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Patrick Fagan

Patrick Fagan on Reasonable Doubt – Calgary

“What happened next is not entirely clear. Yes, there were sixty to seventy eye witnesses but as any experienced trial lawyer will tell you, it tends to be much more difficult to prosecute a case with a multitude of eye witnesses than a handful. Some say that Tyler’s hands were at his side when he squared off with Ben and that he was sucker punched; others say that both boys had their fists clenched, wound up to hit each other and Ben managed to land the first blow. Some say that after the first punch Tyler collapsed and that Ben struck him repeatedly in the head as he lay helpless and bleeding on the ground; others say that it was not until Tyler started to get back up to continue the fight that Ben hit him three or four times to end it. Some say it was a five-second fight; others say the fight lasted several minutes.

Regardless of the precise physical dynamics of this schoolboy scuffle, by 3:50 p.m. on May 25, 2001 two lamentable facts were beyond dispute. Tyler was in a body bag enroute to the Calgary Medical Examiners Office and Ben was under arrest for second-degree murder.”

Excerpt from Tough Crimes: True Cases by Top Canadian Criminal Lawyers
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