Ruffolo murder case ends in mistrial

 

 
 
 
 
Ruby Ann Ruffolo is accused of first-degree murder in the death of her husband John.
 
 

Ruby Ann Ruffolo is accused of first-degree murder in the death of her husband John.

Photograph by: Times Colonist, file

After six years, six defence lawyers and repeated adjournments, Ruby Ann Ruffolo’s eight-month first-degree murder trial for the death of her husband was abandoned Thursday with the defence in “shambles.”

John Ruffolo’s mother, Lois Ruffolo, and his sister Sarina sobbed when B.C. Supreme Court Justice Mary Humphries decided she could not ask the jury to wait another two months to hear the case for the defence and declared a mistrial. John’s father, Mario Ruffolo, had already walked out of the courtroom in anticipation of her decision.

Grim-faced jurors, who have changed their plans and vacations to keep the trial on track, shook their heads as Humphries discharged them from their duties.

Crown prosecutor Scott Van Alstine tried to insist the case go forward because of the enormous cost and the public interest in seeing the trial concluded.

But earlier, with the jury not present, lawyer Greg DelBigio, who was appointed a friend of the court, told Humphries the preparation of the defence case was in “shambles.”

He estimated it would take at least two months to help Ruffolo prepare her case. “Mr. DelBigio has spent some time assessing what is required and it is going to take too long,” Humphries told the jury.

A date for a new trial is to be set Dec. 2.

Outside court, Lois Ruffolo slumped in a chair, her face in her hands. “It’s disgusting,” she said. “My son deserves better than this.”

Ruby Ann Ruffolo was arrested and charged in March 2004. The Crown alleges that Ruffolo tried to hire someone to kill her husband. When that failed, she bought $150 worth of heroin and gave him an overdose, then dumped his body in a ditch off Humpback Road in Langford.

During the past six years, Ruffolo has been represented by at least six lawyers. Eight to 10 trial dates have been set.

Ruffolo, who has a law degree from the University of Victoria, hired David Lyon in the fall of 2008 and was granted two adjournments.

The trial began March 3 and was expected to last six to eight weeks but was continually delayed when Lyon fell ill. After hearing from 36 witnesses, the Crown closed its case Aug. 27.

Four days later, Lyon tried to withdraw from the case and Ruffolo applied for a mistrial. Instead, Humphries gave Lyon a month to recharge and find a lawyer to assist him.

Humphries directed that jury members be paid their $100-a-day juror fees during the break. The trial never resumed because Lyon and new co-counsel Don McKay were unable to say when they would be prepared to start their case.

Last week, both withdrew because of Lyon’s ongoing health problems.

At that point, Humphries expressed concern about the trial’s effect on public perception of the administration of justice. She asked representatives from the Law Society of B.C. to be present at a second mistrial application.

“I want to ensure the public knows the Law Society is aware of this,” she said.

Two representatives attended court on Oct. 29.

A day later, Humphries denied the second mistrial application and asked DelBigio to help Ruffolo with her defence.

On Thursday DelBigio said he would make his best effort. However, after a brief meeting with the defence team, DelBigio told the court Lyon could not tell him how long it would take to get the information he needs for a defence.

“Who is stonewalling?” asked Humphries.

“Mr. Lyon is the only person who can answer the questions I have,” DelBigio replied.

McKay told the court Lyon has difficulty finding words and keeping his thoughts together when he discusses the case.

Lyon sat in the front row of the courtroom, coughing into his sleeve. As she has throughout the entire trial, Ruffolo sat at the defence counsel table, head down, taking notes.

 
 
 
 
 
 
 
Ruby Ann Ruffolo is accused of first-degree murder in the death of her husband John.
 

Ruby Ann Ruffolo is accused of first-degree murder in the death of her husband John.

Photograph by: Times Colonist, file

 
Ruby Ann Ruffolo is accused of first-degree murder in the death of her husband John.
John Ruffolo disappeared on Oct. 19, 2003. His body was discovered six days later.
 
 
 
 
 
 

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