Nov 04, 2014 - 'TODAY IS NOT ABOUT CAROL BERNER': ALEXA MIDDELAER'S FAMILY STILL FIGHTING FOR TOUGHER SENTENCING AS DRIVER THAT KILLED DAUGHTER IS RELEASED


The family of Alexa Middelaer hopes the woman responsible for the four-year-old Delta girl’s death will choose to have a positive impact on the community now that she is out of jail.

Carol Ann Berner, who was sentenced to a 2½ prison term for killing Alexa and injuring her aunt in a horrifying drunk-driving incident in 2003, was given statutory release on Tuesday after serving two-thirds of her sentence.

“Today is not about Carol Berner — as a family, we have come to a full understanding of Carol — our hope is that she now chooses to contribute to her community and family in a productive manner, hopefully surrounding herself with a peer group that will help her grow in character and strength,” said the Middelaer family in a written statement released by Alexa’s mother, Laurel Middelaer.

Instead, the family said it hopes Berner’s release can be an opportunity to examine the criminal justice system’s handling of impaired driving cases.

The family noted a 50 per cent reduction in impaired driving-related deaths since tougher legislation that imposed immediate penalties and roadside suspensions on impaired drivers — dubbed Alexa’s law — took effect September 2010. But those criminally charged for impaired driving causing injuries or death still get off too easy, and “still hear the silent and reluctant voice from the courtroom,” it said.

According to parole documents, the 62-year-old Berner is believed to be at low-risk to reoffend.

The risk factors that contributed to her offences included substance abuse, a lack of insight into her mental health issues and their link to alcohol, her attitude of minimizing her decision to drink and then get behind the wheel, and relationship and family issues.

Berner had completed programs while incarcerated, “however it is unclear what gains you made in addressing your risk areas,” said the parole board. She was released on a number of conditions, including abstaining from alcohol, avoiding drinking establishments, and getting treatment for substance abuse. These conditions will continue until Sept. 3, 2015 when her sentence expires.

Berner is also forbidden to have any contact with Alexa’s family or her aunt, Daphne Johanson.

It is not known where Berner will live after her release.

Berner was found guilty in 2010 of impaired driving causing death, impaired driving causing bodily harm, dangerous driving causing death, and dangerous driving causing bodily harm after her Oldsmobile veered off a rural Delta road on May 17, 2008 and plowed into Alexa and Johanson, who were feeding a horse at the side of the road.

Berner appealed her conviction and sentence in the B.C. Court of Appeal and to the Supreme Court of Canada.

When her third appeal was dismissed by the B.C. Court of Appeal in March 2013, Berner, who had been on bail for all but two weeks since the charges were laid, started serving her jail term.

At that time, Alexa’s father Michael Middelaer noted the entire process had taken five years, longer than his daughter had lived.

Source: The Province


Last updated on: 2014-11-19 | Link to this post