Okay, maybe I’m toning down my language because he’s one of Canada’s most powerful lawyers. I know Clayton Ruby has done some very important work in and out of the courts for the people and the legal system of Canada. And I know he’s only doing his job by trying to get a new trial for an evil monster who allowed his son to be murdered in one of the most horrible manners possible.
But the Star story below shows that Ruby really is doing our just-ass system a disservice and is so far off the mark in this case that he needs to back off and not worry so much about getting his face on TV again. Namely, how dare he pull the RACE CARD in this case when he says, there was already “hatred and disgust at these two accused black persons“? And as already mentioned in my previous post on the topic, why shouldn’t the judge refer to the tortured and murdered boy as “poor, pitiful Randal“?!
The part that pisses me off most, however, is Ruby’s claim that “We provide an appeal because it’s good for us to have a justice system we can be proud of. It’s not for him, (Tony Dooley) it’s for us.” Given the clear facts of the case, given that there is no doubt that these two monsters directly caused this poor boy’s slow, horrific death, and given that each of these monsters deserves the death penalty, how dare Ruby say this waste of tax-payers’ money is for US, rather than that scumbag, coward Tony Dooley?!
Ah, screw it. FUCK YOU, CLAYTON RUBY!
New trial sought in Dooley murder: Judge’s use of inflammatory language in his charge to the jury undercut jurors’ ability to fairly assess the evidence, lawyer argues
A Superior Court judge’s use of inflammatory language in his jury charge undercut jurors’ ability to properly and fairly assess the evidence, the Ontario Court of Appeal heard today. Defence lawyer Clayton Ruby was making submissions on behalf of his client, Tony Dooley, convicted of second-degree-murder in the brutal beating death of his 7-year-old son, Randal Dooley, on Sept. 25, 1998. His wife, Marcia Dooley, Randal’s stepmother, was also convicted of second-degree murder.
Evidence at trial showed that Randal Dooley was beaten to death by Marcia Dooley. Tony Dooley did nothing to stop his wife from repeatedly beating his son. Randal was found to have 13 cracked ribs, a lacerated liver and a tooth that had been smashed into his stomach. He was covered in hundreds of bruises, scars and fresh wounds.
The parents were each sentenced to life in prison — Marcia Dooley to serve at least 18 years before being eligible for parole and Tony Dooley to serve 13 before becoming eligible. Marcia and Tony Dooley are both appealing their April 18, 2002, convictions and requesting a new trial on the basis that Superior Court Justice Eugene Ewaschuk made numerous errors at the trial, such as repeatedly referring to “poor, pitiful Randal.”
“This was a tragic and highly emotional case,” Ruby said today in front of a three-judge panel. And because there was already “hatred and disgust at these two accused black persons,” the judge needed to go out of his way to caution jurors not to let their best judgment be overidden by emotion. “That alliteration and other things in the jury address inflamed that jury,” Ruby said. A judge is also supposed to provide advice, not give “direction” to a jury, another area where Ewaschuk also crossed the line, Ruby said.
The Crown has yet to begin arguments. The case is scheduled for four days this week. But in its factum, it acknowledges that the trial judge’s repeated rerferences to “poor, pitiful Randal” were not necessary. “The references could not, however, have interefered with the jury’s fact-finding function or otherwise caused any prejudice in this case.” The Crown also contends that the judge’s language “was no stronger than what was warranted by the facts of the case.”
Outside the courthouse, Ruby acknowledged the public is unlikely to have a lot of sympathy, given the horrific circumstances of Randal’s life and death. “We provide an appeal because it’s good for us to have a justice system we can be proud of. It’s not for him, (Tony Dooley) it’s for us.”