Graham James Sentence: Disgraced Coach Gets 2 Years In Prison For Sex Abuse Of Players

Graham James Sentence

First Posted: 03/20/2012 4:00 am Updated: 03/21/2012 12:00 pm

WINNIPEG - Outrage across Canada was swift and pointed Tuesday as reviled former junior hockey coach Graham James was sentenced to two years in prison for hundreds of sexual assaults on two of his teenage players.

James's lawyer said his client — "the most hated man in hockey" — got a fair trial, but few seemed to agree that the sentence fit the crime.

A spectator in the Winnipeg courtroom shouted "Yay!" then spat out a more colourful condemnation as James shook his lawyer's hand and was led away in handcuffs to begin serving his sentence.

"Goodbye, you piece of (expletive)," the man said as James was taken into custody.

Talk show phone lines lit up with people expressing harsh views of the sentence. Others took to Twitter to voice their disgust.

Judge Catherine Carlson made James stand up in the prisoner's box to hear his fate. The 59-year-old — looking gaunt, his head closely shaven — showed no emotion, but simply answered "yes" when she asked him if he understood the sentence.

James pleaded guilty in December to repeatedly sexually abusing retired NHL star Theo Fleury and his cousin, Todd Holt, when they played for him in the Western Hockey League in the 1980s and '90s.

"The court is aware that this case has attracted significant public attention and that there is a sense of outrage about these offences. That is understandable," Carlson said in her lengthy sentence summation. "Serious offences were committed against vulnerable victims, with devastating results for those victims.

"There is no sentence this court can impose that will give back to Mr. Holt and Mr. Fleury that which was taken from them by Mr. James.

"The court expects there is no sentence it can impose that the victims, and indeed many members of the public, will find satisfactory."

As Carlson predicted, James's victims responded immediately with disappointment.

"This sentence today is nothing short of a national travesty because we know that childhood abuse has reached epidemic proportions in our country," said Holt, who read from a statement at a news conference in Cochrane, Alta.

"Graham James is laughing all the way back to the life he has always led, knowing that justice for him is but a blip on the radar."

The Crown had requested six years in prison, while James's lawyer wanted a conditional sentence of up to 18 months with no jail time. While the Crown argued James violated the trust of his players and was at a high risk to reoffend, the defence said he had already served time for abusing players and has been rehabilitated.

For former NHLer Sheldon Kennedy, one of the original players to come forward with accusations to which James pleaded guilty in 1997, hearing his abuser has reformed after 32 hours of therapy is a "joke."

"It's been a lifetime of working and rehabilitating with counsellors and two-hour sessions a week just to stay on track myself after the damage that Graham has inflicted, so to sit in there and hear that Graham James is rehabilitated, really drives me nuts," Kennedy said outside the courthouse.

"Obviously, it's not a sentence we all want to see. At least he's going back to jail."

James served about 18 months of a 3 1/2 year-sentence for molesting Kennedy and two other players before he got out of jail in 2000 and dropped out of public view.

Greg Gilhooly, one of James's alleged victims whose charges were stayed, said he and Kennedy have spent more time in therapy sessions than James has behind bars.

"It's unfathomable that a guy like Graham gets two years for what he did," added Gilhooly. "But at the same time, he is going to jail. He'll be in jail tonight. He's going to a penitentiary — and that's a good thing."

James's defence lawyer Evan Roitenberg said his client has been punished enough though public humiliation and hounding by the media.

The disgraced one-time coach was wearing a red ski mask which concealed the lower portion of his face when he arrived at the courthouse. Roitenberg shouted at photographers to get out of the way.

Roitenberg said James has accepted his fate.

"All he wanted was a fair hearing and I think he feels he got one," Roitenberg said. "Mr. James is very soft spoken, intelligent, insightful (and) understands who he is. He understands the difference between what he was, and who he is now, and accepts and recognizes the wrongs he's committed. But (he) is, at his heart, not an indecent man by any stretch of the imagination."

James is looking ahead to rebuilding his life once he is released from prison, Roitenberg said.

"I think Mr. James appreciates the nature of the crimes he committed. He wasn't seeking vindication," the lawyer said. "Hopefully when he is released from custody he'll be able to live a life. I think that's all he wants. I think that's all anybody should want for him."

It took Carlson almost 1 1/2 hours to outline the reasons for her decision to the packed courtroom. She characterized the case as complicated and said probation alone was not an option. It was obvious James had "total control" over the teens he molested because he threatened to end their promising hockey careers if they said anything, she said.

Aggravating factors were that the victims were under 18 and James abused his position of trust, she said.

"They were young, teenage boys. They had dreams and aspirations to be professional hockey players. They had hockey talent," Carlson said. "What happened to Mr. Fleury and Mr. Holt is every child's worst nightmare and every parent's worst nightmare."

The boys were trapped and subjected to "degrading and humiliating" assaults.

But the judge also pointed out that James expressed remorse, apologized to his victims and has experienced what she called "an extreme degree of humiliation" — factors that warranted a reduction in his sentence.

She said James could have fought extradition from Mexico, where he had been living, but voluntarily came back to face the charges. He pleaded guilty and has kept a regular full-time job. The last of James's offences occurred 18 years ago and he hasn't been convicted of any criminal offence since 1997, she said.

"The two-year sentence is a penitentiary sentence. It acknowledges the seriousness of Mr. James' offences. It means sending back to jail someone who has not reoffended in the last 15 years and has done all society has required of him during that time."

Many Canadians disagreed.

"Graham James gets two years for all the lives he's ruined? Someone caught with weed gets a harsher sentence," one person tweeted. "Is that justice?"

"Graham James's two-year sentence sends a powerful message: it isn't worth it for abuse victims to summon strength to tell police," wrote another. "It's a sad day for Canada."

During sentencing arguments last month on the most recent charges, court heard that James would single out his young victims and keep them close to him. He often separated them from their families by convincing their parents the teens needed tutoring and had to spend nights at his apartment.

The assaults began as fondling or groping while Fleury or Holt slept, but escalated as the boys became exhausted from fighting off the advances. Eventually, Holt was offered money by James in exchange for sexual acts. Both Fleury and Holt estimate they were assaulted hundreds of times.

Both Fleury and Holt said the legacy of James's molestation lasted for years.

James apologized to his victims at his sentencing hearing but that was little more than a con, Fleury wrote in a joint statement with his cousin.

"Graham James once again perpetrated his crime and spread his sickness right through the courts of Canada. He conned the judge with his 'poor me' and 'I regret' statements," he said. "It is time that the predators know that they need to take notice and be scared — there is no place for you to hide.

"We are shedding light in those dark corners where you cower."

Note to readers: This is a corrected story. An earlier version had Crown attorney Colleen McDuff's first name spelled wrong.

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05:03 PM on 03/21/2012
"... who he was, and who he is now" is the same person ... a paedophile doesn't 'change' ... they cannot be rehabilitated into not being a paedophile.
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HUFFPOST SUPER USER
SeanMartin
Everything in moderation.
03:25 PM on 03/21/2012
>> "Both Fleury and Holt said the legacy of James's molestation lasted for years."

Okay, asbestos suit time again...

All right, as I remember this case (and please correct me if I'm wrong), this stuff started when both of these guys were in their mid-to-late teens and ended well into their adult lives.

Can someone explain this? Because there's something here that's just really not sitting right. I'm not condoning what James did, not one bit. But they were (again, if I remember right) on the far side of their 20s when it stopped. Why did they wait so long? Fleury was in an NHL career by then; why didnt he stop James then and there?

Sorry, folks: the more I think about this, the more confusing it becomes, so tell me what I'm missing.
09:57 PM on 03/21/2012
It's not all that different than battered wife syndrome you become so attached to your abuser that you create any distance.
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HUFFPOST SUPER USER
SeanMartin
Everything in moderation.
09:42 AM on 03/22/2012
But that's not the point: these werent kids while most of it was going on. They were adults and should have been making adult decisions about it all. You're telling me that Fleury, an NHL star, couldnt tell this guy no?

I have no sympathy for Graham James, but I"m starting to have less for the "victims", who apparently were incapable of uttering one simple word. The only possible excuse I can fathom is that Fleury thought it would blow his career if the scandal ever got out. So he waits till now, when it's "safe" for him to do so.
02:49 PM on 03/21/2012
Hmm, The court expects there is no sentence it can impose that the victims, and indeed many members of the public, will find satisfactory." So whats the logical thing to do in light of this "fact" give him a slap on the wrist.
12:07 PM on 03/21/2012
Graham James appears to be Mort from the Bazooka Joe comics.
12:04 PM on 03/21/2012
This is an insult to the brave victims who came forward and an embarrassment to all Canadians. Surely this idiotic sentence can be appealed by the Crown? What message does this send to the many hidden victims yet to come forward to report abuse by this despicable creep and others like him? Imagine the sentence he'd get south of the border...he likely would not get another opportunity to offend like he will here once he serves a third of his sentence - 8 months? Surely we can do better in this country to protect our young people.
10:11 AM on 03/21/2012
The lawyer defending his said he is not an indecent man by any stretch if the imagination I wonder if the lawyer would let james teach his grand kid hockey?? Lawyers who defend creeps like him should have no souls and are as criminal as their clients!
12:24 PM on 03/21/2012
defense lawyers many times defend the guilty it is their job and it is how the system works --
everyone is entitled to a legal defense
09:53 PM on 03/21/2012
Spare me, you can defend any job you want, but He said what he said and don't be naive everyone is entitled but only those who can afford it get one that will call a pedophile a DECENT MAN that was my point would he allow his loved ones alone with James?? Doubt it.
08:56 AM on 03/21/2012
As a person who has experienced sexual abuse from many male adults I can say with confidence that it will always be something in my life. It is well known that pedophiles will re-offend. Pedophiles that have been in rehabilitative programmes while incarcerated have been interviewed and said do not let us out, we cannot be cured. Do not trust us! When you have the information from the source why do we continue to ignore it. How many more lives have to be affected by these predators before we realize that they need to lock them up and throw away the key. Lethal injection is cheaper. Then the people they abused can move forward knowing that that person will never be around to perpetrate their particular horror on any other child.
08:43 AM on 03/21/2012
Gee, I wonder why he was living in Mexico? http://www.uri.edu/artsci/wms/hughes/mexico.htm
07:08 AM on 03/21/2012
we have here a case where the sentence appears too light

we know the right wingers solution is for the government to impose stiff mandatory minimum sentences to appease their base

we had a case last week where the mandatory was deemed excessive --it will likely go to the supremes

all we want is for the punishment to fit the crime -------the system we had before conservative meddling had served us well for many many years

perhaps going back to what we had and introducing a peer revue of sentences in eggregious cases would get us closer to the goal----and keep the politics out of it
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mirabay
stand for something or you will fall for
06:53 AM on 03/21/2012
wonder what would have happened if this had been a baseball, basketball, football, soccer coach........what would have happened............people always said if it wasn't a priest how the law would have reacted.............well now we see........hockey what is it good for absolutely nothing.............
06:29 AM on 03/21/2012
a
06:26 AM on 03/21/2012
As emotional a subject as this is, we need to realize the judge needs to be impartial and level headed. The judge did her job. To demand otherwise is to invite a return to lynch mobs and the abandonment of the rule of law. We may not like the results, that is why criminals are not judged by the public.

To demand the government intervene would politicize the judicial process. And trust me, with the latest omnibus bill, I don't want Harper messing with judges the way he messed with the Senate and our Constitution.

PS: Asking for life in prison will backfire in a dangerous way. If pedophiles get life in prison, what would stop them from killing their victims? Also, pedophilia is a mental illness. We are lucky he got prison at all.
04:19 AM on 03/21/2012
This judge has no idea the damage that sick twisted pervs do to kids and latter the effects in their adult life's . I have often wonder about the judges and what drives them to make such ridiculous sentencing that in this case does not fit the crime. I would hope the Government steps in and reviews this, I am not sure if the sentence can be overturned, but it should. James should get life in Prison for the simple reason he has ruined many life's,
This is truly disturbing Canadian justice works for peodo's but not their victims that is how I am looking at this, and the best part James will get protective custody away from general population, he will do his time in comfort, what justice pathetic !!!
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mirabay
stand for something or you will fall for
03:12 AM on 03/21/2012
what did you expect from a country that lives by the rules of hockey like amerikans.............there are no pacifists on the ice........look what they do to the seals........look at the movie goon and you see it for what it is...........like catholics hockey fans will let this go until the next predator comes along..........lets not stop talking falsely now the hour is getting late(JH)........
01:37 AM on 03/21/2012
In reality, there aren't many issues that transcend the ugly, divided politics that has crept over the US border and into Canada. But this really, really ought to be one of them. As a father of a three year old daughter and a 10-month old son, and as a proud middle-of-the-road, wishy-washy Liberal I would love to see Canada's three main political parties join hands and strengthen our laws with regards to sexual violence, especially sexual violence against children. I say especially against children because paedophiles are an especially disgusting breed of human being who re-offend in incredibly high numbers are remain a risk to society throughout their entire lives. Sentences like these are a tragic, rage-inducing joke.

So how about we get a Justice reform bill in front of the House of Commons that isn't some ridiculous, omnibus monster that imposes tougher sentences on pot growers that paedophiles and focus on an issue crying out for attention. I'm not one for mandatory minimums, but I'll happily support them in these cases. Judges in this country have lost the right to judicial discretion in these cases. Their discretion sucks.