WCB hostage taker wants all convictions dropped
The man who held nine hostages at gunpoint inside the Alberta Workers’ Compensation Board building in 2009 has argued to the Court of Appal that his convictions should be reversed in favour of an acquittal.
Patrick Clayton, 42, didn’t dispute that he walked into the downtown Edmonton building on Oct. 21, 2009, with a loaded rifle, fired a shot at a security guard and held hostages in a boardroom for 10 hours. The facts of his case remain the same, he said.
Clayton claimed he was duped by his defence lawyer and was led to believe there was a plea agreement in place that would see him sentenced to probation and time served. Clayton was later sentenced to 11 years by a trial judge he claims “threatened” him and caused him to decide against a jury trial.
“I’m still a victim through this whole thing,” Clayton, who is representing himself, told the three-judge panel Wednesday.
Clay ton’s a rg u ments were met with skepticism by Court of Appeal Justice Peter Martin.
“It’s absolutely critical you be honest with us and I fear you’ve strayed from that,” Martin said. The judge noted that Clayton had never mentioned that he felt pressured or fooled by his lawyer or the trial judge before Wednesday.
“For you to mislead us now would be fatal to your appeal.”
Crown prosecutor Maureen McGuire argued that Clayton’s appeal is only based on his desire to leave prison.
“He wants to go home,” she said. “The law does not allow people to change their mind. Mr. Clayton doesn’t deserve an acquittal or a reduction in sentence.”
Repeatedly, Clayton derailed his arguments to complain about poor treatment from the WCB that he said mitigated his armed takeover of the building. He cried as he blamed a WCB doctor for reinjuring his knee and bureaucrats for cutting off his medication, which he say forced him to become addicted to crack cocaine. Clayton has been adamant that those grievances left him with no choice but to storm the WCB building.
“The law was broken before I broke the law,” he said.
Martin repeatedly told Clayton that his troubles with the WCB had no bearing on his appeal. “We might as well be talking about last night’s hockey game. It’s irrelevant.”
In Nov. 2011, Court of Queen’s Bench Justice Sterling Sanderman said Clayton’s crimes would normally warrant a 15-year sentence, but gave Clayton credit for his guilty plea, which spared reluctant witnesses from testifying and reliving their ordeal.
A decision in the appeal is expected in the next month.