppose the application.
Earlier, Hunt McDonald said in convicting Wanamaker that there was no doubt he possessed the images found on a computer in his rented bungalow in the northwest community of Bowness on Dec. 16.
“They were stored both on his black computer tower and on the four DVDs seized from his private office,” said the judge. “The computer was password protected and the only user account on it was named “˜Erik.’ His office was clearly off limits to all other users of the residence. The office door had a door handle with a lock and later a deadbolt lock installed that was used to keep the office locked to all those except Mr. Wanamaker.”
The judge noted that two of the offender’s employees of his renovation business – Shaun Orr and Michael Elliott – testified that their boss’s office was strictly off limits to anyone else in the house.
Given that the images were saved on his black computer tower or burned onto the four seized DVDs and Wanamaker was the only user of the office, “he had knowledge and control over the data files and was therefore in possession of them.”
It was Orr who advised police after he was arrested for an LRT ticket that they should look into real criminals, such as Wanamaker, whom he had seen viewing child pornography when he stepped into the front of the office unexpectedly.
That led to an investigation and seizure of the computer from Wanamaker’s home.
Rees told the judge, in support of her application for long term offender, that he has a prior child pornography conviction from 2007 and was sentenced to 22 months.
He had been observed viewing the illicit material on his laptop at Olympic Plaza during the Children’s Festival.
Hunt McDonald noted in the current case that on the computer drives 2,644 images of underage female models between the ages of five and 15 years, wearing little clothing and posing provocatively, were found.
In another partition of the computer there were 29,088 photos and 38 videos of female underage models, also with little clothing and in provocative poses.
As well, there were DVDs that included numerous naturist (nudist) videos and approximately 1,000 photos involving adults and minors.
The judge granted Flynn an adjournment until May 12 to discuss the Crown’s application with his client and decide their next step.
If an application is granted by the judge, Wanamaker would spend 60 days being assessed by psychiatrists and psychologists. The report would then be forwarded to the attorney general’s office for approval.
A tentative date has been set for Aug. 17 for sentencing arguments.
If declared a long term offender, Wanamaker would have to first serve a prison sentence of more than two years, then would be subject to up to 10 years of community supervision such as probation with conditions.
Calgary Herald
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