Criminal - The Midnight Slider

Episode Date: February 11, 2022

In 2013, a small boat called The Midnight Slider was found floating empty in the waters off of Isle Madame in Nova Scotia. "Murder is not something that occurs in this neck of the woods very often,..." says Jake Boudrot, editor of the The Reporter, "There's always been a tradition of taking care of families, watching out, looking out for one another."  Say hello on Twitter, Facebook and Instagram. Sign up for our occasional newsletter, The Accomplice. Follow the show and review us on Apple Podcasts: iTunes.com/CriminalShow. We also make This is Love and Phoebe Reads a Mystery. Artwork by Julienne Alexander. Check out our online shop.  Episode transcripts are posted on our website. Learn more about your ad choices. Visit podcastchoices.com/adchoices

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Starting point is 00:00:00 Support for Criminal comes from Apple Podcasts. Each month, Apple Podcasts highlights one series worth your attention, and they call these series essentials. This month, they recommend Wondery's Ghost Story, a seven-part series that follows journalist Tristan Redman as he tries to get to the bottom of a ghostly presence in his childhood home. His investigation takes him on a journey involving homicide detectives, ghost hunters, and even psychic mediums,
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Starting point is 00:01:03 That's BotoxCosmetic.com. That's BotoxCosmetic.com. Around here you know that you don't steal from lobster fishermen. You don't steal from any fishermen. And there are consequences. There's a small island in Canada, in Nova Scotia, called Isle-Madame, where fishermen are up and out on the ocean at 4 a.m. pulling up traps full of lobsters. Millions of dollars worth of lobster. You need a license to fish for them, and the licenses are very expensive.
Starting point is 00:01:35 Hundreds of thousands of dollars. Someone who has a license that can set 250 traps can stand to make close to $500,000 in the run of a year, give or take. It's quite lucrative, and a lot of people's livelihoods rely on that. And that's been really driving the economy and been the cornerstone of it for quite some time. Everybody knows somebody who's involved with lobsters. Oh, absolutely, yeah. They're either related or married into it, or they just know them, you know. Everybody knows who the lobster fishermen are. This is Jake Boudreaux.
Starting point is 00:02:15 He's the editor of The Reporter, a newspaper in Port Hawkesbury, Nova Scotia. He grew up on Isle Madame, and he says it's a place where many of the people that live there have been there a long time. There's always been that tradition of taking care of families, watching out, looking out for one another. You know, a lot of people are related. A lot of people grew up together. The year-round population of Isle Madame is around 4,000. When you look it up, you find that most people call it an idyllic place. Rocky coastlines, small harbors, lighthouses that have been called the prettiest in Canada.
Starting point is 00:02:55 Jake Boudreau says that despite all that, Isle-Madame doesn't get the summer tourist crowds like other parts of the coastline. Jake says people in Isle-Mad Madame are used to doing things for themselves. It's always been that way. You're a fisherman, but you also have the skills to fix your own boat, or be a carpenter as well. It's a do-it-yourself kind of ethos, he says. And he says that applies to everything, including handling disputes. He says people on Isle Madame don't trust the police much to help.
Starting point is 00:03:31 One morning in the summer of 2013, Jake received word that a boat had been found overturned. The boat was called the Midnight Slider, and everyone knew the man it belonged to. But he was nowhere to be found. I'm Phoebe Judge. This is Criminal. The Midnight Slider belonged to a 43-year-old man named Philip Boudreau. One man on the island said Midnight Slider was a good name for the boat and for Philip Boudreau because he was always out there somewhere, sliding around in the middle of the night, in the woods, on the water.
Starting point is 00:04:19 You never knew where. Jake Boudreau says everyone on the small island knew the name of Philip Boudreau. They're not related. Jake says there are a lot of Boudreaus on the island. An Isle Madame resident and journalist named Silver Donald Cameron interviewed a lot of people on the island. People who said they were happy to talk about Philip,
Starting point is 00:04:43 but didn't want their names used because it's such a small place. One person described him as a kind of Robin Hood, who'd help you get anything you needed. One said, quote, If I'd have told him that there was something I wanted, he would have went and stole it. Someone else said, you got better deals from Philip than you ever got from Walmart. And another person said, Philip would steal the beads off Christ's moccasins,
Starting point is 00:05:12 but then, if you needed them, he'd turn around and give them to you. People described him as a strange genius, and said, quote, that he figured out exactly where the holes were in the system. He didn't fall between the cracks. He lived in the cracks. There's a story about Philip Boudreau being chased by police and running right off the end of a dock and into the freezing cold water. He found some seaweed to hide under,
Starting point is 00:05:41 and when he had to come back up to get air, his middle finger came up first. Some people tried to help. People offered him jobs. One couple bought him a plane ticket to Calgary to start fresh, living and working with a family friend. But he just came back to Isle-ma-dam. Philip even stole from Jake Boudreau's family once. He stole their three-wheeler to go for a joyride and then just brought it back a while later. I didn't know Philip personally. I did have some brief interactions with him. I saw a mild-mannered side to him. But then, you know, you hear stories from other people of a not-so-mild side.
Starting point is 00:06:23 There seemed to be two sides to him, and he didn't seem to fit into any box. Philip Boudreau grew up on Isle-Madame. He was one of four kids. One of his teachers remembered that when he was little, about eight years old, there was a day when he kept falling asleep in class. She asked Philip if he was sick,
Starting point is 00:06:46 and he said that he hadn't gotten much sleep because it had been his turn to make sure the wood stove stayed lit all night. Teachers remember that he would sometimes come to school with his face cut or bruised. He eventually dropped out of school. I mean, he was known to make trouble in school and wasn't a great student. As far as the thefts and that, I wasn't aware of that as much then. It's something that became known as time went on, as we get into the 90s. There was more of that that went on. But the reputation, it doesn't take long to get out.
Starting point is 00:07:26 As he got older, he was in and out of jail. And while some people thought he was kind of funny, this Robin Hood figure, even sometimes letting him hide from police on their property, plenty of people on Isle Madame didn't find anything funny about any of it. People said he was a problem and a bully. No matter how many times he went to jail, he just kept coming back and he just kept stealing. I mean, there was a lot of people who, you know,
Starting point is 00:07:52 promised him that if he broke into their house that he wouldn't like what would happen. I mean, you can infer from that what you will. I know there was people who made specific threats that he would get shot if they showed up in his property or worse or I don't know worse than getting shot but uh or other consequences there were people who uh you know were not happy that you know he could steal from him or would or had and then there were others who you know kind of looked at in the context of you know his upbringing and that he did come from unfortunate circumstances. There was some pity for him and some people felt bad. It was a mixed bag. It just depends on the person. I know there's people who did catch him stealing or knew that it was him and went to his
Starting point is 00:08:42 house, picked him up and took him to where he stole or damaged and made him fix it or replace it, which he did. Oddly enough, he didn't even deny it and just went about and did what they told him to do. It's a mixed bag of tolerance, I guess, in that case. By the time Philip Boudreau was in his early 40s, his criminal record was 28 pages long, mostly breaking and entering and theft,
Starting point is 00:09:12 but also harassment and assault and making violent threats. He had threatened to sink people's boats and to burn down people's houses. Some people felt that it wasn't worth it to report Philip to the police in the first place. If you reported him, he'd find out who made the complaint, and as one person put it, once Philip found out it was you,
Starting point is 00:09:36 he'd come back to your house and do $10,000 worth of damage. The police wouldn't catch him, and you'd have to pay for the repairs. Someone else said that he was simply a fact of life, and you dealt with him as best you could. And when lobsters went missing from lobstermen's traps on Isle Madame, people had a pretty good idea of who might be stealing them. Philip would go out late at night and go in his aluminum boat with an outboard motor on the back.
Starting point is 00:10:07 And he would go from trap to trap, pull up the traps, take the lobsters out, either all or some, and put them back. Now, sometimes he would do that and then cut the trap, which meant that that trap and what was in there was lost for good. Unless he could find maybe someone to go down there and dive and find it. So, you know, the theft of the lobster is probably not as bad as cutting the trap and then having that trap lost forever. And it was, you know, it was quite common. I mean, he was known to flash the money around. I know he approached some family members of mine to,
Starting point is 00:10:46 if they wanted to buy some lobster from him. You know people knew he didn't have a license, nor that he was getting them from another fisherman. So you know it was it was well known and among the fishermen they knew what he was doing. Thank you. Each month, Apple Podcasts highlights one series worth your attention, and they call these series essentials. This month, they recommend Wondery's Ghost Story, a seven-part series that follows journalist Tristan Redman as he tries to get to the bottom of a ghostly presence in his childhood home. His investigation takes him on a journey involving homicide detectives, ghost hunters, and even psychic mediums, and leads him to a dark secret about his own family. Check out Ghost Story, a series essential pick, completely ad-free on Apple Podcasts. Hey, it's Scott Galloway, and on our podcast Pivot,
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Starting point is 00:12:36 They also told him that even though they reported the thefts to the Royal Canadian Mounted Police, the RCMP, nothing was being done about it. Apparently, every year at the pre-season meeting of the Department of Fisheries and Oceans, fishermen would ask what was going to be done about Philip Boudreau, and officials would say they'd work on the problem. There didn't seem to be any investigations, there didn't seem to be any action on complaints, and there didn't seem to be any action on complaints, and there didn't seem to be any follow-up. When we contacted the RCMP for this story, they sent a statement that reads in part, In this matter, police had received some complaints concerning allegations and assertions that were swirling in the community over time.
Starting point is 00:13:26 These complaints were investigated, and many were not incidents for which charges could be laid, or there wasn't enough evidence to lay charges. It just seemed like the RCMP wasn't interested in doing anything about this. From all the evidence that I've compiled and everybody I've talked to, the overwhelming consensus that the RCMP just didn't do enough. They were just not there when the people needed them. And Philip Boudreau just kept stealing from the traps. And blatantly doing so. It didn't seem that he was really trying to conceal what he was doing. I spoke to a couple people who caught him on camera and sent the footage to the RCMP and nothing was done. I know the RCMP have later claimed that the people themselves didn't pursue it. I'm not sure what that means. In my understanding, if a member of the public comes forward with a complaint,
Starting point is 00:14:16 it's up to the police to investigate that complaint, especially when there's footage involved, which to me is quite damning. Even if you can't fully make out that it's that person, it's certainly enough to go on and at least look into this. But the blatancy with which Philip was perpetrating these crimes led me to believe that he didn't believe he was going to get caught or apprehended by law enforcement. Philip reportedly threatened the police, too.
Starting point is 00:14:47 One retired RCMP staff sergeant has said he himself had been threatened and that Philip had once made a veiled threat against his daughter. An officer from the Department of Fisheries and Oceans who had attempted to talk to Philip reportedly got to his car one day to find his tires slashed.
Starting point is 00:15:06 He couldn't prove who did it. He bought replacement tires, and then those were also slashed. Philip Boudreau would reportedly call fisheries officers and threaten to burn down their houses. He reportedly left gasoline on one officer's front porch. When the midnight slider turned up empty in June of 2013, Jake Boudreau says the people on Isle Medeum didn't seem to be in a rush to look for Philip. Because it seemed that, or it was possible that Philip had just did one of his temporary
Starting point is 00:15:42 disappearing acts where he took off for a weekend and people couldn't find him and then showed up a few days later. And I went out to the search that morning and there didn't seem to be a lot of alarm or concern. I can remember people out looking for him and were coming back laughing. Researchers were searching and that, but there didn't seem to be a great deal of panic and there didn't seem to be a great deal of panic. And it didn't seem like an atmosphere where they were fearing for someone's life. And over time, it became apparent that something had happened. And
Starting point is 00:16:19 before long, it grew to become an effect that something had happened. A baseball hat belonging to Philip Boudreau was found near the water, and his green rubber boots were seen floating in the harbor. Jake Boudreau says that he started talking to the fishermen on the island. Most of the people I talked to, the fishermen and others in the community, believed that he got what he deserved. There was some disagreement there, but the consensus seemed to be that this was coming. On the day Philip Boudreau disappeared, several witnesses told police that something had been going on with a lobster boat called the Twin Maggies.
Starting point is 00:17:06 Some fishermen told police that they'd seen the Twin Maggies in water too deep for traps, where they wouldn't normally be, and there was something dragging behind it. A lobster buyer reported that the boat had arrived an hour later than usual and that it had scuff marks on it. Three men had been out on the Twin Maggies that day. The captain was Dwayne Sampson. His wife Carla owned the boat. The second in command was Carla's father, a man named James Landry. And the third man, Craig Landry. He was
Starting point is 00:17:41 James Landry's cousin. Within days, the crew of the Twin Maggies was arrested and charged with second-degree murder. So the police arrest the crew of the Twin Maggies, these three men. When these men are arrested, what is the public reaction to their arrests? It was a lot of shock. You know, shock was definitely the mood of the day. I mean, there hadn't been a murder at that point, and before that was in the 80s, and then before that was in the 70s.
Starting point is 00:18:17 Murders is not something that occurs in this neck of the woods very often. When questioned by police, Craig Landry and Dwayne Sampson wouldn't say anything. At first, James Landry wouldn't talk either. But after hours of questioning, when the officer asked him, Do you regret what happened?
Starting point is 00:18:39 Be honest with yourself. He said, Yeah, I regret it. James Landry told the officer his version of what happened that day. They steamed out of Pettigrew Wharf,
Starting point is 00:18:54 took a right outside the harbour. They saw Philip at one of their traps. Apparently shone the light on him. James said that he then fired his gun at Philip four times. They then proceeded to go to his boat. They ran over his boat.
Starting point is 00:19:16 Philip was in the water. James Landry claimed that it was all his doing. He said that 30 of his lobster traps had been cut, costing his family thousands of dollars. He said a fellow lobsterman told him that he'd seen Philip Boudreau out there near his traps. Someone else said that Philip admitted to cutting the Landry family's traps
Starting point is 00:19:38 on three different occasions and said, I'm not finished. So when they saw Philip Boudreau near their traps, James said he couldn't take it anymore. He said, I wanted to destroy him. He said he'd been the one to shoot at Philip four times, and then he ran the twin Maggies into Philip's boat
Starting point is 00:20:00 and then ran over it. Philip's boat capsized, he said, and then Philip disappeared from view. That was it. But then, three weeks later, Craig Landry finally talked, and his version of events was different. He said that Dwayne, the captain of the Twin Maggies, was also making decisions. It was his idea to go after Philip in the first place. It was Dwayne who ordered Craig to load the
Starting point is 00:20:31 gun and told James to fire it and said, he's going to get a scare this time. Craig said it had been James' idea to ram Philip's boat, but that Dwayne had been the one to actually do it. They then gaffed Philip with a gaff hook, something that you use to haul up a trap or corral rope or anything. They then drug him out to sea, and as they were dragging him out, he drowned. And then they tied an anchor around him and sunk him into a deep chasm outside of Petit-de-Gras harbour. His body was never found. The Royal Canadian Mounted Police sent out divers, but had no luck.
Starting point is 00:21:19 The interesting thing about that part of the investigation, they asked fishermen to join the search, and one fisherman out of dozens agreed to help. About a week after he gave his statement, Craig Landry was released on bail. And a few weeks later, when Dwayne Sampson applied for bail, the community came together to raise money. It was quite remarkable. People immediately took up the cause of raising money, went door to door, and raised money relatively quickly. People gave willingly. There were some holdouts. Some people were related to Philip or knew Philip
Starting point is 00:21:59 or just didn't like what happened. But my understanding was the vast majority of the community, especially Northern Alameda, more than willingly gave to that and quickly and easily raised money for his bail. You know, but I don't know if that speaks to the loyalty of the people or just that he was respected and liked, I guess, as well. But it was quite a remarkable thing. And also wrote letters to a testament of his character.
Starting point is 00:22:26 Yes, yes. Petition. Which doesn't surprise me either, yeah. You know, Dwayne seemed to be very well liked in his community. And then you had people who just probably totally agreed with what he did. Maybe didn't even know Dwayne that well. Knew of him and thought what he did was right. Dwayne Sampson was released on bail.
Starting point is 00:22:48 James Landry, who said it was all his doing, remained in custody. You know, by taking full responsibility, it became very clear that he was, you know, he was trying to protect the family and the family's interests. I think the calculation that James made was that he was older, that, you know, he could serve the time, and that he had less to lose, you know, being older. And, you know, kind of retired or should have been retired.
Starting point is 00:23:21 I think he felt that, you know, if he fell on the sword, it would save everybody else. And it seemed to be something that he, a calculation that he made fairly early on. You know, whether you agree or disagree with it, you know, I mean, even if you take responsibility, it doesn't necessarily deflect any of the blame from the other parties involved. You know, that's hard to say. But it gives the RCMP basically their person who said they shot him, admitted to it, admitted to participating in his death,
Starting point is 00:23:52 and, you know, there it is wrapped up in a bow. So, you know, I guess, why wouldn't you take it? There was a little problem, though, with his story, and that was the gun. Yes. What software do you use at work? The answer to that question is probably more complicated than you want it to be. The average U.S. company deploys more than 100 apps, and ideas about the work we do can be radically changed by the tools we use to do it. So what is enterprise software anyway? What is productivity software?
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Starting point is 00:26:14 Police found the real gun at his son-in-law Dwayne Sampson's house. Jake Boudreau says he thinks that James was trying his best to protect his family. While James, Craig, and Duane were awaiting trial, a large number of people in Isle Madame rallied around them and their families. I talked to a lot of people who felt that James did a favor to Dahl fishermen and even some residents who didn't have to deal with Philip, you know, stealing their lobster, cutting their traps or going into their house and stealing items or breaking in. There was a lot of people helping them.
Starting point is 00:26:53 They had people fishing their lobster, their license. The boat was confiscated as part of the investigation. So they couldn't use the boat to fish. So there were fishermen who went out and fished their license for them. Their family was there for them, helped them in every way, babysitting. And it was people in the community who offered support to them. It was like any calamity, sickness, death, anything that happens, people line up, especially if you're in that family.
Starting point is 00:27:22 You line up and you help out and you pitch in. And that's just the way it's always been. And I doubt it'll change anytime soon. And there's a lot of people in the community who felt he did a favour to everybody and basically took out the trash. I guess it's a coarse way of saying it, but I think there's a lot of people who probably agree with that. You know, and on the other side,
Starting point is 00:27:51 you had a lot of people who believed that they were trash for doing that, that what they did was inexcusable. And there was a lot of people that, you know, morally just couldn't get their mind around it and couldn't forgive them for it. And then there's others who were related to Philip or knew Philip and felt that, you know, for all his faults, he didn't deserve to be killed in that fashion. Many people came to Philip Boudreau's funeral, even though he had a lot of enemies and had stolen from so many people on the island.
Starting point is 00:28:21 As one person said, it's a time for setting aside grievances. One fisherman said there were lots of older people there. Philip would sometimes leave lobsters for them at their doors. Community members went out in boats to the place where Philip died and placed a wreath on the water. His obituary says he died at sea. James Landry was tried for the murder of Philip Boudreau in November of 2014. During his opening argument, the prosecutor told the jury, this case is about murder for lobster. The midnight slider was transported to the basement of the courthouse The judge encouraged members of the jury to walk around it
Starting point is 00:29:09 They were shown the bullet holes And shown video of James Landry confessing James Landry's defense attorney argued That just because he'd claimed responsibility Didn't mean he did it He said Most of us would like to think that if someone we cared about were in peril, we would make a sacrifice for them. We'd jump in front of a car
Starting point is 00:29:31 to save our kid. James Landry tried to take the fall for a murder, and the police believed him for a while. The jury found James Landry guilty of manslaughter, not murder. The sentencing took place two months later. Philip Boudreau's sister read a victim impact statement in which she said that her family could see the place where he died from their house. She described how her brother was discarded, like, quote, old bait. The judge sentenced James Landry to 14 years in prison.
Starting point is 00:30:09 Dwayne Sampson pled guilty to manslaughter and didn't have a trial. At his sentencing, the judge said that he did not consider cutting lobster traps to be provocation and sentenced him to 10 years. Craig Landry was sentenced to two years probation. The judge in James Landry's trial said that the men on the Twin Maggies had perpetrated vigilante justice and that respect for the law was, quote,
Starting point is 00:30:38 necessary to our society. If each of us were able to exercise revenge and retribution, as we alone determine, it would be chaos, characterized by fear and brutality. But in his book, Blood on the Water, A True Story of Small Town Revenge, Silver Donald Cameron spoke to someone on Isle Medam who said, It's something that had to be done. It's just a pity that it was those guys that had to do it. He quotes someone else as saying, Those guys were not murderers.
Starting point is 00:31:16 I cried when they sent James to jail. I've heard actually more than one person say that they should have made a statue because what James did was a good thing. That he was, you he was a hero, that he should have been inducted into the Order of Nova Scotia. I've heard all those things. There's a lot of people who felt that Philip had worn out his welcome, and that what James did was the right thing to do. When you steal lobsters, you're looking at, that's a lot of money that you're stealing,
Starting point is 00:31:44 and you're stealing food off someone's plate. And it's money that's hard-earned. It requires a lot of work. As newspapers all over Canada reported on the case, they often referred to it using that phrase from the prosecutor, murder for lobster. A lot of people on Isle Madame thought it was pretty cheap. One person said,
Starting point is 00:32:09 Look, if that guy had come in my shed and took a screwdriver, would you have said murder for screwdriver? It's not about the value of what he stole. It's about having someone that is constantly disrupting people's lives. A lot gets lost. The whole case gets lost when you reduce it down to murder for lobster. Basically, what you're saying is they, you know, you were stealing my lobster, so I shot him. But there's, you know, a lot more to this case than that. You had people who were, didn't have a criminal history engaging in criminality.
Starting point is 00:32:41 So what drives them to that? It drives me more than just stealing lobster. They didn't just see him once doing this or hear of him once doing this. There must have been more to the story. It seems like they're just a bunch of fishermen and that's it. Duane was called a fisherman and James were called a fisherman. It seemed like that's who they're identified as. They're people. They're fathers. They're brothers. They're sons. and James were called fishermen and it seemed like that's who they're identified as right and it's you know their people their fathers their brothers their sons uh these people had a life have a life and had a life before fishing and in the when they're not fishing and uh that humanity just
Starting point is 00:33:17 seemed to get completely lost in this this theme of commerce you know where they killed them for lobster and it's all about money people are making big money off of lobster. And just reduced it down to just capitalism. And it's far more than that. You know, there's people involved. There's humanity here. And a title like Murder for Lobster just totally ignores that, you know, the human aspect of it. In 2018, James Landry and Dwayne Sampson were released from prison early,
Starting point is 00:33:57 after serving only a few years of their 14- and 10-year sentences. James Landry died a year later in 2019. He was 72. Silver Donald Cameron writes that while people have all kinds of different opinions about the case, he describes an overarching mood of sadness and regret. Because it's a community of people who take pride in doing things for themselves, looking after one another, some people feel like they all failed.
Starting point is 00:34:23 They failed Philip Boudreau, the Landry-Samson family, and each other. As one person put it, there's plenty of guilt to go around. Criminal is created by Lauren Spohr and me. Nadia Wilson is our senior producer. Susanna Robertson is our producer. Our technical director is Rob Byers. Julian Alexander makes original illustrations for each episode of Criminal. You can see them at thisiscriminal.com or on Facebook and Twitter at Criminal Show.
Starting point is 00:35:17 To learn more, you can check out Silver Donald Cameron's book, Blood in the Water, A True Story of Small Town Revenge. And you can find Jake Boudreaux's reporting in the Port Hawkesbury Reporter. Criminal is recorded in the studios of North Carolina Public Radio, WUNC. We're part of the Vox Media Podcast Network. Discover more great shows at podcast.voxmedia.com. I'm Phoebe Jetsch. This is Criminal. The number one selling product of its kind with over 20 years of research and innovation. Botox Cosmetic, Adabotulinum Toxin A, is a prescription medicine used to temporarily make moderate to severe frown lines, crow's feet, and forehead lines look better in adults.
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