Court Briefs
Lawyer quits before sentencing
Daniel Campbell
Northern News Services
Published Tuesday, December 24, 2013
SOMBA K'E/YELLOWKNIFE
The lawyer for a convicted sex offender asked to be removed as his counsel on Dec. 18 after telling the judge there had been a "breakdown in communications" with his client.
Paul Falvo was supposed to represent Bobby Zoe during sentencing for a break-and-enter.
Zoe pleaded guilty to the charge on Dec. 5. RCMP say Zoe broke into a residence on Oct. 4 while a family was inside the home.
Zoe has been convicted of three sexual crimes in the past, including a random and opportunistic attack on a young woman on 53 Street in 2011. He was sentenced to 39 months in prison for that assault and was not due to be released until April 11, 2014, but was released from jail early for good behaviour.
A federal program allows inmates to shave a third off of their sentence if they've behaved well in prison.
Falvo said he wouldn't be able to proceed with Zoe's sentencing. He told the court Zoe appeared to be "very unhappy with my anticipated submissions." Falvo added Zoe was abusive to him, saying "what kind of lawyer are you," and refusing to admit to the facts of the case.
Judge Bernadette Schmaltz cut Falvo off during his remarks about Zoe.
"I understand that you and he are not able to get along," Schmaltz said sternly.
Schmaltz allowed Falvo to be removed as Zoe's counsel, and assigned him another lawyer.
Defence attorney Gary Wool took up Zoe's file on Friday, telling Schmaltz that Zoe wishes to withdraw his guilty plea for breaking and entering.
Schmaltz refused to withdraw the guilty plea on Friday, telling Wool he'd need to file a proper application before she could do so.
Zoe's next appearance is scheduled for Jan. 21 in territorial court.
Accused in Ndilo murder allowed to leave city
The teen accused in the stabbing death of Daniel Faine in September was granted permission to leave Yellowknife during the holidays on Dec. 18.
Nikolaus Homberg, the 17-year-old's lawyer, asked Judge Bernadette Schmaltz for the change to her original bail conditions, which ordered her to stay in the city.
The teen was seeking to spend a few days over Christmas in Behchoko.
The Crown confirmed the trip wouldn't conflict with the RCMP or her other bail conditions. Schmaltz said she had no issue authorizing the trip.
The teen is seeking to be tried by judge and jury in Supreme Court, although a trial date has yet to be set. She'll be back in court on Jan. 13 to set a date.
House arrest for threatening RCMP
A 23-year-old man was given six months house arrest for threatening an RCMP officer and breaching his probation.
Judge Bernadette Schmaltz sentenced Cameron Sayine on Dec. 18, reading out the circumstances of his charges to the court.
RCMP responded to an incident in Yellowknife on Nov. 30 involving Sayine. When police approached him, Schmaltz said Sayine began posturing.
Schmaltz said Sayine told the officer "I can take you" and "I can snap your jaw," adding he was tougher than police since he'd served time in a penitentiary.
Sayine admitted he was very intoxicated at the time.
"The police shouldn't have to put up with this behaviour," Schmaltz told Sayine.
"Jail is appropriate."
Schmaltz said she was giving Sayine a chance to prove himself with a sentence of house arrest - as opposed to sending him directly to jail - as she was optimistic of his chances.
Sayine has 30 prior criminal convictions and a history of ignoring conditions on his probation.
Schmaltz told Sayine he needs to do something about his drinking. She added by ignoring his probation conditions, he's "stifling" his rehabilitation efforts.
"If you breach any of the conditions," Schmaltz warned Sayine, "I expect that (your sentence) will become a straight jail sentence."
Sayine will need to complete 90 hours of community service and stay inside the homes of his father or grandparents unless authorized to leave. He was given full credit for the 19 days he served in jail since his arrest.
