Unprecedented Cooperation – Mark Sandler and Michael Bryant

When Richard peck was appointed special prosecutor in the case against Michael Bryant he brought along Toronto lawyer Mark Sandler to manage the case. Mr. Sandler directed much of the case. He interviewed witnesses, made virtually all of the court appearances for the Crown and it was he, and not Richard Peck, who interviewed Michael Bryant and his wife, Susan Abramovitch in March 2010. Sandler was also the person who suggested that the Crown interview the Bryant’s only after all the crown’s evidence was presented to Bryant and his lawyers.

Mark Sandler is a Toronto criminal defence attorney who is well established in the Toronto criminal defence bar. He is a partner at Cooper, Sandler Shime & Bergman LLP and is a three term bencher at the Law Society of Upper Canada. He has a history of working closely with the Ministry of the Attorney General during Michael Bryant’s term. He is a prominent member of the Advocates Society which was co-founded by his partner Austin M. Cooper.  Michael Bryant’s attorney, Marie Henein was the vice-president of the Advocates Society in 2009 and its president in 2010-11.

Sandler’s daughter worked as an assistant Crown Attorney in the Attorney General’s office and he wrote a book with Susan Abramovitch’s lawyer, Doug Hunt.

In his book “28 Seconds” Bryant went into detail about special prosecutor Richard Peck’s background but he avoided any mention of Mr. Sandler’s background, experience and connections.

In “28 Seconds” on page 205 Michael Bryant wrote:

“But I learned something about the criminal defence bar in Toronto. They stick together and work together to help each other, even if they’re not retained on the case. This doesn’t apply to every lawyer, but amongst those who reciprocate, there is a small group of colleagues who advance the interests of the accused, at large. So Marie was able to consult with any number of senior criminal lawyers including a couple of my own supporters, who happened to be strong legal minds.”

Here is a table (2 pages) documenting some of the connections between Mark Sandler and Michael Bryant. SANDLER – BRYANT Collaboration

Media Backgrounder

Reblogged from The Darcy Allan Sheppard Documents:

RE: MEDIA CONFERENCE, May 23, 2013, NATIVE CANADIAN CENTRE OF TORONTO, 16 SPADINA ROAD, TORONTO ON M5R 2S7

There are serious questions and concerns about a statement read at a May 25, 2010 court hearing by Special Prosecutor Richard Peck and about an “Executive Summary,” condensed from that statement and distributed to media and others afterward.

Read more… 3,709 more words

Police Reconstruction report shows Michael Bryant as aggressor

Documents raise troubling questions regarding prosecutor’s decision to drop charges against former Attorney General.

Darcy Allan Sheppard’s father has released the police collision reconstruction report, officers’ memo books, summary records of 911 calls and other documents that point to questions about freelance prosecutor, Richard Peck’s explanation of his decision that relate to his son’s death.The police reconstruction report contains statements from nineteen eyewitnesses, none of whom mention Michael Bryant’s car stalling. Witnesses clearly paint Bryant as the aggressor, confirming what the surveillance video has already shown.

According to media reports of the court proceedings Michael Bryant received the police reconstruction report on or about March 5, 2010. According to Bryant’s book Mark Sandler interviewed him on March 23, 2010. It should be noted that the reconstruction report makes no mention of the possibility that Bryant’s car could have stalled. It seems this claim may have first been made on March 23, 2010.

View the police reconstruction report here.

From the conclusions of the police report:

Mr. BRYANT struck Mr. SHEPPARD not once, but twice from a stopped position on Bloor Street West east of the pedestrian signalized intersection which was captured on a building security cameras at#102 Bloor Street West.

There was no physical evidence, or independent witness statements suggesting Mr.SHEPPARD affected the steering of the Saab, or anything to suggest he physically attacked Mr. BRYANT.

Media Advisory - Bryant / Sheppard Case

Reblogged from The Darcy Allan Sheppard Documents:

FOR IMMEDIATE RELEASE

May 16, 2013

Victim’s father to release Freedom of Information documents online, May 21, and raise questions and concerns at media conference, May 23

On 31 August 2009, cyclist Darcy Allan “Al” Sheppard died as a result of an altercation involving motorist Michael Bryant, who was then head of Invest Toronto and had recently been Attorney General for Ontario in the Dalton McGuinty government.

Read more… 408 more words

Chutzpah, thy name is Michael Bryant

 Recently published in the Alberta Street News

By Allan Sheppard

Leo Rosten in The Joys of Yiddish defines chutzpah as “gall, brazen nerve, effrontery, incredible ‘guts,’ presumption plus arrogance such as no other word and no other language can do justice to.” In this sense, chutzpah expresses both strong disapproval and condemnation. In the same work, Rosten also defined the term as “that quality enshrined in a man who, having killed his mother and father, throws himself on the mercy of the court because he is an orphan.” –Wikipedia

I’d like to propose an alternative definition (or example) of chutzpah: that quality enshrined in a man (former Ontario Attorney General Michael Bryant) who, having killed a cyclist with his car on a street in Toronto, writes a book—28 Seconds, A TRUE STORY OF ADDICTION TRAGEDY AND HOPE—that, among other things, (a) blames the victim and/or the car for what happened, (b) condemns the police for arresting and detaining him; failing to investigate the case rigorously; and showing bias against him in those and other instances, and (c) chides the media for rushing to judgment and reporting the incident inaccurately.

That is a nutshell summary of some of the points Mr. Bryant makes in his book released on August 21, just in time for my annual trip to Toronto to visit family and friends.

So what’s the point, you may ask. Mr. Bryant got much generous media coverage that gave him friendly opportunities to display his chutzpah and perhaps sell a few more books. Does it really matter?

It matters to me, because the cyclist who died at 33 was my son, Darcy Allan Sheppard, an off-duty bicycle messenger in Toronto. It matters to Darcy Allan’s brother (and my son) David and to the many members of their large adoptive and birth families. Our reasons should need no further explanation.

Evidence contradicts Bryant

Bryant Watch, September 3, 2012

The media have allowed Michael Bryant to rewrite the facts and evidence of his case to support his version of the events. Here are important pieces of evidence ignored by the media.

 

Sheppard did NOT touch the steering wheel

Bryant writes:

“The car suddenly swerved sharply to the left, almost 45 degrees. I have no recollection how that happened. He must have grabbed the wheel. In wrestling for control of the car, we crossed to the south side of the street, heading westbound into the eastbound lane.”

There is no evidence in the court transcript that suggests Sheppard grabbed the steering wheel. His blood and fingerprints were not found on the steering wheel. Richard Peck tells us where Sheppard’s blood was found:

“Traces of blood were located on the inside of the driver’s windshield, the driver’s side pillar supporting the windshield, and the inside of the driver’s door.”

No witness testimony to support Bryant’s statement that his car stalled

Bryant says his car stalled and he tried to start it 3 times. The police said they took statements from many witnesses. Christie Blatchford reported that witnesses described “a toot of the horn and a shout to get moving from Mr. Bryant” and “Mr. Bryant edging his convertible closer, and by one account, actually hitting Mr. Sheppard’s bike” These statements match the video.

In his executive summary Richard Peck often cites either (but not both) forensic evidence or witness testimony to support Michael Bryant but in most cases he doesn’t allow the reader to know when evidence contradicts or fails to support Bryant’s version of the events. Yet in this case Peck carefully avoids witness testimony even though he cites the testimony to say that Sheppard showed aggressive behaviour after he was hit by the car.

Michael Bryant’s complaints of harsh treatment by Toronto Police proven false

Bryant’s Lawyer praised Police investigation

Bryant Watch August 27, 2012

Michael Bryant in custody

Michael Bryant’s memoir about the night he killed Darcy Allan Sheppard is to be released tomorrow. The book is entitled “28 Seconds” and gives his self-serving account of the events that evening.

Bryant has been on a media tour of soft-ball interviews allowing him to promote the book while avoiding questions regarding the parts of his version that directly conflict with the evidence and or prior statements contained in court transcripts. Bryant revealed that he was an alcoholic until 2006. It’s not known if and when he had any relapses because no one in the media had asked him the question.

One of the new charges Bryant raised is police rushed to judgment when they charged him in Sheppard’s death.

“He is wrong,” police spokesman Mark Pugash protested.

“He had a team of very aggressive, very good lawyers whose job it is to jump on anything that will help their client, and we haven’t heard anything about this (until now),” Pugash said. “If he had all these concerns, why has he been quiet for the last three years? Why have his lawyers not raised a single one of these concerns?”

In fact in the court transcripts Bryant’s lawyer Marie Henein praised the treatment Bryant received from police:

“I want to take a moment to also express our thanks to Detective Britton, Detective Lane, Detective Lalla, for a thorough and evenhanded investigation.

I was confident throughout this case that we would be treated the same as, not better and not worse, than any other accused, that Mr. Peck would do no more and no less than is demanded in the prosecution of any case.”

Protest Michael Bryant’s Appearance at the ROM

On August 31, 2009, former attorney general for Ontario, Michael Bryant, killed cyclist Darcy Allan Sheppard in one of the most violent and horrific cases of road rage in Toronto’s history.

The attack and killing were captured by surveilance video and witnessed by many who were willing to share their accounts. A special prosecutor, Richard Peck, with ties to the liberal party and a propensity to avoid prosecuting those in powerful positions or law enforcement worked with the defense team to document and publish Mr. Bryant’s version of the events.

Even though the prosecutor had a history of refusing to take these types of cases to trial it still came as a shock to Ontarians when he refused to prosecute his fellow BC born, boxing politican and lawyer.

Since then Mr. Bryant has announced a publishing deal to repeat his version of the events in book form and has sought out every opportunity to appear before the cameras. Not once has he taken any responsibility for a death caused by his deliberate and reckless actions.

On March 29, 2012, Michael Bryant, champion of the 1%, will once again seek the spotlight. He will be speaking at the Royal Ontario Museum, RBC Foundation Glass Room discussing policy options for the Liberal Party of Canada followed by an opportunity to mingle and have drinks at the exclusive Bedford Academy, 36 Prince Arthur Avenue.

There is a call to protest Michael Bryant’s appearance here.

Meet at the ROM at 5pm on March 29.

Darcy Allan Sheppard – A life’s last moments

Mess Media, December 7, 2009

Darcy Allan Sheppard

On August 31, 2009, former attorney general for Ontario, Michael Bryant, killed cyclist Darcy Allan Sheppard in one of the most violent and horrific cases of road rage in Toronto’s history.

Neither Michael Bryant nor his wife, entertainment lawyer Susan Abramovitch, gave statements to police regarding the circumstances that led to Darcy Allan Sheppard’s death. They will have many months to tailor their testimonies to fit the known evidence and weave it seamlessly into a vigorous defense mounted by one of the most elite criminal lawyers in the country.

Bryant’s victim, Darcy Allan Sheppard, who was known as Al to his friends, will not have a voice at the trial. He will not have an opportunity to challenge Michael Bryant’s carefully scripted and rehearsed testimony. He will not have a chance to correct Bryant’s devoted wife and an experienced lawyer when she unconditionally supports her husband of twelve years on the witness stand.

Al’s voice needs to be heard. It’s important that people have an opportunity to understand his life’s last moments. Al could have been any one of us. He just happened to be the cyclist who crossed paths with a driver on the verge of a road rage meltdown.

I have attempted to rebuild those last moments of Al’s life from his point of view. All of the events are based on the factual evidence contained in security camera video, witness statements and news reports. Al’s point of view is also primarily based on the factual evidence as well as my own experiences as a bike messenger and cyclist.

Apparently (Al Sheppard) – The lyrics

The lyrics to Uncle Dropsi’s and Sunny D’s tribute to Darcy Allan Sheppard are up at the New York City Messenger blog Smashenger

Intro (edited version for youtube etc): We and him used to get along / cause x-amount of bangarong (translation: cause a whole heap of crazy funtimes)

You’se a plaintiff with a tainted past, you ain’t entitled to trial
No need to hear your side, whether you’re dead or alive
Throw enough dough at a PR firm and the defendant won’t see trial
Still jog the beach and smile, maintain a bling lifestyle

Dropsi: Hey kids! Some advice for all y’all / get arrested when you’re someone you get 2 phonecalls
Personalities galore show examples, go ahead ask Winona Ryder, or Gordon Campbell
But they didn’t leave my pal to die in the street / hiding in the Hyatt lobby making alibis meet
They didn’t kill somebody breaking laws that they helped write, but at least one of them knows what a pitbull looks like

What a joke, eh? Listen up clear all about your justice system how it works two tier
Type for trailer park trash who love to drink beer ain’t the same as the one for the cats who own Lears
One for diplomats who drop half a mil a year between drugs and rehab clinics far and near
One for royalty and folks too rich to know fear and one for [niggaz] who can’t even afford to chuck spears
See what I’m getting at? It’s all about cash / with enough of it the laws you infract get bypassed
Wanna break some? Put aside about two mil/ that should cover for your legal fees and PR bill