From the Courts: Not Guilty Plea from Robicheau in Gas Station Attack

Excerpts of report by the Herald's Steve Bruce:

Michael Derrick Robicheau has pleaded not guilty to raping and trying to kill a Dartmouth gas station clerk in August 2007.

The 34-year-old man entered his pleas Monday, when he appeared in Dartmouth provincial court on charges of attempted murder, sexual assault, robbery, unlawful confinement and possession of a weapon for a dangerous purpose.
Judge Alanna Murphy tentatively scheduled the trial to begin Oct. 8.

To help maintain Robicheau's mental fitness, the judge remanded him back to the East Coast Forensic Hospital in Dartmouth, where he has been receiving psychiatric treatment for the past 15 months.

The main issue at trial is expected to be Robicheau's mental condition at the time of the attack, Crown attorney Perry Borden said outside court. The prosecution plans to call three doctors to testify, he said, and the defence will want the court to hear from its expert.

A videotaped statement that Robicheau gave police after his arrest will also be shown in court, lawyers said.

Asked if he was frustrated with the progress of the case, Borden said he didn't want to use that word.

“It's certainly longer than I'm accustomed to,” the prosecutor said, “but it's a case that requires extra time, extra reports, extra doctors. It would be nice for everybody if there was some closure put to this issue, but until then we have to keep trucking on.”

In the meantime, Borden said, Robicheau will remain in custody. “The victim is safe, the public is still safe,” he said.

The victim of the attack attended Monday's hearing with her husband but didn't want to talk to reporters afterward.

Lawyers will return to court March 30 to confirm the trial dates with the judge.

From the Courts - No Parole for High Risk Convict

Photo: Peter Parsons, Herald













As reported in the Herald:

By PATRICIA BROOKS ARENBURG Staff Reporter
Tue. Feb 23 - 4:53 AM
The National Parole Board has refused to release a man charged with raping and trying to kill a Dartmouth gas station clerk shortly after he was let out of prison early in 2007.

Last week, the board conducted its annual review of Michael Robicheau’s case and determined that "if released, (he is) likely to commit an offence causing the death of or serious harm to another person before the expiration of the sentence (he is) now serving."

As a result, he will remain in federal custody until at least the end of June.

Robicheau is serving a sentence of eight years and eight months for a November 1999 attack on a woman working at a Subway sandwich shop in downtown Halifax. He was released from prison on Aug. 11, 2007, under the terms of statutory release.

In those cases, an offender must be let of prison after serving two-thirds of a sentence if correctional services officials do not successfully apply to the parole board for continued detention. The board can, however, impose a series of conditions, which it did in his case.

But just 10 days later, he allegedly attacked a woman who worked at the Ultramar gas station on Portland Street, slit her throat and left her for dead on the floor. The woman survived and police later found Robicheau hiding in nearby bushes.

He is now charged with attempted murder, sexual assault, robbery, unlawful confinement and possession of a weapon for a dangerous purpose. His next court appearance is scheduled for March 1 in Dartmouth.

"It is apparent that even with the high degree of structure and accountability invested in your release plan, it was insufficient to manage the risk for violence that you presented," the board stated in last week’s decision

Robicheau, who has been remanded to the East Coast Forensic Hospital in Dartmouth, told the board that he is "functioning better since taking regularly (his) medications" and is participating in programs at the hospital "to gain a better understanding of (his) mental health condition."

He told the board that he expected to remain incarcerated because of his outstanding charges, but he didn’t want to talk about those charges because "you do not like the nature of the offence," the board wrote.