A 58-year-old Toronto man previously convicted of manslaughter who has been in jail since July 2018 while awaiting trial asked a Barrie judge on Wednesday to set him free while he waits for his day in court.
Carl Obermeier has been at Central North Correctional Centre (CNCC) since being charged with sexual assault and assault in Oro-Medonte Township 21 months ago.
His bail review took place over a phone conference, a virtual procedure that has transplanted physical hearings at courthouses across the province as a result of the COVID-19 health crisis.
Although Obermeier, who was able to participate from the Penetanguishene superjail, was 20 minutes late to the call, Justice Cary Boswell declared the overall process "very efficient." He said he would make his decision later in writing.
Obermeier had a trial date scheduled for April 27, but Ontario courts have suspended all trials in light of the current health crisis and the need for physical distancing.
His defence lawyer, Alison Craig, sought to have Obermeier released under a surety, but was challenged by Crown prosecutor Jennifer Armenise.
After the hearing, Craig said there has been a concerted effort to have those in jail to be released where appropriate.
"We all have concerns about people in custody given the COVID-19 crisis," she said, estimating she has about a dozen before the courts at various stages and "most have been successful."
With a capacity of 1,180, CNCC's population is down to 700, according to the province's solicitor general's office.
Eight inmates there who are nearing the end of their sentences have been released by the facility on longer term releases.
Across the province, a total of 25 have been released.
Intermittent offenders, who typically spend the week in jail, have also been given temporary absence permits.
Provincial officials were unable to say how many inmates have succeeded getting out earlier using what criminal lawyers are calling "COVID arguments."
Obermeier is no stranger to Canada's correctional institutions. He pleaded guilty to manslaughter in 2008 in connection with an attack in Scarborough two years earlier in the death of Todd McConnell. He also pleaded guilty to aggravated assault in connection with another man.
The 2006 attack occurred following a night of drinking, according to the judge's reasons for sentencing in that case. An altercation occurred and Obermeier retrieved a knife with a six-inch blade from between the mattresses in his bedroom.
He was handed a 10-year sentence for manslaughter and six years concurrently for aggravated assault, but received three years credit for the 18 months he spent in pre-sentence custody.
