GUILTY Canada - Jessica Newman, 24, Calgary, 10 March 2015 #2

[otto]

An arrest is not always indicative of guilt.

No, but this is:

"Investigators say they have witness testimony and forensic evidence found inside a truck to support the charges against him."

http://calgary.ctvnews.ca/calgary-man-accused-of-murder-seeking-bail-1.2445025

 

[dreamwatcher]

Apparently he is claiming innocent at this time. He was refused legal aid, but his present lawyer is going to ask for a state funded lawyer,
His present lawyer is going to request bail

http://calgary.ctvnews.ca/video?clipId=646582

 

[otto]

Apparently he is claiming innocent at this time. He was refused legal aid, but his present lawyer is going to ask for a state funded lawyer,
His present lawyer is going to request bail

http://calgary.ctvnews.ca/video?clipId=646582

Prison is full of innocent people.

I wonder why he was refused legal aid. Does he have money that he'd rather not spend on a lawyer?

 

[sheshecanada]

Prison is full of innocent people.

I wonder why he was refused legal aid. Does he have money that he'd rather not spend on a lawyer?

Legal Aid us extremely underfunded and broke these days. He must have some assets or may even be on ei but that will not guarantee him legal aid. It's really sad.

 

[dreamwatcher]

Because of the seriousness of the charges, the Province is paying for his lawyer. It is called "State appointed: His lawyer is with a very well established law firm in Alberta.

 

[otto]

Because of the seriousness of the charges, the Province is paying for his lawyer. It is called "State appointed: His lawyer is with a very well established law firm in Alberta.

His lawyer doesn't seem to have much experience with criminal law.

I would be surprised state appointed funding was a done deal just a couple of days after the announcement that his lawyer is going to seek state appointed funding.

http://calgary.ctvnews.ca/video?clipId=646582


What is state appointed funding?

"Appellate cases have now substantially clarified key principles and rules with respect to state funded counsel. There is no general right to state funded counsel, unless statutorily mandated, such as under s. 25, Youth Criminal Justice Act.

While Legal Aid plans will generally respect choice of counsel, as will the Courts, an accused cannot demand choice of counsel where that counsel will not work at legal aid rates. If reasonably competent counsel is available who will work within the constraints of legal aid tariffs, an accused cannot insist upon choice of counsel paid for by the state."

http://justice.alberta.ca/programs_...prosecutor/Pages/court_appointed_counsel.aspx

 

[dreamwatcher]

I did not say that he chose his lawyer. The courts chose his lawyer, and the province is picking up the tab for his defence.
And his lawyer is from a very well established law firm.

Lawyers offer their names to the courts to defend those charged with serious crimes, and as you say, they are paid on scale of Legal Aid.

 

[otto]

I did not say that he chose his lawyer. The courts chose his lawyer, and the province is picking up the tab for his defence.

The latest news that I am aware of has the lawyer stating that he will seek state appointed funding.
http://calgary.ctvnews.ca/video?clipId=646582

Could you please provide a link to confirm that state appointed funding has been granted?
Thanks

 

[dreamwatcher]

Here it is, although it states that he (Kevin will ask to have his lawyer paid for by the courts), in reality, it is the lawyer who will be asking for the court appointment to represent him. He is already representing him, and will seek bail.
There are only a small handful of lawyers who volunteer their names to be put on the roster to defend those who cannot afford to pay from their own pockets.
http://www.cbc.ca/news/canada/calgary/kevin-rubletz-denies-murdering-jessica-newman-1.3132045

Kevin Rubletz says he did not kill his ex-girlfriend Jessica Newman, according to his lawyer who spoke following a brief appearance in a Calgary courtroom this morning.


The 30-year-old Calgary man was denied legal aid and the judge heard today that he will be asking the court to order the government to pay for his lawyer, Brendan Miller. No doubt Miller has represented the "poor" before, and compensated at Legal Aid pay scales.
Brendan Miller
http://www.walshlaw.ca/Lawyers/Brendan-M-Miller.shtml
It appears that Miller is already representing him.
He is going to have to put up a very good defence, due to dna and witnesses.

 

[otto]

Here it is, although it states that he (Kevin will ask to have his lawyer paid for by the courts), in reality, it is the lawyer who will be asking for the court appointment to represent him. He is already representing him, and will seek bail.
There are only a small handful of lawyers who volunteer their names to be put on the roster to defend those who cannot afford to pay from their own pockets.
http://www.cbc.ca/news/canada/calgary/kevin-rubletz-denies-murdering-jessica-newman-1.3132045

Kevin Rubletz says he did not kill his ex-girlfriend Jessica Newman, according to his lawyer who spoke following a brief appearance in a Calgary courtroom this morning.


The 30-year-old Calgary man was denied legal aid and the judge heard today that he will be asking the court to order the government to pay for his lawyer, Brendan Miller.

Brendan Miller
http://www.walshlaw.ca/Lawyers/Brendan-M-Miller.shtml

I doubt if the court will deny it. We will know when the trial starts, I guess.
He is going to have to put up a very good defence, due to dna and witnesses.

I agree that the lawyer who stated that he will seek state appointed funds is seeking funds for himself, ans there is no guarantee that the request will be granted.

Kevin is believed to be not guilty until such time that he is found guilty.

There is a reason that he was denied legal aid, and that same reason could justify denial of state appointed funding.
Is Legal Aid money paid back at some point - at a reduced rate?
State Appointed Funding is simply free money ... drag it out as long as possible because The People are picking up the tab. That <modsnip> doesn't sound like a good fiscal decision in the long run.

 

[otto]

... so I can accept that the prime suspect in the murder of Jessica Newman, mother of three of Calgary, Alberta, has been given State Appointed Funding - but it's not that easy to get, and there's a reason why he is ineligible for Legal Aid (max 25 years before parole - can repay a loan).

Did he get the funding, or is his lawyer - who appears to have little criminal law experience - pulling wool?
Is step one of Kevin's defence to have the taxpayer pay for his lawyer?
Does the lawyer who is angling for taxpayer funded defence council have a criminal lawyer in mind?
Not even Hepner could get this man out of his troubles ...

There is witness evidence, and evidence in the vehicle ... lights out for 25 years.
C'est tout.

 

[dreamwatcher]

Otto: Gosh, let's just see how the lawyer works out. Who knows? He may only be representing him at the present time, to ask for this funding.

It is not unusual, for a different lawyer be assigned by the courts,
I want say, that I do not know Kevin, nor Jessica, but like you, I have been following this whole tragic mess.

Not sure if defendant will have to repay. It would be very difficult for anyone other than the wealthy to pay high legal fees. Since he at this time is going for innocent, one can only imagine how long this will take and the costs which add up very quickly.
I have never had to hire one (criminal lawyer) lol

So let's just see if the same lawyer speaks on his behalf, then we will know that he has been appointed by the courts to continue to defend him.

Our legal aid in Alberta is swamped, and severely underfunded, but the courts have the empowerment to assigned him a lawyer and pick up the costs.
That is how it works here, not sure as to how it works where you live.

 

[deugirtni]

... so I can accept that the prime suspect in the murder of Jessica Newman, mother of three of Calgary, Alberta, has been given State Appointed Funding - but it's not that easy to get, and there's a reason why he is ineligible for Legal Aid (max 25 years before parole - can repay a loan).

Did he get the funding, or is his lawyer - who appears to have little criminal law experience - pulling wool?
Is step one of Kevin's defence to have the taxpayer pay for his lawyer?
Does the lawyer who is angling for taxpayer funded defence council have a criminal lawyer in mind?
Not even Hepner could get this man out of his troubles ...

There is witness evidence, and evidence in the vehicle ... lights out for 25 years.
C'est tout.

The minimum sentence for guilty of second degree murder in Canada at present is 10 years.

If an accused gets denied legal aid, but yet the accused has no money, and being in jail, is unable to work and earn income, then what? He is to represent himself in court? I thought judges despise when that happens?

 

[Sillybilly]

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[dreamwatcher]

http://www.legalaid.ab.ca/help/eligibility/Pages/default.aspx

Note the income levels to qualify for services.,

There are two charts with various income levels , one is for full representation by legal aid.
The other is for legal advice. So, he was probably over the income level for full representation.

The second, is for legal advice/and/or brief services.

 

[evafiore]

Given the present circumstances, I'd guess there's substantial, indisputable evidence. Anyone have any guesses as to what that may be? And why it took so long for LE to press charges?? Were they simply waiting for after the memorial and the family to come to some sort of coping, or is this strategic?

 

[dreamwatcher]

LE said they found evidence in the truck. I imagine that it took awhile for forensics to come back from the lab.

I think the police did an excellent job in this investigation in making an arrest so quickly.

Some cases can take a year or so to solve. Jessica's was only a few months.

 

[criminal mind]

Thank goodness he didn't get bail.

http://calgaryherald.com/news/crime...bletz-in-slaying-of-girlfriend-jessica-newman

Trial set for June 2016

 

[LoisLane]

Prelim started last week. No coverage whatsoever. There is a Publication Ban.

 

[LoisLane]

KCR will go to trial. Date will be set August 19.

http://www.cbc.ca/beta/news/canada/calgary/kevin-rubletz-jessica-newman-murder-trial-1.3643827