Windsor Defence Requests Dismissal of Torture Case Due to Trial Delay
Defence asks Windsor judge to dismiss torture case due to delay after trial has finished

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In Windsor, defence lawyer Ken Marley has requested the dismissal of all charges against Daniel Gerow, who faces 11 counts including torture. The request cites delays in the trial process, arguing that the Supreme Court's Jordan framework was violated. The judge has yet to issue a decision.
- 01Daniel Gerow faces 11 charges, including assault and torture, stemming from a July 2024 arrest.
- 02The trial concluded in April 2026, exceeding the Supreme Court's 18-month limit for criminal proceedings.
- 03Defence lawyer Ken Marley argues the Crown's inefficiencies contributed to the delay.
- 04The Crown's assistant attorney acknowledged potential adjustments could have been made had the delay issue been raised earlier.
- 05Justice Adam Campbell plans to issue a decision by early July.
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In Windsor, Ontario, defence attorney Ken Marley has formally requested the dismissal of all charges against his client, Daniel Gerow, who faces 11 counts, including torture and assault. Gerow's trial concluded in April 2026, significantly exceeding the Supreme Court of Canada's Jordan framework limit of 18 months for provincial court cases. Marley argued that the delays were primarily due to the Crown's failure to utilize the first two days of trial effectively, stating, 'The Crown made its bed ... they now must lie in it.' Assistant Crown attorney Kalie Grainger acknowledged that had the defence raised the delay issue sooner, the Crown could have adjusted its priorities and secured earlier trial dates. Marley also noted that the complexity of the case arose from the number of witnesses and evidence presented by the Crown, asserting that the defence should not bear the responsibility for the trial's length. Justice Adam Campbell is expected to deliver his decision on the matter by early July.
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The outcome of this case could set a precedent regarding trial delays and the application of the Jordan framework in Ontario.
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