Sexual predator heading to dangerous offender hearing in Sudbury | #childpredator | #kidsaftey | #childsaftey

Michel Albert has been convicted numerous times of crimes against children

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A convicted sexual predator is heading to a dangerous offender hearing in Sudbury that could keep him in jail for an indefinite period.

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Michel Albert’s hearing will begin on Nov. 4.

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The dangerous offender designation is reserved for Canada’s most violent criminals and sexual predators. Crown attorneys can seek the designation during sentencing and must show there is a high risk that the criminal will commit violent or sexual offences.

On March 30, 2023, Ontario Court Justice Andrew Buttazzoni found Albert guilty of a series of crimes related to his attempt to abduct a teen as she was walking to school on Paquette Street in New Sudbury on April 4, 2019.

Albert’s sentencing had been put off so a forensic psychiatrist could assess him and the Crown could decide whether it wanted to proceed with a dangerous offender hearing, which it has.

Last year, Buttazzoni convicted Albert of assault causing bodily harm, forcible confinement, two counts of assaulting police officers and resisting arrest.

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Albert at first tried to plead he was not criminally responsible for his actions on April 4, 2019, when tried to kidnap the girl and later fought with Greater Sudbury Police in his apartment, but that defence was rejected.

He had argued he was not guilty on the basis that, at the time, he was suffering from a mental disorder that rendered him incapable of appreciating his actions – also known as not being criminally responsible.

Defence lawyer Denis Michel said his client had no recollection of the events of that day.

When the not criminally responsible defence was rejected, Michel then asked for a trial.

In finding him guilty, Justice Buttazzoni said Albert’s claims the Crown withheld evidence and treated him unfairly “were completely devoid of any foundation or reality.”

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The judge also concluded the victim got a good look at Albert – whom she knew from before – when he tried to snatch her.

“She was fighting for her life,” said the judge. “Her face got incredibly close to the accused. She recognized him as the same person she had seen on five prior occasions.

“While she did not know his name, she recognized him as one of the five people who was living at 1200 Paquette St. … I am satisfied beyond a reasonable doubt it was Mr. Albert who attacked (the teen) on April 4, 2019, while on her way to school.”

The court heard from witnesses who said they came to the girl’s rescue when they heard her screams.

In addition, it was determined that genetic material recovered from the teen’s fingernails came from Albert, Buttazoni said.

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“Michel Albert could not be excluded as the source of the DNA,” said Buttazzoni. “There is no other explanation for the presence of Mr. Albert’s DNA on her fingernails.”

Buttazzoni noted the teen’s injuries included a sore cheek and ear, scratches to her back caused when Albert tried to drag her toward his apartment, as well as bruising to her face, lips and knee.

He said that if it were not for “fortuitous good involvement by Good Samaritans” who came to the teen’s rescue, Albert may have succeeded in dragging the teen to his nearby apartment.

As well, Buttazzoni ruled Albert resisted arrest and assaulted two police officers.

“The officers were attempting to arrest a suspect who was totally uncooperative and did everything he could to resist arrest,” said Butttazoni. “I am satisfied beyond a reasonable doubt Mr. Albert kicked one officer twice and punched one officer in the face.”

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Albert’s arrest on April 4, 2019, led to a series of other charges. As a result, he has been:

– sentenced to five years for performing oral sex on a six- or seven-year-old girl whom he knew while she was asleep more than a decade ago;

– sentenced to 2.5 years for possession of child pornography. The material was discovered on a computer in Albert’s home as police investigated the abduction attempt;

– sentenced to a four-month jail term for committing an indecent act more than a decade ago when he exposed himself to a teenage boy; and

– put on probation for 18 months for sexually assaulting a child 30 years ago.

Albert has maintained his innocence, claimed evidence that would clear him has disappeared and accused prosecutors of misconduct.

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X: @HaroldCarmichae

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