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| Last updated at 8:39 AM on 04/11/08 |
Crown says rapist shouldn’t get credit for time spent in U.S. custody 
THE CANADIAN PRESS
CALGARY — A man who raped his ex-girlfriend while he was on the lam from the U.S. shouldn’t get credit for time he served in Hawaii, a Crown prosecutor told a sentencing hearing Monday.
John Julius Marr earlier pleaded guilty to charges of aggravated sexual assault and choking to overcome resistance in the March 27, 2004, attack in his victim’s home.
Marr was a parole violator after he fled Hawaii while serving a sentence for a previous sexual assault and assumed a false identity when he illegally entered Canada and arrived in Canmore, Alta., in 2002.
After attacking his victim in Canada, Marr returned to the U.S. where he was eventually picked up in West Virginia and sent back to Hawaii to complete his sentence.
Crown prosecutor John Szekeres said Justice Beth Hughes should sentence Marr to 17 years and order him to serve at least half his term before he is eligible for parole. He also argued that Hughes should not allow the time Marr spent in medium security in Hawaii between October 2005 and his extradition in August 2007 to be deducted from any sentence.
“Mr. Marr was in custody ... serving a U.S. sentence on U.S. charges,” Szekeres said.
Defence lawyer Dale Fedorchuk said that while Marr was in Hawaii, he was denied transfer to a minimum security prison where he could take part in a work program and be free each day because of the outstanding extradition request from Canada.
Marr admitted he tied up his victim with tape from her home, raped her over a lengthy period and kept his identity secret throughout.
During the sentencing hearing Monday, Marr’s victim sat stone-faced in the courtroom gallery while the rapist offered her a teary apology.
“I’d like for (her) to forgive me and I’d like (her) not to harbour any more anger,” Marr said.
Szekeres said both a psychiatric report, which said Marr shows anti-social personality traits, and a pre-sentence report raise “alarming concerns regarding Mr. Marr.”
“This is an extremely serious sexual assault,” the prosecutor said.
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04/11/08
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