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Saturday, May 14, 2005
The Halifax Herald Limited
Standoff Pair Will Learn Fate in June
By DAVENE JEFFREY - Staff Reporter
Carline VandenElsen and Larry Finck, parents who held police at bay for three days last spring in an armed standoff, will
be sentenced late next month.
The pair were convicted Thursday of obstruction, abducting their baby in contravention of a child custody order, possessing
a shotgun dangerous to the public peace and possessing the shotgun without a licence.
Ms. VandenElsen, 42, was also convicted of three other weapons offences.
During a hearing Friday, Mr. Finck, 51, demanded to be sentenced immediately and refused to participate in a court-ordered
presentence report.
"We're not talking . . . to any bootlicker," Mr. Finck yelled in court.
That outburst came moments after Justice Robert Wright rejected the couple's application to have their convictions stayed
because of what they said was police entrapment.
"There's absolutely no merit to this application," Justice Wright ruled.
He concluded there was no evidence of any plan by police or the use of fraud or trickery to cause the couple to try to
hide their baby from officials or to cause them take part in a 67-hour siege that began last May 19.
Ms. VandenElsen had argued police were unreasonable coming to their door after midnight with a battering ram and a machine-gun,
and she continued to rail against the system Friday.
"They exploited a set of parents and grossly abused a newborn baby . . . and killed (Mona Finck, Mr. Finck's mother) in
the process."
Mrs. Finck, who was very ill with heart and lung problems, died of natural causes during the standoff at her home at 6161
Shirley St.
The jury convicted Ms. VandenElsen of shooting a shotgun during the standoff.
Both Mr. Finck and his wife claim it was actually Mrs. Finck who fired the gun.
The couple lashed out at police, the Crown and Justice Wright during Friday's stay-of-convictions hearing.
"Ms. VandenElsen, I'm not taking any more abuse from you. Stick to the facts or sit down," Justice Wright said.
During his arguments, Mr. Finck also criticized the jury of eight men and four women, who sat through nine weeks of evidence
and deliberated on their verdicts for more than two days.
"They are like pigeons in the Public Gardens," Mr. Finck said, complaining that the jury was too stupid to realize police
had fabricated evidence in the case.
The sentencing hearing for Mr. Finck and Ms. VandenElsen will be held June 28 and 29.
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May 14, 2005
THE CHARGES
KIM MOAR
Larry Finck and Carline VandenElsen faced the following charges for their actions between Jan. 13 and May 22, 2004, at
or near Halifax. Here are the charges and the verdicts after their trial:
1. Did unlawfully and wilfully obstruct Lindsay Hernden, a peace officer, while engaged in the lawful execution of his
duty. RESULT: VandenElsen: GUILTY; Finck: GUILTY.
2. And, being the parent having lawful care of (their child whose name is banned from publication), a person under the
age of 14 years, in contravention of the custody provisions of a custody order in relation to the said (child) made by the
Supreme Court of Nova Scotia with intent to deprive the Children’s Aid Society of Halifax, the guardian, of possession
of (the child), did detain and conceal the child. RESULT: VandenElsen: GUILTY; Finck: GUILTY.
3. And, did unlawfully have in their possession a weapon and ammunition, to wit: a 12-gauge Iver Johnson shotgun and 12-gauge
ammunition for a purpose dangerous to the public peace. RESULT: VandenElsen: GUILTY; Finck: GUILTY.
4. And, did with intent to prevent the arrest and detention of Lawrence Finck and Carline VandenElsen, discharge a firearm,
to wit: a shotgun at (police officers) Colin Brien, Dave Boon, Lindsay Hernden and Donald Stienburg. RESULT: VandenElsen:
NO VERDICT (jury deadlocked); Finck: NO VERDICT (jury deadlocked).
5. And did use a firearm, to wit, a shotgun, while committing the indictable offence of detaining and concealing (the child)
in contravention of a custody order made by the Supreme Court of Nova Scotia Family Division RESULT: VandenElsen: GUILTY;
Finck: NO VERDICT (jury deadlocked).
6. And did possess a firearm, to wit, a 12-gauge Iver Johnson shotgun without being the holder of a licence or registration
for the firearm. RESULT: VandenElsen: GUILTY; Finck: GUILTY.
7. And did in committing an assault on (police officers) Colin Brien, Dave Boon, Lindsay Hernden and Donald Stienburg,
use or threaten to use a weapon, or imitation thereof, to wit: a 12-gauge Iver Johnson shotgun. RESULT: VandenElsen: GUILTY;
Finck: NO VERDICT (jury deadlocked).
8. And without lawful excuse use a firearm, to wit: a 12-gauge Iver Johnson shotgun in a careless manner and without reasonable
precaution for the safety of other persons. RESULT: VandenElsen: GUILTY; Finck: NO VERDICT (jury deadlocked).
— Kim Moar
May 14, 2005
TIMELINE
KIM MOAR
Timeline of events leading up to the verdict in the criminal trial for Larry Finck and his wife Carline VandenElsen:
• Dec. 23, 2003: Carline VandenElsen gives birth to Larry Finck’s daughter at the IWK;
• Jan. 14, 2004: Children’s Aid Society of Halifax believes the child is in need of protection and seeks
a supervision order;
• Jan. 15, 2004: VandenElsen leaves Halifax with her baby and travels to western Canada. That same day, Finck
attends a family-court hearing where Justice Deborah Smith concludes the child is in need of protective services and issues
a temporary care and custody order;
• Feb. 12, 2004: Another family court hearing is held with Finck present. While Smith grants another temporary
care and custody order, VandenElsen returns to the Finck family home on Shirley Street in Halifax;
• March 22, 2004: Finck is back in court where he’s ordered to hand over his daughter to Children’s
Aid;
• May 18, 2004: Halifax Regional Police set up surveillance and confirm VandenElsen and her baby are located
at 6161 Shirley St. in Halifax;
• May 19, 2004: 12:30 a.m. Police attempt to serve the couple with a court order granting temporary custody
of their daughter to the Halifax Children’s Aid Society; 3 a.m., a shot is fired over the heads of police officers who
are using a battering ram to break down the barricaded front door;
• May 21, 2004: 7:20 p.m. Finck and VandenElsen are spotted on the street carrying Finck’s dead 79-year-old
mother, Mona Finck, on a makeshift stretcher. The 79-year-old woman died of natural causes around 10 a.m. that morning. VandenElsen
has her baby strapped to her chest, while Finck has a loaded 12-gauge shotgun slung over his shoulder. Police surround the
couple and arrest them. The baby is handed over to Children’s Aid workers.
• March 7, 2005: Jury selection begins for what’s expected to be a six-week trial into charges laid
against Finck and VandenElsen following the 67-hour standoff. The couple, who are being tried together, plead not guilty to
eight charges;
• March 9, 2005: Trial gets underway as lawyers give their opening address. The case is being prosecuted by
Crown attorneys Rick Woodburn and Len MacKay. Burnley (Rocky) Jones is representing VandenElsen and Ray Kuszelewski is defending
Finck;
• March 17, 2005: Finck fires his lawyer so he can represent himself;
• April 25, 2005: VandenElsen fires her lawyer.
• May 10, 2005: Jury sequestered.
• May 12, 2005: Jury delivers verdict of guilty on many counts for both accused but is deadlocked on others.
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