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Happening today: Justice Joseph Di Luca will provide his judgment in the trial of off-duty Toronto Const. Michael Theriault and his brother, Christian, accused of aggravated assault and attempting to obstruct justice in the beating of Dafonte Miller. https://www.thestar.com/news/gta/2020/06/26/judgment-in-dafonte-miller-beating-case-to-be-streamed-live-friday-morning.html
Here's the link to watch live at 9:30
Justice Di Luca says his judgment is lengthy, 60+ pages, and could take a few hours to read. He says he hopes people consider the reasons for judgment in their entirety.
Justice Di Luca has begun reading his decision. He called Dafonte Miller's injuries "horrific." He notes that the Theriault brothers are white, and that Miller is a Black man.
Di Luca begins by talking about his role. Saying he welcomes the attention the case has gotten, he also says his task "is not to be swayed or influenced" by larger factors like public opinion. Notes this is not a public inquiry into race and policing.
Importantly, Justice Di Luca says: "I’m mindful of the need to carefully consider the racialized context from which this case arises."
He also offered a thought about race, saying he wondered how this incident may have unfolded if police had rushed to a scene and found a Black man, in socks, claiming he was a police officer, and a "significantly injured" white man.
Justice Di Luca talking about how his decision involves making decisions around credibility and reliability. But he says the case is "not simply a credibility contest."
Justice Di Luca: The issue is whether the Crown has proven the case beyond a reasonable doubt on every count against each accused. As the judge, he can take into consideration some, none or all of any witness's evidence.
I am prohibited from taking a screen grab of this hearing. But Justice Di Luca is present, and, separately, Michael and Christian Theriault, and Crown and defence lawyers.
Justice Di Luca is now reviewing, in detail, the various versions of events, beginning with Dafonte Miller's account. Miller spent three days on the stand during trial. https://www.thestar.com/news/gta/2019/11/06/dafonte-miller-who-says-he-was-beaten-by-a-toronto-cop-and-his-brother-set-to-testify-at-their-trial-wednesday.html
Di Luca reviewing Miller's account of his injuries, which he called "horrific" earlier. Miller initially couldn't stand, he had to sleep in the same bed as his mom because his eye would bleed out in the night. His left eye needed to be removed, while his right eye gets fatigued.
Di Luca still reviewing witness evidence, including the testimony of James Silverthorn, a Toronto fire chief who lives down the street from the Theriaults, though he doesn't know them. (This is a key witness in this case, story on his evidence: https://www.thestar.com/news/gta/2019/10/29/trial-begins-for-toronto-cop-and-brother-charged-in-violent-whitby-confrontation.html)
Silverthorn looked out his window and saw two figures beating a third so badly he thought it might be fatal. He said a Black man later banged on his front door so hard he thought it might give way. The man was telling him to call 911.
Silverthorn did call 911, telling the dispatcher that a man armed with a long stick was holding down another on his driveway. You can hear the call here: https://www.thestar.com/news/gta/2019/11/16/what-we-learned-in-10-days-at-the-trial-of-michael-and-christian-theriault-accused-of-beating-dafonte-miller.html
Di Luca now reviewing Michael Theriault's evidence. Michael became a police officer in 2014. The home in Whitby is Michael and Christian Theriault's parents' residence. They were there on that evening because their uncle was in town from Saskatchewan.
Both Michael and Christian Theriault have said they fought back against Dafonte Miller out of self defence. They say it was Miller who had the the pipe and that they feared for their lives. https://www.thestar.com/news/gta/2019/11/12/claiming-self-defence-toronto-cop-testifies-he-hit-dafonte-miller-as-hard-as-i-could.html
This is the pipe in question, how it was found by police on the night of the alleged assault. Warning this may be difficult for some to see.
Justice Di Luca also made mention of this scratch on the front door of the home belonging to James Silverthorn. Crown lawyers suggested was made by Michael Theriault as he swung the pipe at Miller. Michael Theriault denies this.
Di Luca now reviewing the 911 calls: One from Christian Theriault, the next from James Silverthorn, and finally, one from Dafonte Miller himself.
Christian Theriault's call reports that there were guys breaking into cars. At one point, Christian Theriault can be heard saying "you picked the wrong cars." https://www.thestar.com/news/gta/2019/10/31/beaten-mans-eye-burst-almost-like-a-water-balloon-police-officers-trial-told.html
An early file here, with some of the remarks Justice Di Luca made at the outset of today's hearing, acknowledging he is "mindful of the need to carefully consider the racialized context from which this case arises." https://www.thestar.com/news/gta/2020/06/26/judgment-in-dafonte-miller-beating-case-to-be-streamed-live-friday-morning.html
Further to @alysanmati's point about this live-stream expanding public access to courts, this YouTube stream now has more than 10,000 people watching. That's a virtual stadium.
Di Luca describes the pipe at the centre of this case. It's a hollow aluminum pipe, approximately 4 feet long, with a slight bend in it. "The provenance of the pipe is the subject of significant dispute," the judge says.
Di Luca is now taking a 15 minute break, saying he is about halfway through. The hearing will resume at 11:47 am.
