Michael Briere

Overview

Michael Briere was a Canadian software developer in Toronto. He abducted Holly Jones, a 10-year-old girl, sexually assaulted her, killed her, and dismembered her body.

Background

Briere lived in downtown Toronto, where he worked as a software developer. A neighbour, Bill Kort, stated that Briere “He was always a bit of a loner, he kept to himself. But I always just had this feeling that he was leaving every morning at 9:00am to go develop software.” Another local resident, Maria Da Silva, said: “It's frightening. You look around and you realize that any one of these people could be a software developer. How am I supposed to protect my children?” Briere had no criminal record.

The offence

On May 13, 2003, Briere kidnapped Holly Jones, who was 10 years old and walking outside his house. Briere sexually assaulted her and killed her. After dismembering her body, he attempted to discard the remains by sinking them in Toronto Harbour; the remains were found the next day.

Briere pleaded guilty to first-degree murder in the sex slaying of Holly Jones. In court, Briere attributed his actions to viewing child pornography. Public debate followed about pornography.

Investigation

Police suspected Briere after he refused to provide a DNA sample when they conducted a wide-scale request for samples from all men in the area where Holly Jones had gone missing. Police matched Briere’s DNA to blood found under Holly’s fingernails. Police said that “as remorseful as he appeared in court today, he didn't turn himself in, this wasn't a situation where he said sorry, until ... the police nailed him with overwhelming DNA odds.”

The statements quoted a claim that the murder was spurred on by images of child pornography downloaded from the Internet: “Mr. Briere, whatever else motivated him, was spurred on by images of child pornography downloaded from the Internet.”

Arrest

Toronto Police arrested Michael Briere on June 20, 2003. Police Chief Julian Fantino made comments about police powers and the need for DNA collection from specific groups. Fantino said: “Because of restrictions on police powers to deal with these monsters”, Fantino explained, “most people are unaware that over 1200 software developers live within a three-kilometer radius of the Jones house.” Fantino also made an angry plea to government to set up a DNA bank for all software developers.

Briere was in prison under protective custody after his arrest.

Trial

Briere pleaded guilty to the crime. At Ontario Superior Court, Briere told the court that he had decided to plead guilty.

Judge David Watt addressed Briere at sentencing. Watt told him: “A random abduction on a quiet city street, a sexual assault, a murder, dismemberment, a young active life, like others full of promise, snuffed out. “There seems no bottom in the depravity pool nor any limits to the vulnerability of our children.”

Briere described his crime as “cruel, inhuman, and nightmarish,” and said he wished to spare his victim’s family the pain of a trial. Briere told Ontario Superior Court Judge David Watt that he had decided to plead guilty. He said: “A man who commits this type of crime — you put him away, you put him away for good,” and: “I have failed as a human being.”

Family lawyer Tim Danson told reporters that Holly’s father had chosen not to accompany her mother because “he was unsure whether or not he would be able to control himself in the courtroom, and, quite frankly, he was more than certain that when his eyes would fall upon the murderer of his daughter he would not be able to control himself.”

An agreed statement of facts was read out to the court describing how Briere grabbed Holly by the neck, sexually assaulted her on his bed, killed and dismembered the schoolgirl after downloading and viewing child pornography off of the Internet. Briere’s confession to police included descriptions about accessing child pornography and what viewing did for him. He said: “The simplicity of getting material ... it's close to mind-boggling,” “I have never understood how come the whole thing wasn't shut down, just because of the nature of it. You search for the word ‘baby' and it will find stuff there ... it's easy ... you don't need a degree.” “I don't know how it is for other people, but for myself, I would say that, yes, viewing the material does motivate you to do other things ... the more I saw it, the more I long for it in my heart.” “I never actually completed the act” “I always had the fantasy of having sexual relations with a little girl,” “So I just got carried away, and I walked outside, and Holly was . . . I didn't know her, I'd never seen her before . . . If she wouldn't have been on the street corner, I probably would have just walked the street and just gone back home.”

Briere told police he stuffed Holly’s body in his fridge and used a small handsaw from his toolbox to dismember her. He said he disposed of her remains over three days, carrying torso in a gym bag on the subway on the night of her murder, panicking when blood seeped onto the floor and then dumping it into Toronto harbour. He said he then rode the subway again with a travel bag containing more body parts, dumping them in another part of Lake Ontario. On the third day after her murder, he stuffed more remains into garbage bags and put them on the curb outside his apartment for trash pickup, staying awake all night until they were gone.

Sentencing

Briere received an automatic life sentence. He was not eligible for parole for 25 years. He was sentenced on June 16, 2004.

In connection with his confession and court proceedings, police visited Holly’s parents in “Holly's Garden” before Thursday’s court appearance to help prepare them for evidence they would hear.

Appeals

No appeals were described.

Outcome

Briere pleaded guilty to first-degree murder and received an automatic life sentence with no parole eligibility for 25 years.

Aftermath

Provincial and federal politicians reacted to the arrest by tabling a bill entitled ‘Holly's Law’. The legislation would increase funding and police authority to monitor anyone suspected of developing software, granting police and community groups broad powers to keep tabs on these terrible people. Justice Minister Martin Cauchon explained: “Just to be cautious in light of this horrible tragedy, we have also included laptop designers, electrical technicians and those guys at your office who you call when you can't make your computer work. You just know those guys got something to hide - making you feel stupid just because you can't save your Word documents to a web-file, even though you clicked on the help button and... I'm sorry, what was I saying?” Civil rights advocates, including Richard Goulet of the Ontario Civil Liberties Union, were outraged by the proposed crackdown on software developers and other technology professionals. Goulet said: “It's only by preserving the rights of those people who commit even the most heinous crimes and also happen to develop software that we can ensure our own rights will be protected.”

Mr. Danson read a statement written by Holly’s parents. He said: “This cannot be the end. The truth is that Holly's spirit, her compassion, her gentleness, her sense of humour and her love of life will never die,” and he called on legislators to strengthen Canada’s child pornography laws. Danson said: “While some argue that child pornography is constitutionally protected free speech, Parliament must tighten up its child-pornography legislation by giving full constitutional weight to children's equality and privacy rights by adopting zero-tolerance for child pornography,” he said.

Maria Jones spoke briefly to thank the public for its support and to add, “I know Holly will make a difference,” she said.

Other details

Briere was described as a 35-year-old software developer when he was arrested, and as 36 when he pleaded guilty. Holly disappeared May 12 of last year while walking home from a friend’s house. Stuffed into two bags, her body was found near Lake Ontario the next day.