Legal Articles

For years the US and Canadian governments have been insisting I am a person who was born in Ontario, Canada and am, therefore, a Canadian citizen. I was deported from the US to Canada, and imprisoned in Canada for 7 years, based on that allegation.

However, the US and Canadian governments adamantly refuse to do a DNA test to determine whether I’m related to that person’s parents, even though that person’s father offered to do a DNA test, because a DNA test will prove I am not the person they accused me of being and deported me as.

After years of refusing to disclose why they refuse to prosecute me again for criminal harassment, even though the Desiree Capuano website remains online, the BC Prosecution Service has finally admitted, formally, and in writing, that the website does not constitute harassment and is, in fact, not illegal.

I was convicted and sentenced to six months in prison, for violating a condition of my probation order, even though I wasn’t on probation at the time. I appealed, and the appeal was dismissed.

High profile Vancouver lawyer, Christopher Nowlin, was contracted by Legal Aid to review my most recent trial for grounds of appeal. He found (as I did) that the search of my phone was illegal because it occurred far outside the time authorized on the warrant, and that the trial judge erred in ruling the search legal.

In his report to Legal Aid, Nowlin stated he believes the BC Court of Appeal will agree the search was illegal and my Charter rights were violated, but that they would not rule that way regardless. Proving that the BC Court of Appeal has an established history of ruling the way it wants, even when it’s contrary to the law.

For seven months, CBSA lied to the court in my criminal trial, insisting there was no record of me turning myself in to them and being removed from Canada. After seven months, I obtained the records from IRCC, proving I DID turn myself in and that CBSA was lying.

CBSA did this knowing I was innocent of the charges against me, and that by lying about it they were causing me to be held in jail, without bail.

Oh, and they also admitted to destroying all the video footage of me when I turned myself in, before it could be disclosed in the prosecution against me – even though it would, clearly have proven I was innocent.

For the past few years, the Canadian authorities have been insisting I am a Canadian citizen, even though their official records clearly and consistently state I was born in the US and have never applied for or received Canadian citizenship. Why? To try to hide their own mistakes, blunders, and incompetence, that’s why!

And by doing this they are effectively forcing me to remain in Canada against my will.

After seven prosecutions and seven years in prison, the BC government finally admits, on the record, this all just a “game of chicken” they’re playing with me. They say they can’t be the one to blink because that will “bring the administration of into disrepute.”

At the criminal harassment trial, Desiree admitted in her testimony, that she was actually deliberately and strategically trying to keep me communicating with her in exactly the manner I had been. This is incredibly significant because conduct cannot amount to criminal harassment (or any kind of harassment) if you are merely doing exactly what the supposed victim wants you to do, and is actively encouraging you to do.

Judge Kathryn Denhoff found me guilty of violating my probation order by failing to take down the Desiree Capuano website. And in the typical custom of BC judges, she completely ignored any inculpatory evidence; insisted I said things I never said; ignored the fact that the prosecution’s main witness, VPD Detective Kyle Dent admitted to lying on the witness stand; ignored the fact that the police and the prosecutor admitted they have no idea who’s actually running the website.

In this article, we pick apart Denhoff’s Reasons for Judgment, comparing it to the transcripts of the trial, showing how what she claims in her reasons is completely inconsistent with what actually happened during the trial.

In one of the packets of disclosure material provided to me by Vancouver Police Department (VPD), Detective Kyle Dent, Dent inadvertently included evidence from another person’s, completely unrelated case (including information about the victim). Somehow, the prosecutor, Chris Johnson, who is supposed to “vet” all disclosure material before providing it to me, also didn’t notice it contained someone else’s disclosure.

I did not inform them. I waited until I had Dent on the witness stand at my trial, then I cross-examined him about why they gave me someone else’s evidence and whether this happens often. Both Dent and Johnson became very uncomfortable. It was beautiful.

Although the BC government keeps prosecuting and imprisoning me for allegedly violating my probation conditions by refusing to take down these websites, their adamant refusal to seek a US court order for the hosting provider to shut it down; and their refusal to prosecute me for any criminal charges related to the websites; proves they acknowledge there’s absolutely nothing illegal about these websites.

My probation officer, Abeed Bhimji, testified at one of my trials. On direct-examination, Bhimji lied about a number of critical issues. Bhimji and the prosecutor Bernie Wolfe did not know I had already obtained Bhimji’s Client Log entries regarding my case, from other sources. So on cross-examination, I confronted Bhimji with his notes from the Client Logs, which proved that his testimony on direct was false.

Let me be completely clear and direct on this point: My probation officer Abeed Bhimji, a justice system participant, was caught committing multiple counts of perjury at my trial. And what do you think happened to him as a result of that?

An open letter from Fox to the BC Attorney General, antagonizing him, mocking the prosecutors of the BCPS, and insisting that even if they lock him up for the rest of his life he will never take down this website. Suck it, bitches!

When Fox was released from prison after completing the sentence for the criminal harassment conviction, he had a probation condition requiring him to take down this website. The website didn’t get taken down, but he didn’t get arrested, so after two months of waiting, I posted this article to antagonize the BC prosecutors. Sure enough, Fox was arrested three days later. They sure are easy to manipulate, those BC prosecutors.

This is what started all the prosecutions and imprisonments of Fox. Prior to this article being posted, the BC Prosecution Service insisted there is no criminal harassment and there’s nothing illegal about this website. This article gets posted and, three days later, that same website suddenly constitutes criminal harassment. Turns out all those prosecutions and all that time in prison had nothing to do with protecting or getting justice for me – it was all about the BCPS trying to save face.

After CBC ran their story about this website, Fox filed a formal complaint accusing them of deliberately misrepresenting the facts. CBC responded, insisting they presented the story accurately and fairly. This post shows how they’re full of shit.

Matthew Schwartz of KVOA (NBC affiliate) in Tucson, Arizona did a segment on Fox, Desiree, and this website entitled “Internet Intimidation”. The entire piece was so full of factual errors, and completely from the perspective of Desiree. This post shows, with proof, how incredibly full of shit Matthew Schwartz and that segment are.

We review the CBC segment about this website which caused all that ridiculous attention it was getting in early 2016. We show, with hard proof, that the reporter, Natalie Clancy, deliberately withheld evidence and distorted the facts to make the story seem entirely one sided (in Desiree’s favor).

The news media has completely distorted the story of Desiree, Fox, and the website into some nonsense about Fox being emotionally hurt because Desiree left him and now he’s seeking revenge on her. What complete and utter poppycock! Stop being mindless fools, led around by the spiteful, bleeding-heart, raging feminist, news media and think for yourselves.

Thanks to CBC for all the free publicity their story has provided for this website. But, of course, being the Canadian news media, they got a number of critical things wrong, and conspicuously left out some major, major points. In this article, we fill in some of those gaps so that you have the full story and don’t need to make foolish, misguided assumptions.