Magnotta March Prelim Hearing & Trial Day 1 - Sep 29, 2014 - Thread #1

[Morbida]

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.

 

[Baudi Moovan]

"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...l+evaluation/8139525/story.html#ixzz2OIuPi6SN

 

[ChelleBelle]

"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...l+evaluation/8139525/story.html#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.

 

[Katie-L]

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.

 

[newsleuth88]

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.

 

[Kanawha City Frank]

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.

 

[ChelleBelle]

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.

 

[ChelleBelle]

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.

 

[ChelleBelle]

And the circus resumes tomorrow....

 

[HastingsChi]

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 

 

[ChelleBelle]

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

:lol:

 

[No_Stone_Unturned]

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

http://www.ottawacitizen.com/news/m...se+friend+victim+testifies/8211594/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...im+testifies/8211594/story.html#ixzz2Pu6q422X

 

[newsleuth88]

Hey Chelle, just reading via twitter that that info may come under pub ban. May want to delete it to be safe.

 

[No_Stone_Unturned]

They're Moving Along Quickly:

Domenic Fazioli @DomenicFazioli


Magnotta hearing is done for the day. We heard from six witnesses from Vancouver.

 

[No_Stone_Unturned]

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

 

[ChelleBelle]

Hey Chelle, just reading via twitter that that info may come under pub ban. May want to delete it to be safe.

Done - thanks!

 

[newsleuth88]

My mistake I guess Chelle - it's being widely reported now:

http://www.theglobeandmail.com/news...second-degree-murder-charges/article10902433/

Lawyer's try to downgrade 1st degree murder charge to 2nd degree.

 

[ChelleBelle]

My mistake I guess Chelle - it's being widely reported now:

http://www.theglobeandmail.com/news...second-degree-murder-charges/article10902433/

Lawyer's try to downgrade 1st degree murder charge to 2nd degree.

Hopefully the judge denies that too

 

[HastingsChi]

Hopefully the judge denies that too

Magnotta's lawyer is well-regarded and he seems to be working hard on behalf of his client; I respect that because everyone should receive the best defense possible. While I hope his efforts are unsuccessful, it wouldn't surprise me if he tried to reduce the charges to unlawful disposal of a body. Unfortunately for Leclair, his client is a control freak who has traits of a pathological liar, so I can't imagine Leclair and Magnotta working completely in sync.

 

[matou]

Earlier Monday, the court heard from the victim's friend, Dong Dong Xu, as Magnotta sat in the prisoner's box wearing dark-rimmed glasses, a button-down plaid shirt and faded blue jeans.

During his testimony, Xu avoided eye contact with Magnotta and paused several times to pour himself glasses of water.

The victim's father, Diran Lin, was in court with his lawyer as well as a member of Montreal's Chinese community. The father was largely expressionless, unlike previous appearances in which he fled the courtroom in tears.

http://www.torontosun.com/2013/04/08/magnotta-lawyer-wants-murder-charge-downgraded