This article was originally published on www.TorontoSun.com Wednesday December 11, 2013
Wed. Dec. 11, 2013
By Sam Pazzano
TORONTO – A single mom was accused of “absolutely fabricating” a sexual assault allegation against foot fetishist Michael James Fells because he dumped her, a Superior Court heard Wednesday.
Defence lawyer Margaret Bojanowska suggested the 21-year-old mother of three “transformed her consensual sexual encounter with Fells into an allegation” almost two years ago after she realized that Fells was already romantically involved with her best friend.
“You are very wrong,” snapped the angry witness. She insisted she never had any intimate union but a “friendship/older brother” relationship with Fells that included some flirting.
A series of text messages between the witness and Fells in the days leading up to the alleged Jan. 10, 2012, sex assault — but before she discovered Fells was also pursuing a relationship with her best friend — shows she was pursuing the relationship, Bojanowska argued.
“Yo (witness’ name) no hard feelings, but we are done,” Fells texted her on Jan. 8, 2012, court heard.
“He’s breaking up with you and then you responded with an angry text ‘You wasted my f—ing time,’” Bojanowska said.
The witness admitted all the gushing, loving references ended abruptly two days before she alleged Fells assaulted her.
She testified she stormed out afterwards and then, after discovering Fells’s prior convictions, decided to press charges.
Bojanowska suggested the witness didn’t report Fells to the police until Jan. 12, 2012, after she learned that he and her best friend were a couple. The witness denied it.
The witness also testified she could have roused her sleeping girlfriend in the bed beside them or two other women sleeping in the living room if she wanted to stop Fells’s fetish action.
Fells is accused of sexually assaulting this Toronto woman and then a nine-year-old girl in London a few days later.
Fells, 31, has pleaded not guilty to all 12 charges. He also allegedly violated court orders prohibiting him from representing himself as someone with a degree in massage therapy, training for massage or touching a woman’s feet without her or a probation officer’s consent.
A publication ban was imposed on the complainants’ identities.
The witness and her best friend racked up $2,700 in phone charges chatting up Fells while he was serving time in the Penetanguishene jail for similar offences in Hamilton.
The witness was introduced on the phone to Fells by her child’s father, a fellow prison inmate, and she knew Fells was serving time for sexual offences, court heard.
The trial resumes Thursday.Media