Wednesday, July 13, 2016

More sorrid details from Toronto Cop's Sex Assault - “Josh, stop. She is out.” - Update

The case against three Toronto police officers charged with sexually assaulting a female colleague in January 2015 will now proceed directly to trial, according to court documents.

A direct indictment, a rare request by the Crown that requires the approval of the Attorney General, allows the case to go directly to a trial without a preliminary hearing. Nyznik, Kara and Cabero face charges of sexual assault and gang sexual assault. They are expected to plead not guilty. The matter is next in court on July 20.

Toronto police officers Sameer Kara (front) and Leslie Nyznik
A Toronto police officer told investigators she was too drunk to speak, let alone consent, when three colleagues had oral, vaginal and possibly anal sex with her after a party last year, according to documents unsealed by a Toronto judge.

Superior Court Justice Faye McWatt lifted a publication ban on the information to obtain a search warrant in the case against Toronto Police officers Leslie Nyznik, Sameer Kara and Joshua Cabero Tuesday following an application brought to the court by Postmedia News, CTV and the Toronto Star.

Joshua Cabero
Nyznik, Cabero and Kara are charged with sexual assault and gang sexual assault in the case, and while they have not yet entered pleas their lawyers have said they intend to plead not guilty. The three officers were suspended with pay after they were charged in February 2015. The alleged assault eventually ended, she said, after she heard Kara say “Josh, stop. She is out.”
http://news.nationalpost.com/toronto/josh-stop-it-shes-out-documents-reveal-new-details-in-toronto-police-group-sex-assault-case
TORONTO - It was a bizarre courtroom scene — a defence lawyer and judge passing sealed, secret notes back and forth while everyone else in the courtroom twiddled their thumbs.

The case is that of the three Toronto Police officers from 51 Division - Leslie Nyznik, Sameer Kara and Joshua Cabero, charged last year with the gang sexual assault of a female parking enforcement officer on January 15, 2015. The three have been suspended with pay. The preliminary hearing is scheduled for July but the Crown has applied for a direct indictment — which would see the case go straight to trial.
The attorney general has yet to make a decision on the request. At issue is who will represent the officers: Kara and Cabero are now being represented by the same firm. “A substantial and realistic risk of conflict of interest has arisen,” say Crown attorneys. “One lawyer or law firm acting for two co-accused in the same criminal proceeding puts counsel’s undivided loyalty at risk.”

They’ve asked a judge to remove a law firm from representing either of the officers. That's when things got strange. A sealed document was passed to the judge by defence counsel. When the judge had a question, he passed a note back to the lawyer, who wrote him back. Everyone in court watched, including Crown attorneys.
The Crown was later asked if she had any submissions. She said it was like playing Battleship, with no idea if she was hitting the mark. “I am shooting in the dark,”

It wasn’t the only thing under wraps: The evidence being used by the Crown to prosecute the case against the three cops and information used to obtain warrants for the officers’ DNA are all under publication bans.

Leslie Nyznik, Sameer Kara, Joshua Cabero
Charges were laid against Leslie Nyznik, Sameer Kara and Joshua Cabero in February 2015 after a female parking enforcement officer was allegedly forced into sexual acts.

Two DNA profiles were identified from the semen found on the alleged victim’s body, clothing and jewelry. They were compared to DNA samples from the three accused.

Two of the officers were matches. According to the document, the chances of it not being them are in the trillions and quadrillions.