BC masseur's sexual assault charges dropped in third loss for Crown

Crown prosecutors tried again to charge a former BC massage therapist with sexual assault, losing now for the third time. John Thomas Heintzelman was acquitted in provincial court, then brought back for a retrial more than two years ago. The second trial, however, was delayed and his charges were stayed. The Crown took it up with the BC Supreme Court, where a judge said there was no error in the last decision. Heintzelman's second time in provincial court went well beyond his right to a trial within a reasonable time, according to the decision. Justice Jennifer Power dismissed the appeal on Feb. 6. Heintzelman, who has never been licensed as a massage therapist in BC, was initially charged in July 2017 with a single count of sexual assault. A second charge was later added from another patient. One accused him of a 2013 sexual assault and the other claimed it took place in 2017 during a massage appointment. He was tried and acquitted on both counts. Crown succeeded in getting a retrial in provincial court in 2019. Lawyers returned to court multiple times for the second trial, beginning in early 2020. It ended with his conviction on both charges in December 2021, but it wasn't official until after Heintzelman's lawyer argued the trial was unnecessarily delayed. The provincial court judge ordered Heintzelman's charges be dropped in June 2022 after hearing from both sides. He found the trial itself should have been finished within 12 months, but it lasted more than 14. The Crown offered several reasons for the delays, including the COVID-19 pandemic not only delaying the courts generally, but also afflicting the Crown lawyer on the case. It wasn't enough to convince either judge. Justice Power agreed with the lower court judge, finding the majority of the delays were unreasonable. To contact a reporter for this story, email Levi Landry mailto:llandry@infonews.ca  or call 250-819-3723 or email the editor mailto:news@infonews.ca . You can also submit photos, videos or news tips to the newsroom mailto:tips@infonews.ca  and be entered to win a monthly prize draw. We welcome your comments and opinions on our stories but play nice. We won't censor or delete comments unless they contain off-topic statements or links, unnecessary vulgarity, false facts, spam or obviously fake profiles. If you have any concerns about what you see in comments, email the editor in the link above. SUBSCRIBE to our awesome newsletter here https://infotel.ca/newsletter .