Lee Marvin Payne will finish 25-month prison term in September
Lee Marvin Payne’s 25-month prison term finishes in September. — Telegram file photo
A man from Newfoundland and Labrador with a history of committing violent sexual assaults will be released from prison in September, but he will have several conditions to comply with as part of a long-term supervision order.
Lee Marvin Payne, who is in his late 30s and is originally from Cox’s Cove, has almost finished his full prison term of two years and three months. He was convicted in 2011 of sexually assaulting a 13-year-old girl in St. John’s.
During the incidents in question from 2009, Payne lured the girl to his apartment by offering cigarettes and money.
In January, the Parole Board of Canada decided it would not release Payne after he completed two-thirds of his sentence. Last week, the board decided to remove some special conditions previously imposed for his long-term supervision order, but it also imposed new conditions.
“The Board maintains the view that you have insight into your behaviour, know that is wrong and understand that your victims suffer as a result of your actions,” wrote the parole board in its decision dated July 17. “At the same time, you have demonstrated insight in the past, appeared to be engaged in your community correctional plan, only to quickly engage in serious deviant actions with severe consequences for your victim. The Board is not convinced you are able to manage your sexual urges or consistently use programming skills when faced with high risk situations with opportunity or temptation.”
Payne will begin a 180-day residency following his release from prison on Sept. 23, and his leave privileges will be monitored. He will not be allowed to leave his residency on weekends, and any other form of leave will be supervised by a person who is aware of Payne’s criminal past.
Amongst the conditions removed from Payne’s long-term supervision order is one requiring him to avoid any direct or indirect contact with females under the age of 16 unless supervised by a responsible adult approved by Correctional Service of Canada.
The board said this condition was not necessary given the other conditions in place relating to his leave from the residency. However, it has the right to re-examine the need for such a condition if his leave conditions change.
Payne will be prohibited from accessing any pornographic materials and will not be allowed to consume alcohol or use illegal drugs — the board noted his past offences have been aggravated by the use of them.
In 2001, Payne was sentenced to 5 1/2 years in jail for sexual assault and sexual assault causing bodily harm. The case involved multiple female victims in Ontario between the ages of nine and 58.
In one incident, involving an adolescent girl to whom he was a stranger, Payne exposed himself in public and masturbated before he grabbed, choked, punched and sexually assaulted the victim.
During a robbery in 1997, Payne exposed himself in public and assaulted a pregnant woman as she was leaving work, throwing her to the ground and choking the victim.
A psychological assessment conducted during Payne’s most recent stay in prison suggested he is at a high risk to reoffend, and the board said it “cannot disagree” with that opinion.
Another media story on this offender
ST. JOHN’S — A man with a history of sex crimes has admitted to having sex with an underage girl last year, but denies having any contact with her friend.
The trial for Lee Marvin Payne began Tuesday at Newfoundland Supreme Court in St. John’s.
The 35-year-old has pleaded guilty to one count of sexual assault against a 13-year-old girl and one count of failing to comply with a long-term supervision order that ordered him to report all contact with young females.
However, he’s pleaded not guilty to another count sexual assault against an 11-year-old girl, who was a friend of the first girl.
Payne was said to have committed the crimes between June 1 and Sept. 30 of last year.
Payne — who is originally from Cox’s Cove — told police he had intercourse with the first girl at his apartment on Hayward Avenue, in the centre of St. John’s, but he’s contesting allegations that he tried to kiss the other girl.
In fact, he claims that girl wasn’t even in his apartment.
In his statement to police, given shortly after he was arrested in September 2009, he said the first girl propositioned him for sex.
In the 19-minute statement, recorded at Her Majesty’s Penitentiary and played in court Tuesday, Payne told investigators: “I can’t deny that actually she’s been in my house, like said, I know this is all going to come back to bite me in the behind and so I’m probably going to plead guilty anyways …
“I can’t deny that I never slept with the girl, because, like I said, I did.”
Payne said, while on his way home from work one day last spring, the teenaged girl approached him in front of the Basilica Cathedral on Military Road, asking for a cigarette.
“I should have just kept on going me merry ole way,” he told officers.
He said the girl then asked where he lived and told him she would go home with him for $20.
“In fact, it startled me,” he said, “and I said, well, I think she kind of looked under age.”
He said she told him she was 15.
“I didn’t realize she was 13 until my parole officer told me.”
He said they went back to his house and had sex.
“(When she asked), I said ‘yeah, for sure.’ Like, I goes down on Church Hill and it costs me anywhere’s $30-$40 to go down there, so I jumped at the opportunity, even thinking she may be about 15.
“I knew I was still doing wrong, because 15 is still not a consenting age, but …”
He told the girl his name was Jack.
He figured the girl was poor and often slept with older men for money and, as a result, she wouldn’t tell police.
A couple of days after that visit, he said, she came back to his house and asked him again for cigarettes. He gave her cigarettes and $25 and she left.
Five or six days later, he said, she showed up again and asked to borrow $40. When he said he didn’t have it, he said she left.
The girl originally told police that Payne had threatened to kill her if she didn’t come back to his house with him, but RNC Const. Tammy Madden testified Tuesday the girl later recanted those allegations.
Payne said she probably made up the story “to cover up her running her little side operation” or to hide it from her mother.
When asked about the other girl, he said she was never in his house.
But that girl gave a different story when she took the stand.
She said she was inside his apartment twice last summer.
The first time, she was there with her two friends, including the first girl who claimed she was in a relationship with Payne. She said they only stayed five minutes.
The second time, she went with her friend because she didn’t want her there alone with him. She said her friend admitted to her that she was having sex with him.
When the two went inside, she said she sat on the arm of the couch and her friend went to the washroom. When she did, she said Payne came over on the couch, put his arm around her neck and told her to lean ahead a little.
It was then, she said, he tried to kiss her.
“I said no and I leaned back,” she testified.
Seconds later, her friend came out of the bathroom. She told her friend that he had tried to kiss her.
“She told him I wasn’t ready,” the girl testified. “Jack said I was missing out on all the fun.”
The girls left minutes later.
“Did you want Jack to kiss you?” Crown prosecutor Lloyd Strickland asked her.
“No,” she replied.
Defence lawyer Lori Marshall is expected to cross-examine the girl today.
The trial is scheduled to continue the rest of the week.
Payne, who has been in custody since his arrest, has a lengthy history with the law.
In the late 1990s he was sentenced to 5 1/2 years in jail for sexually assaulting 17 females between the ages of nine and 58 while living in Ontario.
In Payne’s court appearance in June, Strickland told the court the Crown may file a dangerous offender application. A person with that designation may be jailed for an indeterminate period of time, no matter what his sentence.