Child
molester
may
go
to
jail
for
life
Prosecutor
asks
court
to
consider
labelling
man
'dangerous
offender'
Gordon Kent, The Edmonton Journal Published: Saturday, July 08 2006
EDMONTON - A repeat child molester could face a lifelong prison sentence as a dangerous offender after being convicted Friday of sexually abusing a young girl.
Dennis Gary Baumgardt fondled the child when she was six or seven years old, committed sex acts, tied her to her bed with black tape and made her watch pornographic movies with him, said Court of Queen's Bench Justice John Gill.
The attacks happened in Edmonton almost every day in 2003-04.
When the girl's brother saw Baumgardt alone with her and exposing himself in the basement, the man threatened the youngsters to keep them quiet, Gill said.
"The accused told (the children) they could not tell their mother. If they did, he would kill them."
The judge described the girl as "a friendly, bright, articulate child."
Although defence lawyer Peter Royal argued her testimony was riddled with lies, inconsistencies and contradictions, Gill concluded none of the problems was serious enough to throw her evidence into doubt.
He convicted Baumgardt of sexual assault, sexual touching, indecent exposure and two counts of uttering threats.
The 48-year-old man has a long record for similar offences.
In 1980, he was convicted of committing an indecent act in Medicine Hat, then received a jail sentence of almost two years in 1992 for five counts of indecent exposure, three counts of inviting sexual touching and sexual assault.
Three years later, he was given a 42-month sentence in Calgary for sexual interference.
He almost didn't come to trial this time. A provincial court judge threw out the case last August following a preliminary hearing held to determine if there was sufficient evidence for the case to continue.
However, in a rare legal move, Alberta Justice ordered a direct indictment and sent him to trial anyway.
Crown prosecutor Mark Huyser-Wierenga told Gill he wants Baumgardt to undergo a psychiatric assessment to help determine whether he should be declared a dangerous or long-term offender.
Dangerous offenders can be held in prison indefinitely, while long-term offenders can be supervised in the community for up to 10 years once they're released from prison.
The case returns to court Aug. 10.
gkent@thejournal.canwest.com
