Thunder Bay police sergeant's trial: What we've heard so far in the obstruction, breach of trust case
Staff Sgt. Michael Dimini has pleaded not guilty in relation to 2020 arrest in apartment
The weeks-long trial of Thunder Bay Police Service (TBPS) Staff Sgt. Michael Dimini has focused heavily on whether or not he had reasonable grounds to enter an apartment where police made arrests on Nov. 24, 2020.
Dimini faces obstruction of justice and breach of trust charges. The Crown's theory is that Dimini showed up unannounced while four other officers were outside a Frederica Street apartment to retrieve a stolen TV that belonged to Dimini's then father-in-law, and the sergeant then entered without a warrant. Dimini has maintained his innocence and pleaded not guilty to both charges.
But now the trial, which is being held in the Ontario Court of Justice in the northwest, has been put over until July, after a newly agreed statement of facts between the Crown and the defence showed Dimini changed a report about what happened that night.
Several witnesses called by the Crown so far include three other Thunder Bay police officers who were responded to the apartment that night.
Issue of entering apartment with no warrant
Dimini said in occurrence reports at the time that police entered the residence after seeing Derrick Turner, who was wanted on a warrant, carrying a stolen TV in the building. Witnesses called by the Crown, including retired TBPS constable Kelly Walsh, testified they didn't see Turner with the TV outside the apartment.
Several other constables testified they didn't think Dimini had reasonable grounds to enter the apartment without a warrant.
In one occurrence report written by Dimini at the time, the staff sergeant said police had the authority to enter the apartment, "as it was in fresh pursuit of [Derrick] Turner, who was in possession of stolen property." Once inside, police arrested Turner, who was wanted on an outstanding warrant and was believed to be linked to the drug trade. The charge against Turner was ultimately withdrawn by the Crown.
But the Crown presented evidence that contradicted whether Turner was the person police viewed outside the apartment.
Security footage played at the trial showed a woman holding a TV in the apartment stairwell.
'Absolute chaos' after officer went into unit
In his testimony, Walsh said he saw a woman carrying a TV inside the building.
He told the court he didn't believe police had reasonable grounds to enter the apartment without a warrant. Walsh also alleged that Dimini's report detailing the events was fabricated.
Sgt. Ian West, another constable who responded to the scene that night, also testified.
"I didn't believe we had any authority to enter that residence," West said, adding he didn't have reasonable grounds to believe there were other people inside the apartment.
There was also testimony from Clody Marson, Dimini's former father-in-law from whom the TV was stolen.
In a recording of a call to TBPS dispatch that was played during the trial, Marson said a TV and tools were stolen from his shed overnight, and that he found the TV was then posted on Facebook marketplace. Marson told the dispatcher that Dimini is his son-in-law, and that he advised them to report the theft and get an officer to accompany them to meet the seller in an attempt to get the TV back.
In his testimony, Marson referred to Dimini as "the guy that saved my life," and expressed gratitude that Dimini and other officers were present at the apartment.
"If I had went there by myself, I might not have come out of that building," he said.
One of the people who was arrested at the apartment, Cassandra Stachiw, also testified, on the second day of the trial.
Stachiw said she was the person who brought the TV down the apartment stairs. She said she was in an abusive relationship with Turner at the time and that he had moved multiple people involved in the drug trade into her apartment without her consent. Stachiw said she and Turner had purchased the TV for $20 from two homeless people who had claimed to have obtained it from a family member. She said she and Turner posted it for resale on Facebook marketplace using their shared cellphone and that Turner handled communication with the prospective buyers.
Strachiw said she had already taken the TV out of the apartment and placed it on the ground in front of the officers when another "big officer" arrived who insisted on being let into her apartment.
"The police officer that was talking to me said either I was gonna move or they were gonna move me," Stachiw testified. She said the officer went into her apartment and the situation became "absolute chaos."
Stachiw said the larger officer who led the way into her apartment was angry and yelling.
"I was called every name in the book," she said.
The apartment was "absolutely trashed" after the arrests and subsequent struggle, said Stachiw. She testified the charges were later withdrawn and she has never been otherwise arrested or charged with any crime.
Dimini changed officer's report, new evidence suggests
New evidence that's been entered in court shows that after the Nov. 24 arrest, Dimini went into the TBPS computer system and changed another officer's report, adding information that closely aligned with the version of events in his own report.
These changes were found during an audit of Dimini's computer use, according to a second agreed statement of facts filed on June 6. The report, filed by Const. Kerry Dunning, never mentioned Turner and initially read: "Sergeant DIMINI then advised that police were entering the residence, and all officers entered behind Sergeant DIMINI. Officers did locate other persons inside of the apartment."
An audit of Dimini's computer use showed he made two updates to Dunning's report early on the morning of Nov. 29, 2020.
The updated version read: "Sergeant DIMINI then advised that police were entering the residenceas (sic) to check for wanted male Derek Turner, who was spotted walking down the staris (sic) with the tv originally. All officers entered behind Sergeant DIMINI. Officers did locate other persons inside of the apartment."
A report written by Dimini about the arrest was attached to the first agreed statement of facts previously submitted to the court. In the report, Dimini said police saw Turner carrying a TV on the building stairs and running into the apartment.
"Upon arrival police were on scene and had retrieved the stolen TV from [apartment] 14. This is after one of the officers observed Turner walking back up the stairs w/ the TV," read a photocopy of Dimini's handwritten notes that have been submitted to the court.
After being charged, Dimini was suspended with pay from the TBPS, as per the Police Services Act.
In the case of Turner, he's serving a life sentence for his involvement in the October 2021 murder of Jordan Lapointe at another residence on Frederica Street, according to court documents.
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