Neuberger Rose LLP in the News
Store Owner Cleared of Sex Charge
A Peterborough convenience store owner was vindicated yesterday after the Crown withdrew a sexual assault charge against him midway through the complainant's testimony. A visibly relieved...
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Five Youths Face Trial in Slaying
One teen discharged, another facing charge of first-degree murder in 2006 stabbing death...
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Commentary on Impaired Driver sentenced to Life
Joseph Neuberger agrees with the judge’s decision to not brand the accused as a Dangerous Offender
Joseph Neuberger agrees with the judge’s decision to not brand the accused as a
Dangerous Offender
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DNA Evidence can be faked
David Rose is quoted in Law Times article by Robert Todd August 24, 2009 about Forensice DNA Evidence.
"David Rose of Neuberger Rose LLP, who has written a book on DNA evidence, says the test offered by Nucleix is important, and labs should use it.
But he says he doesn’t believe the finding raises the spectre of wrongful convictions. Contrary to claims from Nucleix, Rose says the scenario proposed by the company would require extremely sophisticated equipment and a “very talented” scientist.
“What it probably implies is that as the technology to replicate DNA becomes more readily accessible, then the idea that your DNA can be in a variety of locations is going to become more commonly accepted,” he says.
Rose suggests there are much easier ways to frame someone using DNA than the technique outlined by the Nucleix study.
“It’s a lot easier for someone to follow you around, grab a Coke can you’ve had, perform a bank robbery, and leave the can of Coke at the crime scene. Bingo, your DNA’s at the crime scene.”
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Man who killed two gets 9-year sentence
Newspaper publication in The Toronto Star by Dianne Wood, June 27, 2007.
"..."This was a group enterprise to commit a criminal act,'' said Alexander's lawyer, Joseph Neuberger. "What possesses these groups to feel so insulted to commit these types of acts? Violence begets violence.''..."
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$400G bust tossed - Man cleared of pot charges after illegal search
Newspaper publication in The Toronto Sun by Sam Pazzano, April 5, 2005.
"..."The message is police can't have shortcuts, violate people's rights by conducting illegal searches", said Kim's lawyer, Leora Shemesh.
"There is a running theme in Durham that every Asian person in this community has a grow-op. How many homes do police break into and find nothing?"..."
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Tough on wife-killers
Newspaper publication in The Toronto Sun by Paul Choi, May 16, 2005.
"Joseph Neuberger, a Toronto-based criminal defence lawyer, says the women's rights movement has played a tremendous role in the crackdown on domestic abuse.
"I'd say more in the 1990s, the administration of justice has been better educated on issues of spouses and children." Neuberger said."
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Warrant central to pot case
Newspaper publication in The Toronto Star by Tracy Huffman, March 24, 2005.
"Police say they entered grow op only to subdue vicious dogs. But lack of warrant jeopardizes evidence against the accused....His lawyer, Leora Shemesh, is arguing that his Charter rights were breached when police entered the home."
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Lax sentences blamed for proliferation of grow-ops
Newspaper publication in The National Post by Nicholas Köhler, March 5, 2005.
"But lawyer Joseph Neuberger, whose Toronto firm, Neuberger Rose ....says stiffer sentences are not the solution. "I don't tink people who are criminal are deterred by criminal penalties", he said."
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Mobster gets boot - Appeals could delay extradition
Newspaper publication in The Toronto Sun by Sam Pazzano, November 27, 2004.
"Caruana's lawyers Joseph Neuberger and David Rose argued their 58-year-old client was deprived of a fair trial with a lawyer when Sicilian courts tried him in absentia....Neuberger said he'll be filing a challenge at the Court of Appeal and also making written submissions to Justice Minister Irwin Cotler to stave off his client's extradition."
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Potheads told to butt out
Newspaper publication in The Toronto Sun by Sam Pazzano, October 8, 2003.
"In a landmark decision released yesterday, the Court of Appeal ended a two-year period where it was legal to possess personal amounts of weed...."It was legal to smoke yesterday and today it isn't. But it was a decision that tried to make everyone happy," Shemesh said. "Rules were relaxed so that licensed producers may make money for their work and before they couldn't.""
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Wary judge denies bail to Mafia kingpin
Newspaper publication in The National Post by Lee Lamothe, July 4, 2003.
"After a failed attempt yesterday at having a publication ban on the hearing, Caruana's lawyers, David Rose and Joseph Neuberger, attempted to have him released on bail, offering unusually strict conditions. Mr. Neuberger said the defence was conducting its own investigation into the Italian allegations and said the much-reported assets held by Caruana "almost rises to the level of folklore"".
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Mafia boss loses
Newspaper publication in The Toronto Sun by Philip Lee-Shanok, July 4, 2003.
"Caruana's lawyers, Joseph Neuberger and David Rose, argued that $100,000 bail against the family's $450,000 home in Woodbridge and strict reporting conditions would be enough to keep him around for his extradition hearing".
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Medicinal Pot Law Takes Hit
Newspaper publication in The Toronto Sun by Sam Pazzano, January 10th, 2003.
"Marijuana could be legal for everyone in Canada within six months unless Ottawa fixes its medicinal marijuana regulations or provides a legal source and supply to sick people, said one of the lawyers involved in the landmark Superior Court decisions yesterday".
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Pot regulations violate Charter: Ontario court
Newspaper publication in the Globe and Mail by Jan Gadd, January 10th, 2003.
"Canada's marijuana laws took another blow yesterday when the Ontario Superior Court ruled that Ottawa's regulations for medical users are unconstitutional because patients have no access to a legal supply of the drug".
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Crown, defence battle on DNA
Newspaper publication in The Toronto Sun by Gretchen Drummie, September 20th, 2000.
"Defence lawyer Joseph Neuberger, however, assailed the DNA evidence. He said the test results are flawed...Without the DNA the Crown has no case....If you accept our argument with respect to the flaws and the frequency calculations, then there is no case".
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Killer's lawyer slams Record story
Newspaper publication in the Kitchener-Waterloo Record by C. Prate, March 10th, 1999.
"The allegation in the article...in my opinion is without merit and not supported by my assessment of the evidence. It is reckless in the face of the evidence presented (at the inquest and criminal investigation)."
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'Voices' plagued killer mom: Pal
Newspaper publication in the Toronto Sun by Zen Ruryk, April 9th, 1996.
In outlining his client's case, defence lawyer Joseph Neuberger has told jurors that Mathison was so distressed at the time that she did not have the ability to form the intent necessary to commit murder .
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Accused feared jailed husband
Newspaper publication in The Guardian by Pam Douglas, April 9th, 1996.
Mathison was afraid her husband, Bob, was going to reach out beyond his jail cell to harm her, and her fears that someone was going to kill her became all-consuming, Neuberger said in his opening address to the jury Thursday.
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