From the Courts: Not Guilty Plea from Robicheau in Gas Station Attack

Excerpts of report by the Herald's Steve Bruce:

Michael Derrick Robicheau has pleaded not guilty to raping and trying to kill a Dartmouth gas station clerk in August 2007.

The 34-year-old man entered his pleas Monday, when he appeared in Dartmouth provincial court on charges of attempted murder, sexual assault, robbery, unlawful confinement and possession of a weapon for a dangerous purpose.
Judge Alanna Murphy tentatively scheduled the trial to begin Oct. 8.

To help maintain Robicheau's mental fitness, the judge remanded him back to the East Coast Forensic Hospital in Dartmouth, where he has been receiving psychiatric treatment for the past 15 months.

The main issue at trial is expected to be Robicheau's mental condition at the time of the attack, Crown attorney Perry Borden said outside court. The prosecution plans to call three doctors to testify, he said, and the defence will want the court to hear from its expert.

A videotaped statement that Robicheau gave police after his arrest will also be shown in court, lawyers said.

Asked if he was frustrated with the progress of the case, Borden said he didn't want to use that word.

“It's certainly longer than I'm accustomed to,” the prosecutor said, “but it's a case that requires extra time, extra reports, extra doctors. It would be nice for everybody if there was some closure put to this issue, but until then we have to keep trucking on.”

In the meantime, Borden said, Robicheau will remain in custody. “The victim is safe, the public is still safe,” he said.

The victim of the attack attended Monday's hearing with her husband but didn't want to talk to reporters afterward.

Lawyers will return to court March 30 to confirm the trial dates with the judge.

From the Courts: More Brotherly Guilt

As reported by Steve Bruce of the Herald:
Two members of a well-known Halifax-area crime family, brothers Jimmy and Cory Melvin, pleaded out on charges in Nova Scotia Supreme Court in Halifax on Thursday.

Jimmy Melvin Jr., 27, of Fall River pleaded guilty to committing property mischief by damaging a fire sprinkler at the Central Nova Scotia Correctional Facility in Dartmouth on April 4, 2008.

The Crown then announced it would not be offering any evidence on three other charges — two of break and enter and one of conspiracy to commit break and enter — that Jimmy Melvin was facing from 2006. Justice Kevin Coady dismissed the charges.

Sentencing on the mischief charge is set for May 4.

Cory Melvin, 24, of East Lawrencetown pleaded guilty to three counts of possession of an incendiary device — a Molotov cocktail — for the purpose of committing arson.

The charges stem from a firebombing at 5 Newcastle St. in Dartmouth on Sept. 10, 2006, and two others on School Avenue in Halifax the next day. Each carries a maximum sentence of five years in prison.

Coady dismissed one count of conspiracy and 10 arson charges that Cory Melvin was scheduled to go to trial on in connection with a series of firebombings around metro in 2006.

Cory Melvin will be sentenced April 8.

Both brothers are represented by lawyer Josh Arnold.

Andrew Jason Hudder, a 23-year-old Halifax man serving a 40-month prison sentence for other matters, also appeared before Coady on 18 charges in connection with the firebombings and break-ins.

Lawyer Warren Zimmer asked that Hudder be remanded to the Dartmouth jail and brought back to Supreme Court on April 10.

"Mr. Hudder was just brought down from a federal institution in the last 24 hours and I need some time to speak with him," Zimmer told the judge, who granted his request.

Jimmy Melvin, who got out of jail Jan. 15 after serving his latest sentence, is back in custody on kidnapping and other charges. He was arrested Feb. 10 after Halifax Regional Police responded to a call about a man being assaulted by three men in the Highfield Park neighbourhood of Dartmouth.

Police charged Jimmy Melvin with kidnapping, extortion, assault with a weapon, other weapons-related offences, uttering threats and breaching previous release conditions. He also faces five charges from an altercation he apparently had with police Feb. 11 while in custody — three counts of assaulting a police officer, uttering threats and breaching a recognizance.

Cory Melvin and Robert Cox, 26, of Halifax are both charged with kidnapping, uttering threats and assault with a weapon. The younger Melvin also faces two charges of breaching court orders.

With the agreement of the Crown, both men were released with conditions Feb. 17. Cory Melvin’s mother pledged $10,000 in property to secure his release.

The Melvins and Cox will return to Dartmouth provincial court March 8, along with Natalie Digioacchino, 28, of Harrietsfield, who was released Feb. 12 on charges of kidnapping and extortion.

Jimmy Melvin has three other sets of charges before the courts.

He was arrested Jan. 24 after police were called about a fight at the Halifax casino. He appeared in Halifax provincial court the next day on charges of causing a disturbance in a public place and breaching a court order, and was released on a recognizance.

He’s also charged with arson and mischief for allegedly setting fire to a blanket in a cell at the Dartmouth jail in April 2008. And he is expected to have a charge transferred from New Brunswick, where he was accused of uttering threats against a guard at the Atlantic Institution in Renous.

"Thank you, My Lord," Jimmy Melvin said to the judge at the end of Thursday’s proceedings.

Jimmy then told his brother, who was sitting in the spectators gallery, that he’s been placed in solitary confinement at the jail for having vitamin C tablets.

"That’s what they put me in there for!" he said.

As he was led away by sheriff’s deputies, Jimmy pointed to a female deputy posted in the courtroom and said, "Watch her. She’s gorgeous."

From the Courts - No Parole for High Risk Convict

Photo: Peter Parsons, Herald













As reported in the Herald:

By PATRICIA BROOKS ARENBURG Staff Reporter
Tue. Feb 23 - 4:53 AM
The National Parole Board has refused to release a man charged with raping and trying to kill a Dartmouth gas station clerk shortly after he was let out of prison early in 2007.

Last week, the board conducted its annual review of Michael Robicheau’s case and determined that "if released, (he is) likely to commit an offence causing the death of or serious harm to another person before the expiration of the sentence (he is) now serving."

As a result, he will remain in federal custody until at least the end of June.

Robicheau is serving a sentence of eight years and eight months for a November 1999 attack on a woman working at a Subway sandwich shop in downtown Halifax. He was released from prison on Aug. 11, 2007, under the terms of statutory release.

In those cases, an offender must be let of prison after serving two-thirds of a sentence if correctional services officials do not successfully apply to the parole board for continued detention. The board can, however, impose a series of conditions, which it did in his case.

But just 10 days later, he allegedly attacked a woman who worked at the Ultramar gas station on Portland Street, slit her throat and left her for dead on the floor. The woman survived and police later found Robicheau hiding in nearby bushes.

He is now charged with attempted murder, sexual assault, robbery, unlawful confinement and possession of a weapon for a dangerous purpose. His next court appearance is scheduled for March 1 in Dartmouth.

"It is apparent that even with the high degree of structure and accountability invested in your release plan, it was insufficient to manage the risk for violence that you presented," the board stated in last week’s decision

Robicheau, who has been remanded to the East Coast Forensic Hospital in Dartmouth, told the board that he is "functioning better since taking regularly (his) medications" and is participating in programs at the hospital "to gain a better understanding of (his) mental health condition."

He told the board that he expected to remain incarcerated because of his outstanding charges, but he didn’t want to talk about those charges because "you do not like the nature of the offence," the board wrote.

From the Courts: Brotherly Guilt

Photo: Herald, Peter Parsons

As reported by the Herald's Dan Arsenault

A Nova Scotia Supreme Court jury handed a life sentence Monday to one of two brothers charged in a 2007 beating death in Dartmouth.

Shane Ward, 35 and his brother, Matthew, 34, were charged with second-degree murder, assault with a weapon and possession of a weapon for a dangerous purpose in the death of Philip Love.

Love, an Ontario native, was beaten inside his home on Byron Crescent in Dartmouth on Jan. 8, 2007. The three men started the night celebrating Matthew Ward’s birthday.

Love suffered critical head injuries and died a week later in hospital.

The eight-man, four-woman jury found Shane Ward guilty on all counts, but his brother was only found guilty of assault.

Their mother sobbed and slid from her seat to her knees after the decisions were rendered.

Shane Ward’s conviction for second-degree murder carries an automatic life sentence, but Justice Felix Cacchione asked the jury to deliberate a recommendation for parole eligibility. They came back with no recommendation.

Under the Criminal Code of Canada, parole eligibility for second-degree murder can vary from 10 to 25 years.

The judge arranged a parole-eligibility sentencing hearing for April 1.

After an hour-long lunch break, the judge did determine Matthew Ward’s sentence.

After the Crown and defence pointed out that he had served more than a month on remand in 2007 and was released on strict conditions, including a curfew since then, Cacchione sentenced Matthew Ward to time served.

The judge said Matthew Ward’s actions on the night of the killing "were in no way of the same magnitude as that of his brother."

"His involvement did not cause Philip Love’s death," Cacchione said.

He prohibited Matthew Ward from possessing firearms for 10 years and ordered him to submit a sample to the national DNA databank.

Susan Love, the victim’s mother, would not comment Monday.

Earl Buffet, an uncle of the Ward brothers, sat through Monday’s proceedings.

"It’s an unfortunate situation . . . so many lives destroyed. It’s very difficult."

From the Courts: Appeal for Reason

As reported in the Herald:

Bail bid upsets family of slain woman

By STEVE BRUCE Court Reporter
Thu. Feb 18 - 4:54 AMFamily and friends of a young Cole Harbour woman who was murdered in December 2007 are outraged that one of her alleged killers has applied for bail.

After spending more than 25 months on remand, Ashley Haley wants to be released under the province’s adult bail supervision program.

Haley, 22, appeared in Nova Scotia Supreme Court in Halifax on Wednesday just long enough for her lawyer, Peter Planetta, to have her bail hearing put off until March 12.

About a dozen relatives and friends of murder victim Jennifer Horne attended the proceeding and expressed their feelings about Haley’s bail application in a prepared statement.

"We . . . find it incomprehensible that the court would even consider a bail application in this case," said Steve Andrews, Horne’s step-uncle, as he read the statement to reporters.

"Jennifer’s family and friends are shocked and outraged by (the adjournment). We feel that this is yet another delay tactic by the defendant in this never-ending series of court appearances.

"When the horrendous facts of this case are known, it will be obvious to all that today’s decision by the court has been a travesty."

Haley and her common-law partner, 39-year-old Desmond Maguire, are each charged with first-degree murder in the death of Horne.

The 20-year-old woman’s body was found Dec. 31, 2007, rolled up in a piece of carpet and stuffed in a closet at the apartment that Maguire and Haley shared on Lawrence Street in Dartmouth. Horne had been reported missing the day before, after she failed to show up for work at a Dartmouth seniors complex.

The couple were charged on Jan. 1, 2008, and have remained in custody. Their Supreme Court trial is scheduled for four weeks beginning June 7.

Planetta told the court Wednesday that he thinks his client will be eligible for the bail supervision program, which includes electronic monitoring and intensive supervision. The Crown will argue against Haley’s release.

"Although we feel betrayed, we continue to believe that justice will be served one day," Andrews said.

"We will continue to come to these proceedings, as we have 26 times over the past 25½ months, to represent Jennifer and to continue our fight.

"We want to thank the public for their continued support during this time of great suffering and trauma. Justice will be served. Jennifer’s memory will be with us always."

From the Courts - Delay in Gas Station Rape Case

As reported by Steve Bruce in the Herald:

There’s been yet another delay in getting Michael Derrick Robi cheau to trial on charges of raping and trying to kill a Dartmouth gas station clerk in August 2007.

The case was adjourned two months ago to allow the defence to obtain a second opinion on whether Mr. Robicheau was suffering from a mental disorder at the time of the attack.

That opinion was expected by Thursday, but lawyer Pat Ather ton told a judge in Dartmouth provincial court that the expert won’t be examining his client un til Feb. 15 and 16.

Judge Alanna Murphy ordered everyone to return to court March 1. In the meantime, Mr. Robicheau will remain in custo dy at the East Coast Forensic Hos pital in Dartmouth to maintain his fitness.

Doctors at the hospital submit ted a report to the court in De cember saying that Mr. Robi­cheau was not suffering from any disorder in August 2007 that would have made him not criminally responsible for his alleged actions.

That followed an earlier report, received by the court in October, which said the 34-year-old is mentally fit to stand trial on charges of attempted murder, sexual as sault, robbery, unlawful confinement and possession of a weapon for a dangerous purpose.

If the defence expert thinks Mr. Robicheau was not criminally responsible for the attack, a hearing will have to be scheduled so a judge can make a ruling on the issue.

If the expert comes to the same conclusion as staff at the forensic hospital, the case will be ready to move towards trial.

Mr. Robicheau allegedly at tacked a woman who was work ing the overnight shift at the Portland Street Ultramar on Aug. 21, 2007. The victim was left for dead on the floor with a slit throat but managed to survive.

Police found Mr. Robicheau hiding in nearby bushes.

He had been released from pris on on statutory parole 10 days earlier and was reported missing from a halfway house about four hours before the attack.

A 30-day psychiatric exam that fall found him mentally fit to stand trial. He pleaded guilty to the charges in January 2008 and the Crown launched a dangerous offender application, but the pleas were withdrawn in Septem ber 2008 after doctors said he was psychotic and mentally unfit to be sentenced.

In December 2008, when Mr. Robicheau was showing no signs of improvement, the court or dered that he be moved from the Central Nova Scotia Correction al Facility to the adjacent foren sic hospital, where the Nova Sco tia Criminal Code Review Board would determine what to do with him.

Forced to take medication, Mr. Robicheau regained his mental fitness.

The victim of the attack, whose identity is banned from publication, was visibly irritated by Thursday’s latest delay in the case.

Shortly before the assault, the accused had been released on parole after serving two-thirds of his sentence for assault and robbery (see CBC story).