Regina v. S.M. (2012)
Client charged with second degree murder along with five other persons in an alleged beating death of an inmate in jail. Defence lawyer Joseph Neuberger argued at the preliminary hearing that there was insufficient evidence to find intent to kill or recklessness as to death occurring. The preliminary hearing judge committed S.M. on manslaughter, and not murder. The case is now proceeding to trial.
Regina v. Rinella (2011)
Charges of Conspiracy to Commit Murder and Counseling to Commit Murder, stayed in the Superior Court of Justice, Toronto, after two trials that resulted in mistrials. The client, an alleged Dominatrix, was charged in 2004 with conspiring with her client to kill his wife. The main Crown witness was the former husband of Rinella, who was alleged to have been the hired hitman. Prior to the murder, a party working with the hitman was arrested and gave information about the alleged plot. All parties were subsequently arrested. The alleged hitman cooperated with the police and became the primary witness against Rinella and her co-accused at trial. Evidence collected from the hitman included taped meetings between the hitman, Rinella and her client. These tapes were not a complete record of all discussions of the accused persons, but were alleged by the Crown to be sufficient to establish a clear plan to commit the murder.
Defence lawyer Joseph Neuberger, at the most recent trial, cross-examined the hitman on the basis that the tapes were incomplete and that there were other taped meetings that would show that the alleged murder plot was in fact a drug fueled role playing fantasy, and not a genuine plan to kill anyone. Joseph Neuberger demonstrated in cross-examination that there was plenty of evidence to establish role and fantasy play involving all parties, as well as excessive drug use, showing that this was just fantasy. In addition numerous inconsistencies in his evidence were highlighted during cross-examination ny Joseph Neuberger. A second crucial Crown witness at trial admitted that there was at least one other tape of a meeting that was not disclosed by the hitman. The trial ended in a mistrial just before completion of the evidence.
Since the end of the most recent trial, evidence sought by the defence regarding a related investigation into the suspicious death of a person who attempted to extort money from Rinella's co-accused, demonstrated a flawed investigation that in the end may have implicated the hitman. This evidence would have had a significant impact on the credibility of the Crown's main witness and damaged the integrity of the Crown's case.
Just before the commencement of the third trial, on December 5, 2011, the Crown stayed all charges against Rinella and the co-accused.
See media coverage:
Charges stayed against media magnate, dominatrix in alleged murder conspiracy
Stay ends "dark and desperate time" for client, says Neuberger
Dominatrix murder conspiracy case halted
Regina v. K.M. (2011)
Charges of Mischief to Property over $5,000.00 x 3, Weapons Dangerous, and Carry Concealed Weapon withdrawn at trial in the Ontario Court of Justice. The client was arrested based on being identified as a black male matching the description of a suspect who was breaking into vehicles in a nearby parking lot. When searched a knife was seized by the police from K.M. The police gave K.M. his rights to counsel but then drove K.M. to a location where K.M. said he had just come from and then to the scene of the break and enters. Some 32 minutes later the police took K.M. to the police station where K.M. never had the opportunity to speak with counsel. Defence lawyer Joseph Neuberger brought a Charter application alleging violations of sections 7, 8, 9, 10(a) and (b) and sought a stay of the charges. Joseph Neuberger argued that the police did not inform K.M. of the true nature of his detention and failed to act promptly to ensure the client had the opportunity to obtain much needed legal advice. As a result of this compelling argument, the Crown withdrew all charges.
Regina v. K.M. (2011)
Charges of Mischief to Property over $5,000.00 x 3, Weapons Dangerous, and Carry Concealed Weapon withdrawn at trial in the Ontario Court of Justice. The client was arrested based on being identified as a black male matching the description of a suspect who was breaking into vehicles in a nearby parking lot. When searched a knife was seized by the police from K.M. The police gave K.M. his rights to counsel but then drove K.M. to a location where K.M. said he had just come from and then to the scene of the break and enters. Some 32 minutes later the police took K.M. to the police station where K.M. never had the opportunity to speak with counsel. Defence lawyer Joseph Neuberger brought a Charter application alleging violations of sections 7, 8, 9, 10(a) and (b) and sought a stay of the charges. Joseph Neuberger argued that the police did not inform K.M. of the true nature of his detention and failed to act promptly to ensure the client had the opportunity to obtain much needed legal advice. As a result of this compelling argument, the Crown withdrew all charges.
R. s. S.(A) - 2010
After David Rose represented client at contested Bail Review in Superior Court in Parry Sound, client is released to bail on charges of Possession of Loaded Handgun.
Seth v. Her Majesty the Queen (2001) conviction for manslaughter overturned due to unreasonable verdict
Read the Court of Appeal judgement, click here
Regina v. Rinella (2010)
Client charged with Conspiracy to Commit murder released on bail and subsequently charged with fail to comply recognizance was acquitted pursuant to lawyer Stacey Nichols successfully arguing that requisite means not present to substantiate charge.
Regina v. J.B. (2009)
David Rose obtained Bail in Superior Court for client facing Second Degree Murder Charge.
.Regina v. A.W. (2008)
Client discharged after complex, 5 month preliminary hearing on charge of first degree murder. Lengthy and detailed cross-examination by Stacey Nichols of several Crown witnesses and comprehensive closing arguments resulted in Preliminary Hearing Judge finding that there was no evidence capable of supporting committal of client to trial on charge.
