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Alleged murder

28-Dec-2010 [29]

Part of Court cases

Shahin Pirouzi 2008

April 18, 2008 police press release

Bystanders Watched The Star April 18, 2008

Suspect may be schizophrenic Toronto Sun April 19, 2008

Unless otherwise noted, reports on this page were written by M. Monastyrsky, CELOS researcher.

Wednesday May 7 2008

The court clerk told CELOS that Pirouzi was scheduled to appear in person in Courtroom 111 at 9am. This doesn't mean he will appear right at 9. Rather he is on a list of people in custody scheduled to appear sometime during the 9am session. For the next hour and twenty minutes, numerous defendants appear briefly to set dates for their next court appearance. At 10:20am court officers bring Pirouzi to the box along with another man. The duty counsel mentions Pirouzi's lawyer, Ari Goldkind, and says something about a pre-trial this morning. Pirouzi's lawyer is somewhere in the building but not in the courtroom. Pirouzi's case is "held down" (delayed) until his lawyer can be found. Court officers escort him downstairs.

A side note: When Pirouzi appeared at 10:20am he was with another prisoner, a black man. The Justice of the Peace and the Crown attorney said something about there being a question concerning this other man's mental state. They said his case might have to be traversed (moved to another court.)

Pirouzi, himself, appeared a little confused. He stood up when he shouldn't have and didn't seem to understand when the Justice of the Peace asked him to sit down. By itself, this doesn't mean much because a lot of defendants in courtroom 111 appear confused. Still, I thought this was worth noting given the details of the 2nd degree murder charge against Pirouzi.

A second side note: One way to annoy the court officers is to forget to turn off your cellphone. Cellphones went off twice this morning.

11am While waiting for court to resume at 11:10am I see a police officer from 14 Division that I recognize from another court case. He asks me what time court will resume. If I understood correctly he was in court briefly to present some material related to Pirouzi's case. He was only in the courtroom a short while.

11:15am Court officers escort Pirouzi back into the courtroom. He glances at the clock at the back of the room. The defense lawyer asks how many "informations" there are for Pirouzi. He is scheduled for a 3-day trial on a weapons dangerous charge. That trial is scheduled for 10am November 7, 10, 12 in courtroom A, Old City Hall.

After some discussion the Crown and the defense agree that he will appear "on all charges" by video in courtroom 111 at 2pm on Wednesday May 21. Mention is made of the 2nd degree murder charge against Pirouzi. The names of Spiegel and Bruno come up in the discussion. (Joanne Bruno is a Crown attorney. I don't know who Spiegel is.) There is some discussion about disclosure.

Wednesday May 21, 2008

Pirouzi is on the 2pm video list in courtroom 111, Old City Hall. He appears briefly at 2pm. Pirouzi's lawyer, Ari Goldkind, is briefly mentioned. A new court date is set. Pirouzi will appear again by video in 111 at 2pm on Wednesday June 4.

Wednesday June 4, 2008

Pirouzi is on the 2pm video list in coutroom 111, Old City Hall. He appears briefly at 2:55pm. His appearance lasts about a minute. A law student is acting as an agent for the law firm representing him. The Crown attorney on duty today says he doesn't know who the assigned Crown in this case is. Pirouzi is scheduled to go on trial on November 7. The Crown notes that disclosure was given in court on April 2. Since Pirouzi is charged with 2nd degree murder for stabbing a man to death on April 17, this must mean they are discussing another earlier charge against him. Also, earlier I saw a police officer I recognize from another case in the courtroom. He was carrying some folders which he handed to the Crown. These folders may have been related to the Pirouzi case, but I can't know that for sure. The Justice of the Peace orders that Pirouzi be brought back to 111 by video at 2pm on Wednesday June 18.

Wednesday June 18, 2008

Pirouzi is on the 2pm video list in courtroom 111, Old City Hall. His turn comes at 2:45. Michael Leshner is the Crown attorney on duty today. The duty counsel says Pirouzi has changed his lawyer. Ari Goldkind is no longer representing him. (Goldkind is quoted in the April 19 Toronto Sun article posted at the top of the page.) Some of the disclosure for the 2nd degree murder charge has been sent to Goldkind. Pirouzi's new lawyer either has to get it from Goldkind or pay the Crown costs to have another copy made. Pirouzi will appear again by video in courtroom 111 on Wednesday July 2.

Wednesday July 2, 2008

Courtroom 111, Old City Hall. Pirouzi is on the 2pm video docket. He appears at 2:45. A law student acting as an agent for the law firm representing Pirouzi is in court. The student says Pirouzi's lawyer has received disclosure but needs time to review it. The Justice of the Peace says Pirouzi should be appear again by video in 111 at 2pm Wednesday July 9.

Wednesday July 9, 2008

Courtroom 111, Old City Hall. Pirouzi is on the 2pm video docket. He appears briefly at 2:25. The Crown attorney says his office is in the process of preparing the disclosure but needs 3-4 weeks to put it altogether. Pirouzi asks which charge he is in court for today. (It's pretty common for prisoners on video facing multiple charges to ask which charge they are in court for. Lawyers and judges also get confused about which charge they are dealing with sometimes.) The Justice of the Peace tells Pirouzi he's in 111 for the 2nd degree murder charge. The JP decides to bring Pirouzi back by video at 2pm on Wednesday July 23.

Wednesday July 23, 2008

Courtroom 111, Old City Hall. Pirouzi is on the 2pm video docket. He came on screen at 2:30pm. A student acting as agent for the law firm representing him said Pirouzi's lawyer had tried to arrange a pre-trial with Ms. Bruno, the Crown attorney assigned to the case, but Bruno has been on vacation. Pirouzi was told to come back by video at 2pm on Wednesday July 30.

Wednesday July 30, 2008

Courtroom 111, Old City Hall. Pirouzi is on the 2pm video docket. He appears on screen at 3:15pm, but has to wait five minutes while the court deals with another matter. A young black woman is in the courtroom acting for the law firm representing Pirouzi. (I don't know if she's a lawyer or a law student.) One of the lawyers says a trial date hasn't been set yet. There follows a bit of an argument between the Crown attorney on duty, Delgato, and Pirouzi's representative. Delgato says the Crown assigned to Pirouzi's case is Spiegel, while the young black woman says it's Bruno. After some back and forth between the lawyers, the Justice of the Peace, James Cresswell, sets a return date (2pm Wednesday August 6 in 111 by video) and tells Pirouzi's rep to call Spiegel. Pirouzi's case takes up about five minutes of the court's time. As the court moves on to another matter, I leave the courtroom so that I can go back to the Igor Kenk bail hearing in courtroom M2 on the third floor. As I am literally half-way through the door, I hear the Crown ask whether Pirouzi has two cases before the court. I don't hear the rest of what the Crown says, but I'm guessing this explains the confusion over the assigned Crown. I surmise that Spiegel is the Crown assigned to one of Pirouzi's cases while Bruno is assigned to the other.

Tuesday August 12, 2008

At 3pm I go to the clerk's office in old City Hall to find out Pirouzi's next court date. The clerk tells me August 20 and 21 in courtroom 111. I ask, "The 20th and 21st?" She replies, "That's what it says." I can see the computer screen and notice a date at College Park. I ask the clerk about it. She says, "Courtroom 505, August 14." Before I can ask what charge is being dealt with at College Park, the clerk rushes off to answer the phone. I have come at a busy time and the clerk appears somewhat harried.

Thursday August 14, 2008

Courtroom 505, College Park. Shahin Pirouzi is scheduled to appear at 9am. I don't know what is going to happen today. I don't know whether it will be a short appearance or a lengthy hearing. Outside the courtroom I hear a court worker telling someone that court opens at 9 but in the first hour will deal with people appearing by video. At 10 it will deal with people appearing in person.

It turns out courtroom 505 is a set-date court very similar to courtroom 111 in old City Hall. Today's session begins promptly at 9. The first four people to appear are women at the Vanier Centre for Women. It takes ten minutes in total to give each of them a new appearance date. At 9:10, the court video connects to the Don Jail. Contact is made. People in the court can clearly see the video room at the Don but no one is there. The court clerk makes a quick phone call. While the court is waiting for prisoners at the Don to appear, it tries to deal with two out of custody matters. The court clerk calls out two names but gets no response. He notes this for the court record.

After a minute or two the first prisoner from the Don jail comes on screen and he is quickly given a new court date. Pirouzi appears next. A young black woman from the law firm representing Pirouzi is in court. I have seen her before, but I don't know her name or if she is a student or a lawyer. The Crown attorney gives Pirouzi's representative a "second copy of disclosure." (At a June 18 appearance in old City Hall (see above) the Crown attorney noted that disclosure had been given to Pirouzi's previous lawyer, Goldkind, and that his new lawyer would have to either get the disclosure from Goldkind or order a new copy from the Crown office.)

Today in 505 court, the Crown attorney notes that this is a matter dating back to November 2007, in other words five months before the April incident on Wallace Avenue that led to the murder charge Pirouzi is facing. Pirouzi's representative says something about a Crown pre-trial and asks to come back in a week. The Crown attorney asks her if the pre-trial has already been set. When she says no, the Crown hands her a pre-trial form and asks her to fill it out. Pirouzi will return to courtroom 505 by video at 9am on Thursday August 21.

After I leave the courtroom, I go to the clerk's office to find out what charges the court was handling today. When I spell out Pirouzi's first and last name for the clerk, she says "He's appearing in 505," but of course I know that already. When I ask her about the charge, she says "First degree murder." That's confusing for two reasons. In previous court appearances, the charge was 2nd degree murder. Also, the Crown today said it was a matter dating back to November 2007, which I believe is a weapons dangerous charge. (See above Wednesday May 7, 2008). I ask the clerk for the date of arrest. She asks someone in the office and tells me April 17, 2008, which is the date Pirouzi was arrested for the fatal knifing on Wallace Avenue.

Wednesday August 20, 2008

Pirouzi is on the 2pm video docket in courtroom 111, old City Hall. When the session starts, Crown attorney Michael Leshner talks to Justice of the Peace Stiff about the video system which has been experiencing problems since May. Stiff says yesterday there was a double image coming from the Don Jail and no audio. The image today is still double but there is audio.

While I am waiting for Pirouzi, two familiar people appear before the court. The first one is Jerry Leblanc whom I recognize as someone who hangs out at the Kiss Cup Bar and Restaurant. The Kiss Cup is located in the Bloor/Lansdowne area and has a reputation for being a place where drug dealers hang out. That said, I don't know why Leblanc has been arrested or what charges he is facing.

The second face I recognize belongs to Jean Laveau?, whom I recognize from the Igor Kenk case. (Laveau was arrested with Igor Kenk and was convicted on August 7 of two counts of theft under $5000. (Kenk's case is still before the court.)

Today, Laveau, who is no longer in custody, comes before the court and asks for disclosure. I don't know what charges he is now facing.

Pirouzi appears at 3:40. A law student, a young black woman, is acting as agent for his lawyer. The Crown attorney on duty, Delgato, says Alan Spiegel is the Crown attorney assigned to the case. The defense says it's waiting for more disclosure. There appears to be some confusion about all the charges Pirouzi faces.

On April 17, Pirouzi was charged with 2nd degree murder after a man was stabbed to death outside 224 Wallace Avenue (see map). This is the charge that brought him to CELOS' attention. However, Pirouzi faces other charges from earlier events. In court today, I hear "carry conceal weapon", "weapons dangerous" and "assault with weapon". I don't know if these are all separate charges or if the lawyers are talking about the same charge. However, I do know a trial date of November 7, 10 and 12 has been set for a weapons dangerous charge that dates back to November 2007.

The discussion today is confusing because the lawyers and clerks are having trouble sorting through the charges. At one point Crown attorney Delgato says she would prefer to separate the 2nd degree murder charge from the other ones. The law student doesn't want to do that. During the discussion, the student points out that the November weapons dangerous trial date wasn't set by his current lawyer, Freedman, but by his previous lawyer Ari Goldkind.

The JP finally orders that Pirouzi appear again by video on Wednesday September 3 at 2pm in courtroom 111.

After Pirouzi's appearance is over I go up to the court clerk's office to confirm that he is scheduled to appear again in courtroom 111 on Thursday. I want to confirm this because it's unusual for a prisoner appear two days in a row in 111. The clerk confirms he's scheduled for 2pm in 111 tomorrow.

Thursday August 21, 2008

Pirouzi is on the 9am video docket in courtroom 505, College Park. When the court session begins, the Justice of the Peace says "We actually have a picture today and the prisoners can hear." Pirouzi appears at 9:05. A young black woman, a law student, is there as agent for Pirouzi's lawyer Sid Freedman. I have trouble hearing but I think she says her name is Whittington or Wittington. She says the defense received disclosure and is in the process of contacting the Crown about a pre-trial. Pirouzi's next College Park appearance will be 9am Thursday August 28 by video in courtroom 505.

The law student leaves the courtroom right after Pirouzi's date is set. I ask her who Pirouzi's lawyer is. She tells me "Sid Freedman." I tell her I'm working for a community group and say I am confused by all the charges against Pirouzi. She says, "Everybody is." She is in a hurry and I don't get the chance to ask her her name.

1:40pm I'm in the corridor outside courtroom 111 in old City Hall. Even though I suspect there's a mistake in the computer database, I'm here because court clerks have told me twice that Pirouzi is scheduled to appear again today. When I get to the courtroom, I see a handwritten sign on the door that says in block letters: 111 COURT WILL BE BACK AT 2:50PM (AUGUST 21, 2008).

I leave old City Hall and come back an hour later. When I get back, I ask a duty counsel to tell me the name of the Justice of the Peace. He says 'Stiff." The courtroom opens at 2:50. There's no video today, because it's Thursday. A few prisoners appear today in person and the court also deals with people who are out of custody. At 3:20pm, I am the only one left in the body of the court. A uniformed court officer asks me if I have a matter before the court. I say no. The court clerk and the JP then go through a pile of papers and mention a number of names. I don't hear the name Pirouzi. The session lasts until 3:40 when the JP leaves. Pirouzi doesn't appear. When I leave the courtroom the clerk and some lawyers are still there. I assumed the court session ended because before leaving the JP said she would be back tomorrow. However, I don't know why the lawyers and clerks stayed.

Thursday August 28, 2008

Pirouzi is on the 9am video docket in courtroom 505, College Park. He appears at 9:30. When he comes on screen, the court can't see his head because he's too close to the camera. However, the court can hear him and he can hear the court. The student acting as agent for his lawyer Sid Freedman is different from the one who appeared last week. She tells the court the defense is ready to set a trial date. The Crown attorney says the trial will take 3 hours. Justice of the Peace Suzanne Haddad asks if Pirouzi is in custody for the charges the court is addressing today or for other charges. A clerk looks the information up and says he's in jail for other charges. On the charges being dealt with today he has $500 bail. The JP asks the question because when setting trial dates, out of custody matters have lower priority than in custody matters. The JP decides the trial will take place on April 2, 2009 in courtroom 509, College Park. The law student asks the JP to bring Pirouzi back to courtroom 505 by video at 9am on Monday September 22, 2009. The JP agrees.

When the law student leaves the courtroom, I approach her. I tell her that I'm following the Pirouzi case as part of a research project into the court system. I tell her I am trying to make sense of all the charges against Pirouzi and that I'm aware of the 2nd degree murder charge against him. I want to find out from her specifically what charges he is facing today. However, she's in a hurry. She does tell me that today's appearance wasn't about the murder charge and she mentions "theft under." I tell I heard he's also facing weapons dangerous charges, but she can't tell me if the April 2 trial is about those charges or not.

Wednesday September 3, 2008

Pirouzi is on the 2pm video docket in courtroom 111. He appears on screen at 2:40. The Crown attorney on duty, Delgato, asks "How many informations are there?" (i.e. how many charges?) She mentions a trial date of Nov 7-10-12 for a weapons dangerous charge. There follows a brief, confusing discussion about a trial date. The month of May is mentioned. At one point the student acting as agent for defense lawyer, Sid Freedman, says the trial date was set by Pirouzi's previous lawyer. I don't know if she means the dates in November or a date in May. I don't think I'm the only one who is confused because the Justice of the Peace, L. Saab, says they can "clarify all of this" at Pirouzi's next appearance by video which is set for 2pm Wednesday September 17.

Wednesday September 17, 2008

Pirouzi is on the 2pm video docket in courtroom 111, Old City Hall. He comes on screen at 3:05pm. A student acting as agent for Pirouzi's lawyer is in the courtroom. She tells the court that there's been a judicial pretrial. I think she says that a preliminary hearing date has been set for 10am on November 17 in courtroom 123, but I have trouble following and this date will have to be checked. The discussion is confusing because of the different charges Pirouzi is facing. She mentions a case management meeting. The student also mentions the date January 9. She says a statement of issues will be filed on Oct 1. She also mentions a trial date of October 14. The JP says Pirouzi will come back by video to 111 on Wednesday October 1 at 2pm.

Wednesday October 1, 2008

Pirouzi is on the 2pm video docket in courtroom 111. He appears on screen at 2:35. A student acting as agent for Pirouzi's lawyer is in the courtroom. She says a preliminary hearing date has to be set and that the defense will be filing a statement of issues. The Justice of the Peace says Pirouzi will come back by video to 111 on Wednesday October 15 at 2pm.

Tuesday October 7, 2008

I went to the court clerks' office in College Park today to find out if Pirouzi is scheduled for a trial on October 14. The clerk told me there's nothing on the system for October 14. She gave me there court appearance dates for Pirouzi: 10am Wednesday October 8 in courtroom 505, College Park, 2pm Wednesday October 15 in courtroom 111, Old City Hall and a trial date of April 2, 2009.

Wednesday October 8, 2008

Pirouzi is on the 10am docket in courtroom 505, College Park. I arrive at the courthouse at 9:45. By 10am there is a large crowd of lawyers and people facing charges outside 505. However, the guard doesn't open the courtroom door until 10:15. While we are waiting I see lawyers coming in and out of the courtroom. One lawyer tells someone he put his name on "the list" because "it's an infinite process otherwise." Another lawyer complains "I've never been here when the court starts on time. I'm going to start coming late. I always rush to come here, but ..."

The court session begins at 10:20. The room is packed. I count 14 lawyers at the front of the courtroom. A guard tells a man who is standing "Squeeze in or wait outside. There's a space over there."

Pirouzi is brought to prisoners' box at 10:30. His head is shaved and he is wearing an orange jail-issue jumpsuit. The student acting as agent for Pirouzi's lawyer talks to him for a moment before addressing the court. It turns out the court can't deal with Pirouzi's matter right away because his co-accused Mahmoud Abou-al-Rashta, who is also in custody, isn't present. This is the first time I've heard that Pirouzi has a co-accused for one of his charges. Abou-al-Rashta is brought to the box five minutes later. He looks older than Pirouzi. His curly hair is greying and he's wearing a blue checkered shirt.

The Crown attorney hands the defense "initial disclosure." Pirouzi's co-accused has a lawyer, but he left no message for the court. The Crown attorney says the two men should be brought back to court on a Monday because that's when the Crown attorney handling the case is in the courthouse. The lawyers and the Justice of the Peace agree Pirouzi and his co-accused should come back to 505 by video at 9am on Monday October 20.

Wednesday October 15, 2008

Pirouzi is on the 2pm video docket in courtroom 111. He makes a brief appearance at 3:05. His lawyer, Sid Freedman, has left a message for the court. She wants him to return by video on October 29. The Crown attorney says a preliminary hearing date has been set. The Justice of the Peace agrees to have Pirouzi come back by video on Wednesday October 29. However, the JP admonishes the student who is in court for Freedman, "You might want to tell your lawyer we can't keep bringing back people by video on two-week intervals unless there's a good reason."

Monday October 20, 2008

Pirouzi is on the 9am video docket in courtroom 505, College Park. His co-accused, Mahmoud Abou-al-Rashta, comes on screen at 9:05. Abou-al-Rashta is at Maplehurst. The Crown asks if Pirouzi is on the docket. He is, but he can't come on screen yet, because he's not at Maplehurst. The Crown asks him if he has a lawyer. He gives a name. I can't hear clearly, but I think he says Chris Heinz. The Crown attorney says disclosure is available. Duty counsel says Abou-al-Rashta's lawyer hasn't left a message. The JP says Abou-al-Rashta will come back on November 3.

Pirouzi appears at 9:20. He is at the Don. A student, a young black woman, is acting as agent for Pirouzi's lawyer. The Crown says she has some disclosure for the defense. The JP tells Pirouzi to come back to 503 on November 3.

Wednesday October 29, 2008

Pirouzi is on the 2pm video docket in courtroom 111. He comes on screen at 3:35pm. When he appears there is some confusion on the part of both the Crown and and the defense. First, Crown attorney Michael Leshner says he doesn't have the brief. (The brief is the file that contains the history of the accused's court appearances as well as the documents relevant to the case.) However, I think Leshner does the find the brief because he then says Pirouzi has a trial set for November 7, 10, 11 and 12. First he says the trial is for the 2nd degree murder charge, but then he corrects himself and says no, it's for the weapons dangerous and concealed weapons charges.

The student acting as agent for defense lawyer Sid Freedman says that trial date was set by Pirouzi's previous lawyer, Ari Goldkind. Leshner appears shocked: "You mean we have four trial days set aside that haven't been vacated by either the new or old lawyer? There are people sitting in jail because they are waiting for a trial date."

There's more discussion. It turns out there is a trial on starting on November 7. Leshner sees no reason to bring Pirouzi back to court before then. Pirouzi's next court date is 10am Friday November 7 in courtroom A, old City Hall.

Before court started I went to the clerk's office and asked if Pirouzi had a trial date in November. The clerk told me the database has no record of a trial in November. I asked her if a trial date at the University Avenue courthouse would show up on the system. She said it wouldn't.

Monday November 3, 2008

Pirouzi is on the 9am docket in courtroom 503, College Park. His co-accused, Mahmoud Abou-al-Rashta, appears first. He's trying to get a new lawyer. When Pirouzi appears, one of the lawyers mentions disclosure. The Justice of the Peace decides to come back by video at 9am Monday November 17.

Friday November 7, 2008

On Wednesday October 29, the Crown and the defense mentioned November 7, 10, 11 and 12 as trial days for a weapons dangerous and concealed weapons charges, but there was some confusion over whether the date had been vacated or not. In any case, CELOS isn't in courtroom A today.

Monday November 10, 2008

I arrive before 10 at Old City Hall. I check to see if Pirouzi's name is on the docket printout. I can't find it. I ask the clerk if Pirouzi has a court appearance today. She says no; his next appearance is at 2pm Wednesday November 12 in courtroom 111. Shortly before 10, I go into courtroom A and ask the clerk if Pirouzi will be appearing there today. She says no. I ask if she was working in this courtroom on Friday. She says she wasn't.

Wednesday November 12, 2008

Pirouzi is on the 2pm docket in courtroom 111. Court is busy today, maybe because of the November 11 holiday. Pirouzi comes on screen at 3:05. A young black woman is acting as agent for Pirouzi's lawyer Sid Freeman. The Crown attorney on duty is Michael Innes. She says a preliminary hearing date is set for April 14, 17 and 20 in courtroom 123. She says she is filing a statement of issues. While this is going on there is a loud hub-bub in courtroom 112 next door, while the shabbily-dressed man sitting next to me is talking loudly to himself. I'm having a lot of trouble hearing. I do hear Innes ask the student about a case management meeting. She either says there's been one or one has been scheduled. During the conversation, I think I hear the name Spiegel. I believe Spiegel is a Crown attorney. There is some discussion about when to bring him back to court. The defense wants him back at 2pm Wednesday November 26. The JP agrees. While the lawyers are talking, Pirouzi asks "What charge is this?" The student says the 2nd degree murder charge.

After the student leaves the courtroom, I approach her and ask if Pirouzi had a trial date on Friday. She wants to know who I am. I tell her my name and that I'm working for a community group doing a research project into the court system. She tells me a trial date was set for Friday, but she can't tell me what happened.

Monday November 17, 2008

Pirouzi is on the 9am docket in courtroom 505, College Park. No one from CELOS is present.

Wednesday April 2, 2009

Summary: Pirouzi was supposed to go on trial today on three counts of threaten with death and one count of threatening bodily harm. (These charges were laid before the April 17, 2008 stabbing on Wallace Avenue that CELOS is most interested in.) Today's trial was postponed until September 10, because the defence is still missing some disclosure.

Details: Pirouzi is on the 10am docket in courtroom 509, College Park. Whan I arrive at College Park I check the computer printout of the docket to make sure I have the right date, time and courtroom. According to the printout, my information is correct. Before the courtroom is opened, I hear a man in a grey suit call out Pirouzi's name along with some others, but I don't know why. I should have asked him, but didn't. When the courtroom is opened I see a lawyer I recognize and ask her about Pirouzi. She tells me his case has been moved to courtroom 504, down the hall. When I get to 504, I check the list of cases that is posted outside the courtroom. Pirouzi's name and charges are handwritten on the list. I sit in 504 for fifteen minutes waiting for his case to come up. The court deals with other cases and then there is a recess. I ask a Crown attorney about Pirouzi. He tells me the case has been moved to 508. When I get to 508, (a small room like the others in College Park) I see Pirouzi in the prisoners' box wearing an orange jump suit. I recognize him by his bald head which I've seen many times before. His lawyer, Sid Freeman, is addressing the court. She asks the judge to adjourn the case to September 10, because the defence needs some additional disclosure. I hear her say that Pirouzi is facing other charges. She says she's mentioning this to give some background to her request for more disclosure. The Crown appears to agree with the adjournment, which the judge grants. When Freeman leaves the court, I follow and talk to her briefly. She gives me her card. Mainly, I want to make sure I understood what I heard in court. I also ask her if she is representing Pirouzi on all his charges. She is.

Pirouzi also faces second-degree murder charges which were laid after a man was stabbed to death in front of 224 Wallace Avenue on April 17, 2008. See the police press release and the April 19, 2008 Toronto Sun article. The preliminary hearing for the murder charge is scheduled for April 14, 17 and 20. It will be held in courtroom 123, Old City Hall. Preliminary hearings are open to the public but there is a publication ban in place.

Tuesday April 14, 2009

The preliminary hearing in the second-degree murder charge is scheduled to begin today in courtroom 123, Old City Hall. The presiding judge is Justice Beverley Brown. The Crown attorney is Alan Spiegel. The defence lawyer is Sid Freeman. The court session begins at 10. In response to a question from the judge, Freeman says the last judicial pre-trial was before Justice Paul Reindhardt. Spiegel asks if the lawyers can speak to Brown in chambers to settle how to proceed in the preliminary hearing. In response to a comment from Brown, Freeman tells the judge "What we discuss in chambers won't compromise you in any way." Court goes into recess so the lawyers can speak to the judge.

After the recess, Pirouzi is brought back in and court is adjourned until tomorrow to give the Crown and the defence time to review the new disclosure that the Crown gave the defence today.

Wednesday April 15, 2009

Summary: This afternoon Crown attorney Alan Spiegel told Justice Beverley Brown that having reviewed new evidence obtained over the weekend, the Crown decided to drop the 2nd degree murder charge, because there "no longer was a reasonable prospect of conviction." Pirouzi, however, remains in custody because of other charges that were laid before the murder charge.

Details After court was over, I spoke to the defence attorney, Sid Freeman. She told me Pirouzi made a 911 call from a phone booth at about the same time as the stabbing. On the weekend police timed how long it would take to walk from the phone booth to the scene of the stabbing and the amount of time it took called into question whether Pirouzi could have been there when the man was stabbed to death. I asked her if this was a case of misidentification. She told the case hinged on identification. She said there were lots of eye witnesses and none of them identified Pirouzi. In court she praised the Crown for the "great courage" it took to withdraw the charge and said this is the type of decision that makes the system work.

I also spoke to the Crown attorney Alan Spiegel. He was friendly. We had even talked earlier about the court project I'm working on. However, when I asked him about what the defence attorney had said, he told me as a Crown he didn't have the same freedom to talk that the defence has. He gave me the name and phone number of a person in the Crown's office that deals with media.

There was a Toronto Star reporter in court, John Goddard. He told me the Star got a tip that the charges would be withdrawn.