Carol Berner being released on bail
Posted November 26, 2010 9:44 am.
This article is more than 5 years old.
VANCOUVER (NEWS1130) – The woman convicted of impaired driving causing the death of a toddler has been granted bail, after her lawyer filed an appeal of her prison sentence.
Carol Berner is being released on several conditions. She’s not to drive or drink, and she has to report to a bail supervisor. She must stay at her sister’s house on Vancouver Island until her appeal date in June 2011. Berner was sentenced to two and a half years in prison after being convicted of impaired and dangerous driving causing the death of four-year-old Alexa Middelaer in 2008.
The Middelaers aren’t surprised Berner was given bail, they’re more upset about a deeper moral issue.
Laurel Middelaer, Alexa’s mother, says, “Explain to me what responsibility looks like… When someone looks at a family in the eyes, and says, ‘I was responsible for what happened to your child. I did drink, I did drive, and I’m taking full responsibility for that.’ But in the next breath, they run and file an appeal to fight the charges to avoid the consequence.”
Berner’s lawyer Jason Tarnow says there are strong grounds to appeal the sentence. “The detention without her rights being read to her in the back of the police car… the other is the destruction of evidence… and the unavailability of the key witness who took measurements at the scene.”
Laurel Middelaer says she doesn’t doubt Berner’s right to appeal, but feels her reasons have already been dealt with for weeks in trial. She says her family will eventually take on the criminal justice system, because she thinks it caters to the rights of the accused. She adds appeal aside, a two and a half year sentence for the death of her daughter is far too light.
Berner says she wants to take full responsibility for her actions, but Middelaers say that shouldn’t come with an appeal. In reasons for granting Berner bail, the judge says she has a previously unblemished record. Tarnow tells us, “Ms. Berner never had a problem with the law in her life. She’s almost 60 years of age. She’s not deemed to be a problem while out on bail so the judge didn’t set any surety amounts.”
As for public shock over Berner getting out, Tarnow says, “Listen to the appeal. I can’t comment on the public’s outrage on this. That’s their point of view. We’re just doing what’s good for our client.”
