SOUTH DELTA LEADER FRIDAY NOVEMBER november 12 2010
Middelaers, grandparents read out victim impact statements TRACY HOLMES BLACK PRESS
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mother and grandmother recalled their pain dealing with the death of four-year-old Alexa Middelaer, at a sentencing hearing Monday for the impaired driver who killed her. Prosecutors asked Surrey Provincial Court Monday morning (Nov. 8) to sentence Carol Berner, 58, to three to five years in prison. The defence asked for no jail time. Immediately after Berner's own statement in the late afternoon—in which she apologized to Alexa's family and said she will never drink and never drive again— she suffered what appeared to be a panic attack, and the court was adjourned while first-aid attendants were called. Judge Peder Gulbransen had announced shortly before Berner stood that he would reserve judgment until today (Nov. 12). About 60 spectators attended Monday's sentencing hearing, many of whom were wearing purple, including Surrey Mayor Dianne Watts, whose children attended Southridge School, where Alexa's mother is a principal. In late July, Gulbransen declared Berner guilty of two counts of dangerous driving causing death and bodily harm, and two counts of impaired driving causing death and bodily harm, in connection with the May 2008 tragedy in Ladner. As the sentencing hearing began this week, Crown prosecutor Kim Wendel asked the court to sentence Berner to three to five years for each of the four counts, to be served concurrently.
The maximum penalty for impaired driving causing death is life imprisonment. Wendel also asked that Berner be prohibited from driving for five to seven years and that she be required to submit a DNA sample. She said aggravating factors included that Berner had made a deliberate decision to drive after consuming alcohol and a deliberate decision to speed. Mitigating factors, Wendel said, included that Berner had no prior criminal record, had a limited motor-vehicle record and was a "productive and contributing member of society for most of her adult life." Wendel noted Berner had yet to show remorse or recognize what factors her action played in Alexa's death. Six victim impact statements were heard, including two from Alexa's mother Laurel, representing both herself and 10-year-old son Christian. Laurel Middelaer told the hearing that she is still haunted by her memories of the crash scene near their Ladner home, and that she feels she had abandoned her son when they arrived at the site and saw Alexa. "His biggest issue that he had to overcome was that his mommy ran from him in the midst of the worst carnage he's ever seen," the mother said. Other speakers included two who were injured in the crash—Alexa's paternal grandfather John Middelaer and aunt Daphne Johanson—as well as father Michael Middelaer and maternal grandmother Lyla Stevens from Calgary. Stevens told the hearing of how Alexa was declared brain-dead on arrival at B.C. Children's Hospital, and how her daughter had asked to hold the tot
›INBRIEF One of Delta’s larger than life figures will be remembered today (Nov. 12). Former newspaper man Edgar Clesson Dunning, who passed away Oct. 23 just a few months short of his 101st birthday, will be celebrated at the South Delta Baptist Church in Tsawwassen. Dunning’s contributions to Delta are significant and far-reaching. In honour of his outstanding service and historical ties to Delta, the new Delta Archives facility currently under construction at the former Courthouse and bear his name, will include the Edgar Dunning Reading Room. Dunning’s lifelong dedication to the betterment, heritage and preservation of Delta is remarkable—a legacy that will always be remembered, stated a Corporation of Delta press release.
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Convicted impaired driver Carol Berner (centre) consults with her lawyer David Tarnow (left) at Surrey Provincial Court Monday. Evan Seal photo has already been punished by the after her organs had been harvested. "To see my baby holding her dead media and public. "She's been the victim of this outbaby, lamenting 'my baby, my baby,' rageous vilification of this offence," was the saddest thing," Stevens said. Berner cried as she left the court- Tarnow told the hearing. "Miss Berner has paid, and will room during the lunchtime break. Her niece, Kendra Voth, spoke as continue to pay, a very dear price for what occurred on May 17, a character reference for 2008." her aunt, saying that prior Ta r n ow a s k e d Gu l to the incident Berner was [more-online bransen for "restraint" in "a humble, gentle, loving, caring and kind woman." www.southdeltaleader.com sentencing Berner. "This lady should not be "She just completely fell apart at the seams," Voth said. "She going to jail," he said. In late July Gulbransen ruled that couldn't bear living with what she'd done . . . She does take responsibility. evidence presented during the trial showed Berner was driving well over She does." The defence presented 17 character the speed limit and that while her blood-alcohol level might not have witness letters to the court. Berner shook when she stood and been over the legal limit, she was faced Alexa's family when it was her turn nonetheless impaired. For more on this story, visit southto speak. She apologized and said she has deltaleader.com and click on the quit drinking and stopped driving. Both Voth and Tarnow said Berner 'News' tab.
Second tampered candy case
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Delta Police received a second report of a dangerous item found in a Halloween treat. On Nov. 4, a 12-year-old Ladner boy was eating a small Crispy Crunch and discovered a steel needle had been inserted into the chocolate bar. Delta Police are reminding people once again to be cautious when eating Halloween candy. "All Halloween candy wrapped or not, should be inspected prior to being consumed," said Acting Sgt. Paul Eisenzimmer in a media release. The boy and five of his friends trick-or-treated in the neighbourhood near Leslie Park in Ladner, visiting houses on several streets in the area. On Nov. 1 a 21-year-old woman reported she found a small metal box-cutter blade inside a chocolate bar after taking children trick or treating in Tsawwassen. —Kristine Salzmann
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Berner to be sentenced today
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Niece shares Berner's apology
The day after Carol Berner apologized to the family of fouryear-old Alexa Middelaer at Monday's sentencing hearing for impaired driving causing death, Berner's niece, Kendra Voth, issued a statement: "I am the niece of Carol Berner and wanted to release Carol's official remorse [more-online letter to the public. Carol has been silently mourning for so long and hopes to find a www.southdeltaleader.com way to make a difference in the community by sharing her experience . . . She spiraled into a very severe panic attack to the point of seizing, once she finished addressing Alexa's family. It's shameful to think that this woman is not living in anguish daily having to live with the horrific consequences of her actions." For Berner's letter to the Middelaers, visit southdeltaleader. com and click on the 'News' tab.
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