Joe Asks The Critical Question

How would you feel if it was your own daughter who was missing?

A knock on your civic rights?

Debate rages over cops' decision to search homes in bid for evidence in Makhniashvili case

By JOE WARMINGTON

"Expect a knock at your door."

-- Det.-Sgt. Dan Nealon

He captured everybody's attention with the above six words but veteran Toronto Police Det.-Sgt. Dan Nealon was not finished yet.

He told reporters, "We're also asking to be invited into your home just for a quick peek into areas of your home to ensure that there is no evidence, in relation to this case with respect to you, and we can move on."

Excuse me?

You want to knock on the door of people who have nothing to do with this other than the proximity of their residence, be "invited" in to take a "peek" for "evidence" before in essence clearing them?

Nealon, a former homicide cop who is now in 53 Division's major crime unit, called the move "unprecedented."

It's certainly unusual in our free society. Depending on who you talk with, it's either a brilliant investigative tactic by Toronto Police that will garner answers in a strange disappearance case or an outright trampling of people's civil liberties.

Bizarre twist

Either way it was a bizarre twist in what has been a beyond bizarre missing person's case of 18-year-old Mariam Makhniashvili.

"I think it's outrageous," said outspoken Toronto paralegal Harry Kopyto last night.

"It's police intrusion into the sanctity of people's homes. It's an effort to encroach upon our rights. It's a home invasion under the guise of doing good."

However, former homicide detective Mark Mendelson of Mendelson Consulting Inc. defended the approach, saying in some investigations police use tactics for information gathering or to speak "directly" to a potential suspect.

"We don't have all the information," Mendelson said.

"But it appears the problem is Danny Nealon is starting with a blank page. In other cases you have a body. In this one he doesn't know if this was an abduction, a murder, a death by misadventure or even a case of a person who has run away. So this is something he has to do."

Mendelson feels there is no trampling of rights because, as Nealon indicated, people have "the right" to not let police in.

But is this really the kind of request where you can say no? And if you do, what happens next?

The debate raged all day. And while there were some under their breath using terms like "jackboot justice" and "Big Brother bullying" most of the people I consulted were torn.

Those who live on or near Shallmar Blvd. did not seem concerned, saying they would work with police on this -- although several did have a caveat.

'Explanation'

"I would like an explanation before I let them in," said Katie Kraus, who with her husband, Jeremy, and 14-month-old daughter, Ella, live in the vicinity of this upcoming canvas.

"But we would be glad to help."

Lola Foster, a resident of the same building in which the Makhniashvili family also resides, said she too has "no problem" offering assistance.

However, Phillip Stone, who was in the building visiting a friend, called the police action "fuzzy" and "pretty drastic."

Kopyto agrees, saying what it does is get the public "accustomed" to this type of investigative style.

But Mendelson said police should do whatever measures they have to find this girl.

"They are just using every investigative tool in the tool box," Mendelson said.

"Sometimes people need a trigger to bring back information. You have to remember police are dealing with a girl who just seemed to vaporize. That does not happen without somebody seeing something and police are trying to stir up memories."

How they have chosen to proceed in this one is a good debate.

It's not clear-cut because you'd hate to think a person could be held prisoner and because of the charter ofrights and freedoms there is nothing police can do?

But at the same time do you like police randomly probing into people's lives who have absolutely no connection to a case?

The question for you is how do you feel about all of this? Before you answer here's another question.

How would you feel if it was your own daughter who was missing?

joe.warmington@sunmedia.ca