Appeal judges must decide if Elgin-Middlesex Detention Centre guards waited too long for trial in inmate Adam Kargus’s death

The London Free Press.

TORONTO – The fate of two London correctional staffers charged in the death of an inmate rests in the hands of three judges now weighing complex legal arguments in the midst of a shifting Canadian justice landscape.

The faith in the justice system of a mother who lost her son is in their hands, too.

“To my last breath, when I join my son, that’s how long I will be on it,” a determined Deb Abrams said outside the Ontario Court of Appeal Wednesday.
Continue reading “Appeal judges must decide if Elgin-Middlesex Detention Centre guards waited too long for trial in inmate Adam Kargus’s death”

EMDC: Lawyers for jail workers implicated in inmate Adam Kargus’s death argue long process breached rights

The London Free Press.

Two former correctional staff at London’s provincial jail, their cases caught up in a fight over justice delays, will learn next month if they’ll go to trial over the death of inmate Adam Kargus.

Patrick Ducharme. Photo Credit: Windsor Star
Patrick Ducharme. Photo Credit: Windsor Star

The province and lawyers for the two will argue in Ontario’s highest court whether the long delay between being charged and the start of the trial breached the rights of the accused to a fair trial.

Many of the arguments rely on arcane, he-said, she-said calculations over what side caused the long delay.

Continue reading “EMDC: Lawyers for jail workers implicated in inmate Adam Kargus’s death argue long process breached rights”

Sarnia’s Veolia Environmental Services, manager Anthony Lavoratore acquitted of criminal negligence charges in fatal 2014 work explosion

Patrick Ducharme
Patrick Ducharme

Sarnia’s Veolia Environmental Services, manager Anthony Lavoratore acquitted of criminal negligence charges in fatal 2014 work explosion

A Sarnia business and one of its managers have been acquitted of criminal negligence charges in a 2014 workplace explosion that killed one worker and hurt five others.

Friday, Justice Deborah Austin ruled there wasn’t proof beyond a reasonable doubt to hold Veolia Environmental Services or a manager, Anthony Lavoratore, guilty – though she stated the company didn’t provide a safe work environment. Continue reading “Sarnia’s Veolia Environmental Services, manager Anthony Lavoratore acquitted of criminal negligence charges in fatal 2014 work explosion”

Complaint filed against judge and Crown

Patrick Ducharme. Photo Source: AM800 News
Patrick Ducharme. Photo Source: AM800 News

A complaint has been filed against a judge and a Windsor, Ont. Crown attorney for an “inappropriate social outing” that took place during an ongoing criminal trial they were both working on.

The aunts and primary caregivers of the accused in the case — Andrew Cowan — submitted the complaint, claiming Crown attorney Thomas Meehan and Ontario Superior Court Justice Kelly Gorman met for drinks the evening after the jury had rendered its guilty verdict. Cowan was convicted of second-degree murder.
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Judge Dismisses Mistrial Request in Andrew Cowan Murder Case

A murder trial in Windsor, made even more unusual by revelations of a late-night rendezvous between the judge and prosecutor, is headed to the Ontario Court of Appeal.

Superior Court Justice Kelly Gorman Monday dismissed an application for a mistrial in the case of Andrew Cowan, convicted by a jury in August of second-degree murder. Gorman, the judge who heard Cowan’s case and who is now being accused of impropriety for fraternizing with the assistant Crown attorney who prosecuted Cowan’s case, ruled she does not have the jurisdiction to declare a mistrial after a jury has returned a verdict.

That jurisdiction, Gorman ruled, lies with the court of appeal. Continue reading “Judge Dismisses Mistrial Request in Andrew Cowan Murder Case”

Woman acquitted in Goodwill hit-and-run of cyclist

Windsor Star.

A woman accused of stealing donated items, then running down a man in a Goodwill parking lot in Windsor last year, was found not guilty Wednesday.

Heather L. Michano, 29, had been charged with dangerous operation of a motor vehicle, failing to stop at the scene of an accident, assault with a weapon and theft for the Sept. 25, 2016, incident at Goodwill Industries on McDougall Avenue. Police arrested her after surveillance cameras captured video of a woman in a Toyota Corolla drive into the parking lot, rummage through items strewn on the pavement near a donation bin, then drive away striking a man on a bicycle. Continue reading “Woman acquitted in Goodwill hit-and-run of cyclist”

Mistrial sought in Windsor murder conviction

Toronto Sun.

WINDSOR, ON. AUGUST 1, 2017. — Andrew Cowan, 47, leaves the Superior Court of Justice in Windsor, ON. on Tuesday, August 1, 2017. He pleaded not guilty to first-degree murder in connection with an incident that took place in October, 2012. (DAN JANISSE – The Windsor Star) (For story by Dave Battagello)

After a night of drinking and gambling at Caesar’s Windsor casino in October 2012, Andrew Cowan drove his friend’s Ford F-150 at speeds of up to 150 km/hr and sent the pick-up flying through the air into the second storey of a Leamington, Ont., building.

The friend, Ed Witt, was in the passenger seat when the truck went airborne and ended up dead. Continue reading “Mistrial sought in Windsor murder conviction”

Defendant accused of sexually assaulting female colleague gives lurid account of evening: DiManno

Toronto Star.

Const. Leslie Nyznik gives an exhaustive and exhausting account of the alleged sexual antics of the complainant, a parking enforcement officer, he and two other cops, are accused of assaulting.

WARNING: Extremely graphic content

Goodness, what a skank!

That, of course, would be the sexual assault complainant, as portrayed by one of the three off-duty cops accused of carnally besieging her during a hotel room bacchanal.

Or, looked through the other end of the testimonial prism, the officer in the witness stand Friday had been the skank on that hotly disputed night two-and-a-half years ago. What’s the male equivalent of skank? Skunk?

Never touched that woman, Const. Leslie Nyznik asserted on Friday — at least not with his hands. Only his penis. Four times only with his penis, four times she put it in her mouth, ravenous to perform oral sex upon him. And so dexterous had this lustful woman been, that she was able to, simultaneously, have “missionary” sex with another officer, Const. Joshua Cabero, while using her other hand to rub and grope yet another cop, the zonked-out Const. Sameer Kara.
Continue reading “Defendant accused of sexually assaulting female colleague gives lurid account of evening: DiManno”

Witness put through the paces at police sex assault trial: DiManno

Toronto Star.

Defence grinds away at purported inconsistencies in testimony.

I’ve come to think of them as the silverbacks, legal primates beating their chests.

The banger-in-chief among this troop of well-coiffed lawyers is unquestionably Harry Black, pointy end of the defence spear in the trial of three Toronto police constables charged with sexually assaulting a parking enforcement officer.

Snappish, indignant, provoking — much as I’ve witnessed him in action over decades of largely representing cop defendants — and practically stamping his foot in ire on Tuesday, more like a “You’re-not-the-boss-of-me” brat than a be-robed servant of the court, following an objection from the Crown over an inaccurately quoted passage put to the witness.

Continue reading “Witness put through the paces at police sex assault trial: DiManno”