Health problems sideline Ruffolo defence team
Louise Dickson, Times Colonist
Published: Saturday, October 31, 2009
A mistrial has been avoided in the first-degree murder trial of Ruby Ann Ruffolo, accused of killing her husband six years ago.
Yesterday, Justice Mary Humphries told the jury Ruffolo's defence lawyers, David Lyon and Don McKay, are in the process of withdrawing from the case.
Lyon's ongoing health problems have forced him to withdraw, said Humphries. McKay, who joined the defence team in late September, feels he cannot continue without Lyon's assistance.
The trial began March 3 and was expected to last six weeks. For the past eight months, it has dribbled along with repeated delays and adjournments, many of them resulting from Lyon's health problems.
Left without counsel, Ruffolo will be assisted by Vancouver lawyer Greg Del-Bigio, who was appointed as amicus curiae or friend of the court in August.
DelBigio is expected to be in court Tuesday to give the jury more information on the case for the defence. "I hope this means we can move smoothly forward and complete the case in discreet time," said Humphries. "It's a big change, but I'm hoping it will lead to the conclusion of the trial."
John Ruffolo's body was found in an old culvert off Humpback Road in Langford in 2003. He had been killed by a combination of heroin and amitriptyline, an antidepressant.
The trial was adjourned three times in March to allow Lyon to recover from fatigue. In April, Humphries shortened the trial hours to accommodate Lyon's illness. By May 1, Lyon had missed 21 days of the 41-day trial.
In July, jurors changed their summer vacation plans to avoid a mistrial.
The Crown closed its case Aug. 27, and the trial was to resume Oct. 26.
ldickson@tc.canwest.com
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