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Woman angry after husband denied bail

March 3, 2010 Belleville Intelligencer

While one Tyendinaga Mohawk wife celebrated the release of her husband from jail, another watched her partner return to lockup in shackles.

Lisa-Marie Kloetstra could barely express her emotions Tuesday after her husband, Charles Kloetstra, was denied bail when he appeared in Belleville court.

"This is crap," she said outside the court. "His family lives there. There's no reason he can't come home."

After Justice of the Peace Jack Chiang issued his order, a man among the large contingent of Mohawks inside the courtroom yelled "lets go to war!" But, Kloetstra left the courtroom quietly, a stark contrast to his Monday court appearance where he argued with Justice of the Peace Deanna Chapelle about his arrest.

Kathy Baptiste was in a much better mood after her husband, veteran Mohawk protester Mario Baptiste, was granted a conditional release just minutes before Kloetstra's appearance.

Baptiste was released on a $1,000 non-deposit bond for both him and his surety. Baptiste listened intently inside the prisoner's box as Chiang ordered him not to possess any firearms or cross bows. He's also banned from having any prohibited weapons along with ammunition or explosive devices. Baptiste is scheduled to appear in a Belleville court March 11.

Charles Kloetstra was charged for breaking a probation order to refrain from visiting the Tyendinaga Mohawk Territory, where his wife and four children reside. Lisa-Marie said the judge made a poor decision when he choose not to release her husband on the grounds that he needs to find another address to reside that's not on the territory.

"Why are they breaking up a family?" she asked.

Lisa-Marie Kloetstra said she's now left with the task of finding another surety who doesn't live on the territory to vouch for her husband at his Thursday court appearance by video.

There was a heavy police presence at the courthouse Tuesday. Officers patted down everyone entering the courtroom where both men where appearing for bail hearings.

When one court spectator enquired why such a search was required, an officer replied, "for public safety." The police presence was matched by a riled-up crowd who interrupted the court proceedings several times by yelling. Mohawk protestor Shawn Brant described the police presence as an example of the prejudice faced by people living on the reserve.

"The police presence is an indication of the mood on the reserve," he said. "People are upset about this."

He said it's unfair for the Mohawk Band Council to revoke Kloetstra's right to visit the home of his family. He said the band council has the authority to allow Kloetstra back into the community and until they do so, justice will not be realized. Brant called the court proceedings a "shallow victory."

"We're happy to have an elder, respected member of the Mohawk community out of jail," he said about Baptiste's release.

A statement issued by Tyendinaga Mohawk Police, reports a man came to the band police station Monday morning to complain about the arrest of Charles Kloetstra earlier the same day.

During the man's conversation with a police officer at the station, the report said, he "threatened the life of an officer" and, before leaving the area, "displayed a firearm." The Belleville police service arrested the man at the Belleville court on Victoria Street after hearing a police broadcast.

Though the police report did not identify the man, Tyendinaga residents who were at the courthouse at the time of the arrest identified the man as Baptiste. Brant said Baptiste was at the court house to attend Kloetstra's Monday bail hearing when the Belleville tactical team arrested Baptiste. Brant said the arrest of both men was unnecessary. Kloetstra had been arrested last month and was held "for eight days waiting for a bail hearing," before the charges were dropped Friday and he was released from custody. However, due to previous charges, Kloetstra had conditions not to be on the reserve and was arrested by Tyendinaga police early Monday.