Tethered girl: Victoria jail guard recants sworn statement - Action News
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British Columbia

Tethered girl: Victoria jail guard recants sworn statement

After watching a videotape in court on Friday, the jail guard named in a civil lawsuit against Victoria police recanted sworn statements she made in 2005 that she had been assaulted by a teenaged prisoner.

After watching a videotape in court on Friday, the jail guard named in a civil lawsuit against Victoria police recanted sworn statements she made in 2005 that she had been assaulted by a teenaged prisoner.

Willow Kinloch was 15on May 7,2005, when she was arrested after drinking with friends in a Victoria park. After an unsuccessful attempt by police to take her home, she was taken to the drunk tank in the Victoria police station, handcuffed, bound by her feet and left in a padded cell for close to four hours.

The police officers who tethered Kinloch said they did so because they believed the teen had assaultedjail matronMerle Edmonds.

Shortlyafter the incident, Edmonds provided a sworn statement to Crown counsel, claiming Kinloch had lashed out at her in the cell, that Kinloch continued to fight and resist, and that she had to be restrained by the police officers.

"That's probably what you would have said in court if my client didn't have this video," Kinloch's lawyer, Richard Neary, said to Edmonds.

"Correct," Edmonds replied.

However, after viewing a videotape of the incident in court on Friday, Edmonds admitted Kinloch had not lashed out at her, nor had she offered any resistance.

The jail matron also testified on Friday that she checked on Kinloch every15 minutes, but decided not to ask for her to be released from the cells because the girl was sleeping.

However, the video shows Kinloch never fell asleep, but sat quietly, hands cuffed behind her back and her tethered feet pulled up tight to the floor.

Neary stopped the tape at 15-minute intervals, asking Edmonds repeatedly whether Kinloch appeared to be sleeping.

"No," the guard replied on each occasion.

Kinloch has testified that when she was put in the cell, she was ordered to take off her shoes. She testified she kicked one off, accidentally striking Edmonds in the shin. The teen said Edmonds responded by grabbing her by the throat and forcing her against the wall of the cell.

Edmonds denied that charge during her testimony on Friday. The grainy tape was inconclusive on that point.

Edmonds went off shift and Kinloch was not released for three more hours, court heard.