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  1. #61
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    Jul 2012
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    USA
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    Quote Originally Posted by ChelleBelle View Post
    I guess they don't use publication bans much in the US, if at all. They are considered a violation of the First Amendment right to free speech. Instead, they use a grand jury in the preliminary process.
    SBM.

    Last I heard, there was a publication ban in place for the James Holmes (Aurora, CO theater shooter) trial - as an example. So, they're used. (Just not as stringently.) But no, not very common.

  2. #62
    "Leclair claimed that information in the motion could harm Magnotta’s right to a fair trial by revealing that the defence might be that Magnotta is not criminally responsible for reasons of a mental disorder, the same defence used by Guy Turcotte, the former cardiologist who killed his two young children. The judge rejected Leclair’s claim."

    Read more: http://www.montrealgazette.com/news/...#ixzz2OIuPi6SN

  3. #63
    Join Date
    Jan 2013
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    Ontario, Canada
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    155
    Quote Originally Posted by Baudi Moovan View Post
    "Leclair claimed that information in the motion could harm Magnotta’s right to a fair trial by revealing that the defence might be that Magnotta is not criminally responsible for reasons of a mental disorder, the same defence used by Guy Turcotte, the former cardiologist who killed his two young children. The judge rejected Leclair’s claim."

    Read more: http://www.montrealgazette.com/news/...#ixzz2OIuPi6SN
    Oh here we go. Thank God the judge appears to have some amount of common sense. Leclair is going to try every trick in the book. I bet for their next trick they petition for a change of venue because they can't get a fair trial in Montreal.

  4. #64
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    Mar 2013
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    Canada
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    Quote Originally Posted by ChelleBelle View Post
    What do you guys think it was that brought Leclair to tears, according to this article? Just over Feldstein having to bow out? I'm surprised a seasoned lawyer such as him would be so emotional.
    I`d cry too if I had to defend this man - especially if I had to do with one less team member.

    But who knows. Article doesn`t say what he broke down about. Could be something in his personal life, or the stress of the trial, or something the judge said or even having to hear the evidence.

    For me - lawyers are charged with a duty to defend a client to their very best ability. They`re human beings who had nothing to do with the crimes charged, though.

    I have incredible respect for the men who have to defend this monster. Can`t imagine the toll it will take on them.

  5. #65
    Join Date
    Jun 2012
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    60
    I second that - I have tremendous respect for everyone involved in the defence/prosecution side of this case. The judge is VERY smart btw, just based on some on the fly judgements she made when I was in court and I got the impressions that she's VERY no nonsense. The trial is in good hands and everyone is doing their job to the best of their abilities. Not an easy trial on anyone; awful, awful crime.

  6. #66
    Join Date
    Feb 2013
    Location
    Kanawha County, West Virginia
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    37
    I'm guessing that English Common Law and the McNaughten Rule for insanity defense applies in Canada. Am I correct? If so, he obviously cannot say he did not know his crimes were wrong, so what is it his solicitors can argue? This man is such a self promoter that it staggers the imagination he could be found GBI.

  7. #67
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    Jan 2013
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    Ontario, Canada
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    155
    Quote Originally Posted by Kanawha City Frank View Post
    I'm guessing that English Common Law and the McNaughten Rule for insanity defense applies in Canada. Am I correct? If so, he obviously cannot say he did not know his crimes were wrong, so what is it his solicitors can argue? This man is such a self promoter that it staggers the imagination he could be found GBI.
    The Canadian criminal code does apply the McNaughten Rule. I can't imagine where they think they'd be going with a NCR defense. He knew right from wrong when he booked for Europe.

  8. #68
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    Jan 2013
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    Ontario, Canada
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    Quote Originally Posted by newsleuth88 View Post
    I second that - I have tremendous respect for everyone involved in the defence/prosecution side of this case. The judge is VERY smart btw, just based on some on the fly judgements she made when I was in court and I got the impressions that she's VERY no nonsense. The trial is in good hands and everyone is doing their job to the best of their abilities. Not an easy trial on anyone; awful, awful crime.
    That's good to know. If the Canadian judicial system has learned anything from Paul and Karla, that is to not screw things up and let one skate.

  9. #69
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    Jan 2013
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    Ontario, Canada
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    155
    And the circus resumes tomorrow....

  10. #70
    Join Date
    Aug 2011
    Location
    Chicago, IL USA
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    2,066
    Quote Originally Posted by ChelleBelle View Post
    And the circus resumes tomorrow....
    doo-doo-doody-doo-doo-doo-doo-doo-doo, doo-doo-doody-doo-doo-doo-doo-doo-doo DOO-doody-doo-doo DOO-doody-doo-doo doo 


  11. #71
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    Jan 2013
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    Ontario, Canada
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    Quote Originally Posted by HastingsChi View Post
    doo-doo-doody-doo-doo-doo-doo-doo-doo, doo-doo-doody-doo-doo-doo-doo-doo-doo DOO-doody-doo-doo DOO-doody-doo-doo doo

  12. #72
    Join Date
    Jan 2011
    Location
    Small town at a pristine lake in Ontario
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    3,087

    Lightbulb

    Testifying This Week - Friend of Jun Lin + Vancouver people + Europe people:

    http://www.ottawacitizen.com/news/mo...594/story.html


    The hearing resumes this afternoon with witnesses from Vancouver, who will testify via video conference. Witnesses from Europe are scheduled to testify Tuesday.



    Read more: http://www.montrealgazette.com/Luka+...#ixzz2Pu6q422X
    Seeking justice for Audrey Gleave
    -------------------------------------------
    *ALL POSTS ARE MY OWN OPINIONS UNLESS I GIVE A LINK OR REFER TO OTHERS*
    -------------------------------------------
    “The inspiration you seek is already inside you. Be silent and listen." ~ Rumi

  13. #73
    Join Date
    Jun 2012
    Posts
    60
    Hey Chelle, just reading via twitter that that info may come under pub ban. May want to delete it to be safe.

  14. #74
    Join Date
    Jan 2011
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    Small town at a pristine lake in Ontario
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    Lightbulb

    They're Moving Along Quickly:

    Domenic Fazioli @DomenicFazioli


    Magnotta hearing is done for the day. We heard from six witnesses from Vancouver.
    Seeking justice for Audrey Gleave
    -------------------------------------------
    *ALL POSTS ARE MY OWN OPINIONS UNLESS I GIVE A LINK OR REFER TO OTHERS*
    -------------------------------------------
    “The inspiration you seek is already inside you. Be silent and listen." ~ Rumi

  15. #75
    Join Date
    Jan 2011
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    Small town at a pristine lake in Ontario
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    Lightbulb

    Quote Originally Posted by ChelleBelle View Post
    Looks like Leclair will be asking that Luka be tried on a 2nd degree murder charge and not 1st. Hopefully the judge denies that like she has everything else they've asked for
    Where is this info from? I'm not able to find it anywhere.

    Many thanks,
    Stone
    Seeking justice for Audrey Gleave
    -------------------------------------------
    *ALL POSTS ARE MY OWN OPINIONS UNLESS I GIVE A LINK OR REFER TO OTHERS*
    -------------------------------------------
    “The inspiration you seek is already inside you. Be silent and listen." ~ Rumi

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