Two men acquitted in 2007 Jane-Finch murder

A jury has acquitted two Toronto men in the 2007 murder of Allan Benn in a northwest Toronto housing complex, leaving a courtroom awash in emotion.

Shaun Blake and Mackel Peterkin, both 20, had faced charges of first-degree murder.

"Thank you Jesus!" shouted Peterkin's mother on Friday after the jury filed out. "This is what happens when you pray!"

Family members of both mean wept and danced for joy.

"I'm speechless ... I have no words," Blake said as he walked out of the courthouse into the warm sunshine.

"The justice system worked," Peterkin said.

"This is an extremely weak case that should never have been prosecuted in the first place," said defence lawyer Daniel Brown.

Two young offenders were also charged in connection with the killing of Benn. They will be tried separately in youth court this fall. Provisions in the Youth Criminal Justice Act prevent them from being named.

The Crown had argued during the trial that the accused killed Benn for "snitching" because he had warned a man who had won $1 million in a lottery that he might be a target for robbery if he returned to the neighbourhood.

Eventually, the robbery did happen.

Benn lived with his family in the Jane and Finch area.

Security footage from April 2, 2007 -- the day Benn died -- showed the victim walking towards a youth, then following that person out of camera range.

Blake and Peterkin were evident in some of the video footage.

Less than five minutes later, Benn comes back into view and falls down.

The Crown had argued that one youth actually did the stabbing, with the other three helping him carry out the attack.

The defence argued that the Crown had failed to provide enough evidence against Blake and Peterkin.

Det.-Sgt. Frank Skubic, the lead homicide investigator on the case, acknowledged that the evidence at trial was largely circumstantial but maintained there was adequate grounds to lay the charges in the first place.

"I respect the decison of the jury. They gave careful consideration and rendered the appropriate verdict," Skubic said.

The veteran officer added that Allen Benn's father was made aware of the verdict and was "very disappointed." The family reportedly couldn't bear the emotional strain of attending court.

With files from CTV Toronto's Chris Eby

Retooling the war on gangs and guns

Retooling the war on gangs and guns
125 suspects arrested in latest operation, but police vow to focus on worst offenders
April 02, 2009
BETSY POWELL
AND MICHELE HENRY
STAFF REPORTERS

It is almost a springtime ritual.

Hundreds of police officers from various forces fan out in pre-drawn raids across Greater Toronto and beyond to execute search warrants, arrest scores of people and lay dozens of drugs, weapons and gangsterism charges after a massive investigation that has a catchy name – in this case, Project Fusion.

A news conference follows with pronouncements made about the fruits of the law enforcement project, including the 40 guns seized yesterday, which police said will deal a "significant blow" to the firearm supply in east Toronto and make the streets safer.

As well, millions of dollars' worth of illicit narcotics, including cocaine and marijuana and ecstasy, were seized during several months of investigation, not just yesterday.

The Toronto Police Service says this time it is trying to do some things differently in its latest salvo in the war on guns and gangs.

Police Chief Bill Blair said that as the accused move through the courts a more streamlined process is planned aimed at avoiding some of the problems of previous projects that have targeted street gangs.

"The people who we arrested ... some of them are charged with less serious criminal offences so some of those people have been released or will be released over the next few days. Our intent is to ensure the detention of those people who pose a risk," Blair told a news conference at police headquarters.

In June 2007, Superior Court Judge Ian Nordheimer blasted the Crown for delays in bail hearings for nine accused street gang members caught in the Project Kryptic sweep. To show his disapproval of the delays, Nordheimer ordered the Crown to pay each of the defendants' court costs of $2,000.

Blair would not specify how many of those busted yesterday "pose a risk," but said 46 of the 125 people arrested are alleged to be members and associates of two gangs in southeast Toronto – the MNE, named for the geographic area of Markham Rd. and Eglinton Ave. E., and 400 Crew, named for the Toronto Community Housing buildings at 400 McCowan Rd.

In addition, police arrested others belonging to an "overarching criminal enterprise that supplies weapons and drugs to the street gangs." Blair said that group does not have a name but "they have been extremely well organized and sophisticated in their operation."

Police did not release any names of the people arrested yesterday.

One of the sharpest criticisms of previous projects has been that police arrest too many people and lay too many charges, many of them not serious, putting additional strain on an already overburdened court system.

Critics have also condemned such projects for being essentially public relations exercises that generate a lot of media attention because of the sheer numbers of charges laid.

"Usually these types of cases start with the police boasting about countless arrests only to see the numbers scale down drastically in the days and months leading up to trial," defence lawyer Daniel Brown said yesterday.

Yesterday's sweep did not zero in on a particular place or neighbourhood, unlike previous projects such as Kryptic, which was aimed at dismantling the Driftwood Crips in the Jane and Finch community, or Project Flicker, which targeted the Ardwick Bloods in the Islington and Finch area.

Project Fusion dovetailed two separate investigations by Toronto and Durham Region police that had, as a common "focal point," a place called Supreme Auto Group, which was identified as a "significant distribution point for firearms and for controlled substances," said Durham Regional Police Supt. Jim Douglas, who also attended the news conference.

Other police leaders in attendance acknowledged this project will not end the existence of street gangs and the associated violence.

Report laments legal aid snag

Report laments legal aid snag

Most cases go to junior defence lawyers who lack experience, creating 'vicious circle,' authors find

Nov 29, 2008 04:30 AM

Tracey Tyler
Betsy Powell
Toronto Star

The defence of people charged in some of Ontario's biggest criminal cases – as well as millions in public money – is being placed in the hands of unseasoned junior lawyers, some with less than four years experience, a new report says.

More than half of all legal aid certificates issued in complex criminal cases are going to lawyers who have been practising fewer than ten years and lack the judgment needed to conduct trials in a focused manner, according to the report.

The report was released yesterday at a Queen's Park news conference by Attorney General Chris Bentley. It's aimed at moving large cases through the justice system faster and avoiding the fate of a recent corruption trial involving Toronto police officers, which collapsed this year after a decade in the courts.

Bentley was joined by the report's authors, Patrick Lesage, a former chief justice, an
Michael Code, a University of Toronto law professor who once served as assistant deputy attorney general.

After combing through data from the files of Legal Aid Ontario, Lesage and Code found approximately 28 per cent of defence work in big cases funded by legal aid is performed by lawyers with less than four years experience.

At the same time, the legal aid plan is attracting fewer and fewer senior lawyers. Most are unwilling to commit themselves for months or years to cases at rates that don't cover their overhead. The top rate is about $92 an hour.

"We appear to be trapped in a vicious circle: the longer criminal trials become, the less likely it is that leading counsel will agree to conduct them on a Legal Aid certificate; and yet having leading counsel conduct the defence in these cases is one of the solutions to the overly long trial," Code and Lesage write.

Among their 41 recommendations is a call for "enhanced fees" in complex cases, using criteria so restrictive that only "the most able counsel" qualify. Frank Addario, president of the Criminal Lawyers' Association, applauded the general principle of enhanced tariffs, arguing that paying more to lawyers will prove "revenue-neutral."

"What's paid out will be recouped over and over by savings on everything else that drives up the cost of complex cases," he said.

But while Bentley said both he and Premier Dalton McGuinty are determined to have "a faster, more effective criminal justice system," he made no promises yesterday beyond a vague pledge to get legal aid to "a better place." He's focused his attention on less expensive changes, including moving Crown attorneys into police stations to advise police in the early stages of a case.

Doing so, said Bentley, addresses a recommendation by Lesage and Code that police and prosecutors work more collaboratively on issues, including the disclosure of evidence to defence lawyers.

That was one of the troubling areas cited by a judge in the police corruption case that precipitated the report. In staying charges against six drug-squad officers, Justice Ian Nordheimer quoted a letter from RCMP Chief Superintendent John Neily, imploring the Crown to help manage the mountain of documents in the investigation. He got no response. Nordheimer blamed the Crown for much of the delay that led to the stay. The Attorney General has appealed.

Bentley said yesterday Crowns will be assigned to police stations in Toronto, Peel, Ottawa and Windsor.

But some defence lawyers involved in large-scale prosecutions are skeptical.

"The Crown and police can't be any closer than they already are," said defence lawyer Richard Posner. "Police have access to Crown attorneys around the clock."

Daniel Brown said special prosecutors have been involved in the earliest stages of several gang projects, yet Ontario is still experiencing lengthy trial delays.