January 15, 2012 edition of The Toronto Star, by Betsy Powell

A lawyer is taking the relatively rare step Monday of asking a judge to investigate a woman’s claims she was coerced by fellow jurors into convicting a man of second-degree murder.

The issue is a tricky one for the justice system because it is a criminal offence for anyone to disclose what took place behind the closed doors of a jury room.

“She can’t necessarily articulate it without the possibility of being prosecuted,” says Leora Shemesh, the defence lawyer representing the woman.

Shemesh is asking the trial judge, Ontario Superior Court Justice David McCombs, to conduct a “judicial inquiry” into the woman’s allegation.

Prosecutor Andrew Sabbadini has already indicated in court the Crown’s initial position is that McCombs does not have jurisdiction to explore the issue because the case has ended.

In December, after a two-week trial, the jury deliberated for about 24 hours before finding Christopher Lewis guilty of second-degree murder. He had pleaded not guilty to first-degree murder.

On the evening of Dec. 16., the jury found Lewis guilty of killing Kerlon Charles on Feb. 28, 2005 in a vacant apartment at Bathurst St. near Steeles Ave. W.

The Crown alleged Charles was lured to the apartment by a group of men and shot 11 times.

In 2007, two men were sentenced to nine years in prison after pleading guilty to manslaughter in his death. They admitted they beat Charles with a pool cue and other weapons but denied shooting him.

A day after the verdict, one of the jurors contacted defence lawyer Don McLeod to say she did not go along with the others voluntarily.

McLeod told her to seek independent legal advice and she retained Shemesh.

During the deliberations, the jury did not at any point indicate it was deadlocked and asked only to hear a “read back” of a key witness’s testimony.

To ensure juror unanimity, jurors are often individually polled to ask if he or she agrees with the verdict. That was done in this case and the woman did not voice an objection.

In 2006, Lewis was charged with killing Jermaine Osbourne as he walked in St. Lawrence Market.

But the Crown elected not to proceed and the charges against Lewis were dropped. In April 2010, he was arrested and charged with shooting Charles after a witness in a Toronto police gang project gave a statement to police implicating Lewis. He was a key witness at last month’s trial.

Men Acquitted in Killing Ephraim Brown.

December 13, 2010 edition of the Toronto Star, by Betsy Powell

“After deliberating all weekend, the jury rejected the testimony of star Crown witness Kishauna Thomas, 21, who identified Akiel Eubank and Gregory Sappleton, both 24, as the persons who fired handguns at each other at her outdoor birthday party early on July 22, 2007.”

During the trial, Leora Shemesh supported the attacking of Thomas’s credibility and pointed to inconsistencies and contradictions in the evidence and police statements. [Read the full article of how a Toronto Criminal Defence Lawyer influenced the jury.]

Toronto Criminal Lawyer Protects Men Facing Murder Charges

If You’re Facing Murder Charges, Immediately Contact a Toronto Criminal Lawyer Experienced in Defending These Accusations

Being charged for murder is undoubtedly a frightening experience. You must do everything you can to protect yourself. Generally speaking when a case goes to trial, it is up to the jury to decide whether a person charged is guilty or not guilty. That is why it is so important to have a strong defence on your side who is able to effectively challenge the case against you.

A Toronto Criminal Lawyer is trained and skilled in doing just this. In the trial for Gregory Sappleton and Akiel Eubank, the Crown’s case was found to be weak due to a combination of eye witnesses and insufficient evidence. This presented opportunities to provide reasonable doubt for the defendants.

Gang Evidence Permitted in Jury Trial

During the three month trial, Ms. Shemesh along with Sappleton’s lawyer, Mr. Sapiano spent four weeks challenging an expert on Toronto Gangs. Thanks to Leora Shemesh’s further cross examination of two additional men pinned as shooters during the evening in question, the jury did not believe the identification evidence that was presented against Mr. Eubank and Mr. Sappleton to be sufficient.

Witness’s Credibility Questioned and Men Avoid Life in Jail

Toronto Criminal Lawyer, Leora Shemesh aided in attacking witnesses to the crimes credibility throughout the trial and pointed to inconsistencies in her testimony. Due to a strong defence and counter argument, the jury rejected the testimony and on December 13, 2010, both alleged gang members were found not guilty of second-degree murder charges for the 2007 shooting.

The trial for Akiel Eubank and Gregory Sappleton was the first time a Toronto Jury has found gang members not guilty of murder after hearing extremely prejudicial evidence from a gang expert.

If you or someone you know is living in the Toronto area and facing criminal charges, contact us online today or call (416) 944-8111.

Toronto lawyer offers search warrant insight

Monday, November 10th 2009 edition of The Toronto Sun, by Jenny Yuen

A Toronto Police canvass of 6,000 homes without a warrant in the case of missing teen Mariam Makhniashvili steps on the rights of residents and might be a waste of time, a civil liberties group says.

“It has clear problems for the civil rights and civil liberties of people who are affected by it,” said Robert Holmes, president of the British Columbia Civil Liberties Association.

“It’s something that police, frankly, don’t need to do their job,” he said yesterday.
[Read the entire article on search warrant implications.]

Reputable Toronto Lawyer Provides Search Warrant Defense

It is not everyday someone answers the front door, only to be confronted by the police. Without providing a search warrant, police have convinced people to allow for unlawful entry. Consenting to a search of your property with or without a search warrant has the potential to result in criminal charges if any illegal activity is found.

This complex situation can be too much to handle without aid from a defense lawyer. I have worked on winning defense cases for clients who were victims of an unlawful search and understand the steps needed to achieve successful results. When faced with a criminal charge, approaching the matter very critically is essential. Arriving at favourable court results is obtainable with the help of a defense lawyer. Understanding your rights is a difficult task. To ensure you are taking all the correct measures, select a Toronto defense lawyer. Working as a defense lawyer in Toronto, I have experience in strategically utilizing powerful defense practices that win cases.

Law enforcement has the ability to enter a house with a documented search warrant, to gather evidence that may pertain to a criminal offense. Without a supporting search warrant and without the support of a defense lawyer, illegal police violations can slip through the cracks. I am here to ensure this will not happen to you.

If you have been criminally charged and require a Toronto defense lawyer, speak with me directly at (416) 944-8111 or reach me online to learn what your next steps should be.