Whitehorse Daily Star

Nehass concerned about assembling unbiased jury

Michael Nehass wants to plead not guilty, though he’s desperate to get out of jail.

By Rhiannon Russell on December 15, 2014

Michael Nehass wants to plead not guilty, though he’s desperate to get out of jail.

He knows waiting for a trial will prolong his already three-year-long stay in custody at the Whitehorse Correctional Centre, while if he enters guilty pleas, it’s likely his sentence would amount to time served.

“I have a good case, but I am being inhumanely treated at WCC,” Nehass said last week in Yukon Supreme Court, wearing a red jail uniform and shackled with a chain around his waist.

“The longer I sit in custody, the longer I suffer ... I don’t want to plead guilty to f***ing anything. I want to get out of jail.

“I am a human being,” he said, his voice loud and angry. “I have rights. What’s happening is f***ing wrong.”

Nehass is facing eight charges in Yukon Supreme Court: assault, assault with a weapon, two counts of uttering threats, possession of a weapon for a dangerous purpose, breaching his probation conditions, intimidation and forcible confinement, dating back to 2011 in Watson Lake.

He has not yet stood trial for these alleged offences, but has spent the last three years in WCC.

A trial was scheduled for last April, but was adjourned when Nehass’ fitness to stand trial came into question.

(He’s since been found by the Yukon Review Board and a territorial court judge to be mentally fit.)

At recent court appearances, Nehass has often been exasperated, angry at his lengthy incarceration and perceived delays in his case. He appears drastically thinner than he was just a few months ago.

The 30-year-old has said at previous court appearances he is so desperate to get out of jail, he’s willing to plead guilty to all of his charges in hopes of being released with time served – even though he says he’s not guilty and doesn’t agree with the Crown’s version of events.

“This game is over,” he said last Tuesday, in an attempt to enter guilty pleas. “I am time served. Let me the f*** out of jail.”

But the following day, Nehass said he maintained his innocence and disputed the allegations against him.

“I only wanted to plead guilty to my Supreme Court matters out of duress,” he said.

So Justice Ron Veale scheduled a trial in March 2015, before a judge and jury.

“What’s going to happen until then?” Nehass asked. “I’m going to sit in that (solitary-confinement) box until then?”

With a trial date now set, he said he’s concerned a jury will be biased against him because of media coverage of his case over the years.

“Let me call this right now,” Nehass said. “I’m going to call a spade a spade ... I am going to be found guilty anyway in this f***ing courtroom.

“(Then) I am going to end up in segregation for even longer. What am I supposed to do?”

Nehass, a member of the Tahltan Nation, has spent a “substantial period of time in a form of separate confinement” over the past three years, according to his former lawyer, Bibhas Vaze.

(Nehass fired Vaze last week, though he is continuing to assist the court as amicus, or “friend of the court.”)

The Department of Justice won’t reveal how long Nehass has been in solitary confinement.

Nehass frequently mentions a conspiracy theory involving senior Yukon government officials and RCMP officers. He believes they are colluding to keep him behind bars because he knows government secrets.

In a complaint filed to the Yukon Human Rights Commission last April, Nehass’ father, Russ, said he believes his son’s mental health is deteriorating due to his lengthy stay in segregation.

Studies have shown that solitary confinement has serious psychological side effects, including distorted perceptions, paranoia, hallucinations, insomnia and feelings of hopelessness and despair – and that it can be as “clinically distressing” as physical torture, according to Human Rights Watch.

This isn’t the first time Nehass’ human rights have come into question at the jail.

Last January, he appeared naked in court, before a judge, via video feed from WCC, surrounded by three guards in riot gear.

Nehass’ father, who has not spoken to media, filed a complaint to the Canadian Judicial Council, alleging his son was subjected to “inhumane and degrading public exposure.”

The presiding judge, Justice Leigh Gower, apologized last month in a letter from the council to Russ.

The apology was news to Nehass.

He said last week he read about Gower’s apology in the newspaper, reported publicly after a copy of the Nov. 18 letter was sent to the Star.

“When? Where? I never got no apology,” Nehass said angrily.

“It’s in a letter,” replied Veale.

“To who?! Not to me.”

Nehass also faces charges in territorial court, laid during his time at the jail.

He pleaded guilty last month to five – attempting to break out of the jail, two counts of mischief, assaulting a guard and uttering threats – though he didn’t agree with a statement of facts proposed by the Crown.

Nehass, Vaze and Crown prosecutor Eric Marcoux are working on an agreed statement of facts – the circumstances of the offences that both parties agree upon.

A hearing has been scheduled for February to address the disputed facts.

It’s expected sentencing would take place after that.

Comments (8)

Up 5 Down 7

mike madder on Dec 18, 2014 at 10:50 pm

jaymanic, why does it matter how long I've lived in a community before I comment on something what the court registry shows is exactly all that should be held against him and if found guilty of his new offences, then may he be held accountable for that as well. But that still does not justify the treatment that he has received while held on REMAND before he is found guilty and with the opinions already expressed on this page, he probably has good reason to fear a biased jury. In any case, whatever the out come of his criminal matter, some day he is gonna be released and when that day happens and all the head games and stuff this guys been thru, could have a very negative effect on someone or worse some people, maybe even me or someone I know that finalizes this guys freedom. The sad thing is that as sure as I am of a tomorrow, is as sure as I am that this guy will reoffend. But who's to blame for it is my problem, you keep pouring gas on a fire the flame only gets bigger not better. Just a sad waste of a human being and a poor example of correctional services is my last comment on him.

Up 28 Down 4

Wondering how it's just…in any way, shape or form on Dec 16, 2014 at 10:01 pm

So….Mr. Nehass is sitting in jail and it looks like he won't be leaving anytime soon…. Evangaline Billy's murderer, on the other hand, is out WALKING AROUND A FREE WOMAN. She only served 5 years for MURDER and now, because she didn't get the free legal aid lawyer she wanted, SHE WALKS, until it's all rehashed in court and the Billy family gets dragged through hell AGAIN. Both of these individuals need to be in jail, but in Mr. Nehass's case….he should be outraged that he gets solitary confinement and the murderer gets to walk free.

Up 25 Down 3

jaymanic on Dec 16, 2014 at 8:39 pm

Mike madder, if you've lived here long enough you wouldn't have to read about his past. The court registry is only for what's been on record. In the community we know there's much more. A lot more. You obviously don't. But that is the truth. Must be a mike thing.

Up 58 Down 5

YTer on Dec 16, 2014 at 3:11 pm

"Nehass is facing eight charges in Yukon Supreme Court: assault, assault with a weapon, two counts of uttering threats, possession of a weapon for a dangerous purpose, breaching his probation conditions, intimidation and forcible confinement"

Just label him a dangerous offender and be done with it.

Up 49 Down 8

francias pillman on Dec 16, 2014 at 2:02 pm

My question is why the Star wastes so much time on this guy? Why?

Up 8 Down 29

mike madder on Dec 16, 2014 at 1:42 pm

One Hour- where was it you read his horrifying criminal past? Anyone who wants to read his personal past as you call it is free to do so at the court registry office, it's far from horrifying not sure what your motive for the comment is but be truthful at least. Mr. Nehass has far from a squeaky clean record but we have a lot worse monsters walking around in our communities then him who seem to attract very little if any attention and people who are reading about him please look at what hes been convicted of NOT CHARGED WITH. As for whether or not he is ready to be released into the general public, I agree he probably shouldn't be until he accepts the fact that he did choose his path and he is soley to blame for his behavior while incarcerated and although he has been mistreated, GIVES HIM NO RIGHT to victimize everyone he comes in contact with or blame the world for his problems.

Up 53 Down 7

One hour on Dec 15, 2014 at 7:06 pm

This guy is a walking time bomb.
Not everyone can be rehabilitated and this guy shouldn't be anywhere else but where he is. He didn't get there by accident, he is a man, he chose his path if you read about his criminal past it is truly horrifying.

Up 34 Down 15

June Jackson on Dec 15, 2014 at 2:56 pm

I would disagree with the Review Board. I do not believe this person to be mentally fit. Having been found fit, why is Nehass not getting the same leniency other criminals get?

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