Wednesday, November 23, 2011

How say you jury?

Good Day Readers:

After the Labossiere trial was adjourned for the day in Courtroom 120 (shortly we'll have a posting about what transpired today), we headed to 214 where Winnipeg criminal defence lawyer Roberta Campbell (Campbell Gunn Inness) was part way through her address to the jury on behalf of her client.We have given top priority to the Labossiere trial so our recent attendance in 214 has been sporadic as time permitted, therefore, we are unable to comment on its content other than to say her approach appeared effective. The jury was then dismissed for the day.

An issue had arisen so Justice Lori T. Spivak called a 15-minute recess after which counsel returned and the matter was discussed. Since the jury was not present that's as far as we can go other than to say proceedings will resume at 10:00 a.m. on Friday, November 25 to hear the decision. As noted in the Winnipeg Free Press article Justice Spivak is expected to charge the jury after which it will begin deliberating. It is not known whether it will be "separated" (allowed to return home after each day's deliberations) or sequestered - we suspect the former.

Court adjourned at approximately 5:15.

Sincerely,
Clare L. Pieuk
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Latest News
Winnipeg Free Press - ONLINE EDITION


Deadly gang beating case goes to jury
By: Mike McIntyre
Wednesday, November 23, 2011

The fate of four men accused of a deadly gang beating inside Stony Mountain penitentiary is now in the hands of a Winnipeg jury.

Crown and defence lawyers made their closing arguments Wednesday, each side giving a drastically different view of the evidence called during the past two weeks.

Deliberations are expected to begin Monday.

David Tavares, 40, died of massive trauma after being jumped by several other prisoners in March 2005. Victor Ryle is accused of ordering the attack and has pleaded not guilty to manslaughter. Alvin Cote, Charles Coaster and Evan Myran are accused of carrying out the fatal beating and are charged with second-degree murder.
"You can come to one conclusion, and one conclusion only," Crown attorney Brian Bell said during his final pitch to the jury. He said the evidence is clear, thanks to testimony of two key witnesses who gave a detailed description of the how the deadly attack went down.

But defence lawyers cautioned jurors not to believe the testimony of two convicted felons, suggesting they downplayed their own role in the case to avoid prosecution.
"One liar cannot collaborate the word of another liar. Zero plus zero is still zero," said Martin Glazer.

The Crown has suggested members of a Winnipeg street gang went too far with a "disciplinary hearing" that turned deadly inside. Jurors heard that Tavares wasn’t originally marked for death when a high-ranking decision among inmates was made to go after him inside the medium-security prison north of Winnipeg. But the attack quickly got out of hand and ended with Tavares suffering massive trauma.

Tavares was jumped while in a prison recreation room. He was punched and fell to the floor near some pool tables, where he was repeatedly kicked in the head. The attackers dragged him to a washroom. The unconscious Tavares was found only after the recreation centre was closed for the day and staff were making sure everybody was out. He was taken to the infirmary, where he was pronounced dead.

Tavares was in Stony Mountain serving a 39-month sentence for driving-related offences. Jurors heard he became a member of the Native Syndicate while in prison but had angered fellow gang members by his conduct, which included openly complaining about several people owing him money.

Tavares had also obtained contraband alcohol and was drinking on the day he was killed, according to the Crown. A decision was made to discipline Tavares by assaulting him in the form of a time beating.

One of the Crown’s key witnesses was another gang member who was in Stony and claims he was tasked with "timing" the attack. The accused were much bigger than Tavares, who only stood about 5-10 and weighed about 190 pounds, court was told.

Tavares is originally from Thunder Bay and had been jailed after a June 28, 2000 drunk-driving incident in which his pickup truck, leaving Sleeping Giant Provincial Park in Ontario, went out of control and rolled over, injuring its occupants.

www.mikeoncrime.com

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