Pubdate: Fri, 26 Jan 2007
Source: Observer, The (CN SN)
Copyright: 2007 Carlyle Observer
Contact:  http://www.carlyleobserver.com/
Details: http://www.mapinc.org/media/2915
Author: Murray Mandryk

WALKER CASE TEACHES US TRAGEDY OF DRUG ABUSE

Before we get too carried away with the emotions that still seem to 
be swirling around the second-degree murder conviction of Yorkton 
father Kim Walker, maybe there are a couple things we need to think about.

First, it's always a mugs game to second-guess a jury because they 
enjoy a few advantages we don't have. Perhaps most critical in an 
emotionally charged case like the one in which Walker was convicted 
of murdering James Hayward is that it gets to do its job away from the emotion.

The first thing the judge did in this case is unburden the jury 
members from their personal feelings by specifically instructing them 
not to make their decision on emotion. Instead, they were told to 
evaluate the case only on the evidence heard.

Not only is this a fairer system of justice, but it also puts juries 
like the one in Yorkton at a tremendous advantage over the rest of us.

The notion of a father using the ultimate extreme measure to protect 
his 16-year-old daughter from her 24-year-old drug-dealing boyfriend 
is one that comes pre-wrapped in a lot of emotion for many of us. 
Added to this the never-ending opinions you hear on coffee row on 
what kind of person James Hayward was and the media coverage that 
often focused on Walker's adoring and supportive daughter Jadah. This 
makes it almost impossible for the rest of us to look at the case 
dispassionately.

Second, the 12 members of that Yorkton jury heard all the testimony. 
You or I didn't. That, alone, put them in the best position to make 
the right the decision.

Third, much is being made of the judge's charge to the jury in which 
Justice Jennifer Pritchard suggested acquittal is not an option. Her 
suggestion that the jury had to find Walker guilty of either first or 
second-degree murder or manslaughter will be grounds for appeal.

But the very fact that this objective jury found Walker guilty of 
second-degree murder, a conviction that implies there was some level 
of premeditation in his actions, may tell us something. By rejecting 
the notion that Walker's actions was neither pre-planned first-degree 
murder nor an accidental manslaughter, it appears this jury was able 
to reach a conclusion on its own.

However, it's important to get past the emotions of this horrible 
case simply because we need to be focus on the underlying realities 
of drug addiction.

Clearly, what Kim Walker's case shows us that intervention needs to 
occur long before spirals down to an emotional state of absolute 
desperation. As the judge told Walker after the jury decision: "You 
were a desperate man. In saving your daughter, you wrongfully and 
unnecessarily took the life of another human being."

And the problem may be the belief in some rural communities that this 
couldn't or isn't happening in their town. There may still be a naive 
belief that they are safe from the hard addictive drugs at the root 
of this sad story. But as Jadah Walker said in one of her many 
interviews, you can get any drug you want in a community like Yorkton.

Communities must be vigilant. But with so much of the debate focusing 
on the emotional issue of what, if any, punishment Walker deserves, 
that message might be lost. In the wake of tragedy, we truly need to 
refocus on the drug problem in smaller communities. As the Walker 
case showed ignoring it or overlooking until it's too late can result 
in tragedy.

In fact, Jadah Walker may have summed it up best.

"I don't want a situation like this to happen to anyone else," Jadah 
Walker told James Wood of the Saskatoon StarPhoenix.

"You can never ever turn someone away   I would never have lived 
through this without the support of my parents."
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