Attorneys say that 90 year old Peter Kaczmarczyk, who is both a Jewish-Polish Veteran of the Second World War and a retired cab driver, was already an old man when he won nearly $8 million in the lottery in 2010.
According to Kaczmarczyk, he had been buying lottery tickets with his regular coffee shop waitress, Krystyna Skwira, 52, with whom he split the winnings.
“Krystyna didn’t believe that we were going to win, but we did,” Kaczmarczyk said in a press release at the time of the winning.
It sounds similar to the 1994 movie “It Could Happen to You”, which was based upon a true story, this sort of scenario led to romance between the two winners, played by Nicolas Cage and Bridget Fonda.
However the reality is behind the curtains, Kaczmarczyk is actually a dirty old man with a dark history turned more into the movie “Hounddog” starring Dakota Fanning for the victim of his crimes against children.
Prosecutors say that Kaczmarczyk’s crimes were horrific, which led to his prosecution on multiple charges of child rape, after a woman claimed to recognize him as her childhood tormentor.
However Kaczmarczyk is now instead playing the victim, what some would say are “typical tricks”, from a pedophile accused of sexually assaulting a child.
His claim is that he is terminally ill, and unable to attend his own trial, which was supposed to have started this week. His lawyer told a judge “it would probably kill him” according to court records.
The story goes back to when he won lottery prize in 2010, a now 65 year old woman recognized Kaczmarczyk’s picture on the lottery website, and then layer went to police.
This was her mother’s former boyfriend when she was a child, according to the court records.
She said for years Kaczmarczyk sexually assaulted her dating back in the 1950s and ’60s, before she ran away from home as a result of the abuses.
At the time of the alleged assaults, Kaczmarczyk would have been between the ages of 29 and 41.
The victim however claims that she was raped repeatedly beginning at the age of four and at the latest before she ran away she was sixteen.
Three years after she first went to police which was back in 2013, Prosecutors charged Kaczmarczyk with four counts of rape and of sexual intercourse with a person not his wife under the age of 14, occurring between the years 1956 and 1968.
Soon thereafter Kaczmarczyk began claiming his terminal illness, and multiple trial dates were missed for medical reasons.
By the time of the latest trial date which was set in June of last year, Kaczmarczyk was in increasingly poor health, according to his lawyer, Ron Palleschi.
Over the past few months the trial has been postponed at least four times, once because Kaczmarczyk, who is now aged 90, had food poisoning.
Today was supposed to be another trial date, but of course his attorney Palleschi said he is being treated in Durham region for half a dozen separate illnesses.
“It looks like he’s getting worse,” Palleschi told Superior Court Judge Carole Brown, as he asked for, and then received, yet another adjournment of the case. This time it will be delayed until October.
Palleschi described the man's illnesses, citing correspondence with Kaczmarczyk’s doctors, saying that “he has leukemia, dementia, and has had a heart attack, with the cumulative effect that if he were exposed to the stress of a trial, he is likely to have another heart attack or suffer sudden death or catastrophic stroke”, according to the courts.
He then went on to have described Kaczmarczyk’s ailments as “very serious, not an effort to stall or delay the inevitable”, but he “didn’t go to a walk-in clinic and get a note on a prescription pad, your Honor,” Palleschi said.
The Prosecutor in the case, John Flaherty, said, “The situation is wholly unsatisfactory, with a serious criminal prosecution being stalled by hearsay and generalized suggestions, buttressed by a family physician’s letter.”
“The trial should proceed tomorrow morning,” he said. When it became clear it would not, he loudly whispered to the police officer sitting beside him at the Crown’s table, “This is an outrage.”
Judge Brown said she was “chagrined that we cannot proceed,” but then later acknowledged Kaczmarczyk’s “significant and severe” medical problems, and granted an adjournment until late October, when there is now set to be a second judicial pre-trial to try to sort it out.
<a href="http://archive.is/wuOfl">In an interview last year with Michele Mandel of the Toronto Sun</a>, the victim talked about her embarrassment and shame from the traumatic event:
<i>”She was checking her lotto numbers on the OLG website when she froze in disbelief.”</i>
<i>”There, in smiling color was Peter Kaczmarczyk, her late mother’s boyfriend who, she alleges, began raping her when she was just four years old. He was not only still alive after all these years, but the 82-year-old had just won $8 million in the lotto.”</i>
<i>“I sat there for I don’t know how long,” recalls D.E., who can’t be identified since she’s a complainant in a sexual assault case. “And then I acted. I thought, ‘You’re not getting away with this.’”</i>
<i>”For six decades, she had buried her horrific childhood. “I was too embarrassed, I was too ashamed.” A runaway at just 16, she married, had two daughters and then raised them on her own when her marriage ended.”</i>
<i>“You get too busy with life,” explains the 64-year-old bookkeeper. “You never forget but you don’t dwell on it, either.”</i>
<i>”It left her with physical injuries to this day. And it affected the way she parented her daughters. “I was super paranoid when I had my children. I told my girls when they were 10 that I was raped and that’s why I was so overprotective.”</i>
<i>”Years passed; She assumed he was dead. But the shock of seeing him again on that day in May, 2010, brought it all back to the fore. And so she picked up the phone and called the OPP in the small town where she now lives and told them she wanted to report a historical sexual assault. “Where do I start?” she asked. Eventually, she was directed to 14 Division in Toronto where she had lived with her mom and Kaczmarczyk.”</i>
<i>”The police investigation was lackadaisical at best, D.E. complains. “They came in with a predetermined feeling that I was only after his money.” But she hasn’t launched a civil suit against him; she wants to face him in criminal court. So she did her own detective work, gathering the medical records and anything else that could corroborate her case. In December, 2010, Kaczmarczyk was charged with four counts of intercourse with a female under 14.”</i>
Will she finally get justice for the rape that occurred at the hands of this man? Likely not, as even if he's convicted he's lived his life free from justice being served. However she may get the chance at some form of peace after a life of suffering.