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, who had been running a massage studio out of his Victoria home, on July 9, 2017, after a woman filed a police report claiming she had been sexually assaulted by Heintzelman during a massage appointment.

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

Chilliwack prolific offender wanted yet again

B.C.-wide warrant issued for David Allen Geoghegan

One man, two women charged with stolen pickup downtown Chilliwack

None of the three have criminal history in B.C.

Chilliwack-Hope MP says new summer jobs grant application no longer includes ‘values test’

Those with anti-abortion beliefs left out last year because of requirement to respect the Charter

Agassiz Community Gardens hoping to find new home at old McCaffrey school

The society has been looking for a new location since its previous gardens were sold in October

RCMP asking for public input in upper Fraser Valley

Chilliwack, Agassiz, Harrison and Hope residents can share their thoughts on local policing

VIDEO: U.S. Congress to probe whether Trump told lawyer Cohen to lie

At issue is a BuzzFeed News report that about negotiations over a Moscow real estate project

Rookie Demko backstops Canucks to 4-3 win over Sabres

Young Vancouver goalie makes 36 saves to turn away Buffalo

Charges upgraded against mother of murdered B.C. girl

Kerryann Lewis now faces first- rather than second-degree murder in the death of Aaliyah Rosa.

UPDATE: Injured firefighter in stable condition

Kelowna fire crews responded to a blaze at Pope’sGallery of BC Art & Photography on Friday

Book a ride on a driverless shuttle in Surrey or Vancouver

Automated vehicle demos are being offered, as the two cities plan pilot projects with the shuttles

Heavy snowfall expected on the Coquihalla

Snowfall warning in effect for the Coquihalla Highway, from Hope to Merritt

Rare ‘super blood wolf moon’ takes to the skies this Sunday

Celestial event happens only three times this century

Arrest made after historic B.C. church hit by arson

The fire at the 150-year-old Murray United Church in Merritt was considered a possible hate crime

Missing man from Crowsnest Pass could be in Lower Mainland

58-year-old Stuart David Duff was last seen on Jan. 6, 2019.

Most Read