This week began the voir dire of Byron's trial by Judge before Justice Nancy Spies -- the stage of the trial in which the admissibility of the evidence is assessed. In particular, this week was a Garofoli hearing regarding the warrant for Byron's house and its successor. read more...
Day 1 (Nov 7, 2011): After some introductory dialogue, we move to the question of when Byron was first detained. Byron first came to their attention for taking pictures downtown shortly before the G20. The police put out a high-priority call for him and tracked him down. He refused to identify himself, so the police threatened to arrest him for jay-walking, though they admit he never did. Clearly, by the time they performed this 'ruse,' they were detaining him... But when did the detention begin?
Day 2 (Nov 8, 2011): Counsel begins oral argument on French's Affidavit.
Day 3 (Nov 9, 2011): Counsel continues oral argument on French's Affidavit. Crown begins response.
Day 4 (Nov 10, 2011): Crown concludes response on French's affidavit. The Judge rules that Byron wasn't detained until the 'ruse'. Counsel responds to some issues raised in the Crown's response.
Day 5 (Nov 14, 2011): Judge dismisses the motion regarding the warrant on the grounds that she found one charge that survived. From there, a brief legal debate ensued, leaving it clear that some party was confused. Around an hour in, court was adjourned until the next day.
Day 6 (Nov 15, 2011): Judge states that a misunderstanding occurred and gives more details on her ruling. She is open to argument on its implications. Defense outlines its position. Court is adjourned early.
Day 7 (Nov 16, 2011): The Crown brings in the witnesses Officer Maadenian, Detective Shanehill, and Detective Garrow who go through examination and cross. The Crown also brings in Detective-Sargant Bui who's testimony is not completed. We begin watching a movie of his first interview with Byron.
Day 8 (Nov 17, 2011): We finish watching Bui's first interview with Byron. Officer Dumlaw is sworn in and goes through examination and cross. We begin watching a movie of Bui's second interview with Byron but pause when he has to leave. Officer Penton, who arrested Byron, is brought in as a witness, but trial ends shortly after.
Day 9 (Nov 18, 2011): The testimony of Penton continues with us watching the video from his car of him arresting Byron. Crow asks a few questions and then Counsel crosses. Then we move back to the video of Byron's second interview with Bui. Crown asks a few questions and then Counsel begins cross. Court ends before Counsel reaches the second interview.
Day 10 (Nov 21, 2011): Counsel continues crossexamining Detective-Sargent Bui, moving on to the recorded interviews. Topics include various violations of Byron's rights, including denying counsel, detaining Byron beyond 24 hours without putting him before a Justice of the Peace, leveraging his wife to try and make him give a guilty confession (a "moral appeal") and insinuating Byron might fall into a legal black hole.
Day 11 (Nov 22, 2011): Discussion of scheduling and submissions from Counsel on the various breaches of Byron's rights regarding his interviews with Bui.
Day 12 (Nov 23, 2011): Defense continues arguing that rights abuses make the statements Byron made in custody inadmissible. Prosecution argues against, in particular suggesting that the rights violations were mitigated by Byron's legal knowledge.