Calvin barry blog

Calvin Barry

2012-01-04T14:23:00.001-08:00

Calvin Barry

2011-12-15T12:44:00.001-08:00

Calvin Barry

2011-12-15T12:35:00.001-08:00

Calvin Barry

2011-12-15T12:18:00.001-08:00

Calvin Barry, Toronto Lawyer

2011-12-15T12:15:00.001-08:00

Autism Speaks- Calvin Barry

2011-12-12T10:59:00.001-08:00

Dad of missing Toronto teen sentenced to 6 years for assaults

2011-12-09T09:01:00.000-08:00

The Canadian Press
Thu Dec 8 20110

Police probe report missing daughter sighted earlier this week

TORONTO The father of missing Toronto teen Mariam Makhniashvili has been sentenced to six years for aggravated assault.

Vakhtang Makhniashvili, who pleaded guilty earlier this year to three counts of aggravated assault, will serve four years and 11 months after time served is taken into account.

The charges followed two separate stabbing incidents last year, one involving a neighbour and the other a couple who had posted his bail.

Mariam Makhniashvili vanished in September 2009 when she was 17, and the only clue ever found was her backpack.

Defence lawyer Calvin Barry says the court took into account that Vakhtang Makhniashvili was suffering from mental health issues following his daughter’s disappearance.

“He had a delusional disorder that explained away at least some of what happened,” Barry said outside court.

“Not enough for an acquittal or not guilty, but enough for some compassion on a rehabilitative ground, you know, ‘Forgive me God for I know not what I do’ type of scenario.”

Barry added that his client was prepared for the sentence.

“He knew that he had to pay the piper — that there had to be a sentence meted out.”

Meanwhile, a police spokeswoman says investigators are looking into a reported sighting of Mariam earlier this week in Toronto.

Const. Wendy Drummond says police are going through surveillance video but can’t confirm it was the missing teen.

Drummond says police are constantly getting tips in the case and encourage the public to report any possible sightings of Mariam.

The Canadian Press

http://www.thespec.com/news/ontario/article/636466--dad-of-missing-toronto-teen-sentenced-to-6-years-for-assaults

Calvin Barry Defends Vakhtang Makhniashvili

2011-12-09T08:59:00.000-08:00

Mariam Makhniashvili’s father sentenced to 6 years for stabbingsPublished On Thu Dec 8 2011

Niamh Scallan
Staff Reporter

The father of missing teen Mariam Makhniashvili has been sentenced to six years in prison after pleading guilty to stabbing three people last year.

With credit for time served, Vakhtang Makhniashvili, 51, will spend another four years and 11 months behind bars.

“This is a very sad case. (He) is living every person’s nightmare, the loss of a child,” Justice Rebecca Rutherford said during the sentencing Thursday morning.

“His inability to cope appears to have led to the serious attacks” last year against neighbour Sean Ure and David and Delores Langer, the couple who bailed him out of jail, she said.

But the “surprise” knife attacks inflicted serious injuries, both physical and emotional, and warranted a stiff sentence, she added.

Makhniashvili, a Georgian immigrant who studied music, sociology and philosophy, stood in the prisoner’s box, his head bowed, as Rutherford read her sentence.

The family first made headlines in September 2009 when his daughter Mariam, 17, disappeared outside Forest Hill Collegiate.

Her whereabouts are still unknown.

Det. Sgt. Dan Nealon, lead investigator in the case, said police are looking into a reported sighting in Toronto earlier this week, reviewing surveillance video from the area.

Noting there is no “concrete evidence” the person was Mariam, Nealon said police have been flooded by hundreds of tips and reported sightings.

In October, a court-ordered psychiatric assessment revealed that Makhniashvili’s violent outbursts were related to a delusional disorder and were likely triggered by stress brought on by his daughter’s disappearance.

After Mariam vanished, he “became consumed” with trying to find her, scouring missing person’s websites for traces of his daughter, Rutherford said.

The family isolated themselves from friends and family, and Makhniashvili developed paranoid delusions about people around him, the judge added.

Crown Attorney John Cisorio argued for a prison term of eight to 10 years given the level of violence and the premeditated nature of the crimes.

Defence lawyer Calvin Barry said his client was suffering a mental illness at the time of the crime and has shown remorse. He called for one year and two weeks plus three years probation, on top of the 11 months spent in custody.

Rutherford said she accepted Makhniashvili’s remorse as genuine and that he suffered from a mental disorder which played a role in the attacks last year. But, she said, the “planned, unprovoked” violence involved in the attacks in his victims’ homes had to be taken into account.

Makhniashvili also faces a lifetime ban on prohibited weapons.

Outside the courthouse, Delores Langer rolled up her sleeve to show a jagged scar running up her left arm. She said the injury from Makhniashvili’s attack left her left hand paralyzed, but added that she empathized with his family.

“I feel his pain, he’s a parent . . . it’s tragic,” she said. “But I don’t condone violence. I hope he gets the help that he needs.”

http://www.thestar.com/news/crime/article/1098995--missing-girl-s-father-sentenced-to-6-years-for-stabbings

Vakhtang Makhniashvili sentenced to 6 years for stabbings

2011-12-09T08:56:00.000-08:00

Calvin Barry, Vakhtang Makhniashvili's lawyer, on Thursday, Dec. 8, 2011.

ctvtoronto.ca

Date: Thursday Dec. 8, 2011 11:34 AM ET

Vakhtang Makhniashvili, whose daughter Mariam disappeared in 2009, will serve four years and 11 months in jail for three 2010 stabbings, a Toronto judge ruled Thursday.

Makhniashvili, 51, pleaded guilty to three counts of aggravated assault last summer. While Justice Rebecca Rutherford sentenced him to six years in jail, that sentence was reduced due to time already served.

In May 2010, Makhniashvili stabbed a 26-year-old former neighbour after accusing him of being responsible for his daughter's disappearance.

In November 2010, he stabbed both David and Delores Langer, a couple who had come forward to help him post bail for the attack on the neighbour.

Makhniashvili later admitted to confronting the couple outside their Greenwood Avenue home and blaming them for a negative newspaper article about his family.

At a sentencing hearing in October, all three victims described extensive physical and emotional injuries resulting from the attacks. A psychiatric assessment presented to the court that day indicated Makhniashvili suffers from a delusional disorder.

"I would like to apologize to my victims. I didn't realize how much pain and trouble I've caused to society and my family," he told the court.

Mariam Makhniashvili vanished from her Toronto high school without a trace in September 2009. She was 17 at the time. Despite a national search, police have been unable to find her.

In November 2010, Mariam's brother Giorgi briefly ran away from home over a dispute with his father about playing the guitar. The teen's father had pushed him to focus on mathematics over music. Giorgi, who is now 18, turned up at a Vaughan police station about ten hours after his parents reported him missing.

http://toronto.ctv.ca/servlet/an/local/CTVNews/20111208/vakhtang-makhniashvili-assault-sentencing-111208/20111208?hub=TorontoNewHome

Click above link to view video of Calvin Barry

Father of missing teen Mariam Makhniashvili gets 6-year sentence

2011-12-09T08:48:00.000-08:00

Mariam Makhniashvili was 17 years old when she went missing in September 2009
Photo courtesy of: Missing Children Society of Canada

Father of missing teen Mariam Makhniashvili gets 6-year sentence

680News staff
Dec 08, 2011

TORONTO, Ont. - Vakhtang Makhniashvili, the father of missing teen Mariam, has been sentenced to six years in jail, Thursday, after he pleaded guilty to three counts of aggravated assault earlier this year.

He will serve four years and 11 months with a credit for pretrial custody.

"It's up to the judge, and they have to look at a lot of things - psychiatric reports, the breach of the bail, the horrible tragedy to the complainant," commented Makhniashvili's lawyer Calvin Barry.

"He had a delusional disorder that explained away at least some of what happened - not enough for an acquittal or not guilty, but enough for some compassion on a rehabilitative ground."

Earlier this year, Makhniashvili pleaded guilty to two separate stabbings, one of which involved a couple he blamed for a negative story on his daughter Mariam's disappearance in September of 2009.

Meanwhile, on the same day, police said they are looking into a reported sighting of Mariam earlier this week in Toronto.

Const. Wendy Drummond said police are going through surveillance video but can't confirm it was her.

"We've gone through hours and hours of video surveillance and tips that have come in," Drummond told 680News. "We continue to request the public to provide any information that they have, but unfortunately we have nothing that leads us in any one direction."

"There's nothing concrete to suggest it is Mariam."

The only clue ever found was the now 19 year old's backpack.

Barry said his client did not seem to know about the latest sighting tip.

http://www.680news.com/news/local/article/307983--father-of-missing-teen-mariam-makhniashvili-gets-6-year-sentence

Calvin Barry Supports Autism Speaks

2011-12-01T14:13:00.001-08:00

Calvin Barry Criminal Lawyer

2011-12-01T14:08:00.001-08:00

Calvin Barry Supports Autism Speaks

2011-12-01T08:36:00.001-08:00

Calvin Barry explains the system and sentencing for drunk driving cases

2011-11-28T12:27:00.000-08:00

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

2011-11-28T11:33:00.001-08:00

Calvin Barry Appears on City News

2011-11-17T11:17:00.000-08:00

Calvin Barry, Criminal Lawyer

2011-11-15T14:47:00.000-08:00

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

2011-11-15T14:43:00.000-08:00

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

Calvin Barry Makes Charitable Donation

2011-11-14T13:53:00.000-08:00

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

Calvin Barry Hosts Autism Gala

2011-11-11T09:12:00.001-08:00

Seventh suspicious package found at Halloween party store

2011-11-07T13:53:00.000-08:00

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

2011-11-07T13:48:00.000-08:00

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

2011-11-07T13:45:00.000-08:00

Seventh suspicious package found at costume store

2011-11-07T13:42:00.001-08:00

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

2011-11-07T13:39:00.000-08:00

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

2011-11-07T13:36:00.000-08:00

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

2011-11-07T13:32:00.000-08:00

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

Calvin Barry Hosts Charity Event

2011-10-25T13:37:00.001-07:00

We invite you to join us at our upcoming Gala in support of TEAM CJ-AUTISM SPEAKS:

· Event: Under the Big Top for AUTISM

www.autismgala.com

Special Guest ~ Roberto Alomar

· Where: Liberty Grand ~ TORONTO

· When: Thursday ~ November 10, 2011

6:30pm ~ Cocktails

7:30pm ~ Dinner and Show

· Tickets: $175 per Ticket

$1,500 per Table (10 tickets)

· For more information on how to purchase tickets or sponsorship opportunities, please visit www.autismgala.com and/or reply email to me.

· You can also visit us on FB http://www.facebook.com/#!/event.php?eid=137787236320380

On behalf of TEAM CJ and Autism Speaks, we thank you for your support and look forward to seeing you at the Gala.

Calvin Barry Thunder Bay Party

2011-10-21T14:08:00.001-07:00

Calvin Barry

2011-10-21T10:31:00.003-07:00

Calvin Barry

2011-10-21T10:31:00.001-07:00

Calvin Barry

2011-10-21T10:28:00.001-07:00

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

2011-10-21T09:41:00.000-07:00

Daughter’s disappearance may have sparked delusions, sentencing hearing told
Emily Jackson
Staff Reporter

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

Calvin Barry Attends Charity Function

2011-10-14T12:01:00.001-07:00

Calvin Barry

2011-09-09T09:48:00.001-07:00

Calvin Barry

2011-09-09T09:47:00.001-07:00

Calvin Barry- Defence Lawyer

2011-09-09T09:25:00.000-07:00

Mom, son fined $1M for insider trading
CBC News
Posted: Sep 2, 2011 2:25 PM ET

A mother and son from Mississauga will have to pay more than $1 million in fines and penalties after they were found guilty of profiting from insider trading on shares in the mother's company.

The Ontario Securities Commission settled with Helen and Paul Kuszper of Mississauga, Ont. on Friday. The two are accused of illegally trading in shares of Kingsway Financial Services Inc. in 2008.

The Kuszpers must give back all profits obtained of $321,772, pay an administrative penalty of $701,690 and pay costs of $30,000.

Mrs. Kuszper was a senior accountant in Kingsway’s investment reporting group. In April and May of 2008, she obtained information about the company's finances and tipped the information to her son before it was released to the public.
In one instance, she gave advance warning to her son that the company would report a $34.4-million net loss in the first quarter.

The two avoided major losses as the share price dropped more than $4 once the information became public, to $9.97 from $14.26.

"In this case, a company employee misappropriated confidential, material information and used it for her own gain and that of her son," OSC enforcement director Tom Atkinson said. "Such conduct is abusive of our capital markets and we will take action accordingly."

Internet and trading records indicated that the trading originated from a computer at Helen's business office, while Paul was living in Antigua, the OSC said.

Helen Kuszper is banned for life from trading securities and acting as an officer or director of a public company, while her son faces the same restrictions for at least 15 years.

With files from The Canadian Press

http://www.cbc.ca/news/business/story/2011/09/02/insider-trading-luszper.html

Calvin Barry

2011-09-09T09:23:00.000-07:00

Trial dates set for Black’s son in harassment case
Timothy Appleby
From Wednesday's Globe and Mail
Published Tuesday, Aug. 30, 2011 12:44PM EDT

Trial dates have been set for Conrad Black's eldest son, Jonathan, who says he has been singled out for special attention and will plead not guilty to charges of criminal harassment, uttering threats and breaching bail conditions.

In an interview, Mr. Black said he wanted the case resolved as swiftly as possible, and insisted that only because of his father’s troubles has an otherwise ordinary domestic dispute been catapulted into the spotlight, and generated such prosecutorial zeal.

“I’m pleading not guilty to all these charges, and so we’ll see what happens,” he said. “I did not threaten anybody, nor do I think this should have been a police matter. … Why I get so much attention … I think I have the answer. It’s because my Dad is Conrad and he has a famous case.”

In a brief hearing at Toronto’s Old City Hall criminal court Tuesday morning, two days were set aside: Dec. 15 and Jan. 17.

The charges against the younger Mr. Black were laid in January, and stem from complaints by a former girlfriend that after their relationship ended, he threatened her and left unwanted text messages on her phone.

Mr. Black, a 33-year-old bond trader, was freed on bail while awaiting trial on those charges. Police allege that he then began harassing his ex-girlfriend’s new boyfriend; he was arrested and charged a second time in March.

He did not appear in court, although shortly before the hearing, his lawyer, Calvin Barry, said he expected his client would attend.

On Sept. 6, his father, Conrad Black, will return to prison in Florida, near Miami, where he is to complete the final 13 months of a reduced, 42-month term.

Convicted in 2007 of three counts of fraud and one count of obstruction of justice over the misappropriation of $6.1-million (U.S.) at Chicago-based Hollinger International Inc., the fallen media mogul, now 66, has always insisted he was innocent of the crimes with which he was charged. Lord Black described his long-running battles with the U.S. justice system as “idiotic nonsense” in a recent newspaper interview.

http://www.theglobeandmail.com/news/national/ontario/trial-dates-set-for-blacks-son-in-harassment-case/article2147113/

Calvin Barry

2011-09-09T09:15:00.001-07:00

SUN NEWS- Calvin Barry

2011-09-06T07:10:00.000-07:00

http://www.sunnewsnetwork.ca/video/explaining-sentencing/1138415630001
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

Calvin Barry, Criminal Lawyer

2011-08-31T06:32:00.000-07:00

Conrad Black's son to plead not guilty
By Michele Mandel ,Toronto Sun
First posted: Tuesday, August 30, 2011 01:52 PM EDT

From left to right: Jonathan Black, defence attorney Calvin Barry, a court clerk and Judge Judge Faith Finnestad in this July 28 court sketch. (PAM DAVIES/Toronto Sun)

Conrad Black’s son will plead not guilty when he goes to trial in December on charges of criminal harassment and threatening bodily harm after an ex-girlfriend complained to police.

Jonathan Black, 33, was not in Old City Hall Tuesday morning when a judge was told that a scheduled June trial date had been postponed in hopes of reaching a “resolution” with the bond trader but now a trial will proceed on Dec. 15.

“He’s fine, he’s a professional and he’s pleading not guilty,” his lawyer, Calvin Barry, said outside the court.

Black was charged in December 2010 after his former girlfriend told Toronto Police that he would not leave her alone after the end of their one-year “tumultuous” relationship, calling and messaging her repeatedly and once leaving her as many as 60 text messages.

Black was released on bail on condition he not contact her again. Instead, police allege he resumed calling and texting, often to label her new boyfriend a “loser.”

He was charged again in March.

Black goes on trial Dec. 15 for the first set of charges and Jan. 17, 2012, for the second.

http://www.torontosun.com/2011/08/30/conrad-blacks-son-to-plead-not-guilty

Calvin Barry

2011-08-30T06:35:00.001-07:00

Calvin Barry

2011-08-30T06:34:00.001-07:00

Calvin Barry Defends Macdermid Ermacora

2011-08-26T09:45:00.000-07:00

Posted by Marianne Boucher Friday, August 19, 2011

http://www.courtsillustrated.com/

Calvin Barry Defends Robert Dunlop

2011-08-26T09:40:00.000-07:00

Posted by Marianne Boucher Monday, August 15, 2011

ROBERT DUNLOP CHARGED WITH THREATENING ROB FORD APPEARED AGAIN TODAY

http://www.courtsillustrated.com/

Calvin Barry Defends Jonathan Black

2011-08-26T09:37:00.000-07:00

http://www.courtsillustrated.com/

Posted by Marianne Boucher Thursday, July 28, 2011

Calvin Barry, Defence Lawyer for Ermacora

2011-08-25T14:04:00.000-07:00

http://news.sympatico.ctv.ca/home/contentposting?feedname=CTV-TOPSTORIES_V3&showbyline=True&date=true&newsitemid=CTVNews%2f20110824%2fcharges-upgraded-in-racquel-junio-death-110824

Clink link to view video of Calvin Barry on the Ermacora case.

Calvin Barry, Criminal Lawyer

2011-08-25T13:52:00.000-07:00

Wed Aug 24, 09:50 PM

Charge upgraded to murder in death of Racquel Junio

ctvtoronto.ca

Gary Murray, 42, left, appears in a Brampton court to face an accessory to murder charge after the fact in connection with the death of Racquel Junio, Wednesday, Aug. 24, 2011.

Two men accused of abducting a Brampton, Ont. woman found dead last week appeared in court on Wednesday after learning their assault charges had been upgraded.

Macdermid Ermacora, 43, has been charged with first-degree murder and Gary Murray, 42, faces a charge of accessory to murder after the fact in connection with the death of Racquel Junio.

Both men also face charges of kidnapping and forcible confinement.

Junio, 42, went missing on Aug. 18 after police received a call that she had been forced into a black Ford pickup truck outside a home she shared with Ermacora, her estranged husband.

Her body was found in a pond in Palgrave, Ont., over the weekend, nearly 30 kilometers from her home. Police said her body showed obvious signs of trauma. An autopsy was conducted on Monday, but the results have not been made public.

Calvin Barry, Ermacora's lawyer, said the tragic event was traumatizing for everyone involved in the case, after Ermacora requested medical attention at Maplehurst Correctional Complex, where his is being held.

"A lot of people have conditions when they're in confined spaces and when they're dealing with these type of issues," he said.

Gary Batasar, Murray's lawyer, said his client has "got himself in a situation that we're going to fight vigorously and defend the case through the courts."

"It's very hard for us to believe what happened because he's not that kind of person," said Sandra Casciato, an acquaintance of Ermacora and Junio.

Casciato said she remembered Ermacora was upset in the weeks before his wife was killed.

"He was crying, he was upset that she was taking everything, he didn't know how to deal with it," she said.

Peel police have stressed that the investigation into Junio's death is still ongoing. Investigators have said that they are still trying to fill in a timeline of what happened the night she went missing.

Ermacora and Murray are both expected to return to a Brampton courtroom for a bail hearing on Aug. 29. Due to the severity of the charges, it's not expected it will be granted for the next few weeks or months.

Anyone who may have seen Ermacora's pickup truck on Thursday morning or anyone with more information is asked to call Peel Regional Police at 905- 453-3311 or Crime Stoppers at 1-800-222-TIPS (8477).

With files from CTV Toronto's Tamara Cherry.

http://m.ctv.ca/topstories/20110824/charges-upgraded-in-racquel-junio-death-110824.html

Calvin Barry, Defence Attorney

2011-08-24T09:21:00.000-07:00

Brampton man charged as search for missing wife resumes

2011/08/19 | Marcia Chen, CityNews.ca staff

Homicide detectives continued their search for a 42-year-old Brampton woman Friday morning, as a judge ordered her estranged husband to remain in custody.

Macdermid Ermacora, 43, has been charged with kidnapping, forcible confinement and assault in connection with the alleged abduction of Raquel Junio.

At the bail hearing in a Brampton court, Crown lawyer Steve Sherriff appealed to Ermacora to “come to his senses” and reveal Junio’s whereabouts. He called the case “most serious” and said he would seek a life sentence.

He will be back in court next Wednesday.

Police said Ermacora was checked into hospital on Thursday for a personal condition. Those who know him told CityNews he has suffered from mental illness in the past.

"He's very tired and everything happened so quickly. He is not guilty. It's an allegation," said Ermacora’s lawyer, Calvin Barry. "We have to see where it goes, it's very early in the investigation."

The search for Junio will include the Brampton area and Nottawasaga, northwest of Toronto, where Ermacora’s family reportedly has property.

Witnesses told police they saw Ermacora force Junio into a black pickup truck outside a home near Steeles Avenue East and Torbram Road before heading north early Thursday morning.

Officers arrested him near Queen Street East and Rutherford Road more than six hours later and found the vehicle nearby.

They are asking anyone who might have seen the truck between 1:30 a.m. and 7 a.m. Thursday to call them. Peel police released a video of the truck on Friday afternoon.

Junio is Filipina, five-feet-two-inches tall, weighs 120 pounds and has shoulder-length black hair and brown eyes.

Anyone with information should call Peel Regional Police at (905) 453-2121, ext. 2133 or Crime Stoppers anonymously at 1-800-222-TIPS (8477).

http://www.citytv.com/toronto/citynews/news/local/article/149282--brampton-man-charged-as-search-for-missing-wife-resumes

2011-08-24T09:17:00.000-07:00

Husband charged with murder in Brampton kidnapping

Trinity Radio Toronto / News / Breaking News and Upcoming Events / Husband charged with murder in Brampton kidnapping

A Brampton man now faces a first-degree murder charge in the kidnapping and slaying of his wife.

Macdermid Ermacora, 43, is also charged with kidnapping and forcible confinement in last weeks abduction of Raquel Junio from the familys Deerfield Cres. home.

Junios body was recovered Saturday night from a small lake in Palgrave, north of Bolton.

A justice of the peace in Brampton court today ordered Ermacora not to have contact with several people, but prohibited publication of their names.

Former Crown attorney Calvin Barry, now a defence lawyer, appeared on behalf of Ermacora, who wore a wrinkled white t-shirt and stood silently in the prisoners dock.

He is to return to court again on Aug. 29.

Another man, Gary Murray of Brampton, is also charged with kidnapping and confining Junio. He is also charged with being an accessory after the fact in Junios slaying.

Murray was ordered to appear Thursday in Brampton court for a bail hearing.

http://trinityradio.ca/torontonew/news/husband-charged-with-murder-in-brampton-kidnapping

Calvin Barry, Criminal Lawyer

2011-08-23T10:53:00.001-07:00

Calvin Barry, Former Crown Attorney

2011-08-23T10:51:00.001-07:00

Calvin Barry, Toronto Lawyer

2011-08-23T09:32:00.000-07:00

Mental health bed sought for man charged with threatening mayor

Published On Thu Aug 18 2011

Peter Edwards
Staff Reporter

A Toronto man charged with threatening the life of Mayor Rob Ford in a Twitter message appeared briefly in court on Thursday, and smiled after he heard efforts are underway to get him a bed in a mental health facility.

Robert Melville Dunlop, 46, scratched his light beard and flashed a smile as defence lawyer Calvin Barry successfully requested permission to seek a mental health facility bed for him.

Dunlop, a burly man with a football lineman’s build, wore a denim shirt and red cargo shorts for his two-minute court appearance.

He is to appear back in court on Monday to discuss whether his case can be handled with treatment and medication, rather than prosecution.

Dunlop, who has no previous record, faces charges of threatening bodily harm and threatening death to the mayor.

He also faces charges of threatening a Toronto police officer and five graffiti charges for allegedly using silver spray paint to write “God Save Jack Layton” on the side of a car and “NDP” on a driveway.

Dunlop, who has no previous record, is accused of posting a threat of bodily harm on Ford’s Facebook account on July 27, the day before a 22-hour executive committee meeting on cuts to city services.

He’s also accused of threatening Ford’s life in an Aug. 1 Twitter message.

He appeared in courtroom 102 of Old City Hall, which has a special program to keep low-risk offenders with mental health problems out of the criminal justice system and give them the support they need to get their lives back on track.

The mental health court is the first in Canada, opening in 1998.

http://www.thestar.com/news/crime/article/1041586--mental-health-bed-sought-for-man-charged-with-threatening-mayor

Calvin Barry Defends Robert Dunlop

2011-08-11T13:37:00.001-07:00

Calvin Barry, Lawyer for Jonathan Black

2011-08-09T09:42:00.001-07:00

Calvin Barry, Lawyer for Rick Vaive

2011-08-09T09:38:00.001-07:00

Calvin Barry- Lawyer for VAIVE

2011-08-05T12:30:00.001-07:00

Former Leaf Vaive testifies he felt fine to drive

Former Toronto Maple Leafs captain Rick Vaive outside a Newmarket courthouse on Wednesday, Aug. 3, 2011.

The Canadian Press

Date: Friday Aug. 5, 2011 2:33 PM ET

NEWMARKET, Ont. — Former Toronto Maple Leafs captain Rick Vaive says he broke his own rule about drinking and driving the day he was arrested and charged by police.

Vaive told a Newmarket, Ont., court today he normally doesn't drive after having three drinks, but took the wheel after having six beers at a golf game on July 14, 2009.

He was arrested that night in Vaughan, Ont., just north of Toronto, and charged with impaired driving and driving with over 80 milligrams of alcohol in 100 millilitres of blood.

Vaive, 52, maintains he wasn't drunk and felt fine to drive from the golf course in Gravenhurst, Ont., to his home in Oakville, Ont., about a three-hour trip.

If convicted, Vaive could face for each charge a minimum fine of $1,000 and maximum of five years in prison for a first offence.

Vaive became the first player to score 50 goals in a season for the Maple Leafs in 1981-82, a feat he repeated the following two seasons.

http://toronto.ctv.ca/servlet/an/local/CTVNews/20110805/rick-vaive-impaired-driving-trial-110805/20110805/?hub=TorontoNewHome

Calvin Barry and Mason Millar Defend Rick Vaive

2011-08-04T07:32:00.000-07:00

Vaive testifies at his drunk driving trial
Michele Mandel
Yesterday at 8:25 PM

Former Leafs captain Rick Vaive leaves the Newmarket courthouse on Wednesday. (STAN BEHAL, Toronto Sun)

NEWMARKET — You couldn’t help but cringe in sympathy and embarrassment for former Leafs captain Rick Vaive.

But I guess that was the idea.

Taking the stand in his own defence on impaired driving charges, Vaive took a deep breath and confessed that he’s always had a bladder control problem and even has to carry an empty Gatorade bottle in the car with him wherever he goes.

“The bottle was full that day unfortunately,” he testified Wednesday.

That humiliating admission — elicited by his own lawyer — seems designed to explain why Vaive had a urine stain on his shorts when he was arrested for drunk driving and brought into the York Regional Police station two years ago.

So incontinence — not alcohol — was to blame.

Vaive said he lied when he told police he’d only had one beer that day. In fact, he said he drank six cans of Coors Light while golfing with his former hockey buddies in Gravenhurst but maintained he wasn’t impaired. “I thought my ability to drive was fine, I had no problem with it,” he insisted. “If I had of, I wouldn’t have driven.”

At about 8 p.m. on July 14, 2009, Vaive was on his way home to Oakville in his Ford F-150 pickup truck when he was pulled over by police on the southbound Hwy. 427 ramp from Hwy. 407. A witness had reported seeing him driving erratically in a Woodbridge parking lot. Handcuffed and placed in the cruiser, he was taken back to the station where he was charged with impaired driving after police say he blew more than twice the legal alcohol limit.

The news didn’t leak out to the media until several months later. Vaive, 52, has pleaded not guilty in the judge-alone trial before Justice Anne-Marie Hourigan.

After the Crown closed its case — the trial opened in February and was adjourned until now due to scheduling difficulties — the former Leafs star was called to the witness box.

It was finally his turn to give his side of the story. His turn to repolish a tarnished image.

The first Leaf to ever score more than 50 goals in one season, Vaive was team captain from 1982 to 1986, before being stripped of the C for missing a practice. Court heard the retired 14-year hockey player earns his living these days with public appearances, speaking engagements and stints on a few corporate boards all because of his former NHL status.

His image then is obviously key and yet the silver-haired father of two readily admitted to a multitude of physical and emotional ailments — including anxiety that requires a daily dose of Clonazepam, sleep apnea, a weak bladder, hip and prostate problems.

Yet his reputation can withstand all those far better than a conviction for impaired driving. And so Vaive blamed them all for his behaviour following his arrest while maintaining he was not drunk. He told the court he only lied to police because of nerves.

“Have you been consuming alcohol?” the cop had asked him during the video recorded breathalyzer test.

“Not today,” Vaive replied. “I had one beer.”

“Okay, that’s alcohol,” the officer pointed out. “Just one?”

“Right,” a weary Vaive responded. “It would have been about 2 o’clock.”

He now says he had his sixth beer at about 5 p.m. before heading home from cottage country. The former hockey great told defence lawyer Mason Millar that he didn’t tell the truth initially because he’d been up all night playing cards and was overtired and nervous.

“It was something I’d never been through before and it was something that just came out,” Vaive explained.

The defence seems to be suggesting the breathalyzer was mistaken. Cross-examined by Millar, the Crown toxicologist had testified that a 6-foot-1, 218-pound man — Vaive’s vitals at the time — who drank six cans of light beer between noon and 5 p.m. would not blow over the limit three hours later.

With the day of embarrassing admissions finally over and his cross-examination scheduled for Friday, the former Leafs captain left the courthouse with media cameras chasing him down the parking lot.

But no one else seemed to even know who he was.

Read Mandel Wednesday through Saturday.

michele.mandel@sunmedia.ca or 416-947-2231

http://m.torontosun.com/2011/08/03/vaive-testifies-at-his-drunk-driving-trial

Calvin Barry

2011-08-03T12:29:00.000-07:00

Calvin Barry, Toronto Lawyer

2011-08-03T12:27:00.001-07:00

Calvin Barry, Toronto Lawyer

2011-07-29T07:55:00.000-07:00

Conrad's son faces own legal problems

By Michele Mandel ,Toronto Sun
First posted: Thursday, July 28, 2011 7:53:29 EDT PM

Jonathan Black, son of Conrad Black, sits in prisoner's box while his attorney, Calvin Barry, speaks to Judge Faith Finnistad at Old City Hall court on Thursday. (PAM DAVIES/Illustration)

TORONTO - While Conrad Black is enjoying his last days of freedom before heading back to an American prison, his eldest son is undergoing his own legal troubles right here at home.

Dressed in a smart grey suit and lavender shirt, Jonathan Black looked uncomfortably out of place Thursday in the crowded legal zoo that is Old City Hall.

Home to petty thieves, panhandlers and guilty pleas, busy Courtroom 112 with its roaring air conditioner and assembly line justice is far from the cushy Bay St. environs more typical for the bond trader and former model.

But here he is, nonetheless, on charges of criminal harassment, uttering threats and breach of probation.

I’ve watched his father many times in a Chicago courtroom and though the elder is obviously much older and heavier, the resemblance is striking. With his reddish hair, he’s reminiscent of a more handsome Conan O’Brien and in his younger days, he reportedly graced the cover of European magazines.

But we are far from the glamour world here.

Black, 33, was charged in December 2010 after his former girlfriend complained to Toronto Police that following their split after a one-year “tumultuous” relationship, he would not leave her alone, calling and messaging her repeatedly, once leaving as many as 60 text messages on her phone.

Black was released on bail on condition he not contact her again. Instead, police allege he resumed calling and texting, often to label her new boyfriend a “loser”.

He was charged again in March.

As it turns out, this wasn’t the first time the younger Black was in the chaotic court. Almost exactly three years ago, he was in Old City Hall to plead guilty to ramming his Infiniti into a stopped minivan in the financial district and then driving away.

His criminal charges were bumped down to Highway Traffic Act violations and he was ordered to pay $2,000 in fines for failing to remain at the scene, driving under suspension, and following too closely.

And that wasn’t his first brush with the law, either. According to previous media reports, the then 19-year-old part-time model was given a suspended sentence for making threats to cause bodily harm to a man and a woman.

A few weeks earlier, he had been released on $2,000 bail after being accused of uttering a death threat to another man. The court then ordered him to avoid alcohol, non-prescribed drugs and the company of criminals, and to reside at the Homewood Sanitorium in Guelph. The charge was later withdrawn.

So this wasn’t all new to him then. But before he could get this over with, there was the matter of a Mr. McDonald on the long morning docket.

With the air blowing, spectators in spandex minis loudly talking and the lack of microphone, we didn’t catch his first name. He came into the prisoner’s box with the bright orange jumpsuit of the Don Jail, long unkempt hair and a wide smile. He’d been charged with panhandling yet again in traffic under the Gardiner Expressway. He’d been picked up three days before and was now before Justice Faith Finnestad, ready to plead guilty.

The kindly judge decided to sentence him to the three days he’s already served but warned that he may not get so lucky the next time before a different justice. So she warned him to stay away from weaving among the stopped cars along Lake Shore Blvd. “It is not the crime of the century but it is a nuisance. Motorists are probably complaining and the police probably have other things to do than watch for you under the Gardiner.”

And, she pointed out, he does receive a monthly Ontario Disability check and has shelter staff willing to help him.

“That should be enough,” she told him. “So don’t go back.”

To which the gentleman heartily agreed and court was cleared for the morning break.

By the time we reconvened, the younger Black was nowhere to be seen. He’d obviously witnessed enough and with the agreement of the Crown, was allowed to leave the brief appearance to his lawyer Calvin Barry.

But the younger Black can only avoid the day of reckoning for so long.

He’s scheduled to be back in the same court at the end of August, about the same time his father heads back to prison.

http://www.torontosun.com/2011/07/28/jonathan-black-faces-court-like-dad-conrad

2011-07-29T07:33:00.000-07:00

Mariam Makhniashvili’s father apologizes for court outbursts
2011/07/28 | Marcia Chen, CityNews.ca

A drawing of Vakhtang Makhniashvili in court on Nov. 5, 2010.

CITYNEWS/Marianne Boucher

A Toronto man who stabbed three people in the wake of his daughter’s disappearance two years ago apologized for his erratic behaviour at a sentencing hearing earlier this week.

Vakhtang Makhniashvili appeared calmer when the hearing resumed at the College Park courts Thursday morning and said he would co-operate with his sentencing and continue to retain Calvin Barry as his lawyer.

Judge Rebecca Rutherford delayed the proceedings on Tuesday after Makhniashvili twice interrupted to say he was pressured into pleading guilty and wanted to dismiss Barry.

He also said he was sleep-deprived and given drugs against his will.

The Crown had told the court that psychiatrist Julian Gojer could not reach a conclusive diagnosis, but he believes Makhniashvili suffers from a major illness certifiable under the Mental Health Act.

Prosecutors had also recommended he undergo more psychological testing to determine whether he posed a danger to himself or the public.

The hearing will resume on Sept. 9 when the court will check on funding for the psychologist and hear from Makhniashvili’s victims.

In 2010, Makhniashvili was charged with three counts of aggravated assault for attacking his neighbour and a married couple who had acted as his legal surety.

His daughter Mariam was 17 years old when she disappeared on her way to high school in September 2009 and hasn’t been found.

http://www.citytv.com/toronto/citynews/news/local/article/145673--mariam-makhniashvili-s-father-apologizes-for-court-outbursts

Calvin Barry Interviews

2011-07-29T07:29:00.000-07:00

http://vimeo.com/26982037

Several mentions of Calvin Barry's high profile cases have appeared on television. This link contains a video that is a compilation of Calvin's appearances on the news.

Calvin Barry Criminal Lawyer

2011-07-27T13:52:00.000-07:00

Tuesday, July 26, 2011
I didnt see that coming

"I didn't see that coming" says Calvin Barry of his clients sudden claims that he was forced to plead guilty to stabbing three people.

Yaktang Makhniashivili twice stood and interrupted his sentencing hearing, claiming he had been given drugs against his will and was pressured to plead guilty last May.
His three victims and their families sat in the College Park court room waiting, expecting to read their victim impact statements.

The hearing was put over to Thurs to sort through Mr M's wishes, to continue or hold a hearing to strike the pleas to agg. assault.

The three bizarre stabbings, the charge of attempt murder and now the claim of a forced plea of guilt all against the back-drop of his daughters tragic disappearance.

Originally Posted by marianne boucher at 1:03 PM
http://www.courtsillustrated.com/2011/07/i-didnt-see-that-coming.html

Calvin Barry, Toronto

2011-07-27T09:38:00.000-07:00

Makhniashvili's dad interrupts hearing to say guilty pleas were pressured

Paola Loriggio, The Canadian Press: Tuesday, July 26, 2011

TORONTO - The father of a missing young woman told a Toronto court Tuesday he was pressured and blackmailed into admitting he stabbed three people in two separate incidents last year.

Vakhtang Makhniashvili, 51, made the accusations from the prisoner's box in a series of outbursts that interrupted and eventually cut short his sentencing hearing.

Looking agitated, he stood up several times throughout the hearing to contest his guilty pleas and said he was given drugs without his consent while in custody.

"My plea was made under threat and blackmail," he said while his wife watched, stunned, in the courtroom.

The Georgian immigrant also tried to fire his lawyer, though he later changed his mind.

The Makhniashvili family had only been in Toronto for three months when their daughter Mariam, then 17, disappeared in September 2009.

Police have said there was no evidence to suggest that she had been abducted, that she was depressed or suicidal, that she ran away or that she fell victim to an accident.

Makhniashvili pleaded guilty in May to three counts of aggravated assault. Court was told at the time that he thought the victims were either involved in his daughter's disappearance or behind an unflattering newspaper article.

Justice Rebecca Rutherford broke off Tuesday's hearing to give defence lawyer Calvin Barry time to address his client's concerns and ensure his pleas were "free and voluntary."

"At this stage, I can't see how I can proceed any further," the judge said.

Makhniashvili is due back in court Thursday to explain how he wants to proceed and whether he intends to keep his lawyer.

His apparent change of heart doesn't guarantee the court will strike down his guilty pleas, though that is a possibility, Rutherford said.

It would mean taking the matter to trial, a much lengthier process. Makhniashvili has already expressed his desire to get the case resolved quickly.

Crown attorney John Cisorio argued "the pleas are legitimate pleas" and shouldn't be revoked unless new information takes the case in a different direction.

Barry said he didn't know what prompted Makhniashvili's courtroom declarations, but noted his client has been under constant stress since his daughter vanished.

"It was just spontaneous," he told reporters outside court. "He said what he said and I can't really go any further than that."

Earlier in the day, court heard a psychiatric report found Makhniashvili has a "major mental illness" but couldn't diagnose a specific condition.

The defence said it would seek further evaluation by a psychologist.

Makhniashvili admitted stabbing two people in front of their home last November. The victims had posted his bail after he was charged with stabbing a neighbour at his apartment building in May 2010.

© Copyright (c) Shaw Media Inc.

http://www.globalnational.com/Sentencing+hearing+Vakhtang+Makhniashvili+takes+dramatic+twist/5161346/story.html

CLICK LINK TO WATCH CALVIN BARRY ON GLOBAL NEWS TELEVISION

Calvin Barry Toronto Lawyer Defends Makniashvili

2011-07-26T13:10:00.000-07:00

Mariam's dad's bizarre court outburst

By Michele Mandel, QMI Agency

The father of missing teen Mariam Makniashvili disrupted his sentencing hearing Tuesday morning to complain about his treatment in jail.

"I was administered drugs without my consent," Vakhtang Makniashvili said in his surprise outburst before Judge Rebecca Rutherford. "These are things you need to know. "

The judge immediately ordered a recess and asked lawyer Calvin Barry to talk to his client before they resume.

Outside court, Barry said Makniashvili was upset because he had wrongly assumed the sentencing hearing would conclude that day. Instead, the Crown is asking for an additional psychological assessment.

Makhniashvili pleaded guilty in May to two separate stabbings in the months following his daughter's mysterious disappearance two years ago.

The first was inflicted on neighbour Sean Ure on May 7, 2010, and the second on Nov. 4, 2010, against David and Dolores Langer, the couple who had posted his bail.

The victims of his bizarre stabbing spree are expected to deliver victim impact statements when the hearing resumes.

http://cnews.canoe.ca/CNEWS/Crime/2011/07/26/18471196.html?cid=rssnewslast24hours

Calvin Barry Defends Makhniashvili

2011-07-26T07:42:00.000-07:00

Father of Miriam Makhniashvili to be sentenced Tuesday

2011/07/26 | Marcia Chen, CityNews.ca

A drawing of Vakhtang Makhniashvili in court on Nov. 5, 2010. CITYNEWS/Marianne Boucher

The father of a missing Toronto girl will be sentenced on Tuesday for stabbings that happened after she disappeared.

Vakhtang Makhniashvili pleaded guilty in May to three counts of aggravated assault for attacking his neighbour and a married couple who acted as his legal surety.

In the first incident, Makhniashvili stabbed his neighbour Sean Ure during a noise dispute and was later charged with aggravated assault, assault with a weapon, forcible entry and four counts of threatening bodily harm.

A couple Makhniashvili had never met, David Langer and his wife Delores, posted his $50,000 bail.
But Makhniashvili soon learned the Langers were actually private investigators who had taken an interest in his daughter’s disappearance.

He attacked the couple outside their Greenwood Avenue home in November of last year and then turned himself in to police.

Miriam Makhniashvili disappeared in September 2009 on her way to high school and hasn’t been found.

http://www.citytv.com/toronto/citynews/news/local/article/145088--father-of-miriam-makhniashvili-to-be-sentenced-tuesday

Calvin Barry, Toronto Lawyer

2011-07-26T06:46:00.000-07:00

Galea Assistant’s Loyalty May Be Key for Doctor
By SERGE F. KOVALESKI
Published: July 24, 2011

Anthony Galea, a Canadian doctor with a burgeoning client list of star American athletes, and Mary Anne Catalano, his loyal assistant, had their assigned roles.

Dr. Anthony Galea pleaded guilty this month to bringing misbranded and unapproved drugs into the United States.

Catalano would drive across the United States border, a stash of human growth hormone and other drugs and medical supplies in her car. Galea, not licensed to practice medicine in the United States, would treat his injured athletes — Tiger Woods, Alex Rodriguez and the Olympic swimmer Dara Torres, among others — in hotel rooms or their homes.

But before Galea would meet with the athletes, Catalano would pack his medical kit, complete with the drugs involved in that session’s treatment.

“When they took trips to the United States, Ms. Catalano would prepare Dr. Galea’s bag for each visit with an athlete,” Calvin Barry, a lawyer for Catalano, said recently. “She was his full-fledged assistant.”

Now, Catalano, 33, who first worked for Galea when she was 15, will be sentenced Monday in United States District Court in Buffalo. She began cooperating with federal investigators — United States Immigration and Customs Enforcement, the Food and Drug Administration and the F.B.I. — right after being detained at the Peace Bridge in Buffalo on Sept. 14, 2009. Catalano had been driving to Washington with unlawful medical goods in a duffel bag to meet Galea to treat an athlete there.

There is little doubt that the help Catalano has provided to the United States government was instrumental in getting Galea, 51, to plead guilty on July 6 to a felony charge of bringing misbranded and unapproved drugs into the United States. Galea, a father of seven children who has used H.G.H. on himself and who has his practice at the Institute of Sports Medicine Health and Wellness Center in Etobicoke, Ontario, is scheduled to be sentenced in October.

The trove of detailed patient information that Catalano has been privy to should, then, help authorities determine which professional athletes received what drugs and treatments from Galea, and whether those athletes have been truthful with federal investigators over the nearly two years of their inquiry.

Galea’s Denial

Galea has maintained that while he has treated some of his patients with H.G.H., he never used performance-enhancing drugs on the professional athletes who had enlisted him to help them recover from injuries.

Federal prosecutors have made it clear that they want Galea to be more forthcoming. Indeed, following Galea’s plea, prosecutors said that he would be required to cooperate with the government until his sentencing. What they expect from him are details about his treatment of specific athletes in the United States, information that prosecutors say could result in charges against athletes who may have lied to federal investigators or a grand jury.

Galea, who made dozens of trips to the United States from 2007 through September 2009 to care for prominent athletes with a variety of blood treatments, faces a maximum of three years in prison, but he could get significantly less depending on his level of cooperation and other factors.

As a result of Catalano’s help, prosecutors, in court papers this month, asked United States District Judge Richard Arcara to give Catalano only probation and no time behind bars. In June 2010, Catalano pleaded guilty to a felony charge of making false statements to federal officers at the Peace Bridge and faces a potential sentencing range of six to 12 months in prison.

“The cooperation of Mary Anne Catalano was a significant and substantial factor in obtaining a felony conviction against Dr. Anthony Galea,” Assistant United States Attorney Paul Campana wrote in his motion.

Campana also noted that “due in large part to Ms. Catalano’s continued cooperation,” a federal grand jury returned a five-count indictment last October, charging Galea with conspiracy, smuggling, two offenses relating to drugs that were misbranded and unapproved and aiding and assisting in the making of false statements to federal officers.

Per her arrangement with Galea, Catalano initially misled border authorities by telling them she was heading to Washington to attend a medical conference with her boss. She told them she was taking Galea’s medical equipment because he did not have time to pack it before leaving Canada. After further questioning, she conceded that her story was not true.

A person briefed on the case said that while Catalano was being detained at the border, Galea was sending her text messages on her cellphone urging her “to perpetuate the deception.” The person spoke on the condition of anonymity because much of the information from the investigation remains confidential.

Athletes Hold Firm

Since Galea’s arrest, representatives of Woods have said he never received performance-enhancing drugs during the treatments he received from Galea, efforts that were meant to speed his recovery from a knee injury. Rodriguez, the third baseman for the Yankees, has told Major League Baseball’s investigators that he did not receive performance-enhancing drugs, either.

Lawyers for Galea and Catalano, for their part, have gone to lengths in the aftermath of Galea’s plea to assert publicly that Woods indeed never received H.G.H. from the doctor.

Asked a week later whether he could also provide details of Galea’s treatment of Rodriguez, the doctor’s Canadian lawyer, Brian Greenspan, said via an e-mail that he could not comment because of “the privacy interests of patients and physician-patient confidentiality.”

Greenspan, who declined to be interviewed, further wrote that he addressed Woods’s situation publicly because Woods’s name had come up during Galea’s plea hearing in court, and he was asked specifically about the golfer afterward by reporters. He would not say, though, whether he had needed or received Woods’s permission to publicly discuss aspects of the golfer’s treatment by Galea.

Catalano, who has worked as an administrative assistant for a different doctor in Toronto since November 2010, was originally accused of smuggling illegal substances across the border from Canada into the United States. Last summer, in exchange for her cooperation, she was allowed to plead guilty to the lesser charge of making false statements to border agents.

Single with no children, Catalano lives with her parents in Toronto. Her father is a retired electrician and her mother works as an accounting clerk. Her one brother is a high school teacher in Burlington, Ontario. Catalano received a bachelor of science degree in kinesiology from the University of Waterloo in June 2004. A Roman Catholic, she is a confirmation catechist instructor, as well.

In a sentencing memorandum filed last week, Catalano’s Buffalo lawyer, Rodney Personius, wrote that his client began working in Galea’s office in high school. She stayed in contact with him while she was in college and was hired by him as an assistant after graduating. She became his full-time assistant in October 2007.

‘My Decision to Travel’

Personius said that Catalano took full responsibility for her crime. Given that her relationship with Galea dates to her teenage years, Personius said, “it would be equally fair to find that he improperly took advantage of her dogged loyalty.”

He also quoted Catalano as saying: “I knew he was told that he had been flagged, and it was ultimately my decision to travel by myself. He was someone I admired and looked up to. I trusted him.”

Personius further stated that Catalano acknowledged that she was aware that the substances being used by Galea — specifically H.G.H. and Actovegin, an extract of calf’s blood — were generally not approved for use in the United States and that Galea did not have a license to practice medicine in this country.

In a letter to the judge in the case, Catalano suggested that her ambition might have clouded her judgment.

“For many years my family and friends took a backseat to my work and I’ve tried very hard to rebuild those relationships in the past two years,” she wrote.

“The impact of my decisions made me aware that I need to find a balance between my continued love for the field of sports medicine and what I value the most in life, my family, friends and faith.”

Personius also said that in an effort to understand “how she could so seriously stray from her upbringing and moral values,” Catalano attended counseling sessions between October 2009 and January of last year, largely because “she has been filled with guilt, remorse and trapped on an emotional roller coaster.”

http://www.nytimes.com/2011/07/25/sports/baseball/galea-assistants-loyalty-may-be-key-for-doctor.html?_r=1

Calvin Barry

2011-07-25T14:02:00.000-07:00

Ex-Anthony Galea assistant avoids jail

By Mike Fish
ESPN.com

BUFFALO, N.Y. -- Mary Anne Catalano, the former lead assistant to a Canadian doctor accused of treating professional athletes with performance-enhancing drugs, avoided jail time as expected and was sentenced to one year of unsupervised probation Monday in a U.S. District Court.

Judge Richard Arcara could have imposed a one-year prison term under federal sentencing guidelines, but Catalano, 33, benefited from her cooperation with federal authorities in the subsequent investigation of her former boss, Dr. Anthony Galea.

Federal prosecutors recommended the lesser sentence of probation while describing her cooperation as "a significant and substantial factor in obtaining a felony conviction'' against Galea, a Toronto-based physician who earlier this month pleaded guilty to a reduced charge of bringing unapproved drugs, including human growth hormone and Actovegin, into the United States.

Judge Arcara described the government's recommendation for probation as "very unusual," saying her thorough cooperation made his decision "an easy sentence" to hand down.

"I think I've seen one of these in 10 years," the judge said.

Galea, 51, is scheduled to be sentenced Oct. 19, at which he could get up to two years in prison. Prior to his legal troubles, Galea had a reputation as a go-to doctor for injured elite athletes, among them golfer Tiger Woods, New York Yankees slugger Alex Rodriguez and New York Mets teammates Carlos Beltran and Jose Reyes -- none of whom have been linked by authorities to performance-enhancing drugs.

Major League Baseball had two representatives at the sentencing. Daniel Mullin, MLB's vice president of investigations, and assistant Victor Burgos were scheduled to meet with Catalano's attorney, Rod Personius, on Monday afternoon. They requested the meeting with Personius, who described it as a "courtesy call," and said Catalano would not be present.

"She can't cooperate [with MLB investigators] until Galea is sentenced," Personius said. Asked if she later would cooperate, he said, "probably not."

In a recent federal steroids-related case in San Francisco, the U.S. Attorney's Office required convicted steroid dealer Kirk Radomski to cooperate with investigators for baseball's Mitchell report, which eventually brought up the name of Roger Clemens and later led to perjury charges being brought against one of the game's most decorated pitchers. Radomski was on the witness list for proceedings against Clemens earlier this month in Washington, which ended abruptly in a mistrial.
William Hochul Jr., the U.S. Attorney for the Western District of New York, offered a starkly different position Monday, saying there is no requirement for either Catalano or Galea to cooperate with an outside investigation.

"We enforce criminal law, period," Hochul told ESPN. "Whether any third party wants to talk [to them], you are always able to. But it is no requirement."

Hochul refused to say whether his office has been contacted by either MLB or NFL officials.
For her part, Catalano pleaded guilty last year to initially making false statements to border agents when stopped entering the country in September 2009. Catalano first became associated with Galea as a 15-year-old helping out in his Toronto office and later joined his practice full-time after earning a degree in Kinesiology from the University of Waterloo.

Catalano's defense counsel cast her as being blindly loyal to Galea. "She looked up to him,'' Personius said. "If he told her to jump off the Brooklyn Bridge, she would. This was exciting for her.''

At the time of her arrest, Catalano had in her possession a duffle bag with medical supplies and drugs that Galea had asked her to bring across the border because he'd earlier been flagged by authorities. She told agents she was headed to a medical conference in Washington, D.C., where Galea was to speak. In fact, Catalano later told authorities she was to meet Galea in Washington, where he was scheduled to provide medical treatment to a professional athlete.

According to documents later obtained by ESPN, Catalano identified 23 athletes during interviews with U.S. and Canadian authorities whom she said Galea treated in the U.S. during a two-month period in the summer of 2009. Catalano told authorities she witnessed Galea inject a cocktail mixture containing Nutropin (growth hormone) into the injured knee of "at least seven athletes'' while traveling with him in the United States.

Agents also seized her company cell phone and laptop computer, which sources say contained records as well as detailed information on the treatments Galea administered to the pro athletes on trips across the border.

Galea is not licensed to practice medicine in the United States, but Catalano told authorities she accompanied the doctor while he treated athletes in eight major U.S. cities during the summer of 2009. She described Galea as having met athletes in "hotel rooms and their homes'' to provide various medical treatments.

The pro athletes, some of whom had multiple treatments from Galea, have not been identified in court documents, though it is presumed the majority are football and baseball players. Court filings listed at least three unidentified NFL players.

Among the items seized by Canadian authorities during a search of Galea's office were an "NFL file folder,'' "Professional Players Journal'' and "daytimer with football dates.'' Also seized was a "CFL [Canadian Football League] folder.''

Like in other prominent steroid-related cases, federal authorities have not shown an interest in pursuing charges against athletes for their use or treatment with performance-enhancing drugs. But like with Barry Bonds and Roger Clemens, authorities may be open to bringing perjury charges if they find through the cooperation received by Catalano and Galea that athletes may have lied to federal investigators or a grand jury.

Galea made dozens of trips to the United States from 2007 through September 2009 to care for prominent athletes with a variety of blood treatments.

Catalano advised authorities that in his trips to the States, Galea typically performed procedures aimed at speeding up the healing process. Some of the treatments involved injections of human growth hormone, banned by major sports, and Actovegin, a derivative of calf's blood not approved for use in the United States.

In a pre-sentencing report filed with the court, Catalano acknowledged packing the substances Galea used to treat athletes when he came across the border and also scheduling the athlete meetings. She often traveled with him and was in attendance when he treated the athletes, which is why MLB investigators already have asked to interview her. NFL officials are expected to make a similar request. It's unlikely she'll cooperate with outside investigations, however, unless pushed by the government.

Catalano's attorneys' presentencing report also included seven letters from family and friends, the orthopaedic surgeon who now employs her, as well as religious leaders, including her Catholic parish priest, Rev. George Galea [no relation to Dr. Galea]. Catalano wrote the judge that her priorities got out of whack when Dr. Galea promoted her to his executive assistant in 2007, saying: "I was now representing Dr. Galea directly to many high profile patients and I felt additional pressure not to disappoint.''

Mike Fish is an investigative reporter for ESPN.com.

http://espn.go.com/espn/story/_/id/6800216/ex-anthony-galea-assistant-mary-anne-catalano-gets-probation-avoid-jail

Calvin Barry- Co-counsel for Mary Anne Catalano

2011-07-25T11:24:00.000-07:00

Federal Court Galea assistant avoids prison sentence

By Dan Herbeck
News Staff Reporter

Published: July 25, 2011, 1:16 PM

Aide to sports doctor likely to get probation
Sports doctor admits drug smuggling role
Physician expected to accept plea deal
Updated: July 25, 2011, 1:16 PM

A former employee who helped federal agents break open a smuggling case involving a Toronto doctor who treated world-class athletes was spared from a prison term this afternoon by U.S. District Judge Richard J. Arcara.

Arcara told Mary Anne Catalano, 33, of Toronto, that he did not sentence her to prison time because of the extensive assistance she gave to the FBI and other agencies who investigated her ex-boss, Dr. Anthony Galea.

Arcara sentenced her to one year on probation. He could have sent her to prison for as long as five years.

"This is one of the easiest sentences I ever had to impose," said Arcara, who told Catalano he was impressed by the honest cooperation she gave to federal agents.

"I take full responsibility," a sobbing Catalano told the judge. "I knew what I was doing was illegal, and I'm deeply regretful."

Catalano was arrested on a drug-smuggling charge in September 2009. Last year, she pleaded guilty to a felony charge of making a false statement to investigators.

The Toronto woman was an assistant hired by Galea to smuggle banned substances, including human growth hormone drugs, into the United States so her boss could use them to treat professional athletes.

Federal agents arrested her at Buffalo's Peace Bridge in September 2009, finding Nutropin and other banned substances in her car. She was arrested on smuggling charges. She took a guilty plea to making false statements at the border.

According to the U.S. Attorney's office, Catalano's cooperation enabled prosecutors to build a case against Galea, who pleaded guilty to a felony drug smuggling charge July 6.

Because of her cooperation, prosecutor Paul J. Campana asked Arcara to give her probation, and Arcara agreed.

Catalano has cooperated with the feds since the day of her arrest, said Rodney O. Personius, a Buffalo defense attorney who represented Catalano with Calvin Barry, a co-counsel from Toronto.

"She made a grave, grave mistake," Personius said. "She's now a convicted felon and will be for the rest of her life."

Galea's patients included some of America's most famous and successful athletes, including golfer Tiger Woods, baseball star Alex Rodriguez, and National Football League stars Takeo Spikes and Jamal Lewis.

None of the athletes has been charged criminally in the probe, and U.S. Attorney William J. Hochul Jr. has characterized them as "witnesses, not targets" of the investigation.

Donald Fuhrman, a retired state police investigator who now works for the NFL, sat in the courtroom taking notes during the proceedings. He declined to comment afterward, as did Catalano.

Galea's attorneys have said he treated his patients with human growth hormones, but only with the intent of helping them to heal from injuries. He is scheduled for sentencing Oct. 19.

Buffalo agents from U.S. Immigration & Customs Enforcement worked on the case with the FBI, U.S. Customs & Border Protection and the Food & Drug Administration.

The probe is continuing, Campana told the judge.

dherbeck@buffnews.com

http://www.buffalonews.com/city/police-courts/courts/article500316.ece

Calvin Barry

2011-07-25T11:13:00.000-07:00

Canadian sports doc assistant gets probation in NY By BEN DOBBIN Associated Press

BUFFALO, N.Y.—A Canadian sports doctor's assistant who cooperated with prosecutors on her role in bringing unapproved drugs, including human growth hormone, into the U.S. to treat professional athletes was given probation Monday for lying to border agents about medical supplies she was transporting.
Mary Ann Catalano could have drawn up to a year in prison for making false statements to federal officers, but prosecutors asked a judge to impose probation because of her help.

Catalano worked for Anthony Galea, a healing specialist from Toronto who was sought out by the biggest names in sports, including Tiger Woods and Alex Rodriguez. Galea pleaded guilty July 6 to bringing mislabeled drugs into the U.S. He could be sentenced in October to up to two years in prison.

Prosecutors said Catalano, 33, initially lied when she was stopped at the Peace Bridge in Buffalo in 2009, but quickly agreed to help investigators.

"This is a very easy sentencing. Ms. Catalano cooperated from the get-go. She admitted everything she did was unlawful," said U.S. District Court Judge Richard Arcara. "The sentence of probation for one year is more than adequate for her crime. I think she's suffered enough."

Catalano wept as she told the judge she took responsibility for lying and "I knew what I did was unlawful."

Defense attorney Rodney Personius said she bankrupted her own ideals because she was infatuated with the charismatic doctor and wanted to win his favor.

Galea, who wasn't licensed to work in the U.S., was accused of treating 20 professional athletes at their homes, hotels and friends' houses from October 2007 to September 2009. Prosecutors have not disclosed the names of athletes who may have gotten banned treatments.

Most of the U.S. charges were dismissed with Galea's plea, and he agreed to cooperate with investigators and disclose the patients' identities and their treatments. They included golfers, professional baseball and football players and others.

Catalano had worked in Galea's office when she was 15, stayed in contact with him through college and went back to work for him at the Institute of Sports Medicine Health and Wellness when she graduated in 2004, Personius said.

As Galea developed a practice involving professional athletes in the U.S., she began accompanying him on trips across the border. She began driving separately and took on the responsibility of transporting the medical equipment and supplies after Galea had trouble with border agents leaving Canada, a court filing said.

She and Galea agreed that if asked by border officers about the supplies, she'd say they were for demonstration purposes at a medical conference.

As part of his U.S. plea agreement, Galea must cooperate with investigators in the future.

Galea admitted he traveled to the U.S. numerous times from 2007 to 2009 to treat professional athletes in Hawaii, Cleveland, New York City, Miami and elsewhere, despite not being licensed to practice in the country. Some of the treatments involved injections of human growth hormone, banned by major sports, and Actovegin, a derivative of calf's blood not approved for use in the U.S.

Prosecutors said some athletes were given intravenous Actovegin drips and platelet-rich plasma therapy, a treatment used to speed healing that involves extracting blood from patients and re-injecting just the plasma.

Woods has said he's been treated by Galea but didn't receive performance-enhancing drugs. The New York Mets' Jose Reyes and Carlos Beltran have acknowledged talking to federal authorities during the investigation.

Rodriguez, the New York Yankees' star slugger, told Major League Baseball officials that he didn't receive performance-enhancing drugs from Galea after the doctor told The Associated Press he had prescribed anti-inflammatories for him.

Galea, the former team doctor of the Canadian Football League's Toronto Argonauts, also faces charges in Canada.

In October 2009, Canadian authorities charged Galea with selling Actovegin, conspiracy to import an unapproved drug, conspiracy to export a drug and smuggling. That case is still pending.

Read more: Canadian sports doc assistant gets probation in NY - The Denver Post http://www.denverpost.com/sports/ci_18544091#ixzz1T8r4uQ00
Read The Denver Post's Terms of Use of its content: http://www.denverpost.com/termsofuse

http://www.denverpost.com/sports/ci_18544091

Calvin Barry, Toronto Lawyer

2011-07-04T13:38:00.001-07:00

Calvin Barry Attends Charity Golf Tournament

2011-07-04T13:35:00.001-07:00

Calvin Barry Attends Charity Golf Tournament

2011-07-04T13:33:00.001-07:00

Calvin Barry Attends 'Walk For Autism'

2011-06-28T10:04:00.000-07:00

Calvin Barry and Paula Stamp

Attend Toronto's "Walk Now for Autism" in suport of 'Team CJ' on June 26, 2011.

Calvin Barry- Toronto Lawyer

2011-06-16T09:21:00.001-07:00

AP-NY--Canadian Doctor,122

July sentencing for assistant to sports doctor

Eds: APNewsNow.

BUFFALO, N.Y. (AP) - Prosecutors in the United States have again

put off sentencing Canadian sports Dr. Anthony Galea's assistant

because they say she's still cooperating in the investigation of

her boss.

Mary Anne Catalano was scheduled to be sentenced Monday, but a

federal judge in Buffalo has agreed to reschedule it to July 25.

Catalano was arrested while bringing medical equipment and

pharmaceuticals into the United States. She pleaded guilty last

summer to lying to border agents.

In postponing the sentencing, the U.S. Attorney's office says in

court filings that Catalano's not done cooperating against Galea,

who's charged on both sides of the border with allegedly treating

athletes with unapproved drugs. He's yet to enter a plea on the

U.S. charges and denies any wrongdoing.

Calvin Barry, Toronto Lawyer

2011-06-15T12:49:00.001-07:00

Calvin Barry Attends Charity Function

2011-06-15T12:47:00.001-07:00

Calvin Barry Attends Charity Function

2011-06-07T08:07:00.000-07:00

Calvin Barry, Toronto Lawyer

2011-06-06T12:18:00.001-07:00

Calvin Barry- Toronto Criminal Lawyer

2011-06-06T12:11:00.000-07:00

Calvin Barry Defends Vakhtang Makhniashvili

2011-06-06T11:58:00.001-07:00

Calvin Barry- Toronto Lawyer

2011-06-06T11:46:00.001-07:00

Calvin Barry Attends Toronto Police Association Golf Tournament

2011-06-03T12:47:00.000-07:00

Calvin Barry

2011-05-24T13:03:00.001-07:00

Calvin Barry Participates in Autism Speaks

2011-05-24T12:51:00.001-07:00

Calvin Barry

2011-05-24T12:37:00.001-07:00

Father of missing teen says stress led to stabbings

2011-05-16T10:16:00.000-07:00

Date: Friday May. 13, 2011 4:26 PM ET

The father of a missing Toronto teen says stress over his loss led to him stabbing three people, including a couple who had once acted as his sureties.

Vakhtang Makhniashvili, 51, will be sentenced on July 26 after pleading guilty earlier this week to three counts of aggravated assault.

The charges stem from the stabbing of a former neighbour in May 2010 and the November stabbings of David and Delores Langer, a couple who had stepped forward to post bail for the previous attack.

Makhniashvili, a Georgian immigrant, was thrust into the public eye when his daughter Mariam Makhniashvili disappeared without a trace from outside her Forest Hill-area high school.

Mariam, then 17 years old, and her brother had arrived in Toronto from Georgia to reunite with their parents just weeks before her disappearance.

Despite an exhaustive search, Toronto police have never been able to determine what happened to the teen.

On Friday, an agreed statement of fact was read into during a brief court appearance.

He says he stabbed his 26-year-old neighbour in May 2010 after accusing him of being responsible for his daughter's disappearance.

He also said he stabbed the Langers after blaming them for an unfavourable newspaper article about his family.

Makhniashvili's lawyer, Calvin Barry, said he would be asking for a sentence of two years less a day.

Last November, Makhniashvili's 17-year-old son George, the last to see Mariam before her disappearance, vanished from home.

He turned up unharmed at a police station the next morning.

George and Mariam came to Toronto in June 2009 from the Republic of Georgia to reunite with their parents, who had spent the previous five years working in the United States.

With files from CTV Toronto's Austin Delaney

http://www.ctv.ca/CTVNews/Canada/20110513/vakhtang-makhniashvili-court-appearance-110513/

Calvin Barry Criminal Lawyer

2011-05-16T10:11:00.000-07:00

Stress led to 3 stabbings by Mariam Makhniashvili's father

Allison Jones, The Canadian Press: Friday, May 13, 2011

Vakhtang Makhniashvili, seen here with wife Lela, was charged with attempted murder and aggravated assault for allegedly stabbing two people on November 4, 2010.
Photo Credit: Aaron Lynett, National

TORONTO- The father of a missing young woman admitted Friday to stabbing three people because he thought they were either involved in his daughter's disappearance or behind an unflattering newspaper article.

Vakhtang Makhniashvili, 51, pleaded guilty earlier this week to three counts of aggravated assault in two separate incidents and the facts about those stabbings were read out in court Friday.

About eight months after the Georgian immigrant's then-17-year-old daughter Mariam vanished in September 2009, Makhniashvili banged on the door of the apartment across the hall, yelling about his neighbour being responsible for Mariam's disappearance.

His neighbour, Sean Ure, who was in the apartment with his four-year-old daughter and other family and friends, opened the door and Makhniashvili forced his way inside.

Makhniashvili drew a six- or seven-inch butcher knife from his belt and stabbed Ure in the abdomen, cutting his liver and the front wall of his stomach.

Makhniashvili continued through the apartment, screaming about his daughter. Ure's friend convinced him to leave, and as he was exiting he dropped a homemade sheath on the floor. He bent down to pick it up and the friend slammed the door on Makhniashvili's hand and pulled the knife away from him.

Makhniashvili's lawyer, Calvin Barry, said his client was under additional stress at that time because female human remains had just been found, though they later turned out not to be Mariam.

"He feels very bad for what has happened," Barry said outside court.

Barry will be asking for a sentence of less than two years so he can serve his time in a provincial facility with better programs for him rather than a penitentiary, "with a lot of more hardened criminals."

"I don't seem him as a lost cause," Barry said.

After Makhniashvili was arrested for the first stabbing he was released on bail a few days later, being sent to live with David and Delores Langer, who agreed to act as his sureties.

But after about one month the Langers asked the court to be relieved of their duties because Makhniashvili wasn't abiding by their rules. Makhniashvili has previously said he was suspicious of the Langers - David Langer is a private detective - as they had not met before the couple offered to post his bail.

Makhniashvili was instead released into the custody of his wife and he was placed under house arrest and was ordered not to have any weapons.

A few months later, in early November, Makhniashvili showed up at the Langers' house and stabbed David Langer in the stomach, cutting his small intestine. Langer also ended up needing 10 stitches on his hand.

Makhniashvili said he thought the Langers were behind an unfavourable newspaper article about his family the week his son disappeared for a night.

Langer struggled with Makhniashvili and fell backwards, fracturing and dislocating his shoulder, which later had to be repaired with surgery and now has two metal pins in it. When Delores Langer tried to intervene Makhniashvili stabbed her right through her forearm.

She threw a loose porch tile at him, he threw the knife at her then left. Makhniashvili drove to a police station and turned himself in, telling the officer at the front desk, "I just stabbed someone."

He will be back in court July 26 for a sentencing hearing. In the meantime the court has ordered a psychiatric assessment, and the defence has also retained experts to evaluate him.

The Makhniashvili family, originally from the Republic of Georgia, had only been in Toronto for three months when their daughter disappeared. The parents lived in Los Angeles for five years before moving to Toronto, while Mariam and her brother lived with their grandparents in Georgia.

At an update one year after Mariam's disappearance, police appeared stymied, saying they were no closer to finding her than they were when she vanished.

They said there was no evidence to suggest that she had been abducted, that she was depressed or suicidal, that she ran away or that she fell victim to an accident.

© Copyright (c) Shaw Media Inc.

http://www.globaltvbc.com/Details+stabbing+attack+from+Mariam+father+emerge+court/4778581/story.html

2011-05-12T11:35:00.000-07:00

Mariam's dad pleads guilty in stabbings

By Sam Pazzano ,Toronto Sun
First posted: Wednesday, May 11, 2011 2:05:25 EDT PM

The father of a missing Toronto teen pleaded guilty Wednesday to three counts of aggravated assault stemming from two separate stabbing episodes ― one against a former neighbour and another against a married couple who helped free him.

Vakhtang Makhniashvili, whose daughter, Mariam, disappeared outside her Forest Hill Collegiate school in September 2009, admitted he attacked the three victims last year.

His 17-year-old daughter’s disappearance sparked an unprecedented search by Toronto Police.

The 51-year-old father told Madam Justice Rebecca Rutherford he was claiming responsibility for the attacks involving onetime neighbour Sean Ure on May 7, 2010 and his former sureties, David and Delores Langer on Nov. 4, 2010.

He was remanded in custody until Friday, when prosecutor John Cisorio will present an agreed statement of facts.

Makhniashvili’s soft-spoken wife Lela Tabidze, who watched the brief hearing, said outside court that she is relieved the case was nearing a conclusion.

“It’s not over yet,” she said. “But I feel so much better it’s coming to an end.”

Defence lawyer Calvin Barry said he will be seeking a sentence of two years less a day, plus time spent in pretrial custody, to be served in a provincial reformatory.

Cisorio indicated he will argue for a penitentiary sentence.

A psychiatric assessment of Makhniashvili was ordered under the Mental Health Act.

“It’s been stressful, but his wife has been sticking with him and his son, George has been supportive,” Barry told reporters outside the courthouse.

The first stabbing occurred May 7, 2010, when Makhniashvili lived with his family in a rental highrise on Shallmar Blvd.

Makhniashvili confronted neighbour Sean Ure over noise and then stabbed him in the stomach.

David and Delores Langer ― whom Makhniashvili had never met ― posted $50,000 bail for his release and had him live with them.

Makhniashvili later learned they were private investigators who had taken a special interest in Mariam’s disappearance.

In June, the couple withdrew their bail, which landed Makhniashvili back in custody.

He was then released with his wife as his new surety. She had moved to another unit near Yonge St. and Eglinton Ave. E.

Despite a massive police search, no trace has been found of Mariam.

Her disappearance took an extreme toll on the family and on Nov. 1, her brother, George, didn’t return home from school. His parents spoke with reporters, fearful their son, like their daughter, was abducted.

After a night of wandering the streets, George came home the next morning, but his disappearance prompted speculation.

Two days later, Makhniashvili showed up at the Langer’s residence, near Greenwood and Queen St. and attacked both of them.

sam.pazzano@sunmedia.ca

http://www.torontosun.com/2011/05/11/mariams-dad-pleads-guilty-in-stabbings

Calvin Barry

2011-05-12T11:30:00.000-07:00

Father of missing teen Makhniashvili pleads guilty to aggravated assault

Isabel Teotonio

The father of a missing Toronto teen pleaded guilty Wednesday morning to three counts of aggravated assault in connection with two separate stabbing incidents — one involving a former neighbour and the other a married couple who once bailed him out.

Vakhtang Makhniashvili, whose daughter Mariam vanished outside her school in September 2009 — a disappearance that garnered international attention and launched an unprecedented search by Toronto police for a missing person — quietly uttered “Guilty” when arraigned.

Standing in the prisoner’s box, the 51-year-old, clad in a grey suit, told Justice Rebecca Rutherford he understood the allegations related to the incidents involving Sean Ure on May 7, 2010 and David and Delores Langer on Nov. 4, 2010.

The hearing at the College Park courthouse was put over until Friday, when prosecutor John Cisorio and defence lawyer Calvin Barry are expected to present an agreed statement of facts.

Wife Lela Tabidze, who attended the brief proceedings, later told reporters she is relieved a resolution is near.

“It’s not over yet,” she said. “But I feel so much better it’s coming to an end.”

The defence said it will be requesting a sentence of two years less a day, plus time spent in pre-trial custody, to be served in a provincial reformatory. The Crown indicated it will seek a penitentiary sentence. A psychiatric assessment of Makhniashvili was ordered under the Mental Health Act.

“It’s been stressful, but his wife has been sticking with him and his son has been supportive,” Barry told reporters outside the courthouse. “There’s been a lot of trauma with the missing child and what has happened in his life ... He’s been very stressed.

“There has been some precipitating factors … that do explain some of the aberrant behaviour on the part of (Makhniashvili).”

Following the two incidents, Makhniashvili faced additional charges, including attempted murder, but it is expected that those charges will be stayed or withdrawn.

According to previously published reports, the first stabbing occurred May 7, 2010, when Makhniashvili lived with his family in a rental highrise on Shallmar Blvd. Makhniashvili confronted neighbour Sean Ure about noise levels. An altercation ensued and ended with Makhniashvili stabbing Ure, wounding him in the stomach.

The argument reportedly occurred on a day when human remains were found in a park, which resulted in a flurry of media calls to the family and distressed Makhniashvili. The remains did not belong to Mariam.

At the time, Makhniashvili was charged with aggravated assault, assault with a weapon, forcible entry and four counts of threatening bodily harm.

David and Delores (who also goes by the name Rosita) Langer — a couple Makhniashvili had never met — posted $50,000 bail for his release.

Makhniashvili later learned his sureties, with whom he lived, were private investigators, who had taken a special interest in Mariam’s disappearance.

When he grew suspicious of the couple’s motives he contacted reporters in June and the couple withdrew their bail, which landed Makhniashvili back in jail.

His wife, who had moved to another unit near Yonge St. and Eglinton Ave. E., became his new surety.

Makhniashvili was placed under house arrest and the ensuing months were difficult for the family, including son George, who is now 18.

All the while, the disappearance of Mariam, who vanished at age 17 on Sept. 14, 2009 outside Forest Hill Collegiate, weighed heavily on the family.

Her disappearance jump-started an investigation by Toronto police that was unprecedented, largely because she appeared to have vanished without a trace.

Mariam and her brother had immigrated in June 2009 from the Republic of Georgia to be reunited with their parents, who had left the politically unstable country six years earlier. She spoke little English, had no friends, no boyfriend, and no money. And, according to her parents, had no reason to run away.

In their search, police canvassed about 6,000 homes near the school and family home, searched garbage transfer stations, viewed thousands of hours of security footage taken from buildings in the area and seized computers from two libraries that Mariam frequented. There were also reported sightings of Mariam in Western Canada, but it wasn’t her. To date, there is still no word on what happened to Mariam.

Her disappearance caused tremendous strain on the family and on Nov. 1, brother George failed to return home from school. His parents spoke with reporters, fearful their son was abducted — a fate they suspect befell their daughter.

After a night of wandering the streets, George returned home the next morning, but his disappearance prompted a series of media reports.

Something Makhniashvili read in those ensuing days upset him and on the morning of Nov. 4, he left home and headed for the Langer’s residence, near Greenwood and Queen St. E. He was armed with a knife. After the Langers came to the door, Makhniashvili attacked them, wounding both of them. David Langer was more seriously injured seriously than his wife and spent time in hospital.

Following the attack, Makhniashvili surrendered to police. He has been in custody ever since.

http://www.thestar.com/news/article/989558--makhniashvili-pleads-guilty-to-aggravated-assault

Calvin Barry Criminal Lawyer

2011-04-11T09:55:00.000-07:00

Judge returns driving privileges to man charged in fatal hit and run By tbnewswatch.com A Thunder Bay man arrested just before Christmas after a fatal auto-pedestrian collision may drive again. Christian Hernandez, 25, was charged with impaired driving and failing to remain at the scene of an accident following the death of 45-year-old Richard Carmichael. On Friday, Hernandez’s lawyer Calvin Barry asked for reductions to the bail conditions, which would allow Hernandez to drive to and from work. The Crown opposed the change, but Superior Court Justice John Wright agreed to drop the driving prohibition while Hernandez awaits trial on the charges. Carmichael's former wife, Linn Carmichael, says she's shocked and angered by the judge's decision. Hernandez is scheduled to be back in court on May 13. http://tbnewswatch.com/news/Default.aspx?cid=140962

Calvin Barry

2011-03-08T14:07:00.000-08:00

TASTE (Take A Student To Eat)

Calvin Barry
Lawyer, Calvin Barry Professional Corp
Osgoode Law School, 1986

I am a criminal lawyer in a busy downtown office. Prior to that I was a Crown Attorney for 15 years. I attended Osgoode Law School.

http://www.yorku.ca/web/index.htm

Calvin Barry

2011-02-23T14:42:00.000-08:00

Ex-Leafs captain reeked of alcohol, officer testifies

Published On Wed Feb 23

Former Leafs captain Rick Vaive leaves a Newmarket courthouse where he is on trial for impaired driving.
Jim Wilkes/TORONTO STAR

Jim Wilkes
Staff Reporter

Former Leafs captain Rick Vaive’s blood alcohol level was more than twice the legal limit when he was stopped in his pickup truck in 2009, a police officer told a Newmarket court Tuesday.

York Region Const. Carl Young testified Vaive reeked of a “very strong odour of alcohol” when he pulled him over on Highway 427.

Vaive, 51, is on trial for impaired driving in the July 14, 2009, incident. He has pleaded not guilty before Justice Anne-Marie Hourigan.

Young said he pulled over the former Leafs star after a man called 911 and reported seeing an individual stumbling and driving erratically at a plaza near Pine Valley Dr. and Highway 7 in Vaughan.

Young said he followed the truck on westbound Highway 407 and pulled it over at the ramp to southbound 427.

The officer said Vaive’s eyes were red, watery and bloodshot, and that he had a wet stain “in the crotch region” of his beige shorts.

He said Vaive told him he was returning from a charity golf tournament and had “a beer,” but had been drinking the night before with friends.

Vaive, immaculately dressed in a dark suit with a double-blue tie, sat impassively as a video of him being booked at a Rutherford Rd. police station was played for the court. He occasionally twisted a large diamond-encrusted ring with a maple leaf formed from diamonds at its centre.

Court heard earlier from Fernando Bernardo, who said he and his family went to the plaza to get milk when he spotted a man who looked “unwell” leaning against a pickup and then later get into the driver’s seat.

Bernardo testified he initially thought the man was ill, but later realized “he’d had a few too many drinks.”

He said the pickup almost hit a building in the plaza as it drove away. He said he called police because he was concerned about the safety of others on the street.

Bernardo said he was a fan of Vaive in his Leafs heyday, but didn’t recognize him at the time. He told police the white-haired man he saw was about 60 years old.

Vaive’s lawyer, Calvin Barry, has made motions under the Charter of Rights and Freedoms challenging the grounds police used to stop Vaive and demand a breath sample. Barry has also challenged Vaive’s access to a lawyer of his choice the night of his arrest.

Vaive was traded to Toronto from the Vancouver Canucks in 1980 and became the first Leaf to score more than 50 goals in a season, a feat he accomplished three times.

He was team captain from 1982 to 1986, before the C was taken from his sweater for missing a practice. He was traded to Chicago before the 1987 season.

Since retiring as a player, Vaive has been heavily involved in charity work, through the Leafs’ community foundation, the United Way and annual golf tournaments. He is a commentator with Leafs TV and has continued to be involved with hockey, coaching several minor league teams including the Mississauga Ice Dogs. He is also a frequent addition to Oldtimers’ Hockey Challenge charity games.

The trial continues.

http://www.thestar.com/news/crime/article/942998--ex-leafs-captain-reeked-of-alcohol-officer-testifies?bn=1

Calvin Barry- Toronto Lawyer

2011-02-23T14:39:00.000-08:00

By Joe Fantauzzi
Feb 23, 2011 - 7:49 AM

Leafs hero fights charges

A childhood fan of former Toronto Maple Leafs captain Rick Vaive, on trial for impaired driving, testified he called police after seeing a man struggling to stand in a Vaughan parking lot, then driving away.
Fernando Bernardo called York police July 14, 2009 after stopping at a plaza near Pine Valley Drive and Hwy. 7.

Mr. Bernardo spotted a man in parking lot he thought might be ill, court heard. But when the man leaned against a pickup truck before climbing behind the wheel it was clear the man wasn’t sick, he added.
Shortly after receiving Mr. Bernardo’s call, York Regional Police charged Mr. Vaive with impaired driving and driving with more than 80 milligrams of alcohol in 100 millilitres of blood.

The trial, being heard by judge, began today at the Newmarket courthouse. It is expected wrap up Thursday.
Mr. Vaive, who sat in the first row of the public gallery behind the defence table, has pleaded not guilty.
After leaving the parking lot, Mr. Vaive headed south on Pine Valley, west on Hwy. 407 and exited at Hwy. 427, York police said.

However, during cross-examination, Mr. Vaive’s lawyer, Calvin Barry, questioned Mr. Bernardo’s version of events.

The driver of the pickup truck missed a building in the plaza by two or three inches, Mr. Bernardo testified.
But, Mr. Barry suggested one of the truck’s tires may have rubbed up against a curb.

“I’m going to put it to you sir, that you’re exaggerating,” Mr. Barry said.

“I’m not exaggerating,” Mr. Bernardo responded. “I know what I saw.”

Court heard Mr. Bernardo testify that while he was a fan of Mr. Vaive’s during his time with Toronto, it was only after media reports emerged about the case he learned Mr. Vaive had been charged.

The trial continues.

http://www.yorkregion.com/news/article/957770--leafs-hero-fights-charges

Calvin Barry- Lawyer for Rick Vaive

2011-02-23T14:30:00.000-08:00

News Toronto & GTA
Vaive on trial for drunk driving
By TERRY DAVIDSON, Toronto Sun

Former Maple Leafs captain Rick Vaive appeared in a Newmarket court to face driving while impared charges on Feb. 22, 2011. (STAN BEHAL/QMI Agency)

Rick Vaive was unsteady on his feet, smelled of alcohol and had bloodshot eyes the night he was stopped and charged with impaired driving in 2009, a Newmarket court heard Tuesday.

York Regional Police Const. Carl Young said the former captain of the Toronto Maple Leafs was pulled over on the ramp to the southbound Hwy. 427 from Hwy. 407.

Young said he determined Vaive was intoxicated, handcuffed the former NHLer and took him to a police station where he said Vaive failed a breathalyzer test.

Vaive has pleaded not guilty to impaired driving.

Young told the court Vaive, now 51, was slow to pull over in his black pickup truck the night of July 14, 2009, was “delayed in his actions” when handing over his driver’s licence, ownership and insurance, and had a “fair-sized wet stain” in the “crotch region” of his shorts.

Vaive told him he had been at a charity golf tournament and that he had consumed “a beer,” Young testified.

The officer said he was working the night shift when he was alerted a man had called 911 after seeing an unsteady man get in a pickup and drive erratically out of a plaza parking lot near Pine Valley Dr. and Hwy. 7 in Vaughn.

Fernando Bernardo testified he was unaware the man he saw get in the truck was a former NHLer but that he watched as a man made a wide turn in the lot and narrowly miss the end wall of the plaza.

Crown prosecutor Jon Fuller presented video evidence of Vaive being taken out of the cruiser at the police station and being processed in the booking room and while in a cell.

Vaive’s lawyer, Calvin Barry, has entered a charter motion challenging the grounds under which Vaive was arrested and given a breathalyzer test. Barry is questioning the length of time it took for Young to read Vaive the breathalyzer demand, and length of time before the test was given.

He is also challenging that Vaive was not given his choice of lawyer to call.

The trial continues Wednesday.

http://www.torontosun.com/news/torontoandgta/2011/02/22/17367156.html

Calvin Barry

2011-02-04T11:42:00.000-08:00

Calvin Barry Supports Autism Speaks

2011-01-19T08:48:00.000-08:00

Calvin Barry

2011-01-18T13:36:00.000-08:00

Calvin Barry and Paula Stamp attend Calvin Barry's Annual RCMI Christmas Party (2009)

Calvin Barry

2011-01-12T14:03:00.000-08:00