Why Won’t Crown Jennifer Burke Drop my Police Charges After Production Order Show I Never Made Phone Calls? by Jamie Gilcig

jg2CORNWALL Ontario – Imagine a phone ringing in the blackness of night.   You fumble for it and it’s the police.   Shaking sleep from your conscious you’re told that you’ve committed a crime.

After shaking my head clear and digesting the call from Cst. McGregor of the Cornwall Police Service that night of February 7th I was bewildered.

I had been told that I had made threatening phone calls.    It was bewildering as it had been a good day.  I had been in court and it had gone very well.  Short of getting paid in fact at that moment it really couldn’t have gone better.

It was a Friday and on Sunday we would be celebrating the fifth anniversary of CFN at the Port theatre with a free event that included a singer, a comic, running the legendary movie Blade Runner, and even free popcorn.

Yet here I was in bed starting to call my legal people.   I asked how on earth can they be warning me not to make threatening phone calls when I didn’t make any?

I went to the computer and sure enough nowadays there’s something called “spoofing”.   It’s free.  You literally can enter any phone number into a system and that number will show up when you make a call.   Mostly bill collectors use this service, but it has serious ramifications if used in some manners.  I even sent an email to the Chief of Police, Dan Parkinson, explaining that.

Sunday night after our event I was again woken up in my sleep; by the exact same Constable McGregor.  I was told that after being warned Friday not to call this person that I allegedly had done so again, and that I had to come to the police station and be formally charged.  If I didn’t come immediately they would put out a warrant for my arrest.

Again, not having made the first call; I was upset as I hadn’t made the second one; which according to the disclosure we eventually received alleged I made on the Sunday morning of our event.   This time I was also alleged to have threatened to kill the party.

More calls to my legal people.   There was nothing I could do.  I had to go in and be processed.    The day after my charge the police hastily put me in the police blotter which was picked up by media.  I was put in a cell, patted down, processed and let go to be later finger printed for the first time since I was an infant.

Cornwall, ON – Jamie Gilcig, 49 of Cornwall was arrested on February 10, 2014 and charged with criminal harassment and threats to life. It is alleged that the man repeatedly contacted a 31-year-old man by way of phone calls and e-mails despite having been warned not to. On February 9th, 2014 the man also threatened to kill the 31-year-old man during one of the calls. Police were contacted and an investigation ensued. On February 10th, 2013 the man attended police headquarters to deal with the matter. He was taken into custody, charged accordingly and later released to appear in court on March 20th, 2014.

As you can imagine this has devastated my life.   It also hasn’t helped my run for mayor of Cornwall.  When the other media announced I was running the police charges were front and centre.

The funny thing though is my phone, which the disclosure states I phoned from at distinct times and for distinct lengths of time clearly showed I never made any phone calls.   Also, my phone records also show that I never made any such calls.    I changed my phone number promptly; losing a number I’d had for over ten years and no new charges occurred after.   I’d be in breach and in jail most likely if another false complaint came in.

The police never asked for my phone or records before charging me.    Crown attorney Jennifer Burke seemed quite happy to press the case without my phone records.  In fact it was only after we asked for her to state in writing that she would not request a production order for my phone records that she agreed to put the order in.  A production order is from the court to the phone company of the records.

That production order came back categorically stating that I never made any of the phone calls in question in the disclosure.

That was nearly a month ago and she has still not dropped my case nor the conditions I’ve been forced to live under.

Clearly if I did not make the calls in question the claims of death threats clearly could not have occurred and thereby are utterly false.  To date that person has not been charged yet the police were extremely fast to not only charge me, but to put my name in the public eye.   Why was that?  After all not all names are used in the blotter and in fact not every person charged is put in the blotter either.

For example I cannot move without notifying police.  Of course I can’t come into contact with the party(s) that laid the complaint; but most damaging is I can’t disclose who they are under threat of breach.   That means these months of rumours, gossip, and smearing have essentially gone unchecked while the person that made the complaints hasn’t had a bother.  I can’t write about what happened that day only hours before police placed the first warning or what possible motivation the parties might have had in laying their claims.

The charges also caused “blood in the water” which led to other non related attacks.

The Media is up in arms over the sentencing of Canadian  journalist Mohamed Fahmy in Egypt; but there has been no support for my case here in Canada.

Do we live in Iran?  China?  Russia?  While some may not be a fan of CFN surely this kind of treatment isn’t fair dinkum?

Today is June 24, 2014.  This has gone on since February 7, 2014.   That’s a long time to tie up someone’s life for something that clearly never occurred.

And the only responses or possible resolutions can never repair the damage caused by this ordeal.   The scariest thing is that my case is not unique; and far too many innocent people are tarnished or destroyed by these types of actions.

Is this what we call justice?

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  1. No this is not Justice,it is Just-us mentality by Cornwall Clique Shame on Kilger!!! Nobody spoke up for Perry Dunlop either as they cruxified him.I,m so ashamed of Cornwall.They get away with it because Cornwalites do not hold them to be accountable & that,s a crying shame!

  2. Author

    Mary it’s out now. Those that made decisions in this city can make a statement. They can post a comment. They can make phone calls, write emails, buy ads. There’s a lot that people in the city of Cornwall can do if they want stuff like this stopped. As I’ve always said, if I ever decided to leave Cornwall it wouldn’t be because of the bad guys like Mayor Kilger or Rick Shaver. It’d be because the good people simply didn’t care enough for our community.

  3. If the municipal election in October is a sham as the last one in 2010 was where the people of Cornwall did not vote and the money left us with the worst Mayor and council in the history of Cornwall I myself may ride off to greener pastures. I love this city too much to stick around to see it being destroyed by these clique because those without money do not vote or care enough to stand up for positive change.Corruption won in the provincial election so let’s see if corruption, wasteful spending and partisan behind closed door deals or careless incompetence wins here in Cornwall in October. Change can not be bad when it is needed here as now to correct or better the current situation and goings on at city hall.

  4. Sorry Jamie my previous comment may have been off topic but I was responding to your comment where the GOOD people in our community (not those who are living out of Cornwall making all the decisions for us)do not care enough to vote or stand up to voice their disgust against all that is wrong here not to pee off those pretending they have the best interests of the people here when making decisions.

  5. Silly question, but have you retained a proper lawyer to fight this? These are serious charges that shouldn’t be defended by a paralegal.

  6. Author

    Furtz I’m very confident in my legal team led by my paralegal Mr. Moak. While there are some that feel that lawyers are better than paralegals I think that experience and ability are far more important.

  7. I agree with Furtz, lawyer up. With the charges not being dropped even though a production order has proved you didn’t make the calls it’s time for you to take your defence more seriously and take your defence to the next level.

  8. Yup. I don’t know what the penalties could be if you are convicted, but a criminal record will haunt you for life. It surprises me that paralegal would even agree to defend against such a serious charge. This isn’t a parking ticket.

  9. Author

    Furtz paralegals’s defend many criminal offences and do a fine job. There are good and bad lawyers just as there are good and bad paralegals.

  10. I suggest.. Spoofing some calls to the private residence of the chief of Police, and to Jennifer Burke..and inserting each others phone numbers, thus according to precedence set forth here in, charges would have to be laid to each other. I believe only then will this cheap trick become noted as such and quickly brushed under the carpet..as tarnishing the credibility of citizens is utmost, foremost and overflowing with prejudice, yet when applied to themselves is unacceptable. The simple fact your name was used upon only having charges laid, and not yet proven or convicted in a court of law, shows that the real intent is defamation of character. I have been told numerous times that names are not published while only a suspicion of a crime has been committed. So why the change in policy now?

  11. Author

    Mike M, I would never suggest such action. While I understand the sentiment it would probably only lead to people ending up with legal bills.

    Can you imagine though; once this thing has sorted out the bill that taxpayers would be hit with for a case that never had any evidence?

    At this point I’m sure we’re well over 5 figures of tax dollars, and each hearing and delay will add to that total.

  12. The only reason it is not dropped is, The longer this carries on, the longer they have to adopt a new spin to it, or low and behold, new calls are made. Eventhough no real conviction is probable, the mud slinging, name dragging, and character damage is what counts.

  13. Author

    I would hope not and there are an awful lot of people watching this case at this point. Even today one network tv person and I were chatting about it on Facebook.

  14. Connections, connections, follow the freckles gang ? We have political hacks on the Police Service Board, we have our Mayor, the Crowns Office & some old , well connected “dudes”, so follow the connections to “DADDY” ?
    Now, connect the freckles folks ? C’mon guys this is Cornwall ! lol

  15. There is no justice at all in Cornwall only JUST US and I have been saying that for years. The Barney Fife PD never lets go of anything and when they can pin something on someone even if it isn’t true they have you like a bull dog that won’t let go. Bare Ass is one of the bull dogs and I would say the chief bull dog of the bunch. I would never ever live in Cornwall ever again and so many of us have left and all my class mates from way back have left except for a mighty few who have inherited businesses from their fathers. Anybody who wants to have self respect and be respected leaves Cornwall for good and never to return. Jamie you were set up and believe me they won’t let go.

  16. Jamie it is all over in the US about the sham of our Ontario election and everyone everywhere blames everyone who voted for the fiberals. About your case there is no justice and only JUST US and corruption reigns high in Cornwall. I too am mighty ashamed of that town and I tell you honestly that I will never ever return there to live and that I keep my promises and even swear them on both Bibles here and on my own life. Bare Ass and his corrupted Barney Fife PD are out to get you and any good people. Cornwall is well known for corruption. It isn’t that hard for good people to leave believe me I did it and never looked back.

  17. I’m eagerly awaiting the outcome of this farce. By the way, when is the next court date?

  18. So Jules are you saying anyone who lives in Cornwall has no self respect? I disagree with that. Some of us like Cornwall, warts and all.

    In regards to the election the sham is because people chose not to vote. But it’s been reported by Elections Ontario that the number of people that voted was actually up.

  19. Well The crown attorney has protocol to follow and a job to do. Time is always a factor with the courts. Word of advice; hire a good lawyer better yet hire Mr. Jim Moak he knows the process and the ropes. Good luck and stay calm.

  20. Guilty until found innocent. Seems the way it goes. It happened to a few I know in the past and the police record is forever tarnished because the charges are always there now. Your record is NOT cleared if found innocent, which I find awful and humiliating at times. So anyone can charge a person and that person has to live with it for life. Do I like the police? NO WAY!!! Do I tell my children to run to them in emergency? NO WAY!!! Go see an adult you know before the police. They would be the last resort for me, sorry to say. Court system is a little (sarcastically) screwed up.

  21. What Carol E says is correct re charges remaining on your record whether there is a conviction or not. The Toronto Star just did a quite a story about it a few weeks ago. Thousands of people have been rejected for employment because criminal background checks showed charges that were never proven, or even tested in court.

  22. Author

    Yes, there are a lot of justice issues I’m discovering. I was told I will be able to get my fingerprints expunged from the system eventually though it’s a process.

  23. @ Jules …listening to you trying to rationalize why you left such a promising city is at its best rather sad considering this is local media in a locale you’re no longer a part of. I really don’t see why you’re a part of this conversation at all unless you have some positive insight to offer.

    From my perspective, (and I live and pay taxes here in Cornwall) this city has more potential than any other city in Canada and I’ve lived in some of the most progressive cities out there. Given a progressive inclusive council this city will rock big time.

    As far as this city’s past is concerned, one doesn’t have to read ‘Animal Farm’ to understand the natural tendencies of any group who find themselves in a controlling position no longer accountable to those they represent.

    It’s a perfect storm when people don’t get informed, get involved, or even get out to vote. So the big question is why, given the incredible opportunity everyone has to shape their world by simply exercising their right to vote, do well-intentioned citizens allow that perfect storm to take shape? Is it because they are totally naïve or stupid as some posters here would tend to have you believe? I think not.

    People don’t get out to vote or breach Status Quo because most election campaigns and candidates are amazingly bland and uninspiring. Not surprisingly, losing candidates are often found sitting on their thumbs dumbstruck that everyone hasn’t voted for them, often blaming the citizenry or the Status Quo for their own demise, yet issues that present themselves daily are hardly addressed in their campaigns and most haven’t really done much to get their message imprinted on the minds of the electorate. It reminds me of that movie ‘Field of Dreams’ where Kevin Costner says “build it and they will come”. Well perhaps in the movies that can happen but in elections it doesn’t.

    Incumbent’s most often get re-elected because contenders don’t have a well-planned campaign. The candidates haven’t defined their message of what they’ll do if elected (except for mouthing platitudes like “I’m going to lower taxes by 5% without explaining how they’re about to do that”) or why they can be expected to do what they say they’ll do, supported their message with credible fact and insight, or explained objectively why the incumbent dropped the ball in the first place; and even if they have done all that they haven’t worked their butt off creatively to get the message out there. Voters respect that insight, effort, and creativity and will then stand behind that candidate. Simply attempting to demonize the opponent and then expecting the voter to flock to your feet as if you’re some kind of mesiah is simply a pipe dream.

    Is anyone surprised that abuse of power like what’s happening with Mr.Gilcig doesn’t happen daily in a city where council gets elected again and again despite that abuse getting called out again and again. I’m not.
    And the sooner the candidates get that the better. Just ask Tim Hudak.

  24. Brian and Hugger Winnie got in not just over people who didn’t vote but more so because of people who did vote and saw nobody else worth voting for. Hudak is a mighty weak person and tried to pull a Mike Harris on the people and people got frightened. Well in the near future I can guarantee that something much worse off than a Mike Harris will come around from somewhere and has to turn things around whether people like it or not. All three candidates were complete losers and nobody to really choose from so they all said better to vote for the devil that they know than to get the devil in that they don’t know. About Cornwall’s potential I can say this and that is that Cornwall had many chances years ago to develop but it decided to stay behind. If you don’t have the people who want better change and people who do not want to be disrespected and spat upon like what you see in Cornwall’s so called mayor and council then change will happen. As long as people do not change for the better and throw out the ridiculous and useless tool of a mayor and the council that is elected from one year to the next (just want a pay cheque and perks) then nothing will change except more of the same garbage thrown at the people. It is all in your hands. The cops are completely and totally corrupted and many cops left Cornwall for other places because of that. When I call it a Barney Fife PD believe it because that is just what it is except that it is mighty corrupted and the mayor is Boss Hogg and his gang of cut throats. Nothing will change until the people of the town grow some balls and throw them all out even by force since there is no other alternative.

  25. Yes Jules Wynne was elected in. But people seem to be missing my point. If more people had voted perhaps we wouldn’t have a Fiberal majority government. As for Cornwall needing changes…..yes it does. But changes take time, nothing happens overnight or in the case of cities, provinces, etc every four years. People have to want change AND be willing to vote for that change. Having voter / electorate apathy does not help. It’s a problem everywhere. Constant criticism does not help if it does not include constructive thoughts on how to go about making those changes successful. Saying we need to change mayors and / or council goes without saying. But like I said before changes take time, nothing happens overnight.

  26. @ Hugger. If the Cons had almost anybody but Hudak as leader, they would have won a majority two years ago. No mater how bad the Libs have been, few people could bring themselves to vote for a weasel.

  27. I sort of agree. But this province seems to have a love / hate relationship with the Fiberals.

  28. Hugger if there was a better man than Hudak (who dat) believe me I would have been out this door in a flash to the poles to vote for a conservative person. I was mighty tempted to vote for that weezle Hudak but my vote alone would not have counted for much except one vote only. The stupid PC’s should have known better than to put who dat at the leader – what a loser like his cousin McGuilty #1. It runs in families who is going to get what job since McGuilty#1’s father was an MPP. So much BS going around and the people pay for their stupidities. The people of Cornwall have to get out there and make the changes. More people should come forward for council and there are some intelligent people still hanging around in Cornwall and they should come forward now. People have to have vision for both the present and the future and if not it will get a great deal worse and I can shake on that one. It is all in your hands folks. If you vote Bare Ass back in then you get what you deserve – high taxes to no avail and higher unemployment – Bare Ass has destroyed Cornwall and getting worse unless you ditch him to the glue factory where he belongs.

  29. That’s what partially wrong with society now, they think their one voice doesn’t matter. Every voice matters. The more that speak up the better. Government is only as good as it’s elected representatives. There’s a saying in the IT field…..GIGO. Garbage in, garbage out. If we can’t get good qualified candidates to run for councilor, mayor, MPP or MP then the government is only as good as the people elected.

  30. Author

    Well Hugger I think you need to talk to the residents of Cornwall. As it is I’m already getting treated very badly by the other media for my candidacy. They are not being truthful with the public when they slur me in the manner they have.

  31. And this surprises you? It doesn’t surprise me. Media hardly ever treats the supposed underdog and savior well when they’re up against the king.

  32. People don’t like change and will fight it. Unless they are informed they will vote for the incumbent, unless they’re a total train wreck. But even then they vote for the wrong person / party. We saw that in the provincial election. Hudak could have won the election if he had kept his million job plans and 100k PS job cuts quiet.

  33. Author

    Hugger that was his nature. It was the party’s fault for allowing him to run again.

  34. Agreed. Politics is a weird and wacky world at the best of times. The PC’s should have removed Hudak at the last PC convention under a leadership review. But they didn’t. Now they have 4 years to hopefully get someone in there that can do some damage to the Fiberals.

  35. Jamie and Hugger do you know who else said “Garbage in garbage out” look up one of my favorite comedians on youtube.com whose name is George Carlin (an American comedian) now deceased. You all have to listen to him but he comes out with very dirty words and won’t suit people with sensitive ears but he is a riot and I know that our Furtz would roll on the floor with laughter. LOL LOL. ROLF! I said it once on Jamie’s CFN site about “Garbage in garbage out” and I gave credit to George Carlin. How mighty true and right that man was. You should hear him speak about the American Dream as well “you have to be asleep to believe it”. Check this man out and if you are ever feeling down he will crack you up with laughter. Jamie has been through hell and back in Cornwall with that crooked bunch of low lifes and I could never go through that at all. Many people had a hard time to make a business in Cornwall and many want out. I know of seniors leaving Cornwall soon. Cornwall has no future for young people.

  36. Jamie and Hugger I have a question for you and this may sound crazy but so what I will ask it anyway. You have people running for council and let us say that Jamie didn’t get in and Bare Ass got thrown in again somehow and people didn’t want to be councellors under Bare Ass and they wanted out then what would happen if that was the case? This question might sound corny to you but in my warped mind it is serious and I want to know.

  37. Author

    Jules no mayor or councilor can do anything unless they have other votes around the table. So far I’m personally really disappointed in the caliber of candidates so far. The only names I’ve heard so far mulling entering the race are jr cliquesters Very sad that this is the best a city our size can generate for leadership.

  38. Jamie I agree fully well with what you said and I too am very disappointed in what I see so far. Honestly I swear to you and everyone here that many people are more than fed up and don’t want to vote because they see the corruption in Bare Ass and want no part of it. Jamie that is exactly how I felt in the Ontario election. There was no person to choose from because everyone was the same crap. You are a breath of fresh air for Cornwall and the people are so mighty ignorant and I have been trying to say that to you for a long time. People are so afraid of their own shadow – why be afraid of Bare Ass. Honestly I have never seen a mayor as crooked as Bare Ass as yet – not even Boss Hogg. I cannot live in a town like that at all. Here in Ottawa there are plenty of crooked things going on but it is too big to follow and I don’t read the papers unless there is a crime around in my area which has been done lately. My best wishes are with you Jamie but one thing is that I wouldn’t want to be mayor of Cornwall when the people don’t come forward and help out and vote for a good person. A few months ago or more one other person who knew Bare Ass and lived out of town was going to put his name as mayor and it looks like Bare Ass got to him and I never heard a thing after about him and was supposed to move into Cornwall. That is how mighty crooked things are down there. All the very best to you Jamie.

  39. I agree Jamie. The quality of the candidates IMHO is less than ideal. Perhaps, it may be like a lot of things….people don’t want to lose. If they know certain people are running or planning on running and if they know they’ll lose to them they decide not to run.

  40. See there is corruption everywhere, just more prominent in small cities as it sticks out more.

  41. Great comments Jules………@ Brian,…..I do believe that people who had to leave their city because of safety issues, wrongfully put in prison for not blowing their ” Cornwall ” probation officers ..Seguin and Barque..!because they had to leave as i did…intimidation from cornwall police services …to shut me up…!….We are the first to have the right to say something about the just us system in the city and the corrupt court house , counsell’s behaviour is disgusting…!I left, my city because of its corruption and Mayor…..maybe when a young relative gets assaulted you’ll think differently…..i left because of the bullies who unfortunately prosper in Cornwall …..the innocent ………move away……!

  42. @jules there you go again on your high horse! I must say you are quite the hypocrite, after all you were so quick to comment on articles about me and police blotters where I hadn’t even been convicted of much like Jamie’s situation. After being charged with theft and then after watching surveillance cameras proving I didn’t take anything and that was 6 months ago and I’m also waiting. You had gone as far as saying that I should be sterilized and had lots of ignorant things to say about me, me being someone you’ve never even met but in your eyes I was already this horrible person. I think you have way too much time on your hands and Cornwall is much better off without you! I’d like to see how you’d like it if you were wrongly charged and had your name slandered all over the news papers…

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