Man asks to retract guilty plea
A man who admitted last month to stabbing a disabled father of two more than 60 times has dismissed his lawyer and wants to take back his guilty plea at the last minute.
“ I would like to have another lawyer to represent me and to strike my plea,” Ryan Mitchell, 24, told Justice John O’Driscoll yesterday from the prisoner’s box as his sentencing hearing for second-degree murder was about to begin.
“ I do not agree with the agreed statement of facts and I do not agree with the pre- sentencing report,” he told Superior Court. The victim, Curt Taverner, 49, was crouched down in his Etobicoke apartment when he was stabbed to death on March 18, 2003, according to the agreed statement of facts.
“ This was a one- sided confrontation,” the statement says. Aneighbour found Taverner bleeding heavily and called 911, according to the statement. Taverner’s voice can be heard on the 911 tape identifying Mitchell as the attacker, the statement says. As he was rushed to hospital, Taverner told police there were two attackers. He said Mitchell stabbed and punched him, while the other man wore a mask and put the boots to him, the statement says. When asked why this happened, Taverner indicated that he was told it was personal.
Mitchell and Ameer El- Khashab were charged with first- degree murder but pleaded guilty to lesser charges on Oct. 19, the day their trial was to begin.
Mitchell pleaded guilty to second- degree murder.
El-Khashab, 22, pleaded guilty to manslaughter and was sentenced to six years and 10 months in prison on top of the two years and seven months he served awaiting trial.
Yesterday, the judge complied with a request by Mitchell’s lawyer, John Struthers, to be removed as Mitchell’s representative.
Mitchell returns to court Nov. 29 to report on his efforts at finding a new lawyer.
It is uncommon for guilty pleas to be overturned.
Typically the accused has to testify to explain why he believes he should have the right to take it back.
His former lawyer can also be called to testify.