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God, just hearing their names and I feel sick... God knows... I remember following the story and bawling my eyes out eno... so many times... God..
<span style="font-weight: bold">Dooley parents attack trial judge in appeal</span>
Updated: Mon Sep. 21 2009 3:09:45 PM
The Canadian Press
TORONTO — A father convicted of murder in what has been described as one of the worst cases of child abuse in Canadian history should get a new trial because the emotional language used by the judge swayed jurors, court heard Monday.
When seven-year-old Randal Dooley died in September 1998 an autopsy on his emaciated, 40-pound body found a tapestry of scars and bruises, 13 broken ribs, a lacerated liver and a tooth in his stomach.
His father, Tony Dooley, and stepmother, Marcia Dooley, were convicted in 2002 of second-degree murder. They are each appealing their convictions and asking Ontario's Court of Appeal for new trials. Marcia Dooley is appealing her sentence as well.
The pair was sentenced to life in prison. Parole eligibility for Marcia Dooley, who was characterized at trial as the primary abuser, was set at 18 years. Tony Dooley was to be eligible for parole after 13 years.
His lawyer, Clayton Ruby, argued that one of the grounds for appeal is what he described as inflammatory language by the trial judge.
"This was a tragic and highly emotional case that was widely publicized up to and throughout the trial," Ruby told the Appeal Court.
"The opportunities for hatred and disgust at these two black accused persons in the public mind were numerous."
Characterizations made by Ontario Superior Court Justice Eugene Ewaschuk at trial including the repeated use of the phrase "poor, pitiful Randal" undermined the jury's ability to assess the case in a "dispassionate framework," Ruby said.
Ruby also told the court the trial judge's charge to the jury on the question of aiding and abetting was "confusing and inadequate."
Ruby's own contention of what constitutes criminal liability when it comes to aiding and abetting -- in this case Tony Dooley's failure to protect Randal from harm -- drew many questions from the three judges on the Appeal Court panel.
Evidence "strongly suggests" Tony Dooley was not present at the time of the fatal blow, Ruby said. He said he couldn't find any other case in which a person found to have aided and abetted through inaction was convicted without being present at the time of the offence.
"If I am right in that, there should be an acquittal," Ruby said.
Documents filed with the court indicate Marcia Dooley, represented by lawyer Marie Henein, is appealing on several grounds including that the judge erred in instructions to the jury about prior abuse.
"The repugnant evidence of prior abuse...could only have aroused the jury's emotions, thereby potentially deflecting them from a dispassionate and rational assessment of the evidence without meaningful guidance as to its relevance in the context of the case," Henein writes.
Court documents show Marcia Dooley is also appealing her sentence because of the disparity between the couple's parole eligibility lengths.
The court is scheduled to hear arguments on the appeal through Thursday.
<span style="font-weight: bold">Dooley parents attack trial judge in appeal</span>
Updated: Mon Sep. 21 2009 3:09:45 PM
The Canadian Press
TORONTO — A father convicted of murder in what has been described as one of the worst cases of child abuse in Canadian history should get a new trial because the emotional language used by the judge swayed jurors, court heard Monday.
When seven-year-old Randal Dooley died in September 1998 an autopsy on his emaciated, 40-pound body found a tapestry of scars and bruises, 13 broken ribs, a lacerated liver and a tooth in his stomach.
His father, Tony Dooley, and stepmother, Marcia Dooley, were convicted in 2002 of second-degree murder. They are each appealing their convictions and asking Ontario's Court of Appeal for new trials. Marcia Dooley is appealing her sentence as well.
The pair was sentenced to life in prison. Parole eligibility for Marcia Dooley, who was characterized at trial as the primary abuser, was set at 18 years. Tony Dooley was to be eligible for parole after 13 years.
His lawyer, Clayton Ruby, argued that one of the grounds for appeal is what he described as inflammatory language by the trial judge.
"This was a tragic and highly emotional case that was widely publicized up to and throughout the trial," Ruby told the Appeal Court.
"The opportunities for hatred and disgust at these two black accused persons in the public mind were numerous."
Characterizations made by Ontario Superior Court Justice Eugene Ewaschuk at trial including the repeated use of the phrase "poor, pitiful Randal" undermined the jury's ability to assess the case in a "dispassionate framework," Ruby said.
Ruby also told the court the trial judge's charge to the jury on the question of aiding and abetting was "confusing and inadequate."
Ruby's own contention of what constitutes criminal liability when it comes to aiding and abetting -- in this case Tony Dooley's failure to protect Randal from harm -- drew many questions from the three judges on the Appeal Court panel.
Evidence "strongly suggests" Tony Dooley was not present at the time of the fatal blow, Ruby said. He said he couldn't find any other case in which a person found to have aided and abetted through inaction was convicted without being present at the time of the offence.
"If I am right in that, there should be an acquittal," Ruby said.
Documents filed with the court indicate Marcia Dooley, represented by lawyer Marie Henein, is appealing on several grounds including that the judge erred in instructions to the jury about prior abuse.
"The repugnant evidence of prior abuse...could only have aroused the jury's emotions, thereby potentially deflecting them from a dispassionate and rational assessment of the evidence without meaningful guidance as to its relevance in the context of the case," Henein writes.
Court documents show Marcia Dooley is also appealing her sentence because of the disparity between the couple's parole eligibility lengths.
The court is scheduled to hear arguments on the appeal through Thursday.
My heart just broke all over again 
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