Canadian Lawyer

24 A P R I L 2 0 1 6 w w w . C A N A D I A N L a w y e r m a g . c o m n a tense Toronto courtroom, defence lawyer Peter Brauti stood beside his ash- en-faced client, Const. James Forcillo, to hear the verdicts in one of Canada's most-watched police trials. Forcillo was charged with murder in the shooting of 18-year-old Sammy Yatim, armed with a switchblade when he confronted police on an empty Toronto streetcar in July 2013. "Not guilty" of second-degree murder, said the jury forewoman on Jan. 25; "not guilty" of manslaughter. But to the charge of attempted murder for firing a second volley at the dying teen: "guilty." Relief at the acquittals and shock at the guilty verdict swept over Forcillo's support- ers, including more than 20 police officers in court with their union president, Mike McCormack. Others called it a victory for police accountability. But for Brauti, who spoke a few words to his client, this was only Phase One in the toughest case of his 18-year career. "A trial by YouTube," he calls it, because within hours a video of the shooting was on the web. After the jury exited, Brauti immedi- ately moved for a stay of proceedings, claiming the state abused the process by prosecuting Forcillo for simply following his training. The motion will be heard in May. This is familiar territory for the 47-year- old former prosecutor, whose 6-foot-2, 245-pound frame and deep baritone afford him easy command of a courtroom. In the 18 years since being called to the bar, Brauti has become, arguably, Toronto's leading defence lawyer for police, earning him both praise for brilliance and criticism for aggressive tactics. Among his successes, Brauti defended McCormack against Police Act charges of discreditable conduct, forging a close friendship between the two men. He won a rare preliminary hearing murder dis- charge for the only other Toronto police officer besides Forcillo ever charged with committing that crime on duty, Const. David Cavanagh. He slogged through two marathon cop corruption trials involv- ing alleged bribery, obstruction, and theft. Both resulted in discharges or acquittals on most counts. "I think he's just a very good lawyer," says Harry Black, another prominent bar- rister for police. Cop cases are never C R O S S E X A M I N E D MATTHEW SHERWOOD/NATIONAL POST I Police defender Peter Brauti is a tour de force in the Peter Brauti is a tour de force in the courtroom and a trusted defender of cops courtroom and a trusted defender of cops and other professionals. and other professionals. By Peter Small Peter Brauti, second left, arrives at court with client Const. James Forcillo and his wife, accompanied by Toronto Police Association president Mike McCormack, left, on April 22, 2014.

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