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Crown seeks life for Alberta rapist who posed as Mountie

Stephane Massinon, Calgary Herald

Published: Friday, November 06, 2009

RED DEER, Alta. - An Alberta man who posed as an RCMP officer to kidnap and rape a teenager should be sentenced to life in prison, say Crown prosecutors.

At Gerard John Baumgarte's sentencing hearing Thursday in Red Deer, the Crown said it is seeking life imprisonment for the man who pleaded guilty to kidnapping a Penhold, Alta., teenager and holding her captive for 46 hours, while he blindfolded, threatened, cut and repeatedly sexually assaulted her in his mobile home last February.

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"We have a major sexual assault that took place, and he should be sentenced accordingly," prosecutor Orest Yereniuk told court.

If sentenced to life, the earliest he could apply for parole would be seven years. However, the Crown could ask for parole eligibility to be pushed further back when sentencing arguments finish.

Baumgarte, 57, has admitted he equipped his car with flashing lights and dressed like a police officer. He said he had been fantasizing about kidnapping and raping someone.

Baumgarte pleaded guilty Tuesday to six charges, including kidnapping, unlawful confinement, sexual assault, personating a police officer, using an imitation firearm to kidnap, and assault with a weapon.

The victim's father said the family knew from the start that prosecutors would seek the maximum sentence of life.

"It's not even close from enough," said the man, who cannot be named because doing so would identify his daughter.

As they left the courtroom Thursday, the victim's supporters were disappointed the case would again be delayed, this time because the defence lawyer successfully argued that a psychological report on Baumgarte was done on the wrong basis.

The judge agreed, and ordered additional testing.

The new report is scheduled to reach court by the end of November for sentencing Dec. 7.

Defence lawyer Patty MacNaughton will make her sentence recommendation next month.

smassinon@theherald.canwest.com



 
 
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