Michael Bryant, the former attorney-general charged with criminal negligence causing death in the accident that killed cyclist Darcy Allan Sheppard, has hired high-profile criminal defence lawyer Marie Henein.
The public relations firm that Mr. Bryant hired after his trouble began, Navigator Ltd., sent out this terse news release Thursday evening: "Michael Bryant today appointed Marie Henein , LL. B, LL. M (Henein & Associates in Toronto) as legal counsel. Please note, Ms. Henein is not today available for comment."
Ms. Henein is known for taking on cases that garner media attention. Earlier this week she filed an appeal on behalf of Marcia Dooley, who is appealing a 2002 conviction for killing her seven-year-old son, Randal Dooley. Last year, Ms. Henein won an acquittal for her client, NHL agent David Frost, who was found not guilty of sexual exploitation after a well-publicized trial.
Mr. Bryant is due in court at Old City Hall on Oct. 19. He said on Tuesday that he is "innocent of the very serious accusations made against me."
Toronto police Sergeant Tim Burrows made clear Thursday police are not focusing on one specific theory about the circumstances of Mr. Sheppard’s death, such as fresh speculation the two men had been struggling for control of the steering wheel.
"Because of the scope of this investigation we are looking at absolutely every possibility," Sgt. Burrows said. "Every possible angle that could conceivably be thought of or mentioned, we look at in our investigation."
Mr. Sheppard, 33, was killed on Monday evening after clinging to the outside of Mr. Bryant’s convertible as it drove down Bloor Street West, after an minor collision between his bicycle and Mr. Bryant’s Saab convertible escalated to a major conflict. Mr. Bryant, 43, is also charged with dangerous driving causing death.
Video of the event obtained by media suggests the car may have been forced to cross into oncoming traffic as it was leaving the scene of first contact to avoid a construction crew in its lane. One published report indicated the cyclist was trying to put the driver in a headlock. Other reports have speculated he was clutching the headrest.
Misty Bailey, 33, Mr. Sheppard’s fiancee, said in an interview this week it was unlikely Mr. Sheppard would grab onto the car, although grabbing the driver was a possibility.
"He probably would have grabbed him," she said. "It’s a very bad conflict when something like that does occur. You are not just going to sit there and be all kosher and expect everything to go smoothly."
Sgt. Burrows took umbrage at claims that Mr. Bryant received preferential treatment while in custody after being detained overnight. Mr. Bryant was arrested in a T-shirt but emerged to meet the media in a crisp grey suit and green striped tie, which an aide brought to the police station.
"We know that this is going to be scrutinized left, right and centre, and we are not going to do anything to jeopardize the case. He was treated no differently than any other member of society," he said.
Others in similar situations have been let free without being put through a bail hearing if they fit the proper criteria, which he said includes whether or not they are a risk to re-offend, are certain to attend court when requested and are not a threat to public safety. "If we can be accused of any preferential treatment, it was that he received a Starbucks coffee at the 12-hour mark of custody. Some people get a juice box, he got a Starbucks coffee, and that was courtesy of me."
The memorial at the scene of Mr. Sheppard’s death, on Bloor just east of Avenue Road, continued to grow as people stopped to read the personal messages left behind.
Bouquets of flowers were wrapped seven feet high around a tree and an adjacent mailbox was covered in a wallpaper of Post-It note messages.
"Ride on Al," read one message left by his "Brother and Sister messengers." Another, "Let’s all learn from this."
Several large sunflowers leaned against the box, and an empty bottle of Lamb’s Rum sat on top of it, next to a pocket notebook with no words written inside. Friends have said Mr. Sheppard, a would-be standup comedian, kept a notebook to jot down jokes.
At the base of the tree sat the body of a bike painted white, stripped of its gears as well as wheels and handlebars.
Elizabeth Graham stopped at the memorial for the first time to light some of the candles at its base. She said the white bike was a "ghost bike," a common memorial placed and maintained found where cyclists have been killed.
"I knew there would be a memorial here, and I thought there would be a ghost bike," she said. Ms. Graham didn’t know Mr. Sheppard but as a fellow cyclist was angered at his death. "There is this anger the drivers have toward cyclists, and cyclists get angry at drivers because we are unprotected."
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