The B.C. Court of Appeal has rejected Ruby Ann Rufollo's request for a new trial for the murder of her husband in 2003. She is serving a life sentence for first degree murder.

New trial denied for Ruby Ann Ruffolo

Ruby Ann Ruffolo has been denied a new trial and stands convicted of first-degree murder in the death of her husband

Ruby Ann Ruffolo has been denied a new trial and stands convicted of first-degree murder in the death of her husband nine years ago in Saanich.

Today in a written ruling, Court of Appeal for B.C. dismissed Ruffolo’s main argument that her second lawyer on her second trial was “ineffective” because he failed to question her daughter Jovanna Ruffolo on the daughter’s whereabouts on the night John Ruffolo was killed.

The appeal court dismissed an affidavit from Jovanna sworn in March this year that suggested she was at home the night of the murder and that she didn’t hear or see anything out of the ordinary.

On Nov. 18, 2010, Ruffolo was convicted of killing her husband John Ruffolo by giving him a protein shake laced with the drug amtripyline followed by a lethal dose of heroin on Oct. 19, 2003, at their Tulip Avenue home. A few days later his body was found in a ditch on Humpback Road in Langford.

Justice Lance Finch, who wrote the ruling, doubted Jovanna’s recollection of events were better now than in 2004 at age 13 or 14, when she told police she wasn’t sure if she was home the night of Oct. 19, 2003.

Ruffolo also argued that her lawyer Greg DelBigio failed to cross examine Jovanna on the daughter’s whereabouts the night of the murder, going against Rufollo’s wishes at her second trial. The justice noted that Ruffolo didn’t raise this issue until March this year, and had ample chances to do so during her trial.

Justice Finch also pointed out Rufollo’s suggestion her daughter was home contradicted her earlier rather detailed notes that Jovanna had spent the night at a friend’s house. Ruffolo’s attempt to “explain this evidence away” is “not capable of belief,” the justice wrote.

Other complaints by Ruffolo, such as her first lawyer giving ineffective assistance, or that her trial was unfair due to a procedural issue, were equally dismissed as baseless.

Ruffolo is serving a life sentence without a chance for parole for 25 years.

See the full court ruling here.

editor@saanichnews.com

Just Posted

Saanich Mayor says ‘no costs asked of municipality’ for proposed film studio

Mayor Fred Haynes made that comment after questions from watchdog group

RCMP confirm foul play in death of 60-year-old Metchosin man

Police believe crime an isolated incident

Researchers head out from Sidney to explore Canada’s largest underwater volcano

The Explorer Seamount is as large as Greater Vancouver and full of previously undiscovered species

Police seek witnesses after man assaulted at Central Saanich bus stop

Man found Saturday on Keating X Road remains in serious condition at Victoria General Hospital

RCMP identify Sidney bank robbery suspect, believe he is still on Vancouver Island

Warrant issued for arrest of North Vancouver man for TD Bank robbery

VIDEO: Dashcam video captures moment Victoria cyclist struck

Police seeking cyclist captured in video

B.C. man dies from rabies after contact with Vancouver Island bat

Last known case of human rabies in B.C. was 16 years ago

Crown recommends up to two-year jail term for former Bountiful leader

Crown says sentence range should be 18 months to two years for Bountiful child removal case

VIDEO: Wolf spotted swimming ashore on northern Vancouver Island

Island wolf population estimated at under 150 in 2008, says VI-Wilds

Diversity a Canadian strength, Trudeau says of Trump tweets at congresswomen

Trudeau avoided using Trump’s name when he was asked about the president’s Twitter comments

Garneau ‘disappointed’ in airlines’ move against new passenger bill of rights

New rules codified compensation for lost luggage, overbooked flights

Canadian is detained in China on drug allegations: Chinese government

Detention of a Canadian in China comes as part a diplomatic dispute triggered by arrest of Huawei exec Meng Wanzhou

Rare white ravens spotted again in mid-Island

Nature photographer Mike Yip said mysterious birds back in Coombs area

Most Read