Is this one gonna walk?

[Smooth60]

I get a sick feeling here that this is gonna get over turned.

Pity the family of the victim.

https://ca.yahoo.com/news/natsis-appeal-impaired-driving-causing-100000034.html

 

[mandrill]

It's a pretty technical argument on appeal. I think the issue is whether the cop who was put forward as an accident reconstruction specialist was so biased against the accused that the judge should have struck all his evidence and not just some of it.

If so, the cops absolutely fucked up on how they investigated this case.

OTOH, 55 days at trial represented by Marie Henein means that the accused dentist is now bankrupt and has lost her entire life savings. I assume that she spent big because she would have lost her licence to practise dentistry if she was convicted. She appears to be a career alcoholic.

There is obviously a lot at stake for everybody involved in this case.

 

[Smooth60]

It's a pretty technical argument on appeal. I think the issue is whether the cop who was put forward as an accident reconstruction specialist was so biased against the accused that the judge should have struck all his evidence and not just some of it.

If so, the cops absolutely fucked up on how they investigated this case.

OTOH, 55 days at trial represented by Marie Henein means that the accused dentist is now bankrupt and has lost her entire life savings. I assume that she spent big because she would have lost her licence to practise dentistry if she was convicted. She appears to be a career alcoholic.

There is obviously a lot at stake for everybody involved in this case.

Was wondering whether the 55 days was for daily appearances or merely from start to finish.
Ya and I am also wondering why only some of the testimony was ok and other parts weren't. If he was considered an expert witness by the court why would any of it need to be stricken?
The time it has taken to get this far seems inordinate to me as well. What was it? 6 months just to get to sentencing?
By the sounds of it from arrest to first trial was like 3-4 years. And out on bail now for nearly 2 waiting for appeal? They all aren't like that are they?

 

[GameBoy27]

From the comment section. This person hails it!

The Pembroke, Ont., dentist said she was haunted by the statement Carroll made to reporters about the looks of pain on the children's faces when Carroll told them their father was dead. "I stand here, feeling great shame, regret, remorse," she said, adding that she was not looking for sympathy and that she knows her pain pales in comparison to the Casey family's suffering. GOOD, IF YOU REALLY FEEL THAT WAY THEN SHUT UP AND DO YOUR TIME. You should have gotten more time, you're a mature woman with teenage kids, you should have known better. Your kids can survive a few years without you, what I worry about are the 3 kids you left fatherless. All because you had to drink and drive.

 

[sempel]

55 days to deal with a drunk driving case? To me that's almost as bad a crime.

I've also think victim impact statements are a complete waste of time and should never take place. If someone kills another human being, does the fact that family members get to speak about the victim make any difference? Is one life worth more than another. Complete waste of time/money.

The scary thing is if you ever get into something where you are falsely accused, affording a decent defense is next to impossible unless you are fairly well off. There should be a rule that if the Crown chooses to prosecute yet fails to convict, the Crown covers all costs. Will motivate them to choose cases where conviction is almost guaranteed.

 

[oldjones]

This sad case readily demonstrates that criminal laws fix nothing. But what else have we got?

Almost buried is the note that the driver was already in custody, having breached her bail conditions by purchasing two bottles of vodka. Still not accepting that she has no more option to fail in her battle with booze than the dead driver had when she blearily sped toward him.

 

[mandrill]

Edelson also tried to have the entire testimony of OPP Const. Shawn Kelly, the lead collision investigator, thrown out for being biased against Natsis. The lawyer argued that the officer had made mistakes in his technical report of the collision, had buried witness statements helpful to Natsis and inappropriately viewed himself as an investigator rather than a collision expert witness.

In the end, the judge did toss significant portions of Kelly's testimony, but ruled his technical analysis of the crash was admissible.

Constable's shortcomings tainted the pool of evidence: defence

The fact the judge allowed some of Kelly's testimony, and that of two other OPP collision experts, is the basis for the defence's appeal.

In a written factum, Natsis's lawyers argue the trial judge made errors regarding the reliability and the admissibility of the officers who investigated the collision.

The document goes further: "Kelly's shortcomings tainted this entire pool of evidence, irreparably."

Sounds like the OJ defence. The defence says that the cops hated the accused so much that they fucked with the evidence, withheld exonerating material from defence counsel and generally tried to railroad the case to a conviction.

I am guessing the parts of the cop's testimony that were allowed in were considered by the judge to be corroborated by other evidence or else demonstrably objective and safe. The defence is saying the cop was such a biased asshole that ALL his testimony should have been struck.

These news reports are frustrating because they pump up the sob story and pay scant attention to the legal arguments.

 

[Jasmine Raine]

From the comment section. This person hails it!

The Pembroke, Ont., dentist said she was haunted by the statement Carroll made to reporters about the looks of pain on the children's faces when Carroll told them their father was dead. "I stand here, feeling great shame, regret, remorse," she said, adding that she was not looking for sympathy and that she knows her pain pales in comparison to the Casey family's suffering. GOOD, IF YOU REALLY FEEL THAT WAY THEN SHUT UP AND DO YOUR TIME. You should have gotten more time, you're a mature woman with teenage kids, you should have known better. Your kids can survive a few years without you, what I worry about are the 3 kids you left fatherless. All because you had to drink and drive.

Yup, perfect!

Why are you appealing when you know you did wrong? I know it is her right to appeal, but fuck! When are people going to take accountability? Stop putting this family through more shit and do your time. If you are committed to positive change, that owuld be the first place to start.

 

[sempel]

Yup, perfect!

Why are you appealing when you know you did wrong? I know it is her right to appeal, but fuck! When are people going to take accountability? Stop putting this family through more shit and do your time. If you are committed to positive change, that owuld be the first place to start.

I think that's the way it is for most people. No accountability. That said, I don't blame her. As someone pointed out, a conviction removes her license to practice.

 

[Aardvark154]

Good God, a 55 day trial that stretched over three years for an aggravated DUI/OUI/DWI charge! Even two week Jury trial for such is a relatively long trial.

 

[Aardvark154]

These news reports are frustrating because they pump up the sob story and pay scant attention to the legal arguments.

Couldn't agree more!