Marcia & Tony Dooley Seek New Trial; I Cry Bullshit!

21 September 2009 at 10:08 pm (News, Rants, Toronto Life, WTF!?) (, , , , , , , , , , , )


Lawyers for the couple convicted in the infamous beating death of Randal Dooley argued today they deserve a new trial because the jury reached its verdict based on emotion rather than the evidence.

Tony Dooley, now 43, and Marcia Dooley, now 39, asserted their 2002 trial was unfair, resulting in second-degree murder convictions and blamed trial judge Justice Eugene Ewaschuk for several legal errors, some of which incited and confused the jurors.

“This may well be the worst case of child abuse in Canadian penal history,” said Ewaschuk, who sentenced Marcia in April 2002 to life imprisonment with no chance of parole for at least 18 years. Tony received life imprisonment with no parole for at least 13 years.

“Ewaschuk repeatedly referred to the deceased as “poor, pitiful Randal” and displayed his acceptance of the Crown position that Tony Dooley mistreated Randal,” Clayton Ruby, Tony’s lawyer, told the court.

“Please do not give in to your natural human emotion of dislike for the Dooleys and the way they mistreated poor pitiful Randal,” said Ruby, quoting Ewaschuk’s instructions to the jury.

The judge used “poor, pitiful Randal” so often the jury might have mistaken it for his proper name, he asserted.

While the judge reminded the jury to assess the evidence in an objective, dispassionate way to render verdicts based solely on the evidence, Ruby said his inflammatory language – including calling Randal’s body “recked, ravaged” – was a call to punish the parents.

When Ruby said his client didn’t mistreat his son, Justice David Doherty interjected, saying, “Tony Dooley conceded he belted the child” at the end of August and Randal never attended school in September because of the father’s fear of detection by the authorities.

Ruby said those injuries aren’t related to the child’s tragic death on Sept. 25.

“Tony was frequently absent from home (from late November 1997 to mid-May 1998, he was in the U.S.) and he didn’t participate in the assault or assaults,” said Ruby.

Ruby argued that for Tony to be convicted as an aider or abettor to the murder his conduct must have had the effect of aiding or encouraging Marcia to kill Randal.

“By failing to do his duty to protect his child, it effectively created open season on the victim,” shot back Doherty.

“I don’t like the phrase open season,” countered Ruby.

“Well, it opened the door to continued abuse or facilitated it,” added Doherty.

An autopsy found that Randal suffered 13 fractured ribs, a lacerated liver, four brain injuries and bruising and welts from head to toe. The 42-pound, seven-year-old died Sept. 25, 1998 after having endured prolonged, horrific abuse.

Evidence of prior incidents of abuse by the accused couldn’t be used to prove that the accused were the type of people likely to deliver the fatal blows against Randal.

“He failed to warn the jury that it could not engage in general propensity reasoning to conclude from Marcia’s past conduct that she was a bad person and therefore likely to have committed the offence charged,” wrote defence lawyer Marie Henein, who represents Marcia.

“The trial judge also failed to warn the jury that it could not punish Marcia for her past misconduct by finding her guilty of (murder) when, in fact, the jury was not instructed that it must first be satisfied the prior abusive conduct actually occurred before any use could made of it,” wrote Henein in her filings with the court.

The jury also had to decide whether Marcia or Tony “actually committed the prior abuse,” and especially the prior head injuries, noted Henein.

Marcia’s longer sentence showed the judge concluded that she “was signficantly more blameworthy and deserving of a harsher punishment.”

Tony Dooley admitted he inflicted a vicious beating – which shredded an imitation-leather belt – on his son on Aug. 30, 1998, which kept him out of school as the father feared detection by the police or CAS, added Henein.

The tiny boy, who emigrated as a healthy but small boy fromJamaica in November 1997, suffered a facial injury from Marcia for losing his mittens in January, a broken arm in February and had 25 criss-crossing whip marks on his back in April, all months before the homicide, the trial heard.

The appeal is expected to last through Thursday but may conclude earlier.

SOURCE

FUCK them … seriously. Treated unfairly? Verdicts rendered on emotion rather than evidence!? Tony Dooley ADMITTED he beat this child. But because it can’t be PROVEN the prior abuse was done in a timely manner and it contributed to his death, at the hands of these two people, they want a new trial? WHO ELSE could have beaten this child so badly!? How else do you suppose jury’s render a verdict when the guilty ADMITS his guilt of abusive conduct!? What more evidence do you NEED?

You don’t suppose poor little Randal didn’t feel he was treated unfairly – when he was brutally murdered at the hands of the very people that were supposed to do everything in their power to protect him? Fuck you Marcia and Tony. You both should burn in hell. How dare you even THINK of asking for a new trial. Bastards.

This case has ALWAYS haunted me. I’m not sure why, but I think about Randal Dooley often from time to time and I cry when I think of the abuse this child endured. The extent of his injuries, not just at the time of his death but in the few years he was here after emigrating from Jamaica, are horrific. It makes me sick to my stomach to know people out there can do this to a child. 42 pounds he was when he died. I lifted my 35lb 5 yr old daughter from the couch and carried her to bed tonight and realized I could never harm her.  And I imagined her tiny body suffering from the same injuries Randal had and my heart broke a million times over.  I have ZERO sympathy for Marcia and Tony. I truly hope they rot in hell.

Gone but never forgotten, Randal.

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6 Comments

  1. merline latham said,

    These people have a gull to even think about a re-trial.I STRONGLY believe in Moses law. A eye for a eye.In this case they should be places on public display and beaten no torture in the most inhumane manner imaginable to mankind.I am a social worker and to this day this case will always haunt me. Why, because I truly know that justice was Not serve. These two animals should have been terminated a long time. Randall Dooley was robbed of his life, he was treated worse than a dog.

  2. merline latham said,

    Randall rest in peace. At the end of the day all unfair games will play twice.Greatly missed but never forgotten.
    God be with you,

    • mary said,

      I have thought about this case, ever since the story broke and I can not believe that this ugly, beast of a woman could do this to a child. There are many people to blame including Children’s Aid which were called to the house in the past. They should all stay in jail.

  3. kim said,

    they need to hang, and don,t eat tax pay as money

    • maria said,

      I feel that they should have a retrial!!!! So that for all of those who are not familiar with this case, including the new prisoners that will be joining them can familiarize themselves with these monsters. I believe that the evidence is 100% strong enough to convict these degenerates a second, a third and perhaps 100 trials over. As far as the tax payers having to pay for this, will not cost us anymore then all those elaborate dinners our politicians have at our expense. RETRIAL!!!! perfect!!!!! This way everybody will take note of who these monsters are, and the great job that Children’s Aid is doing to protect our children. These people will never get away with it, and by having their faces smeared in every paper again, can only make more people pray for that litlle boy who suffered years of abuse at the hands of all of those guilty of his death. I vote RETRIAL!!!!

  4. maria said,

    I feel that they should have a retrial!!!! So that for all of those who are not familiar with this case, including the new prisoners that will be joining them can familiarize themselves with these monsters. I believe that the evidence is 100% strong enough to convict these degenerates a second, a third and perhaps 100 trials over. As far as the tax payers having to pay for this, will not cost us anymore then all those elaborate dinners our politicians have at our expense. RETRIAL!!!! perfect!!!!! This way everybody will take note of who these monsters are, and the great job that Children’s Aid is doing to protect our children. These people will never get away with it, and by having their faces smeared in every paper again, can only make more people pray for that litlle boy who suffered years of abuse at the hands of all of those guilty of his death. I vote RETRIAL!!!!

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