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| Canada inmate used own blood in assault |
| By The Kingston Whig-Standard |
| Published: 10/13/2003 |
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An imprisoned murderer had five months added to his life sentence after he was convicted of using his own blood to assault a paramedic inside prison last year. Keith McLain was serving a life sentence for a 1989 killing at Kingston Penitentiary in Ontario at the time of the incident. The conviction won't add any time to his sentence, but will likely have an effect on his parole eligibility, McLain's lawyer, Fergus O'Conner, said. He pleaded not guilty to the charge. O'Connor said that his client was depressed and tried to commit suicide by slashing his arms Sept. 18. Kingston Pen staff called an ambulance, but when the paramedics approached McLain's cell and tried to speak to McLain, they testified that he swore at them and flung out an arm. Blood splatter from his wounds struck one of the men in the face. Because McLain's medical records are protected by privacy rules, the judge was told the paramedic has since had to undergo precautionary monthly blood screening to ensure that he wasn't infected by Hepatitis-C or HIV. O'Connor argued that the Crown couldn't prove his client intended to spatter the paramedic with blood and wasn't merely gesturing at him. Mr. Justice Paul Megginson found that McLain was aware that his hands and arms were covered with blood. He said it was an irresistible conclusion that he was also cognizant when he made the gesture that blood droplets would fly. O'Connor urged the judge to have sympathy for his client, who found himself so deeply depressed that he injured himself. Megginson said he has more sympathy for the paramedic, who was only there trying to help McLain and who, because of the nature of substance he was struck with, had to undergo invasive testing and live with the stress of not knowing for a year. Assistant Crown attorney Laurie Lacelle also noted that the paramedic hasn't even been able to enjoy a social drink with friends. That one brief incident has had a serious effect on his life-style, she said. |
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