Rape suspect still missing
KEITH COUSINS/kcousins@cdapress.com | Hagadone News Network | UPDATED 9 years, 5 months AGO
COEUR d'ALENE - Where in the world is Joshua MacKenzie?
MacKenzie, 27, was charged with two Kootenai County felonies in 2014: Rape and sexual battery committed by lewd or lascivious acts on a minor child 16 to 17 years of age. If he's found guilty of rape in district court, MacKenzie could face up to life in jail.
But since April, there has been an active warrant out for the Canadian man's arrest.
If he is in his hometown of Cochrane, Alberta, Kootenai County Prosecutor Barry McHugh told The Press Thursday that MacKenzie would first need to be arrested by Canadian law enforcement officers before his office can submit extradition paperwork.
"In this case, this is one that would not be a crime in Canada, so they will not allow extradition," McHugh said. "Sixteen is the age of consent in Canada."
The local warrant would remain active in case MacKenzie returns to the United States and is arrested, McHugh said.
MacKenzie was 26 when he reportedly drove from Alberta, Canada, to a Coeur d'Alene apartment complex, and allegedly picked up a 16-year-old girl. According to the court documents, the meeting - and the reported sexual encounter that occurred afterward - was the culmination of an online relationship spanning two years.
"Josh said he was kind of ashamed of (his alleged victim's) age, but said he wouldn't drive 10 hours for a booty call," a detective wrote in a report about his interview with MacKenzie. "He said he could find girls to sleep with in Canada if he wanted to."
Mackenzie was arrested on July 1 by the Coeur d'Alene Police Department, and arraigned on both felony charges in Kootenai County District Court the following day.
On April 28, a warrant was issued for MacKenzie's arrest because he had missed a court appearance the previous day. His father, Steve, was also given notice that the $30,000 he posted for his son's bail would be forfeited unless he turns MacKenzie in by Oct. 25.
The following month, MacKenzie's defense attorney, Michael Palmer, made a motion asking to be removed from his obligation to defend the man. During a May 20 hearing before Judge Steve Verby, Palmer said he believed his representation had been compromised by MacKenzie's father, who works as an attorney in Canada.
According to minutes from the hearing, Palmer told Verby that he had reached a resolution in the case during mediation with the prosecutor's office.
"I have no doubt that his father told him to take certain actions and sanctuary in Canada," Palmer said, according to the minutes.
Palmer's request to be relieved from representing MacKenzie was granted.
"He may be brought back at some time to stand before the court," Palmer said. "I hope this record reflects that."
On June 30, 2014, at 10:30 p.m., MacKenzie picked his alleged victim up and the two reportedly checked into a motel on Appleway Avenue.
The girl's mother told police she thought her daughter was camping with friends. However, at 2 a.m., the mom told police she received a phone call from a friend who had just seen the girl in downtown Coeur d'Alene.
After numerous attempts to contact the girl on her cellphone, the girl's mother was finally successful on Tuesday morning. Once she learned that her daughter was not camping and that instead she was with a man, according to court records she was able to get her daughter to return home with MacKenzie.
Once the duo arrived at the apartment, court records state the mother went into the bathroom and dialed 911. After police officers arrived at the apartment, they transported MacKenzie to the station for an interview, where he was later arrested.
ARTICLES BY KEITH COUSINS/KCOUSINS@CDAPRESS.COM
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