James Forcillo´s legal team cites `stress response´ research as `fresh evidence´ in seeking appeal
(The Star Food)

The legal team representing the Toronto police officer convicted of attempted murder in the death of Sammy Yatim says there is new evidence “capable of tipping the scales� on the case’s controversial outcome — and argues it should be heard at a new trial.Documents filed at the Ontario Court of Appeal provide greater detail about the so-called “fresh evidence� lawyers for Const. James Forcillo argue should be heard in court — research they say sheds new light on the phenomenon of “critical incident stress.�That proposed evidence — a recent study examining Toronto police officers’ response in dangerous situations — advances the “scientific understanding of the stress response in the law enforcement context,� according to written arguments prepared by Michael Lacy, Joseph Wilkinson and Bryan Badali.Read more:Const. James Forcillo faces new charges including perjuryConst. James Forcillo finally runs out of breaks: DiMannoPolice ‘on notice’ after sentencing of Const. James ForcilloThe issue is of critical relevance to the suspended officer’s defence on the all-important “second volley� of bullets — the six shots Forcillo fired while Yatim was on the floor of the streetcar, already shot by three of Forcillo’s bullets.Forcillo testified that he’d had an honest belief that Yatim was re-arming himself and getting up — a claim plainly disproven by the video evidence of the shooting. But officer’s lawyers now say there is research backing up how and why the officer’s “distorted� perception of Yatim’s movements may have been altered by a stress response.“Had the jury had the benefit of the evidence, the jury would have been more likely to accept that (Forcillo) honestly was mistaken about (Yatim)’s movement prior to the second volley . . . �In turn, they may have concluded he lacked the inte ...