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There was nothing more devastating for a defense attorney than to see Judge Harry Momotiuk put down his pen.
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Momotiuk, a dedicated family man and retired Windsor judge, died this week at age 87.
“During the course of the trials, that pen was incredibly revealing about how his case was going,” said defense attorney Dan Scott.
“If you kept writing during the course of the trial, you knew you had a realistic chance of being acquitted. Likewise, if you left it while your client was under cross-examination, you knew you were going to fall. “
Momotiuk died Saturday after falling asleep while listening to a Toronto Blue Jays game.
He retired in August 2009 after serving as a provincial court judge for 33 years, but is still respected in the legal community for his fairness and courtesy.
“I was just thinking about him,” defense attorney Patrick Ducharme said. “Honest, direct, good listener. Very respectful to everyone in the courtroom. Very interested in doing the right thing. “
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“It just had a very human, very realistic feel to it. I never saw him lose his temper, be tough on anyone. “
He leaves behind three grown children along with three grandchildren, whom he loved to take to the bookstore.
His wife, Irene Momotiuk, died eight months ago. They met at a banquet for Ukrainian graduates in 1968. The couple married soon after and remained inseparable for 53 years.
“I can tell you that I had never seen them in public where they weren’t together,” Scott said. “Even when his wife suffered from Alzheimer’s, he still took her to a restaurant. It was clear that his family was the most important thing to him. “
Born on August 20, 1934, Momotiuk grew up on Drouillard Road. As a child, he shined shoes to earn money for his family.
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“I’m a graduate of the U of D – Drouillard University,” Momotiuk told the Star in 2009.
After graduating from Assumption College School, he went to the University of Detroit at night while working for Chrysler.
After being encouraged to try law school, he earned his degree from the University of Ottawa in 1964 and was called up to the bar in 1966. Momotiuk was appointed a judge in 1976.
“When you appeared before him, you knew you were getting a fair deal,” Scott said. “He had the expectation that people would be treated with respect in his court. He was a defender of civility and was very knowledgeable about the law and knew how to apply it well. “
But for those who came forward, he was much more than a dispenser of justice.
“Harry is the guy you can talk to at any time,” Ducharme said. “Whenever you went to the cameras and you had to discuss a case, he wanted to know what was happening with your family, how things were going. I’m really very interested in people. “
Reference-windsorstar.com