Calvin Barry is a Toronto-based criminal lawyer with over 16 years experience as a senior crown attorney at Calvin Barry Professional Corporation - Criminal Lawyers. Calvin Barry Lawyer Toronto has practiced in the area of Criminal Law and Regulatory Offenses since October of 2004, accruing over 30 years experience in criminal law.
Wednesday, August 3, 2011
Friday, July 29, 2011
Calvin Barry, Toronto Lawyer
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
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
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
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
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.
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.
Wednesday, July 27, 2011
Calvin Barry Criminal Lawyer
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
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
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
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
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