Police arrested and interviewed 66-year-old John Heintzelman, who had been running a massage studio out of his Victoria home, after a women filed a police report claiming she had been sexually assaulted by Heintzelman during a massage appointment. (Pixabay photo)

B.C. massage therapist acquitted of sexual assault

Judge unable to decide whom to believe, was ‘obliged to acquit Heintzelman’

A Victoria massage therapist has been acquitted of two counts of sexual assault after the judge was unable to decide whom to believe, the alleged victims, or the alleged attacker.

Police arrested and interviewed 66-year-old John Heintzelman on July 9, 2017, after a woman filed a police report claiming she had been sexually assaulted by Heintzelman during a massage appointment at his unlicensed Victoria home studio.

The Victoria Police Department published a post on Facebook on Oct. 20, 2017, with details about the case to seek additional victims.

RELATED: Rogue masseur arrested for sexual assault in Victoria

After seeing the police notice on Facebook on the day that it was posted, a second woman contacted the police with a complaint of sexual assault against Heintzelman that allegedly occurred in 2013.

“I suppressed it right away. I was worried that I would not be believed because of my mental health issues,” the woman said in a statement to police on Nov. 2, 2017, answering the question to why she hadn’t reported the incident sooner.

Heintzelman denied that he touched either complainant in a sexual way.

In court, each of the witnesses “presented as eminently credible,” with Crown counsel submitting that, by reason of the similarity of their accounts, the evidence of each complainant is corroborative of the other.

However, provincial court Judge Ted Gouge ruled that the Facebook post the Victoria police had published to seek additional witnesses, tainted the ability to test the veracity of the second complaint that came forward. The post had included Heintzelman’s name and the address where the assault took place, things the police could have used in questioning to corroborate the accounts.

ALSO READ: More people come forward in Victoria sexual assault investigation

The judge also warned police that the publication of a notice containing the name of the suspect could prejudice the right of the accused to a fair trial, particularly where the accused elects trial by jury and may also unfairly damage the reputation and livelihood of the suspect if the allegation is unfounded.

After a careful consideration of all of the evidence, Judge Gouge ruled on Dec. 20 that he found himself in a position where he was unable to decide whom to believe, so was “obliged to acquit Mr. Heintzelman.”


 

keri.coles@blackpress.ca

Follow us on Instagram
Like us on Facebook and follow us on Twitter.

Just Posted

Surrey mayor says the RCMP has announced it will unionize

A spokeswoman for RCMP headquarters in Ottawa says it’s not yet a done deal

UPDATE: Surrey RCMP say missing three-year-old boy likely with his mother

Police appeal once again for information that will help them find Brycein Toane

Surrey man wanted on Canada-wide warrant for drug trafficking turns himself in

Police had issued a public appeal for information in mid-June

Cloverdale hockey player heads to World Cup in Czech Republic

Gavin Pooni, 15, will play for Team Canada West

Surrey brewpub’s 20th-year ‘Cask Off’ championship belt won by its head brewer

‘Jason’s Mimosa’ among crafty creations at annual competition

VIDEO: Clip of driver speeding past B.C. school bus alarms MLA

Laurie Throness of Chilliwack-Kent says he will lobby for better safety measures

B.C. Ferries vessel breaks down right before long weekend

Horseshoe Bay-Langdale route impacted most, revised schedule adds 4 a.m. sailings

Every situation is different, jurors hear at coroners inquest into Oak Bay teen’s overdose death

Pediatrician says involuntary treatment necessary following overdose, opioid use

Explicit sex-ed guide for adults mistakenly given to Creston elementary students

The booklet clearly states online and inside that the guide contains sexually explicit information

Driver has $240K McLaren impounded minutes after buying it in West Vancouver

Officers clocked the car travelling at 160 km/h along Highway 1 in a 90 km/h zone

Former Vernon Judo coach pleads guilty to child pornography charges

Bryan Jeffrey McLachlan is set to return to court Sept. 4 for sentencing

B.C. Olympic skier sues Alpine Canada after coach’s sex offences

Bertrand Charest was convicted in 2017 on 37 charges

Former Canucks goalie Roberto Luongo to retire

‘Bobby Lou’ calls it a career after 19 NHL seasons

Most Read