COUNTDOWN: 8 days to Wrongful Conviction Day: (Thursday October 2, 2014);
STORY: "Judge rules against mistrial in Saskatoon (Mr. Big) murder case," by reporter Bryn Levy, published by CJME on September 22, 2014.
GIST: "In what's now known as the Hart ruling, the Supreme Court outlined a new test for Mr. Big evidence. That ruling came down July 31st as Allbright was still working on a verdict. Previously, statements recorded in Mr. Big stings were treated as no different than an admission made to a person on the street. But, in overturning the conviction of Newfoundland's Nelson Hart, the high court declared the Crown would now be required to prove that any evidence obtained was of sufficient value to outweigh serious misgivings about the prejudicial effect of Mr. Big evidence at trial. Hrycan argued that a new trial was the only way to fairly apply the new test outlined in the Hart ruling. He said it would be impossible for Allbright to separate himself from the evidence he'd heard throughout the month-long trial that wrapped up in June. Hrycan further argued that his cross-examination of the undercover officers involved in the sting and Hales' own testimony would have gone differently in light of the new rules. In delivering his ruling, Allbright flatly rejected Hrycan's argument, saying judges are often called upon to discount evidence as they deliberate and that he'd be comfortable doing so if, after hearing all arguments, he felt that was necessary. Ultimately, Allbright said he probably would have declared a mistrial if there had been a jury present, but, since it was a judge-alone matter he decided it was better to proceed. He said both sides would have an opportunity to argue the Hart test at a later date.........Allbright set a court date of Oct. 22. At that time, the defence will apply to re-open its case and ask to call witnesses. Another date will have to be set to do that and Miazga acknowleged that it would be unlikely for any verdict to be reached before the New Year."
STORY: "Judge rules against mistrial in Saskatoon (Mr. Big) murder case," by reporter Bryn Levy, published by CJME on September 22, 2014.
GIST: "In what's now known as the Hart ruling, the Supreme Court outlined a new test for Mr. Big evidence. That ruling came down July 31st as Allbright was still working on a verdict. Previously, statements recorded in Mr. Big stings were treated as no different than an admission made to a person on the street. But, in overturning the conviction of Newfoundland's Nelson Hart, the high court declared the Crown would now be required to prove that any evidence obtained was of sufficient value to outweigh serious misgivings about the prejudicial effect of Mr. Big evidence at trial. Hrycan argued that a new trial was the only way to fairly apply the new test outlined in the Hart ruling. He said it would be impossible for Allbright to separate himself from the evidence he'd heard throughout the month-long trial that wrapped up in June. Hrycan further argued that his cross-examination of the undercover officers involved in the sting and Hales' own testimony would have gone differently in light of the new rules. In delivering his ruling, Allbright flatly rejected Hrycan's argument, saying judges are often called upon to discount evidence as they deliberate and that he'd be comfortable doing so if, after hearing all arguments, he felt that was necessary. Ultimately, Allbright said he probably would have declared a mistrial if there had been a jury present, but, since it was a judge-alone matter he decided it was better to proceed. He said both sides would have an opportunity to argue the Hart test at a later date.........Allbright set a court date of Oct. 22. At that time, the defence will apply to re-open its case and ask to call witnesses. Another date will have to be set to do that and Miazga acknowleged that it would be unlikely for any verdict to be reached before the New Year."
The entire story can be found at:
http://cjme.com/story/defence-calls-mistrial-saskatoon-murder-case/418305
For background on Wrongful Conviction Day see the following link:
http://smithforensic.blogspot.ca/2014/06/wrongful-convictions-day-aidwyc.html
Interested participants may sign up by contacting Win Wahrer of The Association in Defence of the Wrongly Convicted at: winwahrer@aidwyc.org.
PUBLISHER'S NOTE:
Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.
I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.
The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:
http://www.thestar.com/topic/
Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html
I look forward to hearing from readers at:
hlevy15@gmail.com.
Harold Levy: Publisher; The Charles Smith Blog;
