Tuesday, December 22, 2009

Calvin Barry- December 2009

Doctor connected to Tiger facing PED charges

Officials with United States Customs have arrested a Canadian doctor who has treated Tiger Woods and a list of top American athletes after his assistant was found in possession of growth hormone and other drugs purportedly intended for Dr. Anthony Galea when stopped and questioned at the border near Buffalo, New York on September 14th, according to Mike Fish of ESPN.

Our View: Officials report Galea has been the focus of an ongoing investigation in a joint effort of American and Canadian authorities. Galea is expected to appear Friday morning in a Canadian court in Toronto, according to attorney Brian Greenspan. He will face two charges of conspiracy as well as charges on the Food and Drug Act and Controlled Substances Act. In a news release, the Royal Canadian Mounted Police said an unnamed assistant was apprehended after she was found to be in possession of Actovegin, a drug extracted from calf's blood that is illegal in the United States and not approved for use in Canada. In an interview with ESPN.com, Toronto criminal attorney Christophe Preobrazenski, who represented Galea at the time of his arrest, identified the assistant stopped by authorities at the Peace Bridge entry port as Mary Anne Catalano. Catalano's Toronto-based defense attorney, Calvin Barry, confirmed Wednesday that Catalano is no longer employed by Galea. Barry refused to shed light Wednesday on the drugs found in Catalano's possession or Galea's practice, citing the fact that she still faces criminal charges.


http://www.rototimes.com/pga/news.php?tqid=2433&type=news&nid=2340

Monday, December 21, 2009

Calvin Barry, Toronto Criminal Lawyer

Toronto doctor's charges not linked to Tiger Woods: Lawyer

Laura Stone and Jordana Huber, Canwest News Service

Published: Friday, December 18, 2009

TORONTO - Criminal charges faced by Toronto sports medicine doctor Anthony Galea are not related to golfer Tiger Woods, a lawyer for the doctor said Friday.

"Any suggestion of any linkage to Tiger Woods is non-existent," Brian Greenspan said outside a Toronto courthouse after a brief appearance on behalf of his client who is facing four charges related to the unapproved drug Actovegin.

Actovegin, a drug extracted from calf's blood, is illegal for sale in Canada and is banned by the World Anti-Doping Agency if used intravenously, but is widely available elsewhere.

Greenspan said his client did not supply any athletes with performance enhancing drugs and any media reports suggesting otherwise "have been created by speculative journalists who simply would like a wish-fulfilment of a relationship between performance enhancing drugs and Dr. Galea."
"(Actovegin) is part of a cocktail that a lot of sports medicine physicians throughout the world use to accelerate the healing process after an injury. There is nothing performance-related, or performance-enhancement related, to the allegations," said Greenspan.

A spokesman for the World Anti-Doping Agency said they have tested Actovegin and it does not contain growth hormone or prohibited hormones.

However, the agency "closely monitors Actovegin since we are aware of its use in some sports, possibly in conjunction with other substances that may be prohibited," said WADA spokesman Frederic Donze.

Greenspan said Galea's past treatment of Woods is "irrelevant to why I'm here and to why Dr. Galea is before the court."

On Wednesday, the doctor - who has worked with sports figures from Woods to Canadian skater Patrick Chan to the Toronto Argonauts - was officially charged with four offences following his arrest on Oct. 15 at his sports clinic in Etobicoke, Ont.

Greenspan suggested that the charges relate to an incident in September when Galea's assistant, 32-year-old Mary Anne Catalano, was apprehended at the Canada-U.S. border with Actovegin and human growth hormone. The assistant was also found to have other unlabelled vials that are being tested in labs, according to the RCMP.

The seizure prompted the Canadian investigation, leading to a search of the doctor's lab where authorities found what they believed to be Actovegin.

Galea is due back in court at the end of January, when the contents of the search documents are expected to be revealed. Catalona may be called as a witness, said her Toronto lawyer Calvin Barry. She has her own court date in January in New York State.

Thursday, December 17, 2009

Calvin Barry, Toronto Criminal Lawyer

Tiger Woods' doctor Tony Galea had no U.S. medical licenses, assistant MaryAnne Catalano told feds

By Teri Thompson, Michael O'Keeffe, Christian Red and Nathaniel Vinton

DAILY NEWS SPORTS WRITERS

Originally Published:Wednesday, December 16th 2009, 1:38 PM
Updated: Wednesday, December 16th 2009, 5:56 PM

When MaryAnne Catalano was stopped at the U.S.-Canadian border this fall with a bag of drugs and medical supplies belonging to Dr. Tony Galea in her possession, she told federal border agents that her boss, who had treated Tiger Woods and other pro athletes, had no medical licenses in the United States.

That could deepen the legal troubles for Galea, who was officially charged with four drug offenses Wednesday by the Royal Canadian Mounted Police. Galea was charged with selling the unapproved drug Actovegin, derived from calf's blood, conspiracy to import an unapproved drug, conspiracy to export a drug, and smuggling goods into Canada. According to the Canadian police, "The R.C.M.P. is alleging that it was Galea's intent to treat some of his patients outside Canada with Actovegin." Actovegin is illegal in the U.S. and Canada.

Galea has publicly admitted to treating Woods to "blood-spinning" treatments at Woods' home in Florida. Practicing medicine without a license is a crime in Florida, where an online database of healthcare providers kept by the state's Department of Health shows no record of Galea having been licensed to practice medicine now or in the past. The American Medical Association said it has no record of Galea being a member of that group. According to the American College of Sports Medicine, his membership in that group, which does not require a U.S. medical license, has expired.

According to Susan Smith of the Florida Department of Health, authorities are looking into whether Galea practiced without a license. "We don't know the details of this event," Smith said. "We have referred it to our Unlicensed Activity investigators for review."

After her arrest at the Peace Bridge point of entry near Buffalo, Catalano waived her right to remain silent and told law enforcement officers that day that Galea had told her to bring the drugs and other items into the U.S. because "he had been flagged." According to the affidavit filed by special agent Justin Burnham of U.S. Immigration and Customs Enforcement, Catalano told authorities that "her employer holds no medical licenses in the United States and that she knew that administering these medications while in the United States was illegal."

Galea's attorney, Brian Greenspan, said he will appear on his client's behalf at a court hearing in Toronto Friday, and expects to receive further documentation of evidence the Canadian authorities gathered in an October search of Galea's clinic. Catalano, Galea's assistant, was carrying 20 vials and 76 ampoules of various drugs - along with 111 syringes - in her Nissan Rogue, including Nutropin-brand human growth hormone when she was arrested on Sept. 14, according to court documents.

"She no longer works there and it's before the courts," Catalano's attorney, Calvin Barry, told the Daily News Wednesday. "She's cooperating fully with authorities on both sides of the border…My understanding is at most she'll be a witness."

Barry said that his client had not spoken to Galea since her arrest.

Wednesday's news release from the RCMP referred to an associate of Galea's saying the person was "apprehended leaving Canada (for the United States) with the unapproved drug known as Actovegin," an extract that has raised alarms in anti-doping circles since at least 2000, when it appeared on the Tour de France.

After her arrest at the Peace Bridge point of entry near Buffalo, Catalano waived her right to remain silent. According to the affidavit, Catalano told customs agents that Galea "had problems attempting to import these same items into the United States on previous occasions and that he had advised her that he was flagged at the border. As a result, Catalano stated that her employer asked her to bring these items into the United States." The affidavit also says that Catalano stated that she was told by her employer that if she was questioned about the purpose of her trip, she should say that they were coming to the United States for a conference with other medical professionals and that none of the equipment she was bringing into the United States was for treating patients."

ESPN.com first reported Wednesday details of Catalano's border arrest.

Galea has treated several well-known athletes, including Woods, the Mets' Jose Reyes and Carlos Delgado and several Olympic stars and NFL players. He is known as the "miracle man" in Toronto circles. His colleague, chiropractor Mark Lindsay, who also worked with several of Victor Conte's BALCO clients before and after the 2000 Olympics in Sydney, Australia, worked with Yankee superstar Alex Rodriguez as he rehabbed from hip surgery this summer. Lindsay also worked with Woods following his June 2008 surgery to repair his anterior cruciate ligament.

Greenspan said his client had done nothing illegal and has encouraged Catalano to be forthcoming with law enforcement officials. Galea is also under investigation by the FBI, an investigation that is being handled by the Buffalo field office. A representative of that office declined to comment on the matter.

Greenspan told reporters Tuesday that the HGH found in Catalano's possession was for Galea's personal use. Galea has said that he never provided Woods with human growth hormone.

http://www.nydailynews.com/sports/more_sports/2009/12/16/2009-12-16_tiger_woods_doctor_tony_galea.html?page=1

Tuesday, December 8, 2009

Calvin Barry

Why you should fight drunk driving charges:

Friday, December 4, 2009

Calvin Barry Toronto Criminal Lawyer

CALVIN BARRY
Professional Corporation
Criminal Lawyers

113 Front Street East
Toronto, ON M5A 4S5
Tel: 416-364-1224
Fax: 416-364-1468
Toll Free: 1-866-961-4963
cbarry@calvinbarry.ca

http://www.calvinbarry.ca/

Tuesday, December 1, 2009

CALVIN BARRY

Six years in jail for businessman turned bank robber
Posted: November 23, 2009, 6:03 PM by Rob Roberts
By Steph Davidson, National Post

A "mild-mannered" Toronto investment-firm staffer who robbed banks to feed a gambling addiction was sentenced to six years in jail today.

Kevin Pinto, 37, former compliance officer for Paradigm Capital, robbed 10 banks around southern Ontario between December, 2003, and October, 2008.

Mr. Pinto was dubbed "the exchange bandit," because he would ask the tellers about exchange rates before handing them a note demanding money. He began his spree in Toronto and Peel region in 2003, before expanding west to St. Catharines and Kitchener in 2004. After a two-year hiatus, he robbed banks in Toronto, Oakville and Cambridge. He was suspected of up to 21 robberies, but only charged with 10 counts.

Mr. Pinto turned himself in Oct. 2, 2008, after police publicized surveillance footage, and subsequently pled guilty. Mr. Pinto had no prior criminal record.

Today, he was escorted into court in handcuffs, meekly entering the prisoner's box to hear the judge read his fate. He looked slightly scared.


Court heard he is a "kind-hearted family man" who is seeking counselling for his addiction. Calvin Barry, Mr. Pinto's lawyer, said he's never seen someone less likely to have done such crimes. "He's a very mild-mannered gentleman."

Though some of his notes to tellers suggested he was armed during the robberies, he was not.

Mr. Pinto was sentenced to six years, with his pre-trial time served counting two-for-one. There was some dispute as to the total number of days Mr. Pinto already served, but it was decided that he will spend over three years and nine months longer in jail.

Mr. Barry said Mr. Pinto is genuinely remorseful and has expressed interest in teaching people of the "slippery slope" of gambling, which he said was no different than an addiction to heroin or alcohol.

Mr. Pinto, who earned over $100,000 a year, came away with more than $33,000 to support his gambling habit from the robberies.

http://network.nationalpost.com/np/blogs/toronto/archive/2009/11/23/six-years-in-jail-for-businessman-turned-bank-robber.aspx

Tuesday, November 24, 2009

Calvin Barry Defends Exchange Bandit

‘Exchange bandit’ who robbed banks – including those in Waterloo Region – on lunch hours gets 6 years

By John Goddard, Toronto Star

A Bay Street financier who robbed banks in a wide-ranging area – including Kitchener and Cambridge – on his lunch hour was sentenced Monday to six years in jail.

Calling bank robbery a serious crime that “cries out for denunciation and deterrents,” Justice Sheila Ray rejected a defence recommendation that Kevin Pinto, 38, walk free after 13 months in custody.

Although Pinto went unarmed and never wore a mask, he robbed 10 banks in Kitchener, Cambridge, Toronto, Mississauga and Brampton starting in 2002 and lacks empathy for the trauma he caused others, the judge said.

Dubbed the “exchange bandit,” Pinto earned his nickname because his modus operandi was to walk into a bank, ask the teller the exchange rate on the U.S. dollar and then deliver a holdup note, which sometimes said he had a gun and warned, “Don’t do anything stupid.”

Pinto arrived in the Ontario Court of Justice at Old City Hall on Monday with his hands cuffed behind his back.

Wearing a charcoal business suit and blue dress shirt, sitting alone in the prisoner’s dock, he appeared nervous as the judge began her remarks. His eyes flitted up and down. He occasionally swallowed hard. His shoulders appeared to twitch now and then.

Minus time served, Pinto’s sentence works out to three years and four months.

A financial compliance officer for the investment firm Paradigm Capital, Pinto turned himself in October 2008 after the Canadian Bankers Association posted a $10,000 reward for his capture and Toronto police released surveillance video and photos of him committing the robberies, which all occurred between 10:45 a.m. and 1:55 p.m.

He pleaded guilty to 10 counts of robbery in September.

Born in Bahrain, Pinto immigrated to Canada in 1987, when he was 16. He studied psychology and sociology at the University of Western Ontario, where his addiction first took hold while betting on sports, court heard during his sentencing hearing.

By age 25, he was gambling about $1,000 a day. His compulsive gambling addiction maxed out his credit cards and left him more than $100,000 in debt, according to his lawyer, Calvin Barry.

Pinto’s first heist was on Jan. 2, 2002, in Mississauga where he walked out with $4,500 stuffed in an envelope. He later robbed banks in Brampton, Kitchener, Cambridge, Oakville and downtown Toronto. The amounts ranged from $255 to $9,600, adding up to over $33,000.

At Paradigm Capital, he was responsible for providing oversight and ensuring the firm’s trading activities complied with regulatory requirements. He also previously worked at National Bank.

The robberies occurred over a six-year period, from 2002 until September 2008, but stopped for about two years, between 2004 and 2006, while he was married. His marriage eventually fell apart as a result of Pinto’s compulsive gambling, court heard.

At his sentencing hearing, Barry called his client a “man of faith,” and a devoted member of St. Michael’s Church. He spoke of Pinto’s stellar employment history, his lack of criminal record and his guilty plea as mitigating factors in his sentence.

Barry also read several letters of support from Pinto’s family, and reiterated his client’s stated desire to seek treatment for his addiction.

Barry said Pinto needed therapy, not additional incarceration. Crown attorney Louise MacNaughton argued that the seriousness of Pinto’s crimes merited a tougher sentence.

“While he does have a gambling addiction, he is indeed a master manipulator,” she said.

With files from Brendan Kennedy

http://news.therecord.com/printArticle/633620

Monday, November 9, 2009

CALVIN BARRY DEFENCE LAWYER

Monday, November 9, 2009
Fraud charge dropped
By KEVIN CONNOR

The owner of a Toronto tow-truck company who has a multi-million dollar contract with the police department had fraud charges against him dropped as the result of a polygraph test.

John Long, owner of Downtown Towing, was awarded a towing contract last year with the Toronto Police Services but only had insurance papers for 19 of 21 trucks included in his preliminary bid for the contract.

"It has been a long, long road for me," Long said yesterday.

The Crown dropped the charges against Long, who passed a polygraph "with flying colours," said defence lawyer Calvin Barry.

"He had no knowledge that the two trucks had documentation problems. You can't keep on top of everything. You have to put trust in the people you employ. He had the other trucks good to go," Barry said.

"Mr. Long has no prior criminal convictions and for the final tender all the trucks had documentation ... He has been exonerated."

Barry added he didn't know how the investigation was started against his client.

"It is hard to quantify how all this has affected his business, but since the allegations are behind him, business will go back to the way it was," Barry said. Long had two of his trucks set ablaze.

http://www.torontosun.com/news/torontoandgta/2009/11/04/11627011-sun.html

Wednesday, November 4, 2009

Wednesday, October 14, 2009

Calvin Barry

Back to I need help, exchange bandit says

I need help, exchange bandit says


October 13, 2009

BRENDAN KENNEDY


Kevin John Pinto, seen in a courtroom sketch on Sept. 16, 2009, would ask about the American exchange rate before demanding money from bank tellers.
ALEX TAVSHUNSKY FOR THE TORONTO STAR

The bank thief known as the "exchange bandit" told a sentencing hearing Tuesday he was "truly sorry" for the series of robberies he committed over a six-year period, and that he is determined to use his time in prison to seek treatment for the gambling addiction that fuelled his crimes.

"I look forward to spending this time working on myself," said Kevin John Pinto, dressed in a dark, pinstriped suit with blue, canvas sneakers.

Pinto, 38, a former financial compliance officer with investment firm Paradigm Capital, pleaded guilty last month to 10 counts of robbery. He turned himself in last October after the Canadian Bankers Association posted a $10,000 reward for his capture and Toronto police released surveillance video of the so-called "exchange bandit." Pinto acquired the nickname because he would first ask the teller about the rate of the American dollar before producing a holdup note.

Pinto's compulsive gambling addiction maxed out his credit cards and left him more than $100,000 in debt, according to his lawyer, Calvin Barry.

At Tuesday's sentencing hearing, Barry said he and Crown prosecutor Louise MacNaughton were "very close" to a joint submission for an appropriate penalty.

Barry is seeking a five-year prison sentence, including two-for-one credit for the one year and 11 days Pinto has served in pre-trial custody. MacNaughton argued for five years, plus pre-trial custody.

Barry noted Pinto's "stellar" employment record, "genuine remorse," lack of previous criminal record and willingness to seek treatment for his gambling addiction as mitigating factors in his sentencing. He also read excerpts from letters of support from Pinto's family.

"He was doing the right thing, but for this sickness," Barry said, referring to Pinto's addiction.

MacNaughton argued that the seriousness of Pinto's crimes merit a tougher sentence.

"While he does have a gambling addiction, he is indeed a master manipulator."

Pinto's first heist was on Jan. 2, 2002, in Mississauga where he walked out with $4,500 stuffed in an envelope. He later ripped off banks in Brampton, Kitchener, Cambridge, Oakville and downtown Toronto.

The amounts ranged from $255 to $9,600, adding up to over $33,000.

His modus operandi never changed: Pinto, who never wore a mask, presented a holdup note to the teller that sometimes said he had a gun and warned: "Don't do anything stupid."

The judge postponed her decision until Oct. 19 at 10 a.m.

http://www.thestar.com/printarticle/709404

Tuesday, September 29, 2009

Calvin Barry Comments on Rengel Murder (CTV NEWS)

CTV News Channel: Calvin Barry, criminal lawyer
Despite being given a life sentence, Stefanie Rengel's killer may only spend 10 years behind bars.

Click link to view video:
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20090928/rengel_murder_090928/20090928?hub=TopStories

A young Toronto man will spend at least 10 years behind bars after been sentenced for the sexual jealousy and blackmail-driven stabbing death of teenager Stefanie Rengel.

"Death is permanent. There is no rewind button," Det. Sgt. Steve Ryan, the case's lead investigator, told reporters after the sentencing of David Bagshaw, now 19. "And as a society, we hold everybody accountable, whether you're 17 or 77."

Bagshaw, known until now as D.B. because he was 17 at the time of the crime, was sentenced Monday as an adult.

The Crown had asked an adult sentence, arguing that Bagshaw was only four days shy of his 18th birthday when he murdered Rengel -- and that his electronic communications trail showed he was well aware he would face more severe punishment if he waited much longer before striking.
First-degree murder convictions for adults over the age of 18 carry automatic life in prison sentences with no possibility of parole for 25 years.

The defence had asked for a youth sentence, arguing that adult incarceration would leave D.B. more antisocial than if he received help in a youth facility. A youth sentence would have meant six years in prison -- adjusted for time served -- and four in the community.

"As we said to the judge before the sentencing, he accepts whatever he receives," defence lawyer Heather McArthur told reporters outside court.

"And quite frankly -- right now, David is still far more concerned about the pain and the suffering he caused than he is about what's going to happen to him. And at the end of the day -- all he wants to express once again is how truly, truly sorry he is for what he did. And he knows there's nothing he can do to bring Stefanie back, but he hopes at least the family has some consolation now."

Thirteen-year-old Ian Rengel, Stefanie's brother, spoke for the family. He didn't sound satisfied with the sentence.

"Being four days shy of 18 shouldn't mean automatically knocking off 15 years off the sentence for first-degree murder. My sister Stefanie didn't even get to live 15 years. The community should be very concerned when David Bagshaw gets out in 10 years."

He added: "I don't think anyone will be able to forgive them when they get out."

In passing sentence, Justice Ian Nordheimer did say he found Bagshaw to be genuinely remorseful. He noted that two psychiatrists believed Bagshaw could be rehabilitated.

"All of those mitigating factors cannot, however, overcome the nature of David's actions - the planned and deliberate killing of a young girl, a young girl who he apparently liked and who liked him," Nordheimer told the court.

"Nor can they blind us to the fact that David still poses a threat to the safety of the public."

Bagshaw's former girlfriend, 17-year-old Melissa Todorovic, convinced him to kill Rengel. She was convicted of first-degree murder and sentenced in July as an adult to life in prison, with no chance of parole for seven years.

Todorovic had relentlessly pressured Bagshaw to kill Rengel, someone she had never met but for whom she harboured a pathological jealousy because Rengel once had a crush on him.

Bagshaw and Todorovic exchanged thousands of text messages and cellphone calls over a period of months, with Todorovic threatening to withhold sex until he got rid of Rengel.

He finally acted on the evening of Jan. 1, 2008, luring Rengel outside with a phone call and then stabbing her six times in the chest. A passerby found Rengel dying in a snow bank.

Bagshaw told his sentencing hearing earlier this month he can't forgive himself for killing "an innocent girl who deserved to live."

"I stand before you sentenced for the disgusting crime I committed. I hate myself for the decision I made that night. She died because of my actions," he said between tears in a statement to the court.

"To Stefanie's family: I am so sorry. To Stefanie: I am sorry."

Bagshaw will be eligible to apply for parole when he's 27. He's been given credit for the time he has already served in custody.

With a report from CTV Toronto's Chris Eby

Monday, September 28, 2009

Friday, September 18, 2009

Calvin Barry Defends "Exchange Bandit"



`Exchange bandit' pleads guilty

Kevin John Pinto would ask about the U.S. dollar, then rob the teller.

Pinto's the name and robbing banks to pay off a gambling debt was his game – until he was arrested. Now the former compliance officer at an investment firm awaits his sentence
Sep 17, 2009 04:30 AM

Raveena Aulakh Staff reporter

All his heists were at lunchtime.

Last year, on Sept. 12, Kevin John Pinto left his plush 21st-floor office at 95 Wellington St. W. and went down to the main floor. He walked by a Second Cup in the lobby, out on to the street and headed northwest to the Bank of Nova Scotia on King St. W., a five-minute walk away.

At 12:30 p.m., he went up to a teller and asked her about the American dollar exchange rate. She was probably still explaining when he handed her a note. It said: "This is a holdup. Give me all the 50s and 20s."
Minutes later, he strolled out with over $7,200 – just like that.

Pinto, 38, a former financial compliance officer with investment firm Paradigm Capital, pleaded guilty yesterday to 10 counts of robbery.
He turned himself in last October after the Canadian Bankers Association posted a $10,000 reward for his capture and Toronto police released surveillance video of the so-called "exchange bandit."

He acquired that nickname because he would first ask the teller about the rate of the American dollar before producing a holdup note.

Yesterday, Pinto, dressed in a powder-blue shirt and a black suit, appeared at ease as he sat chatting with an officer, his face occasionally crinkling into a smile as they waited for the judge to arrive in the courtroom.

Pinto quietly pleaded guilty and looked straight ahead as Crown prosecutor Louise MacNaughton read the list of charges against him.
A gun was never seen, the court was told.

Pinto has no previous record.

Sentencing was postponed to Oct. 13 for the judge to consider submissions about Pinto's character and motive.

Outside the court, Pinto's lawyer, Calvin Barry, attributed his client's "Dr. Jekyll and Mr. Hyde type of scenario" to a compulsive gambling addiction that left him with a debt of more than $100,000 and his credit cards maxed out.

Pinto gambled online and at casinos, said Barry.

"He was in a deficit situation and the credit people were creeping up ... the noose was tightening," said Barry, explaining his client's brazen spree of bank robberies.

Pinto's first heist was on Jan. 2, 2002, in Mississauga where he walked out with $4,500 stuffed in an envelope. He later ripped off banks in Brampton, Kitchener, Cambridge, Oakville and downtown Toronto.
The amounts ranged from $255 to $9,600, adding up to over $33,000.
His modus operandi never changed: Pinto, who never wore a mask, presented a holdup note to the teller that sometimes said he had a gun and warned: "Don't do anything stupid."

In one instance, he pulled off two heists in one day.

On Aug. 9, 2008, a Saturday, he went to the Bank of Montreal on College St. but he got only $255 from the teller. Forty-five minutes later, he walked into a CIBC in Oakville and left with over $9,000.

But the robberies stopped for a few years when he was married.

Barry acknowledged yesterday that Pinto's wife was trying to help. But the two broke up.

He was soon back to holdups.

The "exchange bandit's" string of robberies had police flummoxed. Pinto eluded police until last year when police released three photos pulled from security cameras.

After the images were splashed in newspapers and on TV, the story allegedly goes, Pinto's colleagues at Paradigm teased him about how he resembled the wanted man and that he should get himself a lawyer.
That's what Pinto did.

He then turned himself in, stunning family, friends and co-workers. He has been in custody since.

Pinto started work at Paradigm in January 2006 after a stint with the National Bank. He was one of two compliance staff at Paradigm and was responsible for providing oversight and ensuring the firm's trading activities complied with regulatory requirements.

"He had an impeccable life before he hit the skids here," said Barry.
Within hours of his arrest, he was suspended from work and his family had moved his stuff out of his one-bedroom apartment in a lakefront condo.

Now, he faces several years' imprisonment.

MacNaughton said she is seeking a "significant penitentiary term ... not double-digits."

Barry said his client is remorseful and wants to put the addiction behind him.

With files from Betsy Powell

Calvin Barry Defends "Exchange Bandit"


Wednesday, September 16, 2009

Calvin Barry Defends "Exchange Bandit"

‘Exchange bandit’ whose trail included Kitchener pleads guilty

Toronto Police Service
Bank robbery suspect Kevin Pinto, dubbed the "Exchange Bandit".

Toronto Police Service
Bank robbery suspect Kevin Pinto, dubbed the "Exchange Band ...
Toronto Police ServiceBank robbery suspect Kevin Pinto, dubbed the "Exchange Bandit".

September 16, 2009 By Betsy Powell and Nick Aveling, Toronto Star
Former financial compliance officer Kevin John Pinto pleaded guilty Wednesday to 10 counts of robbery.

Pinto, the vice-president of compliance at a Toronto investment firm, turned himself in on May 8 after the Canadian Bankers Association posted a $10,000 reward for the capture of the so-called “Exchange Bandit.”

He was charged with 10 counts of robbery.

Pinto was one of two compliance staff at Paradigm Capital, an investment firm with offices in Toronto and Calgary. He was responsible for providing oversight and ensuring the firm’s trading activities complied with regulatory requirements.

He had previously worked for National Bank.

A suspect in the Exchange Bandit case had been sought for at least 21 robberies – in Toronto, Peel, Kitchener, St. Catharines and Niagara Falls – dating to 2003.

The most recent heist took place Sept. 12, 2008 at a Scotiabank on King St. W., just minutes from Paradigm’s offices.

He was called the Exchange Bandit because of his habit of asking tellers about US exchange rates before producing a note demanding cash.
Pinto committed the robberies to feed his gambling addiction, said his lawyer Calvin Barry.

“He is very remorseful. He’s had a lot time of think... as people do when they are behind bars,” Barry said.

“He wanted to deal with his gambling addiction and wanted to get it behind him,” he added explaining why his client pleaded guilty.

He is scheduled to return to Old City Hall for a sentencing hearing on Oct. 13.

Tuesday, July 28, 2009

Calvin Barry

CTV Newsnet: Calvin Barry, Former crown attorney on how the Creba case was handled (click link below to view):

http://watch.ctv.ca/news/clip119511#clip119511

Friday, July 24, 2009

Thursday, July 16, 2009

Tuesday, July 14, 2009

Calvin Barry

Tuesday, July 14, 2009

Tow truck owner 'just trying to run his business'
By
DON PEAT

The owner of a towing company that had a rig set ablaze on Saturday is just trying to run a business, his lawyer said yesterday.

Calvin Barry, speaking on behalf of Downtown Towing owner John Long, called the fire in front of Ryerson University -- the second company truck burned -- troubling.

"It's hard to comment because it's being investigated and the last one is before the courts," Barry told the Sun.

"It's unfortunate when you're trying to run a business and you have to deal with these issues."

The truck, which Barry said is likely a write-off, was parked in the Bond and Dundas Sts. area Saturday.

Toronto Police said they were called by a security guard who spotted the flames around 6:40 a.m. No arrests have been made.

'JUSTICE' SOUGHT


"(Long) is just trying to run his business and he just hopes that the police find out who the perpetrator is and that they are brought to justice," Barry said.

"It's unfortunate and hopefully police will get to the bottom of it and bring the accused person to justice."

Barry refused to comment on who he thought was responsible for the attack.

"It wouldn't be fair to comment because we would compromise the ongoing police investigation," he said.

Downtown Towing was awarded one of the lucrative towing contracts by the Toronto Police Services Board last year.

The board began a review of that contract earlier this year after Long was charged with fraud over $5,000 and two counts of uttering a forged document.

"He'll be completely exonerated and we're in the process of working that out as we speak," Barry said.

Anyone with information about the tow truck fire is asked to call detectives at 51 Division at 416-808-5104.

http://www.torontosun.com/news/torontoandgta/2009/07/14/10123271-sun.html#print

Tuesday, July 7, 2009

PROBATION IN RUGBY DEATH

By DON PEAT, SUN MEDIA

An 18-year-old Mississauga man;s sentence for the May 2007 manslaughter of 15-year-old Manny Castillo includes a year's probation and anger management counselling.

BRAMPTON -- An 18-year-old Mississauga man's sentence for the May 2007 manslaughter of 15-year-old Manny Castillo includes a year's probation and anger management counselling.

Justice Bruce Duncan sentenced the youth today after an emotional morning where Castillo's father delivered a victim impact statement detailing the impact of his son's death on the family.

In May, Duncan found the youth, who can't be identified under the Youth Criminal Justice Act, guilty of manslaughter in Manny Castillo's 2007 death during a high school rugby game.

Manuel Castillo described his son's death as "the most traumatic experience" in his family's life.

"Never hearing his voice again creates a silence in our lives," he said.
Outside court, Castillo refused to comment on the sentence but did hand out copies of his statement in the hope his message about organized sports in the wake of his son's death would be communicated to the public.

"My personal and own view on how it happened is that there are some hockey coaches (that) don't seem to teach kids (to) respect their opponents," Castillo told court.

"The way that Manny died is clear for me. When a football player hears a whistle, the players come to a stop but when a hockey player hears a whistle, they don't come to a stop and instead they begin to fight.

"I hope that organized sports, especially organized sports in schools, puts a no tolerance policy in place for violence and aggression in sports."

Following submissions from both the Crown and defence, the killer – who can't be identified because he was 16 at the time – turned to Castillo's family and expressed his condolences.

"I'm sorry for what happened," he said.

The Crown had been seeking a two- to three-year sentence, opting not to seek an adult sentence. The defence sought a one-year probation.

In addition to the probation and counselling, the man is required to complete 100 hours of community service.

http://www.torontosun.com/news/torontoandgta/2009/07/06/10042466.html#/news/torontoandgta/2009/07/06/pf-10039776.html


Click link below to view video:
http://www.torontosun.com/news/torontoandgta/2009/07/06/10042466.html

Monday, June 15, 2009

Calvin Barry- London Office


London Ontario Law Firms' Office Launch Party:
Accident Resolution Group
Patey Law Group
Calvin Barry Professional Corporation
The Executive Centre
151 York Street
London, Ontario
H6A 1A8

Tuesday, June 2, 2009

Monday, June 1, 2009

Calvin Barry- Member of Delta Chi Alumni

Sunday, May 31, 2009

Windsor "BB" reflects on the chapter's 38th annual formal

Toronto Delta Chi Alumni's current president, Timmy Ray, recently caught up with Jeff Gerard, Chapter Advisor ("BB") of the Windsor Chapter for the 2008/09 school year. Gerard shared with Ray in an email his thoughts on the Chapter's annual formal. Here's what he had to say:

The Windsor Chapter held its 38th annual formal on April 25, 2009. It was another successful event with not only the actives in attendance but also many alumni, dates and friends of the chapter. Special thank you to the brothers from Western Michigan Chapter who helped celebrate the evening with us. Once again the evening was an opportunity for the chapter to let loose and enjoy the company of friends and brothers. It was also a chance to celebrate the past year, recognize those brothers who contributed to the chapter’s success, and swear in the new executive for 2009-2010.

Each year the membership of The Windsor Chapter votes on a group of awards to recognize the brothers who excelled in a certain area and overall assisted with the day to day operations of the chapter. The following is a list of award recipients:

Chapter Luminary: Mitch Sokolowski and Michael Tome
Most Dedicated Active Brother: Noah ScangaMost
Improved Brother: Ninos Heedo and Zahid Khandoker
Scholarship: Jim GorskiTeam
Clean-Up: Noah Scanga, Mitch Sokolowski and Ryan Waud
Athlete of the Year: Brad ScottOutstanding
New Member: Ninos HeedoA.B.T. Senior Recognition: Mitch Sokolowski
Alumnus of the Year: Jeff GerardChapter Sweetheart: Lauren Whaley
Invisible Brother: Christian PinardBest Dressed Brother: Matt Brown and Trevor Pare
Worst Dressed Brother: Chris Pope and Ryan Waud

Four bursaries and four scholarships were also given out to deserving brothers from a pool of applicants based upon academics, chapter involvement and need. I started the bursary program three years ago to assist a brother with a portion of his fraternal dues and cost of school books. The money is collected through donations from alumni. In its first year, the program gave out one bursary of $500. The program has grown in recent years, and the generosity of involved alumni has increased so that it was possible to award four bursaries of $300 each this year. In addition, the Housing Corporation (WDCGF) contributed $1000 to be dispersed to each recipient in the form of a $250 scholarship.
The following brothers were the fortunate recipients:
Ninos Heedo
Noah Scanga
Zach Snihurowycz

Michael Tome The last official business of the night saw the incoming executive for 2009-2010 sworn into their respective roles. The following men were elected:
‘A’: Ninos Heedo
‘B’: Noah Scanga
‘C’: Michael Cox
‘D’: Christian Pinard
‘E’: Jim Gorski‘F’: Brad Scott

Earlier in the day the Windsor Delta Chi Graduates Fund (Housing Corp.) held its annual general meeting at which the past year’s accomplishments, which were expansive, were recognized. Also, the accounts and budgets were discussed, and a new executive board elected. The turnout for the meeting was a good representation of the membership which has seen its numbers grow in recent years. The following men were elected to the new board from a large list of very qualified nominees:
Tom Fleming (Fall 1983)
Jeff Williams (Spring 1988)
Allan Kidd (Spring 1984)
Kelly Golden (Fall 1972)
Chris Williams (Fall 1991)
Jeff Gerard (Fall 1995)
Darryl Markou (Fall 1983)

The past year was a very successful one for The Windsor Chapter with the purchase and renovation of a new chapter house, initiation of 13 new brothers, increased chapter motivation and a continuing strong alumni involvement. We were pleased to be able to showcase these accomplishments at this year’s formal and look forward to showcasing more at next year’s. Hope to see you there!

In The Bond,

Jeff Gerard, ‘BB’ Windsor Delta Chi Graduates Fund (WDCGF)
Executive Director
Windsor Chapter
Fall 1995
Posted by Elliott Chun at 9:39 PM
Labels: , , ,

http://deltachialumni.blogspot.com/2009/05/windsor-bb-reflects-on-chapters-38th.html

Wednesday, May 27, 2009

Calvin Barry Teams Up To Open London Office

Wednesday, May 27, 2009

Barry teams with two other firms to open office in London, ON today
I was given a heads up recently by long-time Delta Chi supporter Paula Stamp, director of operations and paralegal at Accident Resolution Group in Toronto, that her firm has joined forces with Calvin Barry's criminal law firm and the Patley Law Group to open an office in London, ON. For those of you who find yourself in London today, feel free to RSVP and drop by the grand opening celebrations this evening in Old South London.


Here's the official invite - all are welcome:
Accident Resolution Group (Paula S. Stamp), Patey Law Group (Shawn H. Patey) and Calvin Barry, Professional Corporation (Criminal Lawyers) invite you to join us at the official launch party of our London, Ontario LAW offices!


Venue: Casa Cubana Restaurant
Location: 175 Wortley Road
London, ON N6C 3P6
When: Wednesday May 27, 2009
4:00pm – 9:00pm


Join us for a fun filled event that will include complimentary food and cocktails.

La Jornada News Paper (London) will be our Guest of Honour.

Please RSVP:
stamp@accidentresolution.com or via telephone: 1-800-973-4209 Ext 109.
Please visit our individual web sites for details on our TORONTO, VAUGHAN and LONDON offices and our services offered:
www.accidentresolution.com
www.pateylaw.com
www.calvinbarry.ca

--
Posted by Elliott Chun at
9:03 AM
Labels: , , , , ,

http://deltachialumni.blogspot.com/2009/05/calvin-barry-teams-with-two-other-firms.html

Calvin Barry Defends Rugby Manslaughter

Dead rugby player consented to force, defence lawyer argues

May 26, 2009 01:07 PM

Bob Mitchell
Staff Reporter

A Mississauga high school student, who died in a rugby game, knew he was playing a physical contact sport, the lawyer for a teen on trial for manslaughter said today.

Manny Castillo consented to having physical force exerted against him by the simple fact he entered the playing field that tragic day, defence lawyer Lisa White told a Brampton court.

Castillo, 15, died from a serious head injury a few days after hitting his head on the hard playing field during a junior rugby game on May 9, 2007.

A former Erindale player, now 18, has pleaded not guilty to manslaughter in causing the Lorne Park player's death.

For now, his identity is protected by Canada's youth laws. The Crown intends to seek an adult sentence if he's convicted, opening the door to his name being published.

Justice Bruce Duncan is hearing this Brampton case without a jury. He's expected to deliver his verdict on Thursday.

The defence concedes the accused pushed Castillo to the ground but didn't drive him head-first, as the Crown contends.

The accused's actions that day were justified because they were done in self-defence, lawyer Lisa White said in her closing address.

"There is overwhelming evidence the (accused) was put into a headlock by Castillo," White said. "The initial force applied by Manny - putting (accused) in a headlock, is clearly outside the rules of the game."
She said (accused) reacted. "He couldn't get out of the headlock," she said.

The force he then applied to Castillo to get out of the headlock was done in self-defence, she said.

"He was entitled to repel with force once he was put into a headlock. He didn't intend to hurt him in any way.

"He didn't provoke. He responded out of fear of harm and drove him back with reasonable force in self-defence."

It's the Crown's case the Erindale player, then 16, committed manslaughter when he lifted Castillo into the air, his feet facing upwards, and then killed him when he drove him head first into the ground.
Crown John Raftery said the deadly move was separate and apart from the normal play on the field.

"You can be sure there was a break (in action) between a play ending and (accused) injuring Castillo," Raftery said.

There was no doubt Castillo was "driven head-first" into the ground. "That is outside the law of the land," he said.

The ball was nowhere near them when Castillo was fatally injured, and the referee had already blown the play dead when the unlawful act on the field occurred, Raftery said.

Following the critical play, Castillo lay motionless, and was dying from severe head and spinal cord injuries.

As White and Raftery delivered their remarks, Duncan continually played the devil's advocate, questioning and challenging them on several points.

Among his questions.

— How was it that several witnesses testified they saw the accused running towards Castillo and grabbing or trying to tackle him before the alleged headlock took place.

— How was it that others never saw Castillo being driven into the ground. Wasn't what the accused did not an illegal tackle?

White said the fact the incident occurred on a rugby pitch takes it into an entirely different area from somebody assaulting a person on a street.

The Crown must prove Castillo didn't consent to physical force from his opponent for her client to be convicted of a deadly assault, she said.

Raftery agreed that if Duncan finds the accused reasonably felt he was in grave danger, then he could find there were grounds for self-defence. But he insisted the self-defence theory was inconsistent with the evidence.

He agreed if Duncan also finds there was one continuous play, and not a break in play, then he could also acquit him.

Before hearing submissions, Duncan asked both sides to provide a brief review of what they believe witnesses said during the two-week trial.

Various Crown and defence witnesses, including rugby experts and players, and parents, gave conflicting evidence as to what they saw during the incident that led to the young player's death.

The accused testified he fell on top of Castillo when he wrestled his way out of the headlock. He said he panicked because he couldn't breathe and reacted by pushing Castillo forward. He fell on top of him.

He denied intentionally hurting him. He said he was unaware he was injured when they both fell to the ground.

He never lifted him up or drove him head-first into the ground or boasted about it afterwards, as Crown witnesses said.

Castillo was later declared brain dead in hospital. He also sustained a bruised spinal cord, which would have been fatal had paramedics not attended.

The spinal cord injury occurred when his neck was flexed forward — not backward — beyond its range of motion, according to a neuropathologist

Had he survived, Castillo could have been paralyzed.

http://www.thestar.com/news/gta/article/640577

Tuesday, May 12, 2009

Didn't 'pile drive' victim, teen says

TheStar.com - GTA -

Accused of killing opponent in 2007 rugby game, teenager tells court he only pushed him to ground

May 12, 2009

Bob Mitchell
STAFF REPORTER

A Mississauga teen accused of killing another in a May 9, 2007, high school rugby game denied intentionally hurting Manny Castillo.
The teen, now 18, maintained yesterday he only pushed Castillo to the ground because he was in a headlock.

"I never picked him up," said the teen, testifying in his own defence in a Brampton courtroom.

The accused insisted he fell on top of Castillo during a brief late-game scuffle, a struggle he never started.

Castillo's forearm was locked around his throat, he told his lawyer, Calvin Barry.

"I couldn't breathe ... I was scared ... I panicked," he said. "I tried to get out but I couldn't. I pushed forward with my head and legs."

Castillo, 15, died a few days later in hospital. He became brain dead because of a severe head injury.

Crown prosecutor John Raftery says the teen, then a 16-year-old player with the Erindale team, killed Castillo when he drove him head first into the ground during an illegal tackle after the referee blew his whistle to stop the play and the ball was nowhere near him.

The accused has pleaded not guilty to manslaughter in a judge-alone trial before Justice Bruce Duncan.

For now, the accused's identity is protected by Canada's youth laws. The Crown intends to seek an adult sentence if he is convicted, opening the door to his name being published.

The accused said he and Castillo were pushing each other as part of the normal play. His head was under Castillo's armpit.

"I thought I heard a whistle," he said. "I went to ease up but his arm was around my head and his forearm and wrist were around my throat. I tried to get out but I couldn't.

"It was hard to breathe. I brought my arms around him and pushed forward with my legs.

"I pushed. We both went down. I landed on top of him. We hit ground and I jumped back up."

He denied lifting Castillo over his head in anger and driving him head first into the ground.

He also denied boasting from the sidelines afterwards that he had "pile drived" Castillo "as hard as he could" into the ground.

Various Crown witnesses testified he grabbed Castillo by his waist, lifted him up until his feet were in the air and then drove him head first into the ground.

http://www.thestar.com/printArticle/632805

Monday, May 11, 2009

Wednesday, May 6, 2009

Calvin Barry Criminal Lawyer






Calvin Barry - Defends Accused in Fatal High School Rugby Incident




Calvin Barry - Criminal Defence Lawyer




Calvin Barry defends Mississauga youth in manslaughter charges.

CALVIN BARRY


Calvin Barry is defence counsel to Mississauga teen accused of manslaughter during highschool rugby game.

Friday, May 1, 2009

Calvin Barry


Former Crown Attorney 15+ Years

Wednesday, April 22, 2009

CALVIN BARRY

Calvin Barry
OFFICE WARMING
Party

The party will begin at
4:00 p.m. onwards
Friday May 08, 2009

@ Calvin Barry Professional Corporation

113 Front Street East
[Front & Jarvis]
Toronto, ON

** Live music, Food, Beverages**

Wednesday, April 8, 2009

Calvin Barry- Delta Chi Alumni

Thursday, April 2, 2009

O’Fun with Toronto Alumni

Good times were had by all who attended Grace O’Malley’s for the Toronto Delta Chi Alumni’s annual spring get-together. The evening fun shifted one block north to The Fifth Social Club (formerly known to many party revelers as Easy and the Fifth). Big thanks to everyone who attended.

Speaking of good times, I was informed this week about an open D-Chi invite from Calvin Barry to attend his office open house on Friday, May 8. Please find below the invite I received from one of his assistants today. As the invite says, just bring yourself (but feel free to give Cal a bottle of wine to congratulate him on his new space).

You are invited to the
Calvin Barry
OFFICE WARMING Party
The party will begin at
4:00 p.m. on
Friday May 08, 2009
@ Calvin Barry Professional Corporation
113 Front Street East
Front & Jarvis
Toronto, ON
*** Live music, Food, Beverages
Just bring yourself ***
Posted by Elliott C. at 9:42 PM 0 comments
Labels: , , , ,

http://deltachialumni.blogspot.com/

Wednesday, March 25, 2009

Calvin Barry, Delta Chi Alumni


Calvin Barry
Toronto Criminal Lawyer
Delta Chi Alumni
http://deltachialumni.blogspot.com/

Friday, March 20, 2009

Calvin Barry, Toronto Lawyer



Calvin Barry

Former Crown Attorney

Wednesday, February 25, 2009

Calvin Barry Prosecutes Sexual Assault Case


Calvin Barry prosecutes sexual assault case-
March 2002

Friday, February 20, 2009

Calvin Barry Prosecutes Scientist


Calvin Barry prosecutes scientist who is guilty of selling brains.
- 2002

Friday, February 13, 2009

Calvin Barry

http://209.85.173.132/search?q=cache:Q215v4WF4Z4J:www.kahnawake.com/community/docs/BrandonNolan.pdf+calvin+barry&hl=en&ct=clnk&cd=86&gl=ca

Calvin Barry Prosecutes Diamond Dolls

May 18, 2002

Lap dance was hooking: Judge
By SAM PAZZANO -- Courts Bureau
Toronto Sun

Strippers who thrust their breasts into the faces of clothed patrons are committing "lewd acts of prostitution," an Ontario judge found yesterday in what a Crown attorney called a "landmark decision on lap dancing."

Justice Bruce Young convicted an absent Romeo Caringi, 45, of keeping a common bawdy house at the now-closed Diamond Dolls bar at 4749 Keele St. Caringi's strippers brushed their breasts on the faces of clothed undercover police officers in May 1999, said Young in his judgment.

Other acts that the judge deemed as sexual included the strippers putting their faces and exhaling into the customers' crotches and inviting the customers to kiss their nipples.

"These were lewd acts for payment for the purpose of sexual gratification -- that was certainly what was going on," Young said.

"(Caringi) knew acts of prostitution were going on and he was willfully blind to stop them and he actively encouraged the acts."

At trial, Caringi, of Woodbridge Ave., Woodbridge, denied there was any "funny business" at the club and said bouncers were instructed to alert him if they saw any illicit acts.

Crown attorney Calvin Barry said the judge's decision is a "landmark judgment by a senior judge" that expands the definition of acts of prostitution by lap dancers. "You don't need sexual intercourse or masturbation or fellatio being performed to be considered an act of prostitution," Barry said.

Caringi will be sentenced June 5.

http://www.fact.on.ca/news/news0205/tt020518.htm

Calvin Barry

Jan. 12, 2004. 06:42 AM
Deliberated over four days in gang-related shooting death Victim's family distraught; accused plan to hug children
PETER SMALL STAFF REPORTER

Two Toronto men have been found not guilty in the gang-related shooting of a Christie Boys strongman in a west-end bar.

Alejandro Vivar, 23, showed little emotion and stared straight ahead in the courtroom, while James Tamburini, 28, sighed with relief after the jury's verdict was read out yesterday, bringing to an end their first-degree murder trial.

But the mother of Gary Malo, 26, who was shot once in the chest and once in the head at close range last Feb. 23 in Jose's Cafe, cried and shouted in Spanish. Guards escorted her from the courtroom on the orders of Mr. Justice Michael Dambrot.

A man who was with her rose in anger but was ordered to sit down by security guards, who were reinforced by a half-dozen police officers at the University Ave. courthouse.

Another close relative of Malo's, looking flushed and devastated, sobbed uncontrollably and was comforted by friends.

The two accused, who spent 20 months in jail awaiting trial, hugged family members and supporters after they walked from the courtroom. They were freed by the judge on $5,000 bail on charges of obstructing justice related to the case.

"I feel wonderful," Vivar said. "I would just like to thank my lawyer, John Struthers, for having faith and believing in my innocence, and I'd just like to thank my family for their support and I'd just like to thank God for being there for me."

He said the first thing he was going to do last night was hug his 3-year-old son.
"I feel great," echoed Tamburini, the father of a 3-year-old girl. "I just want to go home and hug my daughter."

The trial shone such a spotlight on gangs, guns and drugs in the Bloor St. W. and Ossington St. area that the judge warned jurors not to let that cloud their judgment. The two men were not being tried for their lifestyles, he said.

The jury heard about cocaine deals gone sour, revenge beatings, brutal robberies and pistol-whippings, much of it allegedly inspired by Vivar.

Crown Attorney Calvin Barry alleged that Tamburini helped Vivar, who was a member of the Latino Americanos (LA Boys), lure Malo to the bar to kill him in revenge for his shaking down and beating fellow LA Boys members.

But the crown's case was built almost entirely on the testimony of two brothers — Frank "Tools" Jocko, 27, and Chris "Smokey" Jocko, 25 — who were backup muscle for the LA Boys and allowed their parents' Concord Ave. home to be used as a gang clubhouse.

They testified that Vivar pulled the trigger of a .38-calibre revolver after Tamburini bolted the bar's front door to trap Malo, according to the crown.

But defence lawyers argued the Jocko brothers fingered Vivar and Tamburini to cover their own role in the killing.

The judge warned that evidence from these two star crown witnesses should be viewed "with the greatest care and caution" because of their unsavoury character.

The brothers stashed LA Boys guns, stolen goods and drugs in their parents' home. Chris Jocko admitted to robbing people at gunpoint.

Even more damaging to their credibility, they admitted to lying to police and perjuring themselves at the preliminary hearing.

Vivar took the stand last month and denied pulling the trigger, claiming instead that in the minutes before the shooting, he tried to defuse an angry confrontation over money between Malo and the Jocko brothers.

After Malo suddenly charged toward the brothers, they rose to face him shoulder to shoulder, blocking Vivar's view, he said.

Vivar testified that he then heard two shots. "I see Malo drop and at that second I just wanted to get out," he said. "We were in shock."

The only other eyewitness to testify against the accused, Malo's friend, R.S. Gill, identified Vivar as the shooter. But his identification can have "no significant value," the judge said.
The jury deliberated for 27 hours over four days before reaching its verdict, coming back seven times with questions for the judge.

At one point, the jury sent a note indicating that two like-minded members said they would not change their minds no matter what. Dambrot urged the four female and eight male jurors to keep trying to reach a verdict.

Crown counsel Barry said he respected the result. "Cases with gang allegations and ties are always going to be problematic because a lot of our witnesses are not choir boys," he said. "You don't get them from a casting agency."

Detective-Sergeant Al Comeau said he was extremely disappointed with the verdict. "We had three witnesses who all saw the same person pull the trigger and execute Gary Malo," he said.
He said he was particularly disappointed, considering the efforts Toronto police are making to fight street gangs.

Struthers, who with co-counsel J.S. Vijaya defended Vivar, said he was relieved at the verdict.
"In this day and age when there is so much publicity about guns and drugs and gangs, the mere aura makes it very difficult to concentrate on the case at hand."
"The only evidence they had came from the ever-changing word of two admitted perjurers," she said. "We're ecstatic.

http://jsvlawyer.com/juryacquits.html

Calvin Barry Prosecutes Escort Agency

Escort agency sent HIV positive women
Last Updated: Wednesday, October 6, 1999 8:46 AM ET
CBC News

A Toronto court has heard that an escort agency, with hundreds of clients, knowingly sent out women who were HIV positive, to provide sexual services.

The trial involves 32 year old Mark Lukacko of mississauga. He was manager of an agency in Etobicoke that operated under the names, Sweet Escorts, Sweet Sensations and Exotica.
An undercover officer said that two years ago she answered an ad, and was hired as a prostitute. she was told she would be paid 80 dollars an hour she would be expected to provide her own condoms.


The prosecution says it will introduce files the agency kept on its employees. Three of those files have notes on the back about the health risk posed by three escorts.
Prosecutor Calvin Barry says the agency's client list will also be entered as evidence, later in the trial.


http://www.cbc.ca/news/story/1999/10/06/escort991006.html

Calvin Barry

National Post
Arts & LifeTuesday, March 7, 2006
SHINANGOVANI

If we could have read his mind...
Gordon Lighfoot joined a cast of characters, including a psychic, a criminal lawyer and a Latina firecracker, at a party in his honour.

Gordon Lightfoot is combing his hair.I'm in an elevator with the great, groovy geezer-crooner having coincidentally arrived with him at a partyin his honour.
He's flying solo. Looking swell. His lips, as always appear as though they are fighting back aghastly grin. When the elevator reaches its summit, Lightfoot sneaks his comb into his back pocket - where else? - andwe stumble out to meet our host, the matchless Canadian PR man and celebrity hand-holder Gino Empry." My bartender hasn't shown up!" Empry exclaims almost by way of a greeting. Lightfoot doesn't seem tomind. Nor do any of the many other guests in Empry's party penthouse.Parly a scene out of cafe society (the kind we don't see anymore), partly an orgy of the golden-oldievariety, the night some weeks back is filled with many familiar faces. There's Dini Petty, who used to beCanada's Oprah. There's Art Eggleton, who used to be Toronto's mayor. There's Moses Znaimer, who used to be the Ruler of All.With theatre-red curtains flanked by the winding windows, a panoramic view of the city fills up before us, including a close-up of the edgy Primrose Hotel- with the "e" in the Primrose sign perilously burnt-out! There is, inevitably enough, some zebra on the floor, some figurines from places like Fiji and a Vegas-worthycollection of showbiz knacks. In the library, for instance, every diva is accounted for - Liz, Liza, Marilyn,Nancy Reagan - and there is a tape and DVD for seemingly every significant film of the last century.(Curiously though, most of the DVDs are still intact in their bubble-wrap!)There is song and what some might classify as dance. A woman who does a dead-on Marlene Dietrich sings her lungs out, accompanied by a man on the piano.The up-and-coming torch singer Serafin does his thing, wowing us with his rendition of Etta James 'At Last'. The final performer is less convincing all around. A Latina firecracker with a surfeit of enthusiasm and an apparentl oveo f telenovelass, he really drives home her act.Like cream-cheese taking to a poppy seed bagel she does her thing while slamming her rear many times into our dear dear Gino.( He half-looks like he's enjoying it.)Lightfoot doesn't utter a note. Why, after all, give away the milk for free, especially when the legendarysinger is about to hit the concert circuit soon in an 11-city tour?" This is definitely not The Spoke," a friend of mine says at one point, as we watch the room full of delightfulgeeks and delicious freaks." Yes, you might say it's the Anti-Spoke, " I reply instantly, thinking right away of the privatem embers' clubdowntown where, increasingly the crowd seems to consist of colour-inside-the-line types with 2.2 kids,women whose sole idea of adventure is Pilates and a vast solar system of UCC grads. (Don't get me wrong: I like UCC grads. I just don't like too many in one room!)
The party plugs along without much punctuation Lightfoot - who's separated from his most recent wife -shows us he still has a way with the ladies." I once had a weekend in one night in Paris," he tells me at onepoint. I can't exactly remember why. Also there for the long haul that night is well-known criminal attorney Calvin Barry. "If you ever need alawyer ..." he says to moi, handing me - and everyone else - a card'. And last but not least here is the quasi-famous Nikki Layne, Psychic to the Stars - Gino's sometime consort-in all her fortune-telling blonde beehive-sporting glory. If you could read my mind? Well, yes, love, she could.I SEE, I HEAR...That MTV Canada honcho Brad Schwartz - the plucked from - New York progamming boss who is the subject of some curiosity in TV circles - showed that he's got his finger on the pulse during a party recently at The Beaconsfield on Queen.Bradley performed guest DJ duties at the dusky and trendy bar when he was celebrating there withmembers of his freshly assembled MW team. The pop-culture station - as they're calling it - is set to stormthe airwaves Mar. 21.AND ALSO ...That an overly affectionate fan walked up to Clive Owen when he was sitting at The Drake Hotel a few nightsback minding his own hubba-hubba business She got a little Closer whispered something in his ear, andthen planted one on his lips before the star could get in a single word. Then she bolted just as quickly.

National Post

http://www.ginoempry.com/news/natpost_03072006.htm

Calvin Barry- Presenter @ Workshop for Prosecuting Traffickers

11. HOW DO WE OPERATIONALIZE THE DEFINITION OF TRAFFICKING IN THE UNITED NATIONS PROTOCOL?
ORGANIZER
Gillian Blackell, Status of Women Canadablackellg@swc-cfc.gc.ca
DESCRIPTION


The purpose of this workshop is to present some of the current practices related to prosecuting traffickers and to speculate, based on current practices, on possible challenges in operationalizing the new definition of trafficking in persons. Related to the operationalization of
the definition are questions concerning the identification of trafficking victims, the resolution of competing law enforcement and immigration interests, the need to provide protection to trafficking victims etc.


It is hoped that by examining the current process in light of the new definition some research gaps might be identified that would relate directly to an emerging need for developing further government policy in this area.

PRESENTERS
Calvin Barry, Crown Prosecutor

Gillian Blackell, Status of Women Canada
Audry Macklin, University of Toronto
Robin Pike, British Columbia Ministry for Child and Family Development
Josée Therien, Royal Canadian Mounted Police

http://canada.metropolis.net/events/ottawa/workshops/index_e.html

Calvin Barry- Prosecutes Supermodel Sex Assault

TORONTO, OntSupermodel won't step foot in Toronto court -- (Cnews) Supermodel Naomi Campbell won't have to return to Canada to face her accuser. At a hearing in a Toronto courtroom Monday, prosecutor Calvin Barry said Campbell would enter a plea Feb. 2 on a charge she beat up her assistant.

http://www.cybersleuths.com/news/00__2000news/01242000.htm

Calvin Barry- Maclean's Magazine Article- New Youth Crime Act

AT FIRST GLANCE, Greg looks much like the other inmates at the Toronto Youth Assessment Centre. Shoulder-length black hair pulled back in a ponytail, he's dressed in standard-issue burgundy T-shirt, sweatpants and running shoes with Velcro fasteners. But Greg is the boss of his cellblock, or what inmates call "the range" - and a symbol of what's wrong with prisons for kids. His territory isn't much to brag about: the cramped cells and cluttered common areas at TYAC smell of rotting food, sweat and smuggled-in cigarettes. Still, Greg (a pseudonym - like all the young offenders in this story, he can't be identified) enjoys the privileges of power. The previous night, he says, he was charged for beating up another inmate but was released from solitary confinement early because another kid on the range agreed to take the blame. And at dinner, a tall skinny kid gets him an extra slice of pizza and exchanges his milk for juice. "I hate milk," Greg explains to a visitor.
The source of Greg's power isn't his claim that he is the leader of a Toronto gang (he won't say which one) or the fact that he says he's a TYAC veteran with a mile-long rap sheet (it's his third stint). His strength is his violent "management" style - he says he and his "soldiers" use tightly rolled newspapers as bats to beat on and control other inmates. That's the norm in youth prisons: inmate-on-inmate assaults are so pervasive that one guard at a southern Ontario facility says he'd take "working at an adult penitentiary any day over working with kids who will kill each other at any time."
Violence is probably inevitable in youth detention - these aren't choirboys and girls. But the brutality that's become common in juvenile institutions, experts say, is directly related to chronic overcrowding. It's a problem that has crept into the system since the Young Offenders Act was enacted in 1984; Canada's youth incarceration rate has climbed to the highest of any Western nation. And it's a problem the newly minted Youth Criminal Justice Act aims to solve, by sending fewer kids to prison. As of April 1, chronic, repeat offenders or violent criminals will be sent to youth jails, as they were in the past. Most other cases, though, will be referred to community service or restorative justice programs in which victims and offenders meet and work out non-jail sentences together.
Roughly 23,000 young offenders were placed in custody in 1999-2000. Of those, 22 per cent committed offences involving violence, and less than one per cent were jailed for murder or manslaughter. But they get thrown into the same centres as the kids serving short sentences for petty theft, vandalism or administrative offences, including failure to appear in court. Being housed with hardcore inmates has a negative effect on low-risk offenders, says University of Western Ontario psychologist Alan Leschied. Prisons for kids are like finishing schools for gang members and career criminals, which fuels Canada's high rate of recidivism. In 1999-2000 - the most recent statistics available for young offenders - 53 per cent of property crimes and 25 per cent of assaults involved those with prior convictions.
Those alarming statistics, and the overcrowded prisons, prompted Ottawa to redraft its legislation. Signed into law on April 1, the new act takes its cues from studies that claim the majority of deviant youth behaviour can be turned around without incarceration. "There is a lot of scaremongering that goes on with young offenders but, in reality, most of the offences are minor," says Toronto defence lawyer Brian Scully. "Violent crime hasn't increased, yet youth were getting harsher and longer sentences than many adults."
Jeremy, a short and slender 17-year-old, illustrates the rationale behind the new rules. He's been at TYAC for several months, for car theft and a break-and-enter. Sitting on his bunk, Jeremy looks wistfully at photographs of his girlfriend, a pretty blond with bright blue eyes. "I try to call her every day," he says. "But sometimes I can't because the other kids in the dorm take my telephone privileges for themselves."
If Greg's the bully, Jeremy's the bullied. When he first arrived, he says, he was soldiered - an act in which a rookie prisoner is beaten by another inmate. Jeremy says he's seen other TYAC rituals: sometimes, inmates tie another kid's hands, feet and neck to one of the metal bed frames with sheets and then beat his exposed torso, or they force their peers to stick their heads in toilets filled with urine and feces and blow bubbles. Jeremy says he's turned to prayer to help him survive. "I pray whenever a fight begins that I am left out," he says. "I pray for the other kids that they don't get hurt."
But kids at TYAC do get hurt. An Ontario judge called conditions at TYAC "hellish," and gave one boy, up on charges of mischief and stealing cars, an absolute discharge after he was attacked in the facility last fall. Last autumn, another boy there committed suicide, and Ontario's Chief Advocate with the Ministry of Community, Family and Children's Services, Judy Finlay, is reviewing the level of care at TYAC. Finlay noted in a 2000 report that most prisoners spend their days confined to cells or dorms, bored. Frustrated, they set fires, or flood their blocks by plugging toilets with paper and clothing. Eventually, they take out their frustrations on each other. "The public wants kids punished for their crimes," says Finlay. "But we also want them rehabilitated so when they come out they are not a greater risk to society. Nobody wants these kids brutalized."
A FAR different form of justice is being meted out in a cosy Calgary home, where 16-year-old Dylan and his parents are meeting with Brian. The boys are munching on potato chips and pretzels and talking sports - specifically, Brian wants to know how Dylan's basketball team is doing. The subject makes the parents and the two boys laugh. After all, it was hoops that caused all of their lives to collide. Two years ago, at 14, Brian was charged with assault causing bodily harm for punching Dylan in the face and breaking his nose at a school basketball game. Brian might have faced jail time for the assault. Instead, the boys agreed to take part in a restorative justice program called conferencing, an option promoted by the new federal act but one that's already been used extensively in Alberta. In effect, it allows victims, offenders and their families to meet and settle the issues themselves.
Brian's and Dylan's conference took place at a church, and within minutes of starting, Brian admitted his guilt. He also apologized to Dylan, explaining that he was trying to defend his little brother, who was playing against Dylan on the opposing team, and went too far. The process had profound effects on both sides. Brian got to see the impact of his assault on Dylan and his family. And Dylan's parents say the conference gave them a chance to see that Brian wasn't the "monster" they'd imagined him to be after the attack took place. "He was just like my own son," says Dylan's mother. The boys, meanwhile, discovered they had a lot in common. Dylan's dad, who says he once thought restorative justice to be "bleeding-heart liberal stuff and a way for Brian to avoid punishment," wrote a letter to the court recommending that the charges be dropped. The presiding judge agreed, and the case was resolved.
Brian hasn't been in trouble since. "Facing what I did to Dylan was hard," he says. "I would have taken prison over meeting him. It would have been much easier for me to keep blaming someone else for my actions but to take responsibility in front of him and his family was really difficult."
Calgary got a head start on conferencing in 1998 at the suggestion of Doug Borch, then a probation officer. Borch, now a coordinator with Calgary's children and youth services, had conducted research for his master's degree in social work that showed criminals were less likely to re-offend if they met their victims and understood the impact of their crimes. The meetings also helped victims deal with their anger and fears of retaliation by speaking to the offenders directly. Calgary's program works on about 150 youth cases a year, which has helped relieve overcrowding at the city's juvenile prison. As well, offenders who have taken part in restorative justice conferences re-offend at a far lower rate than those who are incarcerated. "We've had a lot of success with conferencing," says Brian Holtby, senior counsel at Calgary and Edmonton's Youth Criminal Defence Office. "It's great to see a recognition that conferencing works. As a result, we hope we can do more of it."
Alcohol and drug rehabilitation, family reconciliation and school and work programs to re-integrate young offenders into their communities will also become more common under the new act. As for kids who are incarcerated, they will now have to serve at least part of their sentences in the community. That suits Tom, a rough-looking 19-year-old who spent 16 months in custody. "There is no such thing as a positive experience in a youth jail," says Tom, who was found guilty of assault with a weapon causing bodily harm in 1999. "The general attitude of a lot of serious offenders is that they can get away with anything. Drug treatment programs in prison are a joke. Jail is just daycare." He adds: "Inmates don't take responsibility for their crimes or think about the good things they want to do when they get out. It's just a cycle: you get out, do another crime and go back in again."
Tom was then addicted to methamphetamines, had few job skills and had no money for college, so it would have been easy for him to fall back into his old habits. A social worker and Tom's parents helped him get his act together. He managed to complete high school behind bars, and now, out of prison, he's off hard drugs, working part-time and is enrolled in a welding program at community college.
The new act has garnered a lot of praise, but it has its critics, too. The act has a set of guidelines recommending which types of crimes will result in prison sentences and which ones won't. Politicians in Quebec - which already has one of the lowest rates of incarceration - don't want their courts to be governed by the guidelines. And some Ontario officials are also against the act. A decade of cutbacks have left the province without the community-service infrastructure to handle the increased number of kids. As a result, justice officials say some kids, who have committed minor offences post April 1, aren't even being charged because there's no room in the system. "The new act is going to make it easier for kids to escape punishment," says Calvin Barry, a Toronto Crown prosecutor. "The old act was bad enough. Kids were showing up in court, offence after offence, and getting two days in jail as their sentences - slaps on their wrists. I heard prosecutors and police refer to the old system as Smurf court and the Goof Act. With the new act, kids won't even get their slaps in court."
Serious offenders, however, will not get off so lightly. Children who commit heinous crimes will still go to prison. And even though they will be tried in a juvenile court, under the new act they could be handed an adult sentence that is longer than the maximum juvenile term of three years. That's a change that Theresa McCuaig wishes had come earlier. On October 25, 1995, an Ottawa gang called Ace Crew beat her grandson, Sylvain Leduc, 17, to death. A 17-year-old girl, with a long list of prior convictions including assault, had instigated the brutal slaying.
McCuaig hoped the girl would be tried in adult court in the belief that a longer sentence was a more just punishment. A judge denied the Crown's request for a transfer and the girl spent a mere 18 months in a halfway house and then 18 months on parole. "Offenders need to be given the proper time to be turned around," says McCuaig. "A kid is not going to do this in 18 months, in open custody, in a halfway house."
FOR SOME KIDS, the new act comes too late. Patrick, for instance, never wanted to be a career criminal. There was a time when the one-time honour-roll student harboured dreams of becoming a fireman. But Patrick's unstable upbringing dampened his dreams. Since he was a small child, he and his single mother, who suffers from manic depression, have battled physically with one another. Patrick, now 17, says he probably would have been taken out of her care at age 7 if he had reported it. But he stayed. He travelled with his mum as she pursued boyfriends and work in one Canadian city after another. The instability took a heavy toll. Patrick lost a year of school.
Last June, his mother kicked him out of their house in Calgary, saying she couldn't take the fighting anymore. Within two weeks of moving into a youth shelter, Patrick committed his first crime, an attempted mugging, with two kids he'd met at the centre. He spent a couple of weeks in prison. He returned home to his mother, but shortly after, she threw him out again. He stayed with one of his mum's ex-boyfriends for awhile, then began living on the streets. The teenager, who used to enjoy snowboarding, became depressed. He beat up a kid at school who had been teasing him, and found himself facing assault charges. Soon after, he and some boys from another youth shelter robbed a liquor store. Then, on Valentine's Day, Patrick attempted to rob a convenience store with a fake gun. "I don't know why," he says. "I guess I was testing myself, seeing what I could get away with."
Patrick was apprehended by police and sent to live at a residence for homeless kids in trouble with the law called Raido, which is the rune for travel and journey. At Raido, Patrick talked about returning to school and finding a part-time job. But when he was charged for some old offences and faced the prospect of more jail time, he stole a car and tried to get away. He got caught and now resides in a B.C. penitentiary. David Staines, Raido's program director, isn't surprised. "Patrick's previous jail experiences spooked him, so he fled," says Staines. "If Patrick had been sentenced for his first crime under the new act and come to us right away, things might have been different."
See also JUVENILE JUSTICE SYSTEMS.
Maclean's June 9, 2003
Author SUSAN MCCLELLAND

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