Witness testimony at the coroner’s inquest into the death of Junior Manon was suspended Tuesday afternoon as lawyers argued about the admissibility of a report by the Office of the Independent Police Review Director (OIPRD).
That report names Const. Michael Adams — who, along with Sgt. Stuart Blower, was arresting Manon when he died in May 2010 — as one of five officers that evidence suggests used excessive force in the beating of G20 demonstrator Adam Nobody.
Julian Falconer, the Manon family’s lawyer, argued that he should be allowed to cross-examine Adams about statements contained in the report.
“Every inch of Junior Manon’s history will be introduced to paint a picture that Junior Manon had a history with the police and that (Adams) needed to be afraid of him,” said Falconer. “But when it comes to Adams, we’ll foster all notions of presumption of innocence,” he said. “That’s where the unfairness starts.”
Audio of Adams’ testimony to SIU investigators after Manon died was entered into evidence by Falconer on Tuesday and released by the inquest.
A lawyer for the OIRPD, which launched its investigation after a complaint by Nobody, argued the report is not meant to be released publicly. Instead, it goes to the police chief for consideration.
If used in the inquest, it could deter officers — who are compelled to testify or face an insubordination charge — or witnesses from answering questions in the future. “Our purpose is to have the matter go to a hearing,” said Sylvana Capogreco, council to the OIRPD.
Adams’ lawyer, Gary Clewley, argued that none of the evidence in the report was relevant or admissible at the inquest.
“The only possible reason to advance it is to besmirch the character of Officer Adams,” argued Clewley, who said the report “belongs in a PSA (Police Services Act) hearing that Officer Adams may face or in the civil action already commenced by the Manon family.”
The family has launched a lawsuit against Adams, Blower, the Toronto Police Service and the police board.
Earlier in the day, a witness testified that he watched as Manon was struck on the head by an officer and put in a chokehold by another officer, minutes before he died.
Shawn Williams said he was turning on to Founders Rd. after picking up his wife from her job at York University around 6:30 p.m., May 5, 2010, when Manon ran in front of their car.
Williams said he watched as one officer grabbed Manon and brought him to the ground, before another hit him with what looked like a police radio and then crouched down and kneed him in the ribs.
The 18-year-old had run from Const. Michael Adams and Sgt. Stuart Blower moments before, after they tried to arrest him during a traffic stop on Steeles Ave. W.
Manon ran south and down Founders Rd. before he was caught by the officers, who tackled him to the ground. He died there of “positional asphyxia,” according to the province’s chief forensic pathologist, Dr. Pollanen.
An investigation completed by the Special Investigations Unit last January cleared the two officers. An SIU news release said that during the struggle “pressure was placed on (Manon’s) chest in a manner that could have caused it to compress and interfere with his breathing.”
Coroner Dan Cass is expected to rule by the end of the week on whether the OIPRD report is admissible.
Original Article
Source: Star
Author: Patty Winsa
That report names Const. Michael Adams — who, along with Sgt. Stuart Blower, was arresting Manon when he died in May 2010 — as one of five officers that evidence suggests used excessive force in the beating of G20 demonstrator Adam Nobody.
Julian Falconer, the Manon family’s lawyer, argued that he should be allowed to cross-examine Adams about statements contained in the report.
“Every inch of Junior Manon’s history will be introduced to paint a picture that Junior Manon had a history with the police and that (Adams) needed to be afraid of him,” said Falconer. “But when it comes to Adams, we’ll foster all notions of presumption of innocence,” he said. “That’s where the unfairness starts.”
Audio of Adams’ testimony to SIU investigators after Manon died was entered into evidence by Falconer on Tuesday and released by the inquest.
A lawyer for the OIRPD, which launched its investigation after a complaint by Nobody, argued the report is not meant to be released publicly. Instead, it goes to the police chief for consideration.
If used in the inquest, it could deter officers — who are compelled to testify or face an insubordination charge — or witnesses from answering questions in the future. “Our purpose is to have the matter go to a hearing,” said Sylvana Capogreco, council to the OIRPD.
Adams’ lawyer, Gary Clewley, argued that none of the evidence in the report was relevant or admissible at the inquest.
“The only possible reason to advance it is to besmirch the character of Officer Adams,” argued Clewley, who said the report “belongs in a PSA (Police Services Act) hearing that Officer Adams may face or in the civil action already commenced by the Manon family.”
The family has launched a lawsuit against Adams, Blower, the Toronto Police Service and the police board.
Earlier in the day, a witness testified that he watched as Manon was struck on the head by an officer and put in a chokehold by another officer, minutes before he died.
Shawn Williams said he was turning on to Founders Rd. after picking up his wife from her job at York University around 6:30 p.m., May 5, 2010, when Manon ran in front of their car.
Williams said he watched as one officer grabbed Manon and brought him to the ground, before another hit him with what looked like a police radio and then crouched down and kneed him in the ribs.
The 18-year-old had run from Const. Michael Adams and Sgt. Stuart Blower moments before, after they tried to arrest him during a traffic stop on Steeles Ave. W.
Manon ran south and down Founders Rd. before he was caught by the officers, who tackled him to the ground. He died there of “positional asphyxia,” according to the province’s chief forensic pathologist, Dr. Pollanen.
An investigation completed by the Special Investigations Unit last January cleared the two officers. An SIU news release said that during the struggle “pressure was placed on (Manon’s) chest in a manner that could have caused it to compress and interfere with his breathing.”
Coroner Dan Cass is expected to rule by the end of the week on whether the OIPRD report is admissible.
Original Article
Source: Star
Author: Patty Winsa
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