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Good Day Readers:
Navagating The Law Courts File Registeries can be tricky at the best of times.
Over a week ago we checked the names Jeremie Toupin, Jerome Labossiere and Michael Hince with Provincial Court File Registry officials. We were advised 3-first degree murder charges against Mr. Toupin had been stayed (dropped) by the Crown on June 14, 2010. Nothing was found for Messrs Labossiere and Hince. In the matter of Toupin this differs from Mr. McIntyre's account. We simply do not know which version is correct.
Subsequently, we located Jerome Labossiere (filed under Denis J. Labossiere) and a Michael Hince within the Queen's Bench File Registry.
It is our understanding, always subject to correction of course, alleged Criminal Code violations such as a murder charge(s), is/are initially recorded in the Provincial Court's computerized File Registry. However, as soon as there is any followup action on the file, such as a Request for a Bail Hearing, the information is then automatically transferred to the Queen's Bench electronic system.
Finally, Canada's Criminal Code contains "The Faint Hope Clause" (Section 745.6) a statutory provision allowing prisoners sentenced to life inprisonment with a parole eligibility period of greater than 15 years to apply for early parole. We assume Mr. Clarke will not qualify, however, a word of caution is in order. We are not Philadelphia lawyers.
Sincerely,
Clare L. Pieuk
__________________________________________________
Latest News
Winnipeg Free Press - ONLINE EDITION
Clarke found guilty in double killing
By: Mike McIntyre
Thursday, December 1, 2011
Rose Labossière, right, leaves the court after hearing guilty verdict in the first degree murder of her son and his wife. The jury has found Kelly Clarke guilty of the 2008 shooting deaths of Joel and Magdalena Labossière. (Ken Gigliotti/Winnipeg Free Press)
WINNIPEG - Kelly Clarke has been convicted of the cold-blooded killing of a Winnipeg man and his pregnant wife.
Jurors returned their guilty verdict to two counts of first-degree murder just after 2 p.m. Thursday. They had been deliberating since Wednesday afternoon.
Clarke, 41, showed no emotion at the verdict, although members of his family were in tears. He also had no comment before Queen’s Bench Justice Rick Saull who imposed a mandatory sentence of life in prison with no chance of parole for at least 25 years.
Clarke had pleaded not guilty to gunning down Joël and Magdalena Labossière in their St. Vital home in April 2008. Their one-year-old daughter was asleep in her nearby crib but wasn't injured.
Crown attorney Gerry Bowering read a powerful victim impact statement in court Thurday which was submitted by grieving family members. Part of it was written on behalf of the slain couple’s now four-year-old daughter, Gabrielle.
"I once had a Mommy and Daddy. They were killed by a bad man who came to our house while I slept. I cried for a long time," the statement read.
Crown and defence lawyers had made closing arguments Monday, giving vastly different accounts of the evidence in the two-week trial.
Bowering said there was an "overwhelming" case against Clarke and the verdict should be clear. The evidence includes the eyewitness testimony of Steven Solomon, who allegedly was with Clarke at the time of the shootings and gave a detailed account of how it went down.
Court was told Clarke allegedly used his gun to smash a window before going inside and killing the couple with Solomon nearby. Police later recovered a sawed-off shotgun from the Assiniboine River, thanks to Solomon's directions. They also seized a surveillance video showing Clarke and Solomon buying clothing at Walmart in the hours before the slayings.
Defence counsel Greg Brodsky had attacked the credibility of Solomon's testimony and urged the jury to acquit Clarke.
"There's no link in this case of Kelly Clarke to that house," he argued. Brodsky cautioned the jury that Solomon is not a reliable witness, pointing out the man's criminal record.
Solomon was not charged for his role in the deaths and is in the witness protection program. Also, he didn't discuss what happened the night of the homicide until he was under investigation for an unrelated matter, Brodsky said.
Bowering told court earlier in the trial the double homicide was connected to a triple killing in a St. Leon farmhouse in 2005 in which Fernand and Rita Labossière and their adult son, Rémi, died. They were fatally shot before the house was set on fire. That case touched off a bitter family dispute about the couple's $1.3-million estate, which is still before the courts.
When he died, Joël Labossière was in a court battle with his uncle, Jérôme Labossière, over the estate. Jerome was ultimately charged in May 2008 with first-degree murder for the deaths of his parents and brother. Two other men, Jeremie Toupin and Michael Hince, were also charged. Toupin has since pleaded guilty to second-degree murder and is awaiting sentencing. Labossière and Hince are set for trial next year. Jérôme has not been charged in the deaths of Joel and Magdalena Labossière.
www.mikeoncrime.com
Navagating The Law Courts File Registeries can be tricky at the best of times.
Over a week ago we checked the names Jeremie Toupin, Jerome Labossiere and Michael Hince with Provincial Court File Registry officials. We were advised 3-first degree murder charges against Mr. Toupin had been stayed (dropped) by the Crown on June 14, 2010. Nothing was found for Messrs Labossiere and Hince. In the matter of Toupin this differs from Mr. McIntyre's account. We simply do not know which version is correct.
Subsequently, we located Jerome Labossiere (filed under Denis J. Labossiere) and a Michael Hince within the Queen's Bench File Registry.
It is our understanding, always subject to correction of course, alleged Criminal Code violations such as a murder charge(s), is/are initially recorded in the Provincial Court's computerized File Registry. However, as soon as there is any followup action on the file, such as a Request for a Bail Hearing, the information is then automatically transferred to the Queen's Bench electronic system.
Finally, Canada's Criminal Code contains "The Faint Hope Clause" (Section 745.6) a statutory provision allowing prisoners sentenced to life inprisonment with a parole eligibility period of greater than 15 years to apply for early parole. We assume Mr. Clarke will not qualify, however, a word of caution is in order. We are not Philadelphia lawyers.
Sincerely,
Clare L. Pieuk
__________________________________________________
Latest NewsWinnipeg Free Press - ONLINE EDITION
Clarke found guilty in double killing
By: Mike McIntyre
Thursday, December 1, 2011
Rose Labossière, right, leaves the court after hearing guilty verdict in the first degree murder of her son and his wife. The jury has found Kelly Clarke guilty of the 2008 shooting deaths of Joel and Magdalena Labossière. (Ken Gigliotti/Winnipeg Free Press)WINNIPEG - Kelly Clarke has been convicted of the cold-blooded killing of a Winnipeg man and his pregnant wife.
Jurors returned their guilty verdict to two counts of first-degree murder just after 2 p.m. Thursday. They had been deliberating since Wednesday afternoon.
Clarke, 41, showed no emotion at the verdict, although members of his family were in tears. He also had no comment before Queen’s Bench Justice Rick Saull who imposed a mandatory sentence of life in prison with no chance of parole for at least 25 years.
Clarke had pleaded not guilty to gunning down Joël and Magdalena Labossière in their St. Vital home in April 2008. Their one-year-old daughter was asleep in her nearby crib but wasn't injured.
Crown attorney Gerry Bowering read a powerful victim impact statement in court Thurday which was submitted by grieving family members. Part of it was written on behalf of the slain couple’s now four-year-old daughter, Gabrielle.
"I once had a Mommy and Daddy. They were killed by a bad man who came to our house while I slept. I cried for a long time," the statement read.
Crown and defence lawyers had made closing arguments Monday, giving vastly different accounts of the evidence in the two-week trial.
Bowering said there was an "overwhelming" case against Clarke and the verdict should be clear. The evidence includes the eyewitness testimony of Steven Solomon, who allegedly was with Clarke at the time of the shootings and gave a detailed account of how it went down.
Court was told Clarke allegedly used his gun to smash a window before going inside and killing the couple with Solomon nearby. Police later recovered a sawed-off shotgun from the Assiniboine River, thanks to Solomon's directions. They also seized a surveillance video showing Clarke and Solomon buying clothing at Walmart in the hours before the slayings.
Defence counsel Greg Brodsky had attacked the credibility of Solomon's testimony and urged the jury to acquit Clarke.
"There's no link in this case of Kelly Clarke to that house," he argued. Brodsky cautioned the jury that Solomon is not a reliable witness, pointing out the man's criminal record.
Solomon was not charged for his role in the deaths and is in the witness protection program. Also, he didn't discuss what happened the night of the homicide until he was under investigation for an unrelated matter, Brodsky said.
Bowering told court earlier in the trial the double homicide was connected to a triple killing in a St. Leon farmhouse in 2005 in which Fernand and Rita Labossière and their adult son, Rémi, died. They were fatally shot before the house was set on fire. That case touched off a bitter family dispute about the couple's $1.3-million estate, which is still before the courts.
When he died, Joël Labossière was in a court battle with his uncle, Jérôme Labossière, over the estate. Jerome was ultimately charged in May 2008 with first-degree murder for the deaths of his parents and brother. Two other men, Jeremie Toupin and Michael Hince, were also charged. Toupin has since pleaded guilty to second-degree murder and is awaiting sentencing. Labossière and Hince are set for trial next year. Jérôme has not been charged in the deaths of Joel and Magdalena Labossière.
www.mikeoncrime.com
posted by Clare L. Pieuk at 3:28 PM
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