Welcome to my Crime and Justice blog! I am a 19 year old criminal justice student at the University of Winnipeg. I advocate for prisoners' rights, human rights, equality and criminal justice/prison system reforms.

Thursday, February 25, 2010

Jury to decide on Monkman, Ponce and Tavares murder trial




- The fate of three men charged with a deadly stabbing outside a downtown Winnipeg bar now rests in the hands of a jury.
- Jurors spent the night sequestered in a hotel and will resume weighing the evidence this morning.
- Deliberations began Thursday afternoon into the high-profile homicide case following seven weeks of evidence.
- The judge gave her charge to the jury in the morning and jurors began deliberating by early afternoon. 
- Glen Sherman Monkman has pleaded not guilty to first-degree murder, while Norris Ponce and Carlos Tavares pleaded not guilty to second-degree murder.
- Ming Huynh aged 24 was stabbed outside Club Desire in April 30, 2006
- The key issue for jurors is whether they believe the testimony of the Crown’s star witness, Danny Simao, who claims he overheard a plan to kill Huynh while inside a car with the three accused
- Monkman’s lawyer, Jeff Nichols, claims Simao is a "100 per cent untrustworthy" witness whose evidence should be rejected.
- Danny was partying with his cousin, Carlos, one of the accused, on the night of the stabbing. 
- He claims that the men discussed an attack on the victim in the vehicle on the way to the club and then dumped the murder weapon in a river after they fled the stabbing. 
- No murder weapon was ever recovered. The Crown argued the accused planned the attack on Huynh as revenge for another stabbing that happened at a wedding social in March 2006.
- Monkman has admitted stabbing Huynh four times in the chest and cheek with a small knife while bystanders watched but claims he should only be found guilty of manslaughter based on the fact he was provoked. 
- Ponce is accused of distracting Huynh on the street before Monkman stabbed him. Tavares is accused of driving a getaway car, a cream-coloured Lincoln Navigator, away from the stabbing.
- Lawyers say their is no credible evidence linking them to the attack and should be acquitted. 
- Simao has changed his story repeatedly about what he saw and heard the night of the stabbing. They say Simao’s bizarre behaviour in court – which included repeated bouts of vomiting and retching – are a good indicator he was lying.
- "Someone who was providing honest and credible evidence wouldn’t react like that," Ponce’s lawyer, Ian Garber, said Tuesday in his final submission to the jury. "You don’t get any points for being sick and throwing up."
- Crown says he was sick due to pre-existing health conditions, including irritable bowel syndrome and a bleeding ulcer and that testifying took a toll on him. 
- "I urge you to make sure they don’t get away with (murder)," she said. Dewar said there are multiple sources of evidence to suggest the men were connected to the attack, like the Lincoln Navigator rented by Tavares and eyewitness accounts of the stabbing. Police later traced the Lincoln Navigator to a Selkirk Avenue garage, and forensic tests traced Monkman’s blood to the inside of the vehicle.
- Huynh used steroids and cocaine and was wandering and pacing shirtless outside the club that night. 
- He was aggressive and attempted to fight with many people that night. 
- He was intoxicated and looking to fight when he got into a fight with an Asian man alleged to be Ponce. 

I believe that Ponce and Tavares should be acquitted. Their is really no evidence that links them to the killing, besides the fact that they were at the club at that time. Neither of them were present when the killing took place and it could be argued, that they didn't find out about it until afterwords. Danny's testimony is completely unreliable, uncredible and a complete lie and should not even be considered. 

I believe Monkman should be found guilty of manslaughter because the victim was aggressive and definitely provoking others that night, so it is believable that he also provoked Monkman, which caused him to lose control. If convicted of manslaughter, I feel Monkman should be sentenced to between 6-9 years in prison. Their is no evidence that this killing was planned and/or intentional, therefore, Monkman cannot be found guilty of first or second degree murder. 

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