"COURT DOCUMENTS, FILED BY FEDUNCHAK (DEFENCE LAWYER), STATE HE'S ASKING THAT THE VERDICT BE THROWN OUT, OR FOR AT LEAST A MISTRIAL, ON TWO GROUNDS: THAT THE JURY WAS VETTED AND, SECONDLY, THERE WAS JURY MISCONDUCT. FEDUNCHAK DID NOT ELABORATE ON WHAT THE MISCONDUCT ENTAILED."
TRACY MCLAUGHLIN: SUN MEDIA;
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Background: In a previous post I asked: "Why didn't Ontario prosecutors examine Dr. Charles Smith's qualifications a bit more closely over the years, pay more attention to court decisions suggesting he was biased towards the Crown and that that his opinions were seriously flawed - or at least share the existence of these decisions with the defence?"
My answer was that some prosecutors cared more about winning the case than the possibility that an innocent person might be convicted;
I buttressed my response with the story recently broken by the National Post that prosecutors in several parts of Ontario have been asking police to do secret background checks on jurors.
This controversy has lead to numerous requests for mistrials and could result in a bids to open numerous cases where accused persons have been convicted in the shadow of the illegal practice which taints a criminal jury trial from the outset.
The Charles Smith Blog is very much concerned with the question as to how far prosecutors will go to win the case and is therefore monitoring developments on a regular basis;
TRACY MCLAUGHLIN; SUN MEDIA;
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The Sun Media Sun Story, by Tracy McLaughlin, ran earlier today under the heading, "Lawyer demands murder conviction be tossed."
"BARRIE -- A defence lawyer wants the murder verdict for a young offender convicted in a brutal stabbing tossed out of court because of secret jury vetting, the Toronto Sun has learned," the story begins;
"Lawyer Ben Fedunchak argues the jury was secretly vetted by the Crown before jury selection in a trial that led to a first-degree murder conviction against his client, who can't be identified," it continues;
"Last February following a two-month trial, a jury spent two days deliberating before it decided that the teen, who was 16 at the time, was guilty of repeatedly stabbing 14-year-old Brayton Bullock in the head, back and chest in Lackie's Bush in Barrie on March 9, 2006.
Court documents, filed by Fedunchak, state he's asking that the verdict be thrown out, or for at least a mistrial, on two grounds: that the jury was vetted and, secondly, there was jury misconduct. Fedunchak did not elaborate on what the misconduct entailed.
Fedunchak also complained that the Crown hasn't given him full disclosure regarding both allegations, while some of the disclosure he did receive "has been edited," court documents state.
A three-day hearing was set to begin yesterday to determine whether the teen should be sentenced as an adult, but that was put on hold. A date for possible arguments over a stay of proceedings or mistrial was set for Aug. 25.
Outside court, the mother and family members of the murdered teen were visibly upset.
"We are sick -- just sick about this," said aunt Cheryl Bullock. "A new trial would put this family through the trauma all over again ... We need this to end."
This is the third or fourth time allegations that the Crown has been vetting its juries has arisen at the Barrie courthouse in recent weeks.
Last month, three jury panels were dismissed in Barrie after defence lawyers claimed the Crown obtained lists of prospective jurors with private information written beside their names that included such things as drinking problems, depression, mental health problems, minor criminal convictions, highway traffic offences and drunk driving offences that dated back more than 30 years.
Defence lawyers involved insisted they were shocked and knew nothing about the jury vetting."
Harold Levy...hlevy15@gmail.com;