I believe, Ken Murray, did his job, to protect his client but broke ethics while doing so. (5 th). A hue and cry went up from the press and other news media suggesting that the attorneys should be found guilty of such crimes as obstructions of justice or becoming an accomplice after the fact. Even under these circumstances he should, in my view, notify the prosecution well before the trial of his possession of the pistol. The tapes demonstrated that Bernardo was the prime culprit in the assaults while Karla assisted in them and in their videotaping.

Justice Gravely held that the concealing of the tapes for 17 months until Bernardo’s trial had a tendency to obstruct the course of justice, and therefore the actus reus of the offence was proved. At that time, there was no jurisprudence in Canada that provided direction, and the Rules of Professional Conduct in Ontario were largely silent on the issue.
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ken murray lawyer

ken murray lawyer


• After a trial that continued for seven weeks, Justice Patrick Gravely delivered written reasons for acquitting Mr. Murray,. Equitable Tolling.

By researching lawyer discipline you can: Copyright © 2020, Thomson Reuters. For a limited time, find answers and explanations to over 1.2 million textbook exercises for FREE! The attorney then resigned from the defence. All of the American cases I have referred to involve incriminating evidence that apparently had no value for the defence.

They were not covered by the solicitor-client privilege.

There were also commentaries on the issue in articles published in legal journals. By thus allowing the prosecution to recover such evidence, the public interest is served, and by refusing the prosecution an opportunity to disclose the source of the evidence, the client’s privilege is preserved and a balance is reached between these conflicting interests. Of course they are not binding in Canada; nor are they binding on courts in the United States.

It was later submitted that the critical tapes demonstrated that Karla was guilty of the murder of her sister and all the tapes put the lie to Karla’s statements to the authorities that she was an abused wife who was under the  control of her husband.

He was called as a witness against his former client to prove his receipt of the plan from the third party and its connection to the accused. Karla Homolka was vigorously and effectively cross-examined by defence counsel to demonstrate that she was not an abused coerced wife who unwilling indulged in sexual activity with the victims, but a person who enjoyed sexually assaulting them and could be their killer.

Law and Biosciences Fellowship Opportunity. The court held that having been instrumental in altering or removing the physical evidence of the wallet, and thereby preventing the police from finding it later in the garbage can, the defendant could not invoke the claim of privilege to prevent disclosure of where the wallet was found; in effect, by removing the wallet, the defence had “destroyed” critical information.

2d 798 (1975), affd 376 N.Y.S.

The tapes were locked in a safe in his office. For those of us who practice in the criminal law, there are still ethical and practical problems associated with the possession of physical evidence that might be considered inculpatory of our clients. And it should be noted that Justice Gravely, in his judgment, did not refer to the portion of Standard 4-4.6 relating to use of the evidence for the defence. Ken Murray Intellectual Property Law, Patent Prosecution, Innovation Management, Corporate Governance Sacramento, California 500+ connections
Are you required to withdraw from the defence because you may be a witness? The facts regarding the death of her sister Tammy would be read in during her sentencing hearing, and the crown and defence would jointly submit that imprisonment for 12 years would be an appropriate sentence for her.

Key Murray Law is the largest independent legal firm in Prince Edward Island. Defence counsel at trial argued that although the wallet itself was not privileged, its location was, and that the prosecution should be denied the opportunity of proving the wallet was in the trash can because the source of that information came from defendant in a privileged communication. Then he should withdraw from the case as he might be a witness, and he should promptly advise his client as to what he was instructed to do. The court said further:  “The evidence in the present case would be protected for a reasonable period of time if it is of value to counsel in the preparation of the defence of the client’s case.”[8]. Therefore, one might ask, how should counsel guide themselves when faced with the problem of evidence that may be incriminating of their clients without placing themselves at risk of prosecution/  I suggest that if a serious issue arises in this area counsel would be wise to consult promptly with senior counsel in confidence for independent advice as to how to deal with the matter. Home; About ; Author Archives: Ken Murray. “This is the gun I shot him with.”  The panelists were asked what the lawyer should do with the weapon. If defence counsel discloses the location of or delivers the item to law enforcement authorities under paragraphs (a) or (d), or to a third party under paragraph (c)(1), he or she should do so in the way best designed to protect the client’s interests. The seminal U.S. case is State v. Olwell,[6] decided by the Supreme Court of Washington in 1964. Since the Murray decision, counsel may have difficulty maintaining that they believe they have no obligation to disclose incriminating evidence.

The lawyer became concerned as to whether he had acted properly in putting the bloody shirt in his office file, and he called the late Arthur Maloney, then a prominent criminal lawyer, and sought his legal advice in confidence. Four of the tapes (the “non-critical tapes”) showed Karla performing sexually provocative acts, once with a prostitute, and once while play-acting for the camera, during which she made sexually explicit comments.

In a later case in 1978 in Alaska,[10] the defendant was charged with kidnapping and multiple rapes. Under what circumstances should defence lawyer be legally obligated to violate lawyer-client privilege? Mr. Rosen, about 12 days afger viewing them, turned them over to the police. In my view the time has come for the governing bodies of the legal profession to establish a specific code of professional conduct with respect to the defence function. We recommend using Google Chrome , Firefox , or Microsoft Edge . We recommend using Google Chrome , Firefox , or Microsoft Edge . Defence counsel may receive the item for a reasonable period of time during which defence counsel: (1)intends to return it to the owner; (2) reasonably fears that return of the item to the source will result in destruction of the item; (3) reasonably fears that return of the item to the source will result in physical harm to anyone; (4) intends to test, examine, inspect, or. Our Toronto criminal lawyers at Cooper, Sandler, Shime & Bergman LLP serve the Greater Toronto Area and Ontario, Canada. We recommend using But if he wouldn’t take it or if he ran away before the lawyer could collect his senses and that might well happen, then I think the lawyer should consider handling the gun with great care so as not to either leave any fingerprints on it or obliterate any that might be there and then deliver it to the policy or preferably, I think, to the Drown attorney saying merely that a person whose name is cannot divulge left the gun in his office. Performance & security by Cloudflare, Please complete the security check to access. Defence counsel should also prepare a written record of these events for his or her file, but should not give the source a copy of such record. How often do you settle cases out of court? In the Murray case[4] it was proved that on May 6, 1993, after he was retained by defend Bernardo for domestic assault and a number of rapes in Scarborough, and while a police investigation was ongoing for two murders, on Bernardo’s written instructions, Mr. Murray retrieved six videotapes from the bathroom ceiling on the second floor of the house that Bernardo occupied with his wife, Karla Homolka. As one of can see, Stands 404.6(c) recommen2ds generally that defence counsel should return the item to the source from which they received it. Subsequently, Mr. Murray was charged with attempt to obstruct justice for concealing the critical tapes for 17 months. One of them, the noted counsel Joseph Sedgwick, Q.C., is recorded as saying:[2].

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[12] 372 N.Y.S.

Criminal defense: 33%. Kenneth F Murray Save.
About Similar lawyers Contact Reviews Cost. The American standard also accords with some of the comments of the eminent Canadian counsel on the panels to which I have referred, where the issues arising from possession of the proverbial “bloody shirts” and “smoking guns” were discussed. Read all of the posts by Ken Murray on Law and Biosciences Digest.

What is your legal (and ethical) obligation in respect to those letters? He suggested that the man remove his shirt; the lawyer put it in his file. Accordingly, I suggest that it might not be inappropriate to advise clients in those circumstances:  “It is evidence that might convict you; if you give it to me, I may have to turn it over to the prosecution. The court said:[7]. [14], [1] This article is based on a paper delivered to the Hamilton Criminal Lawyers Association on November 2, 2000. A man enters a lawyer’s office and says that he has just killed a man and expects to be arrested shortly for murder.

Tim Danson, lawyer for the victims' families, says his clients have "no position" on whether the Crown should appeal the decision but they refute the claim that the tapes would have helped Bernardo's case. I cite the case to demonstrate the consequences for defence counsel even when it is demonstrated that he or she acted professionally in a case which was notorious and where there was public pressure on the authorities to do something.

I believe, Ken Murray, did his job, to protect his client but broke ethics while doing so. (5 th). A hue and cry went up from the press and other news media suggesting that the attorneys should be found guilty of such crimes as obstructions of justice or becoming an accomplice after the fact. Even under these circumstances he should, in my view, notify the prosecution well before the trial of his possession of the pistol. The tapes demonstrated that Bernardo was the prime culprit in the assaults while Karla assisted in them and in their videotaping.

Justice Gravely held that the concealing of the tapes for 17 months until Bernardo’s trial had a tendency to obstruct the course of justice, and therefore the actus reus of the offence was proved. At that time, there was no jurisprudence in Canada that provided direction, and the Rules of Professional Conduct in Ontario were largely silent on the issue.

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