Dooley Appeals
By Sam Pazzano
Originally published by Sun Media, May 25, 2002
TORONTO — Randal Dooley's "callous, coward" father is appealing his conviction for murdering his seven-year-old son in one of Canada's worst cases of child abuse.
Tony Dooley filed an inmate appeal of his second-degree murder conviction at Ontario's highest court yesterday. Prominent lawyer Clay Ruby is handling the appeal.
"Trial judge (Eugene Ewaschuk) erred on (explaining to the jury) intent necessary for second-degree murder and the verdict was unreasonable," wrote Dooley, 36, who was sentenced to serve at least 13 years before being eligible for parole.
Marcia Dooley, the stepmother whom Ewaschuk found murdered "poor, pitiful" Randal, also plans to appeal. She has hired lawyer Marie Henein, a partner to Eddie Greenspan, although no appeal has yet been filed.
Marcia, who was sentenced three weeks ago yesterday to life imprisonment with no chance of parole for 18 years, has until Friday to file.
Marcia, 32, will be back in Superior court Monday facing allegations she ripped off welfare for more than $5,000.
In sentencing the Dooleys for their respective roles in the "heinous, horrific" murder of Randal in September 1998, Ewaschuk said, "Tony Dooley knew his wife was constantly battering Randal and he chose to be the coward and to ignore his son's plight as her whipping boy for her violent frustrations."
Randal had 13 rib fractures, cracked vertebrae, a lacerated liver, a crushed adrenal gland and four separate brain injuries, the jury heard during an emotional three-month trial.
Ewaschuk declared that Marcia—"the vengeful, cruel stepmother"—was Randal's murderer and that she inflicted most of the attacks, starting in early January 1998, and culminating in the shaking-striking incident that caused the fatal brain injury on Sept. 24, 1998.
His 3-foot-10-inch body was covered with "hundreds" of bruises, cuts and welts and only his scalp, the palms of his hands and soles of his feet were spared from the vicious beatings, Ewaschuk said.
