Monday, November 28, 2011

Calvin Barry explains the system and sentencing for drunk driving cases

SUN NEWS:
Explaining sentencing

September 1, 2011 10:33

Jack Tobin got a 3-year sentence for the drunk-driving death of his friend. Criminal laywer Calvin Barry explains the system and sentencing for drunk driving cases.


http://www.sunnewsnetwork.ca/video/1138415630001

Click above link to watch video.

Calvin Barry

Thursday, November 17, 2011

Tuesday, November 15, 2011

Calvin Barry, Criminal Lawyer

Makhniashvili deserves strong sentence
By Michele Mandel ,Toronto Sun
First posted: Thursday, October 20, 2011
Vakhtang Makhniashvili, seen here in a photo taken about a month after his daughter went missing in 2009, will be sentenced Dec. 8 for attacking three people with knives.
(JACK BOLAND/Toronto Sun files)

TORONTO - Sympathy goes only so far.

Vakhtang Makhniashvili may be grieving a missing daughter, but his unprovoked stabbing spree has left four victims still struggling to rebuild their shattered lives. He haunts their nightmares and their waking hours and one by one, they took their place before him in a College Park courtroom to finally detail the physical and mental anguish they continue to endure.

While in return, the paranoid delusional, tormented man rose to offer the briefest of apologies. “I realize how much pain and trouble I’ve caused to society, my family and the victims,” he said in a small voice before being taken back to his cell.

And that is where he should remain for a good long time.

Makhniashvili, 51, has pleaded guilty to three counts of aggravated assault. At his sentence hearing Thursday, court heard he’s been diagnosed with delusional disorder and defence lawyer Calvin Barry said it was stress over his daughter Mariam’s 2009 disappearance that precipitated his uncharacteristic violence.

He assured Justice Rebecca Rutherford that his remorseful client will take psychiatric medication and asked that Makhniashvili be sentenced to just one more year on top of the 11 months and 19 days he’s already spent behind bars.

But after hearing from his emotional victims, that can hardly be enough.

On May 7, 2010, Sean Ure and his wife were bathing their seven-month-old son Liam when there was a knock on their apartment door. Without warning, his “very violent and enraged” neighbour across the hall had plunged a knife into the 26-year-old’s abdomen, cutting him so deep that he was left holding his insides with his bloodied hands.

Makhniashvili had just learned that a decomposed body had been found and in his delusional state, believed his neighbours were responsible for killing his daughter.

“When I try to sleep at night I often see his eyes ripping into me,” the young, red bearded man said, reading his victim impact statement. “I will never forget the rage that Vakhtang had in them.”

Ure now has a scar from his ribs to his navel and spent months recuperating where he couldn’t work or even change his baby’s diaper. “I will never forget,” he said softly, “and forgiveness is very unlikely.”

His partner Sonja Dodd says their son still wakes screaming from nightmares while she can’t shake the terror of what might have been. “What if I had answered the door with Liam in my arms?” she asked.

It was then Delores Langer’s turn to take the stand. The elegant woman took several moments to compose herself before describing in heartbreaking detail how she’s a shadow of the strong, outgoing chef and volunteer she used to be.

Her only mistake was once trusting and posting bail for Makhniashvili.

On Nov. 4, 2010, just days after his son George mysteriously went missing for 13 hours, Makhniashvili viciously attacked both Langer and her husband David, holding his former sureties somehow responsible for a negative newspaper article written about him.

He stabbed Langer right through the arm, severing the nerves, tendons, and muscle fibres to the point that her left hand is now permanently disfigured and paralysed. Unable to work, drive or even do up her bra, she’s dependent on her husband for even the simplest tasks and is mired in constant pain. “I want to end my life so he doesn’t have to be constantly at my side taking care of me,” she said, her voice dissolving into sobs.

Her husband fought back his own tears as he took her place.

He was stabbed in the lower intestine, broke his right shoulder in their struggle and almost severed his left thumb trying to remove the knife . But far worse, the private investigator said, was not being able to rescue his wife.

“I was lying on my back and Vakhtang was chasing my wife with a knife and I couldn’t help,” he recalled. “She was screaming and he was attacking her and that’s something I really regret.”

Makhniashvili’s pain can’t excuse the pain he’s caused others. For his “senseless and gratuitous violence,” prosecutor John Cisorio is seeking an eight to 10 year sentence less his 11 months in custody.

The judge has reserved her decision until Dec. 8.

http://www.torontosun.com/2011/10/20/makhniashvili-deserves-strong-sentence

Calvin Barry, Criminal Lawyer

Daughter’s disappearance may have sparked delusions, sentencing hearing told

Published On Thu Oct 20 2011

When his teenage daughter, Mariam, disappeared without a trace in 2009, Vakhtang Makhniashvili snapped.

He stabbed three people last year, and his actions were likely caused by the delusional disorder he developed after the disappearance, according to a court-ordered psychiatric assessment.

Makhniashvili has pleaded guilty to three counts of aggravated assault for attacks motivated by “paranoid delusions” about his neighbours and former surety, his lawyer, Calvin Barry, told the sentencing hearing Thursday.

Makhniashvili stood up to apologize in court.

“I realize how much pain I’ve caused to society, to my victims, to my family and to myself,” he said quietly.

The pain has been extreme. Makhniashvili’s victims struggled to keep their composure when they read their impact statements.

“I am subjected to this nightmare constantly,” said Sean Ure, whose “insides spilled into his hands” after his neighbour stabbed him in the gut in May 2010.

His injuries left him unable to work or care for his 7-month-old son. His family moved for fear of their lives.

“I’ll never forget the terror of that man standing in our hallway or the look in his eyes,” said his partner, Sonja Dobb.

Makhniashvili’s attack may have been triggered because a body had been found nearby the same week, although it wasn’t Mariam and Ure had nothing to do with it, Barry said.

Makhniashvili was subsequently released on $50,000 bail. David Langer and his wife, Delores (Rosie), were his surety.

The Langers originally met him through a Facebook group that was searching for Mariam. Langer used to be a private detective and he “put his trust in Vakhtang 100 per cent,” he said.

But seven months later, Makhniashvili violently attacked the Langers at their Leslieville home — the identical offence for which he was out on bail.

This time, the violence may have been triggered by an 11-hour disappearance of Makhniashvili’s son, the subject of an unfavourable article by Star columnist Rosie DiManno.

Makhniashvili mistakenly thought the Langers were responsible for DiManno’s story. He drove to their house, knocked on the door and attacked them both.

Since the assault, the Langers have dealt with disturbing nightmares, constant fear, disabilities and pain, they told the court.

The injury to Delores Langer’s left arm caused paralysis in her hand.

She is severely depressed as she can no longer cook (her profession) or garden (her passion), and she depends on her husband to help her with daily activities such as brushing her hair or zipping up her pants, she said.

“I wanted to take my life,” she said, describing a day this summer. She is under psychiatric care.

David Langer, who required surgery for the wounds in his stomach, was emotional when he took the stand. The worst part, he said, is seeing his wife suffer.

The Langers are now too afraid to answer their front door. They held hands as they sat a metre and a half away from their assailant.

In an interview outside the courtroom, Makhniashvili’s wife, Lela Tabidze, said she is hopeful treatment will be a “step towards recovery.” Hearing the victims read their statements was the “toughest moment,” she said.

“Our main task is to find our daughter,” she added, saying they still hope she is alive.

Barry has recommended that on top of Makhniashvili’s 11 months in custody, he serve another year and two weeks plus three years of probation.

Crown Attorney John Cisorio is seeking a term of eight to 10 years.

Justice Rebecca Rutherford is expected to deliver her decision Dec. 8.

http://www.thestar.com/news/crime/article/1073336--daughter-s-disappearance-may-have-sparked-delusions-sentencing-hearing-told

Monday, November 14, 2011

Calvin Barry Makes Charitable Donation

Very Big Thank You!


Dear Calvin,

"Africa Comes Alive" was an enormous success- thanks to you!

For all of you who made it out to Maro- thank you for coming to support our efforts. we appreciated that very much.

And thanks to everyone who sponsored children in A Hi Kulene! Be sure to send me their names so we can meet them the next time we are there. How exciting is that?

One more big thank you for your donations and for purchasing items in the live and silent auctions. We will match every cent raised and it all goes towards helping children and their families in A Hi Kulene! Your support from the evening will help finish the school project we are so excited about!

If you weren't able to attend or didn't get around to making a donation or sponsoring a child (so much going on in the evening!), you can still do so by calling Patrick Diltz at World Vision at (866) 825-1697.

Together we have made the lives of many children better!! I hope that feeling lasts for all of you through the weekend and beyond! Have a good one!

Love, Joan



http://campaign.r20.constantcontact.com/render?llr=akie9xhab&v=001UIzoyTILna3pjSyuPoXOKkH2rl6tFY1rHKNJvIxyzgjDAbeqkaarQqWh6O7VuSr29jNH_MYAkGjFLKLPB7zYGbmnroFzH9koxsrWxjXEazWxxzW9doschx0Y4_-F06QrrE_-QpqK2t0%3D

Friday, November 11, 2011

Monday, November 7, 2011

Seventh suspicious package found at Halloween party store

Amazing Party Store owner Shawn Hamilton described the placing of suspected explosives in his store as "business terrorism."


Police uncovered yet another suspicious package inside the Amazing Party Store late Tuesday afternoon, bringing to seven the number of suspicious devices found there since Friday night.

The latest package was discovered by investigators who were combing through the Etobicoke costume store after a sixth suspicious package was found around 11:30 a.m. Tuesday, said Toronto police Staff Sgt. Jim Walker

The fifth suspicious package was also found early Tuesday, around 5 a.m. In a news release, police confirmed that the first six devices had been safely defused without injuries to people or damage to the store.

The bomb squad was on the scene to examine the seventh package, which CP24 news reported was found in a black leather bag. At this point, police do not know how or when the packages got into the store. It is unknown if all of them were planted at once or over time.

“The items are sophisticated and are capable of causing serious bodily harm or death,” said Insp. Gerry Cashman. He added “they are the real deal,” and put together by someone who knows what they are doing.

Amazing Party Store has been shut down since Monday night, when police bomb squad officers were called in to investigate a fourth suspicious package that was found around 7:30 p.m.

It reopened Monday morning after bomb scares Friday and Saturday forced it to close for most of the weekend.

Councillor Mark Grimes of Etobicoke-Lakeshore says the situation is regrettable and shocking.

“We recognize that many local businesses have been closed and suffered lost revenue due to this investigation, and thank them for their cooperation during this difficult time,” said Grimes. “I have every confidence in the Toronto Police Services that they will resolve this matter in a timely manner.”

Store owner Shawn Hamilton had estimated he lost more than $300,000 in business during the lucrative run-up to Halloween.

“It is business terrorism because I was targeted on the three most important days of my year,” Hamilton said. “We can never get those sales back because this Halloween season is over, Saturday being the most crucial day because that’s when most of the parties are on.

“Myself personally, my family, my staff and my customers were terrorized from the suspicious packages that were left at our store.”

As of Monday, the Toronto police organized crime unit took over the investigation, said spokesman Victor Kwong.

The chemical, biological, radiological and nuclear unit dismantled the first package, and the explosive disposal unit (part of the Emergency Task Force) took apart the four other packages.

Police are unclear whether the devices posed a danger but dismantled them because “they couldn’t determine that it wasn’t harmful,” said Kwong. He could not specify the type of explosives found.

With files from Gustavo Vieira and Kirsten Parucha and Peter Edwards

http://www.thestar.com/news/crime/article/1079286--sixth-suspicious-package-found-at-halloween-party-store

Calvin Barry Attends Osgoode Hall Class of 1986 Reunion

Calvin Barry Sponsors Thunder Bay Kings Hockey Player Cale Leeson, Assistant Captain

Seventh suspicious package found at costume store

An Etobicoke Halloween store is forced to close its doors after a fifth suspicious package is discovered, Tuesday, Nov. 1, 2011. (Tom Stefanac / CTV News)

ctvtoronto.ca

Date: Tuesday Nov. 1, 2011 10:25 PM ET

A seventh suspicious package has been found inside a costume store in Etobicoke, Ont., that has been "terrorized" by explosive devices over the Halloween weekend.

Toronto police said Tuesday afternoon that they had discovered another suspicious package inside the Amazing Party and Costume Store, located near the Gardiner Expressway and Islington Avenue.

The package was found inside a black leather bag hidden beneath some paper bags in the store, CP24 reported.

Two others have been discovered since police closed down the store Monday evening.

Police say all seven packages contained explosives, forcing two evacuations and days of closure over the busy Halloween weekend.

The organized crime unit has taken over the police investigation, which is something the store owner's lawyer, Calvin Barry, said is "suspicious and doesn't bode well in terms of who'd be doing this."

Scare began Friday

A bomb squad was called to the business for the first time on Friday, after staff found a suspicious package.

Two more packages were found at the location over the weekend – one by a police sniffer dog and another by an officer while searching through the store's inventory. A bomb disposal robot was used to remove them from the scene.

The store re-opened on Monday only to be closed again when a staff member discovered a fourth explosive package. Police say a fifth device was uncovered during their search early Tuesday morning.

The sixth device was uncovered Tuesday afternoon, forcing neighbouring businesses to remain closed while police searched the building.

Police have confirmed the first five packages contained a mixture of explosives, although they would not say what kind.

"They are active devices; they do have the potential to cause serious harm or death, or serious property damage," Insp. Gerry Cashman told reporters before noon on Tuesday.

Councillor Mark Grimes said the timing of the bomb scares was particularly bad.

"That this should happen during Halloween when there usually a high traffic of children, parents and customers in general is regrettable and shocking," he said in a statement Tuesday afternoon.

Grimes also noted that the costume store and several nearby businesses have lost revenue as a result of the incidents.

The Amazing Party and Costume Store confirmed the discovery of the first explosive device in a statement posted to its website over the weekend.

"There are no words to express the gratitude we feel towards our loyal customers, suppliers and neighbours for their support and understanding during this act of terrorism," the satement said.


http://toronto.ctv.ca/servlet/an/local/CTVNews/20111101/halloween-costume-store-close-bomb-scare-111101/20111101/?hub=TorontoNewHome

Bomb threats ruin Halloween at party store

Anita Li and Peter Edwards
Staff Reporters

Halloween was ruined for management at the Amazing Party Store on Monday evening when the bomb squad was called in — yet again — to investigate a suspicious package.

“It’s a suspicious device so they’ll have to take their time,” Staff Sgt. Jim Walker said an hour after officers evacuated the costume store off the Gardiner Expressway at Islington Ave.

Calvin Barry, lawyer for the store’s owner, Shawn Hamilton, said the popular party supplier had been targeted for “business terrorism.”

“I feel so sorry for the guy,” Barry said. “This is the time when he makes his money.”

It was the latest in a string of bomb scare shutdowns over the past few days at the Amazing Party Store.

The store reopened Monday morning after bomb scares forced it to close for most of the weekend before Halloween.

The store closed Friday afternoon after a suspicious device was discovered, but reopened later that evening.

It closed again Saturday morning after two more devices were found, and reopened 9 a.m. Monday, intending to serve customers until midnight.

Employees then rallied with a brief effort to spread Halloween cheer.

Wearing a bright red nose, rainbow wig, striped purple pants and checkered suspenders, Brandon Timney sauntered past aisles of demon masks and severed body parts. “People need cheering up today,” he said to customers with a smile.

On Monday morning, Hamilton was asked how he would make up for lost business.

“It’s going to be a busy day for me,” he said. “I have people to service, and to organize 50 staff, and try to salvage the last day of Halloween.”

At that point, Hamilton said he lost over $300,000 in business. To make up for it, he was offering a 50 per cent discount on all merchandise from Monday to this Saturday. Typically, the store only cuts prices in half on Nov. 1.

“It is business terrorism because I was targeted on the three most important days of my year,” Hamilton said. “We can never get those sales back because this Halloween season is over, Saturday being the most crucial day because that’s when most of the parties are on.

“Myself personally, my family, my staff and my customers were terrorized from the suspicious packages that were left at our store.”

Hamilton could not be reached for comment after the latest shutdown at about 7:30 p.m. Monday.

Just after 9 a.m. Monday, around 10 customers browsed the store, which sells an assortment of party supplies, including Halloween costumes and props. Those present took advantage of the sales.

“Everything’s on for 50 per cent off, so that’s a good incentive,” said Theresa Sitter, who wanted to buy a frog costume.

Other customers came out to support Hamilton.

“It’s kind of an institution in Toronto,” said Mark Halden. “So to be shut down there, he took a massive hit. Considering the economic times, I feel bad for him.”

Halden added he was unconcerned about the bomb threats because police secured the store over the weekend.

A customer found a suspicious package in the store Friday afternoon, and pointed it out to employees, said police spokesman Victor Kwong. The police chemical biological, radiological and nuclear unit responded and defused the device.

The Emergency Task Force, bomb disposal squad and canine unit were called in Saturday after an employee found the second device, which police defused by water cannon. After sweeping the store, officers found a third device, which they dismantled by robot.

Police are unclear whether the devices posed a danger but defused them because “they couldn’t determine that it wasn’t harmful,” said Kwong. He could not specify the type of explosives found.

http://www.thestar.com/news/article/1078575

Seventh bag of explosives found at party store

Tue Nov. 01 2011 8:26:32 PM |Web Staff, cp24.com

A Toronto police robot is pictured outside Amazing Party and Costume on Oxford Street in Etobicoke after a fifth suspicious device was found in four days Tuesday, Nov. 1, 2011. (CP24/Tom Stefanac)


A police bomb squad robot is pictured outside Amazing Party and Costume Store in Etobicoke on Saturday, Oct. 29, 2011, after explosive devices were found. (MyBreakingNews/Kelly Wallace)

The Toronto Police' organized crime unit is heading an investigation into the attempted bombing of an Etobicoke party store after seven packages of explosives were found on the property.

Police stepped up their investigation after officers found three suspicious packages at the Amazing Party and Costume store on Tuesday, bringing the total of suspicious packages found since Friday to seven. All seven packages contained potential explosives, police confirmed.

"This is not a prank. [The explosives] are the real deal," said Toronto Police 22 Division Insp. Gerry Cashman, speaking to reporters Tuesday. "They are being set up by somebody who has some knowledge of how to make these devices. They are very dangerous and could have caused certain bodily harm, death and serious property damage if it had gone off."

All of the packages were safely detonated by police experts. No one was injured.

Authorities said having the organized crime unit investigate the case does not necessarily mean the popular store was targeted by members of organized crime.

The shop was forced to close several times over the last few days as police, staff and even a customer found packages containing explosive devices.

The seventh package was found in a leather bag under a pile of paper bags at around 5 p.m. The sixth package was found near the front of the store at about 11:30 a.m. as 12 officers swept the building for evidence. The fifth package was found hours before at 5:30 a.m. A fourth package was found on Halloween night.

Police are remaining mum on suspects but say they are looking closely at footage from surveillance cameras on the property.

Cashman said inspectors are taking painstaking steps to ensure the property is free of any more explosives.

Police have set up a large security perimeter around the store as a safety precaution, cutting off access to some neighbouring businesses.

Police reopened the area to the public shortly before 8 p.m. Tuesday night.

The store is expected to reopen Wednesday.

The discoveries of the fourth and fifth package of explosives occurred almost 12 hours after the store, located on Oxford Street near the Gardiner Expressway and Islington Avenue, reopened after being shut down for most of the weekend.

'Business terrorism'

Staff closed the store after a customer spotted the first suspicious device on Friday, but it reopened later in the day. However, more explosives were found and store owner Sean Hamilton was forced to close the store for the rest of the weekend leading up to Halloween and miss out on some of the biggest sales days of the year.

Hamilton is calling the incident a case of "business terrorism."

His lawyer Calvin Barry told reporters Tuesday afternoon that Hamilton is concerned about the safety of his family and employees.

Police searched the store all weekend and cleared the scene Sunday night, allowing Hamilton to reopen Monday morning.

Hamilton said police told him the building was deemed safe for employees and customers.

It's not known if the fourth and fifth devices were placed in the store after it reopened or if they had been there for days and weren't discovered during the earlier police search.

Hamilton said he has lost about $500,000 in revenue because of this incident.

http://www.cp24.com/servlet/an/local/CTVNews/20111101/111101_suspicious_packages/20111101/?hub=CP24Home
Costume store owner vows to find bomb-scare culprits


ctvtoronto.ca

Date: Wednesday Nov. 2, 2011 9:56 PM ET

The man whose party supply store has been the target of recurring bomb scares over the past week says he's resorting to "underground sources" to help find the culprits.

Shawn Hamilton, owner of the Amazing Party and Costume Store, made the comment to reporters on Wednesday.

When asked whether by "underground" he was referring to organized crime, Hamilton replied: "I'm not even going to get into that."

The bomb scares took place over the busy Halloween weekend, forcing the Etobicoke store to close temporarily. Hamilton claims the ordeal has cost him $500,000 in lost sales.

"I am going to come after the people who are doing this," Hamilton said, announcing a $10,000 public reward for the identity of the people responsible for placing seven explosive devices inside his business.

"It is your turn to be terrorized and frightened that you are going to be found by the thousands of hours that the police and the government and the underground and the public are going to be searching for you."

The Toronto police's organized crime unit has joined the investigation at the store, which is located near the Gardiner Expressway and Islington Avenue.

Police had left the area by Wednesday afternoon, but Hamilton said he had not received word that he could re-open.

Hamilton said he has not been contacted by those responsible to explain why explosives were left in his store and demanded that those behind the "business terrorism" come forward.

"If this is a competitor that is doing this for money: stop being so greedy, stop being so lazy," he said. "If this is a personal vendetta against me -- come to me. Don't threaten my business and my employees."

The store owner's lawyer, Calvin Barry, said the fact that the Toronto police's organized crime unit has joined the investigation is "suspicious and doesn't bode well in terms of who'd be doing this."

CTV Toronto's Tamara Cherry pointed out that the intervention of the organized crime unit suggests it was a targeted attack, but not necessarily involving a gang.

Police have said all seven packages found in the store contained explosives, and could have been deadly had they detonated.

"They are active devices; they do have the potential to cause serious harm or death, or serious property damage," Insp. Gerry Cashman told reporters on Tuesday.

Scare began Friday

A bomb squad was called to the business for the first time on Friday after staff found a suspicious package.

Two more packages were found at the location over the weekend – one by a police sniffer dog and another by an officer while searching through the store's inventory. A bomb disposal robot was used to remove them from the scene.

The store re-opened on Monday only to be closed again when a staff member discovered a fourth explosive package. Police say a fifth device was uncovered during their search early Tuesday morning.

The sixth and seventh devices were uncovered Tuesday afternoon, forcing neighbouring businesses to remain closed while police searched the building.

Coun. Mark Grimes said the timing of the bomb scares was unfortunate.

"That this should happen during Halloween when there usually a high traffic of children, parents and customers in general is regrettable and shocking," he said in a statement Tuesday afternoon.

Grimes also noted that the costume store and several nearby businesses have lost revenue as a result of the incidents.

http://toronto.ctv.ca/servlet/an/local/CTVNews/20111102/organized-crime-probes-toronto-bomb-scare-111102/20111102/?hub=TorontoNewHome