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1:04

hi there this is pat size

1:06

of a six part series and

1:08

before us that i wanted to take second

1:11

to respond to a few complaint said

1:13

i'm being deceived as biased

1:15

in the series and winless

1:17

think that it's kind of easy to see

1:19

how some of you may have thought this

1:21

in part three and four of the series

1:24

when i compared what was portrayed in court

1:26

that day to full account as the

1:28

evidence the overall pick said

1:31

does end up appearing more favorable

1:33

to the side of darcy alan shepard

1:36

that to be clear that's not

1:38

the same as being biased or one

1:40

sided why in storytelling

1:43

happens when sacks at cherry picked support

1:45

certain narrative all saxon

1:48

don't support that narrative are emitted

1:51

and typically when this happens the

1:53

audience is not directed to review

1:55

the original documents that story

1:57

relies on because obviously

1:59

the by could be evident to

2:01

get away with a false narrative

2:04

the fact have to be hidden away somewhere

2:07

because of all of this sat at every

2:09

step of the way as pointed you

2:11

to all the facts and evidence that i've

2:13

relied on in this analysis you

2:16

know i'm on one calls thirty five

2:18

caped i witness statements the collision

2:20

reconstruction report the transcript

2:22

of the court proceeding and course all

2:24

the media reporting not

2:26

only am i confident that what i'm

2:28

portraying is fair and balanced

2:31

but i also like transparency and

2:33

i want you to be able to verify it

2:35

if you like this point

2:37

there's some listeners have shame that i

2:39

have motive in this and then i'm somehow

2:42

trying to turn the tables and sorry that

2:44

darcy alan shepard is an ideal

2:46

citizen who shouldn't be salted and

2:48

michael bryant should be somehow jailed

2:51

for life this is an example

2:53

of that black and white thinking that

2:55

i spoke about in the introduction

2:57

and the reason why i stressed that

2:59

no one is all good or

3:01

bad now as i stated

3:04

quite a few times now the

3:06

conclusion of the collision reconstruction

3:08

report states mister

3:10

bryant and mr shepherd shared

3:13

responsibility in the death

3:15

of mr shepherd that

3:17

brings me to the statement i made at the

3:19

beginning of this series i

3:21

said that i have approach this case

3:23

with no agenda my only

3:25

goal is to unravel the story

3:27

in a fair and balanced way and

3:30

despite the buy a set some listeners

3:32

think that you may have heard that

3:34

is what i've done here i

3:36

suspect that what you may have perceived

3:38

as bias is in my reaction

3:40

to those facts for example

3:43

when commented that the saab appeal

3:45

to resemble christine the possessed

3:47

car from the stephen king novel

3:49

this isn't really new i'm an independent

3:52

storyteller and while i generally

3:54

prefer to stay out of the story

3:56

i have been known to comment on facts

3:58

in many episodes before war and

4:00

really facts are facts

4:02

they can be cherry picked omitted

4:05

or refuted by other sex

4:07

but an opinion or a reaction

4:09

to sec doesn't change it

4:11

though if you think that i sound biased

4:14

in my reporting i invite

4:16

you to review the documents and reports

4:18

related to this case i have

4:20

now spent weeks and months

4:23

looking at them just look at the

4:25

transcript of the court proceeding and

4:27

compare it to the nine one one calls

4:29

the full i witness statements that we

4:31

have as well as all the information

4:33

in the collision reconstruction report

4:36

remember none of it has

4:38

been proven in court including

4:41

the narrative presented by the crown

4:43

prosecutor that day and that's

4:45

kind of point there's

4:47

always links are in the story nights and

4:50

on the website my reputation

4:52

is important to me as can be seen

4:54

in my body of work so if you find

4:56

any places where i have cherry picked

4:59

or message sex or even unknowingly

5:02

portrayed a certain narrative that

5:04

isn't quite right please

5:06

let me know exactly what was because

5:08

i would wanna fix it immediately

5:11

thanks again for listening and

5:13

with that it's somewhat the show

5:21

canadian true crime is a completely independent

5:23

production funded mainly through advertising

5:25

the podcast often has coarse language and

5:27

disturbing content it's not for everyone

5:31

this is part size of a six

5:33

part series where we

5:35

left off we had finished unpacking

5:37

michael brian's version of events

5:39

as presented in court that date by

5:41

the special independent prosecutor

5:44

the court heard that the eyewitness

5:46

accounts coupled with forensic examination

5:49

can seem quite that mr

5:51

shattered was attempting to attack

5:53

mister bryant at that time

5:56

they don't you remember the collision returns

5:58

the direction reports hey

6:02

there no physical evidence or

6:04

independent witness statements suggesting

6:06

mr shepherd affected the steering

6:08

of the saab or anything

6:11

to suggest he physically attacked

6:13

mister bryant the reconstructionist

6:16

concluded that mr shepherd

6:18

and mister bryant shared responsibility

6:21

and the incident that led to mr shepherds

6:23

death and

6:26

when comparing that the special prosecutor

6:28

presented that day to the pages

6:31

and pages of summarized the buggy

6:33

called eyewitness accounts included

6:35

in the collision reconstruction report

6:37

which wasn't publicly available at the

6:39

time there are clear and

6:42

significant inconsistent sees

6:45

the court heard nothing of this nor

6:47

was there any mention of the many

6:49

eyewitnesses he perceived michael

6:51

bryant to be the main covert

6:53

aggressor my darcy

6:56

alan shepard himself was not

6:58

seen as an innocent policy there's

7:00

conduct was perceived by the eyewitnesses

7:03

more as passive aggressive they

7:06

added to this the court heard that the eyewitnesses

7:09

reportedly said other things

7:11

that would not just different but completely

7:13

contradictory to what was included

7:16

in the report for example

7:19

the prosecutor cited three eyewitnesses

7:21

who reportedly said the car was

7:23

not swerving we

7:25

couldn't find a single record of

7:27

eyewitness saying this in fact

7:29

we found for who said they did

7:32

see the class living yet

7:34

in court the prosecutor status

7:36

as fact that the car was not

7:38

swerving all over the place the

7:42

what could have explained this disparity

7:45

the crown had not read interviewed the

7:47

eye witnesses so it's not like they

7:49

remembered new details later on

7:51

details that vastly changed the

7:53

meaning of their original statements

7:56

perhaps it's because the collision reconstruction

7:59

report included summarized

8:01

accounts of nineteen of the eye

8:03

witness statements

8:05

presumably the one is deemed relevant

8:07

to report they

8:09

were another six eye witness

8:11

statements that weren't included but

8:13

if by chance they did report many

8:15

contradictory details that the reconstruction

8:18

experts choice to exclude from

8:20

their analysis and report it

8:22

would likely be something special

8:24

prosecutor would have mentioned in court

8:27

that it was not

8:31

in explaining why the charges were

8:33

being withdrawn

8:34

prosecutor had also introduce

8:36

a collection of at least six

8:38

incidents referred to as despite

8:41

the lady evidence where person

8:43

sword darcy photo in the press

8:45

after he was killed and came

8:47

forward to report they had been

8:49

in the confrontation with an angry cyclist

8:52

that they believe to be dawson well

8:56

nine ontario court of appeal

8:58

decision ah the scope

9:00

the lady was cited a case

9:02

where a man charged with murder claimed

9:04

self defense and it was determined

9:07

that the prior conduct of the victim

9:09

may be admissible to demonstrate

9:11

the likelihood that they were the aggressor

9:13

in the mess had before court

9:16

given darcy history the six

9:18

incidents word out of the realm of

9:20

possibility that only one

9:22

of them could be considered a positive

9:24

identification that's the

9:27

incident with the b m w driver

9:29

that there was photographic evidence

9:31

solve the court heard

9:33

that because for of these incidents

9:36

happened in the months before da sees

9:38

death it demonstrated an

9:40

escalating cycle of revenue

9:43

towards motorists in the days

9:45

leading to the faisal interaction

9:47

with mister bryant

9:59

though after presenting the case

10:02

for the crown and now the defense

10:04

the special independent prosecutor

10:06

was ready to explain the crown's

10:08

decision to withdraw the charges

10:10

of dangerous driving causing death

10:13

and criminal negligence causing one

10:16

when it came to the prosecution's burden

10:18

of proof their obligation to

10:20

provide proof in support of these

10:22

charges the special prosecutor

10:25

stated that the version of the story

10:27

provided by michael bryant and

10:29

his wife can not be discounted

10:32

or rejected white indeed

10:35

their accounts sign circumstantial support

10:37

and other reliable evidence available

10:40

to the crown again

10:43

it should be stated that michael bryant

10:45

and his wife did not provide day

10:47

version of events until after

10:49

they were privy to all this other evidence

10:52

including the eyewitness reports

10:55

and the scope lady evidence the

10:58

court heard that charge of dangerous

11:00

driving causing death requires

11:02

proof of a marked departure

11:04

from the standard of reasonably

11:06

prudent driver having regard

11:08

to all of the circumstances including

11:12

the choose reasonable perception

11:14

of the fact this

11:16

special prosecutor explain sat

11:19

in accused persons fear

11:21

is a relevant consideration

11:23

and the law recognizes that momentary

11:26

acts of panic in relation to

11:28

an unexpected situation will

11:30

often fall short of establishing

11:32

an act of dangerous driving

11:35

also a person faced with

11:37

as threatening situation may

11:40

not be criminally responsible for

11:42

driving in a way that would normally

11:44

constitute a criminal offense

11:48

he said that in this case take

11:51

the evidence establishes that mr

11:53

shepherd was the aggressor and the

11:55

altercation the defensive

11:57

position that mister bryant and his

11:59

wife the pretty frightened and panicked

12:01

by his actions is supported

12:04

by the available evidence history

12:07

of aggressiveness towards motorists

12:09

and others mister bryant and

12:11

his wife in an open convertible

12:13

adding to their vulnerability mr

12:16

shepherd charges to jump into the vehicle

12:18

onto the vehicle whatever his motivations

12:21

mister bryant could reasonably perceive

12:24

that mr shepherd was intent

12:26

on doing he and his wife com

12:29

in quite in

12:31

layman's terms at the prosecutor was

12:33

saying that when you take into consideration

12:36

michael's fear that night driving

12:39

was consistent with what any

12:41

other decent try the would have done

12:44

in the same situation the

12:46

court heard there was no reasonable

12:48

prospect his conviction accordingly

12:51

the cram was asking that the charges

12:53

been marked as withdrawn after

12:57

richard picks presentation michael

12:59

bryant defense lawyer was invited

13:01

by the court to provide comment this

13:04

should be noted that it's not for the

13:06

cool to hear some a defense lawyer

13:08

in a proceeding with the crown withdraws

13:11

charges after all

13:13

the role of the crown prosecutor is

13:15

to consider the evidence in totality

13:18

the prosecutors function is a matter

13:20

of public juicy that excludes

13:22

any notion of winning or losing

13:25

that's not the same day when it comes

13:27

to a defense lawyer but this

13:29

case was far from typical murray

13:33

henin started as by sinking the

13:35

prosecution team for undertaking

13:37

plate such as far and

13:39

extensive review of the totality

13:42

of the evidence in this case much

13:44

of which emerged only after

13:46

the charges were laid the

13:49

defence lawyer went on to praise

13:51

the prosecution team describing

13:53

them as the model of prosecutorial

13:56

fairness and objectivity

13:58

and special process the to richard paid

14:01

as not one to do things

14:03

by half measure murray

14:05

henin said she'd never had a case

14:07

before wish she had made the decision

14:10

to quite open up our file

14:12

expose our full defense to

14:14

the prosecutorial and police scrutiny

14:17

the for the case was even heard

14:20

the reason she did this she explained

14:22

it was because she had complete confidence

14:25

and the strength of the defense's

14:27

case and believe that when the objective

14:29

facts or fully exposed and

14:31

examined they pointed to

14:33

one and only one conclusion

14:37

michael's innocence

14:41

he then went size and michael bryants

14:43

version of events and the case again

14:46

the version you would expect to hear

14:48

from his criminal defense lawyer evidently

14:51

the crown had already provided that

14:53

version and analysis so

14:55

murray hennings retelling was more support

14:58

but peppered with more descriptive language

15:01

of her client the

15:03

court heard that the couple were out celebrating

15:06

their wedding anniversary that night

15:08

quite the mood was warm

15:11

it was nostalgic it was reminiscing

15:13

like many couples do either they

15:15

get together and of course what you

15:17

always talk about your children

15:20

michael bryant would publish his memoir

15:23

twenty eight seconds two years

15:25

after that and as you'll recall

15:28

he revealed that the marriage had actually

15:30

been in trouble for a while he'd

15:32

spent lot of time the proverbial

15:34

dog half that summer they'd been

15:36

and counseling some months he forgot

15:38

their anniversary and scrambled to

15:40

make plans he also said

15:42

he was going through the pressure of career

15:45

change as significant reorientation

15:48

and described it as may be something

15:50

of small mid life crisis and

15:52

when it came to that night rather

15:55

than being warm and nostalgic

15:57

reminiscing michael described

15:59

tension why smile

16:01

was force and they talked

16:03

debated and argued about

16:05

their marriage at the time

16:07

he may not have wanted to disclose

16:09

personal details like the state of

16:11

his marriage for public consumption

16:13

which is understandable but in

16:15

effect a change that perception

16:17

of his state of mind as he

16:19

drove the saab along blue

16:21

street that night the reality

16:24

was that he was man who was

16:26

under immense pressure in his career

16:29

his marriage was on the ropes he

16:31

was tiptoeing on eggshells and

16:33

he'd had tense evening that

16:35

was the driver who pulls up to the light

16:37

sent night getting caught

16:39

that day he allowed his lawyer

16:41

to betray the evening as an average

16:44

happy couple celebrating

16:46

their wedding anniversary reminiscing

16:48

about their children right up until

16:50

they're lovely evening was rudely

16:52

interrupted

16:55

as you remember after their anniversary

16:58

dinner that night michael bryant

17:00

was trying to get to bookstore before

17:02

it closed to get his wife had

17:04

pulled that she wanted the

17:06

court heard that to reach that bookstore

17:09

they would have had to turn off blue a

17:11

street at bay street the

17:13

intersection before the mid

17:15

block pedestrian crossing the

17:17

for that when they saw there was traffic

17:20

up ahead they changed their mind

17:22

deciding to just go home to their

17:24

children that meant they

17:27

didn't need to turn and that's why they

17:29

stayed on blu street this

17:32

was described by murray henin as

17:34

a life changing decision white

17:37

that decision and that decision

17:39

alone would bring michael and susan

17:42

face to face with the rage

17:44

of darcy shepherd that

17:46

decision would bring them here today

17:50

and then when describing the part

17:52

of the attack with darcy latched

17:54

on to the side of the car murray

17:56

henin told the court that michael

17:59

claimed darcy that the him you

18:01

not getting away that easily

18:04

now this is the first time this

18:06

particular comment was mentioned and

18:08

these proceedings and there's obviously

18:11

no eyewitness accounts of this

18:13

comment other than michael bryants

18:15

own recollection despite

18:18

this it should be stated that da

18:20

sees father alan shepard believes

18:23

that this comment is consistent

18:25

with something darcy would have said

18:27

but not in the threatening way michael

18:29

bryant was claiming through his lawyer

18:33

you remember after the car accelerated

18:35

into darcy and he landed on the

18:37

road neither drive aside three

18:40

eyewitnesses had heard darcy

18:42

saying to bystanders you roll

18:45

witnesses to this one

18:47

of them said them was gesturing at the saab

18:49

as said this the

18:52

special independent prosecutor did

18:54

not mention anything about this

18:56

and court that day perhaps

18:58

it's because it seems obvious that

19:00

darcy likely wanted people

19:02

to bear witness to the fact that he

19:04

and his bike had been hit

19:06

from behind by a person driving

19:09

car and at

19:11

victoria one of the eye witnesses

19:13

said it didn't appear that

19:15

does he wanted to attack the driver

19:17

raw that he didn't want the driver

19:19

to leave scene the

19:21

when considered in context of michael

19:23

bryant asserting that darcy said

19:26

you're not getting away that easily

19:28

as he clung to the side of the car

19:31

the takes on a whole new meaning

19:40

you recall one the narratives planted

19:43

in the media was the attempted carjacking

19:45

story said darcy had

19:47

tried to grab the wheel and fought

19:49

for control of the car as michael

19:51

bryant tried to defend himself

19:54

from behind the wheel the

19:56

narrative that we now know is completely

19:58

untrue but it made an appearance

20:01

and caught that day michael

20:04

bryants defense lawyer said quite

20:06

a gas he was deep into

20:08

the vehicle with his entire upper

20:11

torso leaning into it michael

20:13

recalled darcy lacing as

20:15

he desperately tried to control the

20:17

steering wheel murray

20:20

hadn't told the court that there were only

20:22

two options sir michael bryant

20:25

stop the vehicle and be attacked

20:27

by darcy alan shepard or

20:29

the option he charges which was

20:31

to risk driving into oncoming

20:34

traffic exposing himself

20:36

and his wife to a head on collision

20:39

the court heard that michael believed

20:41

that point in time it was the only

20:43

way to get away from da sees

20:45

attack right the

20:48

raptors please bit frightening attack

20:50

his was thought they were both going

20:53

to die the

20:55

court heard that they drove to safety

20:57

around the corner to the park

20:59

client for each how were they called nine

21:02

one one right if

21:04

there was any question as to what was

21:06

in michael's mind at that moment

21:08

they can be no question when you hear

21:11

his nine one one police ahead

21:13

he requested that police

21:15

com because he has just been attacked

21:18

it is the call of someone terrified

21:20

for his and his wife life

21:23

it is the call of someone who was just

21:25

been attacked obviously

21:28

the court never heard that coal

21:30

because this wasn't trial

21:33

they're really have any comments ended with

21:35

this statement right the

21:38

guy if you were to ask michael

21:40

what he would have done differently that night

21:42

on august thirty first he

21:44

the tell you that he wished he and

21:46

susan had just stayed home

21:51

at the end of the preceding justice

21:54

p bentley praised both the crown

21:56

and the defense

21:59

in this case council for the

22:01

crown and the defense work above

22:03

and beyond what i have seen and many

22:05

many

22:07

no i can follow that to all

22:09

com so you represent the best

22:11

interest the best interest of the

22:13

justice system

22:15

now should be noted that this judge

22:17

wasn't a trial of law or fact

22:20

and this proceeding

22:21

mvp pre trial court proceeding

22:23

his mandate from the attorney general

22:26

is to facilitate agreement between

22:28

the crown and the defense with

22:31

the gall to avoid the expense of

22:33

trial there

22:34

are given day had essentially done just

22:36

that it was a good at them

22:38

for everyone that

22:41

this isn't what usually happens

22:43

when the crown and the defense reach

22:45

an agreement usually

22:47

through compromise where the defense

22:49

makes admissions in exchange

22:51

for concessions from the crown

22:54

but in this instance michael

22:56

bryant didn't make a single admission

22:59

about anything he may have gone wrong

23:01

that night he maintains

23:03

that the car stalled that darcy

23:06

took swing at him that the cob

23:08

and stole the second time and as he tried

23:10

to get it started again in a state

23:12

of panic it essentially accidentally

23:15

accelerated forward to car

23:17

loans mako looking down

23:19

the whole time and when he looked

23:21

up he saw darcy on the hood

23:24

and hit the brake then

23:26

as he tried to drive off darcy

23:28

latched on to the side of the car

23:31

and michael insisted that he struggled

23:33

to maintain control of it so

23:35

that's why he ended up driving on

23:37

the wrong side of the rides michael

23:40

bryant made no admission of

23:42

guilt and when asked what he

23:44

would have done differently the only admission

23:47

he gave was that he wished

23:49

he'd stayed hard

23:54

because it was such a high profile

23:56

case there was news conference

23:58

held after the cool the heating

24:01

this will prosecutor richard pack

24:03

told reporters that michael bryant

24:05

was kate confronted by

24:07

man who unfortunately was in

24:09

a rage in such circumstances

24:12

he was legally justified in

24:14

trying to get away the case

24:16

could not be praised when

24:19

michael fronted the press he stated

24:21

that he'll never forget what happened that

24:24

night describing it as an

24:26

unnecessary tragedy

24:29

young man is dead and

24:31

, his family and friends that

24:33

remains the searing memory today

24:37

am i express my sympathies and sincere

24:39

condolences i'd

24:42

brave that loss and i always

24:44

well

24:45

wow he felt terrified and panicked

24:48

during the ordeal he said he has

24:50

no anger towards darcy

24:52

alan shepard and he described

24:55

the whole experience has been incredibly

24:57

humbling given he went from being

24:59

attorney general to being cast

25:02

in the back of a police wait

25:05

this is not a morality play about

25:07

box this is cause drivers

25:09

this is cyclists all one about

25:11

class privilege or politics is

25:14

just about how in twenty eight

25:16

seconds everything can change

25:18

and had time marches on and

25:20

so will i the

25:22

end quite he said he

25:24

was looking forward to going back to work

25:26

at toronto law firm ogilvy

25:29

renner

25:31

the tv news reported that in

25:33

response to criticism that michael

25:36

continued to drive a radically while

25:38

darcy was hanging onto the car

25:40

i reporter asked him why he didn't

25:43

take his foot off the pedal michael

25:46

paused and said that he thought

25:48

a lot about what he would do differently

25:50

if he had the chance that quite

25:53

what happened is been really exhaustively

25:55

described by the prosecutor and that's

25:57

what happened i obviously wish

26:00

none of it had happened none of it

26:13

oh should i go with this there's no

26:16

clue , about these are

26:18

you still getting ready to the aviators

26:20

yes com or first shoes

26:23

now glasses babe how many pairs the

26:25

even need now that work from home

26:27

i don't need shoes glasses

26:29

are at the new shoes isn't that

26:31

expenses net as any any

26:34

offers thousands offers high quality affordable

26:36

prescription glasses starting at six ninety five

26:38

how you guys on this sub see you sunday

26:41

night cause i everyone

26:57

yeah see the adoptive father alan

26:59

shepard was in court that day along

27:02

with misty da sees partner they

27:05

were described by ctv news

27:07

as being visibly emotional

27:09

after the proceedings allen

27:12

told reporters that quite i

27:14

don't know what justices in this circumstance

27:17

i'm not happy with the result but i

27:19

don't know what would have made me happy

27:22

he added that the people who made the

27:24

decisions the lawyers talk

27:26

to him with great respect he

27:28

believed all they had to say and quite

27:31

they've made a decision that all

27:33

except nifty

27:35

with described a cbc news

27:37

as being a bit more direct she

27:40

said quote the message i'm getting

27:42

is that we deserve to die for riding

27:44

a bike there's no repercussions

27:48

behind

27:50

the scenes alan shepard senior

27:52

was aware of the outcome before

27:54

the court proceeding started he

27:57

had been invited to amazing with richard

27:59

pet and his local representative

28:02

mark sandler wow is detective

28:04

constable asa lane from toronto

28:06

police traffic services some

28:09

others they're alan

28:11

shepard was given the news that the charges

28:13

were going to be withdrawn along

28:15

with the short presentation of what the crown

28:18

was going to be say in court

28:20

that after the preceding he couldn't

28:23

help but feel a bit blindsided

28:26

it's not because of the inconsistency

28:28

between the crown's presentation and

28:30

collision reconstruction report

28:33

because the report of course wasn't

28:35

public at the time nor

28:37

did allen feel blindsided because

28:40

the charges were withdrawn he

28:42

would say in an interview with canada land

28:45

years later that he had accepted

28:47

that the lawyers would likely arrive at that

28:49

decision because when considering

28:52

da sees background and history

28:54

in the context of the criminal justice

28:56

system the could understand why

28:58

the lawyers might feel that they weren't

29:00

likely to get a conviction instead

29:03

his feeling of being blindsided was

29:06

related to the fact that when explaining

29:08

a decision to withdraw charges against

29:10

michael bryant he didn't

29:12

expect to hear such detailed

29:14

history of diocese childhood

29:17

the including his psychiatric psychological

29:20

and clinical background that

29:23

would have been expected from michael bryant

29:25

defense team as part a trial

29:28

but not the crown prosecutor and

29:30

certainly not the special independent

29:32

prosecutor alan

29:35

oh sorry did not expect the crown

29:37

to imply that while what

29:39

happened to darcy and his childhood

29:41

wasn't his fault that contributed

29:43

to him turning into what amounted

29:46

to an angry criminal who battled

29:48

addiction and as

29:50

you remember the prosecutor had stated

29:52

quite given what we know

29:54

about mr shepherd it is not surprising

29:57

that he would go into wage from time

29:59

to and and you know it was

30:01

quite an amazing story most

30:04

people are ill situated to overcome

30:06

the obstacles this man's face

30:10

the implication was that it was

30:12

inevitable that someone like darcy

30:14

would eventually do something like what

30:17

happened to michael bryant the

30:20

eyes of alan shepard and darcy

30:22

supporters it mounted

30:24

again to the completely unnecessary

30:27

demonization of darcy

30:29

alan shepard the man

30:31

who wasn't able to tell his own

30:34

heard of history

30:46

members of the cyclist and bike messenger

30:48

community had been gathered outside

30:50

the courthouse and the decision

30:53

dismayed and and get them you

30:55

don't ban break then executive

30:57

director of the toronto cyclists

30:59

union was quoted in canadian

31:02

press saying they were too many unanswered

31:04

questions in case wait

31:07

like was get a hundred and ten dollar

31:09

ticket for not having bow cyclist

31:12

in this case was killed by a driver

31:14

he made a wrong decision and

31:17

there's no read caution whatsoever

31:19

that just doesn't seem to make much sense

31:22

or seen say he

31:24

added in reference to michael bryant

31:27

that everyone knows what adrenaline

31:29

does it's unpredictable right

31:32

but with that said he had choice

31:35

and that's where the law comes into play

31:37

and disappointed as equal thousands

31:40

of toronto unions and people across

31:42

the country has watch this case

31:44

i don't think we're seeing justice here

31:48

in the same cp twenty four

31:50

article mpp peter

31:52

como then the justice critic

31:54

for the ndp party predicted

31:57

that they would be a dark cloud over

31:59

the case the many years to com he

32:02

referred the questions about conflict

32:04

of interest whereas the fact that

32:06

the former attorney general who once

32:08

appointed judges and or either so crown

32:11

prosecutors would receive special

32:13

treatment by the justice system

32:15

because the decision to drop the charges

32:18

wasn't made by a try or of fact

32:20

like judge or jury none

32:23

of the evidence was actually put to

32:25

court those question

32:27

still remains he said

32:30

neither mr shepherd but justice

32:32

know what many would argue did

32:34

mister bryant

32:37

after the court proceeding the executive

32:39

summary of the decision was distributed

32:41

to the media detailing everything

32:44

that happened including thirty six

32:46

incidents that were accepted by the court

32:48

as proof of darcy having a history

32:51

of aggression towards motorists

32:54

within hours those details were

32:56

being published by multiple media

32:58

outlets

33:00

the national post published those

33:02

pictures of shirtless dossier

33:04

alan shepard clinging onto

33:06

the bmw on the front page

33:09

with the headline darcy

33:11

alan shepard taunted all the

33:13

drivers before michael brian

33:16

the toronto star posted an article

33:19

by robyn doolittle and jesse mcclain

33:21

who interviewed the driver of that

33:23

b m w the driver

33:25

recalled that darcy charged at

33:27

his bmws open window

33:30

completely unprovoked wait

33:33

i'm sitting in my car the guy

33:35

comes and start screaming at me

33:38

yeah it it it does he was acting aggressively

33:41

are you insane only thursday

33:43

oppressively sorry the

33:46

incident happened an area of toronto's

33:48

financial district that served as

33:50

a hub for local bike messengers

33:53

where they congregated while they waited

33:55

for the next job the toronto

33:58

star article described kings in

34:00

between the bike messengers and local

34:02

businesses the

34:04

photos of darcy alan shepard

34:06

were taken by a lawyer on the fifth

34:08

floor of the building next to this

34:11

hub through notice the commotion

34:13

with the bike messengers outside and

34:15

reached for his camera the

34:17

toronto star also quoted

34:19

bike messenger named nicolette

34:22

who said she was there when darcy

34:24

attacked the bmw and

34:26

she was horrified to see it happen

34:29

right the

34:30

driver was stuck in gridlock or something

34:33

i think he said something to darcy

34:35

darcy said something back it escalated

34:39

he added does he was having a bad

34:41

months he was trying to get back in rehab

34:44

that doesn't mean he deserved to

34:46

die he was a huge the being

34:53

the media cycle continued publishing

34:56

the outcome and special prosecutors

34:58

reasons for withdrawing the charges

35:01

the court proceeding with or is our and

35:03

this was now part of the public

35:05

records as an article

35:08

published by the toronto star read

35:10

quite it'd be nearly nine

35:12

months since bryant and his wife

35:14

with driving along blue a street after

35:17

an anniversary dinner when a drunk

35:19

shepherd approach that convertibles

35:21

windows bryant car

35:23

had stalled and when he tried to

35:25

accelerate shepherd landed on

35:27

his hood the cyclist became

35:30

enraged and grabbed onto the side

35:32

of the car quite

35:35

an uncredited opinion piece in the globe

35:38

and mail described michael brian as

35:40

and every man right one

35:42

might find himself and his close

35:45

one day the locking and fear

35:47

and panic to a wild unexpected

35:49

aggressor and subject afterwards

35:51

to police charges and condemnation

35:54

by the community when criminal

35:56

charges were dropped against him yesterday

35:59

it was a good pay for justice

36:02

the same

36:03

the union p pointed out that even

36:05

third nipple worse and every man

36:07

he could afford top legal representation

36:10

and other experts and

36:12

is every every man we're in the same

36:14

position they would be fewer

36:16

miscarriages of justice the

36:19

code the important point

36:21

is that the poisoned arrow as wrongful

36:23

accusation no longer points

36:26

at an innocent man in

36:29

a column for the toronto star rosie

36:32

to man i described darcy alan

36:34

shepard as a court quixotic

36:36

hot head consumed by demons

36:38

from his awful past that

36:40

it was the devil inside him on the night

36:43

of august thirty first two thousand

36:45

nine that caused his death the

36:47

not the man who was once ontario's

36:50

attorney general the

36:52

man described michael bryant

36:54

as merely the hapless that

36:56

vehicle fight the

36:59

range topless mates ha

37:01

ha bumps infuriated cyclist

37:04

the cyclist was the provocateur

37:06

the driver was the terrified

37:08

and disoriented we'll man

37:12

the media outlets reported that the

37:14

real issue with the need for more

37:16

bike lanes in toronto writing

37:19

for the national post peta

37:22

truth and brower describes an inherent

37:24

in balance between the bicycle

37:26

and the most car then added

37:28

quote mister bryant is not

37:31

guilty that does not mean that

37:33

he used best possible judgment

37:35

when darcy alan shepard allegedly

37:37

gripped the wheel of the sub

37:39

he stated that michael does not

37:42

amount of this a hero but neither

37:44

should he come out as salad

37:48

christie blackbirds opinion was similar

37:50

herpes for the globe and mail was

37:52

titled said michael bryant

37:54

an extraordinary kind of justice

37:57

and the first paragraph read look

38:00

it's the right result but unless you were

38:02

born yesterday what michael bright

38:04

got by way of justice was not

38:06

the ordinary sort but the

38:08

extra fear sword he

38:11

described the fact that the defense

38:13

provided they fall fall to the crown

38:15

as practically unheard of it

38:18

usually is preliminary hearing

38:20

before the trial where the evidence

38:22

is cold and decision is made

38:24

in whether to include it this

38:26

didn't happen here he

38:29

then referred to one of the comments made

38:31

by michael bryant after the decision

38:34

he had said that nobody is

38:36

above the law but no one's below

38:38

the lot either quite

38:41

he didn't know that some sites get

38:43

the old beater version and some

38:45

get the sob the

38:48

aftermath of the decision cycling

38:50

advocates bike messengers and

38:53

others started to analyze what

38:55

had happened why this point

38:57

for my bike korea jar hendry

38:59

had set up a blog called bryant

39:01

watch where he wrote about each

39:04

development as the case the

39:07

full transcript of the court proceeding

39:09

wouldn't be released for a few years

39:11

along with the collision reconstruction

39:13

report of course but job

39:15

that hold of the eleven page executive

39:18

summary that was distributed to the media

39:21

and analyze the case pointing

39:23

out that the source that much of the new

39:25

evidence mentioned by the special independent

39:28

prosecutor appear to come

39:30

from those interviews that michael

39:32

bryant and his wife granted the

39:34

crime man molson your

39:37

hendry speculated that look like

39:39

the interviews may have the an earth

39:41

denied the drawing and his wife had

39:43

seen all the evidence in

39:46

i've mentioned previously this

39:48

would be confirmed by michael bryant

39:50

in his two thousand twelve memoir

39:53

twenty eight seconds

39:57

in a piece for bicycle law dot

39:59

com former olympic cyclist

40:01

and cycling lawyer bob me on ski

40:04

pointed out that what was most remarkable

40:07

was not the special prosecutors decision

40:09

to drop the charges because he couldn't

40:11

win the case because that's

40:13

what they're obligated to do to

40:16

determine whether they have the evidence

40:18

to go forward right

40:21

in fact prosecutors regularly

40:23

make determinations as to whether they

40:25

had sufficient evidence to get a conviction

40:28

pat that seemingly

40:30

taking on the role of defense attorney

40:33

and presenting bryants defense

40:35

to the court

40:36

three

40:40

months after that court decision

40:42

was the one year anniversary

40:44

of darcy alan shepherds death

40:47

and and memorial ride was held

40:49

in toronto alan

40:51

shepard travel from edmonton for

40:53

the event and deceit partner

40:55

misty also attended telling

40:58

genesee yang for the toronto star

41:00

that's a goal was to remember a last

41:02

friend and draw attention

41:04

to cyclist safety the

41:07

event which was attended by dozens

41:09

of cyclists was also a place

41:11

of venting about the decision to

41:13

withdraw the charges nine

41:17

sonia was quoted saying that

41:19

be outcome made her sick one

41:22

of darcy from named braun

41:24

brought a ghost bike a

41:26

bike painted white and placed on

41:28

locations they cyclists have been

41:30

killed as a memorial brian

41:34

locked the bought to a poll need

41:36

a spot where does he lost his life

41:39

he was disappointed with the legal system

41:42

the he'd been fail

41:44

by the system sorry many times before

41:47

and this has got to be the biggest

41:49

failure alan

41:51

shepard said he was still working

41:54

through his grace and was disappointed

41:56

that the assertion that were made in court

41:59

deserved more rigorous examination

42:01

than they actually got about

42:05

dot c he said quite i'm

42:07

prepared still to accept that he did

42:09

initiate the incident but

42:12

i need a better explanation of how

42:14

that happens than what we've got

42:16

so far one

42:18

said that he felt no vitriol

42:20

towards michael bryant but

42:22

would like him to acknowledge that he did

42:24

play some role in dao c

42:27

l and shepherds death whatever

42:29

that may the have been right

42:31

just say look what i did

42:34

i regret having done it and i'm sorry

42:37

just to admit some involvement

42:39

in

42:43

fact just the other sit would continue

42:45

to happen

42:46

just two weeks later toronto

42:49

life published a long form article

42:51

written by liam mclaren with

42:53

the headlines

42:54

michael bryants very bad year

42:57

his life on bail how he got

42:59

off and his surprise combat

43:02

the pace details michael version

43:04

of the story the encounter

43:06

with the angry cyclist tossing

43:08

the garbage meeting him again

43:11

at the mid block pedestrian cross way

43:13

this sub stalling twice and

43:15

michael's panic and trying to restart

43:18

the car that caused it to surge

43:20

forward

43:21

the article did at least acknowledge

43:23

that does he didn't just land

43:25

on the hood it described the

43:27

saab hitting him hard enough that he

43:30

toppled on to the hood but the rest

43:32

of that paragraph states the

43:34

wasn't seriously injured but

43:36

he became enraged

43:40

elsewhere in the article michael provided

43:43

an explanation for why he had

43:45

a suit delivered before he was released

43:47

from custody to awaiting media

43:50

the former attorney general said his

43:52

kids were used seeing him on t

43:54

v and assert so if he suddenly

43:56

appeared in a t shirt they

43:58

would have known that in with know

44:02

the article also described the role

44:04

of his wife susan abramovich

44:07

describing hair as one of the most influential

44:10

entertainment lawyers in the country

44:12

someone who spent the next day

44:14

quote attacking the situation

44:16

that the first sanctioning francis

44:19

many

44:19

being paid a personality that

44:21

she is he'd already spoken

44:23

to the city this criminal lawyers

44:26

reassured friends consulted with

44:28

associates send it off the press

44:30

and talk to jamie what head

44:32

of the psn navigator her

44:35

being a friend offered up his

44:37

services for free

44:40

now that you'll recall it had been reported

44:42

that the services of navigator came

44:45

at rate of six hundred dollars per

44:47

hour a right that presumably

44:49

michael bryant had been fortunate

44:51

to be in position to pay that

44:54

in fact it had been more than

44:56

mate right deal that right

44:58

being free the

45:01

repay the also described the media

45:03

turning on michael bryant with

45:05

early speculation that he was seen

45:07

with an unidentified woman and

45:09

what was described as luxury

45:11

convertible something questions

45:14

about whether he'd been having an affair

45:17

the author of the peace described it as

45:19

the story of the year and

45:21

quote journalists who had once

45:23

eaten out of bryants hand turned

45:26

on him like pack of pit bulls

45:29

now it should be noted that this early

45:31

speculation actually dissipated

45:33

within hours

45:35

the day the only reference that

45:37

seems to remain is in an article

45:39

release the same night as darcy

45:41

alan shepherds death by ctv

45:44

news it reads quite

45:46

news cameras at the scene of the accident

45:49

captured the former politician in

45:51

the back seat as a police cruiser

45:54

a car registered to michael bryant

45:56

was also seen at the scene

45:58

of the crash a one

46:00

in red dress accompanied bryant

46:02

she attempted to block tv cameras

46:05

from filming at the scene she

46:07

is not facing any charges

46:09

in connection with the incident

46:13

in

46:13

any event as soon as the media

46:15

learn that the woman was in fact michael

46:17

brian's voice that story

46:20

was thwarted soon to be replaced

46:22

by a new narrative forming that would

46:24

ensure it was darcy alan

46:26

shepard who was demonize mclaren

46:30

toronto last article then guys

46:32

into a detailed backgrounds of michael's

46:35

history how he liked to point

46:37

out that he grew up in family

46:39

and which politicians were respected

46:41

public servants insisting

46:44

that government was not something to be sneered

46:46

at bought an agent for good

46:49

the author comments it quite it's

46:52

the kind statement he's known

46:54

for idealistic and

46:56

slightly superior the

46:59

article details is impressive education

47:02

is silver medal for the second highest

47:04

marks it osgood whole law school

47:06

how he was only one as twenty

47:08

seven students from the best law

47:11

schools and the country to be selected

47:13

to clerk at the supreme court

47:15

of canada and then how

47:17

he quite laid the groundwork

47:20

for career in politics the old

47:22

fashioned way by cultivating

47:24

relationships with people in power

47:28

michael bryant was described as someone

47:30

who built up a big sat rolodex

47:33

he was master of managing his public

47:35

image someone who actively

47:37

courted the press and wasn't afraid

47:40

of making controversial decisions

47:42

like banning pit bulls and destroying

47:45

cause that had been modified the street

47:47

racing he was described

47:49

as someone who liked to a p tough

47:51

on crime

47:53

the author wrote that michael bryant fall

47:55

from grace was a stunningly dramatic

47:58

as his ultimate vindication in

48:00

court

48:01

and apparently most to new him

48:03

believe that a political comeback

48:05

was on the cards quite

48:08

those close to him say he is a changed

48:10

man full of contrition humility

48:13

and lingering contempt for his cavalier

48:16

former self the

48:18

open ended the piece by stating

48:20

quite his resurrection

48:22

of already underway

48:25

brian appeared at business lunch

48:27

and at the royal york the week after

48:29

the charges were dropped the room

48:31

gave him a spontaneous standing

48:33

ovation

48:36

this toronto life article has

48:39

nearly seventy comments and

48:41

majority complaining that it was a one

48:43

sided peace others

48:45

ask questions like what would

48:47

you do is a mentally ill man

48:49

attacked you in your car and

48:51

quite for the people calling

48:53

him murderess shame on you this

48:56

guy's korea could have been destroyed

48:58

by a tiny encounter with someone

49:00

who shouldn't have been on the streets to begin

49:02

with the not a reader

49:05

who said they were saddened to learn the

49:07

outcome of case added

49:09

quite there is clearly no

49:11

doubt the cyclist shepard was

49:13

harassing and intimidating still

49:16

that is no defense for the actions

49:18

of driver bryant in killing

49:20

him shameful inside

49:22

his game of justice

49:38

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49:41

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49:45

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50:49

the months after the court proceeding

50:51

alan shepard tried to make sense of

50:53

what had happened and spoke with

50:55

to of the main investigating

50:57

officers from toronto police traffic

50:59

services detective constables

51:02

asa lane and less delilah they

51:05

told allen about the three eyewitnesses

51:07

in the collision reconstruction report

51:10

he mentioned that darcy alan shepard

51:12

had cold for witnesses after

51:14

the saab accelerated into him

51:16

and went to drive off the

51:19

three eyewitnesses when not mentioned

51:21

in the presentation and court that day

51:24

which caused allen to wonder

51:27

the special independent prosecutors presentation

51:30

was centered around the belief of michael

51:32

bryant and his was that

51:34

darcy alan shepard intended

51:36

to harm them that night the

51:38

or if this were the case why

51:41

would see call for witnesses

51:43

and further to this why did

51:45

a special independent prosecutor

51:47

state that deceit was the main

51:50

aggressive there were many

51:52

more questions and this and

51:54

allen knew that he had to continue

51:56

to go down the rabbit hole

52:00

the do a few more months he finally

52:02

got the transcript of the court proceeding

52:04

as you remember only the

52:06

eleven page executive summary

52:08

had been released to the media

52:10

that this was a full sixty eight

52:13

page transcript

52:15

alan had been in court that day

52:17

and had seen and heard the presentation

52:19

obviously but he was distraught

52:21

and emotional at the time

52:24

when reading the full transcript with

52:26

a clear ahead

52:27

it became evident that there were holes

52:30

and out right areas said he hadn't

52:32

noises one of the

52:34

most striking things allen remember

52:36

noticing was the partly richard pick

52:38

told the court court when

52:40

the vehicle stopped mr shepherd

52:43

fell off the hood and then stood

52:45

up within about two seconds

52:47

he clearly was not seriously

52:49

injured at that time the

52:52

special independent prosecutor was

52:54

not qualified medical professional

52:56

nor did he mention consulting with

52:58

one the why did it appear

53:00

that he was actively trying to minimize

53:03

what happened to darcy

53:07

alan shepard would write that he understood

53:09

and accepted that the crown prosecutor

53:12

does not represent the victims

53:14

all survivors of crime nor

53:16

does it speak for them the

53:18

role of the crown is to speak for

53:20

the community as a whole

53:23

function that is a matter of public

53:25

juicy that excludes any notion

53:27

of winning or losing the

53:30

probing question was how was

53:32

this strategy to minimize

53:34

what happened to darcy that not considered

53:37

to be and the public interest on

53:39

best thing for their community the

53:41

just didn't make any sense

53:46

allen had since been joined by others

53:49

including a large number of eagle

53:51

eyed members of the toronto bike

53:53

messenger community notable

53:56

members were cycling advocates a

53:58

jury hendry he manages bryant

54:00

watch blog and also

54:02

the light wayne scott who had

54:04

already one a significant court

54:06

battle against revenue canada his

54:09

arguments being the reason why today

54:12

by two koreas are entitled to

54:14

claim food as a few expense

54:16

on their tax returns they

54:19

all got together and sell that not only

54:22

was something amiss but something

54:24

seems significantly wrong with

54:26

how the case had played out and

54:28

it resulted in allen applying

54:30

to the freedom of information and protection

54:32

of privacy act to see if he

54:34

could get any more information related

54:37

to the case those

54:39

you are familiar with cases from the united

54:42

states would also be familiar with

54:44

freedom of information also

54:46

referred to as foyer that

54:48

in canada it works differently

54:50

because of that protection of privacy

54:53

part rather than applying

54:55

so the full file a person

54:57

in canada can apply for specific

54:59

pieces of information or documents

55:02

that protection of privacy requirement

55:04

needs to be satisfied for every

55:06

identifiable person or

55:08

entity they that's why

55:11

for example we don't have the

55:13

transcript or audio as michael

55:15

bryants nine one one call he

55:17

didn't give permission they were

55:20

other nine one one calls made as

55:22

well side stephen victoria's

55:25

the dice people didn't give permission

55:27

isa nor did any other

55:29

eye witnesses who gave statement the

55:31

ones that you've heard from steve

55:34

victoria a parking garage guy

55:36

and to construction workers a

55:39

commission the

55:40

rest were going through that collision

55:42

reconstruction report the

55:46

after the various freedom of information

55:48

and protection of privacy request

55:50

had been filed the weight

55:52

began during that wait

55:55

they were more developments as had

55:57

been reported that michael bryant was

55:59

rising the memoir you've

56:01

heard that memoir mentioned several

56:03

times throughout the series it's

56:05

cold twenty eight seconds a

56:07

true story of addiction tragedy

56:10

and hope the promotional

56:12

copy states that the book is about how

56:14

a night that began with a dinner to celebrate

56:17

his wedding anniversary the ended

56:19

in a jail cell sir michael bryant

56:21

the charges were eventually dropped

56:24

that nothing could undo what had happened

56:26

to shepherd or bryant

56:31

several media outlets supported the

56:33

launch of this book by publishing excerpts

56:35

of it michael bryants direct

56:37

version of what happened aversion

56:40

that came from him this time and not

56:42

special independent prosecutor

56:44

the version that contained even more

56:46

details about what happened that night

56:49

from his point of view he

56:51

worried about darcy life stating

56:53

that quite for most of his

56:55

troubled thirty three years darcy

56:58

shepherd had fought addiction to alcohol

57:00

and crack cocaine this

57:03

day his string as eight so

57:05

the days had some once again

57:07

to a dispiriting ends michael

57:10

bryant started his version of the

57:12

nine by stating quite this

57:15

particular night our wedding anniversary

57:17

was surely destined just like

57:19

everything else i searched to turn

57:21

out golden he added

57:23

quote the eggshell princes

57:26

of the marriage with destiny as

57:28

he went on to describe the tension

57:30

in the air that night he

57:33

talks about his first encounter

57:35

with darcy the encounter that

57:37

came before the altercation at

57:39

the mid block pedestrian crossing

57:42

the right then in something

57:44

of an athletic marvel despite

57:46

an alcohol level more than twice

57:48

the legal limit he did cigarettes

57:50

curb to curb along blue street

57:53

as drive as like myself hung

57:55

back refusing to take his

57:57

dare to pass him until

57:59

he finally forced a vehicle

58:01

over to the side of the road and

58:03

i drove on by again

58:07

no other motorists all passengers

58:09

came forward to report any such

58:12

disturbances like cyclist

58:14

forcing them off the right on same

58:16

stretch of road that was just minutes

58:18

before the incident that would cause

58:20

da sie den michael

58:23

brown states it

58:25

will darcy shepherd who moments

58:28

later drive within inches of

58:30

my driver's side door as

58:32

as saab was stopped a little farther

58:34

west on bloor street at an intersection

58:36

near avenue right it was

58:38

da sea shepherd who then pulled

58:40

directly in front of our car

58:43

and spawn his bike around to confront

58:45

ah nearing at me now

58:48

what you gonna do twenty eight

58:50

seconds began and

58:52

quite now

58:55

this statement that da cspan

58:58

his bike around to confront the sob

59:00

that they're completely contradictory

59:03

to both i witness statements and

59:05

the surveillance footage even

59:08

though the footage is grainy it

59:10

clearly shows darcy facing

59:12

forward the entire time his

59:14

back to the saab driven by michael

59:17

bryant which then surges forward

59:19

twice the second time

59:21

taking off out of the frame with darcy

59:24

on the hood no

59:26

point in gassy be seen doing

59:28

anything that could be considered flipping

59:30

his bike around to face the sob

59:32

if you came to reveal it there's

59:35

a link in the show nice to watch a thirty

59:37

second video that size what happens

59:40

and i've also included the full quite

59:42

from the book is well for comparison

59:46

moving on michael right that as

59:48

he waited at the like he felt

59:50

trapped describing darcy

59:52

as big drunk and raging

59:55

quite i wondered if had a weapon

59:57

on him he said because

1:00:00

susan his wife was in the car

1:00:02

he needed to get away but he'd

1:00:04

stole the car and as he kept trying

1:00:06

to restarted while keeping an eye

1:00:08

on darcy it stalled again

1:00:11

when it came to the second time the car stalled

1:00:14

and lurched forward the point at which

1:00:16

we know darcy was jostled and had

1:00:18

to pick up the bought and ross himself

1:00:20

again marco right that there was

1:00:22

still no contact with darcy

1:00:24

or his bicycle the

1:00:27

quite rolling man saw

1:00:29

this the car lurching and

1:00:31

he seemed to get more more agitated

1:00:33

he seemed to be howling at me

1:00:37

michael right that he gave up on keeping

1:00:40

an eye on darcy quite i

1:00:42

looked down at the pedals and the stick

1:00:44

shift and the ignition to see why the

1:00:46

saab wouldn't start as

1:00:48

my eyes darted backup i

1:00:51

saw that it finally was moving

1:00:53

forward for all of a second

1:00:55

i hit the brakes another seconds

1:00:58

now darcy shepard was draped

1:01:00

over the hood of the car he

1:01:04

then goes on to state that it was at low

1:01:07

speed brief and duration and

1:01:09

because does he was already so

1:01:11

close to car at left no

1:01:13

discernible injury then

1:01:16

quite now he was

1:01:18

furious his bike was caught

1:01:20

under the front bumper he screamed

1:01:23

at people on the sidewalk your

1:01:25

witness you're a witness now

1:01:28

this was the first time that darcy

1:01:30

coal for witnesses was mentioned

1:01:33

the that is strongly suggests

1:01:35

the motive was not to attack

1:01:37

michael that to stop him from leaving

1:01:40

yeah michael at least acknowledges

1:01:43

that darcy was furious but

1:01:45

there is much that can be read into the fact

1:01:47

that he also refers to him as

1:01:49

growing man screaming

1:01:51

at people on the sidewalk and

1:01:53

then and subsequent paragraph

1:01:56

he also called darcy a beast

1:01:59

that in reality he got the alan

1:02:01

shepard was not a raging hope

1:02:03

that came out of nowhere he

1:02:05

was a cyclist who had just been

1:02:07

hit from behind by a car it

1:02:10

was carried forward on the hood of that casa

1:02:12

to call length before landing

1:02:15

on the road and he soon saw

1:02:17

that his bike integrity to

1:02:19

how he earns his living was

1:02:21

crumpled under the bumper it's

1:02:24

difficult to comprehend situation

1:02:26

in which a person and this position

1:02:28

wouldn't have been furious

1:02:30

this way as saw the drivers

1:02:32

the car might have been trying to

1:02:34

leave which of course he was

1:02:39

michael right that darcy backpack

1:02:41

contained a heavy by clock

1:02:43

which is new detail and

1:02:45

apparently he hurled at at the car

1:02:47

and it went sailing or is a michael's

1:02:49

heads he states that

1:02:51

as he tried to drive around darcy

1:02:54

the main got up and chase them

1:02:56

leaping at the sob michael

1:02:59

describe darcy as an enraged

1:03:01

man a stunning in with superhuman

1:03:03

strength the right

1:03:05

at the cost suddenly swerved sharply

1:03:08

to the last almost forty five

1:03:10

degrees and while he had no

1:03:12

recollection how it happened he

1:03:14

wrote that darcy must have grabbed

1:03:16

the wheel quite in wrestling

1:03:19

sick control the car we crossed

1:03:21

to the south side of the street

1:03:25

michael bryant wrote that he realized

1:03:27

his attempt to escape had failed

1:03:29

so he slammed on the brakes but

1:03:32

he know said that the stop was a sudden

1:03:34

and know

1:03:37

the nevertheless there was a

1:03:39

fair bit of talk i could see

1:03:41

him bending forward and hanging on

1:03:43

the side mirror cracking under the

1:03:45

pressure i remember thinking

1:03:47

how strong he seemed to withstand

1:03:50

that toll then he

1:03:52

said to me with crooked grin they're

1:03:54

not getting away that easy

1:04:00

then describes pushing dossier

1:04:02

off the car door and him

1:04:04

pushing back site then

1:04:06

he started climbing in the car

1:04:08

susan grew louder and more frantic

1:04:11

michael says he'd stopped and started

1:04:14

the car a few times and it felt

1:04:16

like the twilight zone

1:04:18

i couldn't hold my two hands off

1:04:21

the we'll even third wanted to

1:04:23

i was struggling with darcy shepherd

1:04:25

for control of the vehicle then

1:04:29

he was gone right

1:04:31

all of sudden he just wasn't day

1:04:34

i didn't see him fall i heard

1:04:36

sound maybe a groin

1:04:39

michael bryant described feeling relief

1:04:42

but then he didn't know what he should

1:04:44

do quite should i stop

1:04:47

right now i shouldn't leave the scene

1:04:49

of an accident but i wanted to get away

1:04:51

from this guy is he coming

1:04:53

i was not going to stop the car

1:04:55

and let him come at us again after

1:04:58

finally getting along there was

1:05:00

no one to help a one the get

1:05:02

some way size he

1:05:04

then write about the nine one one call

1:05:06

he made when he arrived just around

1:05:08

corner at the park hyatt hotel

1:05:11

he wanted police protective quickly

1:05:14

fight to protect susan a me

1:05:17

i said we'd been attacked by a man

1:05:19

on a bicycle on bloor street a

1:05:21

transcript was made of this of

1:05:23

course the and quite

1:05:27

the worry that when the police arrived

1:05:29

he assumed they would they to rescue them

1:05:32

when the constable got out of the cruiser

1:05:35

he realize that something was wrong

1:05:37

michael bryant described being

1:05:39

manhandled pushed and parts

1:05:42

by the constable who told him

1:05:44

that he was in lot of trouble mobile

1:05:47

right that it wasn't registering coat

1:05:50

why was i in trouble i

1:05:52

felt like we just had to get that have

1:05:54

you been drinking pot over with and

1:05:56

then reason would prevail and

1:05:58

he would give me an update i was

1:06:00

imagining that darcy shepard was

1:06:02

in handcuffs right now he

1:06:05

described been flabbergasted when

1:06:07

it's good i put him in handcuffs

1:06:12

when book twenty eight seconds was

1:06:14

released michael brian embarked

1:06:16

on media tour to promote it jennifer

1:06:19

wells wrote an article for the toronto

1:06:21

star reporting that this

1:06:23

was michael bryant first time

1:06:25

speaking with a journalists since darcy

1:06:28

death

1:06:29

as you recall she was also the

1:06:31

one he spoke to in the months before

1:06:34

diocese death when he said

1:06:36

that road rage was back in his life

1:06:40

this article she right

1:06:42

that he could have let the story rest

1:06:44

sorry she asked him why did he

1:06:46

write the book and his response

1:06:48

was quite it's an offering

1:06:51

that's what it is he added

1:06:53

qualify that it was an offering

1:06:55

to other high functioning alcoholics

1:06:57

deluded into thinking they have nothing

1:07:00

in common with the drunk on street

1:07:03

this was the first time that michael

1:07:05

bryant had consumed he was an alcoholic

1:07:08

parent he had given up drinking several

1:07:11

years before diocese death in

1:07:14

this book he said he saw many

1:07:16

darcy allen shepherds and the twelve

1:07:18

step recovery frames he attends

1:07:21

white a lot of tattoos

1:07:23

and horse voices and close cropped

1:07:25

hair and scars burns

1:07:27

out of joint and that look of

1:07:29

indescribable playing my face

1:07:33

he said that when he first saw a darcy

1:07:36

throwing garbage quite i

1:07:38

knew he was an alcohol addict the

1:07:40

first second i saw him the

1:07:43

again recounted his version

1:07:45

of the details of that evening

1:07:48

when it came to the part where the car accelerated

1:07:51

into darcy genesis wells

1:07:53

wrote that he made slapping sound

1:07:55

with his hands

1:07:59

the they're into the the ctv news

1:08:02

he told the mess agree cari that many

1:08:04

had begged him not to write the book

1:08:07

for fear that he would reignite debate

1:08:09

as da sees death the

1:08:11

into that he said quite the

1:08:13

be accused of killing someone is

1:08:15

awful but on the other hand

1:08:17

that's not a good reason not to do

1:08:20

a book because might subject myself

1:08:22

to criticism i wanted

1:08:24

to try and share my experiences

1:08:26

and hope around recovering from

1:08:28

that crucible then

1:08:31

the media to continued the

1:08:33

morning shows lisa from i asked

1:08:35

him why he hasn't reached out to

1:08:37

alan shepard darcy father

1:08:39

and he replied quite i

1:08:42

don't know why i haven't been able

1:08:44

to figure out what i might say or do

1:08:47

that might provide him with comfort because

1:08:49

i don't want to cause him any more discomfort

1:08:52

i'm terribly sorry for what happened

1:08:54

his son the time will come

1:08:56

and an opportunity will com where i

1:08:58

will be able to say something when

1:09:01

he was told that alan shepard had said

1:09:04

that it's too little too late michael

1:09:06

said i understand that

1:09:08

and i have to respect that the

1:09:12

also responded to questions that the

1:09:14

book with strategic and signaled

1:09:16

a possible return to politics

1:09:19

he replied that this was in why he

1:09:21

wrote the book and insisted

1:09:23

that it's not a prelude to return

1:09:26

to politics white

1:09:28

i tried to be as honest as i possibly

1:09:31

could and new deal with things in it that

1:09:33

might actually mean that would never be

1:09:35

career in politics in future

1:09:37

i haven't had plans to do that in

1:09:39

quite a while in

1:09:42

his memoir michael bryant also

1:09:45

criticizes the toronto police

1:09:47

for rushing to judgment on his

1:09:49

guilt the right it

1:09:51

is not unusual for toronto

1:09:53

police services to wait weeks

1:09:55

or even months before deciding

1:09:58

how they will proceed with such charge in

1:10:00

my case the police couldn't wait and

1:10:02

news cycle i got the opposite

1:10:05

special treatment

1:10:07

the also accused police of failing

1:10:09

to follow up with the other motorists

1:10:11

who came forward to report incidents

1:10:13

with an angry cyclist that

1:10:15

they believed was darcy alan shepard

1:10:18

these

1:10:18

incidents referred to as skype the

1:10:20

lady evidence in

1:10:22

an article for globe and mail perfect

1:10:25

kelly grant quoted toronto police

1:10:27

spokesperson at mach two dash

1:10:30

who deny that they failed to return

1:10:32

calls from potential witnesses and

1:10:34

added that the force has never received

1:10:36

a complaint with formal or informal

1:10:39

about how michael bryant was treated

1:10:42

right we've heard nothing from

1:10:44

them period the fact that we

1:10:47

hearing about it now in a book

1:10:49

i think in titles canadians to be

1:10:51

very skeptical about why it's

1:10:53

coming out now the

1:10:55

article states that michael declined

1:10:58

to respond specifically to these comments

1:11:01

this globe and mail article also

1:11:03

described how michael bryants legal

1:11:06

defense cost hundreds of thousands

1:11:08

of dollars a bill that he expected

1:11:10

to continue paying off and

1:11:13

while he didn't expect sales of

1:11:15

his book to add much of a den two that

1:11:17

he said that if there were any proceeds

1:11:20

he planned to donate it to the pine

1:11:22

rivet institute and addiction

1:11:24

treatment center for adolescent the

1:11:27

article points out that despite

1:11:29

michael bryants resulting financial

1:11:31

worries he details on book

1:11:34

how he tried to help darcy alan

1:11:36

shepard to eldest children the

1:11:38

ones who were in foster care to

1:11:40

gain visitation with their mother he

1:11:43

said he arranged a high profile family

1:11:45

lawyer to work pro bono on

1:11:47

the case which at the time had

1:11:49

yet to be resolved he

1:11:51

also stated that he paid the sends

1:11:53

out of pocket costs himself

1:11:58

as mentioned in an earlier episodes

1:12:00

the see me

1:12:01

marco bryant wrote about the fact that

1:12:03

his legal strategy was developed

1:12:05

in the days and weeks after darcy

1:12:08

alan shepard death and going

1:12:10

to trial was the last thing he

1:12:12

and his legal team wanted

1:12:14

they designed strategy to achieve

1:12:16

that result and as we know

1:12:18

it worked but if another

1:12:21

special independent prosecutor had

1:12:23

have been appointed and the case of

1:12:25

did go to trial what might

1:12:27

have happened the many

1:12:29

details and michael version of

1:12:31

events was not consistent with the findings

1:12:34

of the collision reconstruction experts

1:12:36

nor was it supported by nineteen

1:12:39

of those i witness statements the

1:12:41

only way that his full version

1:12:43

of events could have been entered into evidence

1:12:46

is if michael bryant testified

1:12:48

in court in his own defense

1:12:51

and if it did go to trial it's

1:12:53

likely that some or all of

1:12:55

the eyewitnesses would have provided

1:12:57

sworn testimony as well

1:13:00

like victoria and steve

1:13:02

the parking garage guy and the construction

1:13:04

workers on cross

1:13:06

examination michael bryant would

1:13:09

have had to explain why his account

1:13:11

of the night with so different

1:13:14

we'll obviously never know how this

1:13:16

would have gone that perhaps aclu

1:13:18

can be found in one of the interviews

1:13:20

he gave in promoting his book

1:13:23

one of the main features

1:13:25

of michael's media tour was

1:13:27

an almost hour long cbc

1:13:29

interview with high profile canadian

1:13:32

business journalist amanda lang

1:13:35

since michael had been high profile

1:13:37

figure himself the former

1:13:39

attorney general of ontario he

1:13:41

was used to media appearances

1:13:44

and going on t v shows and

1:13:46

it showed in his confidence and speaking

1:13:48

and the way he deported himself

1:13:51

but this c b c interview shows

1:13:54

different michael bryant you've

1:13:56

clearly very uncomfortable most

1:13:58

of the time

1:14:00

these are to recount his version

1:14:02

of events their billie in detail

1:14:05

you can find a link to watch it in starry

1:14:07

night

1:14:09

during the interview amanda lang mention

1:14:11

that she'd known michael bryant a long

1:14:13

time which prompted accusations

1:14:16

of conflict of interest as it

1:14:18

related to her ability to be impartial

1:14:21

when interviewing him in her role

1:14:23

as a journalist the

1:14:25

cdc ombudsman would conclude

1:14:27

that while she should have disclosed their relationship

1:14:30

earlier in the interview it

1:14:32

was still say the line of

1:14:34

questioning was determined to be professional

1:14:36

and have a high standard and was

1:14:38

not a breach of c b c journalistic

1:14:41

standards and practices now

1:14:44

the insidious are sadly be compared to

1:14:46

what would have been cross examination

1:14:49

there were a few hard hitting questions

1:14:51

during his way when

1:14:53

he mentioned that dossier oh and shepherd

1:14:56

took a swing at him as he rode past

1:14:59

amanda assed took a swing at you

1:15:01

won't the would smoke

1:15:03

or essentially he didn't know

1:15:06

i'm not question she asked was quite

1:15:08

there's a moment that you detail in the

1:15:10

book where the car turned the wheel

1:15:13

turned in the book you say you don't

1:15:15

know who turned it whether it was darcy

1:15:17

or years michael

1:15:19

replied that it was one of two things

1:15:22

either he turned it for reasons that

1:15:24

he can't figure out what

1:15:26

does he grabbed the wheel and turned it

1:15:28

he fumbled with his words bit before

1:15:31

adding quite

1:15:32

if i could have distinctly remember

1:15:34

him grabbing the wheel i would have said sorry

1:15:37

but i didn't want to make it out though

1:15:39

i just assumed that he'd grab the

1:15:41

wheel and turned it amanda

1:15:44

arsonist knowing where the he turned

1:15:46

wheel or not would have made any difference

1:15:48

to him michael struggled

1:15:50

to answer for bit that landed on

1:15:53

know saying that part of

1:15:55

it wasn't definitive and quite

1:15:57

the definitive plots and me a

1:15:59

when he no the moment where

1:16:01

i try and get away and he jumps

1:16:03

on the car then

1:16:05

he just continues talking going

1:16:08

deeper and deeper into the details

1:16:10

without being prompted by any questions

1:16:13

the b c doesn't typically give permission

1:16:16

to use clips so i'll just

1:16:18

read out the bit the transcript

1:16:21

right them and then at the

1:16:23

end but don't remember what happened

1:16:25

at the end not that i don't remember i don't

1:16:27

know what happened i mean i now know what

1:16:29

happened but i was just trying to control the

1:16:31

car he

1:16:34

added quite now

1:16:36

i i also found out he'd had

1:16:38

by his own account about ten

1:16:40

concussions in the past and

1:16:42

i don't know if that had an impact

1:16:44

on him dying from aids

1:16:48

michael continue talking for a bit

1:16:50

longer but i wanted to point out

1:16:52

that out of the blue he just brought

1:16:54

up the fact that darcy apparently

1:16:56

said he had ten concussion and

1:16:59

then suggested it may have been a factor

1:17:01

in his death something else

1:17:03

at play other than that collision

1:17:05

with the sob amanda

1:17:08

also asked him what he could have done

1:17:10

differently and whether it was necessary

1:17:13

to high a navigator the psn

1:17:16

responsible said he didn't hire anyone

1:17:19

his friend jamie said he to help and

1:17:21

medicine the invoice

1:17:23

jamie is of course jamie what

1:17:25

the fans executive chairman

1:17:29

happy and she asked him because

1:17:31

you feel a level of kinship with darcy

1:17:34

alan shepard that you're talking publicly

1:17:36

for the first time about being a recovered

1:17:38

alcoholic then he

1:17:40

responded yet but added

1:17:43

that he didn't want to overstate it

1:17:45

quite like you know we

1:17:47

might have been in the same rooms of recovery

1:17:50

at the same time he

1:17:53

said that when he was sobering up it helps

1:17:55

him to hear the stories of others

1:17:57

and he saw his book as an opportunity

1:17:59

to give back with his experience

1:18:01

as well as some hard that

1:18:05

was the longest as michael bryants

1:18:07

interviews but he was also invited

1:18:10

to share his side of the story on several

1:18:12

other stars including the agenda

1:18:14

with steve taken this

1:18:17

was a sorry he had appeared on often

1:18:19

when he was attorney general the

1:18:21

to clearly had warm said no yeah

1:18:23

pretty one of the first

1:18:25

question steve taken ass was

1:18:28

i've known you since nineteen ninety

1:18:30

nine when you got into public life

1:18:33

i had not one clue that you're

1:18:35

an alcoholic was a typical

1:18:37

in that respect michael

1:18:39

nodded and said only those close

1:18:41

to him could see the signs steve

1:18:44

then commented on how the book detailed

1:18:46

that michael would be frequently hello over

1:18:49

ending up in the gutter as the cliche

1:18:51

guys and he still managed to

1:18:53

do his job as attorney general

1:18:55

how did he do that michael

1:18:58

replied that he was a high functioning

1:19:00

alcoholic and when he denied

1:19:02

it to his doctor his doctor

1:19:04

replied that winston churchill save

1:19:07

the western world while drinking a

1:19:09

lot every day and night when

1:19:12

asked michael said he was never drunk

1:19:14

on the job though he just drank at

1:19:16

night because he wasn't able to turn

1:19:18

his brain off at the end of the day without

1:19:20

it steve

1:19:22

pay can ask why he stopped appearing

1:19:25

on the show michael said that it

1:19:27

cut into his off to work drinking

1:19:29

time so he started saying no

1:19:32

this led to steve making a joke

1:19:34

about how the producers of the sorry did

1:19:36

wonder why they weren't able to book him

1:19:38

at that time after

1:19:41

this interview darcy alan shepard

1:19:43

supporters started lobbying that produces

1:19:46

of the sorry to hear the other side

1:19:48

of the story which resulted in

1:19:50

alan shepard being invited to appear

1:19:52

on the sorry six weeks later though

1:19:55

that with two thousand twelve

1:19:59

the following

1:20:00

the alan shepard received

1:20:02

full collision reconstruction report

1:20:05

if you read it in detail taking

1:20:07

it all when he started to realize

1:20:09

that what was in the report was vastly

1:20:11

different to what had been presented in court

1:20:13

that day that michael bryant was

1:20:15

just reacting to da sees aggressive

1:20:18

behavior his attack when

1:20:21

saw that several eyewitnesses painted

1:20:23

brian's behavior in harsh

1:20:25

light yet none of that information

1:20:28

had been presented in court when

1:20:30

alan got to the end of rub what

1:20:33

the conclusion he stopped in his

1:20:35

track it read

1:20:37

for it mr brilliant

1:20:39

and mr shepherd said responsibility

1:20:42

in the death of the ship it then

1:20:45

several sentences down at states

1:20:48

there was no physical evidence or

1:20:50

independent witness statements suggesting

1:20:52

mr shepherd affected the steering

1:20:54

of the saab or anything to

1:20:56

suggest he physically attacked mister

1:20:58

bryant alan

1:21:01

shepard had stated many times

1:21:03

sake given the circumstances and

1:21:05

his sons background he knew

1:21:07

that getting a conviction would have been difficult

1:21:10

in fact he did expect the charges

1:21:13

to be dropped that

1:21:14

he would write that he was amazed

1:21:16

shocked might be that a word at

1:21:19

the degree to which some of the new material

1:21:21

challenges the version of events given

1:21:23

and court that day at special

1:21:26

independent prosecutor richard paying

1:21:29

the

1:21:31

we reject mr picks explanation

1:21:33

of his decision

1:21:35

information obtained through a freedom of

1:21:37

information access does not

1:21:39

and cannot support the exoneration

1:21:41

implicitly given to mr bro

1:21:44

by me to pick

1:21:45

the documents say that my son

1:21:47

and mister bryant would both responsible

1:21:50

for what happens

1:22:00

and that's where we'll leave that support five

1:22:03

in , six the final episode

1:22:05

will explore what happened with those documents

1:22:08

were michael bryant is now and

1:22:10

more thanks again for your patience

1:22:13

with the series special

1:22:15

thanks also to eileen mcfarland

1:22:17

from crime labs podcast for order

1:22:20

editing on this episode this could

1:22:22

not have done it without her

1:22:24

thanks also to holy gray for research

1:22:26

and production assistants and alan

1:22:29

shepard to set up the darcy alan

1:22:31

shepard falls blog as well as cycling

1:22:33

advocate jar hendry who manages

1:22:35

the bryant watch blog for

1:22:37

a link to these blogs and to view the full

1:22:39

list of sources and resources

1:22:41

use this episode and anything else

1:22:43

you might once in i see the showing

1:22:45

arts or visit the page for this episode

1:22:48

at canadian true crime dot cia

1:22:51

the forest of true voice the disclaimer

1:22:53

and we talk of dreams composer

1:22:55

seen souls i'll be back in

1:22:57

back week with pot six the