What we knew and when we knew it!

Good Day Readers:

This morning (7:15) in a CBC Winnipeg Radio news update, for the first time we publicly heard Denis Jerome Labossier has been denied Legal Aid. As far back as Friday, November 18 we knew this to be true but chose to remain silent because of our simultaneous coverage of the related Kelly Clarke double first degree murder of Joel and Magdalena Labossiere in April, 2008.

Why? Queen's Bench Justice Richard Saull who, by the way, we thought did an excellent job had made it abundantly clear on at least two occasions (one quoting penalities from the Criminal Code) he would not tolerate a mistrial resulting from irresponsible media reporting.

While at The Law Courts for a Friday 10:00 a.m. Courtroom 120 Hearing (jury excused) in the Clarke case we noted on the Daily Docket an SM (Seized Motion - only the Judge named can preside) was scheduled for 9:00 a.m. in 117 directly next door - Regina versus Labossiere, Hince. As fate would have it, for reasons unexplained proceedings in 120 had been delayed until 11:30. The name Hince had previously come our attention in Winnipeg Free Press and Sun reports naming Jerome Labossiere and two others (unnamed) charged in the 2005 slayings of parents Fernand, Rita and son Remi at their St. Leon, Manitoba farmhouse. A bit of digging unearthed a Michael Hince - Queen versus Labossiere, Denis J. (File Number: CR10-01-30174)

For much of what was to happened next in Regina versus Labossiere, Hince we were the only member of the public present save for a Law Courts Administrator who spent time there. We recognized Justice Brenda Keyser from her involvement in our SLAPP (Strategic Lawsuit Against Public Participation) JADR (Judicially Assisted Dispute Resolution). Reference: www.jus.gov.mb.ca; CI 05-01-41955; Manitoba Metis Federation et al. versus Terry Belhumeur et al.

After overcoming our surprise to find the Hearing was open to the public, our next eye brow-riser was Jerome Labossiere hobbling into the room wearing leg irons and handcuffs.

From Our Notes

The following account is based on notes taken during the Hearing. In no particular order:

(1) It quickly became apparent Mr. Labossiere's attempt to secure legal aid had been ongoing for some time. Well-known Winnipeg criminal lawyers Saul Simmonds and Jeff Gindin were named as previously having an involvement with this file. Now Sheldon Pinx was arguing a Motion to withdraw from the case claiming he had not yet been paid his retainer

(2) An animated Mr. Labossiere, (so much so Justice Keyser politely but firmly had to remind him she was the one to talk first) a couple times directly addressed Justice Keyser from the prisoner's box claiming in 2001 he was divorced from his wife at which time real estate and other assets he owed were tranferred to his by now former partner. Later we verified Labossiere versus Labossiere (nee Claudette Lucienne Grenier) File 10.01 - 9444. Indeed, Ms Grenier had petitioned for divorce in 2000 while her then husband was in jail. The action was finalized the following year. A quick perusal did not find any reference to property or asset transfers

(3) On more than one occasion Jerome Labossiere emphatically noted he was not prepared to go to tial without legal representation

(4) A passing reference was made to an "issue" Mr. Hince had but it was impossible to ascertain whether it too related to Legal Aid

(4) After listening to counsel and the accused, Madam Keyser masterfully set down a litany of delays that included two trial dates cancelled, ditto for a pre-trial hearing, another re-jigging of dates, etc., etc., etc. On that basis she refused Mr. Pinx request to withdraw. Later we spotted an excited/agitated Sheldon Pinx near Queen's Bench File Registry

Footnote

Recently, we telephoned a senior official at Legal Aid Manitoba noting we were tracking a couple trials without mentioning which ones. Our questions:

(a) What are the criteria for determining which applicants receive Legal Aid?

(b) Does Legal Aid Manitoba disclose how much it pays in legal fees for particular trials?

(c) Does LAM publish an annual aggregate amount for legal fee payments?

The response? Only information contained in the Agency's annual report is publicly discussed. For sure (b) is not!

As part of our sleuthing we began tracking the name Jeremie Toupin charged with 3-counts of first degree murder. On June 14, 2010 according to the Provincial Court File Registry these were stayed (dropped). Instinctively, we knew that could mean only one thing .....

The following article by Mike McIntyre of the Winnipeg Free Press will help connect more of the dots in this incredible story.

Sincerely,
Clare L. Pieuk
______________________________________________________
Plea deal in Labossiere case
Killer takes reduced charges; will testify against co-accused

By Mike McIntyre
May 11, 2010 Jérôme Labossiere is accused in the killing of family members. (Winnipeg Free Press Archives)

It was a crime unlike any other in Manitoba -- a murder-for-hire that saw three members of the same family executed inside their rural farmhouse, the house burned to the ground and a family member arrested and charged.

And now, as the case wends its way through the court system, justice officials have struck a plea bargain with one of the killers.

Jeremie Toupin pleaded guilty Monday to three counts of second-degree murder in exchange for the Crown dropping more serious charges of first-degree murder. Sources say Toupin, 24, will be called as a witness to testify against the remaining two accused, Jérôme Labossiere and Michael Hince. Prosecutor Daniel Chaput would only say Monday Toupin will not be sentenced until after Labossiere and Hince have concluded their cases. No trial dates have been set, but lawyers are aiming for the spring of 2011.

Toupin remains in custody. He faces a mandatory minimum sentence of life in prison with no chance of parole for at least 10 years. A judge has the option of raising that up to 25 years, which is the mandatory sentence for first-degree murder.

Canadian law does not allow for consecutive sentences for multiple murders.

Labossiere family members declined to comment Monday on the developments in the case.

Court documents previously obtained by the Free Press revealed the November 2005 killings of Fernand, 78, Rita, 74, and Remi Labossiere, 44, in St. Leon, Manitoba were allegedly "bought" for $5,000 and supposed to look like suicide. Accused killer Jérôme Labossiere is a Hells Angels associate who is the brother and son of the victims. Hince and Toupin were his longtime friends.

Search warrant affidavits reveal details of an exhaustive three-year police investigation that ended with arrests in May 2008. Concerns were expressed about other members of the Labossiere family being marked for death -- fears that would be realized in April 2008 when Jérôme Labossiere's nephew, Joël Labossiere and his pregnant wife, Maggy, were shot execution-style in their home, leaving their one-year-old daughter an orphan. Kelly Clarke, a co-worker of Jérôme Labossiere, has been charged with two counts of first-degree murder. Winnipeg police have not said what, if any, connection there could be to the triple murder. Clarke remains before the courts.

Last year, Jérôme Labossiere was hit with three new charges of counselling to commit murder. He allegedly discussed plans with a fellow inmate at Stony Mountain prison to kill three targets, including his sister, nephew and a former friend. None of them was harmed as police became aware of the plans almost immediately.

The unprecedented wave of family violence has been linked in court documents to an ongoing civil case over Fernand, Rita and Remi Labossiere's $1.3-million estate. At the time of his death, Joël Labossiere was involved in a court battle with Jérôme Labossiere over the estate and had recently taken out a protection order barring Jérôme from contacting him and his immediate family. Jérôme Labossiere had appealed the order, saying he was not a threat to anyone.

Police believe a copy of Remi's will Jérôme Labossiere produced after the killings -which purported to leave the entire estate to him and his family -- was a fraud. A previous will from Remi Labossiere had left everything to his six nieces and nephews. Police started phone taps on their suspects in March 2007. Investigators said in court documents getting people to co-operate in the investigation was difficult because many witnesses expressed a fear of retribution if the killers found out they provided information to the police.

http://www.mikeoncrime.com/

Republished from the Winnipeg Free Press print edition May 11, 2010 A3