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Bandidos Murder Trial _ News Headlines & Trial Tweets
Bandidos Murder Trial _ News Headlines
Once again I have to send out a big "Thank You" to JANE SIMS of the LONDON FREE PRESS for reporting to us these stories.....
In Memory Of "The Shedden Eight".....
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Bandidos Murder Trial _ News Headlines
Bandidos trial begin
Tue, March 31, 2009
By JANE SIMS, LONDON FREE PRESS
Picking Bandido jury 'enormous' task.
Jury process gets underway in Bandido trial.
Jury selection begins in bikers' murder trial.
With a clear, loud voice, and standing ramrod straight, Wayne Kellestine proclaimed he wasn't guilty of first-degree murder.
"Not guilty, Your Honor," he said forcefully from his booth in the long prisoner's box.
Kellestine and the other men on trial for eight counts of first-degree murder stood for 10 minutes while the court registrar read off the charges before the court.
Each one said not guilty. One of them, Marcelo Aravena, wiped away tears.
And with last chrge read in the record, the six men and six women on the jury are in charge of hearing what is beleived to be the biggest murder trial in London in modern history.
The final juror was picked at 10:30 a.m., more than a month after the first set of potential jurors were summoned to the courtroom.
Two thousand juror notices were sent out to fill the twelve seat
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Biker slaying trial begins for 3 Winnipeg men
By Jane Sims, SUN MEDIA
Last Updated: 31st March 2009, 7:12pm
LONDON, Ont. — Their photos were mounted on a poster board in the courtroom near the jury that would hear how they died.
All of them had Bandido biker connections. All of them had nicknames: Chopper, Boxer, Crash, Pony, Big Paulie, Bam Bam, Little Mikey and Goldberg.
Each died from gunshots and their bodies left in vehicles along a quiet Elgin County Road. All of them were part of the Toronto chapter of the Bandidos motorcycle gang, also known as the No Surrender Crew.
They were ensnared in a longtime biker feud inside their organization that pitted brother against brother, to the death.
“Eight men were shot dead one by one,” said Elgin County Crown Attorney Kevin Gowdey during the opening statement of the long-anticipated trial of six men charged with eight counts of first-degree murder.
“Good or bad, nice guys or not, they didn’t deserve that,” Gowdey said.
Yesterday, the first public glimpse at what happened April 8, 2006 was told in the hushed court in Gowdey’s two-hour statement of what the Crown hopes to prove before the six-man, six-woman jury.
The Crown contends the men died because of a clash between Toronto bikers in conflict with their organization’s international headquarters and Winnipeg bikers who wanted their own chapter.
Along with details of the feud, the jury learned it will hear from a police informant, known as M.H., who will testify to being at Wayne Kellestine’s Dutton-Dunwich farm, southwest of London, when the eight men were shot to death, and about the problems inside the Canadian Bandido fraternity.
Earlier yesterday, shortly after the 12th juror was chosen after a weeks-long selection process, the six accused — Kellestine, 59, and Frank Mather, 35, of Dutton-Dunwich; Brett Gardiner, 24, of no fixed address; and Michael Sandham, 39, Marcelo Aravena, 32, and Dwight Mushey, 41, all of Winnipeg — stood and pleaded not guilty to eight counts of first-degree murder.
It took 10 minutes to read all the charges and hear the pleas.
Gowdey outlined a case that sounded like a pulp fiction novel, starting with the grisly discovery of the bodies along the rural road.
Mary and Russell Steele, who live on the Stafford Line not far from Shedden, were alerted by a friend that quiet Saturday morning that there were vehicles on their property that didn’t belong there.
The Steeles went to look, Gowdey said, and saw a car on the road and a tow truck with a silver car attached to it.
A fourth vehicle was in a nearby field.
The Steeles didn’t look inside the vehicles and called police.
An Elgin County OPP officer look in the car in the field and saw a large man with blood on his face. He wasn’t breathing.
The officer opened the hatch. A man was lying on his right side. bleeding from the head — dead.
A third dead man was in the back seat. All of them had their heads covered.
Five more men would be found in the vehicles. Two were in the silver car, another in its trunk wrapped in a carpet.
Another man was dead in the tow truck.
The eighth man was in the back seat of the second car.
“Murder was obvious from the beginning,” Gowdey said.
The OPP began to descend on Shedden, but “it didn’t take long to find out that (the case) wasn’t about Shedden at all,” Gowdey said.
A bonfire had been spotted at Kellestine’s farm, 14 kilometres away, and police started to make a connection.
Police would find out later that Mather, Gardiner and Kellestine were at the farm.
As the bodies were discovered, a red SUV was driving down the Highway 401 on its way back to Winnipeg, carrying Sandham, Mushey, Aravena and M.H.
At the heart of the case, Gowdey said, was a feud between the Toronto Bandidos, and the group’s international headquarters in Texas.
Winnipeg had a fledgling chapter that wanted to become a full chapter. It was under the control of Toronto, and there were conflicts between them because Toronto claimed Winnipeg was not paying its dues and Toronto didn’t support full chapter status.
All of the dead men and Kellestine belonged to the Toronto chapter, Gowdey said, and Kellestine was the only one supporting Winnipeg.
Toronto’s feud with the international stemmed from Toronto’s lack of communication and not sending payments. By 2006, the world headquarters wanted its patches — a biker symbol of belonging and power — back.
Any problem for Toronto was a problem for Winnipeg.
“It was a time of crisis,” Gowdey said. “If Toronto was done, Winnipeg was done too.”
Sandham set up a meeting with members of the world headquarters at the Peace Arch Park in White Rock, B.C., along the Canada-U.S. border.
He and Kellestine went to the March 2006 meeting.
At the end, Kellestine was national president of the Bandidos. But he had orders to pull the patches of the Toronto chapter — something “that would not be surrendered willingly,” Gowdey said.
Some of the problems are spelled out in a series of e-mails uncovered by police and wiretaps they made of phone conversations .
In one wiretap, Gowdey said, Kellestine tells Cameron Acorn, a Bandido in jail at the time, that there were “big changes coming” and that the international group was “super, super, super f---ing choked.”
Later, at the farm, he would tell the others “if one person had to be killed, all would be killed.”
The shooting victims — George Jessome, 52, of Toronto; George Kriarakis, 28, of Toronto; John Muscedere, 48, of Chatham; Luis Manny Raposo, 41, of Toronto; Frank Salerno, 43, of Etobicoke; Paul Sinopoli, 30, of Sutton; Jamie Flanz, 37, of Keswick; and Michael Trotta, 31, of Mississauga — were all connected to the Bandidos motorcycle club.
Gowdey noted all of them stayed -- no one tried to leave.
The informant, M.H., Gowdey said, will testify that he saw lots of guns.
Then on April 7, 2006, the men donned gloves, changed the Manitoba licence plates on the SUV, and waited for the Toronto chapter Bandidos members to arrive.
The invitations to the Kellestine farm, Gowdey said, were picked up in wiretaps made by Durham Regional police who were investigating the death of Shawn Douse, a Keswick drug dealer who died in a 2005 beating.
The cellphone recordings have Kellestine asking the men to come to the farm. Some resisted, but were told the meeting was "really important," Gowdey said.
There also are wiretaps with Kellestine's voice in the background, he said.
The men arrived at the farm. Kellestine, Gardiner and Aravena were in the house.
Sandham, an ex-police officer and soldier, had two loaded guns and was wearing a bullet-proof vest. He was hidden in the loft of the barn overlooking an open area on the farm.
M.H. and Mushey were concealed behind the barn and unable to see what would unfold inside.
Two by two, the victims were led to the barn, Gowdey said.
Then, M.H. is expected to testify, there was a confrontation and he heard shots.
He and Mushey ran inside and heard Kellestine yell, "everyone on the floor, no one move."
Kellestine had a gun in his hand. Luis (Chopper) Raposo was lying on the floor, bleeding from the neck. A sawed-off shotgun was close to him.
The rest were on the floor.
Two others had been wounded when they'd tried to escape.
Sandham, Gowdey said, had shot Raposo, who'd shot first.
Gowdey said Raposo had been expecting violence that night and brought his own gun.
Sandham was hit in the vest.
One of the wounded men was on a couch, bleeding from his leg.
Gardiner was the only accused not there. He was in the house listening to a police scanner and acting as lookout for the police.
Each victim in the barn was patted down. Mather and Aravena searched the vehicles for personal effects. A gun was found and placed on top of a freezer in the barn.
Mushey and Mather had orders to keep an eye on John (Boxer) Muscedere, the president of the chapter.
"If Boxer moves, shoot him," Kellestine said, Gowdey told the jury.
Kellestine ordered all of the victims held at gunpoint.
In his hands, he had two guns.
Aravena was seen with a gun and a baseball bat.
Each of the victims was taken outside at gunpoint, placed in a vehicle, then shot.
The executions took hours.
"There was no gun fight. There was no flurry of bullets," Gowdey said. "One by one, the victims were led to their deaths."
Kellestine was acting erratically. He kicked one man in the face and hit another after accusing him of being a police informant.
He sang, he danced, he joined one victim in prayer.
M.H. didn't see everything because he was inside the barn guarding the men, Gowdey said.
Two of the men were ordered to roll up Raposo in a carpet and to mop up the blood on the floor.
M.H. went outside and saw Kellestine shoot one of the men, Gowdey said.
M.H. saw Mushey shoot one of the last victims, and then again to finish the job.
"It appeared all the Toronto Bandidos knew they were going to die," Gowdey said.
He told the jury not everyone shot and killed someone, but "everyone contributed."
The last man died near sunrise and "there was a pressing need to get rid of the bodies and cars," Gowdey said.
Only Kellestine stayed behind as the vehicles were driven away.
A surveillance team from Durham was watching the farm that night to keep an eye on some of the men in the Douse case.
"They had no need or right to go on the Kellestine property," Gowdey said.
The officers broke off their surveillance at midnight.
An OPP officer came upon them along the country road and stayed in the area until about 2:30 a.m. He saw no vehicles leave.
But by daybreak, a witness saw something unusual along Hwy. 401 -- a line of four vehicles, including a tow truck with a car attached, another car and a red SUV -- that turned onto Union Road, which would eventually lead to the property of Mary and Russell Steele where the bodies were found in some of the abandoned vehicles.
The Steeles, alerted by a friend on that quiet Saturday morning, didn't look inside the vehicles, but called police. An Elgin OPP officer found all the dead men, some with their heads covered.
Unexpected twist
There was an unexpected twist in the getaway plan as the sun came up. One of the vehicles was almost out of gas.
A decision was made to get off the road.
The drivers made it to Stafford Line, abandoned the vehicles and returned to Kellestine's farm with Sandham's SUV.
A set of keys to one vehicle, thrown out the window, was later found along the 401.
Kellestine had started a bonfire. A couch and any ID of the victims were burned.
Kellestine kept a Harley-Davidson baseball cap belonging to one of the victims.
He had large jugs of acid to clean the barn floor. The guns were wiped down and concealed, Gowdey said.
The Winnipegers burned their clothes and left. Gardiner stayed behind.
The police had started to link the bodies back to Kellestine. At 12:40 p.m., five hours after the bodies were found, officers started watching the farm.
Eric Niessen and Kerry Morris were the only two people seen arriving in the afternoon in one car.
Police watched as buckets were carried from the house to the barn. They could see smoke coming from the property and someone searching the grass and deck.
"It looked like an effort to clean up," Gowdey said.
Meanwhile, family members and friends of the victims and A channel news reporter Sarah McGrath called the residence.
Kellestine claimed he'd been partying all weekend.
When asked when he last saw the victims, he changed the subject, Gowdey said.
Search warrants were obtained on April 9, 2006, and police moved in. Slowly, all the people came out -- Kellestine, Gardiner, Mather, Niessen and Morris.
In a police interview, Kellestine repeated he was home all weekend.
He said he had retired from the club, even though he wore a biker belt buckle during the interview.
Red-stained floor
All five people were charged with eight counts of first- degree murder. Three of those are among the six now on trial.
In the barn, police found patio chairs in an area with a wet, red-stained floor. A fire smoldered in the fire pit.
A forensic archeologist is expected to testify what was found in the ashes -- house keys, zippers, coins, parts of cellphones, parts of a couch, glasses, boot steel toes and .22-calibre gun shell casings.
The police would be at the property for two months.
"The place was a mess," Gowdey said.
One gun was found in the ductwork of the basement, the rest not until a secret compartment in Kellestine's kitchen was found.
The Winnipeg men arrived home and continued to meet.
M.H. made a connection with the OPP. He'd wear a wire and pick up conversations of his companions.
Sandham took his SUV to a car detailing shop, had the inside shampooed and bought new tires. He threw the old ones into a ravine.
Police recovered them. Sandham also took a trip to the U.S., telling border guards he was going to South Dakota, but he really went to Texas to the Bandidos headquarters.
Aravena and Mushey, who lived together, were watched by police. They got new biker vests and showed them off.
On June 15 and 16, 2006, the three were arrested and brought to Ontario to face murder charges with the others.
Gowdey gave the jury a roadmap of the evidence that will take months to go through. M.H. is expected to be the star prosecution witness.
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First Bandidos witness details grisly discovery of slain bikers
Wed, April 1, 2009
Relatives of eight Bandidos bikers sobbed and gasped as an OPP officer testified and showed pictures of what he found inside four vehicles on a rural road southwest of London three years ago.
Const. Ross Stuart found eight men, most with “obvious gunshot wounds,” stuffed into four vehicles when he responded to Stafford Line on April 8, 2006.
Stuart, an OPP forensic-identification officer, is the first witness to testify in the first-degree murder trial of six men charged in the slayings of the eight Bandidos from the Toronto area.
Stuart told jurors what vehicles the men were found in and what personal belongings police used to identify them.
Among the more than 40 photographs, the jury saw close-ups of the victims' faces, all with obvious trauma from gunshot wounds.
Jamie Flanz was found in the back seat of a rented 2006 Pontiac Grand Prix.
George Jessome’s body was found in the back seat of the Silverado tow truck owned by Superior Towing and Storage, from the Toronto area.
Bandidos trial live updates .
* Witness dismissed. That's it for the first day of testimony in Bandidos trial. Back again tomorrow at 10 a.m. Dubinski over and out #bdos about 5 hours ago
* Debuck says she saw three cars at 6:50 a.m.: one backed up in ditch, another a tow truck with third vehicle attached. #bdos about 5 hours ago
* Witness dismissed. Next witness Allison Debuck. She was on Stafford Line on April 8, 06 taking daughter to a basketball tournament. #bdos about 5 hours ago
* Witness says she saw what looked like a silver pickup truck down the road from the a property where she delivered the paper. #bdos about 5 hours ago
* Shelley is newspaper delivery person for the St. Thomas Times Journal. Delivered paper to Stafford Line on morning of April 8, 2006. #bdos about 5 hours ago
* Witness dismissed. Next witness: Janet Shelley asked to take the stand. #bdos about 5 hours ago
* Witness says she drives along Stafford Line to work around 5:45 a.m. She says she saw no cars on Stafford Line on April 8, 2006. #bdos about 5 hours ago
* Next witness takes the stand: Mary Aartsen. Works at Flying M truck stop. #bdos about 6 hours ago
Attached to the tow truck was a 2001 Volkswagen Golf registered to Luis Raposo, who was found wrapped in a rug in the hatch. John Muscedere was found in the passenger seat of the Golf and George Kriarakis was in the driver's seat.
The fourth vehicle, an Infiniti FX35 SUV, leased to Flanz, contained the bodies of Michael Trotta and Frank Salerno. Paul Sinopoli was stuffed into the rear cargo hatch of the SUV.
The jury also saw pictures of identification found in the vehicles, including driver's licenses, a college badge and an envelope from a Toronto-area Catholic school board addressed to Trotta and his spouse.
Jessome’s Toronto tow-truck licence was found in the sun visor of the truck, and Raposo’s car ownership was in the Volkswagen.
The jury also looked at a Bandidos motorcycle club leather vest, displaying the distinctive red-and-yellow patches and the club insignia of a man in a sombrero holding a handgun and a sword, known as “The Fat Mexican.”
The tow truck, with the VW Golf attached, was parked along the soft, muddy shoulder of the rural Elgin County road. The two other vehicles were haphazardly left in nearby woods and a farmer's field.
Most of the bodies had their heads covered with clothing or a blanket.
Stuart also described a list found in Raposo’s car with 27 names or nicknames. All of the dead men could be traced to the list.
Jurors also saw a large diamond-shaped silver ring with “1%” inscribed on top.
In Flanz’s car was identification from Onico Solutions – his business card – and a Devry College of Technology nametag.
Cross examination by the defence continues this afternoon.
The six accused are Wayne Kellestine, 59, and Frank Mather, 35, of Dutton-Dunwich; Brett Gardiner, 24, of no fixed address; and Michael Sandham, 39, Marcelo Aravena, 32, and Dwight Mushey, 41, all of Winnipeg. Each pleaded not guilty to eight counts of first-degree murder.
The shooting victims are George Jessome, 52, of Toronto; George Kriarakis, 28, of Toronto; John Muscedere, 48, of Chatham; Luis Manny Raposo, 41, of Toronto; Frank Salerno, 43, of Etobicoke; Paul Sinopoli, 30, of Sutton; Jamie Flanz, 37, of Keswick; and Michael Trotta, 31, of Mississauga. All were connected to the Bandidos biker club.
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A graphic start to the evidence
Thu, April 2, 2009
By JANE SIMS, LONDON FREE PRESS
Ordinary people doing ordinary things saw something wrong on rural Stafford Line, southwest of London, the morning eight men linked to the Bandidos biker club were found shot to death in 2006.
Yesterday, in a London court, graphic police photographs of what was wrong -- the dead men, found stuffed into vehicles that didn't belong where they were found -- were shown to a jury, drawing gasps and sobs from some of the men's family members.
Two people who happened to be in the area that day, April 8, 2006, described what they saw as the first full day of testimony in the Bandidos murder trial began.
Janet Shelley saw a pickup truck a long distance down the road as she turned around in the driveway of Mary and Russell Steele's place, where she'd just delivered the newspaper.
Alison Debuck was driving her daughter to a basketball tournament when she saw a car beyond the ditch in an opening between the woods and a fence. A tow truck and a light-coloured car were at the side of road.Both women said they didn't stop to check why the vehicles were there.If they had, they'd have been shocked and horrified.
Jurors saw the photographs taken of the eight men shortly after they were found in three vehicles on the quiet Elgin County road, south of Hwy. 401 near Shedden, and an SUV parked farther off the road.As the crime scene photos appeared on a screen in court, including facial closeups of the men, the reactions flowed.
OPP Const. Ross Stuart, the lead identification officer, took the jury through the photos, first describing a 2006 Grand Prix found in an open area by the trees. It was an Avis car rented to the common-law spouse of one dead man, Michael "Little Mikey" Trotta.
In the back seat was the body of Jamie "Goldberg" Flanz, 37, of Keswick, Ont. His shaved head was covered and he was packed in with a large variety of kids' toys, games, a car seat and two backpacks.
There were two visible gun shot wounds -- one under his left eye in his cheek, the other on his forehead.
A Superior Towing and Storage Tow truck, found deep in a muddy ditch, contained the body of George "Pony" Jessome, 52. His tow operator's licence was found on the sun visor.
Jessome's head was covered with a red and blue blanket. Blood could be seen on his forehead, cheek, nose and mouth.
A 2002 VW Golf was hooked onto the back of the truck. George "Crash" Kriarakis, 28, was dead in the front seat, the top of his body covered by a green fleece shirt.
He was slumped on his side and blood was caked on his face and coming out his nose. A gunshot wound could be seen below his left ear.
John "Boxer" Muscedere, 48, the Bandidos national president, was slumped beside him in the passenger seat. There was no visible gunshot wound but blood was coming from his eyes and nose. In the hatch was the body of Luis "Chopper" Raposo, 41, the car's registered owner. He was wrapped in a multi-coloured rug and there was blood staining to his neck, shoulders and upper chest.
A fourth vehicle, an Infiniti FX35 SUV, leased to Flanz, was found in a field near the tree line.
Paul "Big Paulie" Sinopoli, 30, a large man, was stuffed in the rear compartment, lying in the fetal position, a gunshot wound to his left temple.
Two more victims were inside the vehicle. Trotta, 31, was shot in the right temple behind the eyes. Francesco "Bam-Bam" Salerno, 43, was beside him. There was blood, especially near his right ear. Stuart explained how police determined the men's identities with documents and other items found in the vehicles.
One significant piece was a black leather Bandidos Canada motorcycle club vest found in the Volkswagen, with its distinguishable red and yellow club patches.
The centrepiece on the back of the garment was a rotund man in a sombrero holding a sword and a gun. The jury was told he's known as "the Fat Mexican."
"Our colors don't run," was one of the patches.There was a ring as well -- shaped with the insignia "1%."
Police also found lists and phone numbers with many nicknames.
Raposo, the national secretary, had phone numbers in his pocket and a list with 27 names, including the nicknames of the victims.
"Weiner" was attributed to accused Wayne Kellestine, whose Aberdeen Line farm -- about 14 kilometres from where the vehicle were found -- is where the Crown contends the killings took place.
"Taz" is Michael Sandham, another accused, and he authored e-mails found printed in the car. There were nicknames on one list that Stuart said could be those of some of the other accused.
Raposo also had 16 other documents, including a ledger page with items such as a pool table and square patches.
Flanz's business cards from Orico Solutions and a badge from a business college were found in his car.
The trial continues today.
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Rural couple describe grisly discovery — read Twitter updates here
Thu, April 2, 2009
In April 2006 eight bodies are discovered in vehicles abandoned along a rural road near Shedden, Ontario. Six men are currently in court for what has become known as "The Bandidos Murder Trial
A graphic start to the evidence Many called, few were chosen First Bandidos witness details grisly discovery of slain bikers — read Twitter updates here 'Shot one by one' 'Not guilty' pleas set stage
A rural couple’s quiet Saturday morning was shattered three years ago when they discovered unfamiliar vehicles parked on their property that contained the bodies of eight dead Bandidos.
Mary Steele, a retired dairy farmer, testified this morning at the trial of six men charged with eight counts of first-degree murder in the slayings of the Toronto-area bikers.
Steele and her husband Russell were the first people to approach the vehicles that had been abandoned on their property along Stafford Line in Elgin County’s Southwold Township on April 8, 2006.
It had been a a typical Saturday morning for the couple. Steele testified that she and her husband were having breakfast at about 7:15 a.m. in their home when they saw a familiar vehicle travelling up their road.
Steele said it was Forbes Oldham, known as Forbsy, a man who usually drove past their house at the same time every day, often to take a newspaper to another neighbour.
Fifteen minutes later, Steele answered the phone. It was Oldham.
“The fellow told us there are a lot of cars on the road and in the bush,” she said.
“'You got lots of cars, you should see what’s going on',” the caller said.
The couple was curious. Steele told assistant Crown attorney Joseph Perfetto that she and her husband hopped in their SUV to check what was happening.
The first vehicle they saw was a Pontiac Grand Prix. It was backed in to an opening with the keys still in the ignition.
"We tried to peer through the window," Mary Steele said.
"At the time, my husband and I, we watch CSI, and I decided not to touch anything."
Steele looked in the front window but couldn't see anything in the front seat, but did see something covered up with a blanket in the back seat.
Next, the couple went to a tow truck up the road, also abandoned. They noted the Superior Towing and
Storage name and Toronto-area phone number on the side of the truck. They went back to their house to call 911.
"But then curiosity got the best of us, so we went back," Steele said.
Peering through the bush, the couple saw an SUV in a field farther down road and adjacent to their property line.
The two thought the cars were either stolen or someone had been drinking alcohol and parked the cars close to their land, Steele said.
The couple called the police again, saying there were four vehicles on or near their property.
They were waiting for the police along the road when Oldham and neighbour Charlie McMullen drove up. So did OPP Const. Karl Johnston.
“My husband was trying to tell the officer how to do his job,” Steele said, drawing laughter from the rest of the courtroom.
The jury also heard from Johnston and another officer on the scene and who described finding the three bodies in the SUV.
An Elgin paramedic who arrived on the scene testified he was able to check seven of the eight bodies.
The body in the SUV hatch and the body in the Volkswagen trunk were cold to the touch.
The other five were also cold, the paramedic said, and had no vital signs.
The six accused are Wayne Kellestine, 59, and Frank Mather, 35, of Dutton-Dunwich; Brett Gardiner, 24, of no fixed address; and Michael Sandham, 39, Marcelo Aravena, 32, and Dwight Mushey, 41, all of Winnipeg. Each pleaded not guilty to eight counts of first-degree murder.
The shooting victims are George Jessome, 52, of Toronto; George Kriarakis, 28, of Toronto; John Muscedere, 48, of Chatham; Luis Manny Raposo, 41, of Toronto; Frank Salerno, 43, of Etobicoke; Paul Sinopoli, 30, of Sutton; Jamie Flanz, 37, of Keswick; and Michael Trotta, 31, of Mississauga. All were connected to the Bandidos biker club.
==========================
Wound tally opens biker slaying trial
3rd April 2009,
LONDON, Ont. -- Her sobs broke the silence as the occupants of the courtroom concentrated on photographs of eight dead men.
They started softly when the autopsy photos of George Kriarakis, 28, one of eight men connected to the Bandidos motorcycle club, flashed on the video screens throughout Courtroom No. 21 in the London courthouse during the trial of six men -- three of whom are from Winnipeg -- who have pleaded not guilty to eight counts of first-degree murder.
A man and a woman were trying to console the crying woman, while OPP Const. Ross Stuart took the jury through the photographic summary of injuries.
Tattoos
He began to describe some of Kriarakis's tattoos -- the word "Crash," his nickname, in red and yellow surrounded by flames on his chest; a tattoo on his back with the diamond-shaped "1%er," surrounded by the letters "BFFB," and two images of men wearing a sombrero on either side; the words "No Surrender" down his right arm and shoulder.
The sobs became louder.
Stuart began to discuss the four gunshot wounds to the left side of Kriarakis's head, near his ear.
The sob turned into a wail.
"God, God," she cried loudly.
Elgin County Crown Attorney Kevin Gowdey called for a brief recess and the jury left the room.
It was a glimpse into the grief left behind after the eight men were found dead near Shedden on April 8, 2006.
The jury returned to see and hear the grisly overview Gowdey said will be expanded on when pathologists who performed autopsies testify.
Stuart showed photos of the men's injuries and described what the doctors found. Several men who had tattoos similar to what the jury has been told earlier is "The Fat Mexican" -- a symbol of the Bandidos motorcycle club.
Jamie Flanz, 37, had two gunshot wounds to his head -- one to his upper forehead and another to his left cheek.
Stuart also showed the jury a photograph of a tattoo on Flanz's back near his left shoulder of a skull with skeletal hands, wearing a sombrero and holding a revolver.
Gunshot wounds
George Jessome, 52, had two gunshot wounds to the left side of his head and one in the left chest. He had an abrasion to his right wrist, hand and middle finger.
Kriarakis, 28, along with the four shots to the head, had a gunshot wound to his right shoulder, lower abdomen and left chest.
John Muscedere, 48, who has been described as the national president of Bandidos Canada, had been shot on the right side of his head near his ear, another under his right eye and his right torso.
Luis Raposo, described to the jury earlier as the national secretary, died of gunshot wounds to his neck and chest.
Michael Trotta, 31, had a gunshot to the top of his head that had an exit wound out his left cheek. There was another gunshot wound to his right temple.
Francesco Salerno, 43, had six gunshot wounds.
Paul Sinopoli, 30, had gunshot wounds to his left eyebrow and left temple and a graze wound on his thigh.
The trial continues today.
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Frank (Bam Bam) Salerno, was shot at no fewer than nine times.
Six gang members or associates are now on trial in Ontario Superior Court here in connection with the deaths of eight fellow Bandidos in April three years ago. All of the accused men face eight counts each of first-degree murder and all are pleading not guilty.Since the discovery of the bodies, stuffed into four vehicles abandoned on a country road southwest of London, the deaths have been widely described as execution-style killings, a term which evokes a picture of crisp if not merciful efficiency.Earlier this week, for instance,
Elgin County Crown attorney Kevin Gowdey told the jurors in his opening statement that most of the men died of gunshot wounds to the head, most delivered at close range. And a day later, jurors saw for the first time close-up photographs of the men's bloody and fatal head wounds. But what they learned yesterday was that one of the victims, Luis (Chopper) Raposo also had his right middle finger amputated and that another, John (Boxer) Muscedere, the supposed Canadian president of the Bandidos, was not only shot three times, but also suffered multiple fractured teeth and severe abrasions to both knees, the reasonable inference that he had been forced to kneel at some point.As well, another victim, 28-year-old George (Crash) Kriarkis was shot no fewer than seven times - four times in the face or head and once each in the shoulder, chest and abdomen.
Mr. Kriarkis's mother was in court yesterday when Ontario Provincial Police Constable Ross Stuart, the main forensic identification officer on the case, was describing the men's injuries as the jurors watched a slide show of pictures documenting them. She fell weeping into the arms of friends and once cried aloud, "Why?"Another victim, Frank (Bam Bam) Salerno, was shot at no fewer than nine times.Five of the shots connected - one to the bridge of his nose, another to his right cheek, another to his right ear, one to his right hand and one to the right thigh. Three more grazed his lower right leg, another grazed the top of his right hand.In total, not counting any that may have missed the mark, 33 shots were fired at the eight victims.In addition to gunshot wounds, Constable Stuart said, many of the men suffered other lacerations or abrasions, several to their wrists or hands, sometimes interpreted as wounds incurred when people try to defend themselves. Other injuries, such as the laceration to the top of Jamie (Goldberg) Flanz's head, may have been inflicted by the alleged ringleader of the plot, Wayne (Wiener) Kellestine, whom Mr. Gowdey described as having kicked one victim in the face and hit another, all the while dancing and singing bizarrely.According to the prosecutor, all the victims were members or associates of the tiny Toronto Bandidos branch called the No Surrender Crew.
With the Toronto branch on the outs with the group's head office in Texas, and also embroiled in an internal battle for control with a probationary Bandidos group in Winnipeg, the decision was made to "pull the patches" of the Toronto crew, leaving Winnipeg as the only Canadian chapter.Mr. Kellestine, who reportedly had aligned himself with the Winnipeg group, is alleged to have lured his Toronto colleagues to his farm, located just 14 kilometres from the site where the vehicles crammed with bodies were later found.
He and his five co-accused - Michael (Taz) Sandham, Dwight (Dee) Mushey and Marcello Aravena, all from Winnipeg, and Frank Mather from Toronto - allegedly donned gloves and armed themselves in preparation for the patch-pulling, with Mr. Sandham, a former police officer and soldier, allegedly hiding in the loft of the barn where the meeting was held.After a brief exchange of gunfire between Mr. Raposo and Mr. Sandham - it left the former bleeding from the neck and chest and the latter complaining his bulletproof vest had been hit - Mr. Gowdey said the rest of the Toronto Bandidos were searched and held at gunpoint."In the hours that followed," Mr. Gowdey told the jurors, the remaining men "were taken outside, unarmed, and shot one by one in their vehicles ... Not everyone [who is accused] actually shot and killed, but everyone participated and contributed ... People who deliberately help or encourage killing may be equally guilty as those who pulled the trigger."The revelations of the apparent cruelty of the men's deaths came late yesterday, and could not have contrasted more with the testimony of the morning.These early witnesses - several OPP officers who were first on the scene, a paramedic who had the unenviable task of checking the bodies for signs of life and who found instead in some the onset of rigor mortis
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Bandidos trial jury sees photos of victims' homes
By Michael Oliveira, THE CANADIAN PRESS
Last Updated: 3rd April 2009, 2:45pm
LONDON, Ont. — A search of victims’ homes after Ontario’s largest mass killing took police to a trailer, a rundown apartment building and a posh suburban home, resulting in the seizure of thousands of exhibits of evidence including a gun, a receipt for marijuana grow-op equipment and a plethora of Bandidos biker paraphernalia, court heard Friday.
The jury at the first-degree murder trial is hearing evidence about the slayings of eight men with ties to the outlaw motorcycle club who were found dead in four abandoned vehicles in rural southwestern Ontario in April 2006.
After two days of graphic testimony cataloguing the men’s autopsy photos and scores of bullet wounds and injuries, the jury was given a glimpse inside the lives of five victims and where they lived.
The men had wardrobes full of Bandidos gear, including their trademark leather vests emblazoned with the so-called “Fat Mexican” cartoon logo: a large-bellied man wearing a sombrero and clutching a gun and machete in either hand.
Each victim appeared to have collected numerous Bandidos T-shirts of various colours and designs and bearing the names of different chapters across the United States and the world.
Police also found Bandidos jackets and clothing from the Losers and Annihilators motorcycle clubs.
A number of custom Bandidos rings, in both silver and gold, were seized, along with brooches, belt buckles and other collectibles.
Provincial police Const. Ross Stuart told court about 6,000 photos were taken of the items seized from the homes.
In the first home shown to court, a modest Toronto house where 41-year-old Luis Raposo lived, police found a receipt for a US$77 eBay purchase of grow-op equipment. The receipt listed chopper(at)rogers.com as the buyer; court has heard Raposo’s nickname was Chopper. He's been identified as the club's national secretary.
Also seized in the house — along with a haul of Bandidos garb — was a computer, a list of names and phone numbers previously introduced in court, a motorcycle decorated with Bandidos stickers, and photos of Raposo and others wearing the motorcycle club’s colours.
In the Toronto home of 28-year-old George Kriarakis in Toronto, police found some women’s Bandidos clothes including women's thong underwear with the words “Support the Fat Mexican,” and a pink tank top reading “I Support My Local Bandidos.” along with personal photos with a woman and his motorcycle. There were also photos of Superior Towing trucks and Jessome
Court was also shown photos of Kriarakis posing with a puppy and professional shots taken with a blond woman as he posed in a Bandidos vest.
In the apartment of 48-year-old John Muscedere, police found more clothing and photos along with Bandidos Christmas cards. Police also seized a three-page email that the Crown said details Bandidos business. There were also photographs found with men in Bandido clothing smiling and giving the finger to the camera.
Police also collected evidence at the suburban Milton, Ont., home of 31-year-old Michael Trotta but made the most notable discovery at the home of 43-year-old Frank Salerno. Salerno's large, modern home was searched as well as his BMW, where officers found a box for a digital camera, court heard. Inside was a .32-calibre Mauser 1914 pistol and an ammunition magazine with three round of 32 cal bullets in it.
Police said they also searched the trailer of Jamie Flanz, 37, but found no Bandidos-related items.
The homes of the other two victims — Paul Sinopoli, 30, and George Jessome, 52 — had been searched in relation to another homicide investigation and court was not given details of that probe.
Charged with first-degree murder in the deaths are Wayne Kellestine, 59, and Frank Mather, 35, of Dutton-Dunwich, Ont.; Brett Gardiner, 24, of no fixed address; and Michael Sandham, 39, Marcelo Aravena, 32, and Dwight Mushey, 41, all of Winnipeg.
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Jury hears wiretap conversations of bikers
Sat, April 4, 2009
The bikers tell each other many times 'Love ya, bro'
By JANE SIMS, LONDON FREE PRESS
In the days leading up to the shooting deaths of eight men, Wayne Kellestine promised "things are gonna get a lot better."
"It's not my doing. I don't want no part of this," he told one of his young Bandido "brothers" over the telephone on April 6, 2006.
"But I'm gonna try to salvage as many guys as I can."
Two days later, eight men with connections to the biker gang were found shot to death along a rural Elgin County road.
The victims --George Jessome, 52, of Toronto; George Kriarakis, 28, of Toronto; John Muscedere, 48, of Chatham; Luis Manny Raposo, 41, of Toronto; Frank Salerno, 43, of Etobicoke; Paul Sinopoli, 30, of Sutton; Jamie Flanz, 37, of Keswick; and Michael Trotta, 31, of Mississauga -- were connected to the Bandidos biker club.
The Crown has pointed to a biker feud within the Canadian Bandidos as the heart of its case against six men, including Kellestine of Dutton-Dunwich, charged with eight counts of first-degree murder.
The Crown has told the jury Kellestine was put in charge of pulling the patches -- the biker symbol of solidarity and power -- from the Toronto members for the international Bandidos in Texas.
Yesterday, the prosecution turned to wiretap evidence, and specifically to telephone conversations between Kellestine and Cameron Acorn.
Seen in photos wearing Bandido colours with both Kellestine and the men who were later killed, Acorn was in a provincial jail in Penetanguishine when he talked with Kellestine.
The jury in the Superior Court trial heard snippets of conversations between some of the Toronto Bandidos and others to establish the identity of their voices. Some of the recordings were made within hours of the shootings.
More of those conversations are expected to be played in court when the jury returns April 14.
There was also evidence -- much of it Bandido paraphernalia -- shown of what the police found in some of the Toronto-area homes belonging to the victims.
The Kellestine/Acorn conversation gives a hint of the rift within the organization.
Kellestine contacted Acorn's mother to find out where her son was. "It's kind of important I talk to him . . . Fill him in on what's going on," he said.
He told her other Bandido members in Toronto hadn't been in contact with him and hadn't invited him to parties.
Acorn called Kellestine's house later. Kellestine calls him " a good truthful man" and a "good soldier."
"The people in the States are super, super, super f---ing choked," he said.
He told Acorn he had been to Vancouver and White Rock, B.C., at their request.
"People have been lying to us about everything being all right," Kellestine said. "Everything ain't right."
"I'm gonna need you, you know, in the future," he tells Acorn.
Kellestine asked Acorn how "Paulie" was doing. The jury has been told victim Paul Sinopoli went by the nickname Big Paulie.
Acorn said he was angry with Paul because he owed people money.
Kellestine told Acorn he didn't hear from people in Toronto, but they were "doing a lot of you know what. . . That's gotta stop."
"Someone in Toronto has stabbed Boxer (victim John Muscedere) and Bam Bam (victim Francesco Salerno) and Chopper (victim Luis Raposo) and all them guys in the back mentioning a bunch of f---ing s---."
Kellestine said he didn't want "no part of this." He and Acorn are careful not to identify what "this" is.
"I've got to try and fix this," Kellestine said.
The jury heard bits of conversations between some of the victims from April 7, 2006, just hours before the shootings. The audio was made by the OPP during Project Douse, the Durham police investigation into the slaying of Shawn Douse, a Keswick drug dealer who died in a 2005 beating.
OPP Det. Sgt. Jennifer Lockhart said Sinopoli and Jamie Flanz were two of 14 "primary targets" in the investigation.
The jury heard Sinopoli call Muscedere, Bandidos national president, to tell him "I'm not making it tonight," he said, because of ulcer problems.
Salerno later called Sinopoli and ordered him to go to "church" that night without making any excuses.
"Boxer's freaking out," he said. "You're on your last legs."
Sinopoli was heard calling Flanz for a ride.
Acorn called Raposo, the national secretary, and Muscedere while they were on their way to the meeting. The jury has heard the men gathered at Kellestine's farm.
They tell each other many times "Love ya, bro."
Acorn asked Raposo to send him a copy of a photo showing Acorn "cruising on a bike."
"I've heard some distressing news, but I love ya," Muscedere told Acorn.
"I'll call you guys next weekend," Acorn promised. "Make sure Chopper doesn't forget about that picture."
"I'm gonna f---ing tape it to his forehead," Muscedere laughed.
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Betrayal among the beloved bros
Rosie DiManno
Apr 04, 2009 04:30 AM
LONDON, Ont.
"I love you, bro."
Oh, the Judas kiss.
Such expressions of brotherly love, allies forever, the biker bonds of blood.
But all the time, there was mayhem and murder afoot, betrayals unto death. And so much for fidelity or honour or the code of the road – all those mythical attributes that patched-up and tattooed-down bikers claim.
They were rats, one double-cross removed from that most ignoble of creatures: the police informant.
The treachery within the Bandidos was exposed in court yesterday when wiretapped phone conversations were played for the jury, while six first-degree murder defendants passively listened in.
Cameron Acorn is not among the accused. He was doing time in Penetanguishene, back in 2006, when obliquely informed that his "brothers," his bestest friends, were about to get whacked.
Even from inside stir, Acorn could have called and warned his buddies, could have probably saved their lives.
In fact, he did phone, just as eight members of the Toronto Bandidos chapter were setting off for their date with alleged slaughter, piling into their cars as summoned to attend "church" that night – a biker meeting at the London-area farm of Wayne "Weiner'' Kellestine, purported ambush mastermind.
Inside one of the vehicles, Luis Manny Raposo and John Muscedere – only hours removed from fatal bullets – sound delighted to hear from Acorn, exchanging "Love you, bro" greetings as the cellphone is passed back and forth.
Muscedere, however, provides a hint of suspicion. "I've been hearing some disturbing news," the alleged president of the Canadian Bandidos Nation tells Acorn. "But I love you."
They wear their fraternal love on their cut-off sleeves, these Bandidos, but some of them, at least, are traitors.
Muscedere tells Acorn to use his time behind bars usefully, "don't become like those deadbeats in there" and Acorn says sure, he's cool, except there's one thing he'd like Muscedere to bring him – that picture off the computer, "of me cruising, giving the finger."
Acorn asks them to write him letters, then signs off: "I'll call you guys next weekend."
Such a good boy, this Acorn, as his mama tells Kellestine on another intercepted phone call.
Yet Acorn – who's been told enough to twig – says nothing to his Bandido bros, let's them tootle down the highway to their death.
That was April 7, 2006. In the early-morning hours of April 8, Muscedere and Raposo – and George Jessome, George Kriarakis, Frank Salerno, Paul Sinopoli, Jamie Flanz, Michael Trotta – would be marched to their cars, one-by-one, according to the prosecution, and executed, allegedly by the men on trial, Kellestine and five others connected to the Bandidos, the grotesque climax of what has been portrayed in court as an internal feud between the club's Toronto and Winnipeg chapters.
On the previous day, Acorn had phoned Kellestine, as bidden, his mom the intermediary. Kellestine, sweet-talking Sharon Acorn in that ingratiating way of his, had said of her son: "You mention to Cameron that we love him. ... Far as I'm concerned, Cameron's one of us. ... I've known him since he was a kid and he's your boy, so I love him."
With Cameron Acorn, Kellestine at first lauds himself for looking out after all the brothers in jail, sending cards and pictures, whereas other Bandidos just forget their obligations.
Thing is, though, some of those Toronto Bandidos aren't talking to Kellestine of late; they never call, they don't invite him to parties. And the Bandido bosses, down at Texas headquarters, are displeased with Toronto, too. "The people in the States are super, super, super f---ing choked."
Cryptically, Kellestine mentions a meeting with the Americans in B.C. "Okay, now there's gonna be some major changes."
He suggests that, contrary to earlier assurances, things aren't okay. "People have been lying to us ... about everything being all right."
Not gonna say another word, Kellestine declares. But, clearly, he can't help himself. Wonders if another Bandido, "Paulie" – who apparently owes money to many people – can be reclaimed, in some way. "Is there any chance of salvaging him?"
Here, Kellestine palpably puts himself forward as the guy who can intervene, influence, because stuff is about to happen. "And it's not my doing. I don't want no part of this but I'm gonna try to salvage as many guys as possible."
Acorn gets it but is stunned.
"Oh f---. It's not what I think it is?
"Are you f---ing serious?
"That's f---ing bulls---, man."
At that point, Kellestine becomes aware that there's someone else on the line – a three-way hookup. It is Acorn's brother-in-law.
"Did you just hear what I just said?" Kellestine demands of the in-law.
The stammering third-guy-on-a-wire: "No, no, no, no, no. I'm positive, 100 per cent, I just picked the phone up (because) I heard Cameron calling me."
Kellestine carries on a bit more, about how he doesn't need all this aggravation with the Americans but he's trying to "fix" it. He's the man. The conversation ends in signature biker mush.
Kellestine: "Love you buddy."
Acorn: "'Kay. Love you too."
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Slain biker tried to avoid meeting, murder trial told
Taped phone calls reveal ailing Bandido, 30, pressured into accepting invitation from accused
Apr 15, 2009 04:30 AM
LONDON, Ont. – Accused killer Wayne Kellestine sang a few lines from the 1960s hit song "It's Now or Never" to one of the victims in the Bandidos Motorcycle Club, hours before the biggest mass murder in Ontario history, a courtroom heard.
"There's an old Roy Orbison song 'It's Now or Never,' " the 59-year-old said on the phone to fellow Toronto Bandido member Paul Sinopoli, 30, of Sutton on April 7, 2006.
The next morning, the bullet-riddled bodies of Sinopoli and seven others connected to the Greater Toronto Bandidos were found in abandoned vehicles in the hamlet of Shedden, 14 kilometres from Kellestine's farm in southwestern Ontario.
Kellestine and five others each face eight first-degree murder charges for the slayings.
Sinopoli didn't laugh when Kellestine improvised a couple of lines to the song over the phone.
"Hold me close, kiss me, you homely little bastard," Kellestine sang. "Be mine tonight."
Kellestine sounded both jovial and hostile as he reminded Sinopoli to attend the meeting at his farm later that evening.
"Howdy doody, whadiya doin' Big Paulie," he asked of Sinopoli, who replied that he "could be better."
"You've been sick," Kellestine replied. "You're a sick man. Never mind you're sick. But I still love ya."
"I know, I know," Sinopoli said.
Kellestine complained he hadn't been called recently by Sinopoli.
"What's up, buds," he asked. "You don't love me no more?"
"I just been sick, bro," Sinopoli replied in a weary voice.
Kellestine said he had some visitors at his farm but suggested they would soon be leaving. "There's some people passing through town right now," he said. "They're not gonna be around for much longer."
Also charged are five Winnipeggers: Michael Sandham, 39, Marcello Aravena, 33, Brett Gardiner, 24, and Dwight Mushey, 41, and Frank Mather, 35.
Sinopoli was found in a sport utility vehicle by a field.
Also found were the bodies of Jamie Flanz, 37, of Keswick; John Muscedere, 48, of Chatham; George Jessome, 52, Luis Manny Raposo, 41, and George Kriarakis, 28, all of Toronto; Frank Salerno, 43, of Oakville; and Michael Trotta, 31, of Mississauga.
The intercepted conversations heard in court suggested Sinopoli almost escaped the bloodbath.
"I won't be making it tonight," Sinopoli told Muscedere at 3:33 p.m. on April 7.
But court heard that Sinopoli was repeatedly pressured by others to go that evening to Kellestine's farm.
Sinopoli had been saying for days he was too sick to attend, telling Flanz that he was feeling stressed and tired and was suffering from a bleeding ulcer.
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Threats, ominous hints, and serenade form wiretap evidence at Bandidos trial
By: Michael Oliveira, THE CANADIAN PRESS
LONDON, Ont. - Threats over outstanding debts, ominous hints about a "very important" meeting, and a serenaded warning about the time being "now or never" were intercepted by police in the days and hours before eight bodies were found in rural southwestern Ontario, court heard Tuesday.
The jury at the trial of six men charged in Ontario's largest ever mass slaying - the alleged first-degree murders of eight people connected to the Bandidos outlaw motorcycle club - heard a sequence of 28 phone calls that were gleaned from more than 60,000 that police eavesdropped on in the weeks leading up to the bloodbath.
The intercepts, dubbed "the victims' trip to the farm for a meeting" by the Crown, document increasingly insistent demands that several men attend a club meeting on April 7, 2006.
Early the next day, police found the victims'bodies stuffed in four vehicles in a farmer's field near Shedden, Ont.
Caught numerous times on tape was victim Paul Sinopoli, who complained in several calls of stomach pain and tried to talk his way out of going to "church," the meeting at Wayne Kellestine's farm.
"We just call it that because we meet once a week," he said of the group's meetings in one of the intercepted calls.
When Sinopoli told fellow victim Jamie Flanz that he planned to stay home on April 7, 2006, the response was a long silence.
Flanz finally let out a troubled, "oooh," and suggested that maybe Sinopoli should go out and also see a Tragically Hip cover band that was playing that night.
But Sinopoli insisted he couldn't go.
"I can't move, bro," he said.
Sinopoli also asked Flanz to gauge the anger of another victim, John (Boxer) Muscedere, who was apparently tiring of his complaints.
Flanz tried to put his friend's mind at ease and said, "They're always sayin' the same thing all the time, nothing ever happens."
In less than two hours, Sinopoli would receive a call telling him that Muscedere was "freaking out" and that his attendance at the farm was mandatory.
"Bro, uh, Boxer's freaking out, bro. You're on your last legs, you're almost out the door. So if I was you I'd get yourself to ... church tonight," said another victim, Frank (Bam Bam) Salerno, who also warned Sinopoli to bring money he owed to the meeting.
"You better bring it. Don't come there empty-handed, brother, and don't bother phonin'him and telling him you're sick.
"I'm telling you what to do. If you don't want to listen to me, that's your problem. Don't come crying to me after."
In another call with an unidentified man, Sinopoli is told: "It's very important everyone's there, so ... call everybody, tell 'em it's very important."
Sinopoli confirmed with Kellestine that he would attend but said he might be late for the 7 p.m. meeting.
Kellestine pressured him to hurry up, saying there were people awaiting his arrival, and confused the younger Sinopoli by breaking out into song.
"There's just some people passing through town right now. They're not going to be around for much longer. ... They're kind of (in a) hurry to get going. So we have two options. There's an old Roy Orbison song, 'It's Now or Never,"' Kellestine says, before starting to sing.
"'Hold me close, kiss me, you homely little bastard, be mine tonight."'
Resigned to having no choice but to attend, Sinopoli called a woman identified only as Stephanie, who court heard was involved with his drug dealings.
He spoke of his need to go the farm and a meeting she would soon have.
"These people aren't going to beat me up, are they?" she said with a nervous laugh.
He assured her that wouldn't happen.
The wiretaps end with a call around 10:18 p.m. as Flanz arrived at his destination and the meeting was presumably about to begin.
Flanz asked Muscedere to stay on the line before he entered the meeting, but the wiretaps don't capture what happened next.
The explosive evidence came as a result of another investigation into the December 2005 death of drug dealer Shawn Douse, which resulted in penitentiary terms for four men connected to the Bandidos.
Police sought taps on the phones of 14 primary and 15 secondary targets for that investigation, but ended up catching clues about the eight murders, which the Crown has characterized as an internal cleansing of the Bandidos.
None of the six accused had their lines tapped, but two of the victims did, as did others associated with the Bandidos.
Kellestine and his associates all knew not to talk too freely on the phone and spoke frequently in code, referring to others as "the old man," "other friend," and other pseudonyms.
As he signed off in a call with Sinopoli, Kellestine asked him to "keep the phone calls down to a minimum, please and thank you."
The jury was back in court Tuesday after a week off, and Justice Thomas Heeney gave jurors further instructions based on the Crown's opening statement.
Heeney reminded the jury that the opening was not evidence and only a set of allegations.
He also said the jury should come to its decision without prejudice or sympathy for any of the accused.
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More testimony in Bandidos trial
Tue, April 14, 2009
By LONDON FREE PRESS
Wayne Kellestine used an old Roy Orbison tune to make sure a meeting was about to happen.
"It's now or never," he sang to Paul Sinopoli on the cellphone just hours before eight Bandidos were shot to death.
The jury at the Bandido trial heard more wiretaps today from chats on the phone on April 7, 2006 in Toronto about the meeting at Kellestine’s farm, up to 10 p.m. when victims Jamie Flanz and John Muscedere spoke to each other while Flanz stood outside Kellestine’s farmhouse.
Kellestine’s voice and a barking dog could be heard in the background.
The eight men were found dead the next morning in vehicles along Elgin County’s Stafford Line.
Flanz and Sinopoli, were a targets in another police investigation called Project Douse, which allowed the police to tap into his and other victims' conversation.
The jury heard this morning Simopoli was suffering form a bleeding ulcer and told several of the victims he didn't intend to go to "church" that night.
He later explained to a woman that “church” was a club meeting.
He almost convinced the others he didn’t have to go. It was a call from victim Francesco Salerno that changed his mind.
He later was told by one of the men he was on "his last legs" and needed to attend the meeting. And he needed to bring money for dues.
“Don’t bother telling (Muscedere) you’re sick, just get yourself to church,” Salerno said.
Then Sinopoli spoke to Kellestine, who reminded him to be at the meeting at his Dutton-Dunwich farm.
The last conversation before the morning recess was between victim Frank Salerno and Pierre Aragon with Salerno ordering Argon to find "Taz", a nickname that the jury has been told belonged to Sandham.
The conversations between Flanz and Muscedere focused on getting to Kellestine’s farm together.
Before they arrived they planned to meet at a Tim Hortons along Highway 401 just west of Woodstock at the service centre.
Muscedere is heard becoming frustrated with Flanz’s inability to find the well-known roadside meeting place.
Cross-examination continues this afternoon.
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Bandidos' murder victim warned of 'bad reception'
BY: Peter Edwards
Source: thestar.com
April 14 2009
Canada - LONDON, ONT. – Murder victim Jamie Flanz was warned he was about to face a "bad reception" on the night of the biggest mass murder in Ontario history, a courtroom heard today.
"You're going to have some kind of a bad reception over there, so you might have to stay outside," Flanz, 37, of Keswick was cautioned by John Muscedere, the Bandidos Canadian president, at 10.10 p.m. on Fri., April 7, 2006.
Muscedere told Flanz to be careful as Flanz walked up the driveway of the farm of Wayne Kellestine, 59, of Iona Station, west of London..
The bullet-riddled bodies of Flanz, Muscedere and six others connected to the Greater Toronto Area Bandidos motorcycle club were found early in the morning of April 8, 2006, in the hamlet of Shedden, 14 kilometers from Kellestine's farm.
Kellestine, 59, and five others each face eight first degree murder charges for the slaying.
Also charged with eight counts of first degree murder are Winnipeggers Michael Sandham, 39; Marcello Aravena, 33, Brett Gardiner, 24, and Dwight Mushey, 41 and Frank Mather, 35, of no fixed address.
Also found in abandoned vehicles were the bodies of Paul Sinopoli, 30, of Sutton; George Jessome, 52, Luis Manny Raposo, 41, and George Kriarakis, 28, all of Toronto; Frank Salerno, 43, of Oakville and Michael Trotta, 31, of Mississauga.
Court heard a series of intercepted conversation, which suggested Sinopoli almost escaped the murders because he felt too sick to attend the meeting, called a "church" gathering by the outlaw bikers.
"I won't be making it tonight," Sinopoli told Muscedere, the Bandidos Canadian president, at 3.33 p.m. on April 7, 2006.
Court heard that Sinopoli was repeatedly pressured by others in the club to attend a meeting that evening at the Kellestine farm.
Sinopoli had been saying for days before the meeting that he was medically unfit to attend the meeting at Kellestine's farm, alternately called "church" and a "barbeque" in conversations that were intercepted by police.
On April 6, 2006, Sinopoli complained to Flanz that he was feeling stressed and tired and suffering from a bleeding ulcer.
Asked to describe how he felt, Sinopoli said he was "stressed beyond belief" and seeking medical help.
Also that day, Sinopoli told Jessome that he wouldn't likely attend the Friday night meeting.
"Brother, I've (expletive) been sick for the last couple of days," Sinopoli told Jessome.
In another intercepted conversation, from 2.33 pm on April 7, 2006, Sinopoli told Muscedere that he wouldn't be able to make the drive to Kellestine's farm for a club meeting that night.
"My ulcer's bleeding a lot," Sinopoli said. "The lining in my stomach's thinning out."
Muscedere sounded sympathetic, but said there were problems the club had to solve.
"We've got to sort some of this (expletive) out," Muscedere said.
Salerno pressured Sinopoli to get to the meeting, or run the risk of being kicked out of the club, court heard
"People are livid - freaking," Salerno told Sinopoli at 7.51 p.m. on April 7.
At 8.39 p.m., Sinopoli had clearly relented, and called to say he would be attending the meeting.
"I've got church tonight," Sinopoli said.
The trial continues.
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London Free Press: Special Reports: Bandidos Trial
MURDER TRIAL
Jury hears police wiretaps of Bandidos
Jane Sims
London Free Press
April 15, 2009
To stress how important it was for members of the Toronto Bandidos to come to a meeting near London, Wayne Kellestine broke into song.
"There are some people passing through town right now, they're not going to be around much longer," Kellestine told Paul Sinopoli in a cell phone conversation hours before Sinopoli and seven other Bandidos members were found shot to death along a rural road in Elgin County on April 8, 2006.
"They're . . . in a hurry to get going so we have two options," he said before breaking into what he said was "an old Roy Orbison song."
"It's now or never, Hold me close, " Kellestine sang. "Kiss me you homely little bastard. Be mine tonight."
Yesterday, after a week's hiatus, the jury at the Bandido trial heard the voices of several of the Toronto-area Bandidos as they made their way to Kellestine's farm on that day for a meeting.
The conversations, obtained by a police wire tap, covered the preliminary planning stages of the meeting right up to the front steps of Kellestine's Dutton-Dunwich home.
Kellestine, 59; and Frank Mather, 35, of Dutton-Dunwich; Brett Gardiner, 24, of no fixed address; and Michael Sandham, 39, Marcelo Aravena, 32, and Dwight Mushey, 41, all of Winnipeg have pleaded not guilty to eight counts of first-degree murder in the case the Crown has said is about lost loyalties and rival groups within the Bandidos in Canada.
The shooting victims were George Jessome, 52, of Toronto; George Kriarakis, 28, of Toronto; John Muscedere, 48, of Chatham; Luis Manny Raposo, 41, of Toronto; Frank Salerno, 43, of Etobicoke; Paul Sinopoli, 30, of Sutton; Jamie Flanz, 37, of Keswick; and Michael Trotta, 31, of Mississauga.
The phone conversations were part of an OPP wire tap for the Durham Regional Police investigating the murder of Keswick drug dealer Shawn Douse, who was found dead in December 2005.
OPP Det. Sgt. Jennifer Lockhart, who ran the wire room for the investigation, said Sinopoli and Jamie Flanz were some of their targets.
Through them police also were able to hear the voices of other Bandidos members who would die that night.
The conversation between Kellestine and Sinopoli pointed to a growing rift in the Canadian Bandidos chapter. Kellestine complained no one spoke to him anymore.
"What's up buds?" he asked. "Don't you love me no more?"
The conversations of April 6 and 7, 2006, first centred on a "barbecue" scheduled in downtown Toronto.
It soon became clear the group would be attending a "church" -- a name frequently used by biker gangs for their meetings -- that was planned at Kellestine's farm.
Sinopoli tried not to go. He told Flanz and Muscedere he had a bleeding ulcer and was under doctor's medication.
He also spoke to George Kriarakis, who told Sinopoli, "I don't think it's going to be too important."
But Francesco Salerno told Sinopoli the matters were urgent and he had to attend.
"You're on your last legs," he warned Sinopoli and ordered him to bring "dues" money.
During cross-examination of Lockhart, the jury also heard a wiretap conversation between Sinopoli and Alan Brake, a member of the Hells Angels, a rival gang of the Bandidos.
Sinopoli is heard calling Brake "brother" while they set up a meeting on March 31, 2006.
Gardiner's lawyer Christopher Hicks asked Lockhart if Douse's death "caused trouble between the Hells Angels and the Bandidos?"
The officer said she did not know.
The trial continues today.
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Bikers under police surveillance
Thu, April 16, 2009
Durham Regional Police were investigating a 2005 murder of a drug dealer
OPP Const. Perry Graham, on patrol in Elgin County the night of April 7, 2006, found it parked along the darkened rural road. He ran the licence plate and saw it was leased from the Toronto area. Then he walked up to the van's passenger window.
The window began to open as he approached. Graham identified himself as a police officer.
The man inside said he was a police officer, too.
Graham, who testified yesterday at the Bandido murder trial, had discovered part of a five-vehicle Durham Regional Police surveillance team that had been following two of the eight Toronto-area Bandidos who were found shot to death the following morning.
They were parked not far from the Dutton-Dunwich farm of Wayne Kellestine, 59, one of the six men who have pleaded not guilty to six counts of first-degree murder.
Along with Kellestine, Frank Mather, 35, also of Dutton-Dunwich; Brett Gardiner, 24, of no fixed address; and Michael Sandham, 39, Marcelo Aravena, 33, and Dwight Mushey, 41, all of Winnipeg are on trial in London.
The shooting victims were all believed to be connected with the Bandidos motorcycle club: George Jessome, 52, of Toronto; George Kriarakis, 28, of Toronto; John Muscedere, 48, of Chatham; Luis Manny Raposo, 41, of Toronto; Frank Salerno, 43, of Etobicoke; Paul Sinopoli, 30, of Sutton; Jamie Flanz, 37, of Keswick; and Michael Trotta, 31, of Mississauga.
They were found on April 8, 2006, in four vehicles along Stafford Line in Elgin County.
The head of the Durham surveillance team, Sgt. Gordon McDowell, testified the officers were covertly following a car from the Toronto area carrying Flanz and Sinopoli to Kellestine's farm along with a Volkswagen Golf.
The surveillance was part of an investigation into the December 2005 murder of Keswick drug dealer Shawn Douse. McDowell said there had been about 100 different surveillance shifts of numerous people.
On April 7, 2006, McDowell and his surveillance team began watching Flanz starting at 12:45 p.m. at his Keswick home.
Shortly before 6 p.m., Flanz drove to an address in Jackson's Point, where another police unit was watching Sinopoli.
The team of five followed the Infiniti down Hwy. 401 to Woodstock. When the SUV made a U-turn after turning off Sweaburg Road and back onto the 401 at about 9 p.m., McDowell said, the team "misplaced" the car.
About 30 minutes later, when McDowell was gassing up his car at the Esso service centre west of Woodstock, he saw both men sitting at the window of a restaurant with two other men.
Flanz and Sinopoli returned to the Infiniti, while the two other men got into a Volkswagen Golf.
They followed the Infiniti to Kellestine's farm on Aberdeen Line in Elgin County. The Golf and two more vehicles, including a tow truck, were seen going up the lane.
They boxed off potential exits on Aberdeen Line and stayed far back. They found out from the OPP wire room that was tracking cellphone calls that there were dogs on the property.
That's when Graham came across the mini-van that was part of the watch.
Graham, who knew of the Kellestine farm, came upon one of the five officers on the Durham team at about 11:30 p.m. He asked the officer to call him when the watch was ending so he could check on the area later.
About an hour later, the surveillance team ended their watch after McDowell said he determined there was nothing else for them to see that night.
The trial continues today.
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Ominous signs at Kellestine farm, jurors hear — read Bandidos Twitter updates here
Thu, April 16, 2009
By JANE SIMS AND KATE DUBINSKI, LONDON FREE PRESS
There were sinister signs of what happened in Wayne Kellestine’s ramshackle, junk-filled barn on Aberdeen line when OPP TRU team officers went in on Sunday, April 9, 2006.
On the dirty, dusty cement floor lay lawn mowers, pipes and buckets.
There were also reddish-brown stains smeared on the floor and small pools of liquid in the pits that dotted the old cement floor.
There was also what OPP Const. David Jones said “appeared to be a piece of flesh” about two centimeters long and bright blood spatter in an old wooden trough near a ladder that led to a loft.
Jones was the first police officer inside the barn after five people were taken into custody a day after eight men were found shot and stuffed into cars in rural Elgin County on Stafford Line.
He and seven other officers were assigned to clear the outbuildings on Kellestine’s property before investigators moved in.
Jones gave a detailed description of what he saw inside the “old and derelict” barn. Old fridges, freezers, coolers, couches, pipes, and generally what he described as “junk” was everywhere, making it difficult for officers to do a standard search.
“Everything looked old, dirty and dusty, Jones said.
But Jones also saw a bucket with a jug of bleach inside it. These two items, he said, were not dusty and old.
There were also two Confederate flags on the wall of the barn.
A radio scanner was found on top of a freezer and a piece of a walkie-talkie with the words “Fritz Sch” taped to the side of it was found outside at the back of the barn.
Jones and Const. Dean Croker also testified to seeing three people – two men, one woman – with buckets walking back and forth between the house and the barn in the hours before the arrests.
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Kellestine farm described for jurors
Fri, April 17, 2009
By KATE DUBINSKI AND JANE SIMS,LONDON FREE PRESS
The jury in the Bandidos trial got a closer look at Wayne Kellestine’s farm compound during testimony from two OPP officers who were part of the detail at the property following the discovery of eight dead men.
Two Tactics and Rescue Unit (TRU) officers described what they could see from their vantage points near Kellestine’s Dutton-Dunwich farm in the hours after the police had linked the shooting deaths to the property on April 8 and 9, 2006.
The jury was shown several photographs showing the white farmhouse, the fences and particularly the barn where the Crown has indicated where the fatal night began.
Const. Clare Shantz described watching the farm from his position with binoculars on Cowal Road on April 8, 2006.
He testified he saw two men walk out of the east door of the house and walk to a garage then return to the house. One was carrying a white bag and the other a tray.
They came out again and one man was seen searching along a fence line and “appeared to be looking for something,” Shantz said.
A photograph showed the fence line. In the foreground was a child’s swing set.
Both men were seen looking in the two cars parked near the house and headed to the barn.
They went inside, came out and headed to the west end of the building where Shantz said there was a cement water well.
One of the men — who had long, grey hair — went back to a beige car and was on his knees looking inside it.
There was also a search under the front porch. Later, he was seen walking down the laneway to lock a gate.
The next morning, Shantz said he saw three men carrying heavy plastic pails from the barn to the house.
Later on April 9, 2006, Shantz was at the farm shortly after five people in the house came out and were arrested. He said he searched and tie-wrapped Frank Mather.
He assisted in checking the outbuildings with other members of the TRU team.
He helped with barn and described seeing a browny-yellow floor that looked like it had been recently cleaned.
At one point, Shantz said he saw “what appeared to be brain matter” – that was about five centimetres long and on the floor.
Photos of the barn’s dilapidated exterior was shown to the jury. Shantz pointed out where he saw a walkie-talkie on the ground at the back of the building.
The jury also heard form Jon Goobie, another TRU officer, who watched the farm from a position northeast of the house on April 9, 2006. With his laser range finder, he measured he was 479 metres from the house.
He also saw three men go to the barn and two carried pails.
Goobie also saw dark smoke coming from the chimney for 19 minutes.
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Bandidos jury hears from wife of slain man
Tue, April 21, 2009
By JANE SIMS, AND JOHN MINER,LONDON FREE PRESS
Frank Salerno’s wife knew her husband had been a member of the Bandidos motorcycle club but she thought it was “like a member of a sewing club.”
“I didn’t know what it meant,” Stephanie Salerno testified yesterday.
Her husband, known as Bam Bam or Bammer, was one of eight men found shot to death on April 8, 2006 on a rural road in Elgin County.
All of them were associated with the Bandidos.
The woman was a Crown witness at the trial of six men who have pleaded not guilty to eight counts of first-degree murder — slayings, the Crown says that evolved from a deep rift within the motorcycle club and orders that patches had to be pulled from rogue members.
But Stephanie Salerno said she believed her husband wasn’t very involved, if at all, with the organization.
She knew he was involved with the Bandidos when they married on Oct. 12, 2002. “Part of the reason he loved me was he saw a better life,” she said.
The couple had an upscale home in Oakville, a dog and an eight-week old baby at the time of his death.
“He was very liked by all the neighbours and a terrific father for the time he had,” she said.
“He was a wonderful man.”
She denied knowing about the handgun found in his older model BMW that was found abandoned in a convenience store parking lot not far from their home.
And her explanation for their opulent dwelling was that her husband worked 50 to 60 hours a week washing trucks.
She told defence lawyer Christopher Hicks she was not present for conversations her husband had with victim Paul Sinopoli hours before their deaths or with Pierre Aragon, also known as Carlito, another Bandido member.
Stephanie Salerno described her final hours with her husband and her panic when he did not come home.
She last saw her husband on April 7, 2006. Her husband declared “I want to take my family out to dinner,”
They were on their way when his cellphone rang. Her husband’s cellphone had rung just after the couple made plans to go out.
Frank Salerno told his wife the call was from was his boss, Gabe, who asked him to come into work — a new job he had just started.
Stephanie Salerno said it wasn’t unusual for him to be called in on short notice. She encouraged him to go to work.
They ate at a Burger King restaurant and Stephanie Salerno said she felt sick.
The couple went home and Frank Salerno dropped her and their son off.
“Take care of your mommy,” he told his baby.
His wife realized he hadn’t taken his overalls. He left in their older model BMW that often broke down.
Stephanie Salerno said she woke up twice in the night to feed her son, and her husband wasn’t home.
On her way to work she saw his car parked just 10 minutes away, but couldn’t find her husband.
After she finished work, he still wasn’t home.
She filed a missing-persons report with Halton Regional Police.
The next day, she returned to the house from her parents’ home to retrieve clothing for her baby. She found a note on her door from “Carlos” or “Carlito.”
“If there’s anything I can do, give me a call,” it said.
Stephanie Salerno runs a hair salon and was just finishing a short maternity leave.
She testified she knew of Bandidos "T-shirts and stuff" found around the house, but the Bandidos people "were not part of their life."
Defence lawyer Christopher Hicks, who represents accused Brett Gardiner, suggested she was "wilfully blind" and their upscale lifestyle had been paid for from illegal funds generated from his biker activities.
"Not a penny," Stephanie Salerno said, noting all the credit cards were in her name.
The day before Frank Salerno was shot to death, she said she left her husband home with the baby while she ran errands.
When she finished, the couple was heading to dinner when Frank Salerno's cellphone rang. Salerno told his wife it was his boss, Gabe, calling him into work.
Frank Salerno dropped his wife and their son off at home before leaving. Stephanie Salerno testified she woke up twice in the night to feed her son and her husband wasn't home. She called his cellphone several times and there was no answer.
She filed a missing person's report late April 8, 2006.
Her testimony continues.
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BIKER DEATHS TRIAL
TheStar.com Ontario Bandidos defiant after ouster, trial hears
Bandidos defiant after ouster, trial hears
LONDON, Ont. — Three months before his murder, a Bandidos biker said life wouldn't be worth living, if Americans followed through with their threat to kick all Canadian members out of the outlaw motorcycle club, a mass murder trial heard.
"Our club is our life and there is nothing worth living for without it," John Muscedere, 48, of the Greater Toronto Area Bandidos said in an email to Bill Sartelle of the Bandidos Houston "Mother Chapter" or headquarters in January 2006.
He sent his email a week after he was told by email that he and the rest of the Canadian Bandidos were expelled from the international club.
Muscedere's email was introduced as evidence today in the trial of six men charged in the largest mass murder in modern Ontario history.
"I feel like a knife has been driven through my heart," Muscedere protested. "... There is no reason to take something the Canadian brothers value more than there (sic) life."
The bullet-riddled, beaten body of Muscedere, was found in an abandoned vehicle early on the morning of April 8, 2006, near a farmer's field near the hamlet of Shedden, about a half hour's drive west of London.
Also found shot to death and dumped in abandoned vehicles that morning were seven other men connected to the Greater Toronto Area Bandidos: Frank Salerno, 43, of Oakville; Jamie Flanz, 37, of Keswick: Paul Sinopoli, 30, of Jackson's Point; John Muscedere, 48, of Chatham; George Jessome, 52, Luis Manny Raposo, 41, and George Kriarakis, 28, all of Toronto and Michael Trotta, 31, of Mississauga.
Their Greater Toronto Area chapter of the Bandidos was nicknamed "The No Surrender Crew," and Muscedere vowed in the final months of his life that they would be true to their name and not quietly leave the club.
"Cut one we all bleed," Muscedere wrote in a Bandidos international message board. "I have been slashed. The No Surrender Crew will never surrender."
Court heard that Salerno described himself in an email to other Bandidos as "confused, dejected, emotionaly drained" when he got the news in an email from Sartelle on December 28, 2005, that the Canadians were no longer welcome in the international club.
Sartelle sent the Canadian bikers a terse email, telling them that the Americans were tired of trying to make contact with their Canadian "brothers."
The GTA bikers were ordered to return all club paraphernalia, including their club crests called the "Fat Mexican," a cartoon character of a Hispanic man brandishing a pistol and a machete.
"Canada charter is being pulled," Sartelle wrote the Canadian bikers. "Return all Bandido patches and property..."
Rather than quietly leave the club, the Toronto bikers instead tried to rally Bandidos from around the world to have an equal say on their fate.
"We would like a worldwide vote from all our brothers from around the world before we return our Bandido property," the Torontonians wrote in an email to bikers in Europe and Australia.
A January 16, 2006 email from Kriarakis noted that "Ontario is standing tall," indicating they were refusing to leave the club or return their paraphernalia, including club vests.
Kriarakis noted in an email to fellow club members in Texas that it was extremely difficult for them to go to the United States for club meetings.
"Give us a fair and reasonable chance," Kriarakis urged in an email.
Muscedere was more confrontational with the Americans.
"You are a peace (sic) of work," he told Sartelle by email.
Sartelle replied, ".. yes, I am a piece of work. And proud of who I am."
Another email, sent by Salerno on February 25, 2006, showed that the Toronto Bandidos were still refusing to quit the club, almost two months after they were ordered to leave.
Instead, they called for a "mandatory party" of Canadian Bandidos on March 18, 2006.
"We are Bandidos Canada," Salerno wrote. "Not Toronto or Winnipeg or Vancouver."
Bodies of the murdered bikers were found 14 kilometres from the farm of accused killer Wayne Kellestine, also a member of the GTA Bandidos.
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Bandidos jury to hear technical evidence today
Wed, April 22, 2009
By JOHN MINER, LONDON FREE PRESS
'Like . . . a sewing club'
After hearing that one of the slain bikers was a loving father and wonderful husband yesterday, the jury in the Bandidos murder trial today is expected to hear technical evidence today.
Yesterday the wife of shooting victim Frank Salerno testified she thought the Bandidos was much like a “sewing club.”
Stephanie Salerno denied that their upscale Oakville home was paid for by the proceeds from illicit activity.
This morning the jury is scheduled to hear testimony from OPP Det. Sgt. Bernard Miedema, who has been qualified as an expert witness.
Miedema’s specialty is in retrieving data hidden in computer files.
Salerno testified yesterday that her husband was always busy on his computer.
The words in capital letters spoke volumes about John (Boxer) Muscedere's state of mind.
"OUR CLUB IS OUR LIFE. THERE IS NOTHING WORTH LIVING WITHOUT IT," the Bandidos member wrote in an e-mail in early 2006.
Muscedere's words from the message flashed across the video screens in a London courtroom yesterday as part of an e-mail presentation for the jury at the Bandidos trial.
The basis of the Crown's case is that the men were shot after orders were given to pull their patches, the symbols of biker club membership, because of internal strife among Canadian Bandidos and conflict with their American counterparts.
The e-mail primer yesterday gave the jury a glimpse of what's expected today: a more detailed review of the computer correspondence between several Bandidos, pulled together by OPP Det. Sgt. Bernard Miedema, an expert in computer forensics.
There were terse e-mails from high-ranking American Bandidos angry at the lack of communication with their Canadian counterparts.
One e-mail from Dec. 28, 2005, from Bandido Bill -- identified by Miedema as Bill Sartelle, from Texas -- described how Bandidos USA had tried to communicate with their Canadian counterparts for a year and advised the Canadian Bandidos chapter "is being pulled."
Muscedere's responses were equally angry, calling Sartelle a "piece of work."
"There is no reason too (sic) take something the Canadian brothers value more than our lives," he wrote to Bandido Hawaiian Ken.
"I feel like a knife has been driven into my heart."
The trial continues today.
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Biker tensions took year to reach boil, emails reveal
Apr 23, 2009 06:55 PM
Peter Edwards
Staff Reporter
LONDON, Ont. – In the months before their murders, Toronto Bandidos bikers feared their clubmates more than traditional enemies like the Hells Angels, a mass murder trial heard today.
"Are we a dictatorship or a brotherhood?," John Muscedere, 48, asked in an email he sent to fellow bikers three months before his murder. "What have we become...?"
In another email sent in early 2006, Muscedere wrote to an American biker identified only as "Hawaiian Ken" that he felt betrayed by the club's Texas-based headquarters, or Mother Chapter.
In typically poor grammar, Muscedere wrote "Hawaiian Ken" that "my own brother have done what my enemies could never do without my death."
Muscedere was one of eight GTA bikers whose bullet-riddled bodies were found near the hamlet of Shedden early in the morning of April 8, 2006.
Another of the murdered Bandidos, Frank Salerno, 43, of Oakville wrote in an open email to Bandidos around the world that he felt betrayed to hear the Toronto Bandidos - known as the "No Surrender Crew" - were being kicked out of the international club because they lost contact with the club's Texas headquarters.
Salerno addressed his email to Bill Sartelle of the Bandidos in Texas, who had informed the Toronto bikers on Dec. 28, 2005 they were being expelled from the club.
"Bill, I don't know how we arrived at this point...," Salerno wrote. "What our adversaries have been trying to do for five years has been handed to them on a silver platter."
Also found in abandoned cars near Shedden were Paul Sinopoli, 30, of Jackson's Point, Jamie Flanz, 30,of Keswick, Michael Trotta, 31, of Mississauga and Torontonians George Jessome, 52, Luis Manny Raposo, 41, and George Kriarakis, 28.
Court heard that Manitoba members of a probationary Bandidos chapter quickly distanced themselves from the Torontonians when American Bandidos became angry.
"I am just hearing about a problem with Toronto," Michael Sandham of the Winnipeg Bandidos wrote to senior American Bandido Carlton Bare on January 4, 2006. "The day that I became part of this family was a great honour to me and my crew. I hope that this will not reflect on us. We have worked very hard out here for about a year and a half."
Sandham is one of six men charged with eight counts of first degree murder for the slayings.
He urged Bare to contact himself or another biker named "Wayne" if there were any troubles.
The bodies of the eight murdered bikers were found 14 kilometres from the farm of Bandidos member Wayne Kellestine, 59, of Iona Station, west of London. Kellestine is also charged with the murders, along with Winnipeggers Marcello Aravena, 33, Brett Gardiner, 24, and Dwight Mushey, 41 and Frank Mather, 35, of no fixed address.
Emails presented in court indicated that tensions simmered for more than a year between Canadian and American Bandidos before the murders.
At first, Raposo tried to reassure American bikers at the Bandidos "Mother Chapter" or headquarters in Houston that a lack of communication between the Canadians and Americans could easily be resolved.
Raposo emailed he Americans in November 2004 that "all is good but of course we have the odd problem (that could be) easily resolved."
Clearly, tensions between the Toronto bikers and the Texans had worsened by October 2, 2005, when Bill Sartelle of the Texas Bandidos emailed Raposo that the Americans were still frustrated by what they considered a lack of contact with the Canadians.
"There is no easy way to put this but, I have been instructed to contact someone in Canada and find out why we have been getting no contact," Sartelle emailed Raposo.
Sartelle makes it clear that the Americans are impatient with their Canadian biker "brothers."
"I want a hierarchy of who is still a Member in Canada and who questions should be directed to," Sartelle continues. "There is no time for non compliance (sic) with this e-mail... This must be remedied immediately."
The trial continues.-
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Jury sees e-mails showing rift in ranks of Bandidos
Thu, April 23, 2009
By JANE SIMS AND JOHN MINER,LONDON FREE PRESS
The jury at the Bandido trial is seeing e-mail correspondence indicating the growing divide between the top level American hedquarters and the Canadian chapter.
The first signs of problems begin in November, 2004, when the Americans were demanding answers from the Canadian counterparts about lack of contact.
A year later, the decision from the United States appeared clear in an e-mail sent out after months of frustration:
"To Whom It May Concern: For the past year or more, we BMC USA have attempted to make communications with Canada. We have directed face to face visits from whoever is in charge up there. Up till now there has been no visit from the proper person.
"It has been decided that due to a lack of communication Canada's charter is being pulled."
Bandido patches and property were ordered returned to Bandido Bill Sartelle in Texas.
"In approximately 30 days we will make notification to all that we no longer have a Chapter in Canada and that any person wearing our Patch in Canada is not sanctioned
The notice was dated Dec. 28, 2005.The jury saw reply e-mails from victim John “Boxer” Muscedere.
“Your a peac of work,” he wrote.
Sartelle wrote to Muscedere that “it is not my decision alone,” and demanded a personal meeting.
Muscedere e-mailed Bandido ‘Hawaiian Ken’ upset at the American decision.
“There is no reason too take something the Canadian brothers value more than there own lives,” he wrote.
“When a brother is down you reach out your hand too help him up not kick him.”
Muscedere said “I feel like a knife has been driven in my heart .
“Would you beleave it, my own brothers has done what my enemys could never do without my death.”
Another e-mail form victim Frank Salerno to Sartelle described how the tightening up of security at the U.S.-Canadian border had made it imposible for Muscedere — identified as the Canadian chapter president — to visit the Amercian chapter.
Salerno said Muscedere tried five times to get into the United States.
“Are we a dictatorship or a brotherhood?” he wrote.
Salerno wanted a worldwide vote taken before the Canadian Bandidos gave back any biker property.
Before the decree was made to pull the Canadian chapter, there was evidence that the Americans were trying to get information without much success.
There were demands for a membership list, dues and a request as to what happened to 60-plus patches sent to the Canadian group.
The e-mails over the year became more terse.
But there was one from Michael Sandham, one of the accused from Winnipeg, who said he didn’t know about the problems with the Toronto-based chapter.
“I hope that this not reflect on us, we have worked very hard out here for almost a year and a half. We are in the middle of the othersides exclusive area and have had to earn our status here in Manitoba.
“The day I became part of this family was a grat honor for me and my crew. I hope that we can work together to remedy this situation.”
The trial continues this afternoon.
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Emails show tensions between U.S. and GTA biker chapters
Apr 24, 2009 05:44 PM
Peter Edwards
Staff Reporter
LONDON, Ont.–Tightened American border security after the 9/11 terrorist attacks made it tough for Canadian and American members of the Bandidos outlaw biker club to meet face to face, a mass murder trial heard.
"What are we to do (sic)," Toronto Bandido Frank Salerno, 43, emailed a Texas Bandido identified only as "Pervert" on Jan. 16, 2006. "Since the 9/11 tradgedy (sic) our borders have tightened and anyone with a criminal record is undesirable."
Salerno is one of the eight members of the Toronto chapter of the Bandidos whose bullet-riddled bodies were found near the hamlet of Shedden early in the morning of April 8, 2006.
Emails released in court provide an inside look at the secretive, often angry inner politics of the world's second biggest outlaw motorcycle club. The Hells Angels club is the largest.
Court has heard that bikers in the Bandidos' Texas headquarters – or "Mother Chapter" – were increasingly incensed with the Greater Toronto Area Bandidos for not visiting them regularly, while the Canadians protested they were continually turned back at the border.
In late December 2005, the GTA Bandidos were told they were being kicked out of the international motorcycle club because they hadn't maintained contact with their biker "brothers" in Texas.
In his Jan. 16, 2006 email, Salerno protested to Pervert that the Canadians didn't deliberately snub the Americans, and noted that Canadian Bandidos president John (Boxer) Muscedere had tried five times to enter the U.S. to visit his clubmates.
"There must be another place in this world to meet," Salerno wrote Pervert.
"We have no problem getting into Mexico, Europe...You know getting to the U.S. is virtually impossible."
Muscedere's lifeless body was also found April 8, 2006, along with the bodies of Paul Sinopoli, 30, of Jackson's Point, Jamie Flanz, 30,of Keswick, Michael Trotta, 31, of Mississauga and Torontonians George Jessome, 52, Luis Manny Raposo, 41, and George Kriarakis, 28.
Three months before his murder, on January 6, 2005, Muscedere emailed the Texas Bandidos that the lack of communication wasn't one-sided, and that the American Bandidos didn't bother to come north to Canada for club functions, including funerals of murdered members.
"We are a Small yet fierce brotherhood. Of Twenty members we have managed to not only visit our American brothers while they are five hundred strong in the USA and have not managed to visit us once," Muscedere wrote.
Muscedere continued that he was unable to cross the border because of his criminal record, and the Americans wouldn't accept a delegate in his place.
Texas Bandido Bill Sartelle wrote Salerno on Jan. 6, 2006 to say that he did visit Canada to help set up the club, and was arrested by police.
"I was there when it started and spent several hours in the back of the police truck in the snow, remember?" Sartelle wrote.
He told Salerno that emails weren't enough for proper communication between the Canadian and American bikers.
"There are many conversations that need to take place... in person," Sartelle wrote.
Vehicles holding the eight murdered bikers were found 14 kilometres from the farm of Bandidos member Wayne Kellestine, 59, of Iona Station, west of London. Kellestine is also charged with the murders, along with Winnipeggers Marcello Aravena, 33, Brett Gardiner, 24, and Dwight Mushey, 41, and Frank Mather, 35, of no fixed address.
On May 6, 2006, Pervert emailed Sandham and another Canadian biker identified as "Carlito," and referred to Kriarakis by his nickname of "Crash" and Sinopoli as "Big Paulie".
"I wanted to let you know some Canadian police were down here in Texas for a few days gathering any info on our Canadian chapter," Pervert wrote. "As yall (sic) know we know nothing about Canada, and hopefully that will change. They are working on the murder cases. To be expected in a case that large with that much media. We told them everything we knew which is nothing other than we don't have a clue what goes on in Canada and we had only met like one that was still in the club "Crash" and no (sic) he is dead. Wanted to know if we knew big paulie and we didn't and unfortunately never will."
Sandham emailed Pervert on May 15, 2006, bubbling with enthusiasm.
"From now on Canada will be run the TRUE BANDIDO WAY!!," he wrote.
The same day, Pervert instructed him that the Bandidos are bikers, not criminals.
"Who we are not is CRIMINALS," Pervert wrote. "There may be a few scattered here and there like every org. but we are a motorcycle club with riding principals first. Being a criminal street gang and thug will only end with troubles."
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BANDIDOS TRIAL: It was four months before eight of them were shot to death
Angry e-mail exchanges preceded biker slayings
Jane Sims
London Free Press
April 24, 2009
The last straw for the Toronto chapter of the Bandidos seemed to break four months before eight of them were shot to death.
"It has been decided that due to a lack of participation, Canada's Charter is being pulled. Effective immediately," was the message from the Bandidos' American headquarters in Texas.
"In approximately 30 days we will make notification to all that we no longer have a Chapter in Canada and that any person wearing our Patch in Canada is not sanctioned."
An array of e-mails, beginning in November 2004, was shown to the jury yesterday at the trial of six men who have pleaded not guilty to eight counts of first-degree murder.
The eight victims were associated with the Toronto chapter of the Bandidos motorcycle club.
Their bullet-riddled bodies were found on April 8, 2006, on a rural Elgin County road.
The correspondence shown yesterday shed some light on the failing loyalties and conflicts between the Toronto chapter and Bandido headquarters and the troubles between Toronto and the fledgling Winnipeg chapter.
The Texas e-mails expressed frustration with Toronto's minimal contact with the Americans. They wanted to know what had happened to the 60-plus patches sent to them and where the money was for dues. They demanded regular communication and a face-to-face meeting.
But members of the Toronto chapter insisted they had tried to fulfil their obligations and they found it difficult to enter the United States because of strict border regulations after the Sept. 11, 2001, terror attacks.
Muscedere, the chapter president, had tried to cross the border five times.
"He was turned down every time and the last time detained until he was deemed an undesirable and escorted back to Canadian soil," Salerno wrote to Bandido Bill Sartelle in Texas in January, 2006.
In an e-mail from the No Surrender Crew -- the name given to the Toronto chapter -- there was a call for a worldwide vote before returning any Bandidos property.
"As a whole we still whole heartedly believe as the No Surrender Crew that it is better to die on out feet then (sic) live on our knees," it said.
Muscedere e-mailed Bandido Hawaiian Ken, upset at the American decision.
"Would you beleave (sic) it, my own brothers has(sic) done what my enemys (sic) could never do without my death."
Before the decree was made to pull the Canadian chapter, there was evidence the Americans were trying to get information about what was happening north of the border, but without much success.
Michael Sandham, one of the accused from Winnipeg, told Texas in an e-mail he didn't know about the problems with the Toronto-based chapter. "I hope that this not reflect on us, we have worked very hard out here for almost a year and a half. We are in the middle of the othersides (sic) exclusive area and have had to earn our status here in Manitoba. The day I became part of this family was a great honor for me and my crew. I hope that we can work together to remedy this situation."
One unusual romantic e-mail was found in a computer at Wayne Kellestine's home dated April 5, 2006, just days before the killings.
The Crown alleges Brett Gardiner wrote a love poem to a person called Jessica. "We kissed and held each other very near; The beatings of our hearts was all we could hear; Then we walked away, hand-in-hand; We had just entered dreamland," part of it read.
With Sandham and Gardiner, the accused are Kellestine, 59, and Frank Mather, 35, Dutton-Dunwich; and Marcelo Aravena, 33, and Dwight Mushey, 41, of Winnipeg.
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Sandham sold self as saviour of chapter
Sat, April 25, 2009
By Jane Sims
Michael Sandham portrayed himself as the guy in charge and the Bandido biker with the plan to save the organization in Canada.
A month after eight men connected to the Toronto chapter of the gang were found shot to death in Elgin County on April 8, 2006, Sandham was busy dissing a remaining Toronto Bandido, recruiting more members for the Winnipeg chapter and schmoozing with the American superiors to boost his status within the organization.
He used e-mail addresses with aliases, switching back and forth in a trail shown to the jury yesterday at the first-degree murder trial of six men, including Sandham.
Everything began to crumble in early June 2006 after Sandham went to Texas to visit Bandido leaders. They discovered Sandham, known as Bandido Taz, was an ex-police officer.
"Taz was here in Houston last week. Within 10 hours of meeting him, the OPP and Biker Enforcement Unit from Canada was at my door," wrote "Bandido Jeff" in a stern e-mail ordering the suspension of all Bandido membership in Canada.
"As it turns out, Taz is or was a police officer in Winnipeg. When asked about it, he said 'Everybody in Toronto knew about it and didn't have a problem with it.' WE DO NOT HAVE OR NEVER WILL HAVE COPS OR EX-COPS IN OUR CLUB!!!"
Through the testimony of OPP Det. Sgt. Bernard Miedema, a computer forensics expert, the jury was shown the correspondence that hinted at the ultimate downfall of the Canadian biker gang.
The e-mails show Sandham was recruiting to the Winnipeg chapter, collecting money and charting a new Bandido club course in May 2006.
Meanwhile in Toronto, a Bandido known as Carlito, identified to the jury as Pierre Aragon, was trying to salvage what was left of the No Surrender Crew -- the name given to the Toronto chapter -- and find more members.
And both Sandham and Aragon were trying to denigrate the other in the eyes of their American superiors.
All appeared to be bewildering to the Americans, who seemed at a loss as to why two members of their brotherhood were at each other's throats.
Carlton Bare, known as Bandido Pervert in Texas, was told Aragon and others who had been in the Toronto chapter never owned motorcycles and did not ride, a direct violation of the group's bylaws.
The trial continues Tuesday.
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Twelve computers seized from Kellestine farm, jury told
Tue, April 28, 2009
By JANE SIMS
LONDON FREE PRESS
Twelve computers were seized from Wayne Kellestine's farm house in the days following the shooting deaths of eight men, a jury was told Tuesday.
That was one of the revelations during a cross-examination of an expert witness who sourced the voluminous e-mails presented at the Bandidos trial of six men who have pleaded not guilty to eight counts of first-degree murder.
OPP Det. Sgt. Bernard Miedema, who returned to the witness box after two days of testimony last week, said he could attest to the accuracy of the printed material he was given to assess, but he couldn't vouch whether the messages were true, accurate or complete. The volume of e-mails hints at the growing rifts within the Bandidos motorcycle club in the months before the eight members of the Toronto chapter, known as the No Surrender Crew, were found shot to death on a quiet Elgin County Road.
Kellestine, 59, and Frank Mather, 35, of Dutton-Dunwich; Brett Gardiner, 24, of no fixed address; and Michael Sandham, 39, Marcelo Aravena, 33, and Dwight Mushey, 41, of Winnipeg have pleaded not guilty to eight counts of first-degree murder. The shooting victims were George Jessome, 52, George Kriarakis, 28, John Muscedere, 48, Luis Raposo, 41, Frank Salerno, 43, Paul Sinopoli, 30, Jamie Flanz, 37, and Michael Trotta, 31.
The Crown alleges the men were shot at Kellestine's farm and driven to Stafford Line where they were found on April 8, 2006.
Gardiner's defence lawyer Christopher Hicks focused in on a love poem found on one of the computers taken from Kellestine's house. The Crown contends the poem was written by Gardiner.
Hicks suggested the computer was seized from Kellestine's young daughter's room.
Miedema said he could not confirm where in the house the computer was, and was only called upon to analyse the data. A photograph of the room showed an upstairs bedroom with some stuffed dolls.
The e-mail address was evolution_bull@hotmail.com, an address the Crown says was Gardiner's. Miedema told Hicks he could not come to a conclusion about the e-mail. Hicks also suggested to Miedema that there is a Shane Gardiner involved in the case. The jury also got a look at a short video from the London Airport from late March 2006, just days before the deaths, showing the arrival of Aravena on a Westjet flight. Other accused could be seen picking him up. The trial continues today.
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Victim asked to be buried in Bandidos club vest
Thu, April 30, 2009
Jury views several exhibits
By JANE SIMS, LONDON FREE PRESS
The knock on the door from the police was to tell Paul Sinopoli's parents in Jacksons Point, north of Toronto, of their son's violent death.
His parents already had surmised the tragic truth -- his mother had recognized her large son in news reports as one of eight men found dead the day before, along Elgin County's Stafford Line on April 8, 2006.The couple took Durham Regional police Det. Tom Dingwall, a homicide detective who testified yesterday in London at the first-degree murder trial of six men, to their son's bedroom.His parents had gathered up a bin full of items they believed the police would want to see.
The Superior Court jury saw some evidence yesterday, much related to the Bandidos motorcycle club Dingwall said Sinopoli and Flanz were already under police investigation for the murder of Keswick man Shawn Douse. Sinopoli's mother handed over the items willingly.
"She wanted to know the truth about what happened to Paul and if he was involved in the murder of Shawn Douse," Dingwall said.
He testified he didn't know how much evidence he had until he looked through the bin.Sinopoli's birth certificate and phone bills were shown to the jury, along with Bandido patches, jewelry and business cards. Photographs of Sinopoli's "very large" Bandidos vest were put up on the video screen. Dingwall said the police gave the vest back to the family after police processed it, so his final wishes could be met."Paul Sinopoli wished to be buried in his vest," he said.
Dingwall presented a large group of documents, some typed and some handwritten. There were Bandidos personal information forms for himself, Cameron Acorn, Wayne Kellestine, and victim John Muscedere.Also found was a handwritten piece of paper with information about Eric Niessen, describing him as a "hangaround", starting Sept. 29, 2004. There were three pages of Bandidos bylaws, an instruction sheet for patch placement on a vest and a price list for patches.Sinopoli had an expired permit to carry a restricted weapon that ran out in 1997. It was part of his requirement for a former job as a security guard.
Dingwall showed a six-page list of Bandido "El Secretarios" in a USA Secretary List. He described a large number of notes, mostly handwritten, that appeared to be minutes of meetings held by the Bandidos chapter in Toronto. The lists included names of victims and a couple of the accused.
"Boxer brought up Bob and Paul as Canada and brought up Winnipeg," read a March 3, 2003 entry. "Irish has a list of prospect duties," read one from Feb. 4, 2005."Wayne talked about london (sic) and issues in london (sic)," said a note from the April 10, 2005 minutes.
There were notes about men getting patches, moving up to probationary status and paying dues.
"Everyone needs a bike or out of the club," read a notation attributed to "Boxer," Muscedere's nickname.
"Chopper spoke about incident in london (sic), read part of the minutes from Aug. 21, 2005.
Sinopoli also had a collection of Bandidos motorcycle club Christmas cards from around the world. Dingwall also showed some Bandidos-related items found at Flanz's Keswick townhouse during searches Feb. 3, 2006 -- two months before the deaths-- then on April 12 and April 26, 2006. One item was a business card for Triple K Securities. "Ask for Wayne," it said. On the back was written WayneK SS 1%er.
The jury also heard a collect phone call made by Gardiner after his arrest, calling Amy Gardiner and asking her to search the Internet for various Bandidos websites and information. "I'm starting to get annoyed," Gardiner said. "People are telling me (expletive). I can't believe no one now, you know."
The trial continues today.
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Bandido suspected of being police officer, trial hears
Crime Stoppers
Apr 28, 2009 08:51 PM
Peter Edwards
Staff Reporter
LONDON, Ont.–LONDON, Ont.-Accused mass murder Michael (Taz) Sandham impersonated another outlaw biker on the Internet to send out glowing underworld references for himself, court heard today.
Court heard that Sandham, 37, used an email address almost identical to that of fellow Winnipeg Bandido Dwight (D) Mushey, 41, so that he could impersonate Mushey in online conversations with other outlaw bikers. They are among six people charged in the April 8 slaughter of eight men connected to the Bandidos.Biker emails introduced as evidence provide an inside look into the secretive, often-turbulent inner world of the gang in the months before and after the bullet-riddled bodies were found in abandoned vehicles on April 8, 2006 near a cornfield outside the hamlet of Shedden, west of London.Mushey, a massive, pony-tailed man in a well-tailored sports jacket, glowered as the emails were introduced as evidence during the testimony of Det.-Sgt. Bernard Miedema, an Ontario Provincial Police computer expert.Sandham, a smallish, balding former Winnipeg-area police officer, sat out of Mushey's line of sight, at the far end of the prisoners' box.
In one email introduced in court, Sandham pretends to be Mushey when he emails Bandido Pierre (Carlitto) Aragon of Oakville.
"Hey Carlitto," Sandham emails Aragon on June 7, 2006. "it's (sic) D here. Things are really (expletive) up. For one thing, Taz is not a cop nor has he ever been one."Police officers and former police officers are barred from membership in the biker club.In the email, in which Sandham pretends to be Mushey, Sandham gave a glowing reference for himself."Two of us have known him since he was in the Army a total of 16 years," Sandham emails Aragon. "... We back him 100% and have good reasons too. He doesn't keep anything from us."
In another email, Sandham poses as Mushey - or "Bandido D" - to a senior American Bandido known as "Bandido Pervert," based in Texas.
That email was sent the same day the Texans in the Bandidos told the Canadians that they had been kicked out of the outlaw biker club.
"Hello Bandido Pervert," Sandham writes, posing as Mushey. "what just happened? Taz is not a cop nor was he ever a real one, VERY FAR from it. Two of use have known him since he was in the Army, he is not a cop!" Sandham and Mushey each face eight first-degree murder charges, along with fellow Winnipeggers Marcello Aravena, 33, and Brett Gardiner, 24, and Wayne Kellestine, 59, of Iona Station and Frank Mather, 35, of no fixed address.
Found shot to death were John Muscedere, 48, of Chatham; Frank Salerno, 43, of Oakville; Jamie Flanz, 37, of Keswick: Paul Sinopoli, 30, of Jackson's Point; George Jessome, 52, Luis Manny Raposo, 41, and George Kriarakis, 28, all of Toronto and Michael Trotta, 31, of Mississauga. The bodies were found 14 kilometers from Kellestine's farm.
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Slain Bandido lived modestly, court hears
Apr 30, 2009 12:54 PM
Peter Edwards
Staff Reporter
LONDON, ONT. – Murdered Bandidos biker Paul Sinopoli lived modestly in a basement apartment in his parents' home in Jackson's Point, a mass murder trial heard. "He certainly didn't appear to be living a lavish lifestyle," Det. Tom Dingwall of Durham Regional Police testified today.
"It was a very plain room for the most part," Dingwall said in the trial of six men accused of murdering Sinopoli, 30, and seven other men connected to the Greater Toronto Area chapter of the Bandidos Motorcycle Club, nicknamed "The No Surrender Crew."
Sinopoli's bullet-riddled body was found in an abandoned sport utility vehicle on the morning of April 8, 2006, left near the hamlet of Shedden.
No guns, drug paraphernalia or items of much value were found in Sinopoli's room, court heard.
There were scattered papers related to his position as secretary-treasurer of the Toronto chapter of the club, with brief notations by the names of members. By the names of members who were promoted within the club was the notation, "owes a case of beer."
Sinopoli appeared to have three cellphone accounts, and there were also two black leather vests with the "Fat Mexican" crest of the Bandidos club. One of the club vests was massive, belonging to Sinopoli, whose was estimated to have weighed around 400 pounds.
The ownership of the other vest was unknown, Dingwall said. The massive vest was returned to Sinopoli's family, so that he could be buried in it, Dingwall said. "It was Paul's wish to be buried in the vest," Dingwall testified.
Found near Sinopoli's body in other abandoned vehicles were the bodies of Jamie Flanz, 37, of Keswick: John Muscedere, 48, of Chatham; George Jessome, 52, Luis Manny Raposo, 41, and George Kriarakis, 28, all of Toronto; Frank Salerno, 43, of Oakville; and Michael Trotta, 31, of Mississauga.Court heard that Durham Regional Police had been investigating Sinopoli for playing a role in the December 2005 murder of Shawn Douse of Keswick.Assistant Crown Attorney Fraser Kelly asked Dingwall if Douse has been an associate or member of the Hells Angels, the world's largest outlaw motorcycle club."Absolutely not," Dingwall replied.Court has heard that Sinopoli had a friendly relationship with some York Region Hells Angels.
The police investigator said that the Douse murder was rooted in personal tensions between Cameron Acorn of the No Surrender Crew and Douse."The dispute involved Shawn Douse providing drugs to Cameron Acorn's girlfriend's sister," Dingwall replied.
Facing eight first degree murder charges each are GTA Bandido Wayne Kellestine, 59, of Iona Station, west of London; Winnipeggers Michael Sandham, 39, Marcelo Aravena, 33, Brett Gardiner, 24, and Dwight Mushey, 41; and Frank Mather, 35, of no fixed address.
The trial continues.
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Bandidos gang had all kinds of rules, jury hears
Tue, May 5, 2009
By JANE SIMS, LONDON FREE PRESS
For a group of men who don't want to live by the rules of society, the Bandidos have a lot of rules.
Lists of bylaws and a Bandidos creed were introduced to the jury at the Bandido trial today that outlined what it meant to be a member of the motorcycle club.
OPP Det. Const. Craig Pulfrey from the provincial biker enforcement unit is testifying at the trial of six men who have pleaded not guilty to first-degree murder in the deaths of eight Bandido bikers found shot to death along an Elgin County Road on April 8, 2006.
Pulfrey is offering his expert opinion — his specialty is the Bandidos — and guiding the jury through a crash course on the rules and regulations of the club.
Pulfrey was not part of the investigation before the court. He was kept an arm's-length away so he could assess the information gathered at trial.
Pulfrey, who has been with the unit since 1998, described attending several "runs" — where bikers ride together in a show of strength — funerals and other parties.
He has checked attendees at parties as they arrive, handled police agents providing information, had covert meetings with confidential sources, done surveillance and undercover work and given instruction to other police officers.
He told the jury through questions from assistant Crown attorney Fraser Kelly, he is well-versed in the Bandidos culture.
Some of the terms Pulfrey reviewed were:
— the "patch," the name given to a fully patched vest of a full member that is considered "the most important item in the world." The patch is not availabel to the public and can only be purchased through national headquarters in Texas. There are strict guidelines as to how the patches were to be placed on a leather vest.
— a 1%er, a moniker adopted by members of motorcycle clubs to signify they are the one-percent of the population that lives outside the law. A 1%er patch is placed over the heart of a full member's vest.
— Probationary and prospect members, who are not full-patch members trying to attain their full membership. Prospect members are at the entry level and are at "the beck and call" of full-patch members. "The expectation is that he is to complete any task given to him," said Pulfrey.
— "No colours in a cage," meaning a Bandido can't wear their full patch inside a closed vehicle.
— BFFB which means Bandidos Forever Forever Bandidos
Pulfrey said he saw some of the victims in the case at some of the events he attended as part of his investigative work.
He began attending Bandido international runs in Red River, New Mexico in 2000 and listed other runs in Colorado, Arizona and South Dakota.
He was there when the Canadian Bandidos were given their Probationary Bandido status.
In 2001, in Kingston, when the Canada chapter was given full-chapter status, Pulfrey was part of a police detail that led to the arrest of some Americans, including a Bandido named Edward Winterhaller, also known Connecticut Ed.
Pulfrey was in Quebec for the funerals of Robert Leger, known as Bandido Tout Tout and Sylvain "Bandido Sly" Gregoire.
Pulfrey also described seeing victims Kriarakis, Muscedere and Sinopoli at the funeral of Joey Campbell, known as Bandido Crazy Horse, in Edmonton.
Pulfrey described a long conversation with U.S. national president Jeff Pike at one of the American runs.
Pulfrey also told the jury he was in Edmonton when another group, the Death's Hand, became a probationary chapter of the Bandidos. Pulfrey noted it appeared the Bandidos did not have enough membership patches because they were given only Bandido T-shirts.
Pulfrey also noted a document taken from Mushey's home showing the dimensions of patches that indicated to Pulfrey that they were "patches to be made."
Six men have pleaded not guilty to first-degree murder — Wayne Kellestine, 60, and Frank Mather, 35, of Dutton-Dunwich; Brett Gardiner, 24, of no fixed address; and Michael Sandham, 39, Marcelo Aravena, 33, and Dwight Mushey, 41, of Winnipeg.
The shooting victims were George Jessome, 52, George Kriarakis, 28, John Muscedere, 48, Luis Raposo, 41, Frank Salerno, 43, Paul Sinopoli, 30, Jamie Flanz, 37, and Michael Trotta, 31.
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Biker expert testifies at Bandidos trial
May 05, 2009 01:22 PM
Peter Edwards
Staff Reporter
LONDON, Ont. — Accused mass murderer Wayne Kellestine said old ladies and children have nothing to fear from outlaw bikers like himself, a murder trial heard.
"It's a code of honour of the society that we live in that old ladies and children aren't to be .. molested," Kellestine said in a conversation with a police officer, after he was arrested and charged with eight counts of first degree murder.
The words of Kellestine, 60, were revealed to the jury today during the testimony of Ontario Provincial Police biker expert Det. Const. Craig Pulfrey, who has monitored the Bandidos Motorcycle Club for a decade.
Pulfrey told court that Kellestine's "society" was that of outlaw motorcycle clubs, who call themselves "one per centers" because they consider themselves to be the one per cent of motorcycle riders who chose to live outside of the law.
"It's like a religion," Pulfrey said. "A total way of life. It's not just what you decide to do. It's who you are."
Court heard that murder victim John Muscedere, 48, of the Greater Toronto Area Bandidos had "1 %" tattooed over his heart.
To wear a "1 %" patch or tattoo, or to sign "1 %" after your name, you have to be a proven full member of an outlaw motorcycle club, Pulfrey told court.
"It's very serious in this subculture," Pulfrey told the court.
Muscedere's bullet-riddled body was found in an abandoned vehicle early in the morning of April 8, 2006, near the tiny hamlet of Shedden, west of London.
Also found in vehicles left by a farmer's field were the murdered bodies of Paul Sinopoli, 30, of Jackson's Point; Jamie Flanz, 37, of Keswick: John Muscedere, 48, of Chatham; George Jessome, 52, Luis Manny Raposo, 41, and George Kriarakis, 28, all of Toronto; Frank Salerno, 43, of Oakville and Michael Trotta, 31, of Mississauga.
Court heard that full club members are considered to have their "patch," meaning they've earned the right to wear the club's logo on their backs and to sign "1 %" after their names.
Court heard from an email written by Kellestine in which he explained that members were demoted in outlaw motorcycle clubs from full "patch" status for good reasons.
"I'd like to mention something here about .. old school and what I believe An MC (motorcycle club) is ... : HEART AND LOYALTY. Have it or (expletive) off. Need I say more. Brother if someone should lose their patch and be demoted to Prospect, there is a reason for that. You (expletive) up."
Facing eight first degree murder charges each are Bandidos Wayne Kellestine, 60, of Iona Station, west of London; Winnipeggers Michael Sandham, 39; Marcelo Aravena, 33, Brett Gardiner, 24, and Dwight Mushey, 41 and Frank Mather, 35, of no fixed address.
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Bandidos gang had all kinds of rules, jury hears
Tue, May 5, 2009
By JANE SIMS, LONDON FREE PRESS
For a group of men who don't want to live by the rules of society, the Bandidos have a lot of rules.
Lists of bylaws and a Bandidos creed were introduced to the jury at the Bandido trial today that outlined what it meant to be a member of the motorcycle club.
OPP Det. Const. Craig Pulfrey from the provincial biker enforcement unit is testifying at the trial of six men who have pleaded not guilty to first-degree murder in the deaths of eight Bandido bikers found shot to death along an Elgin County Road on April 8, 2006.
Pulfrey is offering his expert opinion — his specialty is the Bandidos — and guiding the jury through a crash course on the rules and regulations of the club.
Pulfrey was not part of the investigation before the court. He was kept an arm's-length away so he could assess the information gathered at trial.
Pulfrey, who has been with the unit since 1998, described attending several "runs" — where bikers ride together in a show of strength — funerals and other parties.
He has checked attendees at parties as they arrive, handled police agents providing information, had covert meetings with confidential sources, done surveillance and undercover work and given instruction to other police officers.
He told the jury through questions from assistant Crown attorney Fraser Kelly, he is well-versed in the Bandidos culture.
Pulfrey said he saw some of the victims in the case at some of the events he attended as part of his investigative work.
He began attending Bandido international runs in Red River, New Mexico in 2000 and listed other runs in Colorado, Arizona and South Dakota.
He was there when the Canadian Bandidos were given their Probationary Bandido status.
In 2001, in Kingston, when the Canada chapter was given full-chapter status, Pulfrey was part of a police detail that led to the arrest of some Americans, including a Bandido named Edward Winterhaller, also known Connecticut Ed.
Pulfrey was in Quebec for the funerals of Robert Leger, known as Bandido Tout Tout and Sylvain "Bandido Sly" Gregoire.
Pulfrey also described seeing victims Kriarakis, Muscedere and Sinopoli at the funeral of Joey Campbell, known as Bandido Crazy Horse, in Edmonton.
Pulfrey described a long conversation with U.S. national president Jeff Pike at one of the American runs.
Pulfrey also told the jury he was in Edmonton when another group, the Death's Hand, became a probationary chapter of the Bandidos. Pulfrey noted it appeared the Bandidos did not have enough membership patches because they were given only Bandido T-shirts.
Pulfrey also noted a document taken from Mushey's home showing the dimensions of patches that indicated to Pulfrey that they were "patches to be made."
The trial continues this afternoon
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Bandidos creed big on club rules
Wed, May 6, 2009
By JANE SIMS, LONDON FREE PRESS
For a bunch of guys who don't want to live by the rules of society, the Bandidos have a lot of rules.
It's not just a motorcycle club for enthusiasts, but a way of life and a religion of sorts that requires strict adherence and reverence.
The tenets of that organized faith were reviewed yesterday by a police officer with expertise in motorcycle clubs and a special interest in the Bandidos.
Lists of bylaws and a Bandidos creed that identifies a Bandido as someone "who has given up on society and politicians' one-way laws" were introduced to the jury at the Bandidos trial by OPP Det. Const. Craig Pulfrey from the provincial biker enforcement unit.
"All members are your brothers and your family," one line of the creed reads.
Pulfrey was testifying at the trial of six men -- Wayne Kellestine, 60, and Frank Mather, 35, of Dutton-Dunwich; Brett Gardiner, 24, of no fixed address; and Michael Sandham, 39, Marcelo Aravena, 33, and Dwight Mushey, 41, of Winnipeg -- who have pleaded not guilty to first-degree murder in the deaths of eight Bandido bikers found shot to death along an Elgin County Road April 8, 2006.
The shooting victims were George Jessome, also known as Jesso, 52, George Kriarakis, 28, John Muscedere, 48, Luis Raposo, 41, Frank Salerno, 43, Paul Sinopoli, 30, Jamie Flanz, 37, and Michael Trotta, 31.
Pulfrey, a member of the biker enforcement unit since 1998, guided the jury through a course on the rules of the club -- expertise he collected after immersing himself in biker culture and watching their activities.
He has been to more than 30 "1%er" or outlaw motorcycle club functions.
He described attending several "runs" -- where bikers ride together in a show of strength -- funerals and other parties in Canada and the United States. He has checked attendees at parties as they arrive, handled police agents providing information, had covert meetings with confidential sources, done surveillance and undercover work and given instruction to other police officers.
And he identified some of the victims he had watched or spoken to.
"It's like a religion," he told the jury.
Some of the terms Pulfrey reviewed were:
-- The "patch," or "colours," the name given to a fully patched vest of a full member that is considered "the most important item in the world." The patch is not available to the public and can only be purchased through national headquarters in Texas. There are strict guidelines on placing a patch on a leather vest.
-- A 1%er, a moniker adopted by members of motorcycle clubs to signify they are the 1% of the population that lives outside the law, a term coined after the Second World War at a American Motorcycle Association rally.
BANDIDO RULES
- Prospect members are not full-patch members but are trying to attain full membership. They are at the entry level for one year and are at "the beck and call" of full-patch members. "The expectation is that he is to complete any task given to him," said OPP Det. Const. Craig Pulfrey.
- Probationary members are not full members who are either brought up from prospect or have been busted down from full patch and must earn their way back.
- Hangarounds and associates are men trusted by members and allowed to hang around the clubhouse. "Not just anyone is allowed in the Bandido circle," Pulfrey said.
- Support or puppet clubs are overseen by the chapter and are "completely subservient to the Bandidos," Pulfrey said. They do business for the club and are used to draw future members.
- "No colours in a cage" means a Bandido can't wear the full patch inside a closed vehicle.
- BFFB means Bandidos Forever Forever Bandidos.
- "Red and Gold," the Bandido colours.
- Chapters have their own president, vice-president, secretary-treasurer, sergeant-at-arms and road captain. Toronto had a chapter that was under Canadian national chapter. Canada reported to the United States in Texas.
- Church is a weekly meeting to discuss club business. A Bandido faces fines for missing them.
------------------------------------------------
Evidence points to 'mutiny' within ranks of Bandidos, jury hears
Wed, May 6, 2009
By JANE SIMS, LONDON FREE PRESS
Bandidos creed big on club rules
When times were good, the Bandidos were a brotherhood.
But when the order was made to pull the plug on the club's Canadian chapter, there were indications of "a mutiny," an OPP biker expert testified today at the Bandidos trial.
Det. Const. Craig Pulfrey continued his expert testimony this morning and assessed correspondence and evidence connected to both the victims and the accused.
Six men have pleaded not guilty to first-degree murder — Wayne Kellestine, 60, and Frank Mather, 35, of Dutton-Dunwich; Brett Gardiner, 24, of no fixed address; and Michael Sandham, 39, Marcelo Aravena, 33, and Dwight Mushey, 41, of Winnipeg.
The shooting victims were George Jessome, 52, George Kriarakis, 28, John Muscedere, 48, Luis Raposo, 41, Frank Salerno, 43, Paul Sinopoli, 30, Jamie Flanz, 37, and Michael Trotta, 31.
Pulfrey was commenting on a string of e-mails the jury was given earlier at the trial.
In them, there is an order from Texas, the world headquarters of the Bandidos, that a decision had been made to end the Canadian chapter.
Pulfrey explained an "El Presidente" oversees Bandidos operations in the United States, Europe and Australia.
El Presidente also leads the U.S. Bandidos and they oversaw the Canadian club.
Canada oversaw Toronto and the club's probationary chapter in Winnipeg. Many of the Toronto members were on the executive of the Canadian chapter.
The Bandidos, with approximately 2,000 members worldwide, were only a democracy to a point, Pulfrey said.
El Presidente has veto power over any decision. And in an e-mail, El Secretario of the world, Bill Sartelle, had orders that the Canadian chapter was finished.
That prompted an e-mail from Toronto president Frank Salerno to call for a worldwide vote before Toronto gave back Bandido property.
"I would call this a mutiny," Pulfrey said.
The jury saw photos, e-mails and portions of a videotape taken at Kellestine's Elgin County farm at a Bandidos party in happier times.
In it, there are images of some of the dead and accused all in club colours greeting each other warmly and hugging after a caravan of six motorcycles roared up the Kellestine laneway.
Muscedere, Kriarakis and Sandham are among the group on motorcycles.
Mather is seen sitting at the bar area where a flag with a swastika is pinned on the wall. He wore a Bandidos support shirt.
The trial continues this afternoon.
---------------------------------------------
Brothers in good times
Thu, May 7, 2009
BANDIDOS TRIAL: Indications of a 'mutiny' came later, an expert testifies
By JANE SIMS, LONDON FREE PRESS
The video was like a home movie of a renegade family reunion.
The camera was poised to look down the long laneway from Wayne Kellestine's Elgin County farmhouse as six Bandido motorcycle club members happily rumbled in for a party on June 25, 2005, then greeted each other warmly as "Brother."
Some were the men who were found dead on a nearby Elgin County road on April 8, 2006. And others in the video are some of the men charged in their deaths.
What the jury learned at the Bandido trial yesterday was that when times were good, the Bandidos were a brotherhood.
But when the order came from headquarters to pull the Canadian chapter's status, there were indications of "a mutiny," an expert testified.
Det. Const. Craig Pulfrey of the OPP Biker Enforcement Unit continued his testimony at the trial of six men who have pleaded not guilty to first-degree murder .
Pulfrey has testified he believed the dead men were full-patch members of the Bandidos except Flanz, who was a prospect. Yesterday, Pulfrey said Sandham, Kellestine and Mushey were full-patch members, based on Bandidos property seized, including "1%er" items that only full-patch members can have.
Mather was a probationary Bandido, he said, based on the empty vest and Probationary "rocker" and Bandido hat found in a bag containing receipts with his name.
Aravena was a prospect sponsored by "D" or Mushey, Pulfrey said, pointing out intercepted conversations in which Aravena asked permission to contact someone.
Gardiner was a prospect member, he said, based on the signature of an e-mail from his account that was signed "Prospect Bandido Bull."
"In this world, you don't sign like this unless you have that status."
The Bandidos world has a strict hierarchy, he said, and had about 2,000 members. There is an "El Presidente" of the Bandido world overseeing the U.S., Europe and Australia. El Presidente also leads the U.S. Bandidos and they oversaw the Canadian national chapter.
Canada oversaw Toronto and the probationary chapter in Winnipeg. Many of the Toronto members were on the executive in Canada.
The Bandidos are allowed one vote each, but they are only a democracy to a point, Pulfrey said.
"Bandidos don't vote, they do what the (expletive) they're told," was the terse e-mail in June 2007, from El Presidente Jeff Pike about the problems in Canada.
El Presidente has veto power over any decision and orders from a superior had to be followed. In an e-mail shown to the jury earlier El Secretario of the world, Bill Sartelle, had orders the Canadian chapter was finished in the months before the deaths. "It is not my decision alone," Sartelle wrote.
That prompted an e-mail from Muscedere, president of the Canadian national chapter, calling for a worldwide vote before Toronto gave back Bandidos property.
"I would call this a mutiny," Pulfrey said.
Meanwhile, the e-mails indicate Sandham was bypassing his Toronto superiors and contacting Texas directly.
The videotape of the Kellestine party showed the No Surrender Crew in happier times. Muscedere, Sandham, Kriarakis and Raposo are easily identifiable.
"Chopper," Kellestine said as he threw his arms around Raposo, one of the later victims.
Mather is seen sitting at the outdoor bar area where a flag with a swastika is pinned on the wall. He wore a Bandido support shirt.
The jury also saw up close a Confederate flag with an eagle on it signed by many of the Bandidos, including those found dead.
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Bandido talked of 'major changes' before slayings, trial hears
May 12, 2009 07:32 PM
Peter Edwards
LONDON, Ont. – Bandidos biker Wayne Kellestine's voice crackled with excitement as he spoke of "some major changes," two days before the largest mass murder in modern Ontario history.
In the conversation, which was intercepted by police, Kellestine said he was being pressured by others to do something drastic.
"It's not my doing," Kellestine, 60, tells club member Cameron Acorn in a conversation intercepted by police shortly after noon on April 6, 2006 - two days before the bullet-riddled bodies of eight Greater Toronto Area Bandidos were found in vehicles abandoned on a rural roadway near Kellestine's farm in Iona Station, west of London.
Kellestine is one of six men facing eight first-degree murder charges each.
"I don't want no part of this, but I'm gonna try to salvage as many guys as possible," Kellestine continues.
At the time of the call, Acorn was in custody in Penetanguishene, north of Toronto, at the Central North Correctional Centre.
Kellestine warns Acorn that the the club is due for major changes because of pressures from the United States, where the headquarters - or "Mother Chapter" - of the Bandidos is located.
"I need ya," Kellestine tells Acorn. "...There's going to be some major changes... You're a good soldier."
He goes on to tell Acorn that he cannot control the Americans, who are pressuring him for dramatic change, saying, "People in the States are super, super super (expletive) choked."
"I'm taking care of it myself, personally," Kellestine continues. "I'm kinda choked."
He also alludes to a recent, important meeting in Vancouver, but assures Acorn that he is not in danger.
"You're still okay, eh," Kellestine says. "I made sure."
Acorn sounds upset and swears, while Kellestine attempts to distance himself from the decision, which is never fully explained.
In another intercepted conversation with Acorn's mother Sharon, Kellestine sounds upset with Luis Manny (Chopper, Porkchop) Raposo, 41, of Toronto
Raposo was one of the eight men whose bodies were found near Kellestine's farm.
"I've tried to call Chopper and he hasn't been returning my phone calls," Kellestine complains. "... "I don't get invited to many things in Toronto any more. I don't know if you noticed or not."
Another tape captures Kellestine's voice on April 8, 2006, hours after the bodies of the eight murdered bikers were found.
In the tape, he talks of the "red and white," biker slang for the Hells Angels motorcycle club.
He also talks of police around his farm, 14 kilometers from where the bodies of the slain fellow members of the Toronto Bandidos were found.
"I'm surrounded by cops," Kellestine tells a friend. "I don't know what the (expletive) they're doing."
Found in vehicles abandoned near Kellestine's farm were the bullet-riddled bodies of Paul Sinopoli, 30, of Jackson's Point; John Muscedere, 48, of Chatham; George Jessome, 52; George Kriarakis, 28, all of Toronto; Michael Trotta, 31, of Mississauga and Jamie Flanz, 37, of Keswick.
In his telephone conversation with Acorn, Kellestine suggests that someone else is stirring up tensions between the Toronto Bandidos and their American counterparts.
"Someone is in constant communication with the States and telling them all the (expletive)," Kellestine says. ".. I don't email. I don't do the Internet. I don't do (expletive) computer (expletive)."
Also facing eight first-degree murder charges each are Frank Mather, 35, of no fixed address; Winnipeggers Michael Sandham, 39; Marcello Aravena, 32, Brett Gardiner, 24, and Dwight Mushey, 41.
The trial continues.
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Evidence suggests major breach of biker-club rules, Bandidos jury hears
Tue, May 12, 2009
By JANE SIMS, LONDON FREE PRESS
The focus of the Bandido trial shifted to Winnipeg this morning with suggestions that there was a major breach of the biker club's strict rules.
Six men have pleaded not guilty to eight counts of first degree murder.
The bodies of eight men were found shot to death and left in vehicles along an Elgin County road on April 8, 2006.
OPP Cnst. Ross Stuart, an identification officer, returned the the witness box to describe what police found during house searches on June 16, 2006.
One home was at 129 Rogan Dr., Winnipeg where accused Dwight Mushey often stayed with his sister, Kimberley Douglas. Found in a crawlspace over a basement stairwell in a courier package were Bandido stickers and what appeared to be homemade patches.
The jury has already heard that the Texas international headquarters dictated that all Bandido gear had to be ordered through them.
Stuart showed various patches - including large Fat Mexican and No Surrender Crew patches - and uncut pieces of yellow fabric with designs half stitched.
He also produced documents found in a black pouch that appeared to be detailed stencils and measurements of Bandido patches.
There was also a computer disk set up for an embroidery machine.
The jury also heard from a Winnipeg police officer who questioned Mushey, accused Brett Gardiner and another man identified as M. H. on the parkade of Polo Park Mall in Winnipeg on Feb. 11, 2006..
Mushey and M. H. were wearing full biker colours. Gardiner was in a plain black jacket. M. H. Is expected to testify later in the trial.
The trial continues this afternoon.
-----------------------------------------------
Media provided crime exhibits
Wed, May 13, 2009
There are photos of drinking buddies and some from the grisly crime scene
By JANE SIMS, LONDON FREE PRESS
Playful barroom photos from when they were friends.
Photos of the grisly crime scene.
A glimpse inside the victims' homes.
Those are some of the exhibits from the Bandidos trial released to the media yesterday.
They were found shot to death in vehicles abandoned along Elgin County's Stafford Line on April 8, 2006.
The Crown has told the jury there was a brewing struggle between the Canadian chapter and the American headquarters in Texas that was fed up with its Canadian brothers.
The U.S. headquarters had ordered the patches pulled.
There was a growing internal conflict between the Toronto chapter and its probationary chapter in Manitoba.
Items seized during the investigation included photographs from Mushy's Toronto apartment -- photos of him with other bikers, including some of the dead, as well as Kellestine and Sandham.
In one photo, a smiling Kellestine and Mushy flank a man identified as David "Concrete Dave" Weiche, with their arms around each other.
There are photos of some of the Bandidos gear seized from the homes, including jewelry, T-shirts, hats and post cards.
There are also photos of some of the victims' homes in the Toronto area.
Yesterday, the trial's focus shifted to Winnipeg, with suggestions there was a major breaking of the biker club's strict rules by the fledgling probationary chapter.
OPP Const. Ross Stuart, an identification officer, described what police found during house searches on June 16, 2006.
One home was at 129 Rogan Dr., Winnipeg, where Mushy often stayed with his sister, Kimberley Douglas. Found in a crawl space over a basement stairwell in a courier package were Bandidos stickers and what appeared to be homemade patches.
The jury has heard that the Texas international headquarters dictated all Bandidos gear had to be ordered through them.
Stuart showed various patches -- including the club's Fat Mexican, "1%" and No Surrender Crew patches -- and uncut pieces of yellow fabric with designs half stitched with red.
Some of the colours didn't match other patches.
Stuart also produced documents found in a black pouch that appeared to be detailed stencils and measurements of Bandidos patches.
There was also a computer disk set up for an embroidery machine. The jury also saw vests -- two with full patches, two without -- taken from a closet at 938 Lindsay St., Winnipeg.
Several items of clothing were seized from the residence as well as Aravena's birth certificate, documents belonging to Mushey and a letter addressed to Gardiner.
The trial continues today.
==================================
Murder suspect padded resume, Bandidos jury hears
Wed, May 13, 2009
By JANE SIMS, LONDON FREE PRESS
Biker and ex-police officer Michael Sandham certainly knew how to pad a resume.
"He is a VIP Protection Specialist and has protected such persons as former Chief of Staff general DeChastelane, former Prime Minister Brian Molruney (sic), Princess Patricia and various other higher military staff," he wrote in a brochure promoting his police-training company called ACRT Tactical Systems, shown to the jury at the Bandido trial this morning.
He wrote he was "a 27 year veteran and Grand Master in Martial Arts", the personal information in the brochure said, earning "a 6th Dan Black Belt in HwaRang Kempo and a 4th in Dan Taekwon Do" plus other black belts in Jujitsu and a red sash in Wing Chun Kung Fu.
Attending "many self-defence seminars throughout the world hosted by such famous people as Chuck Norris, Steven Seagal, Bill "Superfoot" Wallace and Dan Inosanto (The only person certified by Bruce Lee)."
Sandham wrote he competed in "full contact fights" in Canada, the U.S. and Korea with a record of 12 wins, no losses, 11 by knock-out.
It's no wonder Davud Prud'Homme, who owns Prairie Bylaw Enforcement Services — a company that provides by-law services to Manitoba municipalities — hired Sandham to train his officers.
A look inside Sandham's life dominated the testimony this morning at the trial where six men, including Sandham, have pleaded not guilty to eight counts of first-degree murder.
It's certain Sandham, who went by the biker nickname Taz in his Bandido life, was an ex-police officer and former member of the Canadian Armed Forces.
The Crown showed the jury documents that listed Sandham as an auxilliary police officer for the Ste. Anne police force, east of Winnipeg in 1999 to 200, then a police constable for the Rural Municipality of St. Paul, north of Winnipeg from June 2000 to October, 2002.
Sandham also operated two companies that provided police training — ACRT (Applied Control Response Tactics) and Sabre Inc.
He also claimed to be a paratrooper and a commando.
"My classses are always dynamic and interesting," he wrote in his brochure.
Prud'Homme was impressed with his credentials and used him to train his eight employees.
Prud'Homme participated in some of the training. One of the courses, CAR Police Tactical Shotgun, taught the participants safe handling of the firearm.
He also taught the bylaw officers dealing with pesky black bears in rural Manitoba how to reload a shotgun with one hand, if wounded.
"It was beyond what we required," Prud'Homme said.
Prud'Homme took Sandham on as a full-time trainer for four months two years after Sandham left policing.
Sandham told Prud'Homme in an e-mail the job was "too stressful and he was having marital problems."
Prud'Homme said Sandham set his own hours, was paid well, and had his own work area.
"I couldn't see where the stressful part came in," he said.
Sandham left some of his belongings behind at the office. Six months later he instructed Prud'Homme to return them or pay $4,000.
He told his former boss to take his belongings to his home and throw them over the fence and his wife would retrieve them.
"That's what I did," he said.
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Accused killer biker says he guarded princess
By JANE SIMS, SUN MEDIA
LONDON, Ont. -- Biker and ex-police officer Michael Sandham knew how to pad a resume.
"He is a VIP Protection Specialist and has protected such persons as former Chief of Staff General DeChastelane (sic), former Prime Minister Brian Molruney (sic), Princess Patricia and various other higher military staff," he wrote in a brochure promoting his credentials as an instructor for his police training company, shown to the jury yesterday at the Bandidos trial.
"Mr. Sandham was also involved in crowd security during Princess Diana and Prince Charles visit to Canada," the brochure says.
Contradictions
Sandham, 39, of Winnipeg and five other men are on trial for eight counts of first-degree murder in the shooting deaths of eight Toronto-area men on April 8, 2006, whose bodies were found along a rural road outside Shedden.
A look inside Sandham's life -- and its glaring contradictions -- dominated testimony yesterday. It's certain Sandham, who went by the biker nickname Taz in his Bandidos life, was an ex-police officer and former member of the Canadian Armed Forces.
He attended basic training in Wainright, Alta., before he was assigned to Winnipeg and the Princess Patricia's Canadian Light Infantry.
He then went to the Ste. Anne police force east of Winnipeg where he was an auxiliary police officer from 1999 to 2000. His recruit training was completed with the Winnipeg police academy where he scored the top marks in his class in the firearms section. He moved on to be a constable in East St. Paul and left on Oct. 15, 2002.
Assistant Crown attorney Fraser Kelly showed the jury a large number of documents concerning Sandham's training and employment.
'Black Belt'
Among the documents was a resume on which Sandham said he was "a 6th-degree Black Belt." Sandham also had a paralegal membership card and promoted himself as a police trainer.
David Prud'Homme, who owns Prairie Bylaw Enforcement Services -- a company that provides bylaw officers to Manitoba municipalities -- hired Sandham as a trainer. Prud'Homme testified he was impressed with Sandham's credentials and used him to train his eight employees in "the use of force."
In 2004, Prud'Homme gave Sandham a full-time job as trainer. Sandham gave courses, wrote manuals and filled in on the odd shift. But within months, Sandham told Prud'Homme in an e-mail the job was "too stressful and he was having marital problems."
Prud'Homme was asked if he ever knew of Sandham's ties to the Bandidos. "No," he said.
The trial continues today.
-----------------------------------------
Flurry of travel in days before Bandidos slayings, jury told
Thu, May 14, 2009
By JANE SIMS, LONDON FREE PRESS
There were many trips on Michael Sandham's dime in the months leading up to the shooting of eight Bandido bikers.
The jury at the Bandido trial examined flight records from WestJet that documented the air travel of several men involved in the case.
Todd MacKay, the airline's official who testified this morning, took the jury through reservation documents showing that Michael Sandham's credit card was racking up flight charges — more than $4,500.
Sandham paid for a number of flights, not only for himself, but three other people involved in the case.
Often the trips were booked just days in advance.
The flights that were documented were:
# Two return tickets from Toronto to Winnipeg for Feb. 4 to 7 2005 for victim Paul Sinopoli and Kellestine. The tickets were paid by Stacia Acorn.
# Two return tickets from Winnipeg to Toronto for Sandham and a man known as M.H., who is expected to testify at the trial, for Sept. 9 to 11, 2005, paid for by Sandham.
# Another two return tickets for Sandham and M.H. for Oct. 22 to 26, 2005, paid by Sandham.
# Sandham and Mushey flew return to Toronto from Winnipeg in November, 2005. M.H. cancelled at the last minute. Mushey changed seats and there was an indication on the reservation that someone had suffered an Achilles' tendon injury. Sandham paid for the tickets.
# Mushey flew to Vancouver from Winnipeg for three days in January. Sandham paid for the ticket.
# On March 7, 2006, Kellestine flew from Toronto to Vancouver. Sandham flew out form Winnipeg on March 2, 2006. They both left on March 12, 2006. Sandham paid for the tickets.
# M.H. and Mushey flew to Vancouver from Winnipeg March 20 to 22, 2006. Again Sandham paid.
# Aravena flew from Winnipeg to London on March 28, 2006. The ticket was paid by a woman.
MacKay will be in cross-examination this afternoon.
-------------------------------------------------------------------------
Bandidos accused gave himself up to OPP, court hea
BY: Peter Edwards
Source: thestar.com
Canada - ~Bandidos accused gave himself up to OPP, court hears~
LONDON, Ont. - An accused murderer gave himself up without a fight and cautioned police not to kick down his door or shoot him when called by the Ontario Provincial Police after the largest mass murder in modern Ontario history.
"I've been waiting for you to call," Kellestine told an OPP negotiator shortly after 7 pm on April 9, 2009, a day after eight bullet-riddled bodies were found 14 kilometres from his farm in Iona Station, west of London.
The recording was played in court today in the first degree murder trial for Kellestine and five other men who the Crown says are connected to the Bandidos Motorcycle Club.
Also facing eight first degree murder charges each are Winnipeggers Dwight Mushey, 41, Brett Gardiner, 24, and Marcelo Aravena, 33, and Michael Sandham, all of Winnipeg, and Frank Mather, 35, of no fixed address.
Kellestine briefly questioned the police negotiator about what type of warrant the police had.
He was told that they wanted to search his farm, grounds and barn for what the negotiator described as "items related to the other day?"
Kellestine, a member of the Greater Toronto Area Bandidos, said he would be fully cooperative and cautioned police that they didn't have to kick down his front door, as police had in the past.
"I'm going out," said Kellestine, sounding only mildly agitated. "There's no problem."
He told police they had nothing to fear from him, when he walked down the gravel laneway of his farm property.
"I will cooperate fully," he said. "You don't have to shoot me on the way out."
The police negotiator told Kellestine that he was experienced enough to know that wasn't going to happen.
Then he told the police officer that he had placed his German shepherd dog in a pen, and that he didn't have to burst into his home to search it.
"I'm leaving the door unlocked," Kellestine said. "Don't smash it (expletive) again."
Police later took Kellestine into custody for questioning.
Court also heard yesterday that another of the accused mass murderers, former Manitoba police officer Michael Sandham, 39, spent almost $5,000 on flights connected to the Bandidos Motorcycle Club in the year before the largest mass murder in modern Ontario history.
The flights were for himself, fellow accused Dwight Mushey of the Bandidos in Winnipeg and another man who can only be identified as "M.H."
Several of the flights were from Winnipeg to Toronto and back, as well as from Winnipeg to Vancouver and back.
The trial has heard that M.H. is expected to be a Crown witness later in the trial.
Sandham, 39, a former Manitoba police officer, faces eight charges of first degree murder after the bullet-riddled bodies of eight men connected to the Greater Toronto Area Bandidos were found on April 8, 2006, in vehicles abandoned near Shedden, west of London.
Court heard he flew from his home in Winnipeg to Toronto three times in the fall of 2005, and was accompanied on November 26, 2005 by Dwight, Mushey, 41, of the Winnipeg Bandidos.
Mushey is also charged with eight counts of first degree murder.
Court heard that Sandham also paid for Mushey to fly from Winnipeg to Vancouver on January 14, 2006, returning three days later.
Sandham's Visa card also covered a March 7, 2006 flight for Wayne Kellestine to fly from Toronto to Vancouver on March 7, 2006, returning to Toronto five days later.
Sandham also paid for himself to fly from Winnipeg to Vancouver on March 2, 2006, returning on March 12, 2006.
He also paid for "M.H." and Mushey to fly from Winnipeg to Vancouver on March 20, 2005, returning to Winnipeg two days later.
They are charged with the murders of eight men connected to the Greater Toronto Area Bandidos Motorcycle Club: Paul Sinopoli, 30, of Jackson's Point, Jamie Flanz, 37, of Keswick: John Muscedere, 48, of Chatham; George Jessome, 52, Luis Manny Raposo, 41, and George Kriarakis, 28, all of Toronto; Frank Salerno, 43, of Oakville and Michael Trotta, 31, of Mississauga.
The trial continues.
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'I know nothing': Kellestine
Fri, May 15, 2009
BANDIDOS TRIAL: Police negotiated with accused Wayne Kellestine by phone before he agreed to leave his farm the day after the bodies were discovered
By JANE SIMS, LONDON FREE PRESS
Wayne Kellestine told the OPP negotiator he'd co-operate with whatever police wanted.
But before he and the rest of the people in his Aberdeen Line farmhouse were going to come out on April 9, 2006, he wanted some guarantees.
"Now let's you and I get one thing straight right (expletive) now," he told OPP Det. Const. Dave Dowell over the phone.
"I will leave the door unlocked, you pieces of (expletive) don't have to kick my (expletive) doors in like you did the last (expletive) time."
"You have my word," Dowell promised, before being cut off by Kellestine's rapid-fire voice.
"Yeah, your word. You're a cop. I don't trust you. You're likely gonna shoot me mother (expletive)."
Yesterday, the jury at the Bandido murder trial heard the phone calls between an OPP negotiator and Kellestine the day after the bodies of eight men with ties to the Bandido motorcycle club were found shot dead on a rural road not far from Shedden.
OPP Const. Jodi Kays, who was part of the crisis negotiation team, testified they first called the Kellestine farm from a command post at Transportation Ministry buildings on April 9.
Kellestine was consulting his lawyer on another phone when Dowell called.
"I've been outside waving the phone saying, 'call me now.' This is the first time you've called me in two days," Kellestine said.
Then he turned back to his call with his lawyer. "They're all over the place but they're not . . . on my property as of yet.
Dowell told Kellestine police had a search warrant and wanted everyone in the house to walk down the lane "and you can view the warrant."
Kellestine wanted to know what the warrant was for. Dowell explained it related to "those bodies."
"Yeah, I know what you're talking about. I was watching about the news . . . I got 15 (expletive) phone calls."
Kellestine resumed talking with his lawyer. "I know nothing about nothing anyway," he said, and promised he'd co-operate. "Thank you, Ken. I will be in touch sir, Ciao."
Then he wanted assurances from Dowell his German shepherd wouldn't be shot or that his doors would be smashed.
He told Dowell he wanted 15 minutes. He had to get dressed, chain up his dog, and unlock the gate. "Now, is anybody going to shoot us when we come out?" he asked.
"You've been around. You know darn well we're not going to shoot you," Dowell said.
--------------------------------------------
Arrests captured on aerial video
Sat, May 16, 2009
BANDIDOS TRIAL
By JANE SIMS, LONDON FREE PRESS
From the air through the lens of a thermal camera, Wayne Kellestine's farm was dull light on a grey landscape.
As the plane flew over, a tiny brighter light appeared along the driveway and moved slowly down the long laneway.
That was the first glimpse the jury got yesterday of five people who walked out of Kellestine's house on April 9, 2006, a day after the bodies of eight men were found shot to death along a rural road near Shedden. The remarkable 30-minute police video showed Kellestine, Brett Gardiner, Frank Mather and two other people leaving the house and walking down the gravel lane toward several police officers, some of whom had guns trained on them.
The jury has heard during the Crown's opening statement that it intends to prove the men were killed at the farm and were victims of an internal squabble within the club. A group of men from Winnipeg had left for the drive back to Manitoba shortly before the bodies were discovered. The group left the farmhouse after Kellestine spoke to an OPP negotiator.
OPP Const. Jonathan Smyth of the Tactics and Rescue Unit (TRU) was one of six officers at the end of the laneway and described for the jury what was shown on the video screen. The thermal images were shot starting at 7:30 p.m. The images switched over to regular video about 10 minutes later as the plane circled closer. Police had been watching the property for two days.
Smyth testified that he and another officer were given the task of securing each person coming out of the house.
The five people leaving the house were told to stop 20 metres from the end of the lane. They had their hands on their heads and each one was instructed to approach one at a time. Smyth said Kellestine was the only person to talk.
" 'Don't point your (expletive) guns at me. My hands are up,' " Smyth testified Kellestine said.
Kellestine was the first person to go to the officers. He was told to lift his shirt up at the back to show he was not armed.
Kellestine was searched thoroughly, including his hair, pockets, shoes and socks.
Once he was searched, Kellestine went with two investigators and was driven away.
The second person who came out took off his shirt to show he was not armed. He was ordered to his knees with his hands on his head and secured. Three others followed and more officers arrived to help. All the people from the house were placed in disposable plastic flex-cuffs.
The camera did several pans of the property. Seven cars were parked around the house and shed.
The trial continues Tuesday.
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Bandidos jury sent home for the day as legal arguments take over
Tue, May 19, 2009
By JANE SIMS, LONDON FREE PRESS
Testimony at the Bandido trial stopped abruptly and the jury was sent home this morning for "a legal issue too complicated" to continue today.
Legal arguments are expected to occupy the afternoon.
"It really is the nature of the beast," Superior Court Justice Thomas Heeney told the jury before the trial adjourned for lunch.
Six men have pleaded not guilty to first-degree murder — Wayne Kellestine, 60, and Frank Mather, 35, of Dutton-Dunwich; Brett Gardiner, 24, of no fixed address; and Michael Sandham, 39, Marcelo Aravena, 33, and Dwight Mushey, 41, of Winnipeg.
The shooting victims were George Jessome, 52, George Kriarakis, 28, John Muscedere, 48, Luis Raposo, 41, Frank Salerno, 43, Paul Sinopoli, 30, Jamie Flanz, 37, and Michael Trotta, 31.
Before the adjournment, the jury heard more testimony from Det. Const. Craig Pulfrey, a member of the OPP biker-enforcement unit with expertise in the Bandido motorcycle club.
Pulfrey testified earlier this month and his cross-examination was deferred until this week.
Defence lawyer Gord Cudmore, who represents Sandham, reviewed the hierarchy of the club and asked about the pecking order from El Presidente on down.
Pulfrey agreed that "it's expected an order be followed," he said.
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'El Presidente' ousted bikers
Slain Toronto Bandidos were ejected from the club via email three months earlier, murder trial told
Tue, May 19, 2009
Source: thestar.com
Canada - LONDON, Ont. – A Texas biker known as "El Presidente" kicked all Toronto members of the Bandidos out of the motorcycle club with an email message, three months before their bullet-riddled bodies were found by a farmer's field, a mass murder trial heard today.
The Toronto Bandidos received an email message on Dec. 28, 2005, that notified them they were no longer in the club - "effective immediately."
"That decision was made by El Presidente?," defence lawyer Gord Cudmore asked OPP biker expert Craig Pulfrey.
"He has the final say," Pulfrey replied.
Cudmore represents one of the six accused mass murderers, Dwight Mushey, 41, of Winnipeg.
At the time they were kicked out of the Bandidos, the club's international "El Presidente" was Jeff Pike of Texas, Pulfrey said.
Court earlier heard that the Bandidos were founded in the mid-1960s by former military men, who believed in a strict military chain of command.
"It's expected that the order be followed?" Cudmore continued.
"Yes," Pulfrey replied.
Court had heard that the Toronto Bandidos - known as the "No Surrender Crew" - balked at the order to get out of the club and instead called for club members from around the world to take a vote.
The bullet-riddled bodies of eight GTA bikers from the Toronto Bandidos were found near the hamlet of Shedden early in the morning of April 8, 2006.
The trial continues.
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Expert: Two accused bikers didn't own bikes
Thu, May 21, 2009
.Two of the accused in the killing of Bandidos motorcycle club members never met one of the basic requirements for being a member of the organization, court heard today. Police biker expert OPP Det. Const. Craig Pulfrey testified that the Bandidos bylaws required its members around the world to own a bike. Frank Mather and Marcello Aravena did not own bikes to his knowledge, Pulfrey said. “You are definitely supposed to have a motorcycle,” he said.
Mather and Aravena, along with Wayne Kellestine, Dwight Mushey, Michael Sandham and Brett Gardiner are charged with eight counts of first-degree murder in the 2006 killing of eight men connected with the Bandidos Motorcycle Club. Under cross-examination today, Pulfrey said he did know of exceptions to the rules and that Bandidos in Canada did not follow all of the bylaws. Although he had access to intercepted calls and reports on biker activity, Pulfrey said he’d never heard of Mather until he was charged.
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Thu, May 21, 2009
Police not aware of 'biker' charged in mass-murder case~
LONDON, Ont. – A police biker expert says he had never heard of accused killer Frank Mather until Mather was charged with members of the Bandidos Motorcycle Club for allegedly playing a role in the largest mass murder in modern Ontario history.
"I've never heard of him," OPP Det. Const. Craig Pulfrey told court today. "I was never aware of him before this event." Mather is charged with five other men with eight counts of first-degree murder each, after the bullet-riddled bodies of eight men connected to the Greater Toronto Area chapter of the Bandidos Motorcycle Club were found in vehicles abandoned beside a farmer's field near the hamlet of Shedden, west of London, on the morning of April 8, 2006.
Court heard that Pulfrey has access to a comprehensive police databank on outlaw bikers. Pulfrey agreed with his lawyer, Greg Leslie, that if Mather was a member of the club in Canada, he likely would have known about it. "More than likely I would know (of him)," Pulfrey said. "I do not know this man."
Mather's lawyer, Greg Leslie, noted that a bylaw for the Bandidos club requires all members to have a motorcycle.
He then noted that Mather has neither a motorcycle nor a license to operate one. "In a motorcycle club, a person should have a motorcycle?," Leslie asked. "I would agree with that," Pulfrey replied.
Leslie noted that police seized a membership list for the Toronto Bandidos in the Jackson's Point home of Paul Sinopoli, 30, one of the murder victims and the secretary of the Toronto Bandidos. He asked Pulfrey if he had seen Mather's name on a list of full club members, or more junior affiliated bikers, with probationary, prospect or hangaround status.
"I don't know the date of that list," Pulfrey said. "Again, I have not seen his name." Pulfrey also agreed that he hadn't seen any mention of Mather on any other list of Bandidos. Pulfrey told court that police monitor biker funerals and mandatory runs, when all members must attend.
Leslie asked if he had ever seen or heard of Mather at any of those events. "I've never seen Frank Mather before," Pulfrey replied.
Court has seen a video of a party at Kellestine's farm, in which Mather was wearing a T-shirt with the slogan, "Support The Fat Mexican," the nickname for the Bandidos club. Pulfrey agreed with Leslie's suggestion that such T-shirts could be easily purchased by anybody. "Anybody - the public, non-members - can wear that," Pulfrey replied.
Court had heard that the Toronto Bandidos - known as the "No Surrender Crew" - balked at an order by the club's headquarters in Texas to get out of the club, and instead called for club members from around the world to take a vote.
The trial continues.
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Canadian Bandidos broke organization's rules, jury hears
Fri, May 22, 2009
By KELLY PEDRO, LONDON FREE PRESS
Whether Bandido prospect members had the right to attend club meetings in Canada was the focus of cross-examination today at the trial of six men accused of killing eight others.
Police biker expert Craig Pulfrey testified under cross-examination that, in theory, prospects were not allowed to attend "church" or get a vote but in Canada that rule was broken. Pulfrey said from seeing minutes from church — the term used for Bandido club meetings — he saw that prospects had attended those meetings but did not vote.
A prospect is someone who hung around the Bandidos and may have had the attributes to become a full-patch member. Prospects have to be sponsored by an older member of a chapter. They are then on call 24 hours a day to their sponsor or any full-patch member, performing menial tasks such as yardwork, washing motorcycles or getting drinks for members for one year. The Bandidos are also unique, Pulfrey testified, because they have one boss for the whole world. Though there are bosses in Europe, Australia and Canada, "El Presidente has power over them all," Pulfrey testified.
The trial continues today.
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Trial evidence released
Tue, May 26, 2009
COURT: Public offering includes home movies of a Bandidos party and history of the motorcycle club
By JANE SIMS, LONDON FREE PRESS
See Wayne Kellestine's home movies of a Bandido motorcycle club party. Take a crash course on the history of the Bandidos both in Canada and internationally.See more of the evidence police seized during the investigation of the eight shooting deaths three years ago. Evidence already viewed by the jury at the Bandido trial was made available for public viewing yesterday. The evidence is part of the explosive trial that began March 31.
The Crown's theory is that the men who were all part of the Toronto Bandido chapter were killed because of an internal conflict within the organization -- both with the international headquarters based in Texas and with a probationary chapter in Winnipeg. The Toronto bikers were seen by their brothers as not abiding by the biker club's strict code and rules. There had been an order made that their patches be pulled.
Over the last two months, the jury of six men and six women have seen a mountain of evidence and photographs as part of the Crown's case.
The most recent release of evidence includes material that was reviewed by OPP Det. Const. Craig Pulfrey, a member of the Biker Enforcement Unit and an expert in the Bandido motorcycle club.
Also made available was a large number of documents from Sandham's past. He had been a police officer in a community just outside of Winnipeg. Still to come, as described in the Crown's opening statement, is a police informant who was at the Kellestine farm at the time of the shootings.
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Lawyer at Bandidos murder trial excuses self from case due to wife's illness
By Michael Oliveira – 1 hour ago
LONDON, Ont. — Long-awaited testimony from a former biker turned police informant was put on hold Tuesday when a defence lawyer in the case of Ontario's largest mass slaying stepped down because of personal reasons.
The murder trial involving the April 2006 killings of eight men associated with the Bandidos biker gang was expected to hear evidence from the Crown's star witness, who can only be identified as M.H. But court proceedings were halted when Ted Royle, senior counsel for one of the six accused, Dwight Mushey, asked for permission to withdraw from the case. Royle, a father of a young daughter, told court his wife had fallen gravely ill and he could no longer commit himself to the case.
Mushey requested that he be given time to find another lawyer, which Justice Thomas Heeney agreed to given the "tragic turn of events. "It would have been inhumane of me to do otherwise," Heeney said in granting an adjournment while Mushey seeks new representation.
The jury is expected to return to court next Tuesday, when the trial will resume if a new lawyer has been found and properly briefed.
The delay comes at a pivotal point in the trial, as court was set to hear from M.H., a former Bandido who became a police informant in the days after the mass killing and agreed to wear a wire to collect evidence. M.H. was first introduced during the Crown's opening statement March 31. The Crown alleges the victims were lured to the farm of Wayne Kellestine - another of the six accused - where they were shot to death as part of an internal cleansing of the biker club. Court has heard wiretap evidence suggesting some of the victims were extremely reluctant to attend and were seemingly aware that trouble was coming. M.H. will likely take the stand for several days as the Crown introduces its key evidence and defence lawyers challenge his credibility.
Charged in the deaths are Kellestine, 59, and Frank Mather, 35, of Dutton-Dunwich, Ont.; Brett Gardiner, 24, of no fixed address; and Michael Sandham, 39, Marcelo Aravena, 32, and Mushey, 41, all of Winnipeg.
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Bandidos trial sees another delay
Jane Sims
London Free Press
May 27, 2009
In what the judge called "a tragic turn of events," the jury at the Bandidos trial faces another delay. Edward Royle, the defence lawyer for accused Dwight Mushey of Winnipeg, asked for and was granted a request to be removed from the case because his wife is gravely ill.
Superior Court Justice Thomas Heeney told the jury Royle's wife recently had taken "a serious turn for the worse." He also has a young child, Heeney said, "and the demands are such he had to withdraw from the case as lead counsel for Mr. (Dwight) Mushey."
It was a stunning turn of events eight weeks into the evidence at the trial of six men facing eight counts of first-degree murder. Mushey, 41, Wayne Kellestine, 60, and Frank Mather, 35, of Dutton-Dunwich; Gardiner, of no fixed address; and Michael Sandham, 39, Marcelo Aravena, 33, of Winnipeg, have all pleaded not guilty.
On April 8, 2006, the bodies of eight men with ties to the Bandidos motorcycle club were found shot to death along a rural Elgin County road near Shedden. George Jessome, 52, George Kriarakis, 28, John Muscedere, 48, Luis Raposo, 41, Frank Salerno, 43, Paul Sinopoli, 30, Jamie Flanz, 37, and Michael Trotta, 31, were all associated with the club's Toronto chapter.
The jury was out of the courtroom most of the morning yesterday. Shortly before the lunch hour, they took their seats and were told of the abrupt halt in the evidence. The trial will not continue this week so "issues in terms of representation" can be sorted out, Heeney said. "It's regrettable," Heeney said, but in a lengthy trial there is always a chance there will be "personal issues that need to be dealt with."
"We'll find a way through this," he said.The jury was told to return next Tuesday.The trial began March 31 after weeks of jury selection.Royle is an experienced and respected Toronto lawyer and was a formidable force in the Bandidos courtroom
His departure came before the jury has heard from the Crown's star witness -- a police informant known as M. H., who was at Kellestine's Aberdeen Line farm in Dutton-Dunwich, where he says the men were shot to death.
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Bandidos mass murder trial to resume Monday
Lead lawyer for accused mass murderer Dwight Mushey quits case because of family illness
Jun 02, 2009 11:42 AM
Peter Edwards
Staff reporter
LONDON, ONT.–The Bandidos mass murder trial will resume hearing evidence next Monday after a family illness forced the lead lawyer for accused killer Dwight Mushey to suddenly resign. "We will have some evidence for you (then)," Mr. Justice Thomas Heeney told the jury this morning. "We continue to grapple with these issues," Heeney said. "Unfortunately, we remain in a state of flux."
Mushey, of Winnipeg, is one of six men who each face eight counts of first-degree murder after the bullet-riddled bodies of eight bikers connected to the Greater Toronto Area chapter of the Bandidos Motorcycle Club were found in vehicles abandoned on the outskirts of the hamlet of Shedden, west of London, on April 8, 2006.
The trial abruptly adjourned last week as efforts began to find a senior lawyer to replace Edward Royle, who has been assisted in the case by lawyer Christian Angelini.
Court heard then Royle's wife is seriously ill, and that he has a young daughter to care for. "We're doing our best to deal with it as quickly as possible," Heeney told the jury today. "Unfortunately, something like this takes some time."
The trial is entering its third month of evidence.
Also facing eight first-degree charges are Wayne Kellestine, 60, of Iona Station, west of London; Winnipeggers Marcello Aravena, 33, Michael Sandham, 39, and Brett Gardiner, 24, and Frank Mather, 35, of no fixed address.
Found dead in abandoned vehicles were John Muscedere, 48, of Chatham; Frank Salerno, 43, of Oakville; Paul Sinopoli, 30, of Jackson's Point, Jamie Flanz, 30,of Keswick, Michael Trotta, 31, of Mississauga and Torontonians George Jessome, 52, Luis Manny Raposo, 41, and George Kriarakis, 28.
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Slain biker vowed he was coming home
Tue, June 9, 2009
He was at Wayne Kellestine's farm the night before his body was found abandoned in a vehicle along a rural Elgin County road
By JANE SIMS
The last words Norine Lee heard from the man she loved was a promise he was coming home.
"I'll see you in a couple hours. I love ya," John 'Boxer' Muscedere said by phone when she called just before midnight April 7, 2006, when he was at Wayne Kellestine's farm.
Her next calls to his cellphone weren't answered: All she heard was a message the phone was turned off.
Hours later, she'd discover the truth -- Muscedere, 48, and seven other men she knew as friends were shot to death and left abandoned in vehicles along a rural Elgin County road.
Lee fought back tears often during her testimony yesterday at the Bandido trial in London, where some men she knew as friends are accused of killing her partner.
Testifying yesterday, Lee often shook the long loose curls from her face and dabbed her eyes with a tissue. She'd cross her arms over her chest, steeling herself for each question about her relationship with the president of the Canadian chapter of the Bandidos and about the night he died.
"I loved him very much," she said.
What came through was unflagging devotion to Muscedere. When one lawyer suggested Muscedere sold drugs, Lee was defiant.
"Are you kidding me?" she said, under cross-examination, to defence lawyer Christopher Hicks.
"He worked. He had money of his own. None came from drug money, buddy."
Most of her friends call her Nina, she said. She's going to school and is the mother of Muscedere's daughter, age four.
Lee and Muscedere lived in a 12th-floor apartment in Toronto's Parkdale. She said everyone called him Boxer, because he boxed and taught young people the sport.
Lee said Muscedere didn't tell her he was involved in a bike club until months after they were together. She knew the other Bandidos who'd die that night by their nicknames.
"That's Chopper," she said, of a photo of Luis Raposo, 41.
'Crash' was George Kriarakis, 28; 'Pony,' George Jessome, 52; Frank Salerno, 43, 'BamBam'; 'Paulie' was Paul Sinopoli, 30; and 'Mikey' was Michael Trotta, 31.
Lee said she didn't know Boxer's club role and "didn't care." She recalled meeting 'Taz' -- Sandham -- once at their apartment. And she knew Kellestine, a friend of Muscedere, whom, she confirmed, paid off a debt for Kellestine's house.
The day before Muscedere died, Lee said the couple had dinner, then "Chopper, Crash and Pony showed up." They had some "regular bro" talk, while Lee fed them.
"I knew they were going to London," she said, because Kellestine had called them twice.
Lee said she and Muscedere planned to go to Chatham the next day and Muscedere planned to return to a Tilbury factory job.
After he was gone, Lee said she called him twice.
At about 10:30 p.m., she called him and "I asked him if he was OK. He said he was fine."
The second call was about midnight. She told him she'd made a photo collage. He asked about the baby. He said he loved her.
After that, she said Muscedere's phone was off, as was Chopper's and BamBam's. She spent a sleepless night waiting for him.
The next morning, Chopper's girlfriend called and told her to watch the news. Lee said she recognized Chopper's car, the tow truck and Flanz's SUV.
Lee said she "freaked. I went into shock."
She called Kellestine. "I asked him where Boxer was. He said he didn't know where he was." "I asked him why he was the only one alive," she said. Lee said he didn't answer. "He said he had to go," she said.
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Bandidos jurors hear testimony from slain biker's girlfriend
Tue, June 9, 2009
By JANE SIMS, LONDON FREE PRESS
Carrie Caldwell looked at the photograph of her boyfriend and smiled warmly.
There was Luis "Manny" Raposo is a confident, defiant stance giving two middle-finger salutes.
"Yeah, that's Chopper," she said quietly.
"I loved him. He loved me."
Caldwell, a nurse and single mother, was testifying this morning at the Bandido trial and recalling her relationship with one of eight men found shot to death on Stafford Line on April 8, 2006.
Caldwell met Raposo in Port Dover on May 13, 2005, at a Friday the 13th motorcycle gathering in the Lake Erie village.
Raposo was wearing his Bandido colours — his vest with the "fat Mexican" emblem.
It was a long-disatance relationship — Caldwell in London and Raposo in Toronto. They talked on the phone every night.
Caldwell said the couple would talk about the Bandidos. Raposo, she said, was the national secretary of the Canadian chapter — made up of Toronto chapter members.
One of his jobs was to collect dues. She said victim Paul Sinopoli also collected dues "but sometimes he got demoted."
Her testimony was interupted by legal arguments without the jury present. The trial resumes after lunch.
Earlier this morning, another member of a special OPP unit described his role in the hours following the discovery of eight dead men.
Cnst. Mark Beauchesne of the Tactics and Rescue Unit (TRU) helped search a bushlot on Stafford Line in Elgin County near where the bodies were discovered on April 8, 2006.
He also watched Wayne Kellestine's farm on Aberdeen line and, with binoculars, was able to make out a license plate on a blue car that arrived there after police began the surveillance.
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Biker feared for his life, girlfriend tells trial
Jun 09, 2009 04:49 PM
Peter Edwards Staff Reporter
LONDON, Ont. – Murdered Bandidos motorcycle club member Luis Raposo told his girlfriend that he could be killed because he shared confidential club secrets with her, a mass murder trial heard today. "He told me that things that he told me could get him killed," Carrie Caldwell, a London nurse, told the Bandidos mass murder trial. Caldwell said that Raposo, 41, of Toronto, was the secretary of the Bandidos national chapter and told her that the Winnipeg arm of the club hadn't been paying their dues, as required by club bylaws.
"I don't think they paid at all," Caldwell told the jury in the largest mass murder in modern Ontario history. It was Raposo's duty to collect dues and the Winnipeggers frustrated him by not paying, she said. "He said they weren't getting paid," Caldwell told court. She said the conversation took place in early 2006.
Raposo's bullet-riddled body was found early in the morning of Sat., April 8, 2006 on the outskirts of Shedden, 14 kilometers from the farm of fellow club member Wayne Kellestine, 60, in Iona Station, west of London. Also found by a farmer's field in abandoned vehicles were the bodies of seven bikers connected to Kellestine and Raposo: Kellestine and five other men face eight first-degree murder charges, including one for the murder of Muscedere.
Caldwell recalled a tense conversation between Kellestine and Raposo in early 2006, when the bikers discussed how the American headquarters of the club wanted to expel them. She recalled Raposo saying that it was tough for him to communicate with the Americans, since the Canadian bikers were in breach of several club rules. Court has heard that the American bikers were frustrated that the Canadians hadn't been communicating with them, as required by the club's constitution. She recalled that Raposo asked Kellestine, "What am I supposed to do? We're breaking the rules."
The trial continues.
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Girlfriend overheard patches dispute
Wed, June 10, 2009
Carrie Caldwell testified her boyfriend, shooting victim Luis Manny Raposo, told her things he said could get him killed
By JANE SIMS
First she saw his photograph, then his Bandido vest. Each time, Carrie Caldwell gave a warm, but sad, smile of recognition. "I loved him. He loved me," she said. She pointed with a gloved hand to the rip on the right shoulder of the vest, something her boyfriend Luis Manny Raposo tried to stitch together at a couple of parties, but ended up tacking together with safety pins. "Yes. That's Chopper's," she said in the witness box at the Bandido trial yesterday, referring to her biker boyfriend's nickname.
Caldwell was Raposo's confidante and had a rare look inside the conflict that gripped the Bandidos before the shooting death of eight Toronto-area men whose bodies were found on Stafford Line in Elgin County on April 8, 2006. "He told me things he told me could get him killed," she said in her quiet voice.
Raposo, 41, the former national secretary of the club, was one of the men found dead that morning. Caldwell knew the other seven: John "Boxer" Muscedere, 48, George "Pony" Jessome, 52, George "Crash" Kriarakis, 28, Frank Salerno, 43, Paul "Paulie" Sinopoli, 30, Jamie Flanz, 37, and Michael "Mikey" Trotta, 31. She was testifying at the trial of six men charged with eight counts of first-degree murder, some of whom she met before Raposo was killed: Wayne Kellestine, 60, and Frank Mather, 35, of Dutton-Dunwich; Brett Gardiner, 24, of no fixed address; and Michael Sandham, 39, Marcelo Aravena, 33, and Dwight Mushey, 41, of Winnipeg.
Caldwell, a nurse and single mother, had been with Raposo since they met in Port Dover on May 13, 2005, at a Friday the 13th motorcycle gathering in the Lake Erie village. Raposo was wearing his Bandido colours -- his vest with the "Fat Mexican" emblem. It was a long-distance relationship -- Caldwell in London and Raposo in Toronto. They talked on the phone every night. Caldwell became Raposo's sounding board and she began to understand the internal troubles that plagued the group. She said it was "not normal" for him to tell her club business. Raposo told her he wasn't supposed to talk about it with anyone but "bros." She knew Kellestine and another Bandido, David "Concrete Dave" Weiche, before she met Raposo. She met Mather through them and knew him as "Red."
Caldwell had been to Kellestine's farm many times. She recalled a party there in June 2005 and said she and Raposo would go there if he came to visit her in London. She was shown parts of a video from a party at Kellestine's and identified Kellestine's singing voice. "Dave and him often broke into song," she said. She also described other gatherings, including a motorcycle run north of Toronto and "last run" of the year in Peterborough. Sandham came to the Peterborough run, but not the Christmas party.
One of Raposo's jobs was to collect dues. She said victim Paul Sinopoli also collected dues "but sometimes he got demoted." Winnipeg, a probationary chapter, wasn't paying its dues to Toronto. "I don't think they paid at all," she said. Caldwell said she also met Sandham, known as Taz, several times, and Mushey. She recalled meeting them with Raposo and Kellestine in a Toronto airport hotel where the Winnipeg bikers, wanted their expenses to be paid by the Toronto Bandidos. "No, they weren't paid," she said.
Sandham and Raposo had a heated discussion on her phone, she said about a party. "He was giving Chopper a hard time," she said.
She was not aware of the group's troubles until December, 2005. At Kellestine's farm, she said Raposo and Kellestine got in a heated argument where "voices were raised." "They were talking about the States pulling their patches," Caldwell said. "Wayne didn't want to give up his patch and what were they going to do about it." Raposo told her he didn't know what to do. The dues weren't paid, and he couldn't send an e-mail or any information because "we're not following the rules." Caldwell said Raposo didn't like using e-mail "because it was one of the ways the cops could monitor."
She is expected to return to the witness box today.
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Slain biker brought gun to a party, trial hears
Jun 10, 2009 11:14 AM
LONDON, ONT. – Bandidos biker Luis Raposo brought a handgun to a club party in south Riverdale less than a month before his murder because he expected trouble might break out, his former girlfriend told a mass murder trial today.
Carrie Caldwell, a London nurse, told the Bandidos trial that she later asked Raposo: "What's up with that?" "There might be some problems," she recalled Raposo as replying. Raposo brought the gun to a club party at a hall on Broadview Ave. near Queen St. E. on March 18, 2006, three weeks before he and seven others connected to the Greater Toronto Area chapter of the Bandidos were shot to death.
There weren't any fireworks at the party, which was snubbed by members from the Winnipeg probationary chapter of the Bandidos and Wayne Kellestine, 60, a member from Iona Station, west of London. Raposo's bullet-riddled body was found in an abandoned vehicle 14 kilometres from Kellestine's farm early in the morning of April 8, 2006.
The party fizzled and broke up by 11 p.m., when some of the bikers went to Muscedere's apartment in Parkdale. In the foyer of the Parkdale highrise, Raposo passed the silver handgun to Flanz, who slipped it to a junior prospect club member known as "Stone," Caldwell said. At the meeting, the Winnipeggers had been expected to pay up back dues to Raposo, who had served as the Bandidos' national secretary.
Raposo hadn't been impressed by Winnipeggers, including their president, Michael Sandham, a former police officer, who inflated his status in the club, Caldwell said. "They weren't paying (dues)," Caldwell said. "They weren't following protocol. They were doing what they wanted."
The trial continues.
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Kellestine cried on the phone, girlfriend of slain biker testifies
Wed, June 10, 2009
Second day of testimony for Carrie Caldwell at Bandidos trial
Carrie Caldwell knew her boyfriend and his friends were dead. And she knew Wayne Kellestine would know why. The day after eight men, including her boyfriend Luis Manny "Chopper" Raposo, 41 and seven other men connected to the Bandido motorcycle club were found shot to death, she called Kellestine's cellphone. "Wayne was pretty quiet," she said during her testimony this morning at the Bandido trial. "I don't think he could get a word in edgewise."
But near the end of the conversation, "I'm pretty sure he was crying." "He said 'I got (expletive) up and I (expletive) up." Caldwell said she was shocked: "I didn't know what that meant." Then, she said, Kellestine hung up.
The jury has heard evidence the Bandidos were entrenched in an internal conflict that led to the shootings. The men had been at Kellestine's farm for a meeting hours before they were found dead. Caldwell, who started her testimony yesterday, knew Kellestine before she met Raposo. When she had been alerted to the shootings, she saw on a television report that one of the cars belonged to her boyfriend. She called Kellestine's farm twice on April 8, 2006. The first time she asked "where Chopper was and if they were the ones who were found."
"He didn't answer me straight out," she said. Caldwell said Kellestine was "offhand, blase" about it. She called again later, only to have Kerry Morris, a friend of Kellestine's, hang up on her. Caldwell didn't call again until the next morning, when she had the brief, emotional conversation with Kellestine. In cross-examination, Caldwell said Raposo, the former national secretary of the Bandidos, was planning to retire from the club in June, 2006.
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Kellestine thought to be crying: witness
Thu, June 11, 2009
BANDIDOS TRIAL: Jury told of phone calls to farm
By JANE SIMS
Wayne Kellestine's voice was cracking with emotion over the phone line. I got (expletive) up and I (expletive) up," he told Carrie Caldwell, the girlfriend of one of the eight men found shot dead the day before near Shedden. I'm pretty sure he was crying," Caldwell told the jury at the Bandidos trial yesterday during her testimony about her relationship with the former national secretary Luis Manny (Chopper) Raposo and the rest of the Canadian Bandidos Toronto-based motorcycle club.
"I was shocked. I didn't know what that meant," she said. Kellestine, 60, a Bandidos biker and one of the six men who have pleaded not guilty to eight counts of first-degree murder, had been quietly listening to a "hysterical" Caldwell who was demanding to know what happened to Raposo, 41, and his friends.
A day earlier, Caldwell had seen Raposo's Volkswagen Golf and victim Jamie Flanz's Infiniti SUV on TV news reports of the grisly discovery on Stafford Line.She tried to call Raposo, 41, her boyfriend of a year, but his phone was turned off. So were the phones of national president John (Boxer) Muscedere, 48, George (Crash) Kriarakis, 28, and Paul (Paulie) Sinopoli, 30.She later found out George Jessome, 52, Jamie Flanz, 37, and Michael Trotta, 31, were dead, too.
She called Muscedere's girlfriend, Nina Lee, looking for Chopper. Lee was looking for Boxer. Then, Caldwell said, she made her first call of two calls on April 8, 2006, to Kellestine's farm on Aberdeen Line in Dutton- Dunwich. She asked "where Chopper was and if they were the ones who were found.""He didn't answer me straight out," she said.Caldwell said Kellestine was "offhand, blase" about it. She called again later that day, only to have Kerry Morris, a friend of Kellestine's, hang up on her. Ca\dwell didn't call again until the next morning, when she had the brief, emotional conversation with Kellestine.
Kellestine is on trial, along with Frank Mather, 35, of Dutton-Dunwich; Brett Gardiner, 24, of no fixed address; and Michael Sandham, 39, Marcelo Aravena, 33, and Dwight Mushey, 41, of Winnipeg.
The jury heard about another Kellestine phone conversation from Muscedere's younger brother.Joe Muscedere testified he called the Kellestine farm the evening the bodies were found, but was told Kellestine was unavailable.He called the next day after he and his father went to the crime scene, then identified Boxer from a photograph.Muscedere's brother said a woman answered the phone and told Kellestine who it was. He heard Kellestine say "oh s . . ."Once on the line, Kellestine was "surprised, evasive and a little nervous."After he was told Muscedere was dead, Kellestine asked if the father and son had been to the police. "My condolences," he said. "You know what your brother meant to me."
Boxer and Kellestine had been close friends, but "they weren't as close" at the time of the deaths, Joe Muscedere testified.Kellestine told him a reporter had called him and asked if he was dead. Joe Muscedere heard laughter in the background.
Caldwell, a nurse and single mother, was in the witness box most of the day after starting her testimony Tuesday. She continued to describe how she became Raposo's girlfriend and confidante.She told the jury he often told her Bandidos club secrets and was aware of the internal struggles between the national chapter and the fledgling Winnipeg chapter they were supporting.She knew Winnipeg had not been paying their dues. She also knew the international Bandidos had ordered that the Canadian patches be pulled.Caldwell had helped Raposo draft e-mails to Sandham insisting the Winnipeg Bandidos maintain communication and attend a mandatory national party in Toronto on March 18, 2006, where the dues problem would have been discussed.She said she "never got warm fuzzies" when she met Sandham, later found out to be an ex-cop, and told Raposo she thought he acted like a police officer."Chopper said he was sly and he had a military background and that's why (I) feel uncomfortable," she said.The Winnipeg chapter, Kellestine, Mather, and friends Kerry Morris and Eric Niessen did not attend the party.
After the party ended, Caldwell said she and Raposo went back to Muscedere's apartment. While they were waiting in the lobby, she saw Raposo pass a silver handgun to Flanz, who passed it to another Bandido named Shane Gardiner, also known as Stone.Raposo told her later the gun was there because "there might have been some problems."Caldwell said she was with Raposo months earlier when he bought a long gun from a reserve near London for $40. He wrapped it in her coat and put it on the front of his motorcycle, then drove it to Kellestine's, where he dropped it off.She said Raposo was planning to retire from the Bandidos in June 2006 and come to London to live with her.Caldwell also said Raposo had been a "heavy user" of cocaine, but was quitting because she did not approve of drugs.
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Bandidos jurors get a glimpse inside Wayne Kellestine's barn
Thu, June 11, 2009
Site is where slain bikers allegedly spent their final moments
Jurors were taken on a pictorial tour of Wayne Kellestine's barn this morning, where it's alleged eight Bandidos spent their final moments.
The Bandido trial focused on Kellestine's Aberdeen Line farm in Dutton-Dunwich and the searches conducted there by police for six weeks after the men were found shot to death 14 kilometres away, near Shedden on April 8, 2006. OPP Det. Const. Ross Stuart returned to the witness box to act as tour guide for the six men and six women who have been hearing the three-month-long trial.
The jury saw photographs of the farm and inside the barn. What was clear is that Kellestine was no housekeeper. Stacks and stacks of items were found in and around the shed and barn. Among the items were construction materials, old fridges, freezers, motorcycle parts, hardwood flooring, lawn mowers of various sizes, tools, ladders, a Harley-Davidson motorcycle, old windows, furniture, beer signs, a Nazi flag, a POW-MIA flag, girlie pictures and a yellow cap with the initials KKK on it.
Inside the barn there was a sign that said Provincial Offences Court. There was also a lot of rust-coloured staining on the floor, some of it still wet. Stuart showed a video of the area and pointed out a firepit that police covered with a tent for investigation purposes. It's expected the jury will see inside Kellestine's house this afternoon. Six men have pleaded not guilty to eight counts of first-degree murder. The Crown's case is focusing on internal conflicts inside the Canadian chapter motorcycle club, both with the international headquarters and with the fledgling Winnipeg chapter that was under their control.
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Jury witnesses massive clutter
Fri, June 12, 2009
BANDIDOS TRIAL: Kellestine's farm seen in photos, video
To say Wayne Kellestine's farm was cluttered is a bit of an understatement.
The jury at the Bandidos trial took a look at the farm through photos and a video yesterday. They got sense of the mammoth job that faced police durng the six weeks they searched the 50-acre property at 32196 Aberdeen Line in Dutton-Dunwich in Elgin County three years ago.
OPP Det. Const. Ross Stuart returned to the witness box to act as tour guide for the six men and six women who have been hearing the three-month-long trial in which six men, including Kellestine, have pleaded not guilty to eight counts of first-degree murder. Parts of the barn where the Crown says eight Bandido bikers spent their final moments April 8, 2006, were jammed with junk -- old fridges and freezers, lawn tractors and parts, motorcycle parts, tires, building material, hardwood flooring and a yellow ball cap with the letters "KKK."
And in the barn's main room -- containing a Confederate flag, various pieces of living room and patio furniture and other more eclectic collections -- the cement floor was wet and stained. There was a ladder leading to a loft full of items that overlooked the main room. On the wall was a sign: "Provincial Offences Court." The shed was also packed. Tools and wrenches were neatly hung on the wall, but the benches were covered with power tools and junk. A Harley-Davidson motorcycle was covered with a tarp.
A Nazi flag hung on the wall.
Every room of the rambling four-bedroom house was full of clutter. The rear living room had a stone fireplace, family pictures on the wall and a large stereo. The room was crammed with collectibles. A couple of hand grenades were on one shelf and an old artillery shell leaned up against the wall with some walking canes. A large pickle jar had the words "Potty Mouth Jar" and was sitting on a shelf. A police scanner sat on a stereo speaker. The kitchen counter was cluttered and the dish rack full of dishes. Stuart pointed to an area of cupboard under the microwave that he said became an area of interest in the case. The toilet wasn't working in the main floor bathroom and there was a note on the wall warning people not to flush.
Stuart also showed photos from the fire pit near the barn where an archeological team from the University of Western Ontario sifted through the ashes. Remnants of eyeglasses, burnt money, belt buckles, zipper pulls, a Harley-Davidson lighter, cellphones and steel boot shanks were found. There were also burnt keys that were duplicated by the OPP special entry team in Orillia. The duplicates opened residences of victims Raposo, Muscedere, Trotta and Sinopoli. One key opened victim Salerno's car. The jury is expected to hear more about the archeological search next week.
The trial continues Monday.
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Bandidos jurors hear testimony about water sources
Canada - ~Bandidos jurors hear testimony about water sources on Kellestine farm~
Testimony continued today at the Bandido trial with cross-examination of the lead identification officer. Det. Const. Ross Stuart returned to the witness box this morning and identified where the OPP found police scanners and walkie-talkies at Wayne Kellestine's farm. He also identified photographs showing a bathroom with a toilet that had to be primed with water to work. Kellestine's lawyer, Clay Powell, asked Stuart if he had noticed that the copper piping that led to the bathroom had burst from freezing over the winter. Stuart said water sources for the bathroom could have come from a well beside the barn, empty freezers near the well that had filled with rainwater, or from the basement where the water was working.
The trial is in its third month.
Six men - Kellestine, 60, and Frank Mather, 35, of Dutton-Dunwich; Brett Gardiner, 24, of no fixed address; and Michael Sandham, 39, Marcelo Aravena, 33, and Dwight Mushey, 41, of Winnipeg - have pleaded not guilty to eight counts of first-degree murder. Eight men, all with ties to the Toronto chapter of the Bandidos motorcycle club, were found shot to death on April 8, 2006 along a rural Elgin County road near Shedden. The shooting victims were George Jessome, 52, George Kriarakis, 28, John Muscedere, 48, Luis Raposo, 41, Frank Salerno, 43, Paul Sinopoli, 30, Jamie Flanz, 37, and Michael Trotta, 31. The jury has heard evidence of an internal struggle between the Toronto Bandidos chapter, a fledgling Winnipeg chapter and the international headquarters in Texas.
The trial continues this morning.
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Cop watched accused in Bandidos trial get suspect vehicle cleaned, jury hears
Mon, June 15, 2009
The Chamois Car Wash in Winnipeg promised its customers they would "Look Good in a Clean Car."
Ex-police officer and fledgling Bandido biker Michael Sandham rolled the red GMC Jimmy into the car wash on Reenders Drive just two days after eight men had been found shot to death along a rural road in Elgin County near Shedden. The jury at the Bandidos trial — where six men, including Sandham, have pleaded not guilty to eight counts of first-degree murder — have heard that the Jimmy had been at Wayne Kellestine's farm, then began its journey back to Winnipeg the morning the bodies were discovered.
On the morning of April 10, 2006, Sandham took the SUV in for a carpet and seat shampoo, signed in the with name "Shane Stevenson" and waited for the cleaning. What he didn't know was that the other customer in the waiting area who was having a breakfast burrito with his son was a Winnipeg police officer and a member of the organized-crime unit. "I sit down in the lobby and I see Michael Sandham," said Const. Grant Goulet during his testimony this morning. Goulet was on his day off and had just returned from a long family road trip. He recognized Sandham from previous investigations. Sandham didn't recognize Goulet.
Shortly before 11 a.m., Goulet watched the Chamois staff bring out the Jimmy. He noticed that the driver's side rear bumper had been scraped. He saw there was plastic wrap over the seats, indicating they had been freshly cleaned. He watched Sandham get in the vehicle, took note of the license plate and watched Sandham do "counter surveillance" — bypassing obvious exits, sitting for a few minutes in one spot, then following the same routine again.
On April 15, 2006, Goulet was watching Sandham again — this time while on duty. Goulet was part of a surveillance team that followed Sandham to Selkirk, Man., just outside of Winnipeg, where he went to the local Walmart, dropped off his wife and child, then took the Jimmy to the service bay to have the tires replaced. The jury watched Goulet's surveillance video and saw the old tires be bagged up by Walmart service technicians and put into the back of the Jimmy. Later, Winnipeg police saw Sandham get rid of the tires "out in the middle of nowhere" near the intersection of Hillside and Heatherdale roads not far from Birdshill Park, 10 to 12 kilometres outside Winnipeg. The jury saw more videotape of the tire-disposal area and where the four B. F. Goodrich Radial Long tires came to rest after they were rolled down a steep hill into a ravine. Goulet noted that there was no other garbage or tires in the area.
Six men — Wayne Kellestine, 60, and Frank Mather, 35, of Dutton-Dunwich; Brett Gardiner, 24, of no fixed address; and Sandham, 39, Marcelo Aravena, 33, and Dwight Mushey, 41, of Winnipeg — have pleaded not guilty to eight counts of first-degree murder.
Eight men, all with ties to the Toronto chapter of the Bandidos motorcycle club, were found shot to death on April 8, 2006 along a rural Elgin County road near Shedden. The shooting victims were George Jessome, 52, George Kriarakis, 28, John Muscedere, 48, Luis Raposo, 41, Frank Salerno, 43, Paul Sinopoli, 30, Jamie Flanz, 37, and Michael Trotta, 31. The jury has heard evidence of an internal struggle between the Toronto Bandidos chapter, a fledgling Winnipeg chapter and the international headquarters in Texas.
The trial, in its third month, continues this afternoon.
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At Bandidos trial, cop maps out route taken by accused
Tue, June 16, 2009
Evidence continued this morning at the Bandido trial, with a description of an out-of-the way route one of the accused took during a tire-purchase drive from his Winnipeg home to a Selkirk, Man., Walmart. Winnipeg police Det. Sgt. Roger Penner mapped out the route for the jury hearing the testimony in the case of six men who have pleaded not guilty to first-degree murder — Wayne Kellestine, 60, and Frank Mather, 35, of Dutton-Dunwich; Brett Gardiner, 24, of no fixed address; and Michael Sandham, 39, Marcelo Aravena, 33, and Dwight Mushey, 41, of Winnipeg. The shooting victims — George Jessome, 52, George Kriarakis, 28, John Muscedere, 48, Luis Raposo, 41, Frank Salerno, 43, Paul Sinopoli, 30, Jamie Flanz, 37, and Michael Trotta, 31 — were all members of the Toronto chapter of the Bandido motorcycle club.
Testimony this week has focused on Sandham's movements the days following the discovery of the bodies on a quiet rural road in Elgin County on April 8, 2006. Penner said his unit in the organized-crime division was watching Sandham at the request of the Ontario Provincial Police. Sandham appeared to take measures to evade surveillance during his trip to Selkirk on April 15, 2006.
He took short side streets, doubled back and drove around city blocks. His round trip to Selkirk was almost twice as long as the direct route from his home. He ended up dumping his old tires in a remote ravine outside the city. Police retrieved the tires, then replaced them with “dummy tires” — thinking Sandham would return. And he did on April 17, 2006. Police followed Sanham to the area. The dummy tires were still there after Sandham left. Kellestine's defence lawyer, Clay Powell, asked Penner, in his role with the organized-crime unit, if he had any dealings with a man who is yet to testify and was with at the Kellestine farm during the shootings.
Penner said he knew the informant "to be in the drug game" and "hanging around with those types of people."
The trial continues this afternoon.
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Accused calm at border, trial told
Wed, June 17, 2009
By JANE SIMS
The alert went out to all U.S. border crossings to be on the lookout for Michael Sandham, "president of the Bandidos motorcycle gang in Winnipeg." At the remote border crossing at Neche, S.D., Tim Vetter, a U.S. border guard, found out there was "a possible situation" when he punched Sandham's name into his computer on May 30, 2006. Sandham, one of six men who have pleaded not guilty to eight counts of first-degree murder, had rolled up to the crossing an hour and a half from Winnipeg on his black Harley-Davidson motorcycle. He said he was going to Sturgis, S.D. Yesterday, at the Bandido trial in London, Vetter described his hour with Sandham waiting for clearance to allow him into the U.S.
Sandham, 39, is on trial with Wayne Kellestine, 60, and Frank Mather, 35, of Dutton-Dunwich; Brett Gardiner, 24, of no fixed address; and Marcelo Aravena, 33, and Dwight Mushey, 41, of Winnipeg. The shooting victims -- George Jessome, 52, George Kriarakis, 28, John Muscedere, 48, Luis Raposo, 41, Frank Salerno, 43, Paul Sinopoli, 30, Jamie Flanz, 37, and Michael Trotta, 31 -- were all members of the Toronto chapter of the Bandido motorcycle club. They were found shot to death along a rural road in Elgin County on April 8, 2006.
The jury has heard of the tensions between the Toronto-based bikers and their fledgling Winnipeg chapter. There was also friction between the Toronto members and the international headquarters in Texas, where there had been orders that the men give up their biker patches.
Sandham had chosen a quiet entry into the U.S.: Neche is on a a two-way highway where vehicles are processed one at a time. He filled out paperwork with his particulars and indicated he was on his way to Sturgis to check out the town before its large August motorcycle rally. The jury has heard Sandham didn't go to Sturgis, but headed to Houston to meet with the international executive of the Bandido motorcycle club. Vetter said he inspected Sandham's saddle bags and backpack. He found no cellphone or Bandidos-related items or maps that indicated he was going to Texas. Vetter said he and Sandham made small talk during the wait. Most people, he said, get upset when they have to wait a long time. "He was not agitated whatsoever," Vetter said.
Earlier, the evidence focused on a description of a long, out-of-the-way route Sandham took during a tire-buying trip from his Winnipeg residence to a Walmart in Selkirk, Man. Winnipeg Det. Sgt. Roger Penner mapped the route for the jury, looking at Sandham's movements the days after the bodies were found, at the OPP's request. Sandham dumped his old tires in a ravine outside the city. Police retrieved the tires and replaced them with "dummy tires," thinking Sandham would return. He did, on April 17, 2006.
Kellestine's lawyer, Clay Powell, asked Penner, in his role with the organized crime unit, if he had any dealings with a man who is yet to testify and was at the Kellestine farm during the shootings. Penner said he knew the informant "to be in the drug game" and "hanging around with those types of people." The jury also heard from an OPP locksmith who tested duplicates of keys found in a fire pit on Kellestine's farm. Many could be matched at the homes of the dead men.
The trial continues.
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Bandidos jurors hear about contents of Kellestine's fire pit
Thu, June 18, 2009
By JANE SIMS, LONDON FREE PRESS
At first glance, the fire pit at Wayne Kellestine's farm appeared to be nothing more than a heap of white ashes. But a closer look and the work of a University of Western Ontario archeology team unearthed clues about what happened there. There were three sets of eyeglasses, several sets of keys, charred cellphones parts, a burned sofa, various paper notebooks and a cigarette lighter with a Harley-Davidson emblem. Money clips — one with several burned $20 bills — zipper tabs, rivets, buttons, snaps, a belt buckle, steel toes from boots, film canisters, a broken headlight, metal strips, a wallet chain and coins were sifted out of the debris. And there were casings from shotgun shells.
This morning, Michael Spence, a University of Western Ontario professor emeritus and an expert in forensic archeology testified at the Bandido trial what he and his team found in the fire pit near the barn where the Crown says eight Bandido bikers spent their final moments on April 8, 2006. George Jessome, 52, George Kriarakis, 28, John Muscedere, 48, Luis Raposo, 41, Frank Salerno, 43, Paul Sinopoli, 30, Jamie Flanz, 37, and Michael Trotta, 31., all of the Toronto area were found shot to death and left in vehicles along a rural Elgin County Road near Shedden, about 14 kilometres from Kellestine's farm. All the men were associated with the Toronto chapter of the Bandidos motorcycle club. Six men have pleaded not guilty to first-degree murder — Kellestine, 60, and Frank Mather, 35, of Dutton-Dunwich; Brett Gardiner, 24, of no fixed address; and Michael Sandham, 39, Marcelo Aravena, 33, and Dwight Mushey, 41, of Winnipeg.
The archeology team sifted through the pit over three days from April 17 to 19, 2006. The police had placed a tent over the area and a tarp over the fire pit during the investigation to protect it for Spence's work. Spence described how the pit was mapped out and how each item found was documented. All of it was carefully removed from the area and sent away for analysis. Spence and his team also examined ashes in two metal drums on the property, a pail of ashes and the indoor fireplace. One drum near the fire pit had some siding, a candle holder, a garbage bag and glass and metal bottles and cans. The second drum near a picnic table had branches, tissues, two toe nails, cigarette butts and duct tape. The fireplace appeared to have been cleaned out, but another fire had been started. Spence's team found a condom, condom wrappers, computer parts, a paper notebook and a zipper tab.
The jury is also hearing from experts from the Centre of Forensic Sciences today who are discussing various pieces of evidence. Expert chemist Charlotte Smaglinski analysed some rust-coloured fluid taken from the Kellestine barn floor. The jury has seen photographs where its appeared the floor was smeared with the liquid. Part of it was acidic, and was likely hydrochloric acid, she said. There was also calcium, iron, zinc and potasium in the analysis. In separate experiments, Smaglinski tested the fluid with iron. It didn't take long for the acid to turn to a similar rust colour. None of the material was found on items of accused's clothing she examined — Frank Mather's boots, Brett Gardiner's boots or Kellestine's shirt and belt.
The jury broke for lunch in the middle of testimony from Douglas Isherwood, also from the Centre for Forensic Sciences. His expertise is in the retrieval of data from mobile-communication devices. Isherwood examined the remains of eight cellphones found in the fire pit. The blackened and melted pieces came to him in exhibit bags. No data could be retrieved from them because they were so badly damaged. But he was able to retrieve numbers off batteries and the phones and identify that some se emed to come from Motorola models. He also examined a Motorola phone found in a gym bag inside the games room in the Kellestine home.
The jury has heard that Gardiner used the nickname Bull. The calendar on the phone marked June 19 in 2004, 2005 and 2006 with the name Bull with a number, an icon resembling a gift.
The jury has seen an e-mail signed by Bull to a woman named Jessica. On the phone was a note for July 27, 2005, that Jessica was paid $150 "for baby," with a smiley face icon. There were several phone numbers in the address book, including one for "Jessi Baby Girl", "Jon the Wop" and Amy. Isherwood examined another cell phone found in Kellestine's kitchen. The address book included numbers for names familiar to the trial: victim nicknames Chopper (Raposo) BamBam (Salerno), Boxer (Muscedere) Crash (Kriarakis), Paulie (Sinopoli) and Pony (Jessome). There were entries for Tazman (Sandham), Frank Mathers (sic), Dwight A Mushy (sic) and Wayne.
There will be no more evidence heard until July 14 to allow Mushey's new senior lawyer Michael Moon, to get up to speed. Superior Court Justice Thomas Heeney told the jury he was sending them "off for summer vacation" but the case will enter "the home stretch." He told them once the trial continues "we will then plow through full speed until we finish the case." Assistant Crown attorney Fraser Kelly told the court the next witness will be M.H., a police informant who was at the Kellestine farm at the time of the shootings.
The trial continues in three weeks.
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Bandidos mystery witness to testify
Tue, July 14, 2009
BIKER TRIAL: The witness goes only by M.H.
He can only be called M.H. -- and he's the most anticipated witness in the Bandidos murder trial.
This morning, in court in London, he's expected to enter the witness box to begin what's believed to be lengthy testimony into what he saw the night eight men associated with the Toronto chapter of the motorcycle club were shot to death in Elgin County. After a three-week hiatus, the jury gets back to work at the Bandido trial with a flourish, finally hearing from the man who says he was at Wayne Kellestine's farm on April 8, 2006. M.H. has been referred to frequently during the trial that began March 31.
Elgin County Crown attorney Kevin Gowdey spoke about him in his opening statement with a promise his testimony would tell what happened in Kellestine's barn that night. The jury has heard about failing loyalties and tensions that had been building for months. Animosity grew between the Toronto chapter -- also recognized as the Canadian national chapter -- and the ambitious, fledgling Winnipeg probationary chapter that was their charge. The jury has heard the Winnipeg chapter was anxious for full status. There were also calls from Bandido international headquarters in Texas to pull the patches of the Toronto chapter because they were no longer following the rules of the club -- and the jury has seen e-mails plotting out the tension in the months before the deaths. M.H., travelled from Winnipeg with Sandham, Mushey and Gardiner to Kellestine's farm two weeks before the men died. He was there for the shootings and will describe what happened at the farm and about the internal conflict that led to the fatal day.
The jury has already reviewed a mountain of evidence -- photographs, e-mails, maps, and videos -- and heard from many witnesses, including police officers, one victim's wife, two girlfriends, civilians and an archeologist. The trial has had several stops and starts, the most lengthy delay because of a change in defence lawyer for Mushey. Brampton-based lawyer Michael Moon has taken over the senior defence role after Edward Royle left because of a serious family illness. Before the long break, Superior Court Justice Thomas Heeney promised the jury the case would enter "the home stretch" once it resumed.
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Star witness testifies about career as a Bandido
Tue, July 14, 2009
By JANE SIMS, AND JOHN MINER, LONDON FREE PRESS
He is tall and broad-shouldered with neatly trimmed hair, glasses and wearing a well-pressed blue suit. He smiles slightly when he talks about his wife and kids. He is forthright when he talks about his criminal past.
He is M.H., the star witness at the Bandido trial who entered the witness box this morning for his long-awaited testimony. His identity is under a tight court order, but through questions by assistant Crown attorney Tim Zuber, he did share in some of his past and how he became involved with the Bandido motorcycle club during his early testimony this morning. He also spoke of the tensions and power struggles within the organization. He identified all six accused, who have pleaded not guilty to eight counts of first-degree murder. One of them, Marcelo Aravena, crossed his arms in front of him and scowled. Dwight Mushey stared at him. M.H. is 40, he never finished high school. He worked in various construction jobs and eventually found himself selling cocaine at a Winnipeg bar.
He was a member of a Hells Angels puppet club and was busted twice for selling cocaine for the purpose of trafficking. By the time he finished his house-arrest sentence, the puppet club was no more and he had been contacted by a member of the Bandidos to join. He had met Mushey, who co-owned a nightclub called Daddy's, through a job. Aravena had been a doorman at the bar. It was he and Mushey who decided to join the Bandidos in the summer of 2005. They met Michael Sandham, the president of the probationary chapter. He also knew Jamie Korne, the vice president. Sandham told he and Mushey he had been an Outlaw in Woodstock, Ont. and had been in charge of a puppet club called the Black Pistons. He had turned his patch over to join the Bandidos. Sandham seemed to have control over all aspects of the probationary club and told the new prospects they would have their full-patch status soon once Toronto, their sponsors, approved. Within a couple months, M.H. and Mushey were promoted and Sandham had taken on the secretary-treasurer job with his presidential duties. He had eliminated the vice-president job.
In a set of rules handed out to M.H. and Mushey, drafted by Sandham, there were warnings not to contact the national chapter in Toronto about "internal problems." M.H. said Sandham included this rule because Korne had been "going behind his back" and directly to Toronto. "We have a chain of command in our chapter. USE IT! NO SIDE STEPPING!" the rules said. M.H. said they were sending dues to Toronto, but there was no decision from them to grant full-chapter status. M.H. said the Manitoba chapter couldn't get their patches without Toronto's approval. "We actually made our own," he said. "Wayne (Kellestine) told us Toronto wasn't talking to the States. Wayne told us to go make our own."
M. H. said he, Mushey and Sandham made up the Winnipeg executive with Sandham calling the shots. Other Winnipeg chapter members lived in Saskatchewan and one in Calgary. Brett Gardiner became involved with club while living with a Saskatchewan Bandido nicknamed J. B. (Just Bob). Gardiner moved in with Mushey in the summer of 2005. M. H. Said Gardiner was a prospect. There was also a Bandido puppet club started in Winnipeg called Los Montoneros. M. H. said he and Mushey put the club together - including former members of other motorcycle-related clubs - and Sandham conducted the security checks. M H. described meeting Toronto chapter members in Keswick with Mushey and Sandham. He also met Kellestine, the national sergeant-at-arms, who promised to bring up the Winnipeg chapter's status at a Toronto "church" meeting. M. H. said Kellestine supported granting them full-chapter status. "He wanted growth. He wanted to go coast-to-coast," M. H. said, adding Kellestine wanted "as many as we could get."
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Biker gang tensions escalated, mass murder trial told
LONDON, Ont. – A supposed eye witness to the largest mass murder in modern Ontario history finally took the witness stand today, describing escalating tensions within the Bandidos Motorcycle Club. The witness, who's now living under a new name in a witness protection program, can only be identified as "M.H." to protect his identity.
Dressed in a neatly tailored blue business suit and tie, M.H. looked more like a banker than a biker as he described tensions within the club in the year leading up to the slaughter of eight members of the Bandidos club in April 2006 near the tiny hamlet of Shedden, west of London. Speaking in a soft, low voice, the former executive member of the Winnipeg Bandidos said that most Toronto members didn't want the Winnipeggers to become full members of the club, and prefered to freeze them indefinitely at a probationary level.
One of the Winnipeggers' few supporters was long-time outlaw biker Wayne Kellestine, 60, who was the Bandidos' national sergeant at arms, meaning he was in charge of club discipline, M.H. said. "He wanted growth," M.H. testified. "... He wanted to go (expand) coast to coast. ... He wanted chapters in every province.... As many as we could get." Kellestine, 60, had a distinctly new look for court today, after court broke for a three-week recess. His hair was neatly cropped above his shoulders and his face was shaved clean and he wore a neat charcol-coloured sports jacket. It was a far cry from his wild look in the early days of the trial, when he wore a long pony tail. Two of his fellow accused, Dwight Mushey, 41, and Marcelo Aravena, 33, shot M.H. cold looks at he assumed the witness stand and told of his time in the Bandidos with them.
M.H. said he met Mushey at a nightclub in Winnipeg, where Mushey was co-owner with Eddie Blake, a former player with the CFL Winnipeg Blue Bombers. He said he met Aravena, a mixed martial arts fighter, because Aravena was a bouncer at Mushey's club, called Fat Daddy's. M.H. said he was contacted by members of the Winnipeg Bandidos about joining, but initially declined because he was on strict house arrest terms for possession of cocaine for the purposes of trafficking. Once that two-year sentence expired, he said that he and Mushey met Michael Sandham, 39, president of the Winnipeg Bandidos. He said that Sandham quickly told them that his Bandidos weren't to be confused with the larger Hells Angels Motorcycle Club. He said that Sandham told them: "It's all about brotherhood and riding.... The HA's (Hells Angels) are about the money and the drugs. The Bandidos aren't like that." M.H. said that Sandham handed Mushey and him a list of club rules, including "don'ts" that would get members expelled from the club.
The rules included a ban on:
— coming between two brothers (members)
— needle use and smoking chemicals (if it doesn't grow don't smoke it)\
— lying to a brother (member)
Kellestine, Sandham, Aravena and Mushey each face eight counts of first degree murder after the discovery of the bullet-riddled bodies of of John Muscedere, 48, of Chatham: Frank Salerno, 43, of Oakville; Paul Sinopoli, 30, of Jackson's Point, Jamie Flanz, 30, of Keswick, Michael Trotta, 31, of Mississauga and Torontonians George Jessome, 52, and George Kriarakis, 28. The bodies were found in vehicles abandoned by a farmers field near Shedden, 14 kilometers from Kellestine's farm. Also facing eight first-degree charges are Winnipeggers Marcello Aravena, 33, Michael Sandham, 39, and Brett Gardiner, 24, and Frank Mather, 35, of no fixed address. Gardiner's parents were in court today, along with a half dozen family members of the victims, including Muscedere's daughter, who's in her early twenties.
The trial continues.
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Bandidos Trial: Manitoba biker cast as control freak
Tue, July 14, 2009
From the moment the star witness at the Bandido trial joined the fledgling Manitoba chapter of the motorcycle club, there was no question about who was in charge. And Michael Sandham told the new members that “any day” their probationary chapter would have its full charter, the witness — a police informant — testified today. Sandham was president, secretary treasurer, rule maker and spokesperson for the Winnipeg-based chapter — a control freak driven by bizarre ambition. But approval never came from the sponsoring Toronto chapter — the men who would later be found shot to death on April 8, 2006 on a rural Elgin County road near Shedden. Those seeds of friction inside the motorcycle club a year before the shootings were mapped out yesterday by M.H., the star witness, whose identity is protected by court order and whose testimony has been the most highly anticipated of the long trial. M.H., 40, was one of a handful of members who joined the Bandidos in Winnipeg and was at Wayne Kellestine’s Dutton-Dunwich farm the night the
In Winnipeg, he was friends with Dwight Mushey, 41, and knew Marcelo Aravena, 33, and Brett Gardiner, 25, through the Bandido connections. Those men, along with Sandham, 39, Kellestine, 60, and Frank Mather, 35, of Dutton-Dunwich, have pleaded not guilty to eight counts of first-degree murder in the deaths of Bandidos Canada national president John Muscedere, 48, George Jessome, 52, George Kriarakis, 28, Luis Raposo, 41, Frank Salerno, 43, Paul Sinopoli, 30, Jamie Flanz, 37, and Michael Trotta, 31, all of the Toronto area. M.H. had met all of them, he said, after he decided with Mushey to join the Manitoba Bandidos. Within months, they were officers of the group — M.H. was sergeant–at–arms, while Mushey was secretary-treasurer. Yesterday, M.H. looked more like an office executive than a motorcycle club executive.
He’s tall and broad-shouldered with neatly trimmed hair, glasses and wore a pressed blue suit. He smiled slightly when he talked about his wife and kids. He was forthright when he talked about his criminal past. Assistant Crown attorney Tim Zuber asked him to identify each man in the long prisoner’s box. As M.H. said their names, Aravena, crossed his arms and scowled. Dwight Mushey stared at him. M.H. said he never finished high school. He said he worked in various construction jobs and eventually found himself selling cocaine at a Winnipeg bar. He was a member of a Hells Angels puppet club and was busted twice for selling cocaine for the purpose of trafficking. By the time he finished a house arrest sentence on his second charge, the puppet club was no more and a Bandidos member contacted him to join their new club. He already knew Mushey, who co-owned a nightclub called Fat Daddy’s, through a job. M.H. said he was contacted by Manitoba vice-president Jamie Korne and then met Sandham at a Winnipeg hotel. Sandham told M.H. and Mushey he was the president and passed on to them several pages of guidelines that promoted “the Bandido Way.” He told them he had been an Outlaw in Woodstock, Ont. and ran the puppet club called the Black Pistons. He said he came to Winnipeg after a police crackdown on the Outlaws. He decided to drop his patch for Bandido colours.
The rules included regular “church” meetings, no needle use or smoking chemicals (“If it don’t grow, don’t smoke it) and Sandham had final say in everything. “This club’s about sacrifice, get used to it,” one rule read.
One rule forbade any member to talk to the national chapter about internal problems — “they have enough on their plate anyway.” M.H. explained Sandham made the rule because Korne was “going behind (Sandham’s back) and speaking to the sponsoring Toronto chapter. Sandham eventually eliminated the vice president job and pushed Korne out of the executive. M.H. and Mushey didn’t spend nearly the required six months as prospects before they were executive members. Other Winnipeg chapter members lived in Saskatchewan and one in Calgary. Gardiner was a prospect member who lived with a Saskatchewan Bandido nicknamed J.B. (Just Bob). He moved in with Mushey in the summer of 2005 and wanted to be “fast-tracked” into the club. By the end of 2005, Aravena, who was the doorman at Mushey’s nightclub, became a prospect. M.H. said he and Mushey helped form a Bandido puppet club called Los Montoneros from former members of other motorcycle-related clubs and Sandham ran the security checks. But even after “jumping through hoops for the Toronto chapter,” the club still didn’t a charter, even after several trips to Toronto by Sandham, Mushey and M.H. to prove themselves. One-on-one, M.H. said Toronto members liked them, but at meetings the discussion was often heated and the Toronto chapter wouldn’t approve them.
And they didn’t have patches.
“We actually made our own,” M.H. said on the advice from Kellestine who was in favour of expanding the Bandidos across the country and told Winnipeg the national chapter was not in contact with the international bosses in the United States. “To him, it made no sense being a worldwide 1% club, we should be expanding,” M.H., said. Kellestine, he said, disapproved of drug use inside the Toronto club and that some members were kicked out for no reason. The patches were made by “a guy who owned a shop” that Mushey knew. Authentic patches should have been ordered by Toronto and sent from the United States.
The trial continues today. .
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Bandidos trial: Bikers were warned be ready "for the worst"
Wed, July 15, 2009
THE LONDON FREE PRESS
Wayne Kellestine told his uninvited biker guests from Winnipeg “to be prepared for the worst.”
It’s why he kept guns under the roof shingles of his farmhouse porch.
It’s why, in the days before the shooting deaths of eight Toronto Bandidos, an elderly friend gave him rusty green shot gun shells kept in a brown hat when he asked for ammunition.
A police informant known as M.H., the star witness at the Bandido trial, testified Wednesday Kellestine told the five Winnipeg Bandidos who showed up at his house at the end of March 2006, he wanted the ammo in case there was “a church” at the farm with a group of rogue Toronto bikers.
“To be prepared for the worst,” M.H. — whose identity is protected — told the Superior Court jury.
In Day 2 testimony by the Winnipeg biker-turned-informant, he described the club’s early tense months of 2006 and the two weeks the Winnipeg bikers crashed at Kellestine’s Elgin County farm, outside London, before the shootings.
Six men, including Kellestine, 60, have pleaded not guilty to eight counts
of first-degree murder. Michael Sandham, 39, the president of the Manitoba Bandidos probationary
chapter and an ex-police officer, Dwight Mushey, the chapter’s secretary-treasurer, Marcelo Aravena, 33, and Brett Gardiner, 25, identified as prospect members and Frank Mather, 35, who lived at Kellestine’s house, have also pleaded not guilty.
Bandidos Canada president John Muscedere, 48, Luis Raposo, 41, Frank Salerno, 43, Paul Sinopoli, 30, George Jessome, 52, George Kriarakis, 28, Jamie Flanz, 37, and Michael Trotta, 31 were found shot to death and their bodies left in vehicles on a rural Elgin road near Shedden on April 8, 2006.
M.H. was the Winnipeg sergeant-at-arms.
He, Sandham, Mushey and Gardiner showed up at Kellestine’s farm unannounced March 27, 2006, under orders from some American counterparts who wanted to know “what was taking so long” to pull the memberships of the Toronto chapter.
Kellestine had been given the task of pulling the patches.
The Toronto chapter, which had ended communication with the international headquarters in the U.S., was the Winnipeg club sponsor but had refused to give it full-charter status.
The Winnipeg chapter found a friend in Kellestine, a member of the Toronto Bandidos being frozen out by the rest of his group. When news came the Toronto chapter was to be disbanded under international orders for disobeying club rules, Sandham turned to Kellestine.
“Wayne was on our side,” M.H. said.
“If Toronto lost their patches, we could lose ours too.”
Sandham, who had control of virtually all aspects of the Manitoba club, contacted the international executive in Texas and there was no contact between Winnipeg and Toronto.
“Wayne and Sandham basically said, 'screw Toronto.’ We’re talking to the States now through Concrete Dave (Weiche) and stuff,” M.H. said.
Weiche, the jury has heard, had been a Toronto Bandido but had moved to
British Columbia.
He arranged for Sandham and Kellestine to meet Bandidos in Washington state at a Canada-U.S. border park ‹ “Brian”, identified by M.H. as the international president’s right-hand man, “Hawaiian Ken” and “Mongo”, the world sergeant-at-arms.
M.H. said the international president was “George,” from the Bellingham, Wash. chapter, who was in jail at the time.
At the park, M.H. said, Kellestine was told he’d be the head of a London chapter that would be called the Ontario Bandidos and was appointed president of the Canadian national chapter. Sandham would be national secretary-treasurer and Manitoba was granted its much-desired full chapter status.
But Kellestine had to “go back and pull the patches from the Toronto members.”
There was no discussion how the memberships would be pulled.
On March 25, 2006, Sandham called Hawaiian Ken, to ask about Toronto’s status. After several calls back, Ken told Sandham to take his crew to Kellestine’s farm “to see what’s going on with pulling the patches.”
Kellestine wasn’t to be told they were coming.
Aravena, a prospect living with Mushey, couldn’t go because he had a mixed-martial-arts fight, but plans were made for them to join up the following week.
Mushey, M.H. testified, asked if they should take weapons.
“Taz (Sandham) said no. If we needed weapons, Wayne would have them.”
Sandham, Gardiner, Mushey and M.H. took two days to drive to Kellestine’s farm in Sandham’s red GMC Jimmy. On the way they found out three men had been at Sandham’s in-laws in Winnipeg looking for him. The group surmised it was two Toronto Bandidos called Stone and Carlito who were with Jamie Korne, a Winnipeg Bandido who was on his way to being kicked out of the club.
Once they arrived at Kellestine’s farm, he was “surprised” to see them.
“Taz (told Kellestine) the States told him to show up there and that they’ll elaborate more after,” M.H. said.
They found out the three men in Winnipeg were there to kill Sandham. Carlito was to be the new president of the chapter.
Mather, who moved into Kellestine’s basement with his girlfriend, was introduced to the men by Kellestine as “one of his boys from London.”
The Winnipeg Bandidos also moved in, sleeping on couches. They were there two weeks. Sometimes they went into Dutton or London. They ate at Kellestine’s or the Holland House restaurant.
The second week, the group discussed how they were going to pull the Toronto patches.
Kellestine suggested they show up at a club meeting and “tell them they’re done, they’re no longer Bandidos.”
Sandham, who spoke of his military training, suggested he could shoot Muscedere with a rifle from the street when the national president was on his apartment balcony smoking a cigar.
Kellestine took some of the men to a nearby First Nation reserve where they met a man named “Cliff” to get shingles for his porch roof where he kept some guns. They also visited the elderly man for some shotgun shells.
On Friday, April 7, Kellestine said he’d tell the Toronto Bandidos there was “a church at his place,” and that Sandham and “another guy from Winnipeg want to know what is going on.”
Sinopoli was called from a phone in Dutton. He later confirmed they’d be coming to the farm.
“Wayne started to bring out the guns and stuff,” M.H. said, from upstairs in the house. Kellestine looked for gun parts all over the house. Some guns didn’t work or were missing pieces.
Mushey cut the barrel of a shotgun off in the shed and cleaned an old handgun Kellestine kept in the shed’s sink. Gardiner and Aravena cleaned some ammunition. Sandham put guns together and loaded a clip.
M.H. was shown several weapons and he identified them as the guns at the farm.
M.H. returns to the witness box Thursday.
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Bandidos boss planned to 'screw' Toronto chapter: murder trial witness
Accused handed out weapons ahead of meeting with Toronto rivals, police informant testifies
Last Updated: Wednesday, July 15, 2009 7:47 PM ET
A key witness in the trial of six men charged with murdering members of the Bandidos biker gang in southwestern Ontario testified Wednesday that the head of the gang's Winnipeg chapter said it was time to "screw Toronto" and work with Bandidos in Washington state instead.
The witness is a former Bandido from the Winnipeg chapter turned police informant who can only be identified as M.H. because he is now in a witness protection program.
He was testifying for the second day in a London, Ont., courtroom in the trial relating to the shooting deaths of eight Bandidos members and associates from the Toronto area. The bodies of the men were found on April 8, 2006, stuffed in several cars that had been abandoned not far from the community of Shedden.
During his testimony, M.H said Bandidos in Winnipeg were upset with gang members in Toronto who were holding the Winnipeg chapter back from full gang membership.
He said one of the accused, Michael Sandham, met with gang officials from the U.S. outside of Vancouver in early 2006 and returned home with the news that the Toronto chapter would "be no more."
Later that year, M.H. said, the Winnipeg members were told to travel to southwestern Ontario with their chapter boss to meet with Bandido Wayne Kellestine, a sympathizer who opposed the Toronto chapter despite being one of its members. Kellestine is one of the six defendants accused of first-degree murder.
The witness described how Kellestine felt slighted by the Toronto chapter, saying he was often informed of club meetings with little time to travel to Toronto from his farm near Shedden.
Under the agreement with the U.S. Bandidos made at the Vancouver meeting, Kellestine would become national president, Sandham would become secretary treasurer and Kellestine would also set up a chapter in London, M.H. testified.
It was to be Kellestine's responsibility to strip the Toronto members of their club patches, he said.
"The States wanted to know what was taking so long," M.H. said.
'Be prepared for the worst'
M.H. told the court that upon arriving at Kellestine's farm without advance notice, Kellestine told the Winnipegers that two Toronto Bandidos had just been sent to Winnipeg to kill the chapter's boss, not knowing that he and other members of the Winnipeg chapter were travelling east just as they were heading west.
The two groups had just missed each other, M.H. said.
On April 6 and 7, the men at Kellestine's house discussed what to do about the Toronto chapter, and it was decided that Kellestine would tell his fellow Toronto members he was holding a "church" — what they called club meetings — at his place, M.H. said.
Kellestine had mentioned he had a cache of weapons hidden under the shingles of his porch roof, and when he spoke of the need to replace the shingles after they were ripped up to get at the weapons, M.H. said, Kellestine was asked why.
"He said, 'Just in case. Be prepared for the worst'," M.H. testified.
Hours before the men were to arrive for the meeting, Kellestine began rounding up weapons — such as shotguns and rifles — that he had stored all over his house, M.H. said, and then the men went about putting them together, cleaning them and loading them.
The Crown alleges the eight men, who had all been shot in the head execution-style, were killed as part of an internal cleansing of the club.
M.H. is expected to give more testimony on Thursday about what occurred during the massacre itself.
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Bandidos ambush gunfire 'sounded like popcorn': witness
Accused were prepared to 'kill them all,' biker-turned-informant testifies
Thu, July 16, 2009
Informant testifies about what he saw the night eight bikers were shot dead
By JANE SIMS
The ominous words came from Wayne Kellestine in the days before the shootings of eight Toronto-area Bandidos bikers.
"If we kill one, we kill them all," he told biker visitors from Winnipeg as they prepared for a "church" meeting at Kellestine's Elgin County farm, southwest of London. Two nights later, a Winnipeg biker-turned-informant, identified at the Bandidos trial only as M.H., heard the "pop, pop, pop" of gunfire inside the barn that sounded like popcorn -- followed by loud bangs and more pops.
Moments later, M.H. testified yesterday, he saw Luis Manny Raposo -- known as Chopper to friends -- sitting on the floor of a cluttered room in the barn, his seven friends prone on the cement, some of them with shotgun wounds. Raposo's left arm was resting on a couch along the barn's east wall. "It looked like he had a wound in his neck and one in his chest," M.H. said. "There was blood on him. There was a little bit of blood on the floor." Raposo wasn't moving, but M.H. said his lips moved and it looked like he was trying to say something, but there was no sound.
That dramatic eyewitness testimony yesterday provided the first glimpse of the violence in Kellestine's barn on April 8, 2006, when eight members of the Toronto chapter of the Bandidos motorcycle club were shot to death. M.H., in the witness box for a third day as a Crown witness at the Superior Court trial of six men who have pleaded not guilty to eight counts of first-degree murder, didn't start his testimony until the afternoon. The jury wasn't told why. He picked up where he left off Wednesday, at the farm with four other Winnipeg Bandidos who'd shown up wanting to know why Kellestine hadn't pulled the patches -- and effectively kicked out of the club -- the rogue Toronto Bandidos.
The Toronto chapter was on the outs with the American international headquarters. The Winnipeg chapter, desperate for its full charter, needed support from its Toronto sponsors. In a move to skirt the unwanted Toronto Bandidos, Kellestine and Winnipeg president, Michael Sandham, met with American counterparts. Kellestine was told he had to pull the patches before he became national president, president of a new Ontario chapter based in London, and Manitoba would have its charter. The Winnipeg Bandidos arrived uninvited to Kellestine's farm two weeks before the shootings. They came without weapons, because Sandham had explained to the others, "if we needed weapons, Wayne would have them."
The jury saw a home movie taken at Kellestine's farm just days before the shootings showing the Winnipeg bikers -- M.H., Sandham, Dwight Mushey, Brett Gardiner and Marcelo Aravena -- and three other male visitors hanging out and joking at the farmhouse.
Kellestine moved the camera from man to man. He turned it on himself -- shirtless, his long grey hair looking wild. "It looks like I just checked out of a f---ing hillbilly convention," he joked as he turned the camera back on guests. M.H. told the jury on April 7, 2006, Kellestine invited the Toronto chapter to his farm for a "church" meeting to discuss Manitoba issues. Kellestine's wife and daughter and Frank Mather's girlfriend left for a friend's house. Then Kellestine, the Winnipeg crew, along with Mather, put together multiple guns Kellestine had on the farm. Sandham, M.H. said, put on a bullet-proof vest. "You should have told me you were bringing your vest," Mushey said to Sandham. "I would have brought mine." Sandham also had several sets of white latex surgical gloves. Everyone, except Kellestine and Mather, put them on, M.H. said. They put other gloves on over top of the surgical ones. Sandham had thin green military gloves. M.H. said he and Mushey had black leather gloves. Mushey duct-taped his onto the cuffs of his coat halfway to his wrists.
Assistant Crown attorney Tim Zuber asked M.H. if anyone said anything while they prepared. "It was kind of understood," M.H. said. "Wayne said 'be prepared for the worst.'" And at least once, M.H. said, Kellestine told them, "If we kill one we kill them all." And "no one questioned it," M.H. said. But Kellestine had concerns. "He was really worried about Boxer (Bandido national president John Muscedere)," M.H. said. "He would have trouble pulling Boxer's patch." M.H. said Kellestine wanted to "save" some of them -- George "Pony" Jessome, George "Crash" Kriarakis and Paul "Paulie" Sinopoli. But he "didn't care" about Frank "BamBam" Salerno or Raposo. And Michael "Little Mikey" Trotta was "a package deal" with Salerno. Kellestine said he thought "if he could get Boxer, the rest would fall into place," M.H. said --"cut the head off a snake." He also thought he could talk to Muscedere one-on-one, "but Chopper was always around."
While waiting for the Toronto men to arrive, Kellestine, Gardiner, Mather and Aravena stayed in the house. M.H. said the Toronto chapter didn't know Gardiner and Aravena, both Manitoba Bandido prospects, and if anyone asked they were "supposed to be from the reserve." Gardiner and Mather had the task of monitoring the police scanner -- a device that was never turned off the entire time M.H. was at the farm. M.H., Mushey and Sandham headed out to the barn with guns. M.H. had a long-barrelled black shotgun. Sandham had a .303 and a single shotgun. Mushey was armed with a sawed-off shotgun. While Sandham climbed up into the loft "for a good vantage point", M.H. and Sandham looked for a place to hide in the cluttered main room and then outside. At one point, Kellestine joined them in the barn, trying to hook up a C.B, radio before returning to the house. M.H. and Mushey ended up outside when the four Toronto vehicles began to arrive.
The first there were Muscedere and Raposo. They walked out to the barn with Kellestine. M.H. said he heard some conversation while listening through a softball-sized hole at the back of the barn, particularly Raposo, who boasted he'd "have a f---ing surprise for Taz (Sandham) when he shows up." "He said he was 'gonna put a f---ing hole in him," M.H. said. Raposo, Muscedere and Kellestine "kind of laughed about it." It took some time before all eight Toronto men were there. M.H. said from where he was at the side of barn, outside, he saw Flanz and Jessome smoking at the barn door. Not long later, M.H. heard the gunfire that lasted about 15 seconds. He and Mushey moved quickly inside the barn, while they heard Kellestine yelling, "telling everybody to get on the floor." "He's telling them not to move," M.H. said. In the barn, there was Kellestine with a .22-calibre rifle in his hands. M.H. could see Jessome, Kriarakis, Sinopoli, Salerno, Flanz and Muscedere lying on the floor, some of them with shotgun wounds and Raposo sitting up, bleeding. Sandham was still in the loft holding the .303, not saying anything. M.H. said he didn't see Trotta until 30 minutes later. He'd been on the floor behind a freezer in the room.
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Fri, July 17, 2009
Bandidos' final moments described in court
Testimony from police informant continues
LONDON, Ont. - One prayed in Greek. Another complained about wounds to his leg. As the first round of gunfire ended inside Wayne Kellestine’s barn, the president of the Toronto Chapter made an order. “Just keep your f---ing mouths shut,” said Frank Salerno, one of the eight men who would later die that night. “We’re bikers, we’re not the Boy Scouts. Stop your whining.” M.H., an informant testifying at the Bandidos trial, recalled Salerno’s words and the drama that was playing out before him while he stood with a gun and guarded the Toronto bikers, some of them with shotgun wounds.The gunfire that had erupted suddenly and mortally wounded Luis Manny “Chopper“ Raposo was over. He was dying on the floor, court heard. The remaining seven were directed to areas around the barn.
Kellestine, after the gunfire subsided was demanding to know “where are the other f---ing guns. I know you guys brought guns,” M.H. tesitfied. He grabbed the double-barelled sawed-off shotgun from near Raposo and took out a spent shell. Later, M.H. said, another sawed-off gun was found in a duffel bag. Michael Sandham had shot Raposo from the barn’s loft. He told Kellestine Raposo shot first and his bulletproof vest had saved him. “I’m here to pull your patches,” M.H. said Kellestine told the men. Kellestine began to act bizarrely, court heard. He sang a German national anthem and “did a jig." When the Toronto bikers said the Lord’s Prayer around Raposo’s body, he dropped to one knee and joined them. He was particularly mean to Jamie Flanz, calling him a “f---ing Jew,“ "a police informant” and vowing to “save you for last,” M.H. testified. It was national president John “Boxer” Muscedere who stood up and told Kellestine he was not an informant and that a murder took place in his home & he never talked about it to anyone.. He ordered all the Toronto men be searched and their property was put on a freezer. Frank Mather and Marcelo Aravena came out to join them in the barn, taking turns with M.H. guarding the prisoners while Kellstine, Sandham and Dwight Mushey had discussions outside.
Six men have pleaded not guilty to first-degree murder — Wayne Kellestine, 60, and Frank Mather, 35, of Dutton-Dunwich; Brett Gardiner, 24, of no fixed address; and Michael Sandham, 39, Marcelo Aravena, 33, and Dwight Mushey, 41, of Winnipeg. The shooting victims were George Jessome, 52, George Kriarakis, 28, John Muscedere, 48, Luis Raposo, 41, Frank Salerno, 43, Paul Sinopoli, 30, Jamie Flanz, 37, and Michael Trotta, 31.
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Bandido leader asked to be killed first, witness says
Fri, July 17, 2009
Testimony from police informant M.H. continues
By JANE SIMS, LONDON FREE PRESS
If they were all going to die, the Bandidos national president wanted to go first. "Do me. Do me first. I want to go out like a man," pleaded John "Boxer" Muscedere several times during the violent, savage night inside Wayne Kellestine's barn. M.H., a Winnipeg biker-turned-informant heard Muscedere, then watched Kellestine try to calm him. "John, come on, we're going to let you go." Already one Toronto Bandido, Luis Manny "Chopper" Raposo was dead & wrapped up in a large throw rug, by two other Toronto bikers with lower ranks.
By the early morning, the eight Toronto bikers who had come to the farm for a "church" meeting would be shot to death. It was a dramatic morning at the Bandidos trial when the jury finally heard what happened inside Kellestine's barn the night the men were killed. M. H., who is testifying at the trial of six men, including Kellestine, who have pleaded not guilty to eight counts of first-degree murder was one of the Winnipeg Bandidos who was there and saw each man led out of the barn to their deaths.
M.H.'s composure — rock-solid until today — cracked a few times as he described how the plan was carried out like a military exercise. And for the first four executions outside the barn, Kellestine was there with a .22 calibre rifle. A sawed-off shotgun was beside Raposo. Michael Sandham, the Winnipeg president and one of the accused, told Kellestine Raposo had shot at him first.
Kellestine was convinced others had guns. The eight were searched by M.H., Dwight Mushey, Sandham and Kellestine. Personal property — cellphones, identification — was put on top of a freezer. Kellestine's behaviour was erratic. He told Mushey he could "shoot Boxer if he moved from that f---ing spot." I'm here to pull your patches," he told them and that they were "done by orders of the States."
He sang a German anthem, he did a jig. He said the Lord's Prayer on one knee with the Toronto victims as they prayed over Raposo's body. He saved his most savage ridicule for Jamie Flanz — calling him a "f---king Jew", "a police informant" and promised to "save you for last." Muscedere stood up and spoke to Kellestine, defencing Flanz, and assuring Kellestine he wasn't an informant. M.H. said Kellestine struck Flanz repeatedly and told him he would be executed last, because he was Jewish and Kellestine wanted him to suffer the most.
George Kriarakis was wounded in the abdomen. Paul Sinopoli was shot in his right thigh. Frank Salerno had small holes in his calf. Michael Trotta had a swollen eye from being "butt stroked" with a gun by Kellestine. When Kriarakis prayed in Greek and Sinopoli complined about his wound and diabetes, Salerno, the Toronto chapter president told them to "keep your f---ing mouths shut." "We're bikers, we're not the f---ing Boy Scouts," he said. "Stop your whining."
Accused Marcelo Aravena joined them in the barn, carrying a baseball bat. He later had a gun in his hand to help guard the men while others were taken out out for execution. Sometimes, as the night wore on, the cellphones would ring, one more than others. One was ringing more than another.
"Boxer said it was his wife phoning," M.H. said during his fourth day of testimony. "Wayne said answer it and 'don't say anything f---ing stupid.'" Boxer told his wife "he'll be home in an hour or two," M.H. said. "we're just in church and that he loved her." After Mr. Raposo died of blood loss from wounds to the neck and chest, and was bundled out of the barn in a rug, the next to die was John Muscedere, the 48-year-old president of the Toronto chapter.
It was then M.H. had to stop, wipe his eyes, drink some water and continue. Muscedere did go first, walking behind Kellestine, with Frank Mather following and also holding a gun. M.H. said he heard "pops", then Kellestine and Mather returned.
Brett Gardiner was in the barn then, having left his post in the house where he was listening to the police scanner. "did you f---ing hear that. I should go check on Wayne," he said. Mushey told him to go back to the house. Kriarkis went next with Kellestine and Mushey. Kellestine returned for George "Pony" Jessome. Kellestine again asked for someone to fall in behind Jessome. M.H. stepped up.
They walked to the tow truck — Kellestine, Jessome and M.H. Jessome was ordered by Kellestine to get in the rear passenger seat of the truck. "Wayne shoots him in the head, lifts his shirt, sticks the gun underneath and shoots him again," M.H said, his voice breaking.
M.H. was ordered to move Flanz's Infiniti after moving the tow truck to the farm gate. On the way back to the barn, Kellestine was complaining. "He was bitching about having to do the wet work," M.H. said. "Wet work" meant "killing."
Trotta and Flanz were ordered to clean the floor of the barn. Sinopoli was taken out by Kellestine and Mushey. M.H. heard more pops. Then Salerno was told to follow Kellestine. Something happened when he walked past M.H., but the witness lost his composure. Lunch was called. The trial continnues this afternoon
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Bandidos led one by one to their executions, witness testifies
Fri, July 17, 2009
Testimony from police informant M.H. continues
By JANE SIMS LONDON FREE PRESS
Editor's note: The trial coverage is graphic and may not be appropriate for some readers.
They'd watched one biker brother die on the cold, concrete floor of Wayne Kellestine's barn. Over the next few terrifying hours, the Toronto Bandidos each waited for their turn. Leading them to their ends at the deadly "church" meeting was a twisted and erratic Wayne Kellestine, with a .22-calibre rifle in his hands and executions on his mind. Helping him, a biker-turned-informant testified yesterday, were other Bandidos who did nothing to stop the carnage. When there were complaints, it was one of the men set to die reminding them all who they were. "We're bikers, we're not the fucking Boy Scouts," said Toronto chapter president Frank Salerno. "Stop your whining." The informant, a former Winnipeg biker who can be indentified only as M.H, told a packed, hushed courtroom about the final moments of the eight men shot to death April 8, 2006. It was methodical, emotional testimony at the trial of six men, including Kellestine, who have pleaded not guilty to eight counts of first-degree murder.
M.H. had come to Elgin County in late March 2006 with the rest of the Winnipeg men to help Kellestine pull the patches of the "No Surrender Crew." M.H.'s composure — rock-solid until yesterday, his fourth day on the stand — cracked a few times as he described how the shootings were carried out like a military exercise. At the back of the court, family members of the dead men sobbed quietly. The patch-pulling would clear the way for the Manitoba chapter to have a full charter and Kellestine, who was on the outs with his former Toronto club, would be national president. But before that would happen, there'd be plenty of bloodshed.
The Toronto Bandidos had travelled to the Kellestine farmhouse for a meeting, and at least two of them had arrived with shotguns, the jury heard. But they were overpowered by Mr. Kellestine and the Winnipeg faction, including M.H., who, like most of the accused, was armed and had donned two pairs of gloves in preparation. When the execution-style killings began late that Friday night, one of the eight - Luis Raposo, 41 - was already dead, fatally shot in a gun battle inside the Kellestine barn with co-accused Michael Sandham, 39. Three other Toronto Bandidos had been shot and wounded and two more had been beaten. Now it was time for them all to die..
The first rounds of gunfire came in a flurry inside the barn. When it was over, Luis Manny (Chopper) Raposo was fatally wounded in the neck by Winnipeg Bandido president Michael Sandham, who was hiding in the loft. M.H. and Dwight Mushey had been outside the barn with guns when they heard the shots and quickly joined Kellestine inside. Kellestine grabbed a sawed-off shotgun near Raposo's body and demanded to know who shot first. "'Was it fucking Chopper, or was it you?'" he said to Sandham, M.H. testified. An agitated Sandham said "Chopper shot first." His bullet-proof vest, he said, saved him. M.H. said Kellestine insisted the Toronto bikers had three more guns. He ordered the men be searched, their property — cell phones, ID, pocket change, knives — placed on a deep freeze in the room. Frank Mather and Marcelo Aravena were told to search their vehicles. Later, Mather produced a blue duffle bag with a gun inside it. The Toronto bikers sat in chairs placed around the room. Kellestine told Mushey he could "shoot Boxer if he moved from that fucking spot." "I'm here to pull your patches," he announced to them, and that they were "done by orders of the States."
He ordered victim Michael Trotta, already nursing a badly-injured eye after he was "butt-stroked" by Kellestine, to take down a list of Bandido property. George Kriarakis, who prayed quietly in Greek, was wounded in the abdomen, M. H. said. Paul Sinopoli had a shot in his right thigh. Frank Salerno had small holes in his calf. John (Boxer) Muscedere, the national president, begged Kellestine to get help for Raposo and checked his pulse. Kellestine said he was already dead. Kellestine sang a German anthem and did a jig. When the Toronto group came together to say the Lord's prayer at Raposo's body, Kellestine dropped on one knee and joined in.
He saved his most savage ridicule for Jamie Flanz — calling him a "fucking Jew" and "a police informant," hitting him and vowing to "save you for last." Muscedere stood and defended Flanz and told Kellestine he wasn't an informant and that a murder took place in his home & he never talked about it to anyone. M.H. said Kellestine struck Flanz repeatedly and told him he would be executed last, because he was Jewish and Kellestine wanted him to suffer the most. Flanz and Trotta were ordered to roll Raposo's body in a carpet and take it out. It was clear to Muscedere what was going to happen. "Do me. Do me first. I want to go out like a man," he pleaded. "John, come on, we're going to let you go," Kellestine assured him. Sometimes, as the night wore on, the cell phones would ring, One rang more than others. "Boxer said it was his wife phoning," M.H. said. "Wayne said 'Answer it and don't say anything fucking stupid.'" Boxer told his wife he would be home "in an hour or two," M.H. said. "'We're just in church' and that he loved her." After Mr. Raposo died of blood loss from wounds to the neck and chest, and was bundled out of the barn in a rug, the next to die was John Muscedere, the 48-year-old National President of the chapter.
An emotional M.H. had to stop his testimony, wipe his eyes and drink water before continuing. Muscedere did go first to execution, walking out of the barn behind Kellestine, with Frank Mather following and also holding a gun. M.H. said he heard two to five "pops," then Kellestine and Mather returned. Aravena joined them in the barn, carrying a baseball bat. He later had a gun in his hand to help guard the men while others were taken out. Brett Gardiner was in the barn then, having left his post in the house where he was listening to the police scanner. "Did you fucking hear that. I should go check on Wayne," M.H. said he said. Mushey told him to go back to the house. Gardiner left.
The executions took on a repeated pattern. Kellestine would ask for each man by name to walk out of the barn, and for one of his associates to follow behind with a gun. Kriarkis went next with Kellestine and Mushey. Kellestine returned for George (Pony) Jessome. Kellestine again asked for someone to fall in behind Jessome. M.H. said he stepped up. They walked to Jessome's tow truck — Kellestine, Jessome and M.H. Jessome was ordered by Kellestine to get in the truck's back seat. Kriarakis's body was already there. "Wayne shoots him in the head, lifts his shirt, sticks the gun underneath and shoots him again," M.H said, his voice breaking. On the way back to the barn, Kellestine was complaining. "He was bitching about having to do the wet work," M.H. said. "Wet work" meant "killing."
Trotta and Flanz were ordered by Kellestine to clean the barn floor with buckets of water and Javex. Sinopoli was led out by Kellestine and Mushey. M.H. heard more "pops." Then Salerno was told to follow Kellestine. As he walked past M.H., Salerno held out his hand. "He wants me to shake his hand," an emotional M.H. said. "I don't do anything. I don't shake his hand." Mushey did shake Salerno's hand before following him and Kellestine out of the barn. There were more "pops." While waiting, Flanz talked to Sandham about his children. Trotta was led out by Kellestine and Mushey. M.H. heard more "pops." Then all of them, still armed, fell in behind Kellestine and Flanz and left the barn. Flanz was put into the back of Trotta's car where Gardiner had stuffed a variety of items including bedding and a child's mobile, M.H. said. Sandham had a handgun that had been on Kellestine earlier and shot Flanz, but then struggled with the gun, complaining it had jammed. He and Mushey went into the house to fix it. Mushey came back out, got in the car and shot Flanz again.
Meanwhile, Kellestine had retrieved some gas cans after Mather said Flanz's Infiniti needed gas. Mather and Gardiner were trying to shut the SUV's hatch where (Big Paulie) Sinopoli was shot. M.H. said Mather tried to push Sinopoli's body in with his feet. Kellestine was antsy, M.H. said. 'He said, 'Come on, come on guys, gotta get going, gotta get going.'" Kellestine told Mather to go to the Kitchener-Waterloo area. He unlocked the gate. M.H. drove the tow truck with Raposo's Volkswagen hitched to the back and followed Mather with Gardiner as a passenger in the Infiniti. Mushey, with Aravena, drove Trotta's car behind him. Sandham followed with his GMC Jimmy. They were on Highway 401 briefly but plans changed. M.H. followed Mather to a rural road where he ditched the SUV in a field. The others left their vehicles and headed back with Sandham to Kellestine's property. Kellestine was confused when they returned so soon. "Wayne's going, 'How fucking far did you guys go?'" M.H. said he asked Mather. Mather said he was running out of gas and "had to leave them where they were."
The men all stripped their clothing at the door of the house. The guns were disassembled and wiped down. Kellestine put them back in a bag and took them away. M.H. said he and Kellestine went through the dead men's personal property. He put the change in his daughter's "Potty Mouth Jar" for when anyone swore, and offered a wad of bloodied bills to Sandham as a joke for the trip back to Winnipeg. He kept Kriarakis's Harley-Davidson baseball cap and a knife. Sandham and M.H. started a pit fire, burning clothes, a couch and the ID. Then there was a quick Bandido meeting. Gardiner, who was staying behind with Kellestine, and Aravena were promoted to club prospects. "Wayne's going to keep forming the London chapter and Winnipeg is going to keep moving forward, expanding," M.H. said. Sandham was concerned about two Toronto Bandidos supposedly in Winnipeg to kill him. Kellestine told him, "'Well, do them when you get back there,'" M.H. testified. Then Sandham, Mushey, Aravena and M.H. left for the trip back to Winnipeg.
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Eight victims taunted by sadistic ring leader, then slain in cold blood, bike gang informant testifies
Witness in tears as he describes hours of execution-style slaughter, then details how the accused bungled the disposal of bodies and returned to the killing ground
LONDON, ONT. —
Clad in a combat jacket, he sang in German, danced little jigs and mockingly sank to one knee to join in reciting the Lord's Prayer.
Then, like the ringmaster in a grotesque circus, accused mass murderer Wayne Kellestine, the oldest of six outlaw bikers charged in the slaying of eight former comrades from the Bandidos motorcycle gang, began leading the victims out of the barn to their deaths.
The work, however, was apparently not entirely to his pleasure.
Partway through the slaughter, Mr. Kellestine "bitched about having to do all the wet work" - a euphemism for killing, the murder trial of the six accused was told yesterday.
The testimony came from a biker-turned-informant who twice broke down in tears as he recounted the events of April, 2006. Others in the courtroom were weeping, too, as the defector and star prosecution witness, identified by the initials M.H., painted a picture of unrelieved cruelty and violence.
But along with the horror was evidence of near-unbelievable stupidity.
Among other things, yesterday's testimony explained why the eight slain bikers ended up in an Elgin County farmer's field just 14 kilometres from the Kellestine residence, 40 minutes west of London, stuffed into four abandoned vehicles.
The plan had been to haul the corpses up to the Kitchener area, but one of the cars ran out of gas.
And when the massacre was finally over, and the weapons were being disassembled and incriminating clothing burned, soon after dawn on April 6, 2006, M.H. testified, Mr. Kellestine took the coins found in the victims' pockets and put them in his nine-year-old daughter's "potty-mouth jar."
Taking copious notes, seated alongside the other five defendants in an individualized prisoner's box, Mr. Kellestine stared hard as his adversary laid out assistant Crown prosecutor Tim Zuber's case.
Together with four other members of the Winnipeg Bandidos faction, M.H. had journeyed to Mr. Kellestine's farmhouse on a mission to "pull the patches" - strip them of membership - of the dominant Toronto chapter, to which all eight victims were affiliated.
The move came in response to orders from the Bandidos' U.S. leadership, the trial has been told. Then, a new U.S.-approved Bandidos chapter was to be founded, with Mr. Kellestine, now 60, at the helm. The Toronto Bandidos had travelled to the Kellestine farmhouse for a meeting, and at least two of them had arrived with shotguns, the jury heard.
But they were overpowered by Mr. Kellestine and the Winnipeg faction, including M.H., who, like most of the accused, was armed and had donned two pairs of gloves in preparation.
When the execution-style killings began late that Friday night, one of the eight - Luis Raposo, 41 - was already dead, fatally shot in a gun battle inside the Kellestine barn with co-accused Michael Sandham, 39.
Three other Toronto Bandidos had been shot and wounded and two more had been beaten.
Now it was time for them all to die.
As he orchestrated the overnight massacre, the trial heard, sipping beer and alternating between rage and occasional promises of mercy, Mr. Kellestine made clear to the Toronto Bandidos what was going on.
"You're done, by order of the States, I'm here to pull your patches," M.H. recounted him saying.
M.H. outlined for the jury the circumstances of the seven other killings, two of which he said he witnessed at close hand.
After Mr. Raposo died of blood loss from wounds to the neck and chest, and was bundled out of the barn in a rug, the next to die was John Muscedere, the 48-year-old president of the Toronto chapter.
Known as Boxer, Mr. Muscedere had asked to be the first to be killed and exhorted the doomed Toronto bikers to remain strong.
"Keep your fucking mouths shut, we're bikers not Boy Scouts, we know how the game is played," M.H. recounted him saying.
Mr. Muscedere got his wish.
Escorted by Mr. Kellestine and co-accused Frank Mather, 35, both of them armed, he was led outside.
"Then I hear pops, maybe two or three," M.H. testified.
After an interval of around 15 minutes, Mr. Kellestine and Mr. Mather returned without their prisoner.
Next was George Kriarkis, 28, already wounded in the abdomen and praying in Greek. He was led out of the barn by Mr. Kellestine and co-accused Dwight Mushey, 41.
Then the two accused came back.
The next to go was George Jessome, 52, and this time it was M.H. who accompanied Mr. Kellestine out of the barn.
He described leading Mr. Jessome out to his tow truck, parked in the Kellestine driveway.
In the back, dead, was Mr. Kriarkis.
Mr. Kellestine ordered Mr. Jessome to get in too, and as he was climbing in, Mr. Kellestine shot him twice with his .22 Mossberg rifle, M.H. said - once in the head, and once in the upper body, after pulling up the victim's shirt for a clear shot.
Paul Sinopoli, 30, was the next to be killed, M.H. testified, led from the barn by Mr. Kellestine and Mr. Sandham.
Again, M.H. recounted hearing "pop, pop, pop," from outside the barn, where he and other Winnipeg Bandidos guarded the shrinking pool of Toronto Bandidos, two of whom were cleaning up the large pool of blood from where Mr. Raposo was shot.
"Paulie didn't come back," M.H. told the trial.
Mr. Kellestine's next victim was Frank Salerno, 43, M.H. recounted, tearing up as he described Mr. Salerno being led away, asking for one last handshake.
This time, Mr. Mushey, carrying a pump-action shotgun accompanied Mr. Kellestine out of the barn.
"Again, I heard pop-pop-pop," M.H. told the jury.
The next Toronto Bandido to die was Michael Trotta, 31, the trial heard, led from the barn by Mr. Kellestine and Mr. Mushey.
And finally, there came the turn of Jamie Flanz, a Jew for whom Mr. Kellestine - long known locally for his Nazi sympathies - harboured a special dislike.
Several times through the long night, Mr. Kellestine had called Mr. Flanz a "fucking Jew" and told him he would be the last to die.
He was, and it was an especially brutal death, M.H. testified.
Mr. Flanz was led to the dead Mr. Trotta's car, where M.H. said he saw Mr. Sandham shoot him in the face with a handgun.
But the gun jammed, M.H. said, prompting some repair work inside the house.
Then Mr. Mushey returned, and, using the same handgun, finished Mr. Flanz off, M.H. said.
With the killing done and the victims' bodies all in their own cars, the convoy set off up Highway 401, heading east, with three of the Winnipeg Bandidos driving the vehicles (Mr. Jessome's tow truck was hauling another car).
Mr. Sandham followed in his own vehicle.
But the ghastly cargo did not get far, because Mr. Trotta's car ran out of gas, the trial was told.
So the four vehicles were abandoned in Shedden, where M.H., driving the tow truck, managed to get stuck on a soft shoulder.
Mr. Sandham picked up the others, and the crew headed back to the Kellestine farmhouse, whose owner was surprised to see them back so soon.
"Well, how far did you fucking guys go?" he demanded.
The killers stripped off all their clothes, and dumped them in a fire pit outside the farmhouse, along with all the keys, ID, cellphones and everything else the victims had been carrying.
Mr. Sandham had trouble getting the fire going, M.H. testified, so he dumped gasoline on it, creating a blaze that other witnesses have said was visible from far away.
Mr. Kellestine, however, kept a baseball hat belonging to Mr. Kriarkis, because he liked it.
The last order of business, M.H. testified, was to formalize the Bandido probationary membership of co-accused Marcelo Aravena, 33, and Brett Gardiner, 25, who were to be part of Mr. Kellestine's new chapter.
There was one other matter to be resolved: Two Toronto Bandidos were believed to be in Winnipeg, looking to kill Mr. Sandham.
Mr. Kellestine offered a solution. "Do them [kill them] when you get back," M.H. testified he said. Then Mr. Sandham took the wheel of his Jimmy, and, together with M.H., Mr. Mushey and Mr. Aravena, began the long drive back to Winnipeg.
Mr. Mather and Mr. Gardiner stayed behind at the Kellestine farmhouse.
But not for long.
By lunchtime that Saturday, provincial police were encircling the property and by the end of the weekend, all three men were under arrest.
And a few weeks later, after M.H. had decided to become an informant in the case, the accused Winnipeg Bandidos were also picked up.
M.H.'s testimony resumes Tuesday
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Bandidos informant: Getaway included shampoo stop
Tue, July 21, 2009
Apparently, in the biker world, Head and Shoulders shampoo isnt just for dandruff.
On the way back to Winnipeg in the hours after a bloody night on Wayne Kellestine’s farm, the Manitoba chapter of the Bandido motorcycle club needed to stop at a Barrie Walmart for supplies.
Dwight Mushey, one of the six men who has pleaded not guilty to eight counts of first-degree murder, picked up a bottle of Head and Shoulders.
“Dwight said it’s good for removing g.s.r,” said M.H., a former Winnipeg Bandido who is the star witness at the Bandidos trial.
“That’s gunshot residue” M.H. explained.
On his fifth day in the witness box, M.H., 40, described the trip back to Winnipeg and his hooking-up with police investigators in the aftermath of the biggest mass slaying in modern Ontario history.
The jury also heard conversations between the bikers recorded during police phone intercepts and while M.H. was wearing a body pack.
M.H. said he and Mushey, 41, Marcelo Aravena, 33 and Michael Sandham, 31, left Kellestine's farm in Sandham's red GMC Jimmy the morning of April 8, 2006 after the eight men's bodies had been driven off the property and left on a quiet rural road.
They needed to stop at the Walmart because Aravena and Sandham had no footwear — theirs had been burned in the Kellestine fire pit after the bodies had been disposed.
Along with the Head and Shoulders, they picked up some chips, pop, cheesies, a couple pairs of sandals and razors. They stopped for gas and continued on their journey.
No one discussed what had happened hours earlier, even though the radio was on in the SUV.
M.H. said they stopped at an ice cream place where he tried to withdraw money from a bank machine, but couldn1t because the account was tapped.
The four men went on to a truck stop in the same community — later identified as the Cobalt Truck Stop, where they each had a shower, and
Sandham and Mushey shaved off their facial hair .
The four men slept four hours in the Jimmy. Once over the Manitoba-Ontario border, they concocted their alibi — they would say they left Ontario on Friday before the shootings and arrived in Winnipeg on Saturday night.
But within a day or two of returning to Winnipeg, M.H. called Winnipeg police officer Tim Diack.
At first, M.H. said, he was not truthful and stuck to the cover story.
In subsequent meetings with Diack, M.H. told him more. Then Diack took him to a hotel room where he told his story to two Ontario police officers. He drew sketches of the area and the farm and his statement was videotaped.
M.H. explained he entered into an agreement with the Ontario attorney-general promising to tell the truth, co-operate and provide DNA and fingerprints. In exchange he was granted immunity.
M.H. said it was Diack who spoke of $750,000 in the negotiations. But in the end, M.H. said the agreement was made for no money.
After M.H. contacted police, the Winnipeg Bandidos continued on, although there were not as many “church meetings.”
But there were some discussions about what happened in Ontario.
In the weeks following the shootings, M.H. had some gall bladder problems. He was taken to the emergency room of a Winnipeg hospital where Mushey and Aravena visited him.
And it was there Mushey talked about victim Jamie Flanz, and how the last man to die at the Kellestine property looked before “he went to finish him off.”
Mushey said Flanz1s eyes were “big and how Jamie was trying to say something,” M.H. recalled. Then Mushey laughed “like it was a joke or something.”
Aravena, M.H. said, talked about how scared he was that night. Mushey kidded him saying Aravena said, “If you have to shoot me, don’t shoot me in my pretty face” when they were driving the bodies away from the farm.
Aravena giggled too, M.H. said. He “thought it was kind of funny.”
There were phone conversations played for the jury between M.H. and other Winnipeg Bandidos.
In one, Mushey joked Aravena was “prancing around like a princess” in his new Bandido vest. Even though Aravena had been promoted to probationary, he had a prospect vest because they didn1t have enough patches ‹ and the patches were being made by the Winnipeg chapter and sewed on vests by
Aravena’s mother. There were hints that the “love, loyalty and respect” that the Bandidos shared as part of their culture was waning among the Winnipeg members. There was controversy over club funds and money owed by a puppet club called Los Monteneros.
Sandham, who had was the Manitoba president, was referred to as “Little Buddy” and “Little Beaker” in private conversations between M.H. and Mushey.
M.H. said the police wanted him to get the others to talk about the night at the farm and asked him to plant the suggestion in Mushey that Sandham took credit for killing three of the Toronto bikers.
On the way to the gym, and M.H. wearing a body pack, M.H. made the suggestion. “That’s kind of funny he would come to my number,” Mushey said.
The conversation turned to Sandham’s habit for taking credit for their work.
M.H. said Mushey used hand signals when he talked. “We talked about this after this (Mushey held up eight fingers for the eight dead), united.”
“Whoever did this (Mushey drew his fingers across his throat) or this (Mushey held his hands like he was holding a gun), it1s the same (expletive) really if you think about it.”
Then Mushey agreed Sandham acted like he had never shot anyone before during the shooting of Flanz. Sandham1s excuse later for not killing him, M.H. said, was “because Jamie Flanz has kids and Taz (Sandham) has kids.”
In the recording, M.H. explained what Mushey’s comments were about. Mushey told Kellestine that Sandham didn’tkill Flanz. He was met with a “cold stare,” and thought Kellestine was going to tell him to kill Sandham.
“At one point I thought we were all going to get it,” M.H. said to Mushey.
Mushey told M.H. that in private conversations outside Kellestine’s barn between Kellestine, Mushey and Sandham, after Sandham first killed victim Luis Raposo and before the executions began, the Manitoba president said nothing.
“I even told (Kellestine) I said our guys are with you,”Mushey said.
They laughed about Aravena and how he seemed so scared he was close to tears that night.
The trial continues today.
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Jurors hear how Bandidos met their fate
Wed, July 22, 2009
By JANE SIMS
THE LONDON FREE PRESS
While they lifted weights and worked out, two Winnipeg Bandidos talked about killing eight men.
The star witness at the Bandidos trial, a man who can be identified only as M.H., interpreted recordings he made while wearing a body pack hidden microphone for the police investigating the shooting deaths of eight Toronto Bandidos on April 8, 2006.
Dwight Mushey, one of the accused, regularly went to the gym with 40-year-old M.H. At one of their workouts June 12, 2006, two months after the shootings, as M.H. testified Wednesday in a London court, Mushey described how some of the men executed spent their final moments.
The wiretaps were played for the jury.
Mushey hand-signalled boxing, referring to John (Boxer) Muscedere, the national president
“This guy went out like a man,” Mushey said in one wiretap. “Supposedly, the first one he got, he laughed. Went out like a man.”
Muscedere was the first one executed after Winnipeg chapter president Michael Sandham gunned down Luis (Chopper) Raposo. M.H. asked about the others. Court earlier heard that Muscedere was shot in the chest and head and that several of his front teeth were broken, when his body was discovered in a vehicles abandoned 14 kilometres from Kellestine's farm on April 8, 2006.
“A couple of them cried,” Mushey said. M.H. asked about George (Crash) Kriarakis.
“Yeah, yeah, he cried,” Mushey said. M.H. asked about Frank (Bammer) Salerno.
“He was yappin’ all the way,” Mushey said. Michael (Little Mikey) Trotta, referred to as “little kid” by Mushey, also was talking but “not too bad.”
M.H. spent the day interpreting a number of conversations he recorded for the police two months after the shootings on April 8, 2006.
The conversations were full of hand signals the jury could not see. The men used the signals in case the police were listening to them.
M.H. explained when the signals were used, what they were and what they meant.
What became clear in the June conversation was the Winnipeg bikers were losing faith in their president, Sandham, and they wanted definitive approval that they were a full chapter of the motorcycle club.
The jury heard a meeting the same day as the work-out between M.H., Mushey and Sandham in Sandham’s basement. Sandham was relaying what happened when he went to Texas to meet with the world leaders of the motorcycle club saying everything was “hunky dory.”
But there were some heavy internal politics.
A Toronto Bandido named Carlito — the jury had been told earlier his real name is Pierre Aragon — had laid claim to the Canadian presidency and was pulling together members. Sandham said the Texas leaders had told Carlito to stop.
He also skirted around a conflict he had when Texas found out about his police background, which he had told the other Winnipeg Bandidos was just training for his military service.
Sandham told Mushey and M.H. that his training caused a “kerfuffle there for a bit,” then there was some police presence while he was in the U.S. He had “to get out of that city.”
He assured the others the Manitoba chapter “was intact.”
Sandham said he assured the Americans the Manitoba Bandidos were “the meat and potatoes” of the motorcycle club and Carlito was only “one guy.”
M.H. said part of the conversation was about the shootings and Sandham told he and Mushey the Americans “don’t judge anybody” and didn’t want to hear about them.
Mushey was concerned that the Hells Angels, their rivals, would think the Winnipeg Bandidos didn’t exist if the Americans were not declaring Manitoba a full chapter on their website. Sandham said the website was under construction.
M.H. explained that if they weren’t declared a full chapter, another outlaw motorcycle club could move into Winnipeg.
Sandham said Carlito was under the impression that if they did got their group together for a year, they could re-approach for membership.
The three men discussed the ongoing police presence in Winnipeg and how officers came to their houses to tell them there may be threats on their lives because eight Bandidos were dead in Ontario. They agreed to stick to a cover story.
Sandham told Mushey he sent him an email from the United States. Mushey said he never received it. They also discussed seeing a photograph of a red Jimmy — like Sandham’s vehicle — in the local newspaper.
After, in the car, Mushey told M.H. he wasn’t convinced Sandham had told them everything.
“He’s just afraid to tell us that we’re done,” he said and told M.H. he wanted to see the website for himself.
Mushey said he would still wear his biker colours regardless what Sandham said. M.H. told Mushey he would be surprised the Americans would agree to make Sandham the Canadian president if they suspected he had been a police officer.
The jury has already heard Sandam had, indeed, been a police officer in the Manitoba communities of Ste. Anne and East St. Paul.
The next day, M.H. testified he met with Ontario police officers Mark Loader and Jeff Gateman who wanted M.H. to go to Mushey’s house. Two police officers would arrive to question Aravena. The jury heard the men playing a boxing video game and the police take Aravena outside to answer questions.
Aravena told the men the police wanted to know why he’d bought a one-way WestJet ticket to London and how he returned home. They also said they saw Aravena in his Bandidos vest. Mushey told Aravena they were just trying to get him to talk because he was the low man in the organization.
“I don’t know what they keep f---ing bugging us,” Mushey said. “F---ing Ontario is not our f---ing problem.”
M.H. identified some of the patches the Winnipeg group had made and biker vests belonging to him, Mushey, Sandham and Aravena. M.H. said Mushey knew someone who could make the patches.
Assistant Crown attorney Tim Zuber indicated his questioning of M.H. is almost completed.
Cross-examination by the defence could begin sometime Thursday.
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BANDIDOS TRIAL: Informant denies any part in killings
Thu, July 23, 2009
By JANE SIMS
THE LONDON FREE PRESS
One by one, the chilling photographs of the dead men as they were found the morning of their deaths flashed onto the courtroom video screens.
Each time, the Crown’s star witness at the Bandidos trial worked to keep his composure.
“Did you kill him?” asked defence lawyer Tony Bryant, as he went through each of the photos of the dead Toronto Bandidos — nicknamed Chopper, Boxer, Crash, Pony, Bam Bam, Little Mikey, Big Paulie and Goldberg.
“No,” the former Winnipeg Bandido biker, M.H., would say quietly.
“Did Marcelo Aravena kill him?” Bryant, who represents Aravena, asked.
“No,” would come the quiet reply.
Bryant suggested M.H. didn’t plan to kill the eight men on April 8, 2006 at Wayne Kellestine’s Dutton-Dunwich farm, near London.
“There was no plan,” M.H. said, after reaching for tissues to dry his eyes.
On the first day of cross-examination of M.H., three of the six defence teams began reviewing his six days of shocking testimony and tried to get a fuller picture of what their clients were doing when the eight men from the rival Toronto chapter were shot to death.
Among the revelations Thursday was M.H.’s testimony that he had been a police informant in Winnipeg before the Ontario shootings three years ago.
Six men have pleaded not guilty to eight counts of first-degree murder of the bikers found shot to death, their bodies stuffed into vehicles, along an Elgin County road near Shedden. The jury has heard evidence the men were shot to death at Kellestine’s farm before their bodies were moved.
Their deaths, the Crown says, resulted from heavy internal politics and conflict between the Bandidos Toronto “No Surrender Crew”, the U.S. world headquarters and the fledgling Winnipeg chapter that wanted full status.
M.H. was part of a probationary chapter from Winnipeg, at the farm during the shootings.
Bryant suggested his client, Aravena, was “the ninth” victim. M.H., Bryant said, had already agreed Aravena “seemed nervous,” while helping to guard the men before they were executed. Bryant pointed to a conversation M.H. had with Aravena and Dwight Mushey while M.H. was being treated in hospital for a gall bladder attack. M.H.recalled the conversation for the police and said, “Marcelo thought he was going to be killed.”
“At points, I did too,” M.H. said.
Bryant said his client was “not singing, not dancing, he wasn’t doing a jig, dancing around like a princess; he was sweating like a pig.”
M.H. said it was more like “a deer caught in the headlights.”
“Wayne was telling us all what to do,” M.H. said.
Bryant suggested M.H. might have been “Number 10.”
But Greg Leslie, lawyer for Frank Mather, pointed to evidence Wayne Kellestine might have become a victim and had his Bandidos membership yanked with the other Toronto Bandidos.
M.H. agreed the Winnipeg Bandidos showed up uninvited to Kellestine’s farm two weeks before the shootings after Sandham told them the U.S. wanted to know what was taking Kellestine so long to pull the Toronto patches and kick the members out of the club. When they arrived, the Winnipeg group at first couldn’t get a hold of Kellestine.
At the gate of Kellestine’s farm, in a cell phone call with “Concrete Dave” Weiche, the order was that if Kellestine didn’t co-operate, they were “to pull his patch, too.”
The Manitoba chapter was at odds with the international headquarters’ rules. There was also conflict between the Toronto Bandidos and the probationary Manitoba chapter.
Weiche, the jury has heard, was a Bandido living in British Columbia who helped set up a meeting on the Canada-U.S. border between Kellestine, Michael Sandham and senior American Bandidos from Washington state.
M.H. also revealed that while he’s not being paid for his evidence, his expenses are paid by the witness protection program “as long as I tell the truth.”
M.H. also agreed he’d been a police informant in Winnipeg before the eight shootings. He had called his handler, Winnipeg police officer Tim Diack, the first week the Manitoba bikers were in Ontario. From a phone booth in Dutton, he left a voice message he was there for a patch-pulling. When M.H. called him the following week, Diack’s voicemail was full.
M.H. said not even his wife knew he was a police informant.
Leslie said he was “deceiving” his Bandido brothers.
M.H. said he had “no opportunity” to call Diack before the shootings.
And he said he wasn’t “100 per cent sure” Mather was one of the people who escorted any of the men out of the barn to their deaths.
M.H. hadn’t met Mather until he came to Kellestine’s farm. Mather moved there while the Winnipeg Bandidos were there.
Defence lawyer Donald Crawford, who represents Sandham, also questioned M.H. M.H. agreed the Manitoba plates on Sandham’s GMC Jimmy would have been seen by people around Dutton during the days the men were at the farm.
Crawford also asked about the night of the shootings inside the barn and if the expectation was “supposed to be like the Wild West days, check your guns at the door.”
“I don’t know what you’re getting at,” M.H. said.
M.H. agreed the initial plan was to “pull patches.”
Crawford tried to suggest M.H. was in the barn during the initial gunfire.
“You can suggest all you want. I heard what happened. I saw what happened. I was there that night,” M.H. said.
The trial continues Friday.
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Star witness too sick to testify
Sat, July 25, 2009
The Bandidos trial will resume on Tuesday with M.H.'s eighth day on the stand
By JANE SIMS
The Bandidos trial ran into an unexpected delay yesterday when the star Crown witness -- an informant -- couldn't testify because of illness.
The jury was sent home after Superior Court Justice Thomas Heeney said the former Winnipeg Bandido biker, identified only as M.H., "has taken ill."
M.H. has been testifying at the trial of six men who've pleaded not guilty to eight counts of first-degree murder in the deaths of eight Toronto Bandidos on April 8, 2006.
Their bodies were found stuffed into vehicles along a rural Elgin County road.
The trial began March 31.
M.H. completed his seventh day in the witness box on Thursday.
M. H. has told the jury, through Crown questioning, what he saw the night the eight men were shot to death at Wayne Kellestine's Dutton-Dunwich farm. He was one of five members of the Manitoba probationary chapter of the Bandidos motorcycle club that was in conflict with its sponsoring Toronto chapter.
Toronto's "No Surrender Crew" also served as the Canadian national chapter -- but orders had come from the United States to boot them out of the worldwide club.
The Winnipeg bikers arrived uninvited to Kellestine's farm to find out why Kellestine hadn't followed the orders to "pull the patches" of the Toronto club.
They stayed at the farm for two weeks before the Toronto members were lured to the farm, the informant testified.
M.H. has said he and the others helped Kellestine clean the guns. M.H. and Dwight Mushey -- both wearing gloves -- waited near the barn with loaded weapons while Winnipeg Bandido president Michael Sandham waited with two loaded guns in the barn's loft.
Sandham shot Luis Manny "Chopper" Raposo and claimed it was self defence.
After that, M.H. has testified, each Toronto biker was led out, one-by-one, and shot to death.
The defence has begun its cross-examination. Donald Crawford, the lawyer for Michael Sandham, and Greg Leslie, lawyer for Frank Mather have completed their questioning.
On Thursday, Tony Bryant, lawyer for Marcelo Aravena dramatically began his cross by showing M.H. the grisly photos of the eight dead men as they were found stuffed in four vehicles on road near Shedden.
Bryant is expected to pick up Tuesday where he left off.
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Lawyer tries to establish low men in Bandidos pecking order
Tue, July 28, 2009
Cross-examination of star witness continues
By KATE DUBINSKI, LONDON FREE PRESS
Names like Fat Ass, Mountain Gorilla and Great White Chilean Ape followed accused Marcelo Aravena during his time with the Bandidos motorcycle club, the jury heard this morning.
"You guys made fun of him on a regular basis. You mocked him . . . You teased all the bottom people," Aravena's defence lawyer Tony Bryant asked M.H., the star witness now under cross-examination at the murder trial of six men accused of eight counts of first-degree murder. "This is the kind of guy you could step on as opposed to climb over, someone you could take advantage of." Aravena and another of the accused, Brett Gardiner, nicknamed Bull, were the two "low men on the totem pole" who were thought of as dim-witted and asked to perform menial tasks before and after eight Toronto Bandidos were killed in Wayne Kellestine's barn in April 2006, Bryant said. "Wayne told Bull to go outside and get a pickle from the pickle tree and he was stupid enough to go outside and look for a tree, isn't that right?" Bryant asked M.H. "These guys changed the brakes on the car, washed the dishes, got brush for the fire, cooked — well, by cooked I mean threw some stolen pizzas into the oven. Between the two of them, you'd have a hard time determining who was stupider," Bryant said to M.H. "Well, I believe that would go to Bull," M.H. replied.
This morning's cross examination of M.H. was focused on painting Aravena as grunt worker for the biker club. Bryant also probed into M.H.'s past - much of which can't be published because of a ban that prohibits identifying the former biker turned police informant - asking him about his high-school days and his family. Court heard M.H. dropped out of high school and did odd jobs - washing windows, painting, construction - and also dealt in cocaine. "You survived on social assistance. You were on the dole. What you're living on now as part of the witness-protection program, that's of the same order but under a different name. Blood money," Bryant said to M.H. Under the witness-protection program, M.H. has his rent, groceries, medical expenses and bill paid for. His travel expenses, accommodations, and legal expenses are also covered for the duration of the trial.
M.H.’s wife and kids – even the family guinea pig – were relocated as part of the witness-protection program. “You get to hug your wife. You get to hug your kids. You get to go downstairs and go into the fridge and grab a beer or a pop. When you go out for lunch, you have the choice of anything on the menu,” Bryant said to M.H. M.H. is taking courses to get his high-school diploma.
The testimony continues.
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Biker so dumb, thought pickles grew on trees
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Jul 28, 2009 01:03 PM
Peter Edwards
Staff Reporter
LONDON, Ont. – Brett (Bull) Gardiner, an accused member of a biker hit squad, is so stupid that he believed pickles grew on trees, a mass murder trial heard today.
A biker informant told court that Gardiner, 25, of no fixed address, and Marcelo Aravena, 33, were often the butt of jokes inside the Bandidos Motorcycle Club, and that they were sometimes teased because other bikers considered them stupid.
Defense lawyer Tony Bryant, who's representing Aravena, asked if his client was considered the dumbest of the six men who each face eight counts each of first degree murder.
"I believe that would go to Bull," the witness replied.
The witness, who's now living under a new identity, can only be identified as "M.H."
M.H. told court that Gardiner and Aravena were considered the most junior of the bikers now charged with slaughtering eight Greater Toronto Area Bandidos, whose bullet-riddled bodies were found in vehicles abandoned by a farmer's field west of London on April 8, 2006.
That meant they had to fetch water, cook pizzas, wash dishes and do general chores for more senior members, M.H. said.
"I'm saying these guys were the grunts," Bryant suggested on his second day of cross-examination today.
"In the outlaw motorcycle world, yes," M.H. replied.
He agreed with Bryant that Gardiner went out searching for a pickle tree because a more senior biker, Wayne Kellestine, 60, said he wanted some pickles from one.
Gardiner cringed and scowled at the story, while another of the accused, Dwight Mushey, 41, of Winnipeg, chuckled at the memory.
M.H. agreed that Aravena was also the frequent butt of jokes, and that he personally called him "The Great White Chilean Ape," "The Mountain Gorilla," and "Fat Ass."
Facing eight counts each of first degree murder are: Gardiner, Aravena, Mushey, Kellestine, Frank Mather, 35, of no fixed address, and Michael Sandham, 39, of Winnipeg.
Found dead in vehicles abandoned on the outskirts of the hamlet of Shedden were: Jamie Flanz, 38, of Keswick; John Muscedere, 48, of Chatham, George Kriarakis, 28, of Toronto, Frank Salerno, 43, of Oakville; Paul Sinopoli, 30, of Jackson's Point; Michael Trotta, 31, of Mississauga and Torontonians George Jessome, 52, and Luis Raposo, 41.
The trial continues.
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Killings not planned, jury told
Thu, July 30, 2009
By JOHN MINER
The Winnipeg Bandidos had no plan to slaughter their Toronto counterparts when they headed for Ontario in March 2006, jurors heard yesterday.
The Crown's star witness in the Bandidos murder trial, a police informer and biker at the time, said he had no plans to kill anybody when he left Manitoba for the London-area farm of Wayne Kellestine.
"We just knew we were going to Ontario," testified M.H., who is under witness protection and can't be identified.
M.H. said it wasn't until the Winnipeg Bandidos were at Kellestine's farm and had discussed pulling the Toronto members' patches -- kicking them out of the club -- that killing was mentioned by Kellestine.
M.H. testified Kellestine told the group more than once: "If we kill one, we kill them all."
He also warned the bikers at his farm to "prepare for the worst," when the Toronto bikers arrived for a meeting.
Jurors, who have already heard that Kellestine sang, danced and prayed the night of the eight killings, were told of other strange behaviour.
Lawyer Tony Bryant, who represents accused Marcelo Aravena, asked M.H. about the Winnipeg club hunting with Kellestine.
Bryant suggested Kellestine reached up into a tree, picked up a piece of black material and ate it, telling the bikers it was raccoon feces.
M.H. said he had no recollection of the incident, but agreed it was possible.
"That is pretty much Wayne Kellestine. It could have happened," he said.
M.H. also agreed with Bryant that pulling the patches of a fellow club member didn't equate with killing him.
"It really depends on the club," he said.
In the case of the Bandidos, M.H. said he understood at the time that the club was about brotherhood and getting along.
He agreed with Bryant that he wouldn't have wanted to be a Bandido if it was about killing people.
"That isn't why I joined the club," he said.
Bryant grilled M.H. on why he's now testifying Aravena was a prospect in the Bandidos when he testified at the preliminary hearing he had a lower rank in the club.
M.H. said the memory came to him after the preliminary hearing.
"It is strange. Stuff comes to me at different times. My lawyer calls me the Rain Man for that very reason," he said, referring to the savant character played by Dustin Hoffman.
When the first burst of gunfire was heard from the barn, M.H. testified earlier that he and another biker rushed inside.
Bryant suggested that when he entered, M.H. didn't know what team anybody was on.
"I had a pretty good idea. We were the ones carrying the guns," M.H. replied.
Cross examination of M.H. by Bryant is to continue at 10 a.m. today.
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Biker's stunt with snack was 'typical'
Jul 30, 2009
Accused claimed he ate raccoon feces, trial told
LONDON, Ont.–Accused mass murderer Wayne Kellestine reached into a tree, pulled out a black substance he said was raccoon feces, and gobbled it down in front of an alleged biker hit squad, court was told yesterday.
"It was typical of Wayne Kellestine?" defence lawyer Tony Bryant asked the star prosecution witness, a Bandido biker-turned-police-agent.
"That's pretty much Wayne Kellestine," M.H. agreed.
Court heard the bizarre incident took place in either late March or early April 2006, shortly before the biggest mass murder in modern Ontario history took place on Kellestine's ramshackle farm.
Other bikers laughed at the stunt, court was told. Kellestine, 60, of Iona Station, west of London, lowered his head in the prisoners' box and stared down at the floor as the incident was recounted yesterday.
Kellestine and five others are each charged with eight counts of first-degree murder for the execution-style slaying of members of the Greater Toronto Area Bandidos.
Court earlier heard that men hoping to join the motorcycle club didn't actually have to own or operate motorcycles.
Bryant noted that his client, Marcelo Aravena, 33, of Winnipeg, doesn't own a motorcycle or even have a licence to ride one.
"This was a bike club with no bikes?" asked Bryant, who is in his third day of cross-examining M.H.
"Pretty much, yeah," replied M.H., who was a member of the Winnipeg Bandidos and didn't own a motorcycle himself. The trial continues.
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Informant had secret signal for police, trial told
Jul 30, 2009 01:52 PM
LONDON, Ont. – A biker working undercover for police was given a secret signal to use if he felt his life was in danger, a mass murder trial heard today.
"I was actually supposed to kick my shoe off," said the informer, who can only be identified as "M.H."
His comments came on the fourth and final day of cross-examination by defense lawyer Tony Bryant, who is representing accused killer Marcelo Aravena, 33, of Winnipeg.
Aravena is one of of six men who are each charged with eight counts of first degree murder for the execution-style slaying of eight members of the Greater Toronto Area Bandidos on the night of April 7-8, 2006.
M.H. told court today he became a police undercover agent shortly after returning from the farm of biker Wayne Kellestine, west of London, where the eight bikers were slain execution-style on the night of April 7-8, 2006.
M.H. told court today that he never actually had to use the secret signal, which was designed to alert nearby officers to come and rescue him as he was secretly recording conversations with Winnipeg members of the Bandidos.
M.H. dismissed a suggestion by defense lawyer Tony Bryant that Aravena "came within a whisper" of being the ninth murder victim that night.
"I didn't see anybody put a gun to his head," M.H. said of Aravena. "I didn't see anybody threaten him, if that's what you mean."
"But you were scared?," Bryant earlier asked.
"I was scared," M.H. said.
Also facing murder charges are: Kellestine, 60; Dwight Mushey, 41, of Winnipeg; Brett Gardiner, 25, and Frank Mather, 35, each of no fixed address; and Michael Sandham, 39, of Winnipeg.
Found dead in vehicles abandoned on the outskirts of the hamlet of Shedden were: Jamie Flanz, 38, of Keswick; John Muscedere, 48, of Chatham, George Kriarakis, 28, of Toronto, Frank Salerno, 43, of Oakville; Paul Sinopoli, 30, of Jackson's Point; Michael Trotta, 31, of Mississauga and Torontonians George Jessome, 52, and Luis Raposo, 41.
The trial continues.
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Memories questioned
Fri, July 31, 2009
A defence lawyer accuses the Crown's star witness of mixing up facts about the killings
By RANDY RICHMOND
The Crown's star witness in the murder trial of six bikers has mixed up facts and was diagnosed as having "very, very scattered abilities" that could affect his memory, the lawyer for one accused suggested yesterday.
Capping four days of dramatic cross-examination, defence lawyer Tony Bryant also suggested the police informant -- who can be identified only as M.H. -- claimed responsibility for killing George (Pony) Jessome.
Asked by another biker on the ride home to Winnipeg from the Ontario killings what he was thinking, M.H. made a slashing motion across his throat, then "held your hands in front as if riding a horse," Bryant suggested.
But M.H. yesterday stuck to his story of the Dutton-area Bandidos killings, and insisted he made no such signal about killing Jessome.
"That didn't happen," M.H. said.
On the final day of dramatic sparring between the lawyer and informant, Bryant suggested M.H. was wrong about seeing the body of George (Crash) Kriarakis in a tow truck with the body of Jessome.
"I am going to suggest in the strongest possible way there was nobody else (besides Jessome) in that truck," Bryant said.
M.H. testified last week he followed Jessome to a tow truck, where he was killed.
Kriarkis's body was already inside the same vehicle, he said.
But Bryant told M.H. yesterday a blood splatter specialist would later provide evidence Kriarakis could not be in that truck.
"The last time I saw Crash he was in it," M.H. insisted, breaking down on the stand.
Bryant also suggested M.H. mixed up who got killed when.
"Your sequence is wrong," Bryant told M.H.
"I would disagree with you," M.H. countered.
M.H. was one of five members of a Manitoba probationary chapter of the Bandidos that was in conflict with its sponsoring Toronto chapter.
Toronto's "No Surrender Crew" also served as the Canadian national chapter, but orders had come from the club's United States headquarters to boot them out of the worldwide club.
The Winnipeg bikers arrived uninvited to Kellestine's farm, near Dutton, in the spring of 2006 to find out why Kellestine hadn't followed the orders to "pull the patches" -- or yank the memberships -- of the Toronto club.
They stayed at the farm for two weeks before eight Toronto members were lured to the farm the night of April 7, 2006, M.H. testified earlier.
The bodies of the eight Toronto members were found stuffed into several vehicles on a rural Elgin County road not far from Kellestine's farm the next morning.
Six Winnipeg Bandidos are charged with eight counts of first-degree murder. All have pleaded not guilty.
Bryant has focused much of his cross-examination on Aravena's status in the club, painting him as a grunt worker afraid to challenge authority, and on M.H.'s memory of events.
Yesterday, Bryant produced court documents from a sentencing hearing in October 2002, where M.H. was facing other charges.
A lawyer, citing medical tests, described M.H. as having "some learning disabilities."
By Grade 9, he had the reading skills of a Grade 5 pupil, the documents suggested.
Bryant suggested to M.H. that he's had several "memory lapses" and is relying on information gathered after the killings to round out his stories.
"In many instances, you have made certain deductions . . . (based on) things you have seen and put together later," he suggested.
M.H. acknowledged he had some learning disabilities, but rejected a suggestion he'd been diagnosed with attention deficit disorder.
"I was not diagnosed with anything," he said.
He also refused to buy any attempt to paint Aravena as someone who had no choice but to follow orders the night of the killings.
"I didn't see anybody point a gun to his head," M.H. said.
The biker-turned-informant gave some glimpses yesterday into the undercover work he did for police in Winnipeg after the killings.
He and police worked out a secret signal to give if he got in trouble, M.H. said.
"I was actually supposed to kick my shoe off," he said.
Even that made Bryant wonder aloud how police were supposed to rush to his aid if they couldn't see him.
The trial was expected to continue today.
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Bandidos trial: Jury hears of Hells Angels link
Fri, July 31, 2009
By JOHN MINER, SUN MEDIA
The star Crown witness in the Bandidos murder trial had a long history with motorcycle clubs and provided personal security for infamous Hells Angels leader Maurice (Mom) Boucher, jurors heard today.
The witness, who can only be identified as M.H., also testified he worked with another leading Hells Angels member, Walter Stadnick.
M.H. said he was close enough to Boucher to have drinks with him.
“I did security for him,” he said.
Before joining the Bandidos, M.H. had also been a member of a Hells Angels puppet club, likened yesterday to a farm team.
He said the Hells Angels were less collegial than the Bandidos, and a Hells Angels member would take another member’s wife.
“The leading cause of death amongst Hells Angels is other Hells Angels,” he said.
In other startling testimony, M.H. — whom the jury has heard was a police informant on the Bandidos — said he grossed as much as $80,000 a day or more selling cocaine from a bar. He pocketed one quarter of the sales, giving him $20,000 a day while he collected welfare as well.
Michael Moon, lawyer for accused Dwight Mushey, questioned M.H. about lies he had told in the past, including fraudulent claims for welfare and being a police informer when he started with the Bandidos.
“You were ratting them out from the very beginning,” Moon said.
“Yes,” replied M.H.
“You say that like it was nothing,” Moon said.
“It was what it was,” replied M.H.
Responding to Moon’s statement that he was a liar and a fraud, M.H. said: “Call me anything you want, it doesn’t change what happened that night.”
Earlier in the trial, M.H. testified the Winnipeg Bandidos and Wayne Kellestine killed eight Toronto Bandidos at a meeting the night of April 7, 2006, on Kellestine’s farm southwest of London.
Their bodies were found the next day stuffed into several vehicles on a rural road not far from Kellestine’s farm.
Kellestine, Mushey and four other men are accused of eight counts of first-degree murder. They have pleaded not guilty.
Yesterday, M.H. said he had understood from his police contact that he would receive $750,000 for his information about the killings.
But when he met with two police officers, they made it clear from the outset he wouldn’t get the money, he said.
M.H. agreed he was disappointed he had been “played” by his police contact.
M.H. also admitted he lied to his wife to get her to join the witness protection program with their children, telling her they would be paid $70,000 a year.
He receives $1,300 a month, little more than he got on welfare, M.H. said.
“My wife didn’t like Winnipeg anyway,” he said.
He also admitted he lied when he met his police contact after the killings and failed to disclose what happened on the Kellestine farm.
“I was originally going to tell him,” M.H. said, but he thought about his family, the biker code and Dwight Mushey.
Questioned about that meeting with his police contact, M.H. broke down and cried yesterday.
He was in tears again after a brief adjournment.
The trial resumes Tuesday.
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Former biker provides O. J. moment at Bandidos trial
Puts on latex glove
Saturday, August 01, 2009
It was the O. J. Simpson moment of the Bandidos trial, although instead of high drama, it was somewhat comic.
The former biker turned police informant who can only be identified as M. H. was following the orders of defence lawyer Tony Bryant to put on a purple latex glove while testifying in court this week.
It was similar to what M. H. said he and the six men on trial wore underneath winter gloves at the farmhouse of Wayne Kellestine on April 7, 2006, while waiting for the Toronto Bandidos to arrive.
With a few jurors giggling and M. H. wearing the rubber glove, Mr. Bryant scoffed at the testimony that the defendants were sitting around for several hours inside the farmhouse near London, Ont., wearing two sets of gloves, including one that was made of latex.
"It was a joke," stated Mr. Bryant, who represents Marcelo Aravena.
"I don't know if that was a joke. Everyone was gloved up," insisted M. H. The "gloved up" recollection was just one example of what M. H. agreed was a "bizarre and strange" series of events that ended with the execution-style killings of eight members and associates of the Toronto chapter of the Bandidos.
Mr. Kellestine, 60, Mr. Aravena, 33, Michael Sandham, 39, Dwight Mushey, 41, Frank Mather, 35, and Brett Gardiner, 25, are all on trial in Ontario Superior Court, each facing eight counts of first-degree murder.
M. H. has testified for nearly three weeks about that night, the killings and the dispute between the Manitoba chapter, where he was sergeant-at-arms, and their Toronto colleagues.
Despite the gruesome nature of the killings, with the victims allegedly being led out silently to be shot with a .22 calibre rifle or vintage handgun, the picture painted by M. H. has often appeared more like a macabre episode of the Trailer Park Boys -- the Crown witness as Bubbles turned informant, albeit with much thinner glasses.
The Toronto members arrived at the farm at the request of Mr. Kellestine, not knowing he was supposed to "pull their patches" (remove memberships) under order from more senior Bandidos in the United States. In exchange, the Manitoba chapter would be granted full membership status and Mr. Kellestine would be appointed national president.
"Kellestine wanted to 'reorganize' the Toronto chapter," suggested Mr. Bryant.
"Pretty much, yeah," said M. H. In preparation, Mr. Kellestine brought out weapons from a duffel bag. The rifles and shotguns were in such disrepair that solvent was needed to clean them before they were assembled.
M. H. testified about a trip a few days earlier to visit an elderly man with an oxygen tent, who was in his late 80s and claimed to have been in prison with the Birdman of Alcatraz. The man sold them shotgun shells that he handed over in a brown hat.
Before the Toronto members arrived, Mr. Kellestine said to "prepare for the worst" although M. H. agreed that despite the cleaning of the weapons and being "gloved up" there was no set plan to kill their colleagues.
While standing guard outside the barn, M. H. testified about hearing gunfire. He ran inside and saw Luis "Chopper" Raposo, one of the Toronto members, severely wounded.
Mr. Raposo allegedly shot first and was wounded by Mr. Sandham, head of the Winnipeg chapter.
For the next few hours, the Toronto members were guarded by M. H. and some of the men now on trial.
Mr. Kellestine, portrayed as an eccentric racist, was the person in charge, said M. H.
More than once, Mr. Kellestine indicated that he was simply going to "pull the patches" of the Toronto members and they would not be harmed. What has remained unclear is what led Mr. Kellestine to allegedly order the execution of the Toronto members and why everyone complied with this direction, including the victims, who did not try to flee or fight.
Unknown to his fellow bikers, M. H. was already a police informant. Yet he never contacted police or took any steps to prevent the massacre. "There was no opportunity," claimed M. H.
Within days of returning to Winnipeg, he reached a deal with police. Instead of facing a potential life sentence, M. H. received immunity and is in the witness protection program. His wife and children and even the family guinea pig have been relocated. Living expenses are also covered for the former drug dealer and biker.
With close-cropped hair, glasses and a suit, the stocky 40-year-old witness has appeared more like a small-town business owner. When his improved memory during the trial was greeted skeptically, he compared himself to the Rain Man character portrayed by Dustin Hoffman.
With the exception of a few occasions when he has lost composure and fought back tears, M. H. has been genial on the witness stand, even when attacked by the defence lawyers.
After Mr. Bryant ordered him to put on the glove, M. H. was then directed to see how easy it was for it to be ripped.
"I don't know how the hell you did it," said Mr. Bryant, surprised at the ease with M. H. ripped the glove.
"You asked me to do it," a perplexed M. H. responded, with an amused jury watching the spectacle.
The trial resumes on Tuesday.
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Lawyer suggests star witness has 'powerful motive to lie'
Tue, August 4, 2009
By JANE SIMS, LONDON FREE PRESS
He's been called a liar set on avoiding eight counts of first-degree murder and a life behind bars.
But M.H., the star witness at the Bandidos murder trial, insisted this morning he is telling the truth and what he did at Wayne Kellestine's farm on April 8, 2006, will still be judged.
"It will be tried someday in a higher court than this," he said, his eyes reddening, as he testified this morning at the end of a heated exchange with defence lawyer Michael Moon.
M.H. began his third week of testimony in cross-examination by Moon, the lawyer of Dwight Mushey, 41 — the fifth of six defence teams to challenge his version of how eight Toronto Bandidos were shot to death.
Kellestine, 60, and Frank Mather, 35, of Dutton-Dunwich; Brett Gardiner, 25, of no fixed address; and Michael Sandham, 39, Marcelo Aravena, 33, and Mushey of Winnipeg have all pleaded not guilty to eight counts of first-degree murder.
The shooting victims, George Jessome, 52; George Kriarakis, 28; John Muscedere, 48; Luis Raposo, 41; Frank Salerno, 43; Paul Sinopoli, 30; Jamie Flanz, 37; and Michael Trotta, 31, were found shot to death and their bodies left abandoned in four vehicles left on an Elgin County road near Shedden.
M.H. was at the Elgin County farm with the others the night the eight men came to the farm for a biker "church" meeting.
The fledgling Winnipeg chapter was there to find out why Kellestine had not pulled the patches - and effectively booting out - the Toronto group, on orders from the United States Bandidos.
The Toronto chapter was in conflict with the Americans and with the Manitoba chapter they were sponsoring.
The Toronto men were lured to the farm with a promise that Sandham, the Winnipeg-chapter president, would be there to iron out some of the issues both sides were grappling with.
Moon repeatedly suggested M.H., whose identity is protected by court order, is tailoring his evidence to live up to his immunity agreement with the Ontario attorney-general and avoid prosecution.
"I don't gain anything here by lying," M.H. said. "I lose if I lie."
Moon said he had to be "caught lying" and his agreement "goes by the way of the dodo."
He said the deal to avoid prosecution by testifyiing against the others was "a powerful motive to lie."
Moon reviewed some M.H.'s earlier statements to the police and to the court and how M.H. sometimes remembered details long after the shootings.
M.H. called them "Rain Man moments," as he explained last week during earlier cross-examination, referring to the savant character played by Dustin Hoffman.
"I remember stuff all the time," he said.
"I say you're a liar and . . . you don't want to go to jail for the rest of your life," said Moon.
"I have everything to lose by lying and nothing to lose by telling the truth," M.H. replied.
He agreed that Mushey had a problem with his Achilles tendon and sometimes walked with a cane. Mushey also had a heart issue and used "nitrous spray" if he was put in a tense situation.
M.H. agreed he didn't expect anyone would get hurt, when they armed themselves, "but we did have guns though."
Moon pointed out that M.H. was the sergeant-at-arms for the Winnipeg chapter chapter or the "brute squad" for the club.
But M.H. said there were only four members in Winnipeg and only three other chapter members living outside Manitoba, so there was "not much enforcing.”
He called victim Luis Manny "Chopper" Raposo's comment inside the barn to Kellestine that he was "going to put a hole" in Sandham "biker bravado."
"You got to understand the biker world," he said, adding he wished he had "a dollar" for every time he heard similar threats.
Moon asked if the Bandidos were just "a bunch of pot-smoking, good old boys who listen to Lynyrd Skynyrd and cruise around on weekends."
"Supposed to be." M.H. said.
But he admitted he was ready to use his gun that night if he had to.
Moon suggested M.H. showed little emotion when he first relayed his story to Ontario police officers in Winnipeg just days after the killings, yet was teary in court when he had an audience in a courtroom.
"You make it sound like it is easy to live with," M.H. said.
The trial continues this afternoon.
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Biker witness 'hit the lottery,' lawyer tells mass murder trial
Aug 04, 2009 01:47 PM
LONDON, Ont. – God will decide who's a mass murderer and who's just a liar, a biker murder trial heard today.
The comment came from the star prosecution witness, who can only be identified as "M.H.," after defense lawyer Michael Moon called him a liar. "I'm suggesting you're pedaling as fast as you can to avoid eight counts of murder," Moon said. "It'll be tried some day in a higher court than this," M.H. replied softly, while appearing to tear up. Court has earlier heard that M.H. was a personal bodyguard for notorious Hells Angels leader Maurice (Mom) Boucher and for former Hells Angels national president Walter Stadnick. "I did security for him (Boucher) and I had a drink with him, if you want to put it that way," M.H. told the trial into the largest mass murder in modern Ontario history. Boucher is now in prison serving a life sentence for ordering the murders of two prison guards.
M.H. agreed with defense lawyer Michael Moon that he also did security work for senior Hells Angels enforcer Stadnick, formerly of Hamilton and now a federal inmate after being convicted in 2004 of conspiracy to commit murder, gangsterism and drug trafficking. "Yes, Wally, yes," M.H. replied when asked if he had served as one of Stadnick's bodyguards. Stadnick is considered by police to be the architect of the Hells Angels coast-to-coast expansion in the late 1990s and early 2000s.
M.H. also agreed with Moon that his longest stint of steady employment was the year he spent dealing drugs in a Winnipeg hotel. He sometimes netted more than $25,000 a day from cocaine sales, M.H. said. At the same time, he supplemented his income with $1,000 monthly in welfare benefits, M.H. said.
He has told court that he didn't shoot any of the eight members of the Greater Toronto Area chapter of the Bandidos Motorcycle Club, who were found in vehicles abandoned near a farmer's field west of London on the morning of April 8, 2006. He did admit that his past includes violence. "Did you smack people outside the (motorcycle) club?," Moon asked. "I wasn't the only one in the club that was smacking people," M.H. replied. He said that a Winnipeg police officer told him that the Ontario Provincial Police might offer him $750,000 for informing on the killers of the Bandidos. "(In your mind), this wasn't mass murder," Moon said. "This was (M.H.) hitting the lottery — $750,000." M.H. said his witness protection deal with authorities provides him with free rent, medical care and $1,300 a month for living expenses. That was only slightly more than he made collecting welfare back in his drug-dealing days, M.H. said.
The trial continues.
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BANDIDOS TRIAL: A defence lawyer alleges M.H. -- the Crown's star witness -- killed Luis Manny (Chopper) Raposo -- the first of the eight bikers to be shot dead
M.H. accused of lying and killing
The London Free Press
August 5, 2009
For more than a week in cross-examination, he's been called a liar.
Yesterday, the star witness at the Bandidos trial was accused of being a killer.
"I suggest that you shot Mr. Raposo," said defence lawyer Michael Moon, referring to the shooting of Luis Manny (Chopper) Raposo, the first of eight men man to die on April 8, 2006.
"You can suggest all you want," said M.H., who began his third week in the witness box.
The shocking accusation and M.H.'s denial came at the end of a long day of cross-examination by Moon, who represents Dwight Mushey, 41, of Winnipeg.
M.H. and Mushey were members of the fledgling Manitoba Bandidos motorcycle club chapter, along with three others who showed up unannounced at Wayne Kellestine's farm two weeks before the eight Toronto Bandidos were found shot to death.
They had come to the farm to "pull the patches" 'from their sponsoring Toronto chapter that had run afoul with its superior club in the United States.
M.H. has testified he shot no one that night, but watched seven of the eight men being led to their deaths on the Kellestine farm after Manitoba chapter president Michael Sandham had shot and killed Raposo in the barn.
Moon, part of the fifth of six defence teams to cross-examine M.H., called the witness "a liar" from the outset, suggesting M.H. is tailoring his evidence to live up to his immunity agreement with the Ontario attorney-general and avoid prosecution.
If M.H. lies, his deal is off. "I say you're a liar and . . . you don't want to go to jail for the rest of your life," said Moon.
"I have everything to lose by lying and nothing to lose by telling the truth," M.H. replied.
Later, Moon said M.H. was "pedalling as fast as you can" to avoid being charged with murder.
"It will be tried someday in a higher court than this," he said, his eyes reddening.
At times, there were tense exchanges during some of Moon's barrages of questions over inconsistencies between statements and testimony.
"I remember how it happened. I was there," M.H. said. "If I remember correctly, you were not."
Moon tried to paint a picture of Mushey as trying to help the other terrified Winnipeg Bandidos who were concerned they would also be shot. Moon pointed out to M.H. that Mushey told him to "be ready" and told accused Brett Gardiner to return to the farmhouse away from the barn.
Moon also suggested Mushey left the barn to use a puffer he had for a heart condition that would flare up in stressful situations. M.H. disagreed, saying Mushey would use his medicine wherever he was, "just like for my asthma."
Moon wanted to know why M.H. didn't try to get help. "It's not like anyone stood up and said 'hey, what's going on here?" M.H. said. "Like I said, we were all bikers that night."
"You were never a biker. You're an informant," Moon said, pointing out M .H. didn't even own a motorcycle.
"In that case, just about everybody in the box over there is not a biker, if you want to get technical about it," M.H. replied.
Moon suggested victim Michael Trotta had "15 pellets of bird shot in his head" and some of his blood was on a "centre beam" of the barn -- and that M.H. had no explanation.
Later, Moon produced a photograph of the shotgun M.H. had that night and said it was loaded with only four shells when it had a five-shell capacity.
Moon said M.H. secretly heard Raposo boast he wanted "to plug a hole" in Sandham while hiding behind the barn.
Moon suggested Raposo was still on his feet when M.H. went inside the barn and M.H. shot him with his shotgun, grazing Trotta with the birdshot.
Sandham had two guns -- a shotgun and a .303. His shotgun wasn't fired, Moon said, and there was no .303 shell in Raposo.
Assistant Crown attorney Tim Zuber objected and said Moon was "incorrect." Superior Court Justice Thomas Heeney dismissed the jury for the day.
Moon also proposed M.H. had more to do with the death of George "Pony" Jessome than just watching Kellestine shoot him in the head and chest after seating him in the cab of Jessome's tow truck. The trial resumes today.
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M.H. role in crime comes under fire
Thu, August 6, 2009
Star witness accused of killing
By JANE SIMS
It was another side of Wayne Kellestine for the Bandidos trial jury to consider -- "a perfect patsy," rather than crazed killer.
Yesterday, Kellestine's defence team offered up a different theory as to how eight Toronto Bandido motorcycle club members were shot to death -- pinning the plan to kill on a group of ambitious Manitoba bikers.
But M.H., 40, the Crown's star witness at the Superior Court trial, disagreed with defence lawyer Ken McMillan and stuck to his version about what happened on Kellestine's Elgin County farm on April 8, 2006, when eight Toronto Bandidos were shot dead.
M.H., a former Winnipeg Bandido, completed his testimony yesterday after almost three weeks in the witness box,
There were parts of M.H.'s testimony McMillan couldn't ignore.
McMillan was struck by how the Winnipeg Bandidos, specifically M.H., were willing to listen to Kellestine, then fall in behind each victim as they were led out of the barn to be executed.
M.H. said he had watched two men be led out, and heard "pop, pop, pop," before he stepped forward to follow Kellestine and George (Pony) Jessome -- then watched Kellestine kill him.
"Why would you do that?" McMillan asked.
"I don't know, I just did," M.H. said.
"You had to know that Boxer (national president John Muscedere) and Crash (George Kriarakis) were executed and Pony was being taken out to be executed as well."
"Hindsight, I guess," M.H. said.
But McMillan persisted, reminding M.H. he had described Kellestine as a "crazy wild man, singing, laughing, doing a jig . . . acting bizarre."
M.H. had a shotgun. Dwight Mushey had a sawed-off shotgun and Winnipeg chapter president Michael Sandham had two guns.
"You guys didn't have to do anything you didn't want to. You could say, 'I don't think so,' and you could have blown Wayne's head off.
"I suggest you were doing the killing," McMillan added.
"You can suggest all you want," M.H. replied.
M.H. said there was no signal set for him and Mushey while they waited by the barn with loaded guns for the Toronto members to arrive for a "church" meeting.
Other points of M.H.'s testimony puzzled McMillan.
He calculated M.H. earned $5 million if his claim was true he made $20,000 a day selling cocaine.
"Maybe it was over-exaggerated," M.H. admitted, who revised his earning to an average $3,000 a day, with his highest take $9,000.
McMillan pointed out the "coincidence" the Manitoba bikers hit the road for Kellestine's farm the same time three men were in Winnipeg looking to kill Sandham.
En route to Kellestine's, Sandham had a call from his wife describing men who were looking for him.
McMillan wondered why, if Kellestine had been promoted to national president as M.H. testified, the Winnipeg bikers had "to sneak up on him?"
"You have to ask the States . . . Orders are orders," M.H. said.
Kellestine was surprised when the men landed at his place.
"You guys were set up as the only chapter in Canada and you had the perfect patsy back here in Ontario," McMillan said.
"I disagree," M.H. said.
But M.H. agreed Kellestine never put on gloves that night, while the Winnipeg bikers wore rubber gloves and that Kellestine had spoken earlier of saving the patches of some Toronto members but booting out others.
And M.H. agreed it was Sandham who came up with the idea he could shoot Muscedere off his balcony, but disagreed that Kellestine was merely cautioning them when he told the others to "be prepared for the worst" and "if we kill one, we kill them all."
"I suggest Wayne Kellestine was hoping this whole patch pulling could happen with no one being shot," McMillan said.
M.H. didn't agree.
The trial continues today.
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Biker's middle finger is focus of expert testimony
Thu, August 6, 2009
Jury learns about gunshots at Bandidos trial
By JANE SIMS, LONDON FREE PRESS
Luis "Chopper" Raposo often used a right-handed, middle-finger salute as his signature stance in almost all the photographs taken of him at Bandido motorcycle events.
This morning his middle finger became a key focus of the jury at the the Bandido trial when they heard Raposo's autopsy results.
Dr. Toby Rose, medical director of the Ontario Forensic Pathology Service, performed the autopsy on Raposo and three more of the eight shooting victims whose bodies were found April 8, 2006, near Shedden.
Dr. Michael Pollanen, the chief forensic pathologist of Ontario completed the other four — George "Crash" Kriarakis, 28; John "Boxer" Muscedere, 48; Frank "Bam Bam" Salerno, 30; and Michael "Little Mikey" Trotta, 31.
Raposo, 41, the Crown maintains, was the first to die inside Wayne Kellestine's barn. The rest were shot to death after they were led out to four vehicles and placed inside.
The tow truck, two cars and an SUV were found hours later, abandoned on Stafford Line.
Rose told the jury the bullet that killed Raposo first amputated the right middle finger, before it shattered, sending fragments of the bullet and his finger into his chest.
Those fragments hit his neck and lung, hitting some large arteries and veins and causing him to die. More than a litre of blood was in his chest. Some other bullet fragments were found in the palm of his left hand.
A bullet from another gun, Rose said, grazed his right upper arm.
The Crown and their star witness, M.H., a former Winnipeg Bandido, have said Michael Sandham, 39, the Winnipeg chapter president, shot Raposo from the barn's loft. Sandham had a .303 rifle and a shotgun with him.
The jury has also heard M.H. had a shotgun and Dwight Mushey had a sawed-off shotgun. Kellestine had a .22 calibre rifle.
M.H. said he and Mushey hurried into the barn after hearing gunfire.
Rose's opinion was Raposo could not have been shot with a shotgun, pointing out the bullet fragments did not resemble shotgun pellets.
Rose also reviewed the autopsy results of three other victims:
-Jamie "Goldberg" Flanz, 37, died from two gunshot wounds — one at close range into the head downward from the forehead, through the brain, before the bullet lodged in the back of the head; and the other that entered through Flanz's cheek below his left eye, through the face and neck and lodged near the second vertebra. The second wound was not necessarily fatal, Rose said, but was medically significant and could have caused death. Flanz also had a laceration at the rear of his scalp.
-George "Pony" Jessome, 52, died from two gunshots to the head and one to the chest. Rose said there was one litre of blood in his chest cavity. Bullet fragments were retrieved from the right clavicle. Rose said he was not shot with a shotgun.
-Paul "Big Paulie" Sinopoli, 30, had two gunshot wounds to the head. One to the left eyebrow penetrated his face and neck, and collapsed his eyeball, indicating, Rose said, that the gun was held at an angle. The other shot was to the temple, but was "unusual," she said because of the tiny metal fragments found in the brain and the soft tissue of the scalp. The pellets, she said, were not from a shotgun. "I believe they came from a very unusual ammunition," she said. Sinopoli also had a small graze wound on his right thigh that went through the face of a gargoyle tattoo.
Rose began her testimony by explaining to the jury the features of different gunshot wounds.
In her experience, Rose said this was the only case she has seen where there were eight bodies were brought for examination from one incident.
Rose gave a presentation showing what different wounds — both entrance and exit — look like at autopsy. She also explained close-range gunshots and what wounds look like from handguns and shotguns.
"I should say there are not many exit wounds in this case," she said.
In cross-examination, defence lawyer Donald Crawford, Rose maintained it was not a shotgun that killed Raposo, even though forensic experts have not excluded a shotgun as a weapon.
Rose said the wound does not look like it was made by a shotgun blast.
As for the Flanz wound to the cheek, she agreed that people can survive shots to the head if they get treatment immediately.
But she would not retreat from her opinion that his cause of death was from both gunshot wounds.
Six men have pleaded not guilty to first-degree murder -- Kellestine, 60, and Frank Mather, 35, of Dutton-Dunwich; Brett Gardiner, 25, of no fixed address; and Sandham, 39, Marcelo Aravena, 33, and Mushey, 41, of Winnipeg.
The trial continues this afternoon.
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Biker boasted of being invincible, mass murder trial told
Aug 07, 2009 01:38 PM
LONDON, Ont. – Outlaw biker Wayne Kellestine bragged to police that he was "10 feet tall and invincible" immediately after being picked up by police on suspicion of taking part in the largest mass murder in modern Ontario history, court heard today.
Kellestine, 60, hadn't yet been placed under arrest for the murder of eight fellow members of the Greater Toronto Area Bandidos Motorcycle Club when he boasted to Det. Sgt. Mark Loader of the OPP that he had no fears for his own personal safety, despite the slaughter of his clubmates.
"I don't give an (expletive) about myself," Kellestine told Loader as they sat in a cruiser, driving from Kellestine's ramshackle farm to the London OPP detachment.
"I am invincible. I am 10 feet tall and invincible."
He said say, however, that he had fears for the safety of his wife and school-age daughter.
When Loader asked, "From who?," Kellestine burst into laughter and replied, "You don't know who?"
He didn't expand to the police officer, who was a member of the Biker Enforcement Unit, which targets outlaw motorcycle clubs.
The conversation was recalled as Loader took the witness stand this morning.
Loader said he wasn't interrogating Kellestine, and that the biker simply began to talk as they rode together in the police car on April 9, 2006, a day after the bodies of eight GTA Bandidos were discovered in vehicles abandoned by a farmer's field, 14 kilometers from Kellestine's farm.
Loader said that Kellestine appeared to be pretending to cry for a few seconds, and then said, "I wish that they would have put a gun to my head and killed me, too."
Court has heard that several of the murdered bikers were shot by guns pressed against their heads.
"Did you tell them that these people had been shot," Crown Attorney Kevin Gowdey asked?
"No I did not," Loader replied.
"Did you tell him where they were shot?," the Crown Attorney continued.
"No I didn't," Loader replied.
Found dead by a farmer's field were: Luis Raposo, 41, George Jessome, 52, and George Kriarakis, 28, all of Toronto; Frank Salerno, 43, of Oakville; Paul Sinopoli, 30, of Jackson's Point; John Muscedere, 48, of Chatham, Michael Trotta, 31, of Mississauga and Flanz, 38, of Keswick.
Facing eight counts of first degree murder are: Kellestine, Marcelo Aravena, 33, Michael Sandham, 39, and Dwight Mushey, 41, all of Winnipeg; Brett Gardiner, 25, and Frank Mather, 35, each of no fixed address.
The trial continues.
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Kellestine told wife: 'I loved all them guys'
Sat, August 8, 2009
BANDIDOS TRIAL
Freshly charged with eight counts of first-degree murder, Wayne Kellestine told his wife over the phone he "didn't do anything."
"I know it's a setup. You know it's a setup," he said to his common-law spouse, Tina, from the London OPP detachment.
He listened to Tina tell him about the dead.
"He wouldn't hurt a flea, that man," Kellestine said, though it was unclear exactly who he was talking about. "He's such a nice f---ing gentle man. (Expletive) I loved him too, with all my heart and soul. And Boxer, I loved him with all my heart and soul. And, (expletive) I loved all them guys."
Yesterday, the jury at the Bandido murder trial peered into Kellestine's mind in the hours following his arrest April 9, 2006, a day after eight dead Toronto Bandido bikers were found near Shedden about 14 kilometres from Kellestine's farm.
Excerpts from videotaped police statements were played, and showed Kellestine denying any involvement in the deaths, worrying about repercussions from other bikers, including the Hells Angels, and talking to his wife on the phone about what to do next.
OPP Det. Sgt. Mark Loader, who was part of Ontario's biker enforcement unit, testified he monitored the interviews after he and Det. Const. Jeff Gateman took Kellestine to the London OPP detachment after his arrest at his Elgin County farm.
Loader sat with Kellestine in the back seat of an unmarked police car.
Kellestine talked about his "brothers" and was crying -- but there were no tears.
"I wish they had just put a gun to my head and pulled the trigger too," Kellestine said.
"I don't care. I'm out of the club. Why me? I just lost three of my best friends."
"It appeared insincere," Loader testified.
At the detachment, Kellestine told the officers he'd been "crying over them all day."
"I don't give a (expletive) about myself," he said, crying. "I'm invincible. I'm ten feet tall and untouchable."
Moments later, Loader said, Kellestine was laughing.
During the first interview Kellestine insisted he was "drinking and partying" for three days and didn't know what day it was.
Kellestine was seated beside an interview table and stretched out with his feet resting on another chair. He kept telling Gateman he was exhausted and needed "triple-triple" coffee.
He told the officer he assumed his farm was under 24-hour surveillance.
"You know I haven't left. I haven't gone anywhere," he said.
"What am I? Houdini? I'm magic?"
At one point, it appears Kellestine tried to catch a nap.
He told Gateman he was embarrassed about crying in front of the officers
"The last thing I want is this on film in court seeing me bawling my (expletive) eyes out," he said.
Gateman assured Kellestine he hadn't seen him cry.
The officer also said he didn't think Kellestine looked burnt-out and hung over.
"I've seen you look worse," he said.
Kellestine wanted to know when he could leave. He was upset the police were "ripping my house apart."
"Did you murder these eight people? How's that for a question?" Gateman asked.
"That's a dumb (expletive) question. How could you say that to me?" Kellestine replied incredulously.
Kellestine said he wanted to go home, and clean up the mess the police were going to leave.
"I got to go home and I have to bury some friends, obviously."
But Gateman persisted. "You got eight dead people that you knew."
"You think I'm that stupid? To do something like that?" Kellestine asked.
"I am not going to dignify an answer to that.'
He also told Gateman he "wouldn't rat anybody off."
Kellestine also laments he's a "hypocrite because he had been high and drunk. "I'm always putting people down that are (expletive) drug addicts," he said.
He complained the police had "tunnel vision and you focus on me."
"And this is an old commercial. Pity," he said.
Kellestine called his common-law wife to make arrangements to leave. By the end of the interview, he had given the police his shoes for identification. When he was alone, he put on his sunglasses, pulled his ball cap over his eyes and was snoozing in the chair waiting for his release.
Instead, he was charged with eight counts of first-degree murder.
The next day, he wanted to know the whereabouts of the others who had been arrested at his house.
"You have tunnel vision here. You're focusing on the wrong people my friend, " he told OPP Det. Staff Sgt. Dave Quigley.
"Now we're all on the same team here. What, what would be my reason for wanting to harm them?"
Kellestine reminded the police he had problems with the Hells Angels who "tried to kill me three times in the past" and he'd been called by police as recently as "a couple of weeks ago" warning him about his safety.
"Now I imagine the Hells Angels are choked at me. I imagine the Bandidos are choked at me because I've been charged with this, even though you won't convict me on it."
Kellestine was worried about his family.
"You just charged me with murdering eight Bandidos who were my close brothers," Kellestine said. "Now whether or not you made a mistake or not, it'll come out in court.
"If the real perpetrators of this crime are Hells Angels, then they're still out there laughing."
Kellestine spoke to his wife and told her to sell his motorcycle, jewelry and cars.
"I want to apologize to all the neighbours for the inconvenience," he told her.
He told her there were "multiple arrests, whatever that means."
"I don't know whether they're arresting Hells Angels, who did this?. . . The police here are under the impression I helped them.
"Why would I do that? I hate them (expletive) . . . I hate them more than cops."
After the phone call, Quigley began questioning Kellestine again. Kellestine told him repeatedly to call his lawyer, Ken McMillan. "I've said way more than I should have. I realize that. I realize I opened my big (expletive) mouth and babbled on when I shouldn't have."
He denied he said to Quigley the Hells Angels were involved. Quigley said it didn't make sense anyway.
"Now quite frankly, I think you've done a great service to the H.A. (Hells Angels) by basically blowing up the entire national organization of the Bandidos," Quigley said.
Kellestine said he wanted to "recant any statements I've said."
For the rest of the interview, Kellestine repeated the same phrase.
"I deny having any knowledge or participation in any crime," he said.
The trial continues Tuesday.
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Police informant M.H. wasn't promised money, jury hears
Tue, August 11, 2009
By JANE SIMS, LONDON FREE PRESS
The police informant in the Bandidos trial was not promised money for his information and was told to expect jail time before he entered an agreement for immunity from prosecution.
OPP Det. Sgt. Mark Loader testified this morning that promises were not made to Winnipeg Bandido M.H., whom he was told gave details as to what happened at Wayne Kellestine's farm on April 8, 2006, when eight members of the Toronto Bandidos chapter were killed. M.H., 40, whose identity is protected by court order, gave lengthy testimony at the trial describing how the Winnipeg Bandidos arrived at Kellestine's farm unannounced and stayed two weeks.
M.H. told the jurors that the Winnipeg Bandidos devised a plan with Kellestine to get the Toronto Bandidos to the farm and described how each one was shot to death. Loader said he and Det. Const. Jeff Gateman, both members of the Biker Enforcement Unit, were sent to Winnipeg on April 14, 2006, a day after information came to Ontario investigators that a confidential source was there. Loader and Gateman focused on M.H., while other officers followed up on a second lead.
They had never met M.H. until April 16, 2006, when M.H. provided a 3 1/2-hour interview with them. Out of that interview came 33 different leads for Ontario investigators to follow while sifting through the Kellestine farm and checking other Bandidos-related information, Loader said.
After the initial contact, M.H. was instructed to call them if he recalled anything and arrange to meet them again. M.H. signed a contract with the Ontario attorney general two months later and became a police agent. Once M.H. was an agent, Loader became the primary handler of M.H., taking notes, giving directions and making decisions.
M.H. was instructed to wear body packs to record conversations and do follow-up interviews with the officers. Over the course of the investigation and preparing for the trial, Loader estimated he had "several hundred" meetings with M.H., either on the phone or in person.
M.H. required a lot of preparation time to review his statements, preliminary hearing testimony and wire taps. He was also cut off from the outside world with a new identity for himself and his family under the witness-protection program, Loader said. M.H. didn't see his extended family and didn't have time for his hobbies. He also was told not to seek employment because the case would require him to spend extended periods of time preparing for the trial.
Loader said there were days just "talking" about sports or his home province. M.H. was only given restricted access to evidence for which he provided information, Loader said. The jury also saw a short part of a longer police interview with Kellestine on April 10, 2006.
Kellestine refused to answer any questions, calling himself "a deaf mute." He told Gateman he had "the worst hangover of my life" from drinking beer. Loader monitored the interview after Kellestine was picked up at the end of his laneway during a high-risk take-down. Loader rode with Kellestine to the London OPP detachment and testified Kellestine did not smell like alcohol.
The trial continues this afternoon.
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OPP detective not impressed with Winnipeg cop, Bandidos jury told
Wed, August 12, 2009
Loader was handler of informant M.H.
By JANE SIMS, LONDON FREE PRESS
Ontario investigators landed in Winnipeg less than a week after eight dead Toronto-area bikers were found near Shedden, anxious to talk to a man who witnessed the shootings.
But first, they had to get past a Winnipeg police officer who used the man as an informant.
This morning at the Bandido trial, OPP Det.-Sgt. Mark Loader testified he was not impressed with the lack of professionalism displayed by officer Tim Diack when trying to arrange a meeting with M.H., a police informant.
M.H. is a former Winnipeg Bandido who has already testified at the trial. He is in the witness-protection program and his identity is protected by court order.
Loader, a former member of the Ontario Biker Enforcement Unit, testifying for a second day, confirmed Diack wouldn't let them near the informant until they took Diack out for dinner.
He ordered the most expensive thing on the menu, Loader said.
The suggestion of the steak dinner was made in a question from defence lawyer Michael Moon, who represents accused Dwight Mushey.
Loader also confirmed that he told Diack if he wasn't going to co-operate, the Ontario officers would confront M.H. on their own — based on their own intelligence.
The jury has already heard that it was Diack who suggested to M.H. that his information could be worth $750,000.
Loader confirmed that he was told M.H. would be making the request, along with a relocation for he and his family.
But he repeated that M.H. was given no promises and no money for his information.
He was told repeatedly that he could go to jail for his involvement, Loader said.
Diack did arrange for the Ontario officers to meet with M.H. and also rattled off some of the information M.H. had told him — specific details about the killings and some of the biker politics that led to the shootings.
But Loader said Diack told them detailed information off the cuff and without relying on a notebook.
Loader said during cross-examination by defence lawyer Clay Powell, who represents accused Wayne Kellestine, he had two of Diack's supervisors in the meeting when Diack relayed his information. Then Loader had the officers sign his notebook to make sure what Loader had written down was accurate.
He said he was concerned that Diack's "information was not reliable."
He also wanted the Winnipeg officers to sign off that they had told him they had "taken care of" the investigation into an alleged plot to kill Winnipeg Bandido chapter president and co-accused Michael Sandham by three other Bandidos — two sent from Toronto — while the Winnipeg bikers were in Ontario.
At the first interview with M.H. on April 16, 2006, eight days after the bodies were discovered, Loader went over Diack's information with M.H. to test its accuracy, before M.H. told his story to them for three hours.
Powell asserted that technique was "ass-backwards" and allowed the police to lay out a scenario for M.H.
But Loader disagreed, pointing out that M.H. corrected some of the information, then gave a detailed account of what happened that night at Kellestine's farm.
"It was quite successful," he said.
Once M.H. became a police agent, after signing an agreement with Ontario attorney-general on June 9, 2006, for immunity from prosecution, he wore body packs to gather audio-taped conversations.
M.H. was ordered not to fiddle with the recording device. But the first time he wore it in shorts he had on while working out at the gym, he made the mistake of taking the packs off before giving them back to the officers.
Loader said he never made the mistake again.
Loader said, M.H. was only encouraged to "tell your story" and nothing more during his trial preparation for the case.
Loader was also asked by defence lawyer Christopher Hicks, who represents Brett Gardiner, if he knew Eric Niessen, a man who the jury has seen in a videotape at Kellestine's farm and who was taken into police custody with four others at the farm the day after the bodies were discovered.
Hicks asked if Loader knew whether Niessen was a drug dealer dealing in methamphetamines.
Loader said he only met Niessen once and that his partner, Det.-Const. Jeff Gateman, would be more familiar with him — given his responsibilities were to understand the Bandidos motorcycle club in Southwestern Ontario.
Loader explained he was more familiar with the Hells Angels as part of his duties with the biker unit.
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Blood reveals death positions
Fri, August 14, 2009
BANDIDOS TRIAL
By JANE SIMS
The blood shed by eight Toronto Bandidos bikers gave clues to how they died.
David Sibley, a blood stain pattern analyst from the Ontario Provincial Police, was given the task to look at how blood pooled, dripped, flew and stained the vehicles where the dead men were found more than three years ago.
Yesterday, Sibley shared with the Superior Court jury at the Bandidos trial his conclusions from his examinations of the vehicles and the barn at Wayne Kellestine's farm where the men last gathered.
The jury reviewed grisly crime scene photos showing the men as they were found on April 8, 2006, in vehicles along Stafford Line in Elgin County.
Sibley discussed the direction the blood travelled after each man was shot and how it pooled around them.
Among his conclusions:
Most of the men were seated upright in the vehicles before they were shot. Paul Sinopoli was lying down in the back hatch of an Infiniti SUV.
Luis (Chopper) Raposo's body changed position several times, based on the flow pattern on his blood. The jury has heard Raposo was shot first inside the barn.
Jamie Flanz, found shot twice in the head in a Pontiac Grand Prix, had blood on his shoes. The Crown's star witness, a former Winnipeg Bandido known as M.H., has testified Flanz was one of the men ordered to carry Raposo's body, wrapped in a carpet, to the back of Raposo's Volkswagen Golf.
The "back spatter" blood pattern - blood that travels back to the source of force -- was in front of Flanz who was seated in the rear of the car.
A footprint with blood from Frank Salerno was found in the barn.
Blood drops from Raposo were in the vestibule of the barn.
A transfer stain of Michael Trotta's blood -- evidence that a wet bloody object touched another object -- was found on a pillar in the barn.
In cross-examination, defence lawyer Gordon Cudmore, who represents Michael Sandham, pointed out none of Flanz's blood was on the rear door panel of the Grand Prix.
M.H. testified Sandham fired the first shot into Flanz through the rear window.
Cudmore pointed out there was blood spatter on the centre console. Sibley said that he had no way of knowing Flanz's position in the car, except that he was seated based on the blood trail on his face.
The focus of defence lawyer Tony Bryant, who represents Marcelo Aravena, was about George (Crash) Kriarakis.
M.H. testified he saw Kriarakis's body in the Superior Towing tow truck before he watched Wayne Kellestine shoot George (Pony) Jessome as he was seated in the truck's rear seat.
But Kriarakis's body was found in the front driver's seat of Raposo's Golf.
Kriarakis, who weighed 238 pounds, had seven gunshot wounds -- four to the head and three to the torso.
But none of his blood was found in the tow truck and there has been no evidence that any of Jessome's blood was on Kriarakis.
Sibley testified through questions from assistant Crown attorney Fraser Kelly, blood in the car from Kriarakis would have come from his head wounds.
He would not expect "back spatter" to come from abdominal wounds because they are penetrating wounds covered with clothing that would stop any spatter from happening.
The trial continues today.
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BANDIDOS TRIAL
Crime scene tire impressions analyzed
Jane Sims
The London Free Press
August 15, 2009
All tracks seemed to lead back to Wayne Kellestine's farm, a footwear and tire impression expert testified yesterday at the Bandidos trial.
The trial of six men who have pleaded not guilty to eight counts of first-degree murder in he deaths of eight Toronto Bandidos bikers took another step into CSI territory with John Norman, a senior forensic analyst with the Ontario Provincial Police.
His specialty is analyzing shoes and tire impressions at crime scenes and comparing them with exhibits.
The jury was given a short tutorial on how Norman came to his conclusions about what was found using characteristics in the treads of both tires and shoes from the investigation that started on April 8, 2006,
He explained he used casts of tire impressions made from those found by identification officers in the dirt laneway at Kellestine's Dutton-Dunwich farm. He compared them with a set of tires found in a ravine outside Winnipeg and tires from the crime scene on Stafford Line, where the four vehicles carrying the dead men were found.
He could not make conclusive matches on any tread but said he "could not exclude" any, either.
The four Winnipeg tires fit accused Michael Sandham's red GMC Jimmy, he said. And those tires could not be excluded from the Kellestine driveway tire marks.
The jury has heard Sandham was seen buying new tires for the vehicle from a Walmart in Selkirk, Man., near Winnipeg, just days after he returned from Ontario, and then dumping his old tires into a ravine.
Norman could not exclude the crime scene tires from:
The Chevrolet Silverado tow truck owned by Superior Towing and driven by victim George Jessome.
The Pontiac Grand Prix rented to victim Michael Trotta's spouse.
The Infiniti SUV owned by victim Jamie Flanz.
Assistant Crown attorney Joseph Perfetto asked about the Infiniti's fuel level when it was found abandoned on Stafford Line.
Norman said investigators were able to siphon gas from all the vehicles except the Infiniti.
"There was not enough fuel to siphon out," he said.
The jury has heard from the Crown's star witness, M.H., a former Winnipeg Bandido whose identity is protected, that the vehicles were left 14 kilometres from the Kellestine farm because one of them had run out of gas.
Cross-examination of Norman is expected Tuesday.
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Pathologist testifies about how bullets went into, through Bandidos
Death wounds of victims detailed
Wed, August 19, 2009
By JANE SIMS
John (Boxer) Muscedere had a gunshot wound that went from one ear to the other.
George (Crash) Kriarakis was shot seven times -- four in the head and three to the torso.
Frank (Bam Bam) Salerno was shot between the eyes.
The bullet that killed Michael (Little Mikey) Trotta was shot into the top of his skull.
The Superior Court jury at the Bandido trial heard more autopsy results yesterday through Dr. Michael Pollanen, who came to court with an extraordinary resume and reputation.
Ontario's chief forensic pathologist was instrumental in overturning the autopsy findings in several criminal cases reported by controversial Dr. Charles Smith. Pollanen disputed Smith's opinion that several children died as a result of foul play, leading to the Goudge Report into baby deaths examined by Smith and a review of shaken baby cases across Ontario.
It was that "excellent work" that defence lawyer Clay Powell commented on, before Elgin County Crown attorney Kevin Gowdey asked Pollanen to relate his findings in four of the eight autopsies of the Toronto Bandido bikers found shot to death April 8, 2006 near Shedden.
Eight bodies were found in vehicles along Stafford Line, all members of the motorcycle club..
The jury has already heard about the other four autopsies on George Jessome, 52, Luis Raposo, 41, Paul Sinopoli, 30, and Jamie Flanz, 37, from Dr. Toby Rose.
Muscedere, 48, the Bandidos Canada president, was shot twice in the head and once in the torso.
One bullet was shot into his right ear, through the brain and recovered under his left ear. A second head wound was shot into the right cheek and was also found near the left ear.
Muscedere was also shot in the belly, the bullet grazing his liver, then perforating his heart and left lung. The shot was at close range and the bullet was recovered in the muscle of his shoulder blade.
There were also injuries to his lower lip and inside his mouth where his teeth were broken. He also had abrasions to his knees. Pollanen said the injuries were consistent with "terminal collapse," when, after an incapacitating injury, a person falls to their knees and falls forward.
Salerno, 43, the president of the Toronto chapter, had been shot nine times, with six of the wounds noted as superficial grazes and flesh wounds to his right hand and right leg. Pollanen said the wounds couldn't have been caused by "birdshot" from a shotgun.
The other injuries were devastating. One shot between the eyes, at close range, ricocheted inside his skull and broke apart.
Another, into the right cheek, was found lodged in his sinus. A third bullet travelled essentially the same route as in Muscedere's head, from ear to ear.
Pollanen also pointed out an unusual finding of "stipling" on Salerno's face, a pattern of injury caused by fired gunpowder.
Pollanen said while Salerno had suffered the injuries, there was no bullet entrance wound associated with the marks, indicating a gun was fired near, but not into, Salerno's head.
The hair was shaved way from the top of Trotta's head to show the gun wound, Pollanen said, was made with the gun barrel pressed against the scalp.
The bullet travelled through the brain and out the left cheek. The bullet was found loose in the body bag.
Trotta, 31, was also shot in the right chest, but the bullet only entered muscle and soft tissue.
But a third wound on the right side of his head was unusual, the pathologist said. While there was blackening and burning on the skin, the bullet never entered the head. Small fragments were recovered from under the skin.
Pollanen said he called in firearms experts to look at the wound because it was "a particular type of ammunition I hadn't seen before."
A black eye, he said, would have been formed after death from seepage in the head wound. Trotta also had a scrape under his eye.
Kriarakis, 28, had two gunshots to the temple that travelled a similar route. One passed through the brain and skull but stopped just under the scalp.
Another bullet to the face was found in his forehead. An X-ray Kriarakis's head showed multiple bullet fragments lodged in his brain. Another close range gunshot wound to the head just under the ear entered the brain. Kriarakis also had a wound under his right armpit, shot into his shoulder.
A chest wound was likely fired after death, Pollanen said, because there was little bleeding even after it had grazed his liver.
A final wound to his abdomen, under the belly button perforated intestines and there was bleeding, he said, indicating Kriarakis was alive at the time of the shot.
The jury has heard the Crown's main witness, a former Winnipeg Bandido who was at Wayne Kellestine's farm the night of the shootings, testify seeing Kriarakis in the back of a tow truck when Jessome was shot to death. Police found Kriarakis's body in the front seat of the Volkswagen Golf attached to the tow truck.
Defence lawyer Tony Bryant, who represents accused Marcelo Aravena, asked Pollanen if the arm and belly wound would have incapacitated Kriarakis. Pollanen said a person could be mobile if no major arteries or veins are hit. He found no evidence of restraints on his wrists.
Bryant focused on what might happen if Kriarakis was in the back of the tow truck with those injuries when the vehicle was moved. Pollanen agreed there would be some pain.
Defence lawyer Christopher Hicks. who represents Gardiner, reviewed the toxicology results of each victim with Pollanen.
Muscedere's results were "remarkably negative," Pollanen said. Kriarakis also had negative results.
Salerno, however, had both morphine -- an active component of heroin -- and methadone in his blood. There was evidence of heroin use in his urine.
Both Salerno and Trotta had a small amount of alcohol that could have been attributed to decomposition after death. Trotta also had a small amount of marijuana.
The breakdown product of cocaine was in Raposo's and Flanz's blood. Jessome had therapeutic levels of the pain killer oxycodone.
Nothing was detected in Sinopoli's system.
The jury has heard of conflicts that rose between the Toronto chapter -- also considered the national chapter -- and its American leaders. There was also friction between the Toronto chapter and the fledgling Manitoba probationary chapter it had sponsored.
The men were shot after they had come to Kellestine's farm to have their "patches pulled" and kicked out of the organization.
The trial continues today.
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Accused made a lot of phone calls, Bandidos jury hears
Thu, August 20, 2009
By JANE SIMS, LONDON FREE PRESS
Michael Sandham must have had some cellphone bill.
This morning, in cross examination of an OPP analyst who looked through the records of 40,000 phone calls made by the players in the Bandidos case, it appeared it was Sandham — one of the six accused and the president of the probationary Winnipeg chapter of the Bandidos — who liked to burn up the phone lines the most.
Defence lawyer Clay Powell, who represents Wayne Kellestine, had OPP Sgt. Ed Kodis take a closer look at the Sandham's phone activity in the months leading up to the shootings.
Powell focused in on all the phone calls that seemed to be made from Sandham's cellphone to a Kellestine phone.
The timeline showed frequent and lengthy calls made by Sandham, sometimes several times a day, to the cellphone registered to accused Frank Mather — but listed as a contact for Kellestine on at least one biker phone list.
The activity heated up more in the days leading up to a trip to Vancouver and while Sandham was in the British Columbia city in early March, 2006.
Sandham made at least 20 phone calls on his cellphone, some to an American Bandido, Keinard (Hawaiian Ken) Post and Canadian Bandido David (Concrete Dave) Weiche, but most were to the Kellestine contact.
"This guy does a lot of talking," Powell said to Kodis.
"That phone gets a lot of use," Kodis replied.
On March 3, 2006, the Sandham phone, while in Vancouver, was connected to the Kellestine/Mather phone for about two hours.
"That's two hours they've been yakking on the phone," Powell pointed out.
Kodis told Powell his function was only to organize the calls into a time line. He was given limited information about each individual involved.
Powell suggested, as he moved further along in the timeline that it appeared Sandham was taking the initiative.
"I don't know what is going on, but it appears this guy Sandham is quarterbacking something," Powell said.
A month after the bodies were found on April 8, 2006 near Shedden, Sandham resurfaced in e-mails, speaking on behalf of the Winnipeg group. Powell reviewed the correspondence, Sandham's plans to visit the Bandidos international executive in Texas in May, and his attempts to retain his position after it was revealled he was an ex-police officer.
He was arrested in Winnipeg on June 16, 2006.
"I guess that shuts down his phone and computer down," Powell said.
Before the lunch break, the jury began to hear telephone intercepts of calls made by the accused after the shootings.
OPP Det.-Const. Spencer Salters made a voice identification of accused Marcelo Aravena, a former mixed martial-arts fighter, based on six phone calls made in Winnipeg from the house Aravena shared with accused Dwight Mushey and one from the Elgin-Middlesex Detention Centre after his arrest.
Two of the calls were conversations with women. One, with a woman named Jen, instructs her to check out heavyweightgladiators.com to see his photograph.
Another is a call to Global TV to register for one of their contests.
The jury is expected to hear more calls this afternoon.
The shooting victims were all members of the "No Surrender Crew," the Toronto chapter of the motorcycle club that doubled as Bandidos Canada.
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BANDIDOS TRIAL: Jury listens to private conversations
Suspect denies involvement in killings
Jane Sims
The London Free Press
August 21, 2009
On the phone at the London jail, accused Brett Gardiner stuck by his story.
"We were drunk for two days watching pay per view . . . The only thing that comes to my head is this is just a big frame, " he said to friend Heather McDowell on May 13, 2006, more than a month after his arrest.
"None of us are involved in any of that . . ."
Gardiner was maintaining his story on June 2, 2006.
"Like, say (if) Bill Clinton was in that house, he would've gotten arrested himself, you know," he told her. "Anybody in that house would've got arrested."
Yesterday, the jury at the Bandidos murder trial listened in on private conversations of some of the accused during the days after eight Toronto bikers were found shot to death on April 8, 2006, near Shedden.
The Crown's case has focused on the internal conflicts within the biker club. The international executive in the United States had ordered the patches -- or memberships -- be pulled from Bandidos Canada, the same people who belonged to the Toronto chapter.
There was also friction over dues and patches with the probationary Winnipeg chapter the Toronto group sponsored.
Seven of the eight shootings are alleged to have happened execution-style at Wayne Kellestine's farm before the vehicles containing the men's bodies were driven 14 kilometres away.
Gardiner was charged with five others picked up at the farm in the days following the deaths. He told Heather McDowell he came to Ontario to work for Kellestine "'cause Wayne does shingling."
The intercepts the jury heard yesterday all involved members of the Winnipeg chapter, all of whom except Gardiner were out of custody and living in the Manitoba capital for two months after the shootings.
And they were proudly carrying on Bandidos business.
Marcelo Aravena a former mixed martial arts fighter, excitedly told his friend Lorica Allard a month after the deaths that "I got my vest."
Three days later, he talked about it again with Allard, asking how he looked in his biker colours.
"You got to admit though, eh, at least it's . . . worldwide, not . . . in the city only," he boasted.
Besides, he told her, he wouldn't be able to extricate himself from the club.
"Trust me it's too late," Aravena laughed. "The only way out for me is if I'm floating . . . in the river."
So excited was Aravena in the intercept, he asked accused Dwight Mushey, his sponsor, if he could be buried in his vest.
"I want the full thing, man," he said.
Some of the intercepts followed the Winnipeggers setting up two "church" meetings with a new member, Jeff (Bones) Smith, in May and recruiting new members.
But there seemed to be little communication between accused Michael Sandham, the president of the chapter, and the others until mid-May.
"Long time no hear," he said with a laugh on May 15, 2006, to another biker, who can only be identified as M.H. who has testified as a police informant at the trial.
In the phone intercepts from the Elgin-Middlesex Detention Centre in London, Gardiner told his girlfriend, Jessica McDowell, on June 16, 2006, the others had been arrested.
And he knew someone had given a statement to the police. But he didn't know Sandham had been a police officer and fiercely defended him.
Gardiner told her he'd decided he was "finished" with the biker club once he was released.
He'd told Mushey, even though he was promised full membership.
The trial continues today.
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Bandido was in his underwear when cops came to take him away, jury hears
Fri, August 21, 2009
Marcelo Aravena was in his boxer shorts when the police came to arrest him.
He let the two Winnipeg police officers into the house, where he lived with Dwight Mushey, when they came to the door after 11 p.m. on June 15, 2006.
The officers asked him to get dressed and followed him to the bedroom where he pulled on a t-shirt and shorts.
Back in the living room, he bent down and kissed his dog, Harley, on the nose before he went outside with the officers to be arrested for eight counts of first-degree murder.
"Yeah, that's fine," he said to the officers before they linked together two sets of handcuffs and cuffed the large man.
"He was very co-operative," testified Winnipeg police Det.-Sgt. Scott Halley at the Bandidos trial this morning.
The focus of the trial returned to the Manitoba capital today with the jury hearing from four Winnipeg police officers.
Two of them described seeing Aravena, 33; Mushey, 41, and a biker-turned-police informant M.H. in their Bandido vests a week before the arrest, during a lengthy surveillance.
Det.-Sgt. Dennis Peterson also told the jury about arresting Mushey shortly after 10 p.m. on June 15, 2006.
Mushey was walking to his blue, late-model Mercedes when the police arrested him at gunpoint.
Peterson said Mushey also was "co-operative."
The jury also heard wiretap intercepts of Mushey on the phone with prospective members of the Winnipeg Bandidos.
It's clear from the conversations he is not in contact with chapter president Michael Sandham, 39, and wants to know what happened during a trip to Texas.
The three Winnipeg men along with Wayne Kellestine, 60, and Frank Mather, 35, of Dutton-Dunwich and Brett Gardiner, 24, of no fixed address have pleaded not guilty to eight counts of first degree murder in the shooting deaths of eight Toronto-area members of the Bandidos motorcycle club on April 8, 2006.
The shooting victims were George Jessome, 52; George Kriarakis, 28; John Muscedere, 48; Luis Raposo, 41; Frank Salerno, 43; Paul Sinopoli, 30; Jamie Flanz, 37; and Michael Trotta, 31.
The trial continues this afternoon
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Kellestine laments missing funerals
Sat, August 22, 2009
By JANE SIMS
An indignant Wayne Kellestine told one friend he had been denied attending his slain friends' funerals.
To another, he said the police had "the wrong people."
But while locked up in the Sarnia Jail a month after he was charged with eight counts of first-degree murder, Kellestine told his wife he "f---ed up bad."
Tina Fitzgerald hadn't been able to go home to their farm while police searched it for clues connected to the shootings of eight Toronto Bandido bikers and she wanted some answers from the police.
"Well . . . I got us all in trouble, didn't I?" Kellestine said on May 11, 2006.
Yesterday, the Superior Court jury at the Bandidos trial, listened to short segments of phone calls Kellestine made from jail in the weeks after his arrest.
Kellestine and five others have pleaded not guilty at a murder trial that has focused on the conflicts within the Bandidos motorcycle club and how the men were shot to death during a "patch pulling" to kick them out of the organization.
Kellestine told Fitzgerald he was a "goldfish" in a "bowl" at the jail after the charges in one of the biggest mass slayings in the province's history.
"I'm the most famous person this place ever had," he said.
"Well, it doesn't matter, fame or not," Fitzgerald replied. "It's not . . . right and it shouldn't of never happened and whatever happened, I don't know."
"I should have retired when I wanted to," Kellestine said.
In the six segments of intercepted calls, Kellestine's profanity-laced conversations attempted to steer the blame away from him and his friends who also had been charged.
"This . . . happening out there, he said to Gary Gauthier.
"And to add insult to injury, I didn't even get to go to my best friends' funerals, you know what I mean. It's like (unintelligible) add . . . salt to the wound, they charge me for it."
But the conversations with Fitzgerald reveal Kellestine's fears for his family and his desire they keep their stories straight.
"I threw you out the week before, 'member?" Kellestine asks his wife. "I threw you out of the house."
In another conversation, he tells her the same thing "that way there's nothing there to do with you."
Kellestine also spoke to Deborah Moore about co-accused Frank Mather.
"Tell him I love him with all my heart and soul and I'm sorry that he came to my place for a beer. He picked the wrong day to come out for a beer," he said.
He told Moore the police had been out to get him for a long time "and they're going to look like idiots on this."
"I like what Dave's father said, you know . . . He wants his son to go into hiding 'cause the real killers are still out there."
Kellestine also refers to the rival biker gang as "weasels". "You won't catch any Hell's Angels in London when I'm out," he said.
He called the dead men his "best friends." "What . . . would I gain from doing that. If anything I'd want them around. I mean, they're a buffer between me and, you know, other clubs."
The police, he said, had "tunnel vision . . . All they'll see is me and they'll miss the real picture."
"They're going to blame everything on me, even though I was nowhere around when it happened . . ."
The jury also heard police intercepts involving accused Dwight Mushey before his arrest in Winnipeg on June 15, 2006.
Mushey was busy recruiting members for the Winnipeg Bandido chapter.
There was evidence Mushey had lost touch with accused Michael Sandham, the chapter's president, while Sandham was supposed to be in Texas to meet with Bandidos international executive to pave the way for club expansion.
"I'm not the one in charge," he said to Jeff (Bones) Smith. "I'd do things a lot differently but, like I said, he's down there so he . . . better come back with . . . answers for everybody, that's all I got to say."
Four Winnipeg police officers also testified yesterday. Two of them described seeing Marcelo Aravena, 33, Mushey, 41, and a biker-turned-police informant M.H. in their Bandido vests a week before their arrests.
Det. Sgt. Dennis Peterson told the jury about arresting Mushey shortly after 10 p.m. on June 15, 2006.
Peterson said Mushey was "co-operative." Aravena was in his boxer shorts when the police came to arrest him, said Det. Sgt. Scott Halley.
He let the two Winnipeg police officers into the house where he lived with Mushey an hour after Mushey's arrest
The officers asked him to get dressed and followed him to the bedroom where he pulled on a T-shirt and shorts. Back in the living room, he bent down and kissed his dog, Harley, on the nose before he went outside with the officers to be arrested for eight counts of first-degree murder.
The trial continues Tuesday.
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BANDIDOS TRIAL: The former police officer said he wasn't at the scene of the murders of eight Toronto-area bikers
'I wasn't even there,' Sandham insists
The London Free Press
August 26, 2009
Just told he was charged with eight counts of first-degree murder, an agitated Michael Sandham said the police had it all wrong.
"That's bull----," the ex-police officer said while sitting in the back of a cruiser after he was arrested at his Winnipeg home on June 16, 2006.
Sandham sighed heavily at the charges. He was angry he was even being considered a suspect in the shooting two months earlier of eight Toronto-area Bandidos bikers a province away in Elgin County.
Six times he told the police, "I wasn't even there. "
Sandham, the jury heard yesterday at the Bandidos trial, was arrested at 6:30 a.m. by officers from the Winnipeg police emergency response unit.
Officers had thrown a hammer through his kitchen window before he was arrested.
OPP Det. Sgt. Bruce Aitken was tasked with arresting Sandham.
Aitken testified yesterday about the terse conversation after the arrest. He recorded what Sandham said to him and a Winnipeg police detective after he was given his rights to counsel.
Sandham, 39, who had once been a police officer in a small community outside Winnipeg, was president of the Manitoba Bandidos, a probationary chapter.
The jury has heard he and four other Winnipeg members had been at Wayne Kellestine's Dutton-Dunwich farm the night eight Toronto Bandidos were shot to death on April 8, 2006, during a "patch pulling" to kick the men out of the club.
There were simmering tensions between the Toronto club, whose members called themselves the No Surrender Crew, and the American headquarters. The Toronto chapter was also at odds with the Winnipeg chapter it was sponsoring.
In the cruiser, Sandham was asked if he wanted to call a lawyer.
"A hammer just got thrown through my window. I guess I want to call a lawyer. Should've knocked on the door," he said defiantly.
He told the officers he was upset because "my kids are being marched out" and he said with emphasis, "I wasn't even there."
Sandham was annoyed at how the police treated him during the arrest. He reminded them he had been a police officer.
"I was one of you guys, for crying out loud. You think I'm going to give you guys a hassle?"
The officers told Sandham they were "acting on information".
"What information? Did I have a bazooka in the house?" he asked incredulously.
Sandham said he didn't own a firearm and didn't have a criminal record.
Sandham sighed heavily in disgust a couple times during the exchange about the homicides in Ontario.
He denied he was a member of the Bandidos.
Sandham repeatedly told the officers they didn't have any grounds to arrest him because he wasn't at Kellestine's farm when the bikers were shot.
Through cross-examination by Sandham's lawyer, Donald Crawford, Aitken said Sandham's wife and two children were removed from the house and the wife was taken to the police station for questioning.
Also yesterday, DNA was the focus of testimony by forensic biologist Brian Peck, who discussed his conclusions concerning samples found at Kellestine's farm and at the Winnipeg home of Dwight Mushey and Marcelo Aravena.
Peck tested blood found on firearms found in a compartment under the microwave oven in the Kellestine kitchen.
One gun, a Mossberg and Sons .22 calibre rifle, had DNA that could be linked to five victims -- Frank Salerno, George Jessome, Jamie Flanz, Paul Sinopoli and George Kriarakis. Sinopoli's DNA profile was inside the barrel.
The gun, with a green strap, was identified by Crown star witness M.H. as the firearm Kellestine was using.
More blood was found on a Hi Point .380 automatic pistol linked to three people, but only two could be identified -- Sinopoli and Michael Trotta.
DNA similar to victims Luis Raposo and Flanz was found on a sawed-off shotgun.
Jessome's profile was in blood on the butt of a black shotgun the jury has heard was carried by M.H.
Blood found in the barn on a carpet, on a coffee table, in a flower pot and on a wooden step inside the door and outside on piece of wood was linked to victim Luis Raposo.
Blood in a footprint in the barn was linked to Salerno.
Elgin County Crown attorney Kevin Gowdey told the jury it should be the last week of Crown evidence.
The marathon case began on March 31.
The trial continues today.
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Guns, guns, guns found at Kellestine farm, jury hears
Wed, August 26, 2009
Guns hidden in a secret compartment in the kitchen.
Guns tucked into the basement duct work.
A gun shoved into the rafters of the covered front porch.
Today, the Bandidos trial jury heard about an arsenal of firearms discovered by the police during a search of Wayne Kellestine's farm in Dutton-Dunwich southwest of London.
There were so many firearms, pieces of firearms and ammunition described by OPP Det. Const. Ross Stuart, the lead identification officer, it was easy to lose count.
Some of the firearms have been identified earlier as weapons that had DNA on them from some of the eight dead Toronto-area Bandidos found shot to death near Shedden on April 8, 2006.
Six men have pleaded not guilty to first-degree murder -- Kellestine, 60, and Frank Mather, 35, of Dutton-Dunwich; Brett Gardiner, 25, of no fixed address; and Michael Sandham, 39, Marcelo Aravena, 33, and Dwight Mushey, 41, of Winnipeg.
The shooting victims were all members of the Toronto chapter of the Bandidos motorcycle club.
The Toronto chapter doubled as Bandidos Canada and the group called themselves the No Surrender Crew.
The jury has heard the men were shot during a "patch pulling" at Kellestine's farm to kick them out of the worldwide organization.
The Toronto group was feuding with the Manitoba probationary chapter it was sponsoring. There were also simmering tensions between the Toronto chapter and the international headquarters based in the United States.
George (Pony) Jessome, 52, George (Crash) Kriarakis, 28, Bandidos Canada national president John (Boxer) Muscedere, 48, Luis (Chopper) Raposo, 41, Toronto chapter president Frank (Bam Bam) Salerno, 43, Paul (Big Paulie) Sinopoli, 30, Jamie (Goldberg) Flanz, 37, and Michael (Little Mikey) Trotta, 31 were found shot to death and their bodies left abandoned in cars left on Stafford Line in Elgin County.
Most of the 17 firearms were found in a cupboard under the microwave in Kellestine's kitchen that could only be hidden if the appliance was removed.
Police found a small hole in the wooden lid. The guns were inside the cupboard, many of them disassembled.
They included:
*a Mossberg and Sons .22 calibre rifle with a green strap.
*a Hi Point .380 automatic pistol.
*a Cooey Model 64 .22 calibre rifle.
*two Remington Wingmaster model 870 shotguns.
*a Remington model 812 shotgun.
*a Springfield Arms single shot shotgun.
*a Maverick Arms 12 gauge shotgun that was still loaded with four rounds.
*a Savage model 930 level action rifle that was sawed off.
*an L Stevens double-barreled shotgun.
*a Remington sawed-off 12 gauge shotgun.
Stuart also showed photographs of various ammunition and magazines that were found in two white plastic shopping bags in the compartment.
Stuart said two other guns were found in the duct work on the ceiling of the cluttered basement workshop - two Lee Enfield .303 calibre rifles, one of them partially disassembled.
A collection of gun parts was found on the workbench.
Stuart told the jury he was given specific instructions on April 19, 2006, to look for a gun under the shingles of the covered porch.
He found one in the rafters - an FN 7.62 rifle.
A Mauser model 1932 pistol was found wrapped in a towel in the garage. The towel "had a strong scent of cleaner."
A Kombat K imitation pistol was found wrapped in a towel and stuck inside box of frozen hamburgers.
And police discovered a piece of a sawed-off shotgun barrel in the shed.
Stuart reviewed where various cartridges were found, both in the vehicles where the bodies were found and on the farm - specifically in the barn, in the barn loft, in the firepit outside, along the laneway and in the grass.
Stuart described returning to the barn on Jan.13, 2007, to investigate suggestions made at the lengthy preliminary hearing regarding a shotgun blast.
Police found a shotgun spray pattern in the loft's wall.
Stuart and a firearms expert did a "trajectory analysis" almost two months later and discovered a portion of a copper bullet jacket on a small ledge in the main room of the barn.
Cross-examination by the defence ended earlier this morning of Brian Peck, a forensic biologist at the Centre for Forensic Sciences.
The trial continues this afternoon.
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Guns stashed behind microwave
Thu, August 27, 2009
It took police probing the slayings of eight bikers six weeks to find the arms haul at Wayne Kellestine's farm
The search of Wayne Kellestine's farm turned up a mountain of evidence, but after six weeks at the property police were still missing their 'smoking guns.'
The work began April 10, 2006, two days after eight Bandido bikers were found shot to death 14 kilometres from the Elgin County farm.
Police had found some guns, but couldn't locate two critical firearms a ballistic expert believed were used in the shootings.
Yesterday, OPP Det. Cons. Ross Stuart, the lead identification officer, told the Superior Court jury at the Bandidos murder trial that after May 9, 2006, the hunt was on for a .22-calibre Cooey rifle and a .380 automatic handgun.
Stuart said police used gun dogs to sniff out the firearms and called in other investigators with "fresh eyes" to look over the search.
They searched the attic, the soffits and the septic system. They tried ground-penetrating radar to try to detect if the guns were buried.
On May 24, 2006, while officers from the wiretap branch were installing a system in the kitchen, they made a surprising discovery -- the microwave compartment was cut into the cabinetry. When officers removed the oven, they found a tiny hole on the shelf. And when the shelf was pulled open, there was a stash of guns inside.
Most of the 17 firearms Stuart described were found there:
A Mossberg and Sons .22-calibre rifle with a green strap.
A Hi Point .380 automatic pistol.
A Cooey Model 64 .22-calibre rifle.
Two Remington Wingmaster model 870 shotguns.
A Remington model 812 shotgun.
A Springfield Arms single-shot shotgun.
A Maverick Arms 12-gauge shotgun, loaded with four rounds.
A Savage model 930 level action rifle, sawed off.
An L Stevens double-barreled shotgun.
A Remington sawed-off, 12-gauge shotgun.
Stuart also showed photographs of various ammunition and magazines found in two white plastic shopping bags in the compartment.
Stuart said two more guns were found in the ceiling ductwork of the cluttered basement workshop -- two Lee Enfield .303 calibre rifles, one partially disassembled.
A collection of gun parts was found on a workbench.
Stuart told the jury he had found another gun earlier in the search. He said he was given specific instructions on April 19, 2006, to look for a gun under the shingles of the covered porch.
He found one in the rafters -- an FN 7.62 rifle.
A Mauser model 1932 pistol was found wrapped in a towel in the garage. The towel "had a strong scent of cleaner"
A Kombat K imitation pistol was found wrapped in a towel and stuck inside an Our Compliments brand frozen hamburger box.
And police discovered a piece of a sawed-off shotgun barrel in the shed.
Stuart reviewed where various cartridges were found, both in the vehicles where the bodies were found and on the farm -- specifically in the barn, in the barn loft, along the laneway and in the grass.
Fifteen cartridges were in a fire pit near the barn.
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Projectiles and cartridges match guns, Bandidos jury hears
Thu, August 27, 2009
By JANE SIMS, LONDON FREE PRESS
Of all the guns in Wayne Kellestine's arsenal, the Mossberg .22 calibre rifle with the green strap and the Hi-Point 380 auto pistol appear to have been the most deadly.
This morning, a gun and ballistics expert told the jury at the Bandido trial he examined 16 firearms seized from Kellestine's Dutton-Dunwich farm and found the two guns matched projectiles and cartridges found after eight Toronto area bikers were shot to death on April 8, 2006.
Their bodies were found stuffed in vehicles and left abandoned on a rural Elgin County road 14 kilmoetres from the Kellestine property.
Wayne Arendse said projectiles from the Mossberg .22 were found in John (Boxer) Mucedere and George (Crash) Kriarakis. Projectiles found in George (Pony) Jessome could not be conclusively identified as coming from the Mossbert, but could not be eliminated.
Projectiles matched to the Hi-Point pistol were linked to Paul (Big Paulie) Sinopoli, Michael (Little Mikey) Trotta and Jamie (Goldberg) Flanz.
Frank (Bam Bam) Salerno had projectiles from both guns.
Arendse said Mossberg cartridges were found in the back of Raposo's Volkswagen Golf, beside Jessome in the rear seat of the tow truck, in the back of Flanz's Infinti SUV, on the Kellestine barn floor in the outdoor fire pit, near the gate by the house and on the grass beside the laneway.
Hi-Point cartridges were left in the back of the Infiniti and in Trotta's rented Pontiac Grand Prix.
Arendse also discussed the wounds to Luis (Chopper) Raposo, the victim believed to be the first to die inside the barn.
Raposo died from chest and neck wounds after the Crown says he was shot by accused Michael Sandham from the barn loft. He also had his middle finger amputated, had a graze wound on his arm and the stock of his gun shattered.
Sandham was carrying a Lee Enfield .303 rifle and a shotgun, the jury has head.
A used .303 cartridge was found in the loft, along with shotgun spray on a wooden beam under the loft that likely came from a sawed-off shotgun used by Raposo.
A distorted copper jacket similar to rifle ammunition was found on a ledge behind where Raposo would have been standing.
Assistant Crown attorney Brian White asked Arendse if one .303 projectile could have caused all the injuries.
Arendse said it was possible that after the bullet shattered Raposo's finger and gun stock, it could have separated into two projectiles — the copper jacket and the lead core.
He agreed the lead could have fragmented and entered Raposo's chest. His findings were that there was evidence of a single projectile, not a blast from a shotgun, based on the pieces taken from Raposo's body.
Arendse is back in the witness box this afternoon.
The Crown's case surrounds the internal conflicts of the Canadian Bandidos motorcycle club.
The Bandidos are one of the largest biker organizations in the world, with its international executive based in the United States.
Bandidos Canada also doubled as the Toronto chapter, with separate executive structures governing each division.
They were also sponsoring a fledgling probationary chapter in Manitoba.
But Bandidos Canada had fallen out of favour with its American masters because of a lack of communication and payment of dues.
The Americans announced the Canadians were out of the club, sparking a frantic attempt to salvage something by an ambitious Winnipeg group and Kellestine, a Toronto member who had been frozen out of many of the Toronto activities.
Kellestine was promised a national presidency if he would "pull the patches" of the Toronto group, a term that in the biker world means kicking them out of the club.
The Winnipeg chapter arrived unannounced at Kellestine's weeks after the order had been made, to help Kellestine kick out the Toronto group.
Two weeks later, Kellestine lured the Toronto chapter to his farm for "church" - a biker meeting.
By the next morning, eight men had been shot to death and their bodies left in vehicles along a rural road near Shedden 14 kilometres from the Kellestine farm.
The Winnipeg men headed back to Manitoba just as day broke and not long before the grisly discovery was made by locals, according to testimony from Crown witness M.H.
Six men have pleaded not guilty to first-degree murder — Kellestine, 60, and Frank Mather, 35, of Dutton-Dunwich; Brett Gardiner, 25, of no fixed address; and Michael Sandham, 39, Marcelo Aravena, 33, and Dwight Mushey, 41, of Winnipeg.
The shooting victims were George Jessome, 52, George Kriarakis, 28, Bandidos Canada president John Muscedere, 48, Luis Raposo, 41, Toronto chapter president Frank Salerno, 43, Paul Sinopoli, 30, Jamie Flanz, 37, and Michael Trotta, 31.
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Crown matches bullets to victims
Fri, August 28, 2009
BANDIDOS TRIAL: Final day of Crown evidence
By JANE SIMS
The end of the Crown's evidence went out with a bang.
The jury was told yesterday on the last day of Crown evidence that of all the guns in Wayne Kellestine's farmhouse arsenal, the Mossberg .22-calibre rifle with the green strap and the black and silver Hi-Point 380 auto pistol were the most deadly.
Bandidos national president John (Boxer) Mucedere and George (Crash) Kriarakis both had projectiles pulled from their bodies that were fired from the .22.
Other pieces of lead in both of them and their biker brother George (Pony) Jessome couldn't be conclusively matched to the .22,, but the gun couldn't be excluded either.
Projectiles from the Hi-Point pistol were linked to Paul (Big Paulie) Sinopoli, and Jamie (Goldberg) Flanz. A Hi-Point projectile was found in the body bag that carried Michael (Little Mikey) Trotta -- it had travelled through his head and out his cheek.
Frank (Bam Bam) Salerno had projectiles in his head from both guns.
Yesterday, the jury at the Bandidos murder trial heard the Crown's final witness, Wayne Arendse, a gun and ballistics expert from the Centre of Forensic Sciences describe his findings after examining 16 guns from the Kellestine Dutton-Dunwich farm and the projectiles and cartridges collected during the investigation in the weeks after eight Toronto area bikers were found shot to death on April 8, 2006.
Their bodies were found stuffed in four vehicles and left abandoned on a rural road near Shedden, 14 kilometres from the Kellestine property.
Along with matching the bullets to the dead men, Arendse said Mossberg cartridges were found in the back of Raposo's Volkswagen Golf, beside Jessome in the rear seat of the tow truck, in the back of Flanz's Infinti SUV, on the Kellestine barn floor, in the outdoor fire pit, near the gate by the house and on the grass beside the laneway.
Hi-Point cartridges were discovered in back of the Infiniti and in Trotta's rented Pontiac Grand Prix.
By the end of the day, two tiny lead fragments known to the court as Item 17-1 and 17-2 became a focus of both the Crown and defence.
How they ended up in Luis (Chopper) Raposo's chest has been a contentious issue at the Bandidos trial since it began five months ago.
Raposo is believed to be the first to die inside the barn. He also had his middle finger shot off, had a graze wound on his arm and the wooden stock of his double-barrelled sawed-off shotgun shattered.
The Crown's theory is they are fragments from a .303 rifle projectile shot by accused Michael Sandham.
At the end of the day, Elgin County Crown attorney Kevin Gowdey stood to address the jury.
"Your Honour, ladies and gentlemen of the jury, the Crown rests its case."
The jury will be on a break until Sept. 8 to allow the lawyers to discuss some legal issues.
Superior Court Justice Thomas Heeney told the jury when they return "we will move into the next phase of the trial."
BY THE NUMBERS
Facts and figures about the Crown's case:
Trial days: 58
Witnesses: 71
Longest a witness spent in the box: 14 days
Longest jury break: Three weeks
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Accused in Bandidos slayings had different levels of authority, defence lawyer suggests
Tues, September 8, 2009
London, Ont. -- The six men accused of killing eight of their Bandido biker colleagues in April 2006 had very different levels of authority within the organization, a defence lawyer suggested yesterday to the key Crown witness.
“You were the top of the food chain,” said Tony Bryant to the former Bandido turned police informant who can be identified only as M.H. because he is in the witness protection program.
Mr. Bryant, who represents Marcello Aravena, told M.H. that he and defendants Wayne Kellestine, Dwight Mushey and Michael Sandham, were the only people who could give orders the night that eight members of the Toronto chapter were killed in a barn just west of London, Ontario.
M.H., a former sergeant-at-arms in the Winnipeg chapter, has played down his seniority during his testimony at the Ontario Superior Court trial.
But he agreed that Mr. Kellestine “was making the decisions” that night and could be seen consulting on more than one occasion with Mr. Mushey and Mr. Sandham, the president of the Winnipeg chapter of the Bandidos.
In contrast, Mr. Aravena, Brett Gardiner and Frank Mather were initially told to stay in the house on the farm owned by Mr. Kellestine and monitor the police scanner, after members of the Toronto chapter arrived for a meeting in the barn at the property.
All six men are facing eight counts of first-degree murder for their alleged roles in the execution-style killings during a meeting that was called originally to carry out orders from Bandidos in the United States to “pull the patches” (remove memberships) of the Toronto-based bikers. M.H. has been granted complete immunity in exchange for his testimony.
M.H. has testified that he witnessed Mr. Kellestine kill one person and believes he may have shot six of the Toronto Bandidos. Mr. Mushey and Mr. Sandham have been directly implicated in two of the deaths.
The other three defendants were either guarding the Toronto Bandidos after a brief shootout in the barn, or they were part of the cleanup, M.H. has testified.
The jury has heard that Mr. Gardiner, who has the nickname “Bull” and Mr. Aravena were often the target of jokes within the Bandidos.
Mr. Gardiner once went outside to search for a pickle tree, because Mr. Kellestine said he wanted pickles.
“They were hauling water,” and performing other chores, explained M.H. “Bull was doing most of the hauling. Marcello’s lazy,” the witness added.
M.H. agreed during cross-examination that there was no clear plan in advance to kill the Toronto Bandidos.
While M.H. was outside the barn when the initial shootout took place, the jury has heard that Toronto member Luis “Chopper” Raposo may have fired first and then was wounded by Mr. Sandham.
Mr. Raposo died from his injuries and was carried out in a blanket.
For the next few hours the other Toronto Bandidos were held at gunpoint, with Mr. Kellestine at various points promising them they would not be harmed as long as they gave up their patches. The bikers were also offered water and cigarettes.
What remains unclear is why Mr. Kellestine is alleged to have changed his mind and ordered the bikers outside one after the other to be executed.
“It was kind of fluid,” suggested Mr. Bryant.
“Yeah,” responded M.H., who testified that he never spoke to anyone during this crucial time period about what was going to happen next.
Mr. Bryant is expected to conclude his cross-examination on Thursday. M.H., who has already testified for nine days, will then be cross-examined by lawyers for Mr. Gardiner, Mr. Mushey and Mr. Kellestine.
The eight shooting victims were Mr. Raposo, George Kriarakis, George Jessome, John Muscedere, Frank Salerno, Paul Sinopoli, Jamie Flanz and Michael Trotta.
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Ex-cop accused of murder testifies in Bandidos trial
Wed, September 9, 2009
Michael Sandham says he couldn't even shoot a frightened rabbit
By JANE SIMS AND KATE DUBINSKI
Michael Sandham made the decision to hide in the loft of Wayne Kellestine's barn — and he regrets it.
He hid there and listened with an unloaded .303 rifle beside him, he said, to the members of the Toronto Bandidos chapter talk about guns and murder before all hell broke loose inside the barn on April 8, 2006.
Sandham, 39, an ex-police officer-turned-biker charged with eight counts of first degree murder and testifying at the Bandidos trial in his own defence, said he concealed himself while the eight men who were about to die assembled in the barn.
He said he heard Jamie Flanz admire the sawed-off shotgun Luis (Chopper) Raposo had with him.
"That's for Taz (Sandham's nickname) when he comes through the door," Raposo said. "That f---ing pig. I'm going to put a hole in him."
Sandham, who portrayed himself as a peacemaker, a negotiator and a gun-hater this morning at the trial, began to tell his version of what led to the shooting deaths of eight Bandidos.
And his take of the events is far different than what was described by Crown star witness M.H., who was also at the farm the night of the killings.
Several times yesterday, some of the other accused men rolled their eyes and shook their heads at what Sandham said.
His lawyer, Donald Crawford told the jury Sandham would "give a real picture of what really happened."
When Sandham was recalling Chopper's ominous words, he broke down in the witness box.
He said he realized he was cornered. There was no way out of the loft.
"I started to think about what I'm going to do," his voice breaking.
"I just started to think about my daughter. I started to think I'm never going to see her again."
Sandham said he thought he was going to be killed.
"I thought I was going to get shot by Chopper," he said. "And that I might have to shoot somebody to get out of there."
He said he heard the Toronto men discussing the killing of Keswick drug dealer Shaun Douse "in Jamie's home," he said.
John (Boxer) Muscedere," Bandidos Canada national president said Douse "definitely didn't die like a man because he wasn't a man anymore."
"I thought, 'I'm surrounded by a bunch of killers," Sandham said.
Over the next 30 minutes, he waited in hiding, until the final two Toronto men arrived. He heard Kellestine say Sandham and Marcelo Aravena were staying at a nearby motel and he would call them.
Kellestine served the men drinks, then Sandham heard him say "Come on guys. Let's go," several times.
He said Kellestine returned with Dwight Mushey and M.H. with guns drawn.
Sandham put different guns in his fellow Winnipeg bikers hands. And he said all the Toronto men had guns too.
Sandham, who was wearing a "ratty" bullet-proof vest he always wore when he sensed trouble, popped out of his hiding place.
"I'm concerned for people's safety and mine," he said.
Sandham said Raposo saw him, grabbed his gun out of a rolled up carpet and pointed it at Sandham.
Sandham had the gun resting on a ledge toward Raposo.
"I started screaming at him 'Put the gun down. We're just here to talk."
"He's just grinning and ignoring me," he said before Raposo shot at him. Sandham said he could feel the warmth of the gun and "the gases in my face" as it was shot at him.
Sandham backtracked and added he loaded his bolt-action gun quickly, after rehearsing how in his head while waiting in the loft.
The shot from Raposo's gun hit him. "I flinched and BOOM," he said.
His rifle had discharged.
Sandham said M.H. fired a "duck gun" he was holding, shocking Kellestine, who fired his gun and grazed Paul Sinopoli's leg.
He said Kellestine then yelled for everyone to stop shooting.
It was Kellestine, Sandham said, who was orchestrating the events, although none of the intitial plan had come from him. '
Sandham said the orders came from El Presidente himself, who sent them to Sandham and Kellestine during a meeting in British Columbia.
The international sergeant-at-arms, known as Mongo, met the two Canadian Bandios a couple moths after the international biker organization ordered that Canada was finished.
Another Canadian Bandido, David Weiche, originally from the London-area was there as well, Sandham said.
Sandham said he went to the meeting to "patch things up." Instead, the order was to "murder Boxer and Bam Bam (Toronto chapter president Frank Salerno).
El Presidente, they were told, "was very upset" because of a lack of communication between Toronto and him.
He had appointed George (Crash Kriarakis as president, but Muscedere overruled him.
Sandham said that was "a huge slap in the face."
Sandham said he was in "disbelief" and "shocked" when he heard the order.
Kellestine was given the duty, but told Sandham later he wasn't going to let the United States push him around.
But the patches were not pulled and the fledgling Winnipeg chapter was sent to find out why.
So they went to the farm in Elgin County and lived for two week with Kellestine's bizarre behaviour and "dark sense of humour."
Sandham said Kellestine had the others believing there would be blood.
He brought out guns, a warfare suit, dressed in camoflague and ordered the others around with military precision.
Once, sandham said, he was in the house playing Battleship on the computer, and went outside to hear the others talk about "murdering Chopper and Boxer and cut them into little pieces."
Mushey was particularly exicited about this, Sandham said. "He actually had goosebumps on his arm."
"Look at my arm, I've fantasized all my life about this," he said.
Sandham said he talked to Kellestine, who admitted he was "putting on a show for the new guys."
"No blood will be spilled on my property," he told the others.
Sandham portrayed himself as a pacifist, who didn't like guns. Once, while the rest wanted to shoot off shotguns in Kellestine's woodlot, a rabbit appeared after M.H. stepped on a log.
While the others wanted him to shoot it, he couldn't.
There were other surprises in Sandham's testimony:
- He was born in Ottawa and his parents are in British Columbia. He is married with two children, "but technically I have four."
- He started seminary training in college before joining the Canadian Armed Force. He worked in security, Corps of Commisionaires handing out parking tickets in Winnipeg, then trained to be a police officer.
- He said while he was tops in his firearms class at police training, "It's not I'm the greatest marksman in the world. There are techniques used.
- He said while he has a lot of triaining in some firearms, he has "no clue" how to take apart a shotgun and no experience with a .303.
Sandham is back in the witness box this afternoon.
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Helpless to stop the massacre, Bandidos defendant says
Wednesday, September 09, 2009
LONDON -- A co-defendant in the Bandidos murder trial insisted he was helpless to stop the massacre of eight of his Toronto-based colleagues on a farm in southwestern Ontario in April 2006.
"What was I supposed to do? I was in shock," testified Michael Sandham, who broke down several times during his first day of testimony in his own defence at the Ontario Superior Court trial. "I did not do anything. I just sucked it up and pretended I did not have a problem with it," the witness stated.
Mr. Sandham, 39, testified that Wayne Kellestine admitted to killing four of his Toronto colleagues that night, after maintaining he was just taking them outside to vehicles "to secure them" before driving the fellow bikers back home after stripping them of their Bandidos memberships.
Instead the bikers were shot and their bodies later stuffed into vehicles that were abandoned in a field about 20 kilometres from the farm owned by Mr. Kellestine.
Dwight Mushey killed three of the Bandidos, testified Mr. Sandham, who admitted to fatally shooting Toronto-member Luis "Chopper" Raposo, but said it was in self defence.
Mr. Sandham, Mr. Mushey, Mr. Kellestine, Frank Mather, Brett Gardiner and Marcello Aravena are on trial, each facing eight counts of first-degree murder.
The jury has heard that Mr. Sandham and four other Winnipeg Bandidos were summoned to the farm by Mr. Kellestine to assist in "pulling the patches" of their Toronto colleagues and strip them of their memberships.
The action was ordered by senior Bandidos in the United States because of an ongoing dispute with the Toronto chapter, which would leave Mr. Kellestine as the new president of the biker gang in Canada.
According to Mr. Sandham, there was discussion two days before the shootings about killing two of the Toronto bikers-Luis "Chopper" Raposo and John "Boxer" Muscedere. "Dwight Mushey was very excited about that. He had goosebumps. He said he dreamed about that all of his life," testified Mr. Sandham.
The witness stated that he convinced Mr. Mushey and a former Bandido turned police informant who can be identified only as M.H., that there should be no violence.
"I tried to talk sense into them," said Mr. Sandham, who added that he was assured by Mr. Kellestine that no one would be hurt and nothing more would happen than to pull the patches of the Toronto members.
When the Toronto Bandidos arrived at the farm, Mr. Sandham was hiding in the loft of its barn, armed with a shotgun, under orders from Mr. Kellestine. The witness said this was for "deterrence" and not because of any plan to kill the fellow bikers.
Inside the barn there was discussion by Mr. Raposo of his desire to kill Mr. Sandham, the witness stated.
"I thought I might have to shoot someone to get out of there," stated an emotional Mr. Sandham, clean shaven and dressed in a dark suit, attempting to appear more the former police officer than biker in the witness box.
There was confusion when M.H. and Dwight Mushey entered the barn, armed with rifles, said Mr. Sandham.
The two men along with Mr. Kellestine "drew down" and pointed their weapons at the Toronto Bandidos, said the witness.
"I popped up. I was concerned for people's safety. As soon as Chopper saw me, he pulls out his shotgun. I put out my hand and said stop. We are here to talk. But he starts grinning and shoots at me," said Mr. Sandham.
While he felt the "warmth of the gun" he was not injured because of a bullet proof vest he was wearing, said the witness. But as he "flinched" from the shots, his own rifle went off accidentally and the shot fatally wounded Mr. Raposo, said Mr. Sandham.
Mr. Kellestine was portrayed as an eccentric criminal who collected decrepit military paraphernalia, was involved in cigarette smuggling and who liked to shock people. "Wayne would do anything for a laugh," said Mr. Sandham as he spoke of an incident where Mr. Kellestine chewed on dried deer feces while they were out hunting.
The cross-examination of Mr. Sandham by lawyers for his co-defendants is expected to begin Thursday.
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Manitoban charged in biker slayings hoped to be informant
Thursday, September 10, 2009
A former Manitoba police officer charged with first-degree murder testified in Ontario Superior Court Thursday that he joined a notorious biker gang with the hopes of becoming a police informant.
In his second day of testimony at the Bandidos biker trial in London, Ont., Michael Sandham spoke up in his own defence.
Sandham is one of six alleged members of the Bandidos motorcycle gang accused of killing eight Bandidos members and associates from the Toronto area. All six have pleaded not guilty to eight counts of first-degree murder.
The mass killing, which the Crown alleges was an internal cleansing motivated by a dispute between the Winnipeg and Toronto chapters of the gang, is one of the worst in Ontario's history.
The bodies of eight men were discovered April 8, 2006, not far from the community of Shedden, Ont.
The victims were shot in the head execution-style and stuffed in various abandoned vehicles.
The six men charged with first-degree murder are:
* Wayne Kellestine, 59
* Michael Sandham, 39
* Dwight Mushey, 41
* Frank Mather, 35
* Brett Gardiner, 25
* Marcelo Aravena, 32
The shooting victims are:
* George Jessome, 52
* George Kriarakis, 28
* John Muscedere, 48
* Luis Raposo, 41
* Frank Salerno, 43
* Paul Sinopoli, 30
* Jamie Flanz, 37
* Michael Trotta, 31
Sandham testified Thursday that one of the six defendants on trial asked him to drive one of the vehicles away from the scene, but he refused —despite the suspicion it could have raised about his past as a police officer.
"There was no way I was getting in one of those vehicles," Sandham told the court.
70 witnesses in 2 months
Sandham spent much of his time in the witness box talking about his desires to infiltrate the highest ranks of the biker world. Police allege he was the leader of the Winnipeg chapter of the Bandidos.
Sandham said he figured if he could get deeply involved with the club, he could become a police agent.
Becoming a police informant would require getting arrested on a minor charge and then approaching investigators with the idea of becoming an informant, Sandham said. Since he was a former officer turned biker, he figured it would only be a matter of time before this happened, he said.
Thursday was just the second day of defence testimony in a trial that has already heard from more than 70 witnesses in two months.
One of the witnesses who has attracted the most attention is a former member of the Winnipeg-based Bandidos turned police informant. The witness, identified only as M.H. because he is now in a witness protection program, testified in July about a growing struggle between the Winnipeg and Toronto chapters.
M.H. testified that in the days prior to the killings, he, Sandham and two of the other defendants, fellow Winnipeg chapter members Dwight Mushey and Marcelo Aravena, travelled to a farm near Shedden to meet with defendant Wayne Kellestine. M.H. described Kellestine as a disgruntled member of the Toronto chapter who was sympathetic to the Winnipeg Bandidos' cause.
M.H. told the court that tension between the two chapters was growing around the time of the deaths because the Winnipeg members thought the Toronto Bandidos were trying to prevent them from becoming full-patch members of the gang.
On April 7, 2006, the night the killings allegedly took place, Kellestine had arranged a meeting at his farm between the Toronto Bandidos and the visiting Winnipeg members.
Sandham previously testified he overheard Kellestine, Mushey and M.H. talking about "murdering" two of the Toronto men and "cutting them up into little pieces." Sandham said he confronted Kellestine, who brushed it off as a joke.
Broke down crying
Sandham, who was also in the military for three years, broke down weeping on the stand Wednesday — for the first of what would be many times during his testimony — as he discussed his fear for his life on the night he and the others allegedly killed the victims.
"I started to think about my daughter," he said, noting earlier in testimony that he "technically" has four children, though he didn't elaborate.
"I thought I was going to get killed … that I might have to shoot somebody to get out of there."
When Sandham, Mushey and M.H. popped out of the places where they had been hiding, one of the Toronto men, Raposo, reached for a gun and despite Sandham's screams to stop, Raposo, "grinning," shot him, Sandham said.
Sandham was wearing a bulletproof vest, but when the shot hit him. he "flinched," causing his gun to go off and shoot Raposo, he said. M.H. then fired, which caused Kellestine to "flinch" and shoot as well, Sandham said.
Pool of blood
Raposo would die in a pool of blood on the barn floor. Then Kellestine, who Sandham called "a man to be feared," said the remaining seven men would be driven back to Toronto, more than two hours away, Sandham said.
"Everybody thought they were going home," he said.
Kellestine then began to lead the men out one by one. After three left and never returned, Sandham said he went outside because the sight of Raposo started to make him sick. That's when he saw Kellestine shoot one of the men, Frank Salerno.
"I was in shock," Sandham said. "I was just like: he's shooting everybody."
He considered shooting Kellestine, running away or phoning the police but did nothing, Sandham said, sniffling.
Then Mushey asked Kellestine to "do" the next two men, leaving only one — Flanz — Sandham said.
Kellestine told Sandham, "Me and Dwight want you to do Jamie," Sandham testified.
When he refused, Kellestine responded that he already killed four men and Mushey already killed two.
"If you don't like it, get in one of the cars, and I'll be right with you," Sandham recalled Kellestine telling him.
When Kellestine wasn't looking, Mushey shot Flanz for Sandham, saying, "You owe me one," Sandham testified.
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Ex-cop expected to return to stand in Bandidos trial
Thu, September 10, 2009
By JANE SIMS, LONDON FREE PRESS
Ex-cop Michael Sandham is expected to return to the witness box this morning for a second day of testimony in his own defence.
The Winnipeg man who was the president of the probationary chapter of the Bandidos motorcycle club began his dramatic testimony yesterday, offering up a distinctly different version than what the jury has already heard about what happened at Wayne Kellestine's farm on April 8, 2006.
Eight members of the Bandidos Toronto chapter, which also doubled as the national chapter, were found shot to death and stuffed in vehicles left abandoned 14 kilometres away from the farm on a rural Elgin County road near Shedden.
The jury has heard from the Crown's star witness M.H., another ex-Bandido biker tunred police informant who described Sandham as a controlling factor in the deaths.
But Sandham portrayed himself as an unwilling participant who never wanted guns or violence involved in the process of "pulling patches" and kicking the Toronto men out of the motorcycle club.
And he increased the participation of the rest of the accused — especially Kellestine and fellow Winnnipeg Bandido Dwight Mushey.
Several times yesterday, some of the other accused men rolled their eyes and shook their heads at what Sandham said.
Sandham said he was shocked when the order was given to he and Kellestine at a meeting in British Columbia from the American Bandidos to kill two high ranking Toronto bikers — Bandidos Canada president John (Boxer) Muscedere and Toronto chapter president Frank (Bam Bam) Salerno.
In exchange, Kellestine would be the national president of the club.
Kellestine promised Sandham quietly that he would not let the Americans "dictate to him."
But the Winnipegers went to Kellestine's farm weeks later to find out why the order had not been completed.
There, Sandham said they saw Kellestine's "dark sense of humour" and bizarre behaviour as he marched around in camoflague, gave out military-like orders, showed off by eating deer feces and talked of death and murder.
Sandham said he thought it was a joke and Kellestine told him he was "putting on a show."
But the others in his group, he said were more enthusiastic about the the prospect of shooting, espeically Mushey, he said. Sandham said he wasn't brave enough to shoot a rabbit in the woods when they were all out shooting.
The night of "church" when the bikers were to be assembled, there were guns already assembled and the Winnipeg Bandidos put on rubber gloves Sandham had in his "mobile" tattoo kit — a gym bag.
Sandham said he hid in the barn with an unloaded .303. He realized it was a mistake when he heard the Toronto Bandidos talk of killing him.
He said his gun "accidently" went off after Kellestine, Mushey, and MH stormed the barn with guns drawn. The Toronto men also had guns out.
Sandham said he jumped out of his hiding place, and yelled for everyone "put the guns down. We're here to talk."
Luis (Chopper) Raposo saw him, and aimed. Sandham had quickly loaded his gun and had it sitting on a ledge pointed at Raposo.
Raposo's shot hit Sandham in the chest on his bullet-proof vest. He said he flinched and his gun went off killing Raposo.
Kellestine took his gun, he said, and he never had a gun again for the rest of the night.
What he saw, he said frightened and disturbed him. He said the Toronto men were promised a ride home. Instead he saw or heard some of them being shot.
The rest of the men guarded the others, armed with guns.
Kellestine killed most of five of them , he said. Mushey volunteered to kill two more, he said.
Sandham said he was ordered to kill Jamie Flanz, but couldn't. Mushey finished the job.
Sandham left off yesterday telling the jury he did not tell Frank Mather there was a jerry can of gas for the empty tank in Flanz's SUV because he wasn't going to follow any of Kellestine's orders.
He still has to discuss the dumping of the bodies, the trip back to Winnipeg and the series of emails with senior level Bandidos.
Court opens at 10 a.m.
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Orders to kill the top Canadian Bandido bikers came from the top, accused ex-cop testifies
Thu, September 10, 2009
By JANE SIMS AND KATE DUBINSKI
The orders to kill the top Canadian Bandido biker brass came from the top ranking Bandido in the world, an ex-cop and former Bandido on trial testified this morning.
Michael Sandham, 39, testified that during a meeting on Canada-U.S. border with American Bandidos, the world sergeant-at-arms said El Presidente Jeff Pike, based in Texas wanted Bandidos Canada president John (Boxer) Muscedere and Toronto chapter president Frank (Bam Bam) Salerno killed.
That bombshell came during his second day of his testimony in defence of eight charges of first degree murder.
Sandham, and five others are on trial for the shooting deaths of eight Toronto-area Bandido bikers on April 8, 2006 near Shedden.
The sergeant-at-arms, known as Mongo told Sandham and Wayne Kellestine "we don't want to tell you what to do, but we want you to kill Boxer and Bam Bam.'
Sandham, who is charged with eight counts of first degree murder with five others including Kellestine, said he was "quite surprised."
Kellestine agreed to the order, Sandham said, and Mongo said he would take the message back to El Presidente.
Sandham said he was at the meeting to try re-establish communication lines with the Americans, who had ordered a couple months earlier that the Canadian Bandido operation was finished. He was there to be"bridging that gap and putting us back on the right track."
He had gone to Vancouver to meet Dave (Concrete Dave) Weiche, a Toronto Bandido originally from the London area who was living in B.C.
Weiche, sandham said, had been busted down to prospect status because he was communicating with the Americans. Sandham said Weiche was very critical of the Toronto chapter and wanted them removed from offices.
Sandham said Weiche suggested "a coup d'etat."
"I didn't know what that meant. It was making me uncomfotable."
He called Kellestine to come to Vancouver and a meeting was arranged with the Americans.
By the end of it, Sandham said, Kellestine had his orders and was also national president.
At a lunch after, Weiche declared himself vice-president, Sandham said.
Kellestine told sandham later he wasn't going to let the Americans "dictate" to him. He intended to pull Muscedere's patch only, without violence.
The order to go to Ontario, Sandham said, came from Weiche, who told Sandham to go to Toronto, follow the original order and don't tell Kellestine.
The order, sandham said, originated in the States.
Sandham said he liked Kellestine's idea better and decided he and the Winnipeg BAndidos would go to Kellestine's farm, tell him the Americans were upset and help him pull Muscedere's patch.
There was extra pressure to go because two Toronto bikers were on their way to Winnipeg and Sandham said he didn't know what they wanted.
Sandham said he joined the Bandidos with an eye to becoming a police agent.
"I got an idea in my head to infiltrate outlaw motorcycle clubs," he said during his testimony at the Bandido trial this morning.
Sandham said he thought it would be "a matter of time" once he got inside a motorcycle club that the police would come to him, citing his previous experience as a police officer.
He started e-mailing the Toronto club, specifically Frank (Cisco) Lenti, about signing on with the Bandidos.
"That's basically how it all started," Sandham said.
He told the jury he researched the Bandidos, reading books by biker expert Yves Lavigne — Into the Abyss and Taking Care of Business.
However, he had no bites from the police forces.
Sandham also testified to the aftermath of the killings and how he reluctantly took part in the parade of vehicles stuffed with bodies that were abandoned on a rural road near Shedden.
Sandham refused to drive any car with a body in it, but said he drove his own truck to pick up the others.
He said he considered driving to the Dutton OPP but was concerned for his family back in Winnipeg.
Sandham said he was crying and pounding the steering wheel while following the vehicles.
He maintained he was frightened and shocked by what had happened.
When Sandham said he was "thinking I should run for it" but was concerned about his family, a man's voice in the public gallery piped up.
"You didn't think about mine," the unidentified voice said.
Sandham also described the trip back to Winnipeg with three of the bikers and their stops along the way.
He said they all decided to keep their stories straight and went home.
The next day, Sandham said he got his car cleaned because it was filthy after four large men had taken the cross-province trek and eaten in his GMC Jimmy.
The trial continues tomorrow.
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The orders to kill Bandido bikers came from "El Presidente."
Fri, September 11, 2009
By JANE SIMS
Ex-cop Michael Sandham, on trial for eight counts of first-degree murder, testified yesterday that Jeff Pike, the world president or "El Presidente" of the Bandido motorcycle club, told him first-hand in a Houston, Tex., biker bar he had ordered the killing of Canadian Bandido biker brass.
That bombshell came during the second day of Sandham's testimony at the Bandido murder trial, where he continued to minimize his involvement in the shootings of eight Toronto-area bikers and proclaim shock and fear over the deaths.
While American involvement has been pointed out during the trial, Sandham's testimony was the first time Pike has been directly linked in testimony to the shooting of the eight bikers on April 8, 2006 at Wayne Kellestine's Southwestern Ontario farm.
The face-to-face meeting with Pike was almost two months after the killings and when Sandham, 39, portrayed during the trial as the president of the Winnipeg Bandidos, travelled to Houston to meet the head bikers.
Sandham testified he first heard Pike's order during a meeting at the Canada-U.S. border, in Peace Arch Park at White Rock, B.C. with American Bandidos in the weeks before the shootings, from the Bandidos World sergeant-at-arms named "Mongo".
Mongo told Sandham and Kellestine "'we don't want to tell you what to do, but this is what you're going to do. We want to you to kill Boxer (Bandidos Canada president John Muscedere) and Bam Bam (Toronto chapter president Frank Salerno),'" Sandham testified.
There had been growing tensions between the Americans and the Canadian chapters. In December 2005, the Americans declared the Canadian operations finished.
Sandham said he was at the meeting on the invitation of Dave (Concrete Dave) Weiche, a Toronto Bandido originally from the London area living in Vancouver. Sandham said in his mind he was "bridging that gap and putting us back on the right track" with the Americans.
But when he got to Vancouver, Weiche, who had been busted down to prospect status by the Toronto chapter for communicating with Washington state Bandidos, suggested "a coup d'etat" to get rid of the Canadian biker executives.
"I didn't know what that meant. It was making me uncomfortable," Sandham said.
Sandham said he called Kellestine because he was a senior officer in the club and a meeting was arranged with the Americans at the park.
By the end of it, Sandham said, Kellestine had agreed to the kill orders and was also named national president. Mongo said he would take the message back to El Presidente.
Weiche later declared himself vice-president, Sandham said.
Kellestine told Sandham later he wasn't going to let the Americans "dictate" to him and intended only to pull Muscedere's patch, without violence.
A few weeks after the meeting, Sandham said Weiche told him and the Winnipeg bikers to go to Muscedere's house in Toronto, follow the original order to kill him -- and not to tell Kellestine.
Sandham said he liked Kellestine's idea better and decided they would go to Kellestine's farm, in Elgin County, tell him the Americans were upset and help him pull Muscedere's patch, or club membership.
There was extra pressure to go, he said, because he knew two Toronto bikers were on their way to Winnipeg. He said he later found out they had orders from Muscedere to kill him.
After two weeks at the farm, and much to his horror, the eight men were shot to death. He reluctantly took part in disposing of the bodies and said he considered going to the Dutton OPP for help.
When Sandham said he was "thinking I should run for it" but was concerned about his family, a man's voice in the public gallery of the courtroom piped up.
"You didn't think about mine," the unidentified voice said.
Back in Winnipeg, Sandham said he knew he was under police watch but never went to the police with his story.
"I wanted to make sure everyone paid for what they did," he said.
He decided to "set up an illusion" he was "a somebody" in the Canadian Bandido world to get an invitation to the U.S. by the international Bandido leaders, through e-mails.
Once invited, he rode his motorcycle to Houston and was taken to a Bandido bar. He was strip-searched in the washroom by bikers known as Bandido Pervert and Scary Larry.
And Pike met him.
Sandham said he lied to Pike, telling him he had left Kellestine's farm before the killings. He told Pike bikers were sent to Winnipeg to kill him.
Sandham testified Pike said, "Orders are orders." Pike added that if he told a biker to urinate in the corner, "he better p--- in the corner."
Then Pike told Sandham he gave the original kill order for the top Canadian bikers, Sandham testified.
The meeting had gone well but the next day when he was supposed to meet them again, they never called.
The following day, Bandido Pervert contacted Sandham and said Ontario police had told him Sandham had been a police officer. The bikers would be checking.
"I got out of there. I thought someone was going to kill me."
A few days later, Sandham was arrested in Winnipeg.
Sandham told the jury he had joined the Bandidos with an eye to becoming a police agent and "to infiltrate outlaw motorcycle clubs."
Sandham said he thought it would only be "a matter of time" before the police would come to him, because he had been a police officer.
However, he had no bites from the police forces.
The trial continues today.
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More testimony from ex-cop, Bandidos member Michael Sandham
Fri, September 11, 2009
By JANE SIMS, LONDON FREE PRESS
It's day three in the witness box for ex-cop Michael Sandham and the first full day of cross-examination of him at the Bandido trial.
Yesterday, Frank Mather's lawyer, Robert Lockhart, began his questioning of Sandham after the former president of the probationary Manitoba Bandidos chapter finished his version of what happened at Wayne Kellestine's farm in Elgin County on April 8, 2006.
All five defence lawyers and the Crown will have a chance to cross-examine Sandham.
Sandham is one of six men on trial for eight counts of first degree murder in the shooting deaths of eight Toronto-area Bandidos bikers and the first to offer a defence.
And his story has been markedly different from what the jury has heard in the trial — particularly from the Crown's star witness, a former Winnipeg Bandido identified as M.H.
Sandham has told the jury he was concerned about the ordered "patch pulling" of the Toronto Bandidos that led up to the night of violence and he was shocked, scared and appalled by what happened the night the men were killed.
He said he shot Luis (Chopper) Raposo "accidentally" by flinching when a shot from Raposo's gun hit his bullet-proof vest. The flinch triggered a shot from the .303 rifle he had with him in the loft in Kellestine's barn.
He testified he never had a gun for the rest of the night — but said the others did. Kellestine and accused Dwight Mushey used theirs to kill, he said.
Sandham's account placed all the accused men in the barn with weapons. He said he would not kill victim Jamie Flanz when Kellestine ordered him too and Mushey stepped in to do the work.
He said he could not run or get help.
Sandham also levelled blame on a Toronto Bandido living in Vancouver, David (Concrete Dave) Weich, who is originally from the London area.
Sandham said Weiche orchestrated a meeting with the American Bandidos where an order was given to kill Bandidos Canada president John (Boxer) Muscedere and Toronto chapter president Frank (Bam Bam) Salerno.
And Sandham implicated the highest levels of Bandidos, testifying yesterday that "El Presidente," American Jeff Pike, the world leader of the motorcycle club, personally gave the original kill order.
Sandham, who was born in Ottawa and began his education in seminary school, eventually became a police officer with the East St. Paul police department near Winnipeg.
He has extensive training in firearms use, but told the jury he wasn't trained on some guns, including a .303 rifle.
He told the jury that he joined the Bandidos with an eye to infiltrating outlaw motorcycle clubs and becoming a police agent.
Sandham said he never went to the police with his version, but instead arranged a meeting with top Bandidos brass in Houston because he wanted to take down everyone involved in the original orders.
Court opens at 10 a.m.
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Ex-cop testifies he learned how to be a 1% biker on the Internet
Fri, September 11, 2009
By JANE SIMS AND KATE DUBINSKI
Ex-cop Michael Sandham swore he didn't want a deal when he gave his police statement — but he had hope.
Sandham, 39, one of six men on trial for eight counts of first degree murder, gave a six-hour police statement to the OPP six months after he was arrested in Winnipeg.
Before the statement, the interrogating officer reviewed a letter from his lawyer outlining his demands in exchange for his statement.
The letter said Sandham wanted all charges dropped, witness protection for him and his family or he was willing to go back undercover or go back into the military under a different name.
Sandham testified he was "surprised" the information was in the letter because he assumed the demands were private conversations between he and his lawyer.
Defence lawyer Christopher Hicks, who is cross-examining Sandham, reminded him he was given an opportunity to read the letter before it was given the police.
"I didn't read the letter," Sandham said.
This morning, Sandham said he made the six-hour statement on Dec. 29, 2006 "to do the right thing."
He was not looking for a deal, he insisted, but hoped after a full investigation of his story he would have options.
It was a confusing morning at the Bandido trial where Sandham entered his third day in the witness box.
Sandham has downplayed his involvement in the shooting of eight Toronto-area Bandidos and pointed the finger at his co-accused, the Crown's star witness and Bandidos south of the Canadian border.
But at times, the exchanges were perplexing.
Sandham was having trouble explaining whether the Manitoba bikers were a chapter or not.
Sandham, told Hicks he was not the president of a probationary Bandido chapter in Winnipeg as the jury has heard — he was just "acting" like one.
In a confusing exchange, Sandham said there really wasn't a probationary Bandido chapter in Manitoba because there weren't the required six probationary members.
No probationary charter status was ever issued by the sponsoring Toronto executive, he said.
And as a probationary member, Sandham said he didn't have any influence anyway.
But, he said, the Bandidos in Winnipeg decided they would act like a chapter anyway and he would be president.
The meetings he said, "were pretty loose" where they all got together and chatted.
"It sounds like a garden club," Hicks said.
Sandham said he didn't know how to be a 1% biker except from what he read on the Internet.
"So you just Googled 1%er?" Hicks asked.
"There's a lot of information there," Sandham said with a knowing nod.
Sandham said he flew out to Vancouver in the weeks before the shootings to salvage the Canadian Bandidos who were ordered to cease operations by the Americans in December 2005.
He went there on an invitation from Dave (Concrete Dave) Weiche, a Toronto Bandido originally from the London area who had been busted down to prospect member for communicating with the Americans in Washington State.
Weiche wanted an ally, he said.
Sandham said Weiche told the Americans that Sandham was the president of the probationary chapter in Winnipeg. "He basically threatened me to back up his story," he testified.
He disagreed with Hicks that he was "magically transformed" into a president in Winnipeg after the Vancouver meeting.
He said there was no conflict about money with the Toronto chapter before December, 2005 when the Americans ordered the Canadian operation finished.
The jury also heard that Sandham made three statements to police after his arrest. In his first after police picked him up, he said "I wasn't there" 223 times.
He made another statement to the OPP on Dec. 29, 2006 and again after the preliminary hearing.
There were signs of the stress between the legal teams in the courtroom.
Sandham's lawyer Donald Crawford stood to argue a legal point without the jury during Hicks' cross-examination.
Before the jury was out of the room, Hicks gave a page reference to the police statement.
"I don't need your help, Mr. Hicks," Crawford said.
"Oh yeah, you do," Hicks replied.
"Professional courtesy please," Superior Court Justice Thomas Heeney instructed.
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Cop-turned-biker claims he served as guard for princess who died in 1974
Tue, September 15, 2009
Ex-cop Michael Sandham boasted he guarded "Princess Patricia," a 50-something woman who would come inspect the Princess Patricia's Canadian Light Infantry when he was a member.
This morning, he was surprised to find out Princess Patricia died in 1974.
"I think you are thinking of a different Princess Patricia," Sandham — with a perplexed look on his face — said to defence lawyer moment Michael Moon.
"You're catching me a little off-guard. I'm going to have to do some checking."
It was another bizarre moment at the Bandidos trial with Sandham, one of six accused, back in the witness box and working hard to avoid straightforward answers to questions from laywers.
Moon produced a document already an exhibit at the trial that boasted Sandham's unique experiences to bolster his new security company.
Sandham had said he was a VIP-protection specialist and had guarded generals, other high-ranking military staff and former Prime Minister Brian Mulroney.
And Princess Patricia.
Sandham said he was told the 'princess' he guarded — as secondary protection, he noted — was not from Great Britain.
The resume also boasted of tours of duty that never happened, particularly to Bosnia.
He also claimed to have been part of the now-defunct Airborne Regiment, but admitted in court, he got pneumonia before he could join up.
The bombshells kept going off during the cross-examination.
Sandham's police background also came under scrutiny.
He was a police officer for only two years before he abruptly resigned from the East St. Paul, Man., police force.
The reasons were confidential, he wrote in his resignation letter. This morning, there was some insight into why he left.
Two months before leaving the force, in August, 2002, Sandham was seen at the funeral of an Outlaw motorcycle club member in Sault Ste. Marie, Ont.
Sandham was an auxiliary police officer in Ste. Anne's, Man., for a year, before joining East St. Paul as a full constable in 2000.
He left and joined Prairie Bylaw Enforcement in 2002.
Moon suggested Sandham's "status was revoked."
He read from Sandham's letter of resignation, dated Oct. 15, 2002, where he wrote the reasons were to be confidential between he and the police chief.
Moon suggested it was because of Sandham's previous involvement with outlaw motorcycle clubs.
He asked him point-blank about attending the Outlaw funeral.
"Your police administration took some issue with that, didn't they?" Moon asked.
"Some people took issue, some people didn't," Sandham replied.
Sandham said there were "other issues I don't want to go into," and suggested there were ongoing investigations into the now-defunct police force.
He said he didn't want to "jeopardize them."
"There were a lot of issues I had, sir, with the the East St. Paul police," he said.
Moon asked the jury to be sent out for a morning break to discuss legal issues.
When they returned, Moon produced a photograph of Sandham with Outlaws in Sault Ste. Marie.
Then he asked Sandham if he was facing disciplinary action after the funeral.
Sandham said he was, but resigned before there was a hearing.
Sandham admitted he told the chief of police he was going to a funeral of a relative in Vancouver and he was the executor of the will.
Sandham said he didn't know the Outlaw who died in Ontario, but went as "a friend of a friend."
"You must have known that going to the funeral was a bad thing?" Moon asked.
"I wasn't doing it for bad reasons," he said.
Sandham also admitted he was questioned in July 2007 by the FBI about American Bandidos connections to the Canadian shootings.
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Sandham denies motivation to kill
Wed, September 16, 2009
The ex-cop is challenged on boasts about his experience in security
By JANE SIMS
Ex-cop Michael Sandham has portrayed himself as an unwilling dupe in a quickly cobbled-together plot to kill eight Bandidos.
But yesterday, on his fifth day in the witness box, it was suggested he was the one with the motivation to kill.
"What are they going to do when they find out you're a cop?" asked defence lawyer Michael Moon, who is cross-examining Sandham, 39. "You're a dead man. You're going to kill them over self-preservation."
Sandham's eyes reddened for a moment. "You're wrong about that, sir," he said,
Moon noted Sandham got over the crying "pretty fast."
The day was spent catching Sandham, on trial with five others of eight counts of first-degree murder, in a number of fictions from his time as a police officer until his arrest on eight counts of first-degree murder.
Eight Toronto Bandidos were found shot to death April 8, 2006, their bodies stuffed in vehicles along a rural Elgin County road. The jury has heard they were shot at Wayne Kellestine's farm 14 kilometres away during a "patch pulling" to kick them out of the worldwide motorcycle club.
Moon hammered home all day that Sandham, who the jury has heard was president of the fledgling Winnipeg chapter, was more than willing to advance himself by lying and creating elaborate stories to get his way.
Sandham tried to sidestep many of the questions.
Sandham had been a police officer in East St. Paul, outside Winnipeg, from 2000 to 2002.
A newspaper article, Moon suggested, outed Sandham as a former cop now inside the Bandidos and that the Toronto chapter had discovered his secret.
Moon constructed a theory that had Sandham killing Bandidos Canada president John Muscedere and Luis (Chopper) Raposo before two Bandidos sent to Winnipeg killed him.
Moon said Sandham had allowed himself to be "bait" for the Toronto bikers once he was at Kellestine's Elgin County farm and was with Kellestine at a pay phone in Dutton to make a phone call and set up the meeting.
"For what? A patch on someone's back? I don't think so, sir," Sandham said.
The testimony also had its bizarre moments.
Sandham, a former member of the Canadian Armed Forces who served with the Princess Patricia's Canadian Light Infantry, boasted in a brochure he wrote for his security services and training he had guarded "Princess Patricia."
In the witness box, he was surprised to find out Princess Patricia died in 1974.
"I think you are thinking of a different Princess Patricia," Sandham -- with a perplexed look on his face -- said to Moon.
Sandham said he helped guard -- as secondary protection -- a 50-something woman who wore a full uniform and would inspect the troops and was not from Britain.
"You're catching me a little off-guard. I'm going to have to do some checking," he said.
The brochure said Sandham was a VIP-protection specialist and had guarded generals and former prime minister Brian Mulroney. He admitted there was "some padding" in his credentials.
The resume also boasted of tours of duty that never happened, one particularly to Bosnia.
Moon said Sandham has "a mindset, an ability to create fictions to advance your own cause." After a brief pause, Sandham agreed.
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Wed, September 16, 2009
Bandidos jury sees video of accused Sandham
Michael Sandham told a police officer he wasn't at Wayne Kellestine's farm when eight men were shot to death.
"I wasn't there," he said in a police interview played for the jury at the Bandido trial this morning and recorded the day after he was arrested in Winnipeg in June, 2006 for eight counts of first-degree murder.
OPP Det. Sgt Michael Bickerton showed him a photo of he and other accused at the London airport.
"I wasn't there," Sandham, 39, said.
The officer told him they had numerous tire impressions that matched the tires that had been on Sandham's red GMC Jimmy.
"I wasn't there," Sandham said.
Bickerton said the police had watched him change his tires in Selkirk, Man., then dispose of the old ones by rolling them into a ditch.
"I wasn't there," he said impatiently.
He was told there was a police agent at the farm who identified Sandham.
"I wasn't there," he said.
Sandham was told police had video surveillance of him at the Wal-Mart in Barrie.
"I wasn't there. I don't even know where Barrie is," he said.
Sandham is on trial with five other men in the deaths of eight Toronto-area Bandidos on April 8, 2006.
The jury is seeing the video during Sandham's cross-examination by defence lawyer Michael Moon.
Sandham, an ex- cop turned biker, is in his sixth day in the witness box and has been engaged in a verbal sparring match with Moon since Friday.
There were more exchanges today, with Sandham unable to give a straight answer to many of Moon's inquiries.
Among this morning's Sandham revelations are:
- Accused Dwight Mushey said shampoo was good for removing gunshot residue, but Sandham wasn't concerned because he shot Luis (Chopper) Raposo by accident and in self-defence.
- He was in the Dutton phone booth with Wayne Kellestine when they lured the bikers to the farm but didn't agree he was being used as "bait" to convince the men to come to "church."
- As a former police officer, Sandham reluctantly agreed he was most familiar with the .380 handgun and previously testified he could take apart a service sidearm blindfolded.
- He agreed the Toronto Bandidos had likely figured out he had been a police officer but still believed he could act as a peacemaker. Moon referred to Sandham as "the why-can't-we-all-just-get-along guy."
- Sandham disagreed he was tying to "ambush" the Toronto bikers by positioning himself in the barn loft, but said he was only "hiding" on Kellestine's orders.
- Sandham who said he was in the loft with the 303 rifle, said he had no idea whether there was a bullet in the chamber, and didn’t recall loading it a second time after he shot Raposo.
- Moon referred to the shot as "an almost Kennedy-like" shooting of Raposo's finger, despite evidence Sandham was a trained marksman.
- Sandham said he felt ill most of the night and "I couldn't even look" at Raposo afer he had been shot.
The video was introduced to the jury later in the morning.
From the moment he was arrested he denied being at the farm the night of the shootings. The jury has heard he kept up the mantra, repeating his denial 223 times.
Sandham told Bickerton he was home raking dirt at his house. He said he wasn't a member of the Bandidos and he wasn’t known as Taz.
"I told you I can't be in two places at once," Sandham insisted to Bickerton.
When speaking of the tire switch, Bickerton said it was peculiar to roll old ones into a ditch instead of letting Wal-Mart take them.
"They didn't offer," Sandham said to the officer.
In testimony, Sandham said he was lying to protect his wife — who was in custody on a charge of accessory after the fact for her role in the tire disposal — and children.
He told Moon he was convinced if he gave up any information about the Shedden shooting his wife would be formally charged and his children taken into care.
He said he didn't trust what Bickerton was telling him. "Police officers lie all the time," Sandham said. "I couldn't take him for his word."
"You have to imagine what was going through my head," he told Moon.
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Accused biker sticks to story under questions from Powell
Thu, September 17, 2009
By JANE SIMS, LONDON FREE PRESS
'I wasn't there,' Bandidos suspect says Twitter Cop-turned-biker denies, denies, denies Sandham denies motivation to kill Cop-turned-biker claims he served as guard for princess who died in 1974
Ex-cop and former Bandido Michael Sandham has testified he wants to bring everyone to justice involved in the killing of eight bikers near Shedden.
Defence lawyer Clay Powell suggested Sandham's motives in the weeks before and after the bodies were found near Shedden were not so noble.
"'I have survived the massacre and I, Michael Sandham, will become King Bandido in Canada,' — that was your plan from the start," Powell who represents accused Wayne Kellestine during a blistering cross-examination.
"You started it, raised the flag and said 'Here I am.'"
Sandham, in his seventh day in the witness box, disagreed with Powell's assessment, sticking to his version that he was more of a bystander than a participant in the shootings.
Powell didn't buy it and pointed out the holes in Sandham's explanation.
He couldn't understand why Sandham, a former member of the Canadian Armed Forces, and member of the East St.Paul police department and professed to wanting to be a police informant, couldn't bring himself to go to the police about what happened at Kellestine's farm on April 8, 2006.
Powell pointed to times when Sandham could have gone to the police weeks earlier after the meeting at Peace Arch Park in British Columbia when Sandham said there was an order given to Kellestine from the American world headquarters to kill John (Boxer) Muscedere and Luis (Chopper) Raposo.
Sandham said he had assurances from Kellestine he was not going to carry out the order.
And he said he had heard bikers talking about killing people before.
There were other times he could have easily gone to the police, Powell noted, particularly when two officers came to his house after the shootings to ask him questions.
Sandham said he thought he left "a big hint" that he might be willing to talk.
After the shootings, Sandham travelled to Houston to meet El Presidente Jeff Pike, the world leader of the Bandidos, he said, to confirm Pike gave the kill order.
Sandham said he told Pike he wasn't there when the men died because he was afraid he was walking into "a trap.”
"You're the only one in this whole shooting match to tell the truth," Powell quipped.
"You had no more intention to go to the police than fly to the moon."
His biggest chance, Powell said, was during the police interview after Sandham's arrest where OPP Det. Sgt Michael Bickerton "gave you every opportunity" to tell what happened.
Instead, Sandham said he wasn't at Kellestine's farm more than 200 times because he was afraid the police would charge his wife.
Powell's initial attack on Sandham's credibility came by way of a Winnipeg Sun newspaper article on Sept. 20, 2005.
Sandham has told the jury the Winnipeg Bandidos didn't know he had been a police officer and had swallowed his lie that he had only been an auxilliary constable at a small, rural police force.
Powell referred to the story about the arrival of the Bandidos in Winnipeg and the surpise twist that the president was Sandham who "was an East St. Paul police officer."
"Were these guys stupid?" asked Powell referring to the other Bandidos in the Manitoba club.
He denied that his resignation from the police force was because he had attended an Outlaw motorcycle club funeral.
Powell went through the other jobs he had — security and private investigation before he was a police officer, then tattooing, a gravel pit, home renovations and auto disassembling after being a police officer.
But he wanted to become a police informant, he said by infiltrating outlaw motorcycle clubs. He chose the Bandidos after researching 1%er clubs and began to communicate with them by e-mail.
None of the original people trying to start the Bandidos in Winnipeg were among those charged in the deaths of eight Toronto-area Bandido bikers on April 8, 2006, he said.
Powell went over the events before April 8, 2006, remarking that Sandham "and his group of thugs" headed to Ontario to carry out the orders given to him by the Americans and Canadian Bandido Dave Weiche.
Powell said the "patch pulling" could have gone peacefully had Sandham not shot Raposo.
Sandham said it was self defence, but it was up to the jury to decide.
"That's too bad for you," Powell said.
And he questioned how Sandham could have been walking around Kellestine's farm without a gun while men were being killed all around him.
He suggested Sandham was terrified the Toronto Bandidos had discovered he had been a police officer and knew they had sent two men to Manitoba to kill him.
And when the dust settled at Kellestine's farm, all the men who knew his secret were dead.
"It all adds up — eight dead and you and your happy band of thugs drive back," Powell said.
Sandham disagreed, saying there were other Bandidos who knew he had been a police officer.
Then why not go to the police, Powell asked.
"That's not what happened, sir," Sandham said repeating he wanted to get the confirmation from the top of the Bandidos.
"I don't know what difference it makes," Powell said.
"It makes all the difference, sir," Sandham said.
Powell didn't buy it.
"I put it to you that you had a weapon and killed more people than Chopper that night,” he said.
Sandham disagreed.
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Ex-cop's undercover claims questioned
Fri, September 18, 2009
Michael Sandham testifies he was a bystander and a peacemaker when eight Toronto bikers were killed
By JANE SIMS
When ex-cop Michael Sandham was supposed to be serving and protecting, he was hanging out at a biker clubhouse.
His boss, the police chief in East St. Paul, Man., thought his constable, now one of six men on trial for eight counts of first-degree murder, was at a relative's funeral in Vancouver when he was at an Outlaw motorcycle club member's funeral in Sault Ste. Marie.
When Sandham returned to work and immediately asked for sick leave, the chief didn't know his officer was heading to Woodstock to live at the Outlaw clubhouse for a week.
Sandham's attraction to biker clubs as far back as 2002 came under attack yesterday at the Bandidos trial.
Sandham has insisted he was a peacemaker and bystander when the eight Toronto-area Bandidos were shot to death in Elgin County on April 8, 2006.
The revelations about his involvement with the Outlaws came out during cross-examination by assistant Crown attorney Tim Zuber.
Sandham has testified he joined the Bandidos to infiltrate them and eventually become a police agent.
The jury saw Sandham on police surveillance video at the biker funeral with a group of full-patch Outlaws. Sandham said he contacted the Outlaws because he knew a couple of people in Winnipeg were trying to join. He said he was invited to the funeral.
Sandham said he knew there was police surveillance at the funeral and was planning to tell his employer he had been there.
What Sandham didn't know was the Outlaws were the focus of a large police project.
Police quickly found out Sandham was a police officer and informed East St. Paul, where Police Act charges were initiated.
Sandham resigned before there was a hearing. He told Zuber the charges were because he lied to his chief.
Zuber said Sandham had burned bridges with the Outlaws and the police. Any idea of being a police agent made no sense because he couldn't be trusted, he said.
Zuber wanted to know what evidence Sandham collected while inside the Bandidos and without police support. There was none, he said, because "I wanted to get as deep as possible."
Zuber said he couldn't have gotten much deeper than at a meeting where Sandham said he heard American bikers order the killing of two high-ranking Toronto Bandidos.
Sandham faced a blistering cross-examination from defence lawyer Clay Powell, who represents Wayne Kellestine.
Powell questioned Sandham's motives for travelling to Texas and meeting the highest-ranking bikers in the organization.
Powell suggested Sandham was terrified the Toronto Bandidos had discovered he had been a police officer and knew they had sent two men to Manitoba to kill him.
When the dust settled at Kellestine's farm, all the men who knew his secret were dead
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Lawyer tries to portray cop-turned-biker as full of ambition
Disputes Sandham's picture of himself
Fri, September 18, 2009
By JANE SIMS, LONDON FREE PRESS
They were orders, the Crown says, and ex-cop and Bandido Michael Sandham was determined to follow them.
Kill Boxer. Kill Bam Bam. Do something or the Americans will come to Canada and find out why.
Sandham denied the Crown's proposition this morning that his blind ambition to lead a Bandidos chapter was more important than anything else in his life.
Assistant Crown Tim Zuber in cross-examination, methodically took Sandham, 39, through each step of events from June 2005 to the shooting deaths of the eight biker brothers at Wayne Kellestine's farm on April 8, 2006.
It's Sandham's eighth day in the witness box, where he has portrayed himself as a peacemaker and bystander in the conflict between the Toronto bikers and the American mother chapter based in Texas.
In doing so, he has implicated virtually everyone but himself in the shootings.
Sandham has denied he was president of the Manitoba probationary chapter. He has denied there was a probationary chapter at all.
Zuber began the morning returning to a video shot at Kellestine's farm at a party Sandham attended, where the air is full of goodwill and biker brotherly love.
But Zuber suggested as the autumn came, Sandham was frustrated that the Toronto bikers, specifically Luis (Chopper) Raposo, who was against expanding the club beyond the Toronto chapter. And only the national chapter that was made up by the Toronto members could approve expansion.
Kellestine envisioned a club that spanned the country and Sandham agreed Kellestine spoke to him about creating a London chapter as well as a Winnipeg crew.
Kellestine was also being frozen out by his Toronto brothers and was upset about their drug use, Sandham said.
By December, the American world chapter pulled the plug on Canadian operations. Zuber suggested that frustrated the ambitious Sandham.
Sandham spoke to Kellestine after Kellestine went to a meeting with the Toronto No Surrender Crew. They were considering burning their Bandidos patches and hooking up with the Outlaws.
The jury has heard Sandham burned his bridges with the Outlaws in 2002 when he tried to join up while still serving as a police officer in Manitoba.
He would also not be able to join the Hells Angels who had a stronghold of Winnipeg.
"You've come to the end of your rope. Through the actions of others you are done," Zuber suggested.
Sandham denied entering a pact with Kellestine to eliminate the Toronto crew and contact the Americans to promote the Manitoba chapter and expansion.
But Zuber pointed out a long list of phone calls made by Sandham to Kellestine in late December, 2005 and January 2006. They totalled six-and-a-half hours.
Sandham maintained he was following direction from Kellestine, the national sergeant-at-arms, by going to British Columbia and meeting with David (Concrete Dave) Weiche, a Toronto Bandido busted down to prospect status.
That led to the meeting with the Americans at Peace Arch Park. Both Sandham and Kellestine were there.
Sandham said Kellestine was given the order to kill Bandidos Canada president John (Boxer) Muscedere and Toronto chapter president Frank (Bam Bam) Salerno.
Zuber said Manitoba would have its coveted chapter status with Sandham at the helm — what he had always desired.
Sandham said that Kellestine told him he wasn't going to let the States "dictate" to him and he was only going to take Muscedere's patch.
Zuber pointed out the Toronto Bandidos had support from overseas brothers. Sandham denied the No Surrender Crew knew he had been in contact with the Americans.
A couple weeks later, Sandham said he received a calls from Weiche ordering him go to Ontario and kill Muscedere. Sandham said he called Brian Bentley, a high ranking American Bandido who confirmed they wanted "something done" or they would come up to Canada.
Sandham said he decided to take his crew to Kellestine's to tell him the American were upset and introduce the new members of the Winnipeg prospects, Marcelo Aravena and Brett Gardiner.
By then, Zuber said, Sandham knew two Toronto bikers were coming to Manitoba to kill him.
"I didn't believe they were coming to do that, " Sandham said.
Zuber pointed out that for two weeks the Manitoba bikers bunked in at Kellestine's house, despite it's rustic surroundings, the flawed plumbing and the lack of beds.
Zuber said they were there to follow the orders.
He suggested Sandham boasted to all of them of his military training and being a sniper.
"I never boasted, sir," Sandham said.
Zuber pointed out other areas of conflict in Sandham's testimony:
-He brought pairs of latex gloves and a bullet-proof vest. Sandham said the gloves were left from his mobile tattoo kit and that he wore the vest often.
-He hid in the loft of the barn with a loaded gun -- the high ground with a good vantage point. Sandham said he was just hiding.
-Sandham never went to the police or warned Muscedere or Salerno of any plan.
The trial continues Tuesday with a new witness.
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New day at Bandidos trial, more testimony expected
Tue, September 22, 2009
Accused Michael Sandham portrayed himself as peacemaker
By JANE SIMS, LONDON FREE PRESS
New testimony is expected at the Bandidos trial this morning.
The question is who will give it.
Last week, accused Michael Sandham, 39, ended his marathon eight days in the witness box. He was the first of six bikers charged with eight counts of first-degree murder to testify in his own defence.
The men are charged in the death of eight Toronto Bandido bikers who were found shot to death on April 8, 2006 in vehicles parked haphazardly on a rural road near Shedden.
The jury began hearing the case on March 31.
The Crown's case focused on an internal "patch pulling" of the Toronto Bandidos members, who had run afoul of their American bosses and were in conflict with the probationary Manitoba chapter they were sponsoring.
The main Crown witness was M.H., a former Winnipeg Bandido who was at Wayne Kellestine's farm the night the men were shot to death.
Sandham's testimony attempted to distance him from any criminal act, while placing the responsibility for the shootings squarely on the shoulders of everyone else, including the head Bandido in the world, "El Presidente" Jeff Pike in Houston, Texas.
Sandham denied he was president of the probationary chapter — he denied there was a chapter at all — and portrayed himself as a peacemaker and mediator in the violent events.
Throughout the trial, each defense team has taken turns based on the order on the indictment — Sandham, Frank Mather, 35, Marcelo Aravena, 33, Brett Gardiner, 25, Dwight Mushey, 41 and Kellestine, 60.
Court opens at 10 a.m.
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Aravena insists he feared for life
Wed, September 23, 2009
He says he saw three bikers shot dead
Marcelo Aravena says he went to Wayne Kellestine's farm to impress the Bandidos.
He didn't know the trip would have him fearing for his own life after watching three of eight Toronto bikers be shot to death on April 8, 2006.
Aravena, 33, a mixed martial artist with a learning disability and one of the six men on trial for first-degree murder at the Bandidos trial, began his testimony yesterday, adamant that he travelled to Ontario to become a biker and denying he knew of any plot to kill members of the Toronto Bandidos chapter that night.
By the end of yesterday, Aravena's testimony had reached the moment the Toronto Bandidos arrived at the Kellestine farm.
Defence lawyer Kathryn Wells had mapped out a framework in an opening address to the jury, telling them Aravena watched Toronto Bandidos John Muscedere, Paul Sinopoli and Jamie Flanz get shot.
She said Aravena watched in horror when Kellestine killed Muscedere, and listened to Kellestine's chilling warning.
"I ain't doing 25 years for you," Kellestine said to him. "If you say anything, I'm going to kill you and your family."
Those words, Wells said, convinced Aravena to tow the line for the rest of the night, fearful he could be the next man to die.
"He will testify for you and wants to testify so you know what really happened," Wells said.
Aravena is giving the third version of events surrounding the deaths of the men whose bodies were found near Shedden. The jury has heard from the Crown's star witness, a Winnipeg Bandido who can only be identified as M.H., and from Michael Sandham, one of the accused and the purported president of the probationary Winnipeg Bandidos chapter who finished his testimony last week.
Aravena testified he had difficulties in school and dropped out when he was 17.
He had a passion for martial arts, specifically muay thai , and became a professional fighter, with seven or eight bouts a year. His record was not enviable -- seven wins, one draw and 32 losses.
He augmented his income with stints working for pizza joints and as security in Winnipeg bars.
He met Dwight Mushey at a club called Phat Daddy's where Mushey was a part owner.
Shattered after his cousin was gunned down in Winnipeg in 2005, Aravena said he turned to cocaine, both to sell and to use.
He was moving frequently and using crack cocaine every day by December 2005 and sold everything but his car, including his computer, to support his habit.
Aravena said he knew Mushey was hanging out with the Bandidos in the summer of 2005. He had met Sandham then and knew him as "president of the Bandidos." Brett Gardiner became a good friend. He also met M.H.
He moved in with Mushey and Brett in Winnipeg in early 2006. Aravena said he wasn't interested in joining the bikers until after he started living with Mushey.
Aravena said Gardiner woke him up one day in March 2006 to say the group was going to Ontario and if things went well, they could be Bandidos prospects.
He said he met Kellestine the first time at the farm.
"He had crazy long hair, no shirt and a gigantic smile on," Aravena said. "I thought he was a bit of a weirdo."
Over the following days, Aravena spent a lot of time watching TV, playing on computers and playing with the dog. Mather came later and was at the farm only part of the time.
He and Gardiner did menial tasks, including putting dog feces on the garden "to make the vegetables fresh," he said.
The group went hunting in the woods and he saw Kellestine take a bite out of what appeared to be be raccoon feces. "It was funny, he was a funny guy," Aravena said.
On the day of the shootings, Aravena said, Kellestine brought out guns to be cleaned and Sandham passed out gloves. Aravena said he, Gardiner and Mather had them on, but took them off later when their hands became sweaty.
They stayed in the house, and assumed M.H., Mushey, Sandham and Kellestine went to the barn.
Aravena continues his testimony today
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Aravena recalls biker's last minutes
Wed, September 23, 2009
Kellestine shot Muscedere in the face, accused testifies
By JANE SIMS, AND KATE DUBINSKI, LONDON FREE PRESS
The last moment of John (Boxer) Muscedere's life, ending with a smile on his face, was witnessed by Marcelo Aravena.
Aravena brought up the rear of the three-man parade to Muscedere's death, Aravena testified this morning at the Bandidos trial, and saw the final exchange between Wayne Kellestine and the Bandidos Canada president.
During the march from Kellestine's barn to one of the cars, Kellestine, armed with a rifle, complained Muscedere was following too close.
"What are you talking about? I'm right behind you. I'm not doing nothing."
Kellestine ordered Muscedere into the front seat. Muscedere initially refused, telling Kellestine "I'm going to get two bullets in the back of my head."
Muscedere sat down in the front seat, Aravena said. Kellestine shot him in the face.
"I thought he missed him," Aravena said.
He could see that Muscedere had "a big smile on his face." Kellestine shot him again.
"I think he died instantly," Aravena said, adding it looked like Muscedere immediately "went to sleep."
Kellestine shot Muscedere under his shirt, then to turned to Aravena and put the gun to his chest.
"I ain't doing 25 years for you. If you say anything I'll kill you and your family."
Aravena replied, "I ain't saying shit. I ain't a rat."
It was that moment Aravena said he was paralyzed by fear so intense he did nothing except what he was told to do the night the eight Toronto Bandido bikers were shot to death on April 8, 2006.
Aravena's testimony was an account from a participant on the sidelines, a wannabe Bandido who hadn't been privy to the internal politics and conflict inside the outlaw motorcycle club.
By the end of the night, Aravena said he witnessed the shooting of three of the men.
But in the minutes after Muscedere's death, he said he was assured by Michael Sandham, the president of the Winnipeg Bandidos that Muscedere "is the only one who is going to get it."
The rest were going home, he was told.
It wasn't the case.
Over the next few hours Aravena said he saw the men led out by Kellestine, accompanied by others — although he was never specific — and didn’t see some of the Toronto men ever again.
He watched Michael Trotta and Jamie Flanz mop the bloodied floor, stained with Luis (Chopper) Raposo's blood.
He saw Frank (Bam Bam) Salerno try to shake hands with the Winnipegers, even though his hand was bloody. Aravena said he refused.
Aravena said he was with Kellestine when Paul (Big Paulie) Sinopoli was led out.
"Paulie looked scared," Aravena said.
"I said 'Don't worry, you're going home,' I don't think he heard me."
Sinopoli was ordered into the hatch of a car. Kellestine shot him with the rifle and tried to shoot again, but the gun jammed.
When the hatch closed on Sinopoli's arm, and the biker moved, Kellestine pulled out a handgun and shot again.
"Die like a man," Kellestine said.
Aravena said he saw Sandham shoot Flanz, but turned his head before seeing who fired a second shot.
He said he went to the barn, where Kellestine said to him, "They better kill Flanz. Why should I have all the fun?"
Aravena said he was terrified he was going to die. While Kellestine told Frank Mather to dump the bodies near Kitchener, he approached M.H., the Crown's star witness and asked to go with him.
"If you guys are going to kill me, please don't shoot me in the face," he told M.H.
Aravena said M.H. laughed.
Sensing danger, he looked for Dwight Mushey, who he considered his best friend.
"I knew he wouldn't do anything."
He climbed into the Grand Prix with Mushey and begged not to be shot.
"What are you talking about?" Mushey said to Aravena. "This shit was not supposed to happen."
"Right there we made a pact to watch over each other," Aravena said.
When Aravena made that statement today in court, Mushey, sitting in the prisoner's box, dropped his head and rubbed his forehead.
After the bodies were disposed of, Aravena went with Sandham, M.H. and Mushey back to Winnipeg. He told Kellestine, after they hugged, "Don't worry about me," indicating he would keep his mouth shut.
"I was just happy to get out of there," he said.
On the trip home, he said M.H. made a gesture to Aravena suggesting he had shot George (Pony) Jessome.
In Winnipeg, Aravena was given his Bandidos prospect patch.
"I knew there was no way out now after what I had witnessed," he said.
Cross-examination begins this afternoon.
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Kellestine wanted me to lie for him, Aravena testifies
Thu, September 24, 2009
The two had contact while in custody
By JANE SIMS, AND KATE DUBINSKI, LONDON FREE PRESS
Bandido hopeful Marcelo Aravena said he came to Ontario a physically broken man.
Fresh off an unsuccessful mixed martial arts fight, he boarded the plane to London from Winnipeg in March 2006, to join his Bandido friends. He had a suspected concussion, chills and sweats. He had a badly broken hand — so injured he couldn't use it.
Assistant Crown attorney Fraser Kelly wondered then why he was able to carry his suitcase with his injured hand and wear a t-shirt when he came off the airplane in London.
This morning, the jury saw the London Airport surveillance video again showing an able-bodied Aravena grasping his suitcase and walking through the airport with Dwight Mushey, Michael Sandham and the Crown's star witness, M.H.
Kelly began his cross-examination this morning, methodically attacking Aravena's credibility.
Aravena has testified he had no idea of club politics and the conflict inside the Canadian Bandidos club when he arrived at Kellestine's farm.
He said he was there to impress the bosses and hopefully become a Bandidos prospect.
But as the violence and executions erupted the night of the shootings at the farm, he said he was terrified of Kellestine, 60, and said his life was threatened.
Aravena proudly corrected Kelly about his fighting record and his vital statistics at the time of the shooting of eight Bandidos bikers on April 8, 2006.
Aravena said he was 6'2" and 280 pounds.
Kelly showed a portion of a video tape of a scrawny, shirtless Kellestine at the farm just days before the shootings.
"How many of your opponents look like that?" Kelly asked.
"One was old but he wasn't that old," Aravena said.
Kelly questioned why Aravena stood and watched while the Toronto Bandidos were captive and bleeding inside the barn.
He was specific about victim Jamie Flanz, who was forced to sit on the floor. Sometimes Kellestine put a handgun to his head and said "just kidding."
Aravena agreed he heard Kellestine call Flanz "a fucking Jew."
He said he found one of Muscedere's teeth and told Kelly he saw Muscedere show everyone where his teeth were knocked out.
He said he didn't noticed some of the injuries and said he didn't shake Frank Salerno's bloodied hand because "I had nice clothes on and I didn't want to ruin them."
He added he thought the men were going home.
He said when he first arrived at the barn, he couldn't see Luis (Chopper) Raposo's body behind a freezer — but he wanted to.
"I wanted to see. I'd never seen a dead body before," he said.
Aravena has testified he witnessed the execution of Muscedere and Paul Sinopoli and said he was not armed when he watched Kellestine shoot them.
Kelly said Aravena's memory was sometimes selective, particularly when recalling who went with Kellestine to shoot each man, suggesting he was protecting his Winnipeg friends.
Aravena agreed Mushey had been his friend and mentor and said Mushey "was a big part of keeping me alive."
"I trusted Mushey, that's why I wanted to join," he said.
Earlier this morning, Aravena agreed he had a surprising conversation with OPP Const. Dean Croker earlier this month while he was being loaded into a transport van for court.
Defence lawyer Ken McMillan, who represents Kellestine asked Aravena to confirm he spoke to Croker on Sept. 9, the day Michael Sandham entered the witness box.
At the time of the conversation, Aravena didn't know if he would be testifying that morning.
"You told him you were not feeling good about testifying and your testimony was going to hurt Wayne," said McMillan.
"But you told Officer Croker you can't do 25 years."
"For something I didn't do," Aravena added.
McMillan reminded Araven he did not add that comment in his remarks to the officer.
Then McMillan recited the rest of the conversation.
"Wayne will only live 10 more years if he didn't get killed in the pen and that means I will do the last 15 by myself."
McMillan reminded Aravena he told the officer the Hells Angels in Winnipeg had contacted his family and told them Aravena should do whatever he could "to get out of court."
"What have I got to hide," Aravena said, adding it was his cousin who relayed the Hells Angels message.
Aravena has maintained he knew nothing about Bandido club politics and conflict and had no idea that violence would erupt at the farm or eight men would die.
McMillan said to Aravena that he "was not as uninformed or as stupid as you want the jury to believe."
"Some people might say I'm stupid but I think I'm bright," Aravena replied.
McMillan pointed out both Aravena and Kellestine have been in segregation at the Elgin-Middlesex Detention Centre but have spent time together in the yard.
Aravena agreed they had conversations about the case.
"He wanted me to lie for him," Aravena said.
But McMillan said Aravena was smarter than he wanted to appear to the jury and was setting Kellestine up, just as the Winnipeg bikers had set up Kellestine in April 2006.
"All the time you were preparing to testify against him.
"I don't know how many times I told him I was going to testify," Aravena said.
"He said, 'Be nice to you Uncle Wayne.’"
McMillan said Aravena was just stringing Kellestine along.
The Crown is about to begin its cross-examination.
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Aravena denies part in killings
Fri, September 25, 2009
The Winnipeg biker says he wouldn't have turned up if he knew what was going to happen
By JANE SIMS
Marcelo Aravena can't turn back time, but he told the Bandidos trial jury yesterday he wishes he could.
"If I knew what was going to happen, I wouldn't have shown up" at Wayne Kellestine's farm, he said during cross-examination from assistant Crown attorney Fraser Kelly.
"And I'm sure (Dwight) Mushey and Brett (Gardiner) wouldn't have shown up either," he added, referring to his former Winnipeg roommates who are also on trial with him for eight counts of first- degree murder, along with three other men.
Aravena, 33, the former mixed martial arts fighter and Bandidos prospect from Winnipeg, was combative in the witness box, maintaining he was only at the farm in March and April 2006 to impress the Bandidos bosses, not kill anyone.
He and Gardiner, he said, hoped to be Bandidos prospects and came to Ontario with Mushey, Winnipeg Bandidos president Michael Sandham and Crown star witness M.H., to gain approval.
He repeated several times he was not aware of any internal Bandidos conflict, and was assured several times that he, Gardiner and Frank Mather "were not needed" for a meeting in the barn on April 8, 2006.
"I thought it was their problem, they were going to deal with it."
But Kelly reviewed what Aravena did see and hear before and early the night the men were shot to death:
Aravena and Gardiner were told to say they were from Oneida reserve.
Gardiner was ordered to clean up rusty shotgun shells.
Kellestine's wife and daughter and Mather's pregnant girlfriend were told to leave.
He overheard Kellestine talk about "salvaging Crash, Paulie and Pony."
Guns were brought out to be wiped down and assembled and Mushey cut the barrel off a shotgun.
Rubber gloves were passed around to everyone.
A CB radio was set up between the house and the barn.
Aravena was told by Kellestine to watch for cars coming.
Aravena, Gardiner and Mather were told to stay in the house.
Despite the warning, Aravena, armed with a baseball bat and Mather, with a rifle, jogged to the barn when they heard a gunshot.
"I had a close friend there," Aravena said.
At the barn, he saw the Toronto bikers on the floor and Kellestine yelling at them to stay down.
Kelly questioned why Aravena stood and watched while the Toronto Bandidos were captive and bleeding inside the barn.
He was specific about victim Jamie Flanz, who was forced to sit on the floor. Sometimes Kellestine put a handgun to his head and said "just kidding."
Aravena agreed he heard Kellestine call Flanz "a (expletive) Jew."
He said he found one of Muscedere's teeth and told Kelly he saw Muscedere show everyone where his teeth were knocked out.
He said he didn't notice some of the injuries and said he didn't shake Frank Salerno's bloodied hand because "I had nice clothes on and I didn't want to ruin them."
He added he thought the men were going home.
He said when he first arrived at the barn, he couldn't see Luis (Chopper) Raposo's body -- he had been shot by Sandham -- behind a freezer -- but he wanted to.
"I wanted to see. I'd never seen a dead body before," he said.
Aravena has testified he saw Muscedere and Paul Sinopoli executed and said he was not armed when he watched Kellestine shoot them.
Aravena maintained he didn't know anyone else would be shot. If that was the case, Kelly suggested he knew Muscecdere was going to die because he was ordered into Raposo's Volkwagen Golf that was hoisted on the tow truck with Raposo's body dumped in the back.
"You can suggest all you want. I know I am telling you the truth," he said.
Aravena is back on the witness box tomorrow
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Crown to continue questioning Aravena this morning
Fri, September 25, 2009
By JANE SIMS, AND KATE DUBINSKI, LONDON FREE PRESS
Marcelo Aravena heads to the witness box for the third day this morning, where it's expected he'll face more tough Crown questions.
Yesterday, Aravena was starting to bristle at assistant Crown attorney Fraser Kelly's inquiries, maintaining he was telling the truth about what happened at Wayne Kellestine's farm on April 8, 2006 when eight Toronto-area Bandidos were shot to death.
There were some glaring gaps in his memory, particularly when it came to the activities of his former close friends from Winnipeg who were also at the Elgin County farm.
While Kellestine, 60, has been fingered as the man orchestrating the slaughter, Aravena couldn't remember which Winnipeg Bandido accompanied Kellestine to some of the executions.
Aravena said he watched Bandidos Canada president John (Boxer) Muscedere die at the hands of Kellestine.
He said Kellestine threatened him and he feared for his life.
Kelly pointed out that Aravena was a 6' 2", 280-pound mixed marital arts fighter at the time of the shootings and could easily have overtaken the scrawny Kellestine.
Aravena also testified he watched Kellestine kill Paul (Big Paulie) Sinopoli.
Aravena testified he touched three guns and a baseball bat that night, but never shot anyone.
He said he made a pact at the end of the ordeal with Dwight Mushey, 41, the man he considered one of his best friends, to watch out for each other.
But, he testified, he would not lie for his former friend.
Avavena has also told the jury he flew to London to join the others with the hope of impressing Bandido "bosses" and becoming a prospect.
He said he had no prior knowledge of any internal biker politics or the seething conflict within the ranks of the Canadian Bandidos in Toronto and Wininpeg.
He was not aware of any order from the United States to "pull patches." He said his Bandido friends told him they had business to take care of, but Brett Gardiner — another Bandido wannabe — and Frank Mather were not involved.
Aravena is the second of the six accused men to testify. Former Winnipeg Bandido president Michael Sandham finished his testimony at week ago.
The jury has heard a third version of what happened from a Winnipeg Bandido who can be identified only as M.H., who was also at the farm and later became a police agent.
Three other accused — Gardiner, 25, Mushey and Kellestine — wait in the wings to declare to the court whether they will call any evidence.
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Kellestine signalled for me to lie, Aravena testifies
Fri, September 25, 2009
Third day in witness box for biker
By JANE SIMS, LONDON FREE PRESS
Aravena denies part in killings
In the yard at the Elgin-Middlesex Detention Centre, Marcelo Aravena caught Wayne Kellestine's hand signals.
"Marce," Kellestine said to get his attention.
Then he mouthed the words and held up his fingers.
"(Dwight) Mushey: four," he said. "Me: two."
Then he referred to the Crown's star witness, who can be identified only as M.H., and mouthed "One."
And for Winnipeg Bandidos president Michael Sandham, Kellestine signalled, "One."
That added up to eight — the same number of Toronto Bandidos found shot to death on April 8, 2006.
"I said, 'Yeah, don't worry about me," Aravena, the former mixed martial arts fighter testified this morning at the Bandidos trial.
Aravena, 33, was back in the witness box this morning for the final phase of his cross-examination by assistant Crown attorney Fraser Kelly.
But his description of what happened in the jailyard came after an inquiry from his own lawyer, Tony Bryant.
Superior Court Justice Thomas Heeney reminded the jury that any out-of-court statement made by an accused person can only be used against the person who said it and has no evidentiary value against anyone else.
Aravena has testified he came to the farm to impress the Bandidos bosses with the hope of becoming a biker prospect.
He said he didn't know of any biker politics or any internal conflict within the organization between the Toronto chapter, the fledgling Winnipeg probationary chapter and the international biker bosses in the United States.
And while he was able to recall that Kellestine was with each man who was taken out of the barn to be executed the night of the shootings, he could not recall who would go with them out of the barn each time.
Kelly suggested Aravena knew exactly what was going on: he knew there was a plan and wanted to impress the others.
"You wanted to show how tough you were to your brothers," Kelly said.
"You were loyal to your brothers and you're loyal to this day."
"They're not my brothers,' Aravena said.
Kelly asked Aravena why the biker church with the Toronto chapter was being held in the cold barn and not the warm house, where he, Brett Gardiner and Frank Mather were ordered to stay.
There had been churches involving Sandham, Kellestine, Mushey and M.H. in the Kellestine kitchen, and each time Aravena, Gardiner and Mather — when he was there — were not allowed to attend.
Aravena said he wondered why too, and would have offered to go to the barn.
At the barn, with Luis (Chopper) Raposo on the floor fatally wounded by Sandham, Aravena said Kellestine told him to "Tell the guys on the roof everyone's OK."
Aravena said he replied "OK", but he wondered why Kellestine said that, because there was no one on the roof, but "he said a lot of weird things that night."
"Wayne's a loud-mouth, even when he doesn't yell," he added.
Kelly asked how Aravena would think everyone was going home safely after seeing Raposo's body wrapped in a carpet and put in the hatch of his Volkswagen Golf that had been hoisted on the back of the tow truck.
He also saw John (Boxer) Muscedere shot by Kellestine while Muscedere was seated in the Golf's front seat.
Aravena said he thought Geroge (Crash) Kriarakis would be taken to the hospital even though he was loaded into the tow truck "because it was warm."
Aravena said Kellestine said Kriarakis would be taken to a Toronto hospital, where they would "say it was a drive-by."
"It didn't cross your mind there was no way a tow truck with two bodies in it would go to a hospital?" Kelly asked.
Even after Toronto chapter president Frank (Bam Bam) Salerno said "Tell my family where my body is," Aravena said he still thought everyone was going home.
He said he thought Salerno was being "an idiot."
Aravena testified he watched Kellestine kill Paul (Big Paulie) Sinopoli and that Kellestine then ordered him to get into the car.
Aravena said he told Kellestine "Fuck no," and walked away.
"I thought he was going to smoke me too," he said.
Kelly questioned why Aravena would say to his good friend Mushey "If you guys are going to kill me, don't shoot me in the face," when they were about to move the bodies to Stafford Line.
Kelly suggested Aravena was "making a joke" inside the Grand Prix, where Jamie Flanz's body was in the backseat with a shot to the face.
"I value life," Aravena said.
"I went through the same things as these parents are going through," referring to the shooting death of his cousin in Winnipeg.
Kelly reminded Aravena he could remember details after the shootings in Winnipeg right down to eating at Burger King and where he bought his biker vest for his prospect patch.
Yet, "On the single most important night of your life, you don't remember who went out."
"All I remember is what I told you," Aravena said. "I would if I could."
He said he told Mushey, his roommate, the details of Muscedere's death, but otherwise they did not talk about the details of the night at the farm.
Kelly noted Aravena bragged about becoming a Bandido to a friend and was seen wearing his vest at Ross and Elgin streets in Winnipeg.
He told Mushey that if he died he wanted to be buried in his vest.
Aravena agreed he was happy to be a Bandido. "I accepted my life for what it had become," he said.
Through questions from Bryant, his lawyer, Aravena said he did believe he owed his life to Mushey.
"A lot of stuff has happened in the last couple of years," he said. "That debt was paid with interest."
"I can't lie," he said.
Bryant said he did not want to close his case today.
The jury was told to return Tuesday afternoon when the trial will resume.
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Defence continues at Bandidos trial this afternoon
Tue, September 29, 2009
By JANE SIMS, LONDON FREE PRESS
The Bandidos trial is back on this afternoon, picking up where it left off Friday with more of the defence's case.
The jury was asked not to return until 2 p.m. today.
Defence lawyer Tony Bryant, who represents accused Marcelo Aravena, 33, asked Friday to wait until today for a decision to close his case.
That leaves three of the six accused with the option to call a defence. All six have pleaded not guilty to eight counts of first-degree murder.
Former Winnipeg Bandido Michael Sandham, 39, has testified. Frank Mather, 35, who moved into Wayne Kellestine's farmhouse just days before the shootings, opted not to call any evidence.
Once the Aravena case is closed, Superior Court Justice Thomas Heeney will ask Brett Gardiner, 25; Dwight Mushey, 41; then Kellestine, 60, if they intend to call any evidence.
Once the defence cases are in, the trial will move into a legal home stretch.
The jury began hearing the case on March 31, when Elgin County Crown attorney Kevin Gowdey gave a two-hour opening statement of the Crown's case.
Eight Toronto-area Bandidos were found shot to death on April 8, 2006. Their bodies were found stuffed in vehicles left abandoned on a rural road near Shedden.
The jury has heard the men were shot at Kellestine's farm.
They had been lured to the farm for a biker "church," or meeting where Kellestine and the probationary Bandidos from Winnipeg intended to pull their patches and kick them out of the worldwide motorcycle club.
The jury has heard three distinctly different versions of what happened on the farm from the two accused and a Winnipeg Bandido who can be identified only as M.H., who testified for the Crown.
The trial continues this afternoon
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Evidence in; arguments start Oct. 13
Wed, September 30, 2009
BANDIDOS TRIAL: The case into the shooting deaths of eight bikers in 2006 near Shedden began on March 31
By JANE SIMS, LONDON FREE PRESS
The evidence is finally in at the Bandidos trial.
Almost six months to the day the jury began to hear the case surrounding the shootings of eight Bandidos bikers, the six men and six women were told yesterday during a five-minute court sitting they would be moving into the "next-to-last phase of the trial."
Tony Bryant, lawyer for Marcelo Aravena, 33, told the court he was not calling more evidence. Aravena was the 72nd witness in the trial and finished his testimony last Friday.
The jury had already heard from accused Michael Sandham, 39. Frank Mather, 35, decided not to call evidence.
The remaining three of six accused yet to call a defence -- Brett Gardiner, 25, Dwight Mushey, 41, and Wayne Kellestine, 60, chose yesterday not to call evidence.
"The evidentiary phase in the trial has now been closed," Justice Thomas Heeney told the jury.
He explained closing arguments will be heard next, but the lawyers need time to prepare.
He instructed the jury to return Oct. 13.
Heeney suggested the jury take time to relax and "clear" their heads before the six defence teams and the Crown begin their addresses. He said his charge will follow and estimated he would talk to the jury for two days.
The jury began hearing the case on March 31.
Eight Toronto-area Bandidos were found shot to death on a quiet, rural road near Shedden on April 8, 2006.
The men were members of the motorcycle club's Toronto chapter and called themselves the No Surrender Crew.
The jury heard the chapter -- which doubled as Bandidos Canada -- had run afoul with the world Bandidos headquarters based in Texas.
There was also conflict with their fledgling probationary Bandidos chapter they had sponsored in Winnipeg.
The tension reached a boiling point at Kellestine's farm, where there was supposed to be a "patch-pulling" to kick the men out of the club.
By the end of the night, the eight men were dead. One was shot in the barn and the rest were killed while sitting in the vehicles they came in.
The case returns in two weeks.
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Closing arguments start Oct. 19
More time granted to prepare remarks for the jury
By JANE SIMS
Closing arguments at the Bandido trial have been put off for another week.
The jury hearing the case was informed yesterday it was not required to return to court until Oct. 19.
Evidence in the lengthy trial of six men facing eight counts of first degree murder was finished Sept. 29.
It was expected both the defence and Crown would start their closing arguments on Tuesday.
Superior Court Justice Thomas Heeney had explained to the jury the lawyers needed preparation time.
Eight Toronto area members of the Bandidos motorcycle club were found shot to death on April 8, 2006.
Their bodies were in vehicles left abandoned on Stafford Line, near Shedden.
The evidence trail led to Wayne Kellestine's farm in Dutton-Dunwich where it is believed the men were killed during a biker "church" or meeting meant to kick the men out of the worldwide biker club.
The jury has heard about the simmering tensions between the Toronto "No Surrender Crew" and their American bosses that are in charge of the worldwide biker organization.
There was also conflict between the Toronto chapter and a probationary Winnipeg chapter it had sponsored.
The jury began hearing the case on March 31 with Elgin County Crown attorney Kevin Gowdey's opening address.
There were more than 70 witnesses, including the star Crown witness, M.H., a Winnipeg Bandido who was at the farm during the shootings.
He had been at the farm for two weeks with four other Winnipeggers before the meeting was organized.
The jury also heard from two accused -- ex-cop Michael Sandham and former mixed martial arts fighter Marcelo Aravena -- who gave different versions of the events on the farm.
Charged with eight counts of first degree murder are Kellestine, 60, and Frank Mather, 35, of Dutton-Dunwich; Brett Gardiner, 25, of no fixed address; and Sandham, 39, Aravena, 33, and Dwight Mushey, 41, of Winnipeg. All of them have pleaded not guilty.
The victims were George (Pony) Jessome, 52; George (Crash) Kriarakis, 28; Bandidos Canada National president John (Boxer) Muscedere, 48; Luis (Chopper) Raposo, 41; Toronto Bandidos chapter president Frank (Bam Bam) Salerno, 43; Paul (Big Paulie) Sinopoli, 30; Jamie (Goldberg) Flanz, 37; and Michael (Little Mikey) Trotta, 31.
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Sandham's lawyer pleads his case
By JANE SIMS, AND KATE DUBINSKI, LONDON FREE PRESS
Michael Sandham is like the fabled little boy who cried wolf, his lawyer told the jury.
And like the child in Aesop's fable who continued to lie, when it really mattered, Sandham is difficult to believe when he is telling the truth.
Defence lawyer Gordon Cudmore, in his closing address to the jury at the Bandido trial, said "incredible people can be telling the truth."
"He has damaged his own credibility, but on the things that matter, he is telling the truth," he said.
Cudmore's closing was the first of seven expected this week as the seven-month trial enters its final phases.
Sandham, 40, and five other men are charged each with eight counts of first- degree murder in the deaths of eight Bandidos bikers on April 8, 2006.
The members of the Toronto Bandido chapter were found shot to death and their bodies left abandoned on a quiet rural road near Shedden.
This morning, the jury of six men and six women heard both from Cudmore and Greg Leslie, the defence lawyer for Frank Mather, 35.
In Cudmore's one-hour address, Cudmore said, despite more than 70 witnesses and countless exhibits, the case comes down to the credibility of the Crown's main witness, a former Winnipeg biker who can only be identified as M.H.
M.H., Cudmore said, makes a practice of lying about everything — drug dealing, lying to receive welfare and to probation officers.
He is, Cudmore said, "an unsavory witness" more concerned about his own well-being than caring about anyone else — and that includes the jury and the judge.
And he noted, he has cut a deal to ensure his own freedom.
"The truth did not set (M.H.) free. The telling of a credible story did."
Sandham, Cudmore said, is easy not to like after listening to him lie to police more than 200 times after he was arrested in June, 2006.
But there is evidence to support his story, he said.
Cudmore said blood-spatter evidence in the car where Jamie Flanz was shot to death proves his client did not shoot him through the driver's side rear window.
"Michael Sandham would have had to defy the law of physics to have shot Flanz," Cudmore said.
And Sandham has been the only one to admit he shot anyone by taking responsibility for Luis Raposo death, but in self-defence, Cudmore said.
"We have the right in our society to defend ourselves against attack," he said, and his client should be acquitted on that count of first-degree murder.
At the highest level, he said, Sandham is guilty of seven counts of manslaughter for the rest, if the jury believes the only plan in place was to "pull patches" and kick the men out of the motorcycle club
Cudmore said if there are questions why the men prepared themselves with firearms for the meeting at Wayne Kellestine's farm, all of them were living in "the pseudo macho world" of bikers, where "being prepared for trouble was not unreasonable."
There are inferences other than murder that can be made about what happened on "that night of horror."
The "night of chaotic madness" was started with Raposo's gun, he said.
The Crown, he added, may try to say Sandham's ambitions drove him to kill, but "no one had to die for him to achieve his goal."
Fear, he said, is not a defence, although "the smell of fear permeated the farm that night and that fear was not confined to the Toronto 8."
Cudmore cautioned the jury that their work is not "a black-and-white decision" and that it was "natural when eight people are killed" the immediate reaction is to make someone pay.
"That is not justice," he said, reminding them about reasonable doubt.
Greg Leslie, lawyer for Frank Mather, then began his closing address to the jury.
Leslie told the jury there is no evidence his client was a Bandidos biker.
He referred to him as Frank "The Mystery Man" Mather, who was not known to any of the Winnipeg bikers, except Sandham who saw him at a barbeque in June, 2005.
"Frank Mather made a mistake. He became friends with Wayne Kellestine," Leslie said.
Leslie structured much of his argument on accused Marcelo Aravena's testimony, who Leslie said had "an air of truth."
Leslie said Mather was at the house with his girlfriend because they had no where else to go. He was not privy to Bandidos’ business and didn't know about the patch-pulling.
Aravena said he and Mather were in the house with Gardiner until they heard the shots. And there is no clear evidence to show Mather was involved in escorting any of the men to their deaths when they were shot execution style.
At no time has the Crown said Mather shot anyone, Leslie said.
Leslie also attacked M.H.'s credibility.
"He is a person who lies — inconsequential stuff, important stuff, he lies."
Mather didn't have a motorcycle or a licence and only met the age criteria of over 21 to be a Bandido, he said.
And Leslie repeated his client did not know anything that night.
Next up this afternoon is Tony Bryant, defence lawyer for Aravena.
The dead men are: George Jessome, 52, George Kriarakis, 28, John Muscedere, 48, Luis Raposo, 41, Frank Salerno, 43, Paul Sinopoli, 30, Jamie Flanz, 37, and Michael Trotta, 31.
On trial on eight counts each of first-degree murder are: Michael Sandham, Frank Mather, Marcelo Aravena, Brett Gardiner, Dwight Mushey and Wayne Kellestine.
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OCTOBER 20 2009
'Kellestine is a psychopath'
By JANE SIMS AND KATE DUBINSKI, LONDON FREE PRESS
Psychotic killer, Psychopath, Monster, All three labels were given to notorious biker Wayne Kellestine this morning as lawyers for his co-accused at the Bandidos trial continued to bury him in guilt during closing arguments.
This morning, it was lawyer Christopher Hicks turn on behalf of Brett Gardiner, 25.
Hicks, in his hour-long address, argued the jury should acquit his client of all charges because Gardiner was not aware of any plan or did not participate in any part of the killing of eight Toronto area Bandidos bikers on April 8, 2006.
Hicks said Gardiner was an unknowing dupe, wanting to advance in the Bandidos and was convinced he was at the farm to meet the Bandido bosses.
Drugs, Hick said, lay at the root of the Canadian conflict. The Toronto Bandidos were thought to be in the drug trade — making a lot of money — and using cocaine and crack cocaine. The drug use went directly against club rules.
Kellestine, too, Hicks said, disapproved of the drug use but had "a dirty little secret" — he was using drugs as well.
The other secret he had was that he and accused Michael Sandham had been elevated to national officers in the motorcycle club, provided they pulled patches from the Toronto Bandidos.
Kellestine, Sandham, Crown star witness M.H., and Dwight Mushey were the only biker officers at the farm. It was they who lured the Toronto Bandidos to the farm and only they could pull Bandidos patches, Hicks said.
Hicks said Kellestine said "be prepared for the worst" because he knew the Toronto Bandidos would bring guns.
And only the officers went out to Kellestine's barn initially that night. Gardiner and two others were in the farmhouse watching TV.
Sandham, who had a personal conflict with Luis (Chopper) Raposo, was ready with a loaded gun in the loft.
Once Sandham shot and killed Raposo, there was, Hicks said, "a parade of death."
"Mr Kellestine is driving this train and Mr. Sandham is right behind him," Hicks said.
Gardiner had been told to stay in the house and listen to the scanner — but the scanner was on all the time at Kellestine's, Hicks said.
And Gardiner, who had performed all the grunt tasks with the other non-ranking biker wannabes, didn't appear in the barn until long after Raposo was shot.
Even participating in the cleaning of the gun shells was part of that work, he said.
And when he did hear gunshots, he was more concerned about Kellestine's well-being.
Hicks said his client is of limited intelligence and would have needed any plan explained to him.
Even M.H. testified there was no other plan than to "pull patches" and was convinced all the men were going home that night.
If there was a plan, it was formulated during mini "churches" held outside the barn between Mushey, Sandham and Kellestine.
And it was Kellestine's plan alone, Hicks said.
"Kellestine is a psychopath, a psychotic killer," he said. "There are no kinder or gentler words, to be truthful."
"There are monsters among us and Kellestine is one of them."
Hicks said the men were executed in "a serial fashion" and noted that Kellestine complained of doing "all the wet work."
The other men were just trying to survive Kellestine and just being there "does not make you a party to a crime."
Even M.H., Hicks said, "was shocked and stunned to be in the centre of a human abbatoir."
He added Gardiner was in the barn for "a New York minute" and had "a true cameo part."
He should be acquitted, Hicks said.
Next up is Michael Moon, defence lawyer for Dwight Mushey.
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Powell goes to bat for Kellestine
By JANE SIMS AND KATE DUBINSKI, LONDON FREE PRESS
Last Updated: 21st October 2009, 2:06pm
Accused killer Wayne Kellestine is an easy target for conviction.
But his lawyer argued this morning that the jury should ignore the rhetoric and must take a long, hard look at the evidence before pinning the blame on his “notorious” client.
Defence lawyer Clay Powell had a heart-to-heart with the Bandidos trial jury during his closing, presented without a written note, telling them he decided after a night of thinking on his front porch in Hyde Park that he has "things I have to say."
"I don't think I've ever represented anybody who's been labelled a psychopath and a maniac," he said, referring to the comments from some of the other defence lawyers he labelled "Bay Street thumpers."
He told the jury he didn't intend to point any fingers except at Michael Sandham, the president of the probationary Winnipeg chapter — and who Powell dubbed "the genius."
Powell said everyone has called Kellestine "the mastermind" of the shootings at his farm.
But he asked "where did this all start?"
Powell told the jury Kellestine was at his farm with his family in March, 2006, when the Winnipeg Bandidos arrived unannounced.
They had left Winnipeg knowing two Toronto Bandidos had been sent to Winnipeg to kill Sandham and that the Americans wanted to know why the memberships of the Toronto chapter had not been pulled.
And it was David (Concrete Dave) Weiche who told them if Kellestine didn't co-operate, "they should take him out too."
"Frankly I don't know why Concrete Dave isn't sitting over there (he pointed to the prisoner's box) with them," Powell said.
Powell said it was Sandham and the Winnipeg crew who had the true motive to kill.
He pointed to Sandham, "a cutie boy and ex-cop."
"He had everything to gain."
It was Sandham who convinced Kellestine to come meet the Americans at Peace Arch Park and it was Sandham who wanted to be a biker president.
"He's smart, he's cunning and he's ruthless," Powell said.
Sandham did not come alone to take the biker colours, "he brings his happy gang" of other Winnipeg bikers.
They stay at the farm for two weeks and its clear, Powell said, they would not leave until the job was done.
Kellestine's plan was simply to take the patches. "That's what Texas wanted," he said.
The "kill one, kill them all” remark by Kellestine, Powell said, could be interpreted as a warning to not kill anyone.
But, when the Toronto members showed up armed, everything changed.
And Sandham — who knew Luis (Chopper) Raposo wanted him dead and had a sawed-off shotgun — shot and killed Raposo.
Sandham has claimed it was an accident.
"Hogwash," said Powell.
As for the rest of the seven Toronto bikers on that "horrible, horrible night," Powell said they can't say exactly what happened.
Instead, the jury must weight the unreliable evidence of Crown star witness M.H., an ex-Winnipeg Bandido who was at the farm that night; Sandham; and accused MArcelo Aravena.
M.H., Powell said, "is not worthy of belief" and should be in the prisoner's box.
"He's a liar, he’s a game player," Powell said. "And he's in it up to his eyeballs."
Powell doubted there was no discussion on the way to Ontario, as M.H. testified, about going to Kellestine's.
Sandham, certainly cannot be believed, Powell said. "If Sandham stuck a parking ticket on you're windshield in Winnipeg, it would likely be forged," Powell said.
Sandham had a "very strong motive" to kill and was desperate to be a 1%er.
And Aravena, "the letter writer", referring to defence lawyer Tony Bryant's creative closing, "he's got his neck to save, too."
"If I had to decide the case on the evidence of (M.H.), Sandham and Aravena, I'd worry about that, Powell said.
The rest, he said, didn't come to meet the biker bosses."
And in a deep voice, pretending to be Aravena, Powell mocked his testimony that he was scared of Kellestine.
"Give me a break," he said.
He told the jury the Crown will likely "jump on the bandwagon" to convict Kellestine.
"Really look carefully at what evidence ties Mr. Kellestine to these homicides other than the words of those three men," he said.
The Crown begins its close this afternoon.
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Crown says M.H. as guilty as the rest
Defends testimony of star witness
By JANE SIMS AND KATE DUBINSKI, LONDON FREE PRESS
Last Updated: 22nd October 2009, 2:57pm
He’s an informant and a police agent — and if not, he would be on trial for eight counts of first degree murder.
The Crown's star witness at the Bandidos trial, a former Winnipeg Bandido who can be identified only as M.H., has been the focus of the defence attacks on the Crown's case, calling him unreliable and dangerous.
This morning, Elgin County Crown attorney Kevin Gowdey, in Day Two of his closing address, acknowledged to the jury that M.H. is as guilty as the rest.
But his testimony only bolsters the strong Crown case presented over the last seven months.
"Any feelings you have about (M.H.'s) immunity agreement is understandable," Gowdey said.
He said M.H. has honoured his agreement to tell the truth.
"This was his only shot at freedom," Gowdey said. "Tell the truth."
M.H.'s story does confirm the rest of the evidence, he argued. Gowdey asked the jury to consider his details and observations and compare it to the other aspects of the investigation.
The entire Crown case does not rest on M.H.'s credibility, he said.
Gowdey said M.H. was able to describe conversations among the Winnipeg Bandidos before they left for Wayne Kellestine's farm in Elgin County and the trip to Ontario.
And M.H. was able to describe the luring of the men to the farm, how each of the eight dead men were shot, how the bodies were disposed and what happened after returning to Winnipeg.
Gowdey used M.H.'s account and compared it to other relevant pieces of evidence.
The jury heard pieces of wire taps and saw photos that matched up to M.H.'s testimony.
And Gowdey reviewed the night of horror inside the barn, pointing out the directness of M.H.'s accounts in describing how each Toronto-area Bandido was led out to execution.
Gowdey hammered home that the men were confined in the barn by "the Farm team" made up of Wayne Kellestine, the Winnipeg Bandidos and Kellestine's friend Frank Mather.
Several family members of the victims were in the courtroom this morning to hear Gowdey repeat the sequence of who died and when.
Court broke for lunch early after accused Marcelo Aravena indicated he was not feeling well.
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All guilty, Crown argues
All six men on trial should be found guilty of first-degree murder, jury told
By JANE SIMS, THE LONDON FREE PRESS
23rd October 2009
They were "a team in every sense of the word."
The men who came together at Wayne Kellestine's Elgin County farm in the weeks before the shooting deaths of eight Toronto-area Bandido bikers, dubbed "the farm team" by Elgin County Crown attorney Kevin Gowdey, worked together to gather up their rivals, eliminate them and clean up their tracks.
On the second day of his closing argument in the Bandidos murder trial, Gowdey continued his methodical approach and showed the jury how the Crown believes all six men on trial are each guilty of eight counts of first-degree murder.
All the men have pleaded not guilty in the deaths of the men found shot to death along a rural road near Shedden April 8, 2006.
The Crown's evidence review has been detailed -- it includes wiretaps of the accused before and after the shootings, conversations between the victims on the way to the Kellestine farm on April 7, 2006, e-mails and ballistics reports.
All of it, Gowdey said, adds up to the conclusion there was a plan in place to eliminate the Toronto chapter.
Gowdey reminded the jury of two routes to reach first-degree murder verdicts -- forcible confinement, and planning and deliberation.
Forcible confinement, he said, can be applied in seven of the eight shootings. The men were held in the barn at gunpoint after accused Michael Sandham gunned down Luis Raposo.
Only accused Brett Gardiner, who was in the farmhouse to listen to the police scanner, didn't take part in holding the men in the barn until they were taken outside and executed, Gowdey said.
Gardiner is guilty, he said, because he was part of the plan. The men prepared weapons, put on rubber gloves, concealed themselves and set up an ambush.
Kellestine had told them in the hours before the bikers arrived, "We kill one, we kill them all," and "be prepared for the worst."
The worst would be if the Toronto bikers showed up with weapons and resisted the order to leave the club. When the gunfire started, Raposo had a gun. Later, during searches of the cars, another gun was produced from a duffle bag.
The group's lowest-ranking men -- Gardiner, Frank Mather and Marcelo Aravena -- were "good soldiers" who wanted "to prove to their new general they were Bandido material.
Sandham, Dwight Mushey and Kellestine, who were to be the top dogs in the new Bandidos Canada, needed the approval from the Bandidos headquarters in Texas where the orders had come to strip the Toronto Bandidos of their patches.
Gowdey noted all of the "farm team" walked away without injury after the night. The "no surrender crew" -- the name given to the Toronto Bandidos -- were all dead.
"Put it all together -- it has planned ambush written all over it," Gowdey said.
He said the defence has tried to convince the jury the Crown's case hinges on star witness M.H.'s evidence, which he said the defence lawyers called unreliable and dangerous.
"He's important, but he's not everything," Gowdey said.
If M.H. had not become an informant and police agent and been given immunity, Gowdey said he would also have been put on trial for the eight counts of first-degree murder.
His detailed testimony bolsters and confirms the evidence collected by investigators, he said.
M.H. has honoured his agreement. "This was his only shot at freedom," Gowdey said. "Tell the truth."
Gowdey is expected to continue his close today.
----------------------------
More closing arguments from Crown today
By JANE SIMS, LONDON FREE PRESS
Last Updated: 23rd October 2009, 9:07am
The Crown's closing address at the Bandidos trial enters its third day this morning.
Elgin County Crown attorney Kevin Gowdey started the address Wednesday afternoon and told the jury his remarks would likely take a full two days.
Gowdey is making the case to convict all six men on trial of eight counts of first-degree murder.
Wayne Kellestine, 60, and Frank Mather, 36, of Dutton-Dunwich; Brett Gardiner, 25, of no fixed address; and Michael Sandham, 40, Marcelo Aravena, 33, and Dwight Mushey, 41, of Winnipeg have all pleaded not guilty in the deaths of the Toronto Bandidos on April 8, 2006.
The bodies of the eight men were found abandoned in their own vehicles left along a quiet rural road near Shedden. All of them had been shot to death.
So far, Gowdey has given the six men and six women a tutorial on the legal principles and applied some of the Crown's mountain of evidence to his argument.
The jury has been reminded of e-mails, telephone calls and body-pack recordings they heard months ago when they began hearing the evidence on March 31.
The review comes after the jury has heard the six closing addresses from the defence earlier this week that challenged the credibility of the Crown's star witness and deflected responsibility from their clients.
Gowdey has asked the jury to consider the whole of the evidence, not picking out small pieces.
He has told them the testimony of M.H. — the former Winnipeg biker who participated in the night of horror at Wayne Kellesitine's farm, then was given immunity for his testimony — is a important piece but certainly not the only strong evidence the Crown has.
M.H.'s evidence bolsters the Crown's theory, Gowdey said, that the group that assembled at the farm in the days before the shootings had a plan — to eliminate the Toronto chapter of the Bandidos motorcycle club.
Gowdey has reviewed the internal squabbles that plagued the club, the decree from the American headquarters that the Toronto "No Surrender Crew" were finished, the orders given to Kellestine and Winnipeg probationary president Michael Sandham at Peace Arch Park, the ongoing and escalating conflict between Sandham and the sponsoring Toronto chapter, and the evidence two Toronto Bandidos had been sent to Winnipeg to kill Sandham.
Gowdey said all the Winnipeg Bandidos were aware of why they were heading to Ontario — to help Kellestine "pull the patches," or kick the Toronto Bandidos out of the club.
And it was clear the Toronto group would not peacefully, he said.
At the farm, all the men helped get guns ready, cleaned ammunition, and the Winnipeg crew put on rubber gloves.
Kellestine was able to lure the Toronto group to his farm by telling them someone was just passing through town — Sandham, an ex-police officer, was the bait.
They would ambush their rivals, Gowdey said.
Kellestine told them "if we kill one, we kill them all" and to "be prepared for the worst."
The worst would be if there was resistance.
M.H. and Dwight Mushey hid behind the barn with their guns. Sandham, with two guns, took a place in the loft — a place, Gowdey argued, that have him a good vantage point.
The Toronto members arrived and M.H. told the jury he heard Luis (Chopper) Raposo say he was "going to put a hole in (Sandham)."
The plan was engaged, then put into action.
Gowdey said the Crown believes Kellestine shot his .22 first, then Sandham took out Raposo, who had fired his sawed-off shotgun.
Then all the men except Brett Gardiner — who had orders to stay in the house and man the police scanner — entered the barn with weapons.
Over the next few hours, each Toronto Bandido was forced to wait in the barn at gun point, then taken out individually to be executed.
Gowdey said everyone had a part to play.
After all the men were dead in vehicles, the "farm team" dumped the bodies, destroyed evidence and everyone got the promotions they wanted within the biker club. Kellestine would be national president, Sandham would be president of Manitoba and the chapter would receive its charter.
Mushey and M.H. would be full-patch members. Frank Mather, Marcelo Aravena and Brett Gardiner would be bumped up to probationary members.
Some were arrested within hours, but the four Winnipeg Bandidos safely made it back to Winnipeg, where more evidence was destroyed.
They began to try to build the club again and Sandham went to Texas for approval. He beat it back to Manitoba when he found out they had discovered he had been a police officer.
Gowdey said everyone had something to gain in eliminating the Toronto bikers and they all deserve to be convicted of first-degree murder.
The men who died were George Jessome, 52, George Kriarakis, 28, Bandidos Canada president John Muscedere, 48, Luis Raposo, 41, Frank Salerno, 43, Paul Sinopoli, 30, Jamie Flanz, 37, and Michael Trotta, 31.
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Convict them, Crown urges jury
By JANE SIMS, LONDON FREE PRESS
Last Updated: 23rd October 2009, 11:43pm
The Crown closing continues at the Bandido trial with Elgin County Crown attorney Kevin Gowdey analysing the evidence and encouraging the jury to convict six men of eight counts of first-degree murder.
This morning, Gowdey first focused on the reliability of M.H., the Crown star witness who was part of the Winnipeg Bandidos and participated in the events at Wayne Kellestine's farm on April 8, 2006.
He recited to the jury a long list of evidence — almost five dozen separate points — that corroborates M.H.'s testimony. Where M.H. said something happened, investigators found evidence.
"Confirmatory evidence is everywhere you look," he said.
He said M.H. never tried to diminish his role in the events. He gave a statement and wore a body pack knowing there was a possibility he could be prosecuted.
"He put himself right in the middle of everything," Gowdey said. "He did not minimize anything."
He gave the police his DNA and allowed complete scrutiny of his evidence by the police.
Gowdey said he understood if the jury did not like the immunity agreement and “I'd be shocked if anyone in the room liked (M.H.)"
"The case is not all about him but to the extent it is he's credible, he's reliable."
Gowdey could not say the same for each of the accused.
He has been examining the evidence surrounding each accused individually to show the jury why the Crown believes they should be convicted of eight counts of first degree murder.
Michael Sandham, he said, "wanted to be a 1%er (outlaw biker) more than anything in the world."
Sandham, an ex-police officer, had made overwhelming sacrifices to join the biker world and when it was in sight, it was snatched away when the Toronto Bandidos were ordered to give up their memberships.
Gowdey reviewed the elaborate ways Sandham worked to gain favour with the American bosses and how he scooped up his Winnipeg crew to go to Ontario once the order came to help Kellestine "pull patches."
He admits to killing Luis Raposo while hiding in the loft. The Crown says this was part of the planned ambush. And he participated in the plan as it unfolded.
Gowdey pointed out Sandham's lies to police and in his testimony — how he said he joined the bikers to become a special police agent, even though he never called police; how he said the Winnipeg Bandidos chapter wasn't really a chapter; how others told him what to say; and how he said he was a peace maker.
"It is a pack of lies, a collection of tales that defy common sense," Gowdey said.
Gowdey also reviewed the roles of Frank Mather and Marcelo Aravena, both of whom were "good soldiers" and wanted to impress "the farm team."
Mather was a willing "henchman", guarding prisoners, cleaning up and driving vehicles.
Aravena — whose testimony was thoroughly dissected and dismissed — was also a willing participant, who admitted he was "excited" when given a biker promotion and bragged to his friends.
Gowdey continues this afternoon.
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Crown wraps case
BANDIDOS TRIAL: Superior Court Justice Thomas Heeney is expected to begin his charge to the jury on Monday
By JANE SIMS, THE LONDON FREE PRESS
Last Updated: 26th October 2009, 9:17am
The Bandido case is finally in the home stretch.
The marathon trial that's lasted almost seven months was passed to the judge's hands yesterday.
On Monday, Superior Court Justice Thomas Heeney is expected to begin his charge to the jury.
Heeney warned jurors yesterday at the end of the Crown's closing address his comments will be lengthy. He expects to address the jury for the better part of two days.
After Heeney finishes, the six men and six women will begin to decide the fate of the six men who have pleaded not guilty to eight counts of first-degree murder.
Elgin County Crown attorney Kevin Gowdey spent day three articulating how the jury could reach findings of guilt for each accused.
Gowdey first focused on the reliability of an informant known only as M.H., the star Crown witness who was part of the Winnipeg Bandidos and took part in the events at Wayne Kellestine's Dutton-Dunwich farm on April 8, 2006.
He recited to the jury a long list of evidence -- almost 60 separate points -- that corroborates M.H.'s testimony. Where M.H. said something happened, investigators found evidence.
The motives, the biker ambitions and the actions of each man was reviewed in detail.
Michael Sandham "wanted to be a 1%er (outlaw biker) more than anything in the world," Gowdey said, but just as his full patch, or club membership, was within sight, the Canadian Bandidos were ordered kicked out of the worldwide club.
Gowdey reviewed the elaborate ways Sandham worked to gain favour with the American bosses and how he scooped up his Winnipeg crew to go to Ontario once the order came to help Kellestine "pull patches."
Gowdey pointed out Sandham's lies to police and in his testimony. "It is a pack of lies, a collection of tales that defy common sense," Gowdey said.
Frank Mather, Gowdey said, was "a trusted supporter" and a boarder at Kellestine's who was rewarded with Bandido membership after his participation -- guarding prisoners before they were taken for execution, dumping bodies and cleaning up.
"He was a good soldier doing what he was told," Gowdey said.
Marcelo Aravena gave "implausible" evidence and was "a soldier" clearly wanting to impress the "farm team," as Gowdey called them, by participating fully in the plan to ambush the Toronto Bandidos.
While in the witness box, Aravena went to great lengths to protect himself and Dwight Mushey, his mentor and his friend. His reward was Bandido membership, which he said he was "excited" about shortly after he helped dump the bodies, Gowdey said.
Brett Gardiner, Gowdey said, also craved biker membership, having moved form Saskatchewan to Winnipeg to live with Mushey, his sponsor to become a club prospect.
His part in the plan was to listen to the scanner in the farmhouse. At one point, he walked to the barn and would have walked right past the death march for John Muscedere before he was shot to death.
In the house, he had many chances to call police. "The most powerful weapon available that night to save lives wasn't used," Gowdey said.
Mushey, Gowdey said, "was one eager Bandido" who was desperate for a full patch. He was frustrated with the lack of progress for the Winnipeg chapter and was "a central character" in the plot to kill the men.
Mushey both guarded and killed three of the men, Gowdey said. He bragged later in Winnipeg about his actions, his comments caught on body pack intercepts.
Gowdey's final comments were saved for Kellestine, "the general" who was "one of the prime movers" of the plan.
"No accused was more involved than Mr. Kellestine," Gowdey said.
Kellestine, disenfranchised by his Toronto biker friends, took part in every aspect of the plan -- collecting guns and ammo, giving orders, luring the men to the farm -- and he killed that night at his own farm.
Gowdey said Kellestine's words to his common-law spouse over the phone summed up the case -- "I (expletive) up bad, didn't I? I got us all in trouble, didn't I?
At the end of his address, Gowdey held up a full Bandido biker vest, saying the patch was "more than just a piece of embroidered cloth to the men." He pointed to a collage of picture of the dead bikers. "On a cold night in April 2006, these men were executed by these men," he said, pointing to the prisoner's box. "All, so they could get this on their back."
The jury returns Monday.
--- --- ---
THE DEAD
George Jessome, 52; George Kriarakis, 28; Bandidos Canada National president John Muscedere, 48; Luis Raposo, 41; Toronto Bandidos chapter president Frank Salerno, 43; Paul Sinopoli, 30; Jamie Flanz, 37; and Michael Trotta, 31.
--- --- ---
THE ACCUSED
Wayne Kellestine, 60, and Frank Mather, 36, of Dutton-Dunwich; Brett Gardiner, 25, of no fixed address; and Michael Sandham, 40, Marcelo Aravena, 33, and Dwight Mushey, 41, of Winnipeg. All have pleaded not guilty to eight counts of first-degree murder.
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Look at the evidence, judge tells Bandidos jury
Bandidos trial: Judge continues his charge to jury today
By JANE SIMS, LONDON FREE PRESS
Last Updated: 27th October 2009, 4:26am\
Forty-eight verdicts need to be rendered at the Bandidos trial once the case is put in the jury's hands.
That won't happen until Superior Court Justice Thomas Heeney completes his charge that he began yesterday -- an exercise he said will last the better part of two days.
It's the final step before the jury begins deliberations in the trial of six men who have each pleaded not guilty to eight counts of first-degree murder.
The marathon criminal case that began along a quiet rural road in Elgin County on April 8, 2006, has the finish line in sight.
The bodies of eight men, all members of the Toronto chapter of the Bandidos motorcycle club, were found shot to death in vehicles left along Stafford Line not far from Shedden.
The jury has heard the bikers were shot to death at Wayne Kellestine's Dutton-Dunwich farm, about 14 kilometres from where the bodies were found.
Heeney told the jury his charge has many complex instructions. Copies of his charge will be made available once the jury retires for deliberations. He also said they should rely on what they remember about the evidence.
"I'm going to help you with your decision, not tell you what decision to make," he told them in the early goings of his address.
Heeney said the jury members could have stereotypical images in mind about biker clubs and the biker lifestyle. He cautioned jurors that they must render their verdicts based solely on the evidence.
"They can only be convicted for what they do, not who they are."
He had special instructions regarding the evidence of M.H., the former Winnipeg Bandido and Crown star witness who testified to what he saw happen the night the men were shot to death.
M.H., a former drug dealer, has immunity from prosecution. He and his family are living under witness protection.
Heeney told jurors that given M.H.'s background, they should look at his evidence "with the greatest care and caution" and look for confirmation in other evidence tendered at the trial.
Heeney listed 21 points where the jury may find M.H.'s evidence was confirmed through other testimony and exhibits.
Heeney is expected to instruct the jury on the law surrounding first-degree murder and review parts of the evidence.
The charge continues today.
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Judge coaches Bandidos jury
Remarks come before placing case in hands of jurors
By JANE SIMS, LONDON FREE PRESS
Last Updated: 27th October 2009, 1:27pm
The judge's discussion on the Bandidos and the law continued this morning.
Superior Court Justice Thomas Heeney is reading his charge to the jury discussing the first- and second-degree murder and manslaughter charges and how they apply to both shooters and non-shooters.
He also discussed post-offence conduct and how the jury should address it during their deliberations.
The jury must render 48 verdicts. Each accused are charged with eight counts of first degree murder in the deaths of eight Toronto-area Bandido bikers.
Heeney provided the jury with copies of a "decision tree," a road map for the jury to follow when considering its verdicts.
Heeney told the jury from the outset that his charge would be long and complicated. He said it would last the better part of two days.
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Bandidos fired lawyers
The jury is finally out
By JANE SIMS, LONDON FREE PRESS
Last Updated: 28th October 2009, 2:42pm
Even in the courtroom, the biker code ruled.
It could be seen in the alliances that lined up in the prisoners’ dock. It was a reason why some testified and some didn’t.
And it was why, last week, two defence lawyers were fired by their clients the day after they’d given their closing addresses to the jury.
The jury, now deliberating its verdicts at the Bandido trial, doesn’t know Christopher Hicks, lawyer for Brett Gardiner, and Michael Moon, lawyer for Dwight Mushey, were discharged on Oct. 21 “for personal reasons,” the accused men said.
It appeared to be a bizarre time to remove a lawyer from the case. But for Mushey, a true-blue biker who honoured a code of silence, and his loyal underling and pal, Gardiner, it made perfect sense.
Of all the men sitting in the prisoner’s dock, Mushey and Gardiner have been most chummy.
Mushey, who was the Winnipeg Bandido chapter secretary-treasurer and second in command, had been Gardiner’s sponsor into the club.
Gardiner hooked up with some Bandidos in Saskatchewan before deciding to fast-track biker ambitions by moving to Winnipeg.
He moved in with Mushey and became an enthusiastic prospect.
Also in the house was Marcelo Aravena, the mixed martial arts fighter, who had fought an addiction to cocaine.
While Gardiner was too broke to buy a biker vest, the jury heard, he still did the duties of a prospect with gusto.
On March 26, 2006, he willingly came to Ontario to Wayne Kellestine’s farm with his sponsor and the other Winnipeg Bandidos.
His job, the Crown has argued, on the night of April 8, 2006, was to listen to the police scanner while the ambush was carried out inside the barn.
And, after the shootings, he stayed with Kellestine while the other four Winnipeg Bandidos returned home. It would be the last time Gardiner would see his sponsor in freedom.
Gardiner was questioned at the farm April 9, 2006, and released.
He was later arrested and in detention could be heard in phone taps spouting the cover story - they’d been partying for two days, it was a frame-up.
But Gardiner’s loyalty to Mushey resurfaced and alliances formed.
Michael Sandham, the ex-cop, was placed in protective custody. Since the preliminary hearing, his prisoner’s partition was covered in paper to shield him.
The rest were crammed together. But Aravena was later removed for reasons never explained. He was put in protective custody after a beating on his jail range.
Kellestine, Mushey, Gardiner and Mather remained on friendly terms. It all changed in January.
Kellestine was moved to protective custody. He’d been beaten up in the showers.
That came as the court reviewed his initial police interviews, where he tried to deflect all responsibility and put it on the Hells Angels. It was a major mistake. He was labelled “a rat.”
The biker code insists you say nothing. No statements to police. No other label would be more troubling to Kellestine.
That left the loyalty between Gardiner, Mushey and Mather.
One day, Kellestine complained to his lawyer, Clay Powell, Mushey had threatened him in a note he’d slapped against the partition.
“You’re a dead man,” it said.
Kellestine said Mushey then ate the piece of paper before anyone could see it happen.
Aravena went to great lengths to pin all the blame on Kellestine and portray his old friend, Mushey, as a hero.
During an argument without the jury present, Aravena’s evidence about a signal given by Kellestine at the jail was vetted.
Aravena said Kellestine’s signal was to say Mushey killed four Bandidos. Kellestine denied it.
Mushey began making a hand gesture that appeared to be someone talking.
“Rat,” he said. “Rat. Rat. Rat.”
Both Moon and Hicks gave searing closing addresses that larded the responsibility for the shootings of eight Toronto Bandidos on Kellestine, calling him a psychotic, a psychopath, a monster. They said their clients were unwilling participants.
Afterward, it was clear both Mushey and Gardiner had grown gravely serious.
The next morning, the court’s start was delayed almost two hours after Hicks and Moon asked for and got a recess.
When the judge returned, Mushey addressed the court.
“For personal reasons I request I remove Michael Moon as my primary counsel,” he said.
Gardiner parroted the apology. “I’m going to be doing the same thing as Mushey here. I’m going to be removing Christopher Hicks as my counsel.”
“Your reasons are what?” the judge asked.
“Personal reasons,” Gardiner said.
Powell suggested if the lawyers didn’t stay, the jury might think “Kellestine put a contract out on them.”
During Elgin County Crown Attorney Kevin Gowdey’s closing address, both Mushey and Gardiner were ashen-faced.
Their lawyers had pinned the blame on Kellestine. Through their lawyers, they could be perceived in the outlaw biker world as what they had made Kellestine - rats. By firing their lawyers, they may have bought some protection under the biker code.
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Judge wraps up charge to jury
By FREE PRESS
Last Updated: 28th October 2009, 10:53am
The charge to the jury in the Bandidos murder trial was completed yesterday, but lawyers were back in court late last night with an opportunity to comment on the judge's charge.
The jury was sequestered, but instructed by the judge not to begin its delibrations.
Jurors are to return to the court in London this morning.
Six men have been on trial since March in the shooting deaths of eight Toronto-area Bandidos bikers, whose bodies were found in rural Southwestern Ontario, near Shedden, in April 2006.
The six men are each charged with eight counts of first-degree murder.
Wayne Kellestine, 60, and Frank Mather, 36, of Dutton-Dunwich; Brett Gardiner, 25, of no fixed address; and Michael Sandham, 40, Marcelo Araven, 33, and Dwight Mushey, 41, of Winnipeg have all pleaded not guilty.
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As jury goes out, bikers fire lawyers in murder trial
Peter Edwards Staff Reporter
Published On Wed Oct 28 2009
LONDON, Ont. — The jury in the largest mass murder trial in Ontario history began deliberating this morning, unaware that two of the six accused had just fired their lawyers.
"The reasons are what?" Justice Thomas Heeney asked Dwight Mushey, 42, of Winnipeg. Mushey and the five other accused men, all connected to the Bandidos Motorcycle Club, each face eight counts of first-degree murder.
"Sorry your Honour," Mushey replied. "They're personal reasons." He denied firing lawyer Michael Moon was a "delay tactic."
Brett Gardiner, 25, of Winnipeg, fired Christopher Hicks, telling the judge, "Same thing. There's no ploy here."
People familiar with the outlaw biker culture suggested the firings might be an attempt by the accused to disown any finger-pointing at other bikers as part of their defence. There is a strong outlaw biker code of honour that condemns any co-operation with authorities.
Nor does the jury know that two other accused men in the April 2006 slayings of eight GTA-area Bandidos members at an Iona Station farm were beaten in jail. They are Wayne Kellestine, 60, owner of the London-area farm and Marcelo Aravena, 33.
Earlier this month, Mushey leaned towards Kellestine in a Plexiglas stall next to him in the prisoners' dock, and mouthed the words, "Rat, rat, rat."
In his closing remarks to the jury, Hicks, called Kellestine a "psychopath," "psychotic" and a"monster" and accused him of being the sole driving force behind the massacre.
Kellestine's lawyer, Clay Powell, suggested the firing of the lawyers just before his closing remarks to the jury was a stunt to throw him off his game at a critical time in the seven-month trial.
The jury was not present when the lawyer firing was discussed. The judge instructed the fired lawyers to remain in the courtroom as Powell made his final remarks.
What might have escaped the jury's notice were the several books Gardiner read per week, supplied by his lawyers. A female court observer was expelled from the courtroom for providing him with a romance novel.
Much of Gardiner's defence has been that he is too dumb to have been part of a plot that ended with mass murder.
His lawyers argued he is a thoroughly dense and watched television in Kellestine's farmhouse, unaware that seven men were being executed in vehicles immediately outside the building.
"It was the opinion of all observers that he (Gardiner) simply wasn't very bright," Hicks told the jury.
Crown Attorney Kevin Gowdey described Gardiner as being more ambitious than stupid, and noted that Gardiner moved to Winnipeg to live with Mushey, and then agreed to stay behind with Kellestine after the slaughter of the No Surrender Crew, to help re-establish the club in Ontario.
Gowdey accepted that Gardiner, Frank Mather, 36, of no fixed address, and Aravena didn't actually shoot anyone, but said they were essential to the execution of the Toronto bikers. Also charged with eight counts of first degree murder is former Winnipeg-area police officer Michael Sandham.
Sandham, who is in protective custody, committed an extreme violation of the biker code of not co-operating with prosecutors. He unsuccessfully tried to cut a deal with police himself, and then told the jury that he was never really an outlaw biker at all, even though other bikers described him as president of the Winnipeg Bandidos.
Sandham claimed he was really a police undercover agent, even though he had no agreement of any kind with any police force to infiltrate outlaw biker groups.
Gowdey said they all of the accused men were part of the murder plot, and all heard Kellestine say, "If we kill one, we kill them all," several times in the days before the massacre.
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Bandidos guilty;
All six found guilty of first-degree murder or manslaughter
By SUN MEDIA
Last Updated: 29th October 2009, 4:49pm
The verdicts have been handed down in the Bandidos trial.
All six of the accused bikers were found guilty.
Wayne Kellestine, Michael Sandham and Dwight Mushey were found guilty of eight counts each of first-degree murder.
Frank Mather and Marcelo Aravena were found guilty of one count each of manslaughter and seven counts each of first-degree murder.
Brett Gardiner was found guilty of two counts of manslaughter and six counts of first-degree murder.
Of the 48 counts of first-degree murder against the six Bandidos, the jury found them guilty of 44 counts.
The only exceptions were four killings in which three of the accused were found guilty of manslaughter.
Of those, Brett Gardiner was found guilty of two counts of manslaughter — one in the death of John Muscedere, the other in the death of Luis Raposo.
Others convicted of manslaughter were Marcelo Aravena and Frank Mather, in both cases for the killing of Raposo
The jury of six men and six women returned to the Middlesex courthouse in London at about 3:35 this afternoon, only about 18 hours into their deliberations.
Jurors heard seven months of evidence in Ontario's worst mass slaying, with six men accused of eight counts of first-degree murder.
The trial centred on a struggle between the Toronto-area wing of the Bandidos biker gang and a rival wing from Winnipeg.
The bodies of the eight slain bikers were found stuffed into vehicles along a rural Southwestern Ontario road, in Elgin County, the morning of April 8, 2006.
After about 18 hours of deliberating 48 charges, the jury returned to the Middlesex County Courthouse.
The verdicts were returned about 3:45.
The seven-month trial told the story of blind ambition, failed loyalties and deadly solutions.
Eight Toronto-area Bandidos were found shot to death on April 8, 2006. Their bodies were found shot to death along Stafford Line near Shedden in Elgin County.
The Shedden Eight as they are sometimes called made up both the Toronto chapter and Bandidos Canada.
They had fallen out of favour with their American bosses who had demanded they cease operations because of communication issues and lack of dues payments.
Wayne Kellestine, the club's sergeant-at-arms, had been alienated by his Toronto brothers. He was upset with his Toronto brothers over suspected drug use and knew the club was on thin ice with the Americans.
The Toronto chapter sponsored the probationary Winnipeg chapter, where the ambitious ex-cop Michael Sandham was the president. There was already tension between him and the Toronto bikers. He began to campaign the Americans to save the chapter.
After a meeting at Peace Arch Park in British Columbia, Kellestine was ordered to pull the patches of the Toronto chapter and would be given the national mantle in return. Sandham would get his chapter and be second-in-command in Canada.
When Kellestine didn't yank the memberships, Sandham and his crew of Winnnipeg members headed to Ontario unannounced, and arrived at Kellestine's farm.
They stayed for two weeks, over which time, the Crown argued, a plan was formed to take the patches by gun point. If there was resistance, Kellestine had told them "kill one, kill them all."
On April 8, 2006, they prepared guns and the Toronto men arrived at Kellestine's farm, lured there for a "church" or biker meeting.
One of them was shot inside the barn during an initial shoot-out. The rest were taken one-by-one out to the vehicles and executed.
The bodies were dumped 14 kilometres away after one of the cars ran out of gas.
Kellestine, Gardiner, Mather and two other people were arrested April 9, 2006, hours after the four Winnipeg bikers had left for home.
They were arrested in June, 2006.
The trial has lasted seven months. They jury of six men and six women saw more than 70 witnesses and more than 500 trial exhibits.
They also heard from a former Winnipeg biker who was there, became a Crown witness and was given witness protection for his evidence.
THE DEAD: George (Pony) Jessome, 52; George (Crash) Kriarakis, 28; Bandidos Canada National president John (Boxer) Muscedere, 48; Luis (Chopper) Raposo, 41; Toronto Bandidos chapter president Frank (Bam Bam) Salerno, 43; Paul (Big Paulie) Sinopoli, 30; Jamie (Goldberg) Flanz, 37; and Michael (Little Mikey) Trotta, 31.
THE CONVICTED: Wayne Kellestine, 60, and Frank Mather, 35, of Dutton-Dunwich; Brett Gardiner, 25, of no fixed address; and Michael Sandham, 39, Marcelo Aravena, 33, and Dwight Mushey, 41, of Winnipeg have all pleaded not guilty to eight counts of first degree murder.
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Kellestine guilty of eight counts of murder at Bandidos trial
Five co-accused guilty of numerous charges including murder and manslaughter
29th October 2009
Peter Edwards STAFF REPORTER
The Star
LONDON, Ont. – A member of the Bandidos Motorcycle Club spat on his lawyer after he and five other club members were each convicted of multiple counts of first degree murder for the ambush and execution-style slayings of eight Greater Toronto Area bikers in the biggest mass murder in modern Ontario history.
Marcelo Aravena, 33, of Winnipeg, exploded in anger in the prisoners' dock after hearing he had been convicted of seven counts of first-degree murder and another of manslaughter for the massacre of the bikers in tiny Iona Station, west of London, on the night of April 7-8, 2006.
"F---ing goofs," Aravena, a 280-lb pro fighter said, glaring at the jury and making obscene gestures with both hands.
"You know that some of us are innocent," Aravena shouted. "You're pieced of f---ing s--t."
When his lawyer, Tony Bryant, moved to calm him, Aravena shifted his glare and said, "F--- off, Tony"
During a brief recess, Aravena spat over the Plexiglas wall of his cubicle.
Within seconds, Aravena was escorted to prisoners' cells in the basement of the courthouse by police.
The rest of the men took their convictions silently, and Dwight Mushey, 41, a Winnipeg nightclub owner, bowed his head slightly at the jury after hearing their decision.
There were about 10 family members of their victims in the courtroom as the verdicts were read out.
Teresa Muscedere, 24, whose father John Muscedere was one of the murdered men, fought back tears as the jury foreperson called out the verdicts.
The oldest of the accused, Wayne Kellestine, 60, shrugged his shoulders as he heard he was found guilty of eight counts of first degree murder for massacring his Bandidos clubmates in his ramshackle farm.
A few minutes later, he looked towards reporters and smiled faintly.
It took 20 minutes for the jury foreperson to read out the 44 convictions for first degree murder and four for manslaughter.
None of the six accused men were acquitted of any of the charges they faced.
The jury reached its decision after deliberating for 14 hours.
A conviction for first degree murder brings a mandatory life term.
After hearing the sentence, the son of one of the murder victims said he was elated by the verdicts.
"I'm literally jumping in the street, I'm so happy," Richard Jesso, whose father George was killed that night, said via email to The Star.
The youngest of the six accused, Brett Gardiner, 25, of Winnipeg, looked up at the ceiling and then dropped his head and stared at the floor as he heard he was found guilty of six counts of first degree murder and two of manslaughter.
His co-accused Michael Sandham, 40, a former police officer from rural Manitoba, sat down in his chair and stared straight ahead as he heard he was found guilty of eight counts of first degree murder.
Frank Mather, 35, of no fixed address, showed little emotion as he was found guilty of seven counts of first degree murder and one of manslaughter.
The jury in the seven-month trial heard that Gardiner, Mather and Aravena didn't fire any shots in the massacre, but the Crown argued they were an important part of the crime nonetheless.
Court heard the Texas headquarters, or "Mother Chapter", of the international motorcycle club was upset with the Canadians for numerous breaches of club rules, including repeatedly shunning their calls for meetings and for admitting new members, without the permission of the Texans.
On the night of the murders, Gardiner was assigned to monitor police scanners from Kellestine's farmhouse, as other bikers attempted to "pull the patches," or kick the Toronto bikers out of the club at a meeting in Kellestine's barn.
Mather and Aravena acted as guards, keeping victims confined in Kellestine's barn until they were led outside to be shot dead.
Court heard that Gardiner drove from Winnipeg to Kellestine's farm with Sandham, Mushey, and a longtime biker who can only be identified as "M.H."
Within days of returning back to Winnipeg, M.H. was working for the police, wearing a hidden recording device and capturing conversations with Mushey, Aravena and Sandham.
M.H. had been "sergeant-at-arms" of the Winnipeg Bandidos, in charge of enforcing club discipline. He is now living in a witness protection program, under a new name, after agreeing to cooperate with police to escape murder charges himself.
M.H. told the court he didn't shoot anyone that night, but was present for the execution of the GTA bikers. All of the victims except Raposo was shot twice in the head, execution-style.
The first GTA biker killed that night, Luis Manny Raposo, 41, was killed in an exchange of gunfire with Sandham, who was hiding with two loaded rifles in the beams of Kellestine's farm, where the bikers gathered for a "church," or club meeting.
Court heard that Raposo hit Sandham with a blast from a sawed-off shotgun, but Sandham was wearing a bullet-proof vest, saving him from injury or death.
In often-gripping testimony, punctuated by bouts of tears, M.H. told court how Kellestine exhibited wild mood swings during the systematic executions, which Kellestine called "wet work."
Kellestine alternately sang, danced, prayed between the murders of his biker brothers, M.H. said.
At some points, Kellestine promised the Toronto bikers they would all be allowed to go home safely, M.H. said.
At several other points, Kellestine taunted the victims, especially Jamie Flanz, 38, of Keswick. Court heard that Kellestine told Flanz he would be executed last so that he could suffer most, because he was Jewish.
Court heard that Kellestine is a Nazi sympathizer who had swastikas and Nazi memorabilia throughout his farmhouse and a large Nazi flag in his barn, where the victims were confined before being led out to vehicles and executed.
Sandham testified in his own defense, and told a wild story of how he had been working undercover for police at the time of the slaughter, even though he didn't have any agreement with any police force to do so.
Court also heard that Sandham lied repeatedly to police after the murders, and denied more than 200 times that he was at Kellestine's farm at the time of the murders.
Mather's lawyer, Greg Leslie, told court that Mather was simply in the wrong place at the wrong time, having dropped by Kellestine's farm with his pregnant girlfriend days before the murders because he needed a place to stay.
While Mather wasn't a member of the Bandidos club, M.H. testified that Mather was with the bikers as they readied guns and ammunition, hours before the slaughter.
M.H. said that Mather also held a shotgun in Kellestine's barn as the Toronto bikers were confined before their murders.
Aravena testified that he was not part of any discussions involving murders, and simply went to Ontario to "meet the bosses," in the club.
He also testified that Kellestine threatened his life immediately after Kellestine murdered John Muscedere, 48, of Toronto, the Canadian president of the Bandidos.
Muscedere was the second murder victim of the night, court heard, and told his killers, "Do me first. I want to go out like a man."
Mushey's lawyers argued that the Crown's case against him was built of the testimony of a lifelong liar, M.H., and that Mushey had no idea that Kellestine was going to murder the Toronto men that night.
The Crown suggested that Mushey killed three men that night, and noted how a secret police recording captured Mushey as he described the facial expressions of Flanz as he was shot dead.
Kellstine's lawyers presented their client as a "perfect patsy," for the Winnipeg bikers, and noted they showed up at his farm unannounced, on March 28, 2006, with orders from the U.S. Bandido to kick the Toronto bikers out of the club.
Kellestine's legal team of Clay Powell and Ken McMillan suggested their client lost everything and gained nothing through the massacre of his clubmates.
Found dead in vehicles abandoned by a farmer's field 14 kilometers from Kellestine's farm were: Muscedere, Flanz, Raposo, George Jessome, 52, and George Kriarakis, 28, all of Toronto; Frank Salerno, 43, of Oakville; Paul Sinopoli, 30, of Jackson's Point and Michael Trotta, 31, of Mississauga
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News Canada
Chronology of the events in Bandidos slayings
By THE CANADIAN PRESS
Last Updated: 29th October 2009, 8:30pm
LONDON, Ont. — A chronology of the events leading up to Thursday’s convictions of six men in the slayings of eight others linked to the Toronto chapter of the Bandidos biker gang:
March 2006 — Michael Sandham and Wayne Kellestine meet with U.S. Bandidos officials in Peace Arch Park, which borders Washington state and British Columbia. During this meeting Kellestine is ordered to strip his fellow Toronto Bandidos of their gang affiliation, the Crown alleges.
March 2006 — U.S. Bandidos officials order Sandham to take the rest of the Winnipeg Bandidos and visit Kellestine’s farm in southwestern Ontario to see what is happening with Kellestine “pulling the patches” of the Toronto chapter, according to informant’s testimony.
March 2006 — Sandham, Dwight Mushey, Brett Gardiner and MH - the Winnipeg Bandido turned informant - drive from Winnipeg to Kellestine’s farm. Marcelo Aravena flies to the London airport a few days later as he had a mixed martial arts tournament. The five men stay at Kellestine’s for about two weeks. Frank Mather and his girlfriend are already living at Kellestine’s.
April 7, 2006 — George Jessome, George Kriarakis, John Muscedere, Luis Raposo, Frank Salerno, Paul Sinopoli, Jamie Flanz, and Michael Trotta are called for a meeting at Kellestine’s farm, a two-hour drive away from Toronto. They arrive in four vehicles.
April 8, 2006 — The bodies of those eight men are found stuffed into those four vehicles around a farmer’s field just 14 kilometres from Kellestine’s property.
April 9, 2006 — Police charge Kellestine, Mather, Gardiner and two others with eight counts of first-degree murder. The two other people eventually have their charges reduced to accessory after the fact to murder. One later has charge dropped, other pleads guilty to obstruction of justice.
June 16, 2006 — Sandham, Mushey and Aravena are arrested by Winnipeg police and charged with eight counts of first-degree murder.
Jan. 9, 2007 — Preliminary inquiry begins.
March 27, 2008 — Fire destroys Kellestine farmhouse.
Feb. 23, 2009 — Jury selection begins in trial.
March 31, 2009 — All six men enter not guilty pleas and the trial begins in earnest with the Crown delivering its opening statement.
Sept. 25, 2009 — Jury hears the last day of evidence in the trial as Aravena completes his testimony.
Oct. 28, 2009 at 9:30 a.m. — Jury begins deliberations.
Oct. 29, 2009 at 3 p.m. — Jury returns with verdicts of 44 counts of first-degree murder and four counts of manslaughter against the six men. As the judge thanks them for their service, Aravena raises his middle fingers and shouts obscenities at the jury, then at his own lawyer.
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All shocked by speed with which jury reached verdicts
By KATE DUBINSKI
Last Updated: 30th October 2009, 2:53am
Disappointment, resignation -- even shock.
The reactions of the defence lawyers in the Bandidos trial were as varied as their clients.
After hearing the jury deliver eight first-degree murder verdicts against his client, lawyer Clay Powell, who represented Wayne Kellestine, left the courtroom for a cigarette.
His client had been described as a psychopath and a monster by some of the other lawyers.
"It was a pretty tough case. I've known Wayne before this happened and he's none of those things. He's a farmer from Shedden," Powell said.
"Wayne didn't point any fingers at anybody and the ones that did were labeled rats. That'll cause them some problems in prison."
Up against several accused, lawyers and a Crown who cast their client as the mastermind behind the eight murders, Kellestine's defence team had a tough job.
Kellestine was relaxed as he listened to the verdicts. Powell said he was probably expecting the outcome.
Outside court, OPP Det. Insp. Paul Beesley, in charge of the case, was pleased. "We think justice was served today," he said.
"I want everyone to understand that biker gangs are inherently violent and I think that this trial has given us a glimpse into that lifestyle of the motorcycle gangs. Killing is wrong. It doesn't matter if you're a biker or not. I think the jury recognized that."
No one involved in the case expected the jury to come back so quickly. The six men and six women deliberated 14 hours, after seven months of evidence. "My main concern is how the jury could get through all that evidence . . . in something like a day and a half," said defence lawyer Don Crawford, who represented Michael Sandham, who also was found guilty of eight counts of first-degree murder.
"However . . . I'm prepared to live with the results (but) I wouldn't rule out an appeal."
His client, Crawford said, was "stoic" about the outcome.
Defence lawyer Greg Leslie, who represented Frank Mather, said his client was "almost in a state of shock" and he's starting immediately on an appeal.
"I expected (the jury's deliberations) to go into the weekend. Once I got the call, I had a bad feeling. Mr. Mather is very disappointed," Leslie said.
Mather was found guilty of one count of manslaughter and seven of first-degree murder.
Also disappointed was Brett Gardiner's lawyer, Christopher Hicks, fired after giving his closing address last week in an apparent attempt by Gardiner to save face with other bikers. Hicks had implicated Kellestine in his argument before the jury.
The jury found Gardiner guilty of two counts of manslaughter and six of first-degree murder.
"For Mr. Gardiner, I had higher hopes, so there's disappointment there," Hicks said. Whether he will appeal will be up to his former client, Hicks said.
Dwight Mushey, found guilty of eight counts of first-degree murder, fired lawyer Michael Moon. Moon made no comment.
Defence lawyer Tony Bryant, who represented Marcelo Aravena, also didn't speak to the media. Aravena was found guilty of one count of manslaughter and seven of first-degree murder.
Crown Attorney Kevin Gowdey read a prepared statement, thanking the police, the jury, and the prosecution team.
"We thank the families of the victims for their patience with the justice system," he said.
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Guilty
44 counts of first-degree murder/4 counts of manslaughter
By JANE SIMS, THE LONDON FREE PRESS
Last Updated: 30th October 2009, 3:34am
The final chapter in one of the worst bloodbaths in Ontario history ends with first-degree murder convictions against six Bandidos bikers, more than three years after an eight-man massacre
They're murderers -- all six of them.
After only 14 hours of deliberations, all six men charged with killing eight Toronto-area Bandidos bikers were found guilty yesterday.
Forty-four of the 48 possible verdicts were first-degree murder.
The remaining four were manslaughter decisions.
The verdicts, after a seven-month jury trial, signalled the jury heeded the Crown's argument that all six men knew the deadly intentions on April 8, 2006 and took part either by following a plan or forcibly confining the men before their executions.
The men all face life sentences with no chance of parole for 25 years for first-degree murder. They're to be sentenced today.
The case centred on the conflicts and tensions between the Toronto group that doubled as Bandidos Canada, known as the No Surrender Crew, and the fledgling Winnipeg probationary chapter it sponsored that wanted full status in the biker gang.
There also was conflict with the American world headquarters based in Texas that had ordered the Canadian Bandido operations be shut down because of communications problems and lack of dues payments.
The breakdown in the biker brotherhood led to an ambush at Kellestine's farm where the men were to be kicked out of the club. They paid for the breakdown with their lives.
Their bodies were found stuffed into vehicles abandoned along the quiet Stafford Line in Elgin County, near Shedden.
The 14th-floor courtroom of the London courthouse was hushed as the jury gave its verdicts.
Some of the men in the prisoner's box appeared anxious.
Wayne Kellestine, 60, the local biker with the long reputation, looked over where family members of the victims sat.
Marcelo Aravena chewed his fingers as he leaned over the prisoners' the box. Michael
Sandham, 40, the biker president of the Winnipeg Bandido chapter, heard his convictions first.
On all eight counts, he was found guilty of first-degree murder.
Sandham didn't flinch. While the others stood to await their fates, the former police officer sat in the stall -- a brown paper covering the glass that hid him from the others.
Frank Mather, 36, the quiet red-headed friend of Kellestine's, who was boarding at his farmhouse at the time of the murders. was next.
He was found guilty of manslaughter in the shooting of Luis Raposo, the first to die in the bloodbath, shot dead from the loft by Sandham.
The rest of the verdicts were first-degree murder.
Mather, the jury heard, was one of the men who helped guard the other seven Toronto Bandidos before they were led off for execution.
He stared at the floor.
Aravena, 33, the mixed martial arts fighter from Winnipeg, who wore his Bandido vest with pride after the murders, stood with his hands clasped in front of him. One manslaughter conviction for Raposo's death; on all the rest of the killings, first-degree murder.
Aravena sat down and buried his head in his hands.
Quiet sobs could be heard from a small group of victims' families in the courtroom.
If there was any room left for doubt about what would happen to the last three men on trial, it surrounded the fate of Brett Gardiner, 25. Originally from Calgary, he'd moved to Winnipeg to fast-track his Bandido ambitions.
He was the lookout in the farmhouse the night of the murders, who came out to the barn briefly just as Bandidos Canada president John Muscedere was led out to be shot to death.
The convictions against him: Manslaughter for Raposo's death; manslaughter for Muscedere's death; the rest, first-degree murder.
Gardiner looked up at the ceiling. His eyes reddened.
Dwight Mushey, 41, the Winnipeg chapter's second-in-command, with a black belt in martial arts, appeared calm as his convictions came down. Eight counts of first-degree murder. He bowed politely, like he was respecting an opponent at the end of a match.
That left Kellestine, 60, whose reputation was well-known long before his eight former friends were shot to death.
He nodded slightly at the first verdict of first-degree murder, then was silent for the rest.
Later, he looked over to the reporters covering the case, grinned slightly, cocked his head to the side and shrugged in resignation.
Aravena, Mather, Gardiner and Kellestine asked the jury be polled. All 12 members said they agreed with the verdicts.
Mushey's lawyer, Christian Angelini, told Superior Court Justice Thomas Heeney his client accepted the jury's verdicts are unanimous.
Mushey bowed again with respect.
Heeney thanked the six-man, six-woman jury for their "personal sacrifice" over seven months and attentiveness to the case.
That's when Aravena exploded.
"They're f---ing goofs," he screamed, holding up his hands and making obscene gestures.
"You know some of us are innocent. They're pieces of sh--."
His lawyer, Tony Bryant, tried to calm him down but Aravena continued to wave his arms. "(F---ing) Tony."
OPP officers on the security detail moved into action.
Heeney continued to thank the jury, calling them "truly extraordinary."
"I thank you on behalf of the people of Canada," he said before they were dismissed.
The court took a break. Aravena was removed from the courtroom on Heeney's order, but not before he tried to spit on his lawyer.
Bryant apologized for his client.
The men all face life sentences with no chance of parole for 25 years for first-degree murder.
But the three "non-shooters" convicted of manslaughter must also be sentenced on those counts.
The families of the victims, many who live far away, want to give victim impact statements.
The lawyers for Sandham, Mushey, Aravena and Gardiner asked they be sent to prisons in Manitoba, their home.
Mather's lawyer asked his client be sent to his home province of New Brunswick.
None of the family members appeared before the media afterward.
Some defence lawyers said they were surprised at the speed of the verdicts and are considering appeals.
Elgin County Crown attorney Kevin Gowdey, who led the prosecution team, thanked the jury, police and especially the families.
"While no verdict can turn back the clock for them, we have really appreciated their support during these many months in the face of the great loss that they have suffered," he said.
OPP Det. Paul Beesley, who headed up the investigation, pointed out the trial had international Bandido tentacles reaching the U.S. and Europe.
"It wasn't just a field in Shedden, it was a global enterprise that we were dealing with," he said.
"Clearly the evidence shows that there was some involvement of American Bandidos in Washington state and Texas, too. We hope that justice is served. If that involves other agencies doing investigations, let's hope that's the case."
Both Gowdey and Beesley paid tribute to OPP Det. Sgt. Dean Morrissey, the lead investigator, who died suddenly in January weeks before the case he worked so hard to put together finally went before the jury.
"He was the heart and soul of this investigation and we miss him dearly," said Beesley, his voice breaking.
Kellestine's lawyer, Clay Powell acknowledged his client was expecting the verdicts and was resigned to his fate long ago.
He said Kellestine didn't mind waiting an extra day to be dealt what can only be a life sentence with no chance of parole for 25 years.
"It's another day closer to home," he said.
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Bandidos killer reserves worst insult for jurors
Thursday, October 29, 2009 11:23 PM
"Fucking goofs."
That insult, hurled by killer biker Marcelo Aravena (inset) at the jury that convicted him today of seven counts of first-degree murder, was no small slight. It's one of the most offensive slurs among rounders - regulars in the criminal subculture. Aravena was one of six men convicted in one of Ontario's worst mass murders, the April 8, 2006 slaughter of eight members of the Bandidos motorcycle gang on a farm near London. The victims, who had been shot, were found stuffed into several vehicles.
Aravena's barb, apparently the first words from his mouth after his conviction in the Bandidos mass murder case, according to the Star, is akin to saying: 'You're a worthless, no good, scum-sucking piece of shit who should be killed.' Jurors likely need not take it as a threat though, since in this context Aravena is simply trying to demonstrate his extreme displeasure in the vernacular of his peers. In the right context, disparaging someone with an accusation of 'goof' is a threat and a challenge. There have been at least two murders in Kingston, Ontario, Canada's penitentiary capital, in which that loaded word was a factor.
On March 23, 1991, ex-convict Raymond Bruce, then 44, heavily intoxicated at the time, shot to death Douglas Cranston, 38, inside the Plaza Hotel, what is today Kingston's only strip club. Cranston also had a criminal record. A judge was told that the two men got into a "brutal exchange" in which Cranston called Bruce a "goof" at least twice. After the second insult, Bruce pulled out a handgun and started firing. Bruce pleaded guilty to manslaughter and was sentenced to five years in prison.
On October 26, 1990, Paul David Murphy, then 45, stabbed to death "one of his best friends," Douglas Albert Carroll, 31, during a feud that capped a week-long binge of drug and alcohol taking. Murphy was on early release from prison at the time. He had reportedly been called a "goof" by Carroll. Carroll pleaded guilty to manslaughter and was sentenced to six and a half years in prison.
If you're visiting Kingston, be careful of who's within earshot if you plan to say 'goof' out loud.
Aravena was convicted in the Bandidos massacre along with:
* Wayne Kellestine, 59, of Dutton-Dunwich Township
* Frank Mather, 35, of Dutton-Dunwich Township
* Brett Gardiner, 24, of no fixed address
* Michael Sandham, 39, of Winnipeg
* Dwight Mushey, 41, of Winnipeg
None will be eligible for faint hope – the provision that allows a person sentenced to 25 years to seek a hearing after 15 years to have their parole ineligibility reduced. Multiple killers don't qualify for faint hope. The Tory government wants to repeal the faint hope clause.
The victims were:
Luis Raposo, 41, George Jessome, 52, and George Kriarakis, 28, all of Toronto; Frank Salerno, 43, of Oakville; Paul Sinopoli, 30, of Jackson's Point; John Muscedere, 48, of Chatham, Michael Trotta, 31, of Mississauga and Flanz, 38, of Keswick. They were slaughtered as part of an internal club cleansing that grew out of a feud between two chapters, in Toronto and Winnipeg.
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Trial tidbits jurors never knew
By JANE SIMS
Last Updated: 30th October 2009, 2:53am
In the end, it was what the police always maintained it was -- the internal cleansing of an outlaw motorcycle club.
For more than three years in court, The Free Press has followed the saga of six men brought together under the biker symbol of the Fat Mexican.
The jury in the Bandidos murder trial based its verdicts on what it heard in court. But a lot more -- some of it serious, some of it silly -- went on between the accused, the lawyers and in the courthouse halls. Now, after the seven-month legal odyssey, some of those tidbits the jury never knew can now be told.
---
Brett Gardiner's signal from the prisoners' dock in the courtroom was clear. He pointed to his eye. Then, he moved his hand like a mouth talking.
And then he pointed at me.
It was a tad jarring, but courtrooms often turn into small communities during long trials. Everyone falls into a routine. Everyone keeps the same seat. Everyone recognizes each other.
The accused often looked out at the public for familiar faces. Almost daily, some of the men would wave at me or nod.
There's lots to think about when you're on trial for eight counts of first-degree murder.
So what did Gardiner, the young biker prospect, want? Not wanting to cause concern for the security detail, or raise the suspicion of my media competitors at the trial, I signaled back the accused to talk to his lawyer.
Later, as I walked out of the court, he waved a piece of paper.
"Give it to your lawyer," I said.
Near the coffee lineup after sharing the potential scoop with Free Press colleague Kate Dubinski, Gardiner's lawyer, Christopher Hicks, gave me the piece of foolscap written in pencil.
It was a letter to the editor:
"My name is Brett Gardiner and I was wondering what had happen to the comic strip. I am currently residing at Elign Middlesex detention center, so you have to understand that it gets boring and redundant in this place so please understand that the best part of my day is opening up the today section of your paper and reading your comic strips mostly the De-flocked strip. I love reading that stupid sheep and I keep all the one's that I get my hands on, but know I have ordered your paper for one of those reasons. So please consider returning the comic's as they where .
Sincerely
Brett Gardiner.
I passed on Gardiner's request to senior Free Press editors.
---
Gardiner was portrayed at the start of the trial as a voracious reader, but by the end was held out as a man who thought pickles grew on trees.
He had one fan, a community college teacher, who came to court often. She said she was writing a book about him. When it was discovered she was sending him romantic novels without permission, she was banned for a short time.
---
Gardiner wasn't the only man on trial who wanted to talk to The Free Press. Wayne Kellestine also wanted my attention, a few days after the Crown's star witness had told the jury about what happened the night the Toronto Bandidos were shot to death. Kellestine's lawyer, Clay Powell, approached me with a request: "Wayne wants a copy of Saturday's paper," he said. "He wants to see what you wrote."
I got a copy of the paper to the lawyer, but then came another request from Kellestine, delivered personally over the rail of the prisoners' box as I was leaving court.: "Do you think The Free Press would give me a complimentary 30-day subscription?" he asked with a smile.
Powell arranged a paid subscription.
---
There were lots of complaints over the years as the men wended their way through the court system -- about the hard benches, the rate at which evidence was disclosed and more. They didn't like the food, either.
On the first day of pre-trial motions, the roast beef sandwiches brought in from the jail were deemed spoiled.
Superior Court Justice Thomas Heeney allowed the men to eat Covent Garden Market sandwiches (bought by their lawyers) in the prisoner's box, after getting no food in the courthouse cells during the lunch break.
An application was made to allow lawyers to bring in food for the accused. A bid was even made to make a jail-issued ham sandwich an exhibit to show it didn't have enough meat.
The accused were sick of the ham sandwiches they got for lunch in the court cells. But security had spotted one of them on video-tape, flushing some meat down the toilet.
The application was dropped.
---
For a time, some defence lawyers refused to be searched by the OPP security detail.
Eventually, there was an agreement the lawyers wouldn't be searched as long as they didn't touch their clients.
Only lawyer Tony Bryant objected. He asked to be searched so he could shake hands with his client, Marcelo Aravena, to make him seem more "human."
---
There were various mentions in evidence of the men eating a lot of pizza at Kellestine's farm.
The jury didn't know how the pizzas were found, nor their importance to the evidence. The pizzas came to the farm after some of the men had gone to a nearby native reserve to steal a trailer they believed had illegal cigarette inside. To their surprise, it wasn't smokes they found but 200 frozen pizzas, some carted back to Kellestine's.
During that trip, Sandham's truck bumper was scraped -- a tell-tale mark that would become part of the evidence.
---
The toughest days in court were when grieving families were there. In the early going, some came often and would return for key evidence. Some would even testify. One was Joe Muscedere, brother of Bandidos Canada president John Muscedere, who described a phone chat he had with Kellestine after his brother went missing and was suspected dead. Jurors never heard how he met Kellestine years earlier: " 'Hi, I'm Wayne Kellestine. I sell drugs and I kill people.' "
---
The atmosphere was tense when M.H., the Crown's star witness to the shootings, testified in exchange for witness protection and immunity. There were hard stares from the accused and a lot of note-taking. Once, M.H. couldn't go on because of chest pains and needed a CAT scan.
Aravena, who sometimes appeared to be asleep, was caught one day by OPP Const. Dean Croker doing more than just listening. Croker was part of the courtroom security detail. He reported he saw Aravena give M.H. the finger, by putting his middle digit up to his nose as if scratching it. He was also seen making a hand gun signal. "If it continues, steps will have to be taken," the judge said.
---
The jury never heard both the Winnipeg and Toronto Bandidos were trying to start up illegal drug businesses. They failed.
---
Powell, 73, a courtroom veteran, predicted when the jury was chosen in March the case would drag on until Halloween. Everyone, including the judge, scoffed. Seven months, more than 70 witnesses and 500-plus exhibits later, the end of October arrived and the trial ended. "I told you so," Powell said.
-------------------------------
Bikers get life sentences amid families' palpable grief
Bandidos bikers on trial for eight counts of first-degree murder. Clockwise from top left: Michael Sandham, Marcello Aravena, Frank Mather, Wayne Kellestine, Dwight Mushey, Brett Gardiner.
Victim-impact statements leave many in tears as six convicted killers given prison terms
Amid a tide of anguish that left many in the courtroom weeping, six outlaw bikers convicted of murdering eight men were each sentenced to life in prison Friday.
The grief flowed from victim-impact statements read to the court before Mr. Justice Thomas Heeney sentenced former Bandidos members Wayne Kellestine, Michael Sandham, Dwight Mushey, Frank Mather, Marcelo Aravena and Brett Gardiner.
A day earlier, the six were convicted by a jury on 44 charges of first-degree murder and four of manslaughter.
Before being handed the automatic penalty of life, two of the killers turned to the 20-plus bereaved relatives of their eight victims and voiced remorse.
“I truly am sorry for what I’ve put you through,” Mr. Aravena said.
“I know that nothing I can say will bring your loved ones back, but I did not know this was going to happen.”
Mr. Gardiner simply said: “I apologize to the families.”
In all, 25 victim-impact statements were filed, and six read out in the packed courtroom.
“This senseless, unbearable act took away the peace, comfort, security, hope and dreams not only from my family but from all the families,” said Marilyn Di Florio, the mother of victim Frank Salerno.
“We will never understand this brutality that happened.”
Because all six defendants were convicted on multiple counts of murder, they will have to serve at least 25 years behind bars before seeking parole.
All were also ordered to supply DNA samples to authorities. As well, they will be subject to lengthy or permanent bans on owning firearms if and when they eventually go free.
All the defendants and victims were full-patch members or associates of the Texas-based Bandidos motorcycle gang, which had two chapters in Canada at the time of the April 2006 murders – one in Toronto and one in Winnipeg.
Slain were Mr. Salerno, John Muscedere, George Jessome, George Kriarakis, Luis Raposo, Paul Sinopoli, Jamie Flanz and Michael Trotta, all from the Greater Toronto area. The six killers were mostly drawn from the Bandidos’ probationary chapter in Winnipeg.
The jury’s verdicts Thursday, following just 14 hours of deliberations, came 31/2 years after the killings, and seven months after the trial began in a heavily secured 14th floor courtroom in downtown London.
Prosecutors successfully made the case that the murders stemmed from a power struggle between the two Canadian chapters, and that the rivalry exploded into violence when the parent Texas group ordered the Toronto Bandidos stripped of their membership.
Before sentencing the men for what he described as “horrific acts of violence,” Judge Heeney acknowledged the bereaved relatives’ “eloquent outpouring of grief, which says everything.”
Her voice trembling, Tereasa Muscedere, Mr. Muscedere’s 24-year-old daughter, was in tears as she told the court that losing her father had left her alone, frightened and confused.
“The six accused did not only take eight men,” she said. “They have taken away a piece of my soul … I will have a lifetime of suffering to do.”
Mr. Muscedere, the Bandidos’ Canadian president, was the second to die in the slaughter at Mr. Kellestine’s farm and the first of three to be shot by Mr. Kellestine, who looked on with seeming indifference as Ms. Muscedere read her statement.
Next up was Vickie Kriarakis, mother of George Kriarakis, who died reciting the Lord’s Prayer, the trial earlier heard. Shot seven times and grievously wounded in the abdomen before finally being taken out to his car and executed, Mr. Kriarakis probably suffered more than any of the other victims.
On the day he died, “my heart stopped, my joy was replaced by utter dismay,” his mother told the court. “He was the son that any mother would want to have … As I stand in front of you, all hope is gone.”
The address by Ms. Di Florio, Mr. Salerno’s mother, was particularly eloquent.
“During the evidence of the wiretap conversations I continually heard the expressions love, loyalty and respect, apparently a mantra of the Bandidos club,” she said.
“Where was the love, loyalty and respect on the night of April 8 when our loved ones were ambushed and murdered by their so-called brothers? How two-faced, disloyal and full of deceit, how cowardly those killers were. They shattered our lives forever.”
The three shooters in the massacre – Mr. Sandham, Mr. Mushey and Mr. Kellestine – said nothing.
-----------------------------------------
Abandoned Bandidos massacre scene is a haunting place
A Confederate flag still hangs in Wayne Kellestine's empty barn, where eight outlaw bikers awaited their deaths
As night falls across surrounding corn fields and pasture, the abandoned farm where eight outlaw bikers were shot to death more than three years ago is a spooky place.
Along Aberdeen Line, a half-hour drive west of London in the municipality of Dutton/Dunwich, carved pumpkins and other Halloween fare decorate the neat homes dotted up and down the road.
But in their midst are what's left of a real house of horrors, the long-time lair of Wayne Kellestine, the most notorious of six Bandidos motorcycle club members convicted yesterday of murdering eight of their brethren.
It was at the Kellestine farm that the killings took place in April, 2006.
One of the eight died in a gun battle, the trial heard.
But all the others were held captive overnight in the huge barn adjoining the farmhouse before being taken out to their cars at intervals, forced inside and shot dead.
Then their bodies were hauled a short way up Highway 401 to the nearby hamlet of Shedden, dumped and almost immediately discovered.
From a few hundred metres away, the crime scene looks like any other Ontario rural property on a late fall afternoon: Rolling fields, a clutch of buildings, cows grazing in the distance.
But up close, inside the wire fence and double-padlocked gate that encircle the property, it feels decidedly more sinister.
Local residents give the place a wide berth.
Plenty had a passing acquaintanceship with Mr. Kellestine during the 19 years he lived here up until his arrest, 36 hours after the murders.
“He didn't bother us too much most of the time, but everybody knew he was trouble, there was often biker types around, and there was always talk that he had killed people,” said a retired farmer, who like other neighbours was adamant his name not be included in any article about Mr. Kellestine.
Inside the compound, padlocked shut by the Municipality of Dutton/Dunwich after a lien was placed on the property in lieu of unpaid taxes, is a tableau of decay: A thicket of waist-high grass, a rusting red tractor, children's swings and toys, a listing flag pole.
Gone is the farmhouse, centrepiece of the 50-acre property for which Mr. Kellestine, now 60, paid $50,000 in 1987.
His live-in girlfriend Tina Fitzgerald and their young daughter were allowed to return there and live after police spent weeks combing the property.
But 18 months ago the house caught fire – from careless smoking, neighbours say – and earlier this year it was demolished.
Now Ms. Fitzgerald and her daughter live in a rented apartment in nearby West Lorne.
Three other structures, however, still stand: A mobile home on wheels, in which bikers have been seen staying, although not recently; a tumbledown garage; and the enormous post-and-beam barn that was the main venue of the massacre, towering above the flat farmland.
On its north wall, easily visible to anyone driving along Aberdeen Line, is a white, circular emblem displaying a fist clutching a black-and-red dagger redolent of a swastika; the logo of the Annihilators, a long-gone biker gang to which Mr. Kellestine once belonged.
Inside the barn, where the Bandidos prisoners lay on the floor for hours before being executed, is a vast dusty jumble of old furniture, farm machinery and other detritus.
And still on one wall hangs a large Confederate flag.
Now 60 and facing at least 22 more years behind bars, its owner is unlikely to see any of his stuff again.
And no one from around here is going to miss him much.
“Time to put this all behind us and move on,” said an auto mechanic who lives up the road.
“It was bad but it's over.”
-----------------------------------------------
Book on massacre available already
Author suggests the bikers were killed to avoid all-out war with Hells Angels
By BY RANDY RICHMOND
Last Updated: 31st October 2009, 4:09am
The ink on the verdicts is barely dry, but the first book about the Bandidos massacre has already hit store shelves.
The book also drops what's bound to be a controversial bombshell.
The Fat Mexican: The Bloody Rise of the Bandidos Motorcycle Club, by Alex Caine, proposes that the killings of eight bikers may have been a sacrifice by the Bandidos to avoid an all-out war with their rival, the Hells Angels.
Why? Because one of the dead, Jamie Flanz, inadvertently took a $300,000 shipment of cocaine in Toronto that belonged to the Hells.
The Crown's star witness in the just-finished trial, publicly identified under court order only as M.H., may have still been working for the Hells Angels and helped accomplish the deed, Caine writes.
Neither Caine nor his publicist at Random House Canada
could be reached yesterday.
According to his biography, Caine was raised in Quebec and ended up on a military tour of Vietnam, followed by prison time for marijuana possession. He then became a contracted agent for police forces around the world, infiltrating criminal groups.
Caine told the story of his undercover work in the 2008 book Befriend and Betray. One of the groups he infiltrated during his career was the Washington State Bandidos.
The Fat Mexican, referring to the Bandidos logo, is one of at least two books about the killings.
The release of The Bandidos Massacre: A True Story of Bikers, Brotherhood and Betrayal was waiting for the end of the trial, its author, Peter Edwards, said yesterday.
His book focuses in part on how two longtime friends, Wayne Kellestine and John Muscedere, ended up on opposite sides of the Southwestern Ontario massacre in April 2006, Edwards said.
"It's kind of like Cain and Abel on Harleys," said Edwards, a Toronto Star investigative reporter and author of several books.
"The first person he (Kellestine) killed that night was his best friend."
-------------------------------------
'The best-laid plans . . .'
By JANE SIMS
Last Updated: 31st October 2009, 4:42am
SHEDDEN -- Eight men slain, their bodies stuffed into vehicles abandoned along a rural road after one ran out of gas. It wasn't just the getaway plan from the Bandidos executions that went astray. So did the peace and quiet of the farm couple on whose land the dead were left, The Free Press's Jane Sims reports.
The silk flowers around the white cross at the side of Stafford Line are faded and wind-blown.
Only six of the eight smaller crosses, once attached to a small fence in front of the cross, still mark the place where the bodies of the No Surrender Crew were abandoned, stuffed into vehicles after being shot to death over biker power and failed loyalties.
All signs of violence on the idyllic wooded property, not far from Shedden, have vanished.
So has any hint of the hordes of police who descended there April 8, 2006, after Mary and Russell Steele made the first calls to 911 about unfamiliar vehicles left on their property.
The sign on the large white cross has the name George written in Greek, remembering George Kriarakis, a Toronto Bandido. His family asked to put it there and the memorial grew.
An empty beer can sits in a flower pot of long-dead mums. Sometimes, the Steeles have found beer cases there.
"Occasionally, we have people come and toast these guys," said Mary Steele, who has become something of an unofficial tour guide for the grieving families and the gawkers.
Three years ago, not long after the eight men were found shot to death near the site, the memorial was "quite large," she said,
As time passes and memories fade, the plot of sadness has shrunk.
Long gone is a blue spruce tree planted shortly after the bodies were found. So is the Doug Gilmour Toronto Maple Leafs hockey jersey, left there to remember the dead.
The floral tributes are smaller. The streams of cars that once passed by and stopped at the memorial have dwindled to a trickle of three or four a month.
On a fence post beside the cross, "Dearly Missed" can barely be read on the old wooden board nailed near the top. It's the same for the message left on the top of the cross: "R.I.P All."
---
Mary Steele sat at the same kitchen table beside the window, looking out to the road, where she and her husband were that April morning the Bandidos' bodies were discovered.
On this bright fall day, Russell Steele is out farming, part of the annual rush to harvest before the cold winds of winter descend.
The Steeles are practical, down-to-earth farmers who only moved to the place in 2005.
After a long and successful run in the dairy farming business near Kintore, north of Woodstock, they decided on a change of scenery.
They found the Stafford Line property with its charming, newer house, a heated workshop, a 20-acre woodlot, a farm pond that can be lit up for soothing summer scenery or skating parties in the winter and its almost impenetrable security system.
They met new neighbours and fell back into the regular routine of watching familiar cars drive along their gravel road, and giving a wave.
"You always did talk to people," she said about their deep-seeded rural roots.
But after what happened along the road that morning in 2006, Mary has taken a more reserved approach.
"Often times, I will be out cutting lawns and I'll have people stop and talk to me," she said.
And many times, people come with an agenda.
Before offering up any information, Mary said she takes their business cards and searches them out.
"I've heard three or four books written, rumours of a movie," she said. She heard about people wanting to hawk T-shirts and memorabilia.
For a while, Steele said she would try to predict who was in the cars depending on the day.
On a Friday, she said, she might see three black cars driving closely past the place. "I'd think, 'Oh, it must be lawyer day,'" she said.
For a time, her ears would perk up when she'd hear a motorcycle.
One day a car with four women stopped by. One said she once owned Wayne Kellestine's, property 14 km away, where the eight men were shot to death.
There were many others -- some just curious, others seeking some peace.
Some of the families of the dead introduced themselves to Steele.
"Here were families that I felt such sorrow for them. You still feel for their sons, their husbands . . They still lost somebody who was dear to them," she said.
But the first people to ever look closely at the spot where the bodies were found were the Steeles -- and Mary admitted she has had some reservations about stopping to look at an abandoned car again.
---
On that frosty Saturday morning in April, the Steeles got a phone call from a neighbour after he'd delivered a newspaper to a nearby home.
He'd seen strange cars in their bush, they were told.
The Steeles drove down to where victim Michael Trotta's rented Grand Prix had been backed down a deep ditch and into a grove of thorn trees.
Up the road was a Superior Towing truck with a Toronto phone number on the side and victim Luis Raposo's VW Golf hooked on the back.
"Even when we went out there, we thought a bunch of guys had been partying," Mary said. But the tow truck threw them off.
They went back to the house and called 911 with the licence plate numbers.
"Curiosity got the best of us," Steele said, and the couple drove back to the road and eventually found Jamie Flanz's Infiniti SUV in a field beside their property. Steele's husband walked up for a better look at the licence plate.
"Rusty's up there and he's yelling out the number. I thought the guys were going to pop out of the vehicle," she said.
The windows were frosted over. He never walked around the SUV.
If he had, he might have had a close-up view of the three dead men inside.
Because they never did see any body up close -- a blessing, Mary said -- they can both sleep peacefully at night.
After the police came and the Infiniti's hatch was lifted, Mary said they could see what they thought were two people in the back.
It was the large body of Paul Sinopoli, who weighed more than 400 pounds.
Then the Steeles heard the police say there were more.
---
The police came in droves once the news spread that what had happened on the Stafford Line was more than just a few cars left behind after a party.
"The amount of police procedure I learned from this is something I never wanted to know. I've got lot more respect for police than I ever did," Mary said.
They found out quickly the long reach of the media. The Steeles went to a neighbouring house for about an hour as police began searching the property. They came back across the police line to retrieve their old deaf dog. There were 56 messages on their phone, including one from the BBC.
The Steeles didn't know the body count had grown to eight, but the World Wide Web did.
Two SWAT teams had assembled on their lawn and about 150 police officers came and went. Helicopters passed overhead. The Steeles called their daughters to make sure they knew their parents were safe.
"It just seemed you were in some sort of a movie," she said.
They feared who left the bodies there, and didn't want them to come back. The police stayed close and assured them they were safe. "Things are going to be okay. We think we know who's done it. And we're going to have arrests."
That night, Mary said, as she lay in bed with the police outside, she thought she was "in the safest place in the world.
---
Before April 8, 2006, the Steeles knew nothing about the neighbourhood legends of Wayne Kellestine or the Bandido motorcycle club. Their only brush with the media had been when two OPP officers helped Mary with a calving years earlier.
Their only presence on the Internet was for a renowned dairy cow they raised and sold, named Stelbro Renita Ranger.
People ask them now if they're going to put up a museum or how they're going to cash in. They're not interested.
As the Bandidos trial where she testified ended, Mary said she had no need for closure -- the couple had no connection to the men on trial, nor to those who died.
Neither does the rest of the nearby community, who have gone back to their routines.
"They're bikers. The bikers are the murderers. The bikers are the ones who died," Mary said. "And the people are kind of 'so what?'"
The Steeles, she said, were just innocent bystanders "going through the everyday pattern of life."
They do have one plan: They're putting the property up for sale -- not because of what happened there, but because Mary's aging parents need her closer to their home.
When she does think about the circumstances surrounding the deaths of the Shedden Eight -- the internal politics, the violent solution, the senseless loss of life -- she thinks about her dad.
He's a fan of the Scottish poet Robbie Burns and would often quote him while milking. "The best laid schemes o' Mice an' Men, Gang aft agley."
"The best laid schemes of anybody often go astray," Mary said. "And this is what's happened to these fellows."
---
THE SLAIN
George Jessome, 52; George Kriarakis, 28; Bandidos Canada National president John Muscedere, 48; Luis Raposo, 41; Toronto Bandidos chapter president Frank Salerno, 43; Paul Sinopoli, 30; Jamie Flanz, 37; and Michael Trotta, 31.
THE CONVICTED
Wayne Kellestine, 60, and Frank Mather, 36, of Dutton-Dunwich; Brett Gardiner, 25, of no fixed address; Michael Sandham, 40, Marcelo Aravena, 33, and Dwight Mushey, 41, all of Winnipeg. All were convicted of eight counts of first-degree murder except Gardiner, found guilty of six counts plus two counts of manslaughter, and Mather and Aravena, each of whom was found guilty of seven counts of first-degree murder and one of manslaughter.
----------------------------------------------
'I pray for vengeance'
The killers got life sentences with no parole chance for 25 years
By JANE SIMS
Last Updated: 31st October 2009, 4:08am
They were sons, fathers, uncles and brothers.
Their families loved and miss them.
They were bikers -- proud members of the Bandidos brotherhood, murdered on Wayne Kellestine's Southwestern Ontario farm during in an internal club power struggle three years ago.
Yesterday, a day after 44 first-degree murder and four manslaughter convictions came down, the killers were sentenced in court in London to mandatory life terms in prison with no chance of parole for 25 years.
But first, the court heard six of 24 victim impact statements from the grieving families.
As they listened, two of the killers, Brett Gardiner and Dwight Mushey, stared at the floor.
Wayne Kellestine -- "a thug of the first order," as one bereaved mother said, and on whose farm the massacre took place -- listened intently.
Frank Mather stared straight ahead.
Marcelo Aravena leaned back and looked at the ceiling.
Michael Sandham wiped away tears.
The families sobbed.
----
John Muscedere was the rock in his family's life.
He loved "to sing Italian music, train young kids to box," said his daughter Tereasa Muscedere, 24.
"He loved God, he raised all of us to love and respect."
He was a caring son to his parents. And a loving father to his kids.
Tereasa told the court it was like a black cloud descended over the family after her father, the Bandidos Canada president, was murdered.
Muscedere's father died a year after he did, a day after he visited his son's grave. Her grandmother had already cried "365 days straight."
Then Tereasa's young daughter was badly hurt in a car crash that left her with a catastrophic brain injury. Tereasa described how difficult it was to face her daughter's long recovery without her father's love.
"My daughter will never remember the tickle of my father's moustache or the way she loved to jump on the front of his Harley and pretend it was hers," she said. "She will always remember his picture, but never his touch."
She said she faces a lifetime of suffering. "I believe it is their time to suffer," she said about her father's killers.
Outside court, Tereasa said she has some satisfaction now at the close of the case.
"I feel that today justice was served in the courtroom and now I'll pray to God for vengeance and, in the same breath, ask him for forgiveness."
---
"The day of my greatest joy," said Vickie Kriarakis, was 31 years ago when her son George was born.
"I saw the world in his eyes and I knew his future was limitless. Her "special gift" was taken away April 8, 2006.
He was, she said, "the son that any mother would want to have." His "outer and inner beauty were stolen by these men here who all played a pivotal role in my son's death and who had no respect for human life and freedom."
Kriarakis said she and her family didn't know about her son's Bandido affiliation until after his death. She said he was recruited by men "who preached loyalty, respect, honour and brotherhood and who, instead, practised betrayal, disrespect, indignity and hatred."
No mother should live as she does, she said. Often, she wakes up in the middle of the night "and I see the terror in his eyes."
She still expects to hear her son's voice on the phone, or sees him to walk through the door, smiling and laughing. Within a year, Kriarakis's family saw him married, then buried. "I am begging for these men, my son's killers, to be held accountable for their crimes and for justice to be served for the murder of my son," she said.
-----
George Jessome's brother, Kevin Jessome, came all the way from Prince Edward Island to give a tribute to his brother -- a man who loved to play the guitar and bingo and make people laugh.
The tribute came with a poem directed at the murderers, telling them the Jessome family's loss is great.
"Came the day in his life when he met you all.
I believe he called you all brothers, I recall.
I wonder what's the true meaning of a brother as I write.
To me a brother will protect your for life."
Assistant Crown attorney Brian White read comments from Robert Jesso, another brother, who wrote their mother "sees her dead son every night in her nightmares and for her firstborn son every day. It would be fitting for his killers to see the same in their dreams when they get to their new homes," he wrote.
-----
Marilyn DiFlorio, mother of Frank Salerno wanted "to let the world know that Frank had a family that loved him and loves him still."
"Your Honour, I know when this tragedy occurred, many ignorant individuals expressed the opinion that the world was a better place with eight less bikers. This deeply saddened me, because Frank was my son."
He was, she said, "an intelligent, compassionate and sensitive human being," loyal to his friends and loving to his wife and baby son who was only eight weeks old when his father died. "That is all he ever wanted in this life, to have a family of his own to raise and be proud of," she said.
Salerno was "overcoming his struggles" and she was "proud of him for that."
She received the news of his violent death as she stepped off a plane in Switzerland to start a vacation with her daughter.
"We will never understand the brutality that happened. Frank and his friends who died with him were so undeserving of this wicked act."
She said Kellestine is "morally craven, maliciously egotistic" and "a thug of the first order."
Michael Sandham and Dwight Mushey also fall within this category," she said.
"None of these killers should ever be released into society again," she said.
Michael Trotta's sister, her full name not released, said her brother was "denied the right to life."
He was "a free spirit," funny, compassionate and outgoing, she said.
On the night before his death, he and his fiance took photos of him with his son on new furniture they'd bought for their house. They used the pictures to help police identify him through the clothing he wore.
The grief, the fear, the constant media frenzy, took a toll on their family. Trotta's father died within a year of his son.
The family is haunted by how Trotta died. "We can only imagine what he was thinking," his sister said, "What he was feeling as he was forcibly confined by men armed with weapons on a remote farm within a fenced yard, in a cold barn, surrounded by others who were wounded and dying, knowing that his own death was imminent."
Trotta's sister asked for justice for her murdered brother and for her shattered family.
-----
Each murderer was asked if they had anything to say before sentencing.
Aravena, who called the jury "goofs" after he was convicted, tearfully apologized to the families.
"I truly am sorry for what you are going through," he said. "I'll tell you I didn't know this was going to happen, I'll promise you that."
Gardiner also wanted to speak. "I apologize to the families," he said.
All six were dealt concurrent life sentences with no chance of parole for 25 years. Aravena and Mather also were sentenced to 10 years for manslaughter, to be served concurrently. Gardiner received two, 10-year manslaughter sentences on top of his life term.
Sandham, Mather, Mushey and Kellestine declined to say anything.
Superior Court Justice Thomas Heeney said he wouldn't comment on "the horrific acts of violence" that brought them all to court. The "eloquent outpouring of grief" sufficed.
Along with weapons and DNA orders, Heeney said he would recommend Sandham, Gardiner, Aravena and Mushey -- the Winnipeg chapter of the Bandidos -- be transferred to a prison in Manitoba.
Mather would be sent to New Brunswick.
All six men left the courthouse for the last time, to begin new lives behind prison walls
---------------------------------------
In the end, Kellestine knew he had lost
By JANE SIMS
Last Updated: 31st October 2009, 4:09am
The once-mighty Kellestine homestead, long feared and legendary, has fallen apart.
The intercom that acted as a gatekeeper at the crumbling, big stone gates by Aberdeen Line is pulled out of its moorings. The rutted gravel driveway is starting to grow over. The house, once filled with Wayne Kellestine's eccentric memorabilia, is gone, destroyed by fire. A small recreational trailer with a satellite dish is parked on the lawn. Some cattle graze lazily in the pasture nearby.
But the barn remains intact -- the ghostly reminder of where eight men, once close friends of Kellestine's, spent some of their final moments before their murders.
I wondered sometimes, during the seven months I sat in the same courtroom as Kellestine during the Bandido trial, what he was thinking when the courtroom was allowed to look at photos of his house, his barn, his shed and his property and listened to how he lived not far from Iona.
I'd sneak glances at the man, now convicted as a mass murderer, looking at his video screen while lawyer discussed his arsenal of guns, the Potty Mouth Jar on the shelf, the general clutter and disarray around the property.
That was his world. The biker world.
He loved it. He was proud of his patch and brotherhood. He called his fellow bikers his brothers. He had a vision. And then it all fell apart.
And he became the perfect partner for a Winnipeg Bandido up-and-comer, ex-cop Michael Sandham, who also had a plan for power a province away, but needed a someone to carry out his dirty work.
Sandham was the match. Kellestine was the spark.
Through every version of testimony about what happened on April 8, 2006 -- from biker turned informant M.H., the lying Sandham, and the newbie Bandido. Marcelo Aravena -- the only clear string that ran through the whole mess was based in a preposterous plan that had no chance of succeeding.
I couldn't get my head around why Kellestine could shoot his old friend John (Boxer) Muscedere, the Bandidos Canada president, over membership in a so-called brotherhood.
If there is a hero in this mess, it was Boxer, the target of much of the wrath, who stood up and begged to be shot first, perhaps hoping his death would satisfy the power intentions and save the rest.
But once one died, all had to die. Kellestine had said it as he was winding up his murderous troops.
And even he understood later how he overestimated his response.
"I got f---ed and I f---ed," he said during a phone conversation.
Even after all the legal wrangling, there wasn't much question this case was a slam-dunk for the Crown -- an indication as to why it only took the jury 14 hours of deliberations over two days to sink all six men on trial.
There will be questions about the cost of this case, and why it took so long.
And there will those who will wonder if it was worth making an immunity deal with a man who should have been sitting in the prisoners' dock with the others.
M.H., even though he spoke up to police, was as culpable as the rest. He knew of the plan, he held the prisoners at gunpoint before their executions, witnessed George (Pony) Jessome's execution, helped dump the bodies and destroyed evidence.
The Crown's circumstantial case without him, was enormous. But what M.H. did was lead the police to other evidence and added the necessary context to lock up the rest.
While some of the men -- the non-shooters -- appeared chagrined and pathetic when the verdicts were read, all eyes turned to Kellestine, the local biker legend, well-known to police, who had used up the last of his criminal nine lives.
He, just like everyone else in the courtroom knew, what the outcome would be.
Kellestine looked over at the reporters he recognized and as polite as he had been throughout his lengthy jury trial, he shrugged his shoulders in resignation.
He knew what was coming. He knows where he's going.
And he knows what he lost.
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Oct 30
Bikers guilty of massacre
Posted by Reporters in Labels: Bikers guilty of massacre
"Do me. Do me first. I want to go out like a man."
THE VICTIMS
John 'Boxer' Muscedere, 48
Luis 'Porkchop' Raposo, 41
George 'Pony' Jessome, 52
George 'Crash' Kriarakis, 28
Frank 'Bam Bam' Salerno, 43
Paul 'Big Paulie' Sinopoli, 30
Jamie 'Goldberg' Flanz, 37
Michael 'Little Mikey' Trotta, 31
Six members of a Canadian motorcycle gang have been convicted of murdering eight fellow bikers found shot to death in deepest Ontario. John "Boxer" Muscedere told his killers: "Do me. Do me first. I want to go out like a man." Muscedere, who was betrayed by his best friend Wayne Kellestine, was one of eight men shot dead in a barn in Ontario. Their bodies were found on 8 April 2006 in three cars and a tow truck which had been dumped in a field near the town of Shedden, 14km (10 miles) from where they had been killed. Ironically several of the men - suspects in another murder case - had been under surveillance by the Ontario Provincial Police only hours earlier. All eight were associated with the Bandidos, one of North America's most notorious biker gangs and second only in power to the Hells Angels worldwide.
The motive for the bloodshed lay in a deep schism that had developed within the Bandidos' Canadian chapters. The victims were members of the Toronto chapter, who were sponsored by the gang's Scandinavian wing but were not recognised by the Bandidos' head office in Texas. Peter Edwards, a journalist with the Toronto Star and expert on the case, explained: "There was a chapter based in Winnipeg, Manitoba, who came under the auspices of Toronto. "But Winnipeg were not granted full patches by Toronto. They effectively had no job security and they grew really frustrated." The killers were led by Michael Sandham, a former soldier and police officer who became president of the Winnipeg chapter. He tried to claim that he had actually been working undercover for the police, but was unable to explain why he had initially denied being at the scene. Sandham was helped by Kellestine, an Ontario native who was allied with the Winnipeg chapter. The victims were lured to their deaths in his barn, after being told they would meet to settle their grievances. When police arrived, they found blood smears and pieces of flesh amid the detritus of a biker party - beer bottles on a table and Confederate and Nazi flags hanging on a wall. Kellestine and five of his buddies were arrested. Three years later they finally went on trial. The star prosecution witness was another Bandido, known only as MH, who testified about the events leading up to the killings. MH, who hailed from Winnipeg, told the court the original plan was to "pull the patches" of the Toronto members, effectively throwing them out of the Bandidos.
But Kellestine then decided they would have to kill all eight.
MH described a messy and farcical situation in which Kellestine frequently changed his mind about whether or not to let his rivals live and at one point allowed Muscedere to call his wife as long as he "didn't say anything stupid". He broke down as he described the stoic reaction of one of the men, Frank "Bammer" Salerno. "Bammer went to shake my hand. I didn't do it," said MH.
THE KILLERS
Wayne Kellestine, 60
Michael Sandham, 39
Dwight Mushey, 41
Marcelo Aravena, 33
Frank Mather, 35
Brett Gardiner, 25
MH said Kellestine had been promised that in return for carrying out the killings he would be named Canadian president of the Bandidos and could start up his own chapter based in nearby London, Ontario. But Mr Edwards, who has covered the trial, said the killers were disorganised and bungling. "They were at the very bottom rung of biker gangs. Some were in their 40s but still lived with their parents. They were not making any money, many of them had been rejected by the Hells Angels and half of them didn't even own a motorbike," he said.
Mr Edwards says they were forced to dump the cars with the bodies in because they were "too cheap to buy enough gasoline". "They didn't even set fire to the bodies or the cars," he says.
The massacre, and Thursday's convictions, have left the Bandidos effectively defunct in Canada. According to Mr Edwards, there is very little public sympathy for the victims because they were bikers, and Canada has seen a lot of biker wars in the past.
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November 10 2009
Four Men Convicted in Bandidos Murder Trial Launch Appeals
Four men convicted in the mass slayings of eight men associated with the Bandidos biker gang have declared their intent to appeal their ``unreasonable'' and ``perverse'' convictions.
Wayne Kellestine, Dwight Mushey, ex-police officer Michael Sandham, Marcelo Aravena, Frank Mather and Brett Gardiner were convicted late last month of 44 counts of first-degree murder and four counts of manslaughter.
Kellestine, Mushey and Sandham were all found guilty of eight counts each of first-degree murder. Mather and Aravena were found guilty of seven counts each of first-degree murder and one count each of manslaughter and Gardiner was found guilty of six counts of first-degree murder and two counts of manslaughter.
They were all sentenced to life in prison with no chance of parole for 25 years.
Sandham, Mushey, Mather and Aravena have each filed inmate notices of appeal. Sandham and Aravena indicate they want to appeal their convictions, while Mushey and Mather write they wish to appeal their convictions and sentences.
``The 48 verdicts were perverse and make no sense,'' Sandham wrote in his notice of appeal, dated the same day the six men were sentenced in London.
Sandham also alleges the trial judge, Ontario Superior Court Justice Thomas Heeney, made several errors, including in his charge to the jury, the use of circumstantial evidence and not allowing self-defence.
Sandham admitted shooting one of the men, Luis Raposo, and Sandham and his lawyer suggested it was an accident, or alternatively, self-defence.
He also appears to take issue with the jury's deliberations, noting in his notice of appeal that although the judge's charge to the jury spanned two days, and that jurors heard from more than 70 witnesses and saw more than 500 exhibits, they returned verdicts after 1 1/2 days.
The six men were portrayed at trial as power-hungry schemers or wannabes gunning for status in the outlaw motorcycle club. The killings were preceded by months of rising tensions between the Toronto Bandidos, to which the deceased men belonged or were associated with, and the probationary Winnipeg chapter.
The bullet-ridden bodies of the eight men were found on April 8, 2006, stuffed into four vehicles on and around a rural property near Shedden, just kilometres down the road from Kellestine's farmhouse.
It's believed to be Ontario's largest mass slaying.
``The verdict was unreasonable and unsupported by the evidence,'' writes Mather, who also alleges he was ``wrongfully'' deprived of his lawyer of choice, when that person had to be recused.
In his inmate notice of appeal Aravena suggests several grounds of appeal.
``The trial judge erred by ruling that I could not advance the defence of duress,'' he writes.
In addition, Heeney erred by ``improperly restricting the cross examination of the main Crown witness,'' Aravena alleges, likely referring to a man who can only be referred to as MH.
MH was a Winnipeg Bandido who made the trip to Kellestine's farm with Sandham, Mushey and Gardiner and was present on the night of the killings. As the only person there during the massacre who isn't now dead or in jail, MH is an informant in witness protection.
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Tuesday, November 10, 2009
Four men convicted in Bandidos biker gang murder trial launch appeals
By JANE SIMS, LONDON FREE PRESS
Last Updated: 10th November 2009, 1:29pm
Four of six men convicted in the mass murder of eight Toronto-area Bandido bikers have made the first steps toward appeals.
The Ontario Court of Appeal confirmed that three Winnipeg Bandidos — probationary president Michael Sandham, 40, secretary-treasurer Dwight Mushey, 41 and Marcelo Aravena, 33 — along with Frank Mather, 36, of Dutton-Dunwich have filed inmate appeal notices.
They, along with Wayne Kellestine, 60, of Dutton-Dunwich and Brett Gardiner, 25, who lived in Winnipeg, were convicted on Oct. 30 after a seven-month trial at the Middlesex Courthouse.
They were found guilty in the shooting deaths of eight members of the "No Surrender Crew" — the name given to the Toronto chapter of the Bandidos motorcycle club — on April 8, 2006.
All eight were shot at Kellestine's farm before their bodies were left abandoned in their own vehicles along a quiet rural road in Elgin County.
The men died because of an internal power struggle within the club. The Toronto group, which doubled as the national chapter, had fallen out of favour with its American world headquarters and was in conflict with the fledgling Winnipeg chapter it had sponsored.
Mather, who was living at Kellestine's farm at the time of the shootings, was first out of the gate with his appeal notice, placing it on file Nov. 3, just five days after he was found guilty of seven counts of first-degree murder and one count of manslaughter.
Mushey, found guilty of eight counts of first-degree murder filed his notice on Nov. 4.
Sandham, who was found guilty of eight counts of first-degree murder and Aravena, found guilty of seven counts of first-degree murder and one count of manslaughter, both filed their appeal notices on Monday.
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Tuesday, November 17, 2009
News Bandidos trial
Bandidos trial
Four serve notice of murder appeals
By JANE SIMS
Last Updated: 11th November 2009, 11:35am
Four of six men convicted for the mass murder of eight Toronto-area Bandidos have made the first steps toward appeals.
The Ontario Court of Appeal confirmed that three Winnipeg Bandidos -- probationary president Michael Sandham, 40, secretary-treasurer Dwight Mushey, 41, and Marcelo Aravena, 3 * -- along with Frank Mather, 36, of Dutton-Dunwich, have filed inmate appeal notices.
They, along with Wayne Kellestine, 60, of Dutton-Dunwich and Brett Gardiner, 25, who lived in Winnipeg, were convicted on Oct. 30 after a seven-month trial at the Middlesex Courthouse.
They were found guilty in the shooting deaths of eight members of the No Surrender Crew -- the name given to the Toronto chapter of the Bandidos motorcycle club -- on April 8, 2006.
All eight were shot at Kellestine's farm before their bodies were left abandoned in their own vehicles along a quiet rural road in Elgin County.
The men died because of an internal power struggle within the club. The Toronto group, which doubled as the national chapter, had fallen out of favour with its American world headquarters and was in conflict with the fledgling Winnipeg chapter it had sponsored.
The appeal notice forms were filled out at the Elgin-Middlesex Detention Centre. Sandham and Mushey, both found guilty of eight counts of first-degree murder, dated their paperwork the day after the convictions.
Sandham wrote that the verdicts were "perverse and made no sense." Mushey simply indicated to contact his Toronto lawyer.
Mather's paperwork from the jail is dated Oct. 31. In his grounds for appeal, he says he was deprived of his lawyer of choice and the verdicts "were unreasonable and unsupported by the evidence."
He directed any questions to a Toronto law firm.
Aravena's paperwork was dated last week.
He wrote that Superior Court Justice Thomas Heeney made errors in his charge and in his rulings.
No paperwork has been filed with the court for Kellestine or Gardiner.
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Tuesday, November 17, 2009
News Bandidos trial
Bandidos trial
5th man to appeal Bandidos murders conviction
By THE CANADIAN PRESS
A fifth man convicted in the mass slayings of eight men associated with the Bandidos biker gang has declared his intent to appeal.
Brett Gardiner was convicted last month of six counts of first-degree murder and two counts of manslaughter.
He has filed his inmate notice of appeal, on which he writes the verdict was “unreasonable and contrary to the evidence.”
Four other men convicted along with Gardiner — Dwight Mushey, Michael Sandham, Marcelo Aravena and Frank Mather — have already filed their inmate notices of appeal.
Wayne Kellestine, the man portrayed at trial as the mastermind of the murders, has not filed one, though the deadline has not yet passed.
The bodies of the eight men were found on April 8, 2006, stuffed into four vehicles on and around a rural property in southwestern Ontario, just kilometres down the road from Kellestine’s farmhouse.
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Friday, November 20, 2009
News London
Kellestine to appeal Bandidos conviction
By Free Press news services
All six men convicted of multiple murder in the deaths of eight Bandidos bikers will appeal.
Wayne Kellestine, 60, convicted of eight counts of first-degree murder last month, filed an inmate notice of appeal this week.
He is taking issue with evidence allowed at his trial.
Kellestine is one of six men charged and convicted with the murders of eight Bandidos bikers. The murders took place on Kellestine’s farm in Shedden in April 2006.
Kellestine’s appeal notice says Nazi paraphernalia he owned shouldn’t have been used against him during the murder trial.
During the trial, the jury was shown videos and pictures of the barn in which the eight men were held and then eventually led out of and shot.
A large Nazi flag hanging in the barn was prominent in many of the pictures shown before the court.
The jury also heard that during the murderous night, Kellestine sang a German anthem and danced.
In the notice filed with the Ontario Appeal Court, Kellestine writes that the judge erred in allowing “the German swastika flag” to be used as evidence of his character.
He also alleges the judge erred in “refusing to give a warning on the dangers” of co-accused Michael Sandham’s evidence.
Sandham, a former police officer from Manitoba, testified to his version of events on the night of the murders, placing the lion’s share of the blame on Kellesteine.
Sandham admitted on the stand that he’d previously lied to police when he told them over and over again – more than 200 times – that he wasn’t at Kellestine’s farm on the night of the murders.
The other five men convicted for the murders have already filed notices of appeal.
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CAN)Lessons Learned from Tweeting a Biker Gxxx Trial
Mediashift
We fell into Twitter somewhat accidentally in our newsroom at the London Free Press in Ontario, Canada.
The Bandidos biker gang trial was going to be a big one for the Free Press. We'd extensively covered the crime when it first happened: eight bikers from Toronto found dead on a rural road near London, and six men charged with eight counts of first-degree murder. None of us was likely to see a trial of this caliber again anytime soon, and it turned out we also got to be groundbreaking in the live-tweeting arena as well.
When I first signed up for Twitter, about a month before the Bandidos trial started, I was riveted by the Winnipeg Free Press' in-courtroom tweeting of the trial of Vince Weiguang Li, the accused in the case of the Greyhound bus beheading. Call me morbid, but I thought the Bandidos trial would be just as perfect to tweet. It had a compelling cast of characters, a judge who was willing to let media use the Internet in one of the courtrooms, plenty of visual evidence, and all kinds of drama built right in -- the biker gang lifestyle is a big draw.
Planning Coverage
We decided our regular court reporter, Jane Sims, would cover the trial from the main, high-security courtroom. Members of the media had already asked and been approved to use electronics in the overflow courtroom. This room wasn't quite as secure, and the proceedings were available for viewing on two television screens. One showed the jury and witness box, and the second showed the six accused bikers and the lawyers. A third screen was hooked up to the computers that were used to display evidence, such as photos and videos.
The only time journalists weren't allowed to tweet from the overflow courtroom itself was during the testimony of M.H., the [prosecution] witness who is in the witness protection program. Electronics weren't allowed at all during his testimony. During his week on the stand, I'd listen to the evidence and then run out of the courtroom with my BlackBerry to type a tweet. It was exhausting, and my coverage wasn't as in-depth as it could have been.
At first, I tweeted the opening arguments on my BlackBerry. The tiny keyboard made for lots of typos and mistakes, though, so the newsroom invested in a Rogers Rocket Stick, which enabled me to use a laptop for the rest of the trial. As the trial progressed, more people started paying attention, and more and more followers started interacting with me and John Miner, another Free Press reporter, who tweeted in my absence. Sims, our court reporter, also occasionally tweeted, but she was usually in the main courtroom, and working on the daily stories.
Response to Tweets
Twitter users responded to the tweets, especially those that put them right inside the courtroom. I couldn't tweet actual pictures of evidence, but I could get people as close as possible. If the [prosecution] was talking about a particular caliber of gun, for example, I'd Google the gun, find an image, and tweet a link to it. Being limited to 140 characters, tweeting links was often a good way to let people know what was going on in the courtroom. We also used links to direct people to the Free Press' website, where we had videos and picture galleries that showed things we couldn't put in the print product.
Eventually, I started corresponding with bikers from New Zealand, British Columbia, Australia and Texas. (The latter is the Bandidos' North American headquarters, and a lot of the evidence related to Texas.) A lot these followers knew the accused and the dead, and others were just curious observers.
Sims has since done interviews with some of the bikers who were mentioned during the trial but were never arrested. It was really interesting to be speaking to guys who knew the ins and outs of the organization that was being exposed on the stand.
Consistency a Challenge, Lessons Learned
The biggest problem we encountered was consistency. I went from a couple dozen followers at the beginning of the trial to more than 1,000 by the end. (Of course, I'm not sure how many people were following the day-to-day of the trial.) Sometimes, I just couldn't be in court. I had other assignments or I had days off. It was a lot for the Free Press newsroom to lose two reporters from the daily rotation. But if the editors and reporters decided we wouldn't tweet a certain part of the trial, the followers would get very angry that we weren't there.
I felt bad that we couldn't always be there to cover the proceedings. Telling them to "go follow John for the day" didn't really work and, in retrospect, next time we'll create a trial-dedicated Twitter account, even though the personal aspect of interacting with a reporter with a name would be lost.
Having one reporter covering a trial and another sending the tweets is essential, though. I thought of myself as the play-by-play announcer and Sims as the analyst after the game. Thinking of how to write something quickly, coherently and engagingly in 140 characters is enough of a challenge without having to analyze the overall picture for the next day's paper, too.
At first I took notes, then typed them into the BlackBerry. But as I got a feeling for what 140 characters looked like, and learned which words I could cut out and what I could abbreviate, I just typed the tweets directly into Twitter. (I used TweetDeck on the laptop.)
Eventually, I knew what would make a good tweet -- a lot of information, written succinctly. Followers would often ask for specific information: what the accused were wearing, their facial expressions, etc. I couldn't really see their faces, so I got Sims to fill me in on breaks, and then I'd tweet the info.
Having someone tweet an entire trial is certainly an investment -- you have a body that is producing for the web, but not for the next day's paper. It challenges the traditional way of thinking about court reporting.
Huge Potential
In my view, the potential for Twitter is huge. By using it, we were first to report the verdicts, for example. It offers a way to get people into the courtroom (or City Council chambers) in a way that you can't with print. We interacted with people we never would have tracked down if it hadn't been for tweeting the trial, and we interviewed them for more in-depth stories after the court case.
A final note: anyone from London could have come into the courtroom and tweeted their hearts out. Not a soul did. It takes time, it takes effort, it takes knowledge of the law (knowing not to tweet developments that occur when the jury isn't there, for example).
In my opinion, it's another way that journalists and media outlets can differentiate themselves from the pack.
Kate Dubinski is a reporter and occasional columnist for the London Free Press in Ontario, Canada. She is @KateatLFPress on Twitter.
---------------------------------------------
Cold blood among Canadian Bandidos
By Geoff Nixon, CTV.ca News Staff
Date: Sunday Feb. 7, 2010 7:16 AM ET
Imagine an outlaw motorcycle club whose members can barely afford to pay their cellphone bills.
The Toronto president is a Jenny Craig client and an elder member is a terminally-ill cancer patient looking for companionship while he waits to die. Another guy is too fat to ride a conventional motorcycle.
Other clubs turn down the chance to join this crew and several members take it upon themselves to quit. Existing members squabble to the point where they can't agree on how they should design their club Christmas card. The group is so inept, that it is on the edge of being kicked out of its parent organization -- one of the biggest biker clubs in the world.
These are descriptions of the same Bandidos chapter which saw eight of its members slaughtered at an Ontario farmhouse nearly four years ago, in the worst mass-killing in provincial history.
The story of how they came to die is detailed in "The Bandido Massacre," a newly released book by Peter Edwards, a Toronto Star reporter who covered the story since it hit the front page in April 2006.
Their quest to wear what Edwards describes as "leather sandwich boards" with Bandidos logos, is a story that is both sad and compelling for readers trying to understand how they became involved in such a dangerous situation.
In a recent interview, Edwards told CTV.ca that it's a story of a group of grown men "who should have stepped away and didn't."
Bandido living
Four years ago, the rollcall of the doomed Bandidos members sounded like the line-up card of a beer league softball team: Bam Bam, Big Paulie, Boxer, Crash, Chopper, Goldberg, Little Mikey and Pony.
Most of these guys were relatively new to the biker scene and they didn't have much luck drumming up respect, despite the Bandido logo they wore on their backs.
Some of them were catching the wrong type of attention, with police frequently watching the crew for their suspected involvement in the murder of a Keswick, Ont., drug dealer.
They were on the verge of being kicked out of the worldwide biker club and were the target of frequent email rebukes from upper-level Bandidos in the southern U.S.
Several of the eventual victims had grumbled about getting out of the rag-tag biker crew, the types of guys Edwards said had the potential "to grow out of" the biker lifestyle.
But they didn't.
"These guys totally brought it on themselves," said Edwards, noting that it was not the police, nor the Hells Angels, who brought them down. Instead, it was members of their own club, who were supposed to be their friends.
The farm
The demise of these eight men took place at a farm property in Iona Station, a small Ontario hamlet located more than 200 kilometers southwest of Toronto.
The property was owned by Wayne "Weiner" Kellestine, a long-time biker and fellow Bandido who was well-known to police by the time the eight murders took place in his barn.
Bodies had twice turned up near his property over the years and Kellestine had served time in prison. He'd also survived an assassination attempt.
In his personal life, Kellestine once shot his ex-wife with an air gun "for a joke", Edwards reports in his book. On another occasion, Kellestine threatened to shoot a DJ in the foot for playing rap music instead of Lynyrd Skynyrd at a Toronto club.
His home had a similarly creepy vibe, according to Edwards' description.
Inside the main floor of his farmhouse in Iona Station, Kellestine decorated a room with Confederate and Nazi flags and other racist memorabilia, a collection Edwards describes as "a shrine of sorts to violent losers." It was also filled with weapons, which Kellestine was banned from possessing.
t was in his junk-filled barn where his eight brother Bandidos would be ambushed and marched to their deaths.
But overall, Kellestine's farm was a place where his biker friends had travelled many times before, where they felt safe, and where they would let down their guard.
A day of death
The Bandidos converged on the Iona Station property on the night of April 7, 2006.
The bikers travelle to the farm to attend what they called a church session -- a mandatory meeting for club members, where they hashed out club business.
But they didn't know that other Canadian Bandidos had made their way to the farm from Winnipeg. They were hiding at various points around the property, waiting for their Ontario brothers to arrive.
An ambush ensued, the eight Toronto Bandidos were caught off guard and within hours, they were marched, one-by-one, to their deaths in the cars parked outside the barn.
By the end of the night, Jamie Flanz, 37; the terminally-ill George Jessome, 52 ; the recently-married George Kriarakis, 28; Luis Raposo, 41; Frank Salerno, 43; young father Paul Sinopoli, 30; recent recruit Michael Trotta, 31; and their leader, factory worker John Muscedere, 48, lay dead.
Their killers drove down the road and parked the cars carrying the victim's bodies in a farmer's field about 14 kilometres away from Kellestine's farm. They didn't drive very far because one of their makeshift hearses -- a vehicle that victim Flanz drove to the farm while being trailed by police -- ran out of gas and it was already past dawn by the time they went to cover their tracks.
The bodies were found by mid-morning and police began an intensive investigation that eventually saw six suspects convicted of 44 counts of first-degree murder.
The aftermath
With so much wasted life and wanton violence in the Bandido massacre story, it's a tale of an unfortunate brotherhood with violent members.
"I didn't set out to write a cautionary tale," said Edwards. "In the end, that's where I ended up."
The bottom line is that for the eight slain Bandidos, they joined a club they thought would bring them brotherhood.
Instead, the slain bikers' membership brought them less freedom, unnecessary stresses and tickets to an early grave.
The people who killed them wanted to gain control of a dysfunctional club, in what was described in court as an internal cleansing. But it's still hard to understand how eight people could be wiped out in a single night by people they thought were their friends.
"This one, here, you have to get to the core of madness to understand what happened," said Edwards, summing up a mass murder that served little benefit to the biker world.
For now, the six men convicted of killing eight of their so-called brothers wait to return to court. Each one -- Marcelo Aravena, Brett Gardiner, Frank Mather, Dwight Mushey, as well as Sandham and Kellestine -- has appealed their convictions on eight counts of first-degree murder.
A seventh member of the killing party became a Crown witness and now lives under a new name. He was identified only as M.H. at trial.
Kellestine based his appeal in part on the judge's decision to allow Crown prosecutors to show jurors a picture "the German swastika flag" hanging at his house.
Edwards said he considers Kellestine "a joke" whose image he did not want to build up when writing his book.
"I wanted people to laugh at Kellestine, not fear Kellestine," he said.
====================================================================================================================================================================
Saturday, September 26, 2009
Bandidos Trial Tweets - Daily Accounts
Bandidos Trial Tweets twittered live from the courtroom as they are spoken. A big "Thank You" goes out to Kate "Smokin Thumbs" Dubinski, a reporter from the London Free Press, who is twittering the coverage of the Bandidos trial on her Lap Top Computer/Blackberry when she can.
All the tweets from the trial are pasted here but a lot wasnt tweeted due to lack of bodies by LFP. I find the read being damn interesting. Should make an interesting movie one day.....
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Tuesday, March 31, 2009
* Bandidos Fact: One judge, five crown attorneys, 13 defense lawyers. One reporter tweeting for the world to see.
*Jury coming in
*Crown's opening statement: quiet Sat morning April 8, 06; four cars, eight dead men. Eight men's pics (+nicknames) on display for jury
*All eight dead men part of Toronto Bandidos chapter. Had gone to Wayne Kallestine's farm for meeting.
*Some of TO Bandidos members were under police watch for unconnected murder, crown sez.
*Seven out of eight dead men found with heads covered stuffed in cars; one found wrapped in carpet in trunk of car.
*When police search Kellestine's barn, find evidence of cleanup, floor wet with red stains. All eight men were shot, most in head.
*One of Winnipeg Bandidos had car detailed, replaced tires, etc., crown sez.
*Winnipeg Bandidos wanted to be full fledged chapter, but only Kellestine supported them. Winnipeg needed Toronto approval, crown sez
* Kellestine + Winnipeg Bdos wanted to pull the patches of Toronto Bandidos, jury will hear. Toronto Bandidos called to meeting at K's farm
* TO members arrive, go to barn, where Wpg Bandidos waiting hidden, armed. Shots ring out, several men shot.
* TO Bandidos searched, patted down by Kellestine et al, Crown sez - one by one, TO guys taken outside and shot
* "There was no gunfight. One by one, the victims were taken to their deaths," Crown Kevin Gowdey tells jury.
* Not every accused shot someone, but each somehow helped in the killing, crown sez.
* Convoy drove dead bandidos as sun rising, but one car ran out of gas, so they stopped on Stafford Line and left, crown sez.
* Kellestine starts bonfire of dead men's possessions, divies up money taken from dead eight, Winnipeg Bandidos go home, crown sez.
* 20 minute recess (I love recess - it's like we're in grade school :)
* Bandidos Fact: The overflow courtroom, 602, is being used for the first time today. Used to be the Middlesex County Bar Law Library.
* Recess over. Court back in session. Crown talking about future witnesses, evidence, etc. "A roadmap" for the jury being presented.
* Jury will see hundreds of photos, diagrams and maps. "Bandidos is not a democracy," crown says. "The power lies in Texas."
* Months before Bandidos killings, Texas club says TO Bandidos not meeting obligations, asked to return patches to Texas.
* TO Bandidos didn't return Bandidos property, refusing the order. Texas said they weren't pulling their weight.
* Bandidos Fact: Patches are signs of membership and power in motorcycle clubs. Your patch is pulled, you're no longer a member/no power
* Jury will hear from biker/Bandido expert. Also will hear from police informant, who can be IDed only as MH (former Wpg Bandido).
* Crown tells jury they'll see a videotaped tour of Wayne Kellestine's barn and house. Will also hear from bloodstain pattern expert
* Jury will hear from firearms/ballistics experts, crown says - one gun found hidden in heat ducts, another two in secret kitchen spot
* Many conversations amongst accused were recorded and jury will hear them, crown says. DNA evidence will also be presented.
* On one gun, blood of five victims found; on another gun, blood of three other victims found, crown tells jury.
* Crown's opening winding down.
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Wednesday, April 01, 2009
*First witness takes the stand. It's OPP Const. Ross Stuart, an identification officer.
*Stuart was called after four vehicles found with bodies in them by Elgin OPP. He took pictures of the scene. Pics to be shown to jury
"These photos will be of a gruesome nature," court warns jurors
*Bandidos Fact: Slight lull in proceedings as lawyers, etc. figure out computer system.
*Stuart says "a significant amount of blood-like staining in rear of vehicle" and on man in back seat of one car.
*Could see "obvious gunshot wounds" to man's forehead and head area, constable testifies
*Another "deceased individual" on rear bench seat of tow truck, covered in plaid blanket, blood on clothes, cowboy boots, const. says
*Another dead man in volkswagon hooked up to tow truck, in front driver's seat. Gunshot just below left ear, Const. Stuart says
*Another dead man in Volks, this one in passenger seat. No obvious gunshots, but blood around face, Stuart says
* Rear hatch of Volks opened by Stuart, where he sees soles of shoes, head and shoulders of man wrapped in a multi-coloured rug
* Fourth car (Infinity SUV) in farmer's field. In rear hatch, dead man in fetal position, Stuart says. Gunshot wound to left temple
* Stuart says he finds two more dead man, both in back seat of SUV, both with gunshots to ear/temple area
* Total: four cars, eight bodies. 20 minute recess in court proceedings
* Jury is back. Const. Stuart back on the stand. Will now talk about identifying the cars and bodies
* Envelope addressed to Mr. and Mrs. Michael Trotta found in Pontiac Grand Prix. Trotta was one of the victims.
* In Silverado tow truck, tow truck drivers license of George Jesso found, Stuart says
* In VW Golf, drivers license and vehicle ownership of Louis Raposo found, Stuart tells jury. Raposo one of the victims
* Stuart says also in Golf police find black Bandidos vest (under seat) and large silver ring with "1%" engraved on it.
* Police find an email printout between someone named "Taz" (nickname of accused Michael Sandham) and "Chopper" (nick of victim Raposo)
* Police also find a list of nicknames (Chopper, Boxer, Paulie, Crash, etc). with dollar amounts beside them in Golf, says Stuart
* Infinity SUV: College ID etc. with name Jamie Flanz (one of the victims) found; license of Trotta found in pocket of dead man.
* Stuart says: In Grand Prix: Jamie Flanz. In Golf: George Kriarakis, John Muscedere, Luis Raposo (in rug). In tow truck: George Jessome.
* Stuart says: In Infinity SUV: Michael Trotta, Paul Sinopoli and Francesco Salerno
* Now the defense counsel has a chance to cross-examine OPP Const. Ross Stuart
* Bandido Fact: Court officials will try to get a TV into the overflow room that will show us the exhibits (incl. photographs) up close
* RT MikeatLFPress New Bandidos video detailing the victims and the scene where their bodies were found: http://is.gd/q7tM
* Jurors (and the rest of us) break for lunch. back at 2:15 p.m.
* Jury, etc. back. Tony Bryant, lawyer for Marcelo Aravena, cross-examining OPP Const. Ross Stuart re: list of nicknames found in car
* Also questions of Stuart re: another list found in Raposo's bedroom later in the investigation
* Lawyers for some of the accused asked questions of Const. Ross Stuart. Now last lawyer's turn: Clay Powell, for Wayne Kellestine
* Stuart says the Silver Infiniti SUV was the one that was running out of gas, forcing the convoy of cars to pull over on Stafford Line
* 20 minute afternoon recess
* Jury back. They're going to hear "admissions" - statements the accused admit are facts. Those facts will then be taken as givens.
* Admission One: Wayne Kellestine's nicknames are W and Wiener. His farm is at Aberdeen Line in Dutton-Dunwich
* Admission 2: Michael Sandham's nicknames are Taz and Tazman. He lived in Winnipeg with his spouse; sent emails under name John Smith
* Next witness takes the stand: Mary Aartsen. Works at Flying M truck stop
*Witness says she drives along Stafford Line to work around 5:45 a.m. She says she saw no cars on Stafford Line on April 8, 2006
*Witness dismissed. Next witness: Janet Shelley asked to take the stand
*Shelley is newspaper delivery person for the St. Thomas Times Journal. Delivered paper to Stafford Line on morning of April 8, 2006.
*Witness says she saw what looked like a silver pickup truck down the road from the a property where she delivered the paper.
*Witness dismissed. Next witness Allison Debuck. She was on Stafford Line on April 8, 06 taking daughter to a basketball tournament
*Debuck says she saw three cars at 6:50 a.m.: one backed up in ditch, another a tow truck with third vehicle attached
*Witness dismissed. That's it for the first day of testimony in Bandidos trial. Back again tomorrow at 10 a.m.
----------------------------
Thursday, April 02, 2009
*Testimony in Bandidos trial about to begin. Sadly, the big TV in overflow court is broken, so we have a tiny 1970s TV
*First witness is Mary Steele. She and her husband own the property on which some of the four cars with bodies inside were found in 06
*Quiet Saturday morning, Mary and husband having breakfast. Get phone call from neighbour who says lots of cars on their property.
*They go to check the vehicles, see the first car (Grand Prix). They watch CSI so decide not to touch anything but peer in car window
*Can't see anything in the front seat, but see something covered by blanket in back seat. Go to next set of cars, tow truck and VW Golf
* Mary Steele and husband call 911, say something is strange. "Then curiosity got the best of us, so we went back," she says.
*The Steeles see another car in a field, go there, it's frosted over. They go back and call 911 again
*First light moment in courtroom: "My husband was telling the first officer how to do his job," Mary Steele says to laughter from court
*The Steeles thought maybe the cars were stolen, or else someone had been drinking and just parked on their property, Mary testifies
*Mary Steele will now be cross-examined by Clay Powell, the lawyer for Wayne Kellestine
*Mary Steele dismissed. Next witness is OPP Const. Karl Johnston, who was called to Stafford Line about some abandoned vehicles.
*Const. Johnston says he arrives, goes to car, sees something. Goes to next car, sees a male with injuries, calls for backup
*Johnston fully opens hatch of VW, sees "a man in the fetal position." Calls for backup and waits for other officers and paramedics
*Johnston: When paramedics arrive, they check the men found by the officer and tell him they are "vital signs absent
*Johnston examines Infiniti hatch: "I saw a male with possible gunshot wounds with tattoos on his right arm and more on his left wrist
*Bandidos Fact: I can see a reflection of the media area in the 12th floor courtroom on a TV screen. They don't know I can see them
*Bandidos Fact: Those in the know at the courthouse get Barrister's sized coffees. They're small enough to drink on the short recesses
*Const. Johnston being cross-examined about who went into the Infinity after bodies were found, who touched what.
*Johnston dismissed. Next cop on stand: OPP Const. Jeffrey Chandelier. He was second officer on the scene
*Chandelier approaches Infiniti in field. Sees two men in back seat, "almost leaning against each other . . . appeared to be lifeless
*Chandelier fully opens hatchback of Infinity, sees "large male with obvious trauma to his head" with a gunshot wound to right eye area
*Chandelier has to use flashlight to look in rear of tow truck, where he sees a man slumped over and "blood on the floorboards."
*Bandidos Fact: The retro TV we have in the overflow room is making today's proceedings very hard to hear. Media starting to get antsy.
*RT @MikeatLFPress New Bandidos video focusing on the accused and Kellestine's farm: http://is.gd/qjZy
*Const. says two men seen running through the bush about half an hour before police got to scene, but officers don't know who saw them
*Bandidos Fact: Overflow court 602 today occupied by: 5 young police officers, 4 reporters, 2 court officers and 1 member of the public
* First after-lunch witness: OPP Gordon Pruce, who arrived after the first two constables. He's taking the jury through what he saw
*Correction: The officers name is Gordon Bruce. He's now off the stand and next witness, paramedic with Elgin EMS, is up.
*Paramedic Lee Restorick checks pulses of three men in Infiniti SUV, all three "cold to the touch," vital signs absent (VSA).
*Restorick returns to road and is asked to check on more bodies in VW. Checks men under blankets on driver's side and passenger's side
*Restorick checks on man in VW trunk, wrapped in rug. "He was very cold," he says. No vital signs, joints stiff
*Paramedic says it was "shocking" to arrive at such a scene.
*Paramedic now being cross-examined about footprints around SUV. He made diagrams in his notes of the scene
*Body in VW hatch and body in SUV hatch were both cold to the touch and rigor was starting to set in, paramedic says. He's dismissed
*Const. Ross Stuart back up on the witness stand. Jury's been told he'll testify a number of times during the trial.
*To preserve evidence, vehicles were removed from Stafford Line with bodies of men still inside, Stuart says
*The cars with bodies were taken to Ross' Towing in London, which has a secure indoor compound used by police, Stuart says
*Stuart now testifying about each of the dead men's injuries and process of autopsies. Jury will see more graphic pictures
*First ID is Jamie Flanz. Shown pics of tattoo on his back (skull held in skeleton hands holding revolvers).
* Flanz: Cause of death is two gunshot wounds to the head, Stuart testifies
* ID 2: George Jessome. Three gunshots: under left ear, near left temple and near left nipple area of chest. Injured on right wrist
*Jessome: Cause of death is two gunshot wounds to the head and one to the chest, Stuart testifies
* ID 3: George Kriarakis. Tattoo on chest of word CRASH with flames; tattoo on back of two men wearing sombreros holding guns, machete
* Someone in the public gallery of the courtroom broke down during the presentation of Kriarakis' injuries. We are now in a brief recess
*Kriarakis' other tattoos include "No Surrender" ink and "1%" in diamond shape. Injuries: two gunshots to side of head, one to face
* Kriarakis' injuries: 4 gunshots to head, shoulder, left chest, lower right abdomen. Cause of death: gunshots to head and into brain
* ID 4: John Muscedere: tattoo of sombrero guy with revolver/machete, No Surrender Crew, words Crazy horse, Stuart says
*Muscedere's injuries: gunshots to right ear, below right eye, lower right torso/stomach. Abrasions on chin, teeth, knees
*Muscedere's cause of death: gunshot wounds to head and torso, Stuart says
* ID 5: Luis Raposo: Tattoos with CHOPPER 1%; man with machete wearing a Sombrero
*Raposo's injuries: right middle finger amputated, multiple injuries to upper chest, gunshot to right arm, injuries to left hand
*Raposo's cause of death: gunshot wounds to neck and chest, says Stuart
* ID 6: Michael Trotta. Injuries: gunshots to top of head, upper chest, right temple. Exit wound through right cheek, abrasion above eye
*Trotta's cause of dath: gunshots to head and brain, says Stuart
*ID 7: Frank Salerno. Injuries: 3 graze gunshots to right leg, outer left hand. Lacerations over nose, abrasion on cheek
*Salerno's injuries: gunshots to top of nose, right cheek, right ear, right middle finger, right thigh
* Salerno's cause of death: gunshot wounds to head and brain, Stuart says
* ID 8: Paul Sinopoli. Tattoos include "Bandidos Canada," "1%," man in sombrero with machete and revolver
*Sinopoli's injuries: graze gunshot wound to thigh area, gunshot wound to left eyebrow and to left temple/ear
*Sinopoli's cause of death: gunshot wound to head, Stuart says
*Jury told the pathologist, not Const. Stuart, is the one that can testify to the cause of deaths
*That's it for today. The jury is excused. Back again tomorrow at 10 a.m
--------------------------------
Friday, April 2,2009
*This morning we'll get a photo tour from Const. Ross Stuart of some of the victims' homes, searched after they were found dead in 06
*First house is Luis Raposo's, in TO. We see pics of Bandidos shirts, an email about a hydroponic growing system, Bandidos belt buckles
*The man wearing a sombrero holding a gun and revolver will henceforth be called The Fat Mexican, lawyers agree
*Now we move onto the TO home of George Kriarakis. Seeing pictures of Bandidos pink tank top, belt, thong-style underwear
*Bandidos Fact: Police took more than 6,000 photos and collected 3,700 exhibits during their investigation, Stuart tells the court
*Now we're looking at pics from John Muscedere's TO apt. Includes belt buckles, t-shirts, emails, photos and Bandidos Christmas cards
*We're now inside Michael Trotta's home in Milton. Has Bandidos t-shirts, a "PROSPECT" patch, 1% ring, list of "club phone numbers
*Frank Salerno's Oakville home. Shown pics of Bandidos business cards, stickers, ring, black leather vest w/ patches removed, etc
*In Salerno's car (on the back seat), police found a .32 caliber Mauser pistol, tucked into a Sony digital camera box.
*Bandidos Fact: There are very prescribed rules about what can and can't go on a Bandidos vest and other clothing (and where).
*Gun found in Salerno's car is a Mauser 1914 caliber 7.65mm (.32ACP)
*Today's Bandido overflow court roundup: Three London cops, three print reporters, two OPP officers, one court officer. Zero public
*We're about to hear two intercepted calls (they're about 15 to 20 minutes). The jury will have transcripts, but we won't. Here we go...
*First call placed April 5, 2006, between Sharon Acorn and Wayne Kellestine.
*Bandidos Fact: Intercepted phone calls are very, very difficult to understand.
*I have no idea what they are talking about on these intercepted phone calls. Have heard lots of swear words
*Imagine two or three people who all sound the same, on a cell phone, garbled and crinkly. That's what I just heard
*Next witness is OPP Det. Sgt. Jennifer Lockhart, from the technical support section. Maybe she'll shed some light on the wiretaps!
*Lockhart is talking about affidavits she draws up to get approval for wiretaps. The people they listen to are called "primary targets"
*Lockhart was a "backroom supervisor" on Project Douse, where Durham cops were listening to wiretaps re: homicide of Shawn Douse
*When phone is tapped "monitors" hired to listen live to all calls, summarize everything. It's being taped. Calls are transcribed after
*Two victims, Jamie Flanz and Paul Sinopoli were "primary targets" of wiretaps during Project Douse investigation.
*Det. Sgt. Lockhart is going through how each voice on some of the intercepted calls were identified
*Interesting: mundane conversations (for example, to Rogers call centre) is how police able to identify the voices of some of the men
-----------------------------
Tuesday April 14 2009
*Judge reminds jury that they must find their verdict "without prejudice or sympathy." Now Det. Sgt. Jennifer Lockhart back on stand.
*Jury will now hear "the victims' trip to the farm for a meeting" -- intercepted phone calls between victims and accused (28 convos)
*Jamie Flanz calls Paul Sinopoli (both vics), talking about going to a meeting. Next convo: Sinopoli calls John Muscedere
*These calls are made April 6, 2006, one day before meeting. Sinopoli says he's very sick, bleeding in stomach, can't keep food down.
*The wiretaps the day of and the day before the meeting at Kellestine's farm, are about bleeding ulcers, Tragically Hip tribute band.
*Flanz and Sinopoli talking day of meeting on phone. Sinopoli says he's very sick with stomach problems, might not come to meeting
*Sinopoli says he's wanted at meeting to "take care of club shit." Flanz says he wants him to come.Sinopoli then calls George Kriarakis
*Sinopoli says he's really in pain, his stomach is really hurting. Frank Salerno calls him, tells him to "get himself to church."
*Salerno says Sinopoli "on his last legs." Tells him "you're almost out the door. Get yourself to church tonight. I'm telling you."
*Bandidos fact: "Church" is the word used for meetings with fellow Bandido members.
*Salerno tells Sinopoli to bring $$$ he owes for dues to church. Sinopoli told by unknown man "it's very important everybody's there."
*Sinopoli calls Kellestine, who after brief exchange breaks into song: "It's now or never. Hold me close."
*After several phone calls, people are making their way to Kellestine's farm for "church."
*At 8:27, on April 7, 2006, hours before they were killed, John Muscedere and Jamie Flanz are talking about driving to London on 401
* "I'm going to church tonight . . . We call it church because we meet once a week," Sinopoli tells woman he calls the night of meeting
*Jamie Flanz, driving from TO to London, seems to have trouble finding rest stop Muscedere wants him to stop at, outside of Woodstock
*10:18 p.m.: Flanz calls Muscedere, who is with Kellestine (accused) and Sinopoli. Muscedere says he's just arrived at Kellestin'e farm
*A man named Frank (Frankie) Fugaccia, is a hangaround, the jury hears. He's taped in some of the wiretap conversations.
*Where we left off: Flanz + Muscedere have just arrived at Kellestine's farm. Sinopoli is already there. It's April 7, 2006, 10:18 p.m.
* All's quiet in overflow court. Just me, two London cops and the best damn court officer in London. Plenty of cushy benches left.
*Bandidos fact: The wire taps were part of Project Douse, a police investigation into murder of Shawn Douse, 35, killed in Dec. '05
* Bandidos fact: Cops intercepted 60,000 calls for Project Douse. 1,086 dealt with drug activity; 172 were useful for Bandidos trial,
*Jamie Flanz was one of the targets in Project Douse wiretap investigation, that's why his phone calls were being taped.
* In March, April 2006, Sinopoli was communicating with man named Allan Brake, a known member of the Hell's Angels, one lawyer says
*Lawyer, police officer say Bandido (Sinopoli) communicating with Brake (Hell's Angel) is "unusual."
* Kellestine sings in one wire tap. He says it's Roy Orbison. I'm pretty sure it's Elvis. Either way,
*The name Dwight Mushey (one of accused) never came up during Project Douse murder investigation, lawyer confirms with witness cop
*Douse was killed in Jamie Flanz's house, according to investigators: lawyer.
* Adjourned for the day. Back tomorrow. Not sure who is up on the witness list, but the wiretap police officer is officially dismissed
------------------------------------
Wednesday April 15 2009
* First witness up: Anh Dieu, Ottawa Police investigator. We're getting right into it today!
* Dieu was called to investigate an abandoned vehicle in an Oakville strip mall parking lot on April 8, 06. He finds a 1988 brown BMW.
*Jury shown photo of BMW. It's same photo shown before: the car that cops found a gun in (victim Salerno's car; with .32 pistol inside)
*Next witness: Sgt. Gordon McDowell, Durham Regional Police, doing surveillance for Project Douse (murder of Keswick drug dealer).
*McDowell was doing surveillance on Jamie Flanz (one of the victims), whose home Douse was found in back in 2005.
*April 7, 06, cops start watching Flanz before 1 p.m. Leaves house around 6 p.m. in Infiniti SUV, picks up someone, driving to 401.
*Police follow the Infiniti SUV to Highway 401, pull over at Sweaburg truck stop. Cops lose SUV around 9 p.m.
*Police officers pull over for gas at Esso gas station on 401, see Flanz, Sinopoli and two other guys talking to each other, eating.
*Sinopoli, Flanz, get back into Infiniti. Two other guys get into a VW Golf. Two cars leave in a convoy. Police start following again.
*10:09 p.m.: Police keep following Infiniti, through London, to Iona Road. At 10:14 p.m., SUV pulls into 32196 Aberdeen Lane.
*Surveillance Fact: Officers in multiple cars are in contact by radio. There's one Central Note Taker, does all writing of observations
*The farm at Aberdeen Lane is very open, so officers can't get a "direct eye" on it without risking being exposed, McDowell says.
*McDowell: Officers couldn't go on the property because knew there were dogs that "weren't your average dogs . . . They were vicious."
*McDowell: Surveillance successful, officers remained undetected. Ended surveillance at 12:30 a.m., shift done at 4 a.m. (~16 hour day)
*McDowell: Other police teams don't get told about surveillance because the more people know, more cops are likely to be discovered.
*Google "32196 Aberdeen Line" and see what comes up. Interesting .
*McDowell now being cross examined by the defence attorney's of the six men accused.
*Durham surveillance team sees cars pulling onto Aberdeen Line but not leaving: Silver Infiniti, a pickup truck, tow truck among them.
*Five cars total seen pulling onto Aberdeen Line but not leaving: Infiniti, dark pickup, Pontiac Sunfire, a dark car and a tow truck.
*York police following Sinopoli; Durham following Flanz. Durham cops (in five cars) take over surveillance of Flanz/Sinopoli April 7
*McDowell under cross examination: none of the officers who ended up outside of Kellestine's farm heard any gunshots before they left.
*Next witness: OPP Const. Terry Graham. Front line officer, on duty April 7, 2006. Began shift at 6 p.m.
*Graham was patrolling around 11:30/midnight when he saw a minivan parked on side of road in area of Aberdeen Line. Pulls up behind it.
*Graham checks the plate, goes to passenger side, the window comes down. He says he's a cop, the person inside says he's a cop, too.
*Graham asks Durham officer if he knows that the person who lives on Aberdeen Line is Wayne Kellestine, who is known to police.
*Other officer didn't know Kellestine, but tells Graham he'll call when the surveillance is finished.
*At 2 am Graham returns with another OPP officer to see if all's calm at Aberdeen Line. They see nothing unusual at Kellestine's farm.
*Cross examination: Frank Mather's lawyer asks if Graham has ever seen Mather on Kellestine's farm before. Graham says nope.
*Graham: Says he contacts main OPP biker enforcement officer, who didn't know about Durham cops in the area. Biker officer said 'no.'
*Graham asks biker cop if he and another officer can set up "static surveillance" in area of Kellestine's farm; biker officer agrees.
*Graham and other cop see an unrelated Intrepid leaving the area, so they follow and arrest someone on an outstanding warrant.
*First post-lunch witness: Pat Timmerman, who lives west of Kellestine on Aberdeen Line.
*Timmerman rented movies with his wife and kids night of April 7, then went to bed around midnight, slept through the night.
*Timmerman got up Sat around 7:30 a.m., made coffee etc. Looks towards Kellestine's property. "They were burning stuff there,"
*Timmerman says fire was in front of Kellestine's barn. "There was lots of smoke," he says, but no unusual activity night before.
*On cross examination, Timmerman says he didn't actually see anyone burning stuff, just saw the fire. He's excused.
* Next witness: OPP Const. Stephen Lorch. Not working April 8, 2006. He got text msg to go Stafford Line that day for "multiple deaths"
*Lorch is also a member of the emergency response team (ERT), so he was paged to back-up other officers on Stafford Line
*After talking to officers at Stafford Line (where bodies were found stuffed into cars), Lorch and another cop go to Kellestine's farm
*Lorch was in an unmarked brown Crown Vic. When he gets to Kellestine's farm, Lorch sees several tire tracks heading out of laneway.
*Lorch sees fireplace/woodstove on Kellestine's farm. Looked "stoked up." Smoke went from white to dark as he watched.
*Lorch: keeps watching all day. Sees blue older model square-type car going south towards Aberdeen line.
*Lorch also sees, at 4:25 p.m., a person (Man? Woman? He can't tell) swinging an object in "a chopping motion."
*Lorch: keeps watching all day. Sees blue older model square-type car going south towards Aberdeen line.
*Lorch also sees, at 4:25 p.m., a person (Man? Woman? He can't tell) swinging an object in "a chopping motion. .
*ERT officer Lorch being cross examined about his actions/movements on April 8, 2006 (day bodies found)
*There were officers and a police dog in Stafford Line area after bodies were found, so Lorch being cross examined about what he saw.
*Lorch isn't a dog officer, but he was on scene, so Kellestine's lawyer is asking him if he saw canine officers, position of cars, etc
*Lorch: Cop dog was not on a scent, the officers were mostly looking for footprints, but he adds he's not an expert on the canine unit
*End of the day. Lorch's cross examination is finished. See you 9 a.m. (We finish at noon tomorrow). Over and out from court.
-------------------------------
Thursday April 16 2009
*Ready to go. First witness: OPP Const. Dean Croker. Member of ERT, TRU units
*Const. Croker was called in on April 8, 2006 . His assignment after "initial briefing" was to go to Kellestine's farm on Aberdeen Ln.
*April 8 was clear night, Croker says. He had night vision goggles, was watching Kellestine's house. Saw smoke/steam coming from house
*At around 10:30 a.m. on April 9, Croker sees people outside of Kellestine's house: two men, one woman. They're carrying plastic bags
*Croker says the woman is short with blond hair, one of the men has greyish-white hair.
*People on Kellestine's farm taken into custody by OPP, and TRU team (Croker) starts searching outbuildings, perimeter for anything.
*Croker and team examines fence surrounding property, makes sure no weapons, etc. in outbuildings. They are all cleared.
*There's a small hole in the chain-link fence around Kellestine's farm that a small person could get through, Croker says on cross.
*The hole-in-the-fence response was to a question asked by lawyer of Frank Mather.
*Witness dismissed after minimal cross examination. Next up: Const. David Jones. Member of the TRU team.
*Jones is briefed at Elgin OPP detachment, dispatched to Kellestine farm around 10 p.m. on Sunday, April 8, 2006
*Jones: "It was a very calm night, no wind. The stars were out. It was a very clear night. We had a clear view."
*Jones uses night vision goggles, binoculars throughout the night. At daybreak, he sees smoke coming from Kellestine's chimney
*In morning, Jones sees through binoculars 3 people moving between house and back barn. One is a short blond woman, light blue jacket.
*Jones: Buckets seem heavy for the woman. She's "walking with a purpose," stops at one point to take a break, then continues on to barn
*Cops start to leave, but then are told to get to command post and told to help with arrests. Jones gets to Kellestine's driveway
*Jones finds woman (Kerry Morris), Brett Gardiner (accused) and a third man, they're taken into custody
* Jones is called back to scene to "clear" (secure) the farm property and buildings for investigators who will come to search property
*Jones checks out a small garage, a shed, a port-a-potty. All clear. Then moves on to barn. He's first in barn.
* Jones will now tell the court what he found in the barn with the aid of a diagram of the structure
* Jones: "Everything looked old, dirty, dusty . . . There was all kinds of junk." Sees a rider mower, wood, pipes.
* Jones then notices a plastic bucket with a white plastic jug of bleach inside. No dust or dirt on these items
* In opening of main section to barn, Jones sees cluttered, junk-filled room. Also notices that cement floor was wet.
* Jones: "Sections of the floor that weren't filled with junk appeared to have a dark reddish-brown stain on it. It appeared smeared"
*Usually, cops stay on outside of a scene, by walls, but couldn't do that in this barn 'cause it was so cluttered with "junk."
* There are couches, a ladder leading to a loft: Jones goes up to loft, sees hole in ceiling, comes back down
*Sees a freezer, with a tarp on it, also sees a police scanner, which he didn't want to touch because of fingerprints
*"I wanted to check the freezer to make sure no one was hiding in there," Jones says. No one inside but it works, there's frost buildup
*Jones does a "360 search" of the outside of the barn, sees a bunch of old stuff and a GPS or handheld walkie-talkie facedown in grass
*Jones will now be cross-examined. First up, lawyer for Michael Sandham, Heather Carpenter. She's asking about hole in ceiling in barn
*Jones : "The only place (in loft) I could walk without stepping on a bunch of stuff is on the outside...I couldn't see the back wall."
*Jones sees "a bright red drop of blood" just inside the barn on the ground near loft. The drop was "fairly close" to the ladder
*Jones sees splatter near ladder below loft. "It was little specs of brownish red, hadn't been disturbed like the rest of the floor."
*Lawyer #2 starts next cross examination, it's the lawyer for Frank Mather, Mr. Leslie.
*Brett Gardiner's lawyer Chris Hicks asks Jones about walkie-talkie found in barn, if it can be used to listen to cop calls (it could)
*Next witness: OPP Const. Brad Sakalo, TRU team member for the last five years. Called in on April 8, 2006, at 9:43 a.m. (precise!)
*Sakalo was assigned to "canine backup" on Stafford Line in Elgin County. He was providing protection for canine officers.
*They searched the bush area, the general area around the vehicles and farm properties on either side of the scene on Stafford LIne
*Sakalo said he didn't find anyone hiding out anywhere. Then got new assignment: go to lunch and wait for "further information."
*At around 1:45 p.m., his assignment was to monitor traffic in the area of Aberdeen Line and Cowal Road, south of Kellestine's farm.
*Sakalo: "Any vehicles that leave the Kellestine residence were to be stopped and searched." But no vehicles left, he says.
*Sakalo sees two men leave house and go to barn: one wearing black jacket/black pants, other in denim long-sleeved shirt/beige pants
*Sakalo was using a "spying scope" - like binoculars but only one lens and super powerful
* 6:43pm: sees two men outside, one with box and one with plastic bag. They come and go between house and detached garage several times
* There were sinister signs of what happened in Kellestine’s barn when OPP officers went in on Apr 9, 2006.
*Sakalo sees two men, one in black carrying heavy white plastic pails, then they go to beige car, but can't see what they do.
*Just before 9pm, denim shirt guy walks out of house, "walked down the laneway and locked a large gate."
*April 9, 10:24 am, two guys from night before (same clothes) and third guy come out of Kellestine's house carrying large plastic pails
*"Sakalo: All their activity involved carrying large plastic pails from the residence to the barn."
* 7 pm Sakalo is redeployed to help make arrests at residence. Another team already has three arrested, man and woman also in driveway
*Sakalo: "I was armed with an assault rifle, (another officer) was armed with the less lethal 37 mm" gun. (Reporters: less lethal!?!!)
*Next, Sakalo goes to "clear" the barn and outbuildings with other officers. Floor looked wet in some places and dry in others
*Sakalo: "The floor (of the barn) had a reddish brown liquid tinge to it. It looked like it had been smeared with a mop."
* Officer is cross examined. Frank Mather's lawyer asks if any of the people Sakalo saw had red hair. Cop says no. (Mather is a redhead)
*That's it for today.
-----------------------------------
Friday April 17 2009
*First witness: OPP Const Clare Shantz. He's with Tactics and Rescue Unit (TRU)
*Got to Stafford line at 10:36 am on April 8, 2006. Met up with canine unit
*Shantz did a canine grid search with other officers in bush area around Stafford Line. There were five TRU officers, 1 canine officer
*The officers didn't find anyone in the bush, cleared some properties around the area as well. Found nothing
*Shantz then told to go to Wayne Kellestine's farm on Aberdeen Line. Sets up on Cowal Road just south of the farm on 3:30.
*Shantz using high-powered binoculars to watch farm. Sees two men go from house to garage around 6:40, then come out 5 minutes later
*One carries a plastic bag, the other a tray. One guy wearing black jacket with large patch on back. Other guy has long hair
*Officer sees two guys searching in the grass on the farm, looking in the vehicles parked on farm, then go to barn & go in
*The two men eventually come back to a parked beige car, one with long grey hair goes in head-first, looking for something
*Both men look in blue car as well, then nothing. Shantz goes for supper from 7:25 to 8:44. Just before 9, long-haired guy closes gate
*Shantz also sees a brown and black German Shepherd on the property throughtout the evening/night
* At 10:10 pm, Shantz and another officer are relieved, they go to back of their van to sleep. Sleepy time until 7:10 am next day
*Three guys (two from night before and another) come out of house. They're carrying 5-gallon pails that appear to be full of something
*Shantz is back at farm next day to arrest people. Searches, places tie-wraps on Frank Mather, Brett Gardiner. They're taken by cops
*Shantz: "We don't use handcuffs when we're handing people over to other investigators because who knows if we'll get them back"
*After arrests, Shantz helps clear outer buildings (including barn) and house on Kellestine's farm. He went into barn w/ other officers
*Shantz:"If someone was in the loft they'd have a huge advantage over someone on the bottom," because person on bottom would be exposed
*Shantz will now be cross examined
*We're looking at pics of Kellestine's property
*There are two fences along parts of Kellestine's peoperty. Mather's lawyer is asking Shantz if that's a "dog run" for Kellestine's dog
*Mather's lawyer has been asking witnesses who were at Kellestine's farm about gates and fences (is one an electrified cattle fence?)
*Next cross by Bella Petrouchinova, one of lawyers for Brett Gardiner. She's asking about where the officer was, what temp. was
*Cross finished. Next up, OPP Const. Jon Gooeie. Arrived at Kellestine's farm at 10:20 am on April 9, 2006
*Officer positioned himself on Cowal Road, north of Kellestine's farm; he was there to relieve officers who'd been on scene for hours
* Cop: "My job was to contain the residence, make sure no one gets in, no one gets out."
* Using his "laser range finder," cop was able to calculate his exact distance in metres, from the house (479 metres)
*After seeing smoke from chimney, Gooeie could see arrests going down through "the scope of (his) sniper rifle
*First witness after Lunch is Michael Ryer, a cop with technical support section. White: "Sounds like our evidence will be rather boring, officer."
*On April 24, 2006, cops got permission to intercept emails from a home in Winnipeg. First intercept was May 8, 06
*An email intercept allows the OPP to intercept email traffic to and from a specific target address. Each email's date/time is recorded
*OPP tell Michael Sandham's Internet provider they'll be intercepting his emails. That's the only accused whose email was intercepted
*The witness and assistant crown are now going through every sent email and subtracting four hours to correct it. Fascinating
*Email names I've glanced so far: bandidopervert, prospectbones, iceman.d, carlito_bffb, lonersmc2, bffbtaz (last is Sandham's email)
*Sample subject lines: Hello Brother; Canada Solution; re: Chopper; Good afternoon. (Chopper is Luis Raposo's nickname)
*Now being cross examined, Ryder is coming under fire for the four-hour time error. (He calls it a "misinterpretation")
*After being told over and over that his evidence is boring, the witness has been dismissed. Now we're going for recess (outdoor)
*The judge is explaining what an expert witness is: someone who is qualified to talk about something and give opinion about that topic
*Expert witness is Bernard Miedema, Perth County OPP, electronic crime section senior investigator. He's a witness in computers, emails
*Miedema isn't an expert yet: first he gets asked questions by lawyers to make sure he knows his stuff. Then can be declared an expert
*Miedema tells Sandham's lawyer on cross that he has no computer science degree and that 50%-plus of his computer case were child porn
*Kellestine's lawyer Clay Powell asks witness about stealing wireless signals and how that relates to IP addresses
* Other defence lawyers jokingly accuse Kellestine's lawyer of trying to get free computer advice.
*No one objects to Miedema being a witness. On Tuesday, we'll hear his evidence
*That's it for the week
-------------------------------
Tuesday April 21 2009
*Trial should be back in session in a few minutes.. E-mails expected to be focus todayl
*Jury told legal issues come up at times that need to be discussed. Warned not to speculate about it
*First witness of the week is Stephanie Anne Salerno. Shown picture of husband Frank Salerno. Couple lived in Oakville.
*Salernos go out for dinner April 7. Frank receives calls on phone, says he has to go to work. Couple eat quick meal at Burger King
*Frank drops her off . Baby wakes 1:15 and Stephanie calls Frank's cell phone. No answer. Calls 4:30 a.m. No answer.
*Next day Stephanie spots family's BMW at convenience store. Can't reach husband on cell phone. Increasingly concerned
*Stephanie Salerno says husband took methadone. He was hooked on painkillers after a car accident, she testifies
*Stephanie Salerno questioned about e-mails. Husband on the computer a lot, she said
*Background: Frank Salerno was one of the eight shooting victims
* Stephanie Salernos says husband became interested in stag businesses as a way to make money. "He decided he wanted to get in on that
* Stephanie Salerno asked to listen to phone calls intercepted by police on April 7.
*Salerno recognizes husband's voice on calls. In one someone says: "If I was you I would get yourself to f------ church tonight."
*Salerno says she knew husband was Bandidos when they married, didn't know he was after. Said didn't know what it meant.
*Salerno said she thought being a Bandidos was like "being a member of a sewing club." She didn't know her husband carried a gun.
*Salerno said husband wanted a better life when they got married and moved to Oakville. She said he was a wonderful father, husband
*Frank Salerno was slowly trying to get off of methadone, Stephanie Salerno testified. She said he didn't have a cocaine problem.
* Stephanie Salerno now being cross-examined on statement gave to police on April 18, 2006
*Salerno said she returned home, probably Saturday night , to find a letter attached to her door. .
*Stepahanie Salerno shown pictures taken during search of her home after the death of her husband. Bandidos cards part of material.
*Salerno says she never saw husband wear Bandidos vest found in home. Also never saw gun in back seat of car.
*Stephanie Salerno denies her upscale Oakville home was paid for by husband's illicit activities with Bandidos.
*Court adjourned until 10 a.m.
-----------------------------------
Wednesday April 22 2009
*Good morning. Court is about to start
*OPP Det. Sgt. Bernard Miedema, computer expert, on the stand. He was qualified to give expert opinion last Friday.
* John Minerjo Miedema has prepared power point presentation on computer forensics, how to retrieve e-mails and other electronic data.
*Miedema is describing in excruciating detail how OPP e-crime section catalogues and handles computer evidence that has been seized.
*Miedema explaining each computer has its own unique IP address.
* Jury is being given lesson in how e-mail works, attachments, forwarding etc.
* Miedema says that all he computers he examined in this case used MicroSoft Windows.
* Computer files that are deleted from the recycle bin actually remain intact on the computer. Data can remain on computer for years.
* Miedema says when a computer file is deleted it is like removing the index card for a library book but the book remains on the shelf.
* franksal7o@hotmail.com identified as Frank Salerno's email address. Aliases for Salerno: "Bam Bam", "Bammer
*Email to Salerno on Oct. 5, 2005 told police he was a hockey player, met a Bonnie at a wedding and was "romantically inclined" to her.
* Police retrieved 16 emails from Salernos computer, 10 that were Bandido related.
* Email from Frank Salerno Jan. 16, 2006 "Quebec has put patches down. Ontario is standing tall."
* Other Frank Salerno e-mails refer to difficulty in arranging meetings with U.S. counterparts. Writes "give us a chance."
* Jan. 6, 2006 email from Salerno to crash4cash@hotmail.com describes struggles in putting together Canadian chapter of Bandidos.
* Miedema says his opinion crash4cash@hotmail.com is address of George Kriarakis, based on computer seized in Toronto.
*Document on Kriarakis computer: "It has been decided due to lack of participation Canada chapter is being pulled." Dec. 28, 2005
*Document on George Kriarakis computer advises Canadians to return Bandidos patches
*Email from Norinne Lee: "We would like a world wide vote from all our brothers before we return our Bandidos property
*Examining e-mails of Luis Raposa, alias "Chopperm"
* E-mails suggest Raposo is Canadian Bandidos secretary.
* E-mail from Michael Sandham to Raposo discusses lack of communication between Winnipeg and Toronto.
* OPP computer expert now explaining mechanics of Bandidos Canada website. Slogan: "We are the people your parents warned you about.".
*Afternoon break. Jury has heard details on who logged into Bandidos Canada website
* George Kriarakis e-mails reviewed. One from Big Deal Bill: "I want contact made within 24 hours. No excuses."
* E-mail from Frank Salerno to Pervert says attempts made to visit U.S.
* Document recovered from Kriarakis computer by Bill Sartelle
* Document from Kriarakis computer. Bill Sartelle to Canadian Bandiidos: "Return all patches."
* John Muscedere reply to Sartelle: "Your a peace of work." "Our club is our life and there is nothing worth living for without it
*Michael Sandham email address is identified as tazmanrider@hotmail.com.
* Jury now hearing about computer viruses from OPP expert
*OPP expert says emails found on bikers' computers were authentic and not the result of a virus. Court adjouned to 10 a.m. Tomorrow.
--------------------------------------
Thursday April 23 2009
*Court in session. OPP forensic computer expert Det. Sgt. Bernard Miedema continuing testimony from yesterday.
*Jury being provided booklet of Bandidos e-mails.
*Email Yellow Rocket to Chopper. "Seems like we have a problem here. You can’t come here, we can’t come there."
*Email Yellow Rocket to Chopper asks what happened to 60+ patches sent to Canada
*Note of explanation: Chopper is Luis Manny Raposo, 41, one of the eight gunshot victims.. . .
*Yellow rocket to Chopper Nov. 24, 2004: "What happened to Albertas Charter Fee? When are monthly donations going to be sent”
*Nov. 23, 2004 Email Chopper to Yellow Rocket: Brother Boxer was headed your way 5 times this year
*Oct. 9, 2005 E-Mail to Chopper from Bill 1%er: "Canada has not been meeting the requirements of belonging to this club."
* Oct. 9, 2005 E-Mail to Chopper from Bill 1%er: This must be remedied immediately. "Suggests person in charge visit US
*E-mail: "In the end Bandidos Canada is still a brotherhood untainted by greed and egos we stand beside each other as brothers united."
*Jury looking at email response from Canadian Bandido John Muscedere to Bill Sartelle email.
*Muscedere says in Jan. 6, 2006 e-mail there should be worldwide vote on status of the Canadian club before patches are returned.
*Muscedere email: Recounts how no one from U.S. came to Bandido funeral in Canada.
*Muscedere email: "“Are we a dictatorship or a brotherhood? What have we become.” “Our colours don’t run.
*Jury now looking at email from Frank Salerno to a Bill in Denmark
*Jan. 6, 2006 Salerno email says the Canadian Bandidos have been surrounded by six HA chapters, who did everything to shut them down.
*Salerno Jan. 6, 2006 email: “We have conducted ourselves as gentlemen and righteous Brothers through and through."
*Salerno Jan. 6, 2006 email: "Well Bill, now I need my club to show me that the Canadian brotherhoods blood was not shed in vain . .
*Jan. 6, 2006 Email Frank Salerno to Yellow Rocket: "Bill tell me what needs to be done to rectify this situation."
*Yellow Rocket email to Salerno. Jan, 4, 2006: "There are many conversations that need to take place . . . in person."
*Yellow Rocket email to Salerno: "I was there when it started and spent several hours in the back of the police truck in the snow."
*Jan. 16, 2006 email from Frank Salerno details attempts by Canadian Bandidos to cross border to meet with U.S. counterparts.
*Jan. 16, 2006 Salerno email: "There must be another place in this world we can meet. We have no problem getting into Mexico Europe."
*Jan. 16, 2006 Salerno email had been deleted from computer. Police didn't recover full text.
*Jury at Bandidos trial is seeing e-mail indicating growing divide between US headquarters and Cdn chapter.
*“I can’t believe what our enemies law enforcement and defections haven’t been able to accomplish, our own Brothers want to do "
*Jury looking at posting on Bandidos Nation World guestbook Internet site.
*"The No Surrender Crew Canada loves the life but never sold its soul." Feb. 28, 2006 posting on Bandidos Nation World guestbook.
*March 26, 2006 Email Michael Sandham to Dwight Mushey: "Things are going good. Do not answer Toronto at all!!!
*March 26, 2006 Sandham to Mushey: "W is coming out here to speak as well to the States. U.S. is behind us 100 % as well as Germany."
*March 2006 email Michael Sandham to Luis Raposo: "You have to stop calling all the guys so many times a day and night. "
*Sandham to Raposo: "Stop calling the brothers homes and families. If its money you need right way please say so."
*Raposo response to Sandham: "Once a week contact is essential."
*Court is reviewing May 6, 2006 Carlos Brigante email to bandidopervert in Texas.
*May 6, 2006 Brigante email : "Morale is low and I am doing my best to boost the situation as brothers are coming out of jail."
*Jury looking at e-mails intercepted from Michael Sandham in Winnipeg.
*May, 2006 e-mails to Sandham are from a Bandidos prospect.
*Prospect promises to have money deposited as soon as he can get it out of girlfiriend's ex.
*Bandidos complain in emails of high internet charges in Northern Ontario: "$6 a minute, that sucks."
*Prospect says in e-mail he has to keep low profile and not fly colours as he would be fired from job.
*Sandham writes to prospet that problem with his ex "can be dealt with in one weekend."
*Jury dismissed until 10 a.m. tomorrow. More emails expected to be introduced as evidence.
----------------------------------
Friday April 24 2009
* Morning session about to get underway. Jury expected to look at more Bandidos emails.
* Intercepted emails from Michael Sandham being reviewed with jury
* Sandham to Bandido Pervert in Texas May 15, 2006: "From now on Canada will be run the True Bandido Way.
* Bandido Pervert to Carlos Brigante May 14, 2006: "No where except Canada has a Bandido become a Hell's Angel or vice versa.
* Bandido Pervert : "I hope I am making my self clear on the things that have happened in Canada in the past were not right at all."
* Sandham email to Bandido pervert May 22, 2006: "I can see you are probably very confused, frustrated, and very pissed off right now."
* Bandido pervert to Sandham : "The one think I wonder is where are all the patches that went to Canada . . . they should be destroyed."
* Bandido Pervert emails to Carlos Brigante May 14, 2006:
* Bandido Pervert: "I have dealt with a few people from Canada in the past and I have never gotten the CORRECT story ever."
* Bandido Pervert: "Who we are not is CRIMINALS . . . we are a motorcycle club with riding principals first."
* Bandidos Pervert: "ANYONE WHO DOES NOT HAVE A HARLEY IS NOT A BANDIDO. I say this because we are a motorcycle club . "
* Bandidos Pervert: "The patch don't make the man the man makes the patch."
* Jury now looking at email from Bandidos USA sent on June 7, 2006.
* Bandido Jeff: "Duet of the totally f-up situation Canada, all official membership of the Bandidos Motorcycle club will be suspended .
* Bandido Jeff: " . . . there has been nothing but lies and deceit running rampant."
* Bandido Jeff: "You peple change Patches like you change your underwear! "
* Bandido Jeff: "We do not have or never will have cops or ex-cops in our Club. Taz can no longer be a member of our Club."
* Bandido Jeff: "You have 2 supposed chapters in Canada. But you don't speak to each other. You talk shit about each other . . . "
* Bandidos Jeff: "And one more thing. Bandidos don't vote. They do what the f--------- they're told. I wish you the best of luck."
* Email to Carlito June 7, 2006 seized from Sandham's computer: "I guess Canada will never get endorsement from the states."
* Emails intercepted Sandham computer. No author identified, June 13, 2006 "You are asking me to throw down my patch. Over bullshit!!"
* Email June 12, 2006 from Bandido pervert: "At this time Canada is frozen completely. This may change, this may not change."
* Bandido pervert email: "You say east is east and west is west . . . that will not work, that is not how we do things . . "
* Jury has been excused until Tuesday, 10 a.m.
------------------------------------------
May 26 2009
* Over before it began: court in recess until about noon, discussions to be had in private. I'll be back then.
* Jury being asked back into the courtroom
* Court Fact: Reporters, twitterers, etc., can't report anything that's not told in front of the jury. No jury, no reporting
* Judge: There's been a tragic turn of events this morning. Mushey's lawyer's wife is gravely ill, he had to withdraw from the case
* Judge: Ed Royle, Mushey's lawyer, withdrawn. Can't continue with the trial this week because need figure out how to deal with this
* Jury told they're dismissed until Tuesday at 10 a.m. The jury is on standby, will still be paid, judge says
* Judge: When this many people involved in a trial, it's inevitable that someone will have problems - that's what were dealing with now
* That's it for the trial on Twitter until at least Tuesday at 10 a.m. Back to the newsroom for me .
----------------------------------------
July 14 2009
* Hitch in twittering trial. New rules today for this witness. No laptops or other devices in overflow court
* New rules. Red sign posted outside coutroom 6. No laptops, cellphones, recording devices or other electronic devices are allowed
* The rules are in place "when a witness whose identity is subject to a non-publication order is testifying.
* I will be resorting to a pen and notepad and filing tweets during breaks. Not the usual play by play but it is the best for now.
* Witness covered by publication ban has taken the stand. First asked to identify defendents and photos of dead bikers.
* The witness can only be identified as M.H. although his full name is being used in court.
* MH became involved in selling drugs, cocaine, when he was about 30. Sales were from a bar in Winnipeg.
* MH got a cut of the sales, $5 out of $20 sale.
* MH joined a support club for the Hell's Angels. The club provided security to the Hell's Angels when they stopped in Winnipeg on rus.
* Along with the new media rules there are more reporters here - Globe and Mail and CBC in addition to the Star and other regulars.
* MH was charged twice for drug trafficking, convicted once. He was given two years of house arrest.
* MH 'S motorcycle clib folded. He is contacted by a man in jail about joining the Bandidos. Initially said no.
* Contacted again months later and decided it to consider it with a work associate Dwight Mushey.
* Mushey and MH met with local vp of Bandidos. Filled out form with name, address, drivers' licence. Waited month for security checks
* Met with Manitoba chapter president Michael Sandham. Provided guidelines on joining Bandidos.
* Sandham tells MH and Mushey "Hell's Angels are about the money and drugs. Bandidos are not about that.
* Court reviews document on rules for Bandidos Winnipeg chapter, including the cllub structure.
* MH said Bandidos could vote at "church" but club president could impose his decision.
* Members had to attend church if they wanted to stay members. If they were late there was a $20 fine for a half hour, $50 for an hour.
* Do's and don'ts of Bandido membership in document. "If it doesn't grow don't smoke it" rule allowed marijuana use, not other drugs.
* Document also stated "this club is about sacrfice, get used to it."
* Another piece of advice was "It is a lifelong commitment so don't rush it."
* MH said he paid $750 for his Bandidos patch, but he never got it. Club ended up making their own in Winnipeg.
* As club president Michael Sandham required that he alone handle communications with National and other clubs, MH testifies.
* Jury out for about 20 minutes for legal arguments. When back in MH questioned about church in 2005.
* MH describes summer 2005 trip to Toronto to meet Toronto Bandidos. Stayed after at hotel with Wayne Kellestine.
* Kellestine said he would advocate for Winnipeg getting full status in Bandidos. He wanted Bandidos to grow, MH testified.
* Kellestine wanted a chapter in every province, as many as possible. He wanted growth, MH testified.
* Afternoon session underway. MH questioned about 2005 trips to Toronto to meet Toronto Bandidos.
* Toronto club continues to refuse to support Winnipeg receiving charter. MH questioned why Sandham didn't speak up during church.
* Winnipeg club expanded membership in late 2005. Brett Gardiner from Saskatchewan to Winnipeg to get fast tracked, MH testified.
* Gardiner didn't have a Bandidos patch because he didn't have a vest to put it on. "He didn't have any money," MH said.
* Court hears how MH coded phone numbers in case his book was looked at by police. The system involved subtracting from 10 coded one.
* With the code 5 and 0 remained the same. Coded 278-4894 was actually 832-6216. Other Bandidos used the system
* Trial adjourned until 10 am with MH back on stand.
-----------------------------
July 15 2009
* Bandidos trial back in session at 10 am with MH on the stand. Full house for public with overflow courtroom being used.
* MH talks about e-mail from Bill 1 percenter on Dec. 12, 2005 saying it has been decided to pull Canada's charter
* The e-mail cites lack of participation by the Canadian members. All patches are to be returned to U.S. immediately.
* MH says Winnipeg Bandidos surprised by the news. It meant the Manitoba Bandidos chapter would no longer exist.
* Manitoba Bandidos decide to contact U.S. directly by e-mail. Michael Sandham tells U.S. he hopes they can work together on issue
* Meeting set up with top Bandidos at park on border Washington state and B.C. Sandham attends.
* Wayne Kellestine also at meeting. MH hears results after.
* Decisions include Toronto chapter eliminated, new London Bandidos to be formed. Up to Kellestine to pull Toronto patches
* Winnipeg to become full chapter of Bandidos under the plan.
* March 25 meeting in Winnipeg, members prepare for trip to Toronto. MH said group wanted to know what going on with pulling TO patches
* Winnipeg members drive to London area in Sandam's truck. On the trip are Sandham, MH, Dwight Mushey and Brett Gardiner.
* Winnipeg Bandidos arrive at Wayne Kellestine's farm southwest of London on March 27, 2006.
* At Kellestine farm, MH and Mushey told that Toronto Bandidos were in Winnipeg to kill Michael Sandham.
* MH: "They were hoping Dwight and I would fall in line under their rule." Carlito was to be new Manitoba president.
* In addition to 5 Winnipegers at Kellestine farm, there was Frank Mather, his girlfriend, Kellestine's partner and daughter.
* Photos of Kellestine farm house now being shown to jury. MH describing where he slept on couch in livingroom with fireplace.
* MH testified the Winnipeg Bandidos were at the Kelllestine farm for two weeks. Couldn't drink the water on the farm
* MH identifies Frank Mather in video wearing a t-shirt with Fat Mexican Bandido logo on the front. Only members could wear it, he said
* Bandido trial back in session with M.H. On the stand testifying about time on Kellestine farm.
* During second week of stay Kellestine trying to figure out how to pull the patches of the Toronto Bandidos.
* MH says Sandham proposes shooting Boxer with a rifle when he walks out on his balcony. No action was taken on the idea.
* Another idea for pulling patches was for Kellestine and Frank Mather to attend church in TO and tell members they are out of club.
* Eventually plan adopted to tell TO members to attend church on Kellestine farm. Toronto agrees to come
* MH tells of visit to elderly neighbour to obtain ammunition. Obtained some rusty shotgun shells
* Kellestine tells others the ammunition is needed in case pulling patches doesn't go well.
* Just in case be prepared for worse,"
* The day Toronto members to arrive, Kellestine brings out weapons in pieces. Everyone works to clean guns and put them together.
* MH shown gun in court. Crown says all guns in court have been made safe with locking mechanisms and no ammunition.
* In last hour today MH describes preparations for church meeting with Toronto Bandidos. Shotguns and rifles assembled, loaded.
* The plugs that restrict the number of shells in shotguns were removed to allow more shells. One shotgun was sawed off.
* The preparation of the guns took two to three hours, maybe more, MH testified.
* Court now adjourned until 10 am tomorrow. MH back on the stand.
-----------------------------------------
July 16 2009
* The bandidos trial is scheduled to be back in session today at 10 a.m. Details of the killings expected from witness MH.
* Court delayed this morning ffor at least a few minute.
* Court has been adjourned until 1:30 pm today. No evidence heard this morning. MH is expeceted to tal about actual killings today.
* Bandidos trial back in session. MH shown 3 minute video shot in Kellestine house.
* After assembling and loading firearms, MH testifies Michael Sandham puts on bullet proof vest.
* Dwight Mushey swears at Sandham: "You should have fucking told me you were bringing your vest. I would have brought mine
* Sandham pulls rubber surgical gloves out of his pocket and throws them on the table. Everbody starts putting them on.
* "Nobody said anything," MH testified. The men in the farmhouse then put on other gloves over the rubber ones.
* Kellestine has told the group waiting for the arrival of the Toronto Bandidos: "If we kill one, we kill them all."
* The Toronto Bandido that worried Kellestine the most was Boxer, John Muscedere, MH said.
* "He said if he can get Boxer the rest would fall into place," MH said. It was like cutting the head off the snake.
* MH testified nobody questioned Kellestine, nobody said we can't do that.
* Brett Gardiner and Frank Mathers were to stay in the farmhouse and listen to a police monitor.
* MH, Michael Sandham and Dwight Mushey head to the barn. MH has a pump shotgun, Sandham a .303 rifle and shotgun.
* Mushey has a sawed off shotgun
* MH shown pictures of interior of barn on Kellestine farm.
* MH testimony describes wait outside, going back in barn, and struggle to get CB radio working with house.
* Court has taken its afternoon recess. Should be back in action in about 15 minutes.
* Crowd at trial is larger today. Some family members of the deceased are in the main courtroom.
* Four cars arrive at Kellestine farm as MH and Dwight Mushey watch from outside barn. People go inside barn.
* MH goes to side of barn where there is a hole and listens. Hears Chopper talking with Kellestine and John Muscedere.
* Chopper says he has an fuckin surprise for Michael Sandham when he shows up. "He is going to put a fuckin hole in him."
* MH and Dwight Mushey waiting in dark with shotguns outside barn hear gunfire.
* MH: "First thing I hear is pop, pop, pop, a loud bang, another bang, a few more pops.
* Gunfire sounds last five to six seconds in total.
* MH testifies he and Mushey work there way to barn and can hear Wayne Kellestine yelling.
* MH: "Kellestine is yelling, telling everybody to get on the floor, not to move."
* Mushey goes into the barn first, followed by MH. Both have their shotguns. MH tells what he saw.
* Kellestine is holding what looks like a .22 rifle. Next person he sees is "Pony"
* He is laying face down on the floor, not moving or making a sound. Crash and Paulie are in the same position.
* MH sees Sandham in the loft, pointing his rifle downwards, Then he sees Chopper.
* Chopper is seated on the floor, his left arm on a couch. It looked like he had a wound in his neck and his chest.
* MH: "It looks like he is trying to say something but there is no sound."
* MH then sees Bammer and Jamie Flanz on the floor, face down.
* The last one MH sees for about an hour is Boxer facedown on the floor.Then Little Mikey stands up.
* Court has been adjourned to 10 a.m. with MH continuing testimony.
--------------------------------------------
July 17 2009
* Court back in session. Jury shown large, one metre-wide photo of interior of barn on Kellestine farm.
* MH describes scene with Wayne Kellestine moving to centre of area and Toronto Bandidos on the floor.
* Wayne is yelling: ""Where are the other fucking guns, I know you brought them."
* There is a double-barrow sawed off shotgun on the floor next to Chopper. Wayne orders Bammer to kick it over to him.
* Wayne removes a shell from the gun that appears to have been fired, MH testifies.
* Wayne tells Toronto members they are done as Bandidos by order of the U.S., that he is going pull patches
* At one point he orders Mikey to go to each Toronto member and get a list of their Bandidos property.
* Mikey has a swollen eye, all purple, the size of a small baseball, MH testifies
* "It looked like it was getting bigger as the night went on," said MH.
* Jury shown graphic photo of Little Mikey, head slumped to left, blood covering much of face.
* Inside barn, Crash is complaining about being shot in the abdomen, Pulls up shirt to show the wound.
* MH said there was a small hole on the right side of Crash's belly button
* Paulie had a wound in his right thigh. Pulls down sweat pants to show small holes.
* Bammer had small holes in his right calf.
* Chopper had been placed on the floor. There was an argument between Kellestine and Boxer over Chopper.
* MH: "Boxer was saying we have to get him to hospital, we have to get him some help."
* Wayne said he was already dead. Boxer checked his pulse.
* MH said four or five times during the night Kellestine dances a jig and sings a German song.
* Pony complains about being cold. Gets up and sits on a chair. Wayne puts a blanket around him.
* Wayne tells Paulie he shouldn't have run for the door and that's why he shot him.
* MH testifies that Crash is speaking in a foreign language the thinks was Greek. "It sounded like he was praying."
* Bammer tells fellow Toronto bikers to shut up and stop whining, MH said.
* Bammer; "Keep your fucking mouth shut, stop your whining. We know how the game is played. We are bikers . . .
* Wayne pulls out an area rug and Chopper's body is rolled up in it and carried out of the barn
* MH testifies that Wayne hits Flanz when he walks by calling him a fucking Jew.
* Kellestine says Flanz is a police informer and he is saving him for last.
* Toronto Bandidos say the Lord's prayer after Chopper dies. Kellestine gets down on one knee and joins them.
* Boxer defends Flanz, says he wasn't an informer, that there was a killing at his place and he never told anyone
* The rest of the quote: "We are bikers not boyscouts
* There is an argument in the barn over the dues paid by the Winnipeg Bandidos. Sandham says the money was sent.
* Boxer said he never knew the money was sent, that Chopper never told him.
* Boxer tells Kellestine: "Do me, do me first. I want to go out like a man."
* Kellestine replies: "John. Come on. we are going to let you go."
* MH testifies at this point cell phones that have been taken from the Toronto Bandidos ring.
* Boxer said it was his wife calling. Kellestine says to answer it, but not to say anything fucking stupid.
* MH has been matter-of-fact during most of his testimony. Chokes up a bit at this point.
* Boxer tells his wife on the phone that he will be home in an hour or two, that he is attending church, and he loves her.
* Boxer sits back down, while Wayne, Mushey and Sandham go outside.
* When they return, Boxer is told to stand up and follow Wayne outside. Frankie follows the two outside
* Brett Gardiner comes in the barn as the three leave. MH said he hears pops, maybe two or three.
* Gardiner turns to MH. "Did you fucking hear that. I should go check on Wayne."
* Gardiner is told to go back to the house. When Kellestine and Frankie return, Boxer isn't with them.
* Wayne tells Crash to get up and follow him out. Dwight Mushey falls in behind. Crash had been complaining about wound.
* Each time someone is taken out of the barn Wayne is gone for about 20 minutes.
* When Wayne returns, he tells Pony to follow him. This time MH follows behind with his shotgun
* MH said they walked across the yard to a tow truck and Pony is told to get in the driver's side.
* MH: "Pony was half in, half out. Wayne shoots him in the head." Wayne then lifts up his shirt, sticks the gun in, and shoots again
* MH said he could see Crash in the back, leaning towards the driver's side, not moving.
* When Wayne shot Pony in the head, MH estimates the barrel of the gun was two to three inches from his head.
* Kellestine tells MH to put Pony's foot in the truck, close the door, and drive it to the gate.
* MH is then told to back Jamie Flanz's car into the spot and open the back. MH and Kellestine return to barn.
* On the way Kellestine is "bitching" about having to do all the "wet work" himself. Wet work is killing.
* M.H.: "I didn't know how to answer."
* Wayne goes back to the house for about a half hour. When he returns he has buckets with him.
* Little Mikey and Jamie Flanz are ordered to start cleaning the area where Chopper had been bleeding.
* The two work with a mop and push broom. MH said it is quiet in the barn at times with music playing in the background.
* Kellestine asks Paulie to follow him out of the barn. Sandham follows behind.
* Again, MH testifies he hears pop, pop, pop. "Maybe three, maybe five, but not more than five."
* Kellestine and Sandham are outside the barn for about 20 minutes. When they come back "Paulie didn't come back in."
* Flanz and Little Mikey are still cleaning the floor when Kellestine returns and tells Bammer to follow him.
* From what I can tell, MH appears to be wiping away tears at this point. Someone in the main court is crying.
* Bammer gets up and goes behind a freezer in the barn. MH says Bammer walks by him.
* In the stand, MH now has his head down, crying. The judge adjourns the trial until 2:10 p.m
* Court back in session 2:10 p.m. MH talks about Bammer walking by him on his way out of the barn.
* MH is in tears. Pauses for 20 seconds before continuing with his testimony.
* MH said Bammer puts his hand out to him. "He wants me to shake his hand."
* "I won't shake his hand or anything." Bammer then extends his hand to Dwight Mushey, who shakes it.
* Bammer then follows Kellestine out of the barn, Mushey following behind him.
* Earlier in the night, MH said Kellestine had kicked Bammer in the head and told him to shut the fuck up.
* MH says he again hears pop, pop, pop. "Two, not more than five."
* While Kellestine is outside, MH said Flanz and Sandham have a conversation about their kids.
* Twenty minutes later Kellestine returns and tells Mikey to follow him. Dwight Mushey falls in behind.
* "Pop, pop, pop." Only Kellestine and Mushey return to the barn, MH testifies.
* Kellestine tells Flanz to follow him and starts walking to the door. Everyone now follows outside.
* Flanz is ordered into the back of a car. Sandham has a handgun and sticks it in the back window. He tells the others to walk away.
* MH testifies he turns away, there is a bang and a flash.
* When he turns back Sandham is working with the gun and says it is jammed. Sandham heads to house.
* When Sandham returns he gets in the car, turns around and shoots Flanz in the chest.
* Gardiner and Frankie are trying to get the hatched closed on a vehicle, but have trouble. MH tries to help.
* Paulie was in the way." MH
* Kellestine is becoming agitated, wants the others to leave.
* Kellestine: "Come on you guys you have to get going. It is starting to get daylight."
* MH leaves driving tow truck, Frankie has Jamie Flanz car, Sandham in his Jimmy, Dwight has Little Mikey's vehicle.
* Kellestine tells them to head to the Kitchener area. They make their way to Highway 401.
* After driving a stretch of 401 they turn off heading south. Then they turn down a gravel road. Tow truck gets stuck on shoulder.
* Everyone loads in Sandham's vehicle and drive back to Kellestine's farm.
* Correction on earlier Tweet. Sandham shot Flanz through car window, but Mushey later shot him in the chest.
* Kellestine asks returning group: "How fucking far did you guys go?" Mather said he was running out of gas.
* Kellestine tells group to take off clothes as they go in house. They are left on the porch.
* Inside the group takes apart guns and wipes them down. Kellestine starts going through stuff left by Toronto Bandidos.
* Cell phones, wallets, vehicle registrations go in black garbage bag. Kellestine offers money with blood to Sandham
* Sandham turns down the wad of cash. Kellestine keeps a hat and knife.
* Change left by dead bikers is put in a "potty jar" for Kellestine's daughter.
* Couch, clothes and other material are put on fire pit and lit with gasoline.
* There is a discussion about what to do about two Toronto bikers in Winnipeg that were sent to kill Sandham.
* Kellestine: "Do them when you get back there."
* Gardiner to stay behind with Kellestine, others say goodbye and shake hands with Kellestine.
-----------------------------------
July 21 2009
* MH on stand being asked to identify voices in intercepted phone convos btw Bandidos prior to the "church meeting."
* So far he's IDed Cameron Acorn, Frank Mather, George Jessome, Paul Sinopoli. Jury has heard these tapes before, this just for record
* MH now going through a little black book filled with coded biker phone numbers, IDing the bikers and their numbers.
* Crown asks MH if he ever objected to the people being led out and shot? No. Did anyone else object? No
* MH describes who had what guns throughout the night: he had black long-barrel shotgun and a .303. Others had sawed off shotgun, .22,
* Also used were single-shot shotgun, pistol. Gardiner never had a gun, MH says. "We kind of exchanged guns all night, you could say."
* Any of the eight Toronto Bandidos have guns at any point? No, says MH.
* The trip home: Taz (Sandham), MH, Mushy and Marcelo (Aravena) leave in a red Jimmy with Manitoba plates, make way to Winnipeg
* First pit stop: Walmart in Barrie, because Taz and Marcelo needed shoes, theirs were burned in fire pit at Kellestine's house.
* Mushy and Aravena go shopping, buy: chips, pop, sandals, cheesies, shampoo and razors. Jury shown Barrie Walmart surveillence footage.
* "They bought Head and Shoulders shampoo because Dwight (Mushy) said it's good at removing GSR (gun shot residue)" MH says.
* Next pit stop: Ice cream place on Hwy 11, got gas, went to the bathroom. Next, all go to Truck stop to take a shower.
* Taz and Dwight came out of shower clean shaven. (Before, Dwight had a gotee, Taz had the start of a beard).
* MH has been back to the truck stop since, he says, with two cops when he was retracing the route taken by the four Winnipeg Bandidos
* Morning recess. Very compelling evidence today (who knew about Head and Shoulders and GSR!?). Learn something new every day.
* On trip back to Winnipeg, the radio is on and broadcasting the news of bodies found. The four come up with a cover story
* Once they get back to Winnipeg, MH meets with a cop and tells him cover story. Eventually he meets with two more cops and makes a deal
* In exchange for immunity, he must help investigators. Agreement is signed and dated June 9, 2006, just over a month after the killings.
* MH tells of having gall bladder problem, being in hospital getting visit from Mushy and Aravena. Mushy talks about Jamie Flanz's face.
* "He said Jamie looked at him when he went to finish him off, how his eyes were big and he looked like he was trying to say something"
* The two laugh. Marcelo says he was scared that night. Dwight was teasing him about it. Both started giggling.
* We're about to hear conversations that MH recorded while wearing a wire . . . Stay tuned
* Scratch that. Some of the accused and jury have requested headphones, so we're taking an early lunch. Back at 2pm
* Court about to resume. Going to hear wiretap evidence from MH. Will tweet during lulls.
* We've been hearing phone taps about patches, etc. Now about to hear MH bodypack recording.
* MH was to talk to Taz, Marcelo and Dwight and get them to talk about the events at Kellestine's barn while cops recorded and listened
* MH would meet with cops and they'd discuss ways he could get the other guys to talk about the killings, they'd bounce ideas around.
* Bandidos have hand signals they use because they're always afraid cops are listening or recording MH says
* Cops tell MH that when he's wearing the wire, he should sometimes say the words to let them know on the record what is going on.
* In one convo, MH and Mushy are in a car. MH lies to Mushy, tells him Taz said he killed three people. "Three is my number" Mushy says
* Mushy says "Let's ask this guy," holding up fingers in the shape of W (Wayne Kellestine).
* Mushy says "we talked about this" (holds up eight fingers) and says it's made them united.
* Mushy: who did what or whatever, it doesn't matter. It's all the same shit.
* Mushy: whether you do this (makes throat cutting gesture) or this (makes holding someone at gunpoint motion) it's all the same shit.
* Mushy asked Taz why he didn't kill Jamie Flanz with the first shot. Taz says it's because Jamie had kids and he (Taz) has kids, too.
* "You gotta have a lot of respect for this guy (holding up W, for Wayne Kellestine)." MH says he thought Wayne would kill Taz, too.
* MH to Mushy: At one point, I thought we were all going to get it, he says. (He thought Wayne Kellestine was going to kill them all).
* MH and Mushy talk about how hilarious Wayne was singing the night of the killings. "Cause that guy is fucked," Mushy says of Wayne
* MH: Marcello seemed nervous. Mushy: Yeah, at the end there he almost had this expression (runs finger down face in crying motion)
* Mushy about Taz: I don't fucking trust him at all. He's fucked, that guy.
* Trial is adjourned until 10 a.m. tomorrow morning. Over and out.
-----------------------------------
July 22 2009
* We're about half an hour away from the beginning of more testimony from MH at the Bandidos trial. Tweets will be in spurts again today
* MH and Mushy go to they gym and are talking "about the people we murdered at Wayne's house," MH says.
* MH says he didn't kill anyone but he went outside while people were being killed. Mushy says Boxer went out like a man.
* Mushy says Crash cried and Bammer was "yappin' the whole time." The two leave the gym and go to Taz's house, where recording continues
* MH, Taz, Mushy sitting around Taz's basement, talking about Taz's trip to the Bandidos HQ in Texas, where biker business is discussed
* Taz describes all the rivalry between Winnipeg Bandidos and Toronto guys (incl. guy named Carlito, now in jail for a different murder)
* Carlito telling Texas he's in charge in Canada, Taz saying he wasn't. Mushy wants Texas to make the Winnipeg charter official
* MH: Taz was telling us American Bandidos didn't want to hear about the eight people murdered. "You guys take care of it" they told Taz
* Bandido fact: you can't even apply to be a Bandido if you've so much as trained to be a cop or guard. It's a strict rule.
* Cops were around so Taz got out of Texas. Mushy was concerned this (holds up eight fingers) would get around in the biker world.
* Winnipeg Bandidos wanted Texas to put up an official notice about their club or else the Winnipeg Hell's Angels' would cause problems
* MH: Without official notice, we'd just be guys wearing 1% patches and that's a big no-no in the outlaw biker world.
* Taz, Mushy, MH go over the cover story (that they left Wayne's barn before killings. Mushy and MH leave Taz's and they talk about him
* MH & Mushy not sure if they can trust Taz's Texas stories. Taz told them not to wear patches in public but they gonna do it anyway
* Bandidos speak: "The other side" refers to Hells Angels.
* Lots of talk about the Bandidos website and the guest book, and whether or not MH and Mushy should sign it with "Love and Respect 1%"
* Next bodypack evidence is from next day, June 13, 2006. MH, Mushy, Araveno at Mushy's house, playing video games, eating pizza pops
* Two Winnipeg cops show up, ask to speak to Aravena (aka Fat Ass), who is sleeping. They take Aravena outside, talk to him.
* Aravena comes back, tells MH and Mushy that cops were asking him about patches, etc.
* Interesting: MH wore wire, elicit info, then go back to hotel room with two cops who took video/audio statements, MH wrote out notes
* As Mushy plays a video game, MH and Aravena talk about the cops (MH wants to know if they were nice or assholes).
* MH and Mushy speculate the cops were after Aravena cause he's the lowest guy on the totem pole (prospect member).
* MH says to remember the cover story. Mushy. Afraid his house is bugged, tells the guys to "just tell the truth." Truth = cover story
* End of wiretap/body pack evidence. MH now being asked to identify trial and police evidence. First to, a vest.
* After careful examination of the stitching and patches, MH declares "that's my vest." He knows cause of the bright yellow stitching.
* MH describes his vest has a 1% patch on the front, at back on bottom has Canada, means he's a full-patch member of the Bandidos.
* Next up he identifies Mushy's vest, then Taz's vest, which doesn't have a 1% on it and a back bottom patch that says Probationary.
* Mushy was in charge of all the vests and the patches as the secretary treasurer. Patches and where they're placed are very important
* MH: All patches, once they're removed from a member, are supposed to be burned. You're not allowed to transfer the Fat Mexican.
* If you're a full-patch member, you have a 1% on the back and one over the heart. The patches are supposed to come from the US.
* Aravena's vest is a prospect vest. MH can tell because it has a buckle in the back and nothing on the front.
* "Dwight and I were teasing him (Aravena) about it, telling him he looked like a waiter in it," MH says.
* Buckle meant Aravena's vest wouldn't have room for Probationary patch on it, he'd have to remove it or get a different vest.
* Despite rule that all patches must come from America, Mushy had a friend who was making vests for them. Had measurements, etc.
* Crown almost done with MH's testimony, except for one issue. Now he'll undergo cross-examination by each of the six defence teams.
* Court is adjourned until 10 a.m. tomorrow morning. Thanks for reading.
--------------------------------
July 23 2009
* MH will likely be cross this morning at the Bandidos trial.
* Cross examination of MH about to begin by Don Crawford, lawyer for Michael Sandham (Taz).
* Taz's lawyer going over some Bandidos rules with MH, about drugs (except pot) not being allowed.
* Some testy exchanges btw MH and Crawford: Lawyer: Is that whay you said? MH: I guess. Lawyer: We don't want you yo guess here, Mr. H.
* Crawford going over preliminary inquiry answers given by MH, saying they don't match.
* Lawyers taking a long, long time to pull up appropriate transcripts . .
* Lawyer: This was not set up to be a killing, it was set to be a mere pulling of patches, right? MH: yes
* MH says he was in touch with the Winnipeg police before the killings as well as after.
* Lawyer: In the barn, was it like the wild west days where you check your guns at the door? MH: I don't know what you mean by that
* More delays as Taz's lawyer looks for page numbers and as court tries to figure out where they are . . .
* More testy exchanges between MH and Crawford about who was where when initial shooting took place. Crawford says things not adding up.
* Mushey and MH were outside of barn, Kellestine and Taz were in barn, Gardiner, Mather and Aravena were in Wayne's house
* Lawyer suggests MH was in barn. MH: You can suggest all you want, I heard what happened, I saw what happened. I was there that night
* During shooting of Flanz, Crawford says MH couldn't have heard gunshot, then seen flash, because light travels faster than sound.
* MH replies: Yeah, but we're not talking about thunder and lightening. MH says gun jammed fist time Taz tried to shoot Flanz
* Lawyer says someone with Sandham's military and cop experience would have known how to unjam a gun. MH: I dunno. I'm not a gun expert
* MH says Taz helped assemble, then take apart and clean, some of the guns. Now, morning recess.
* Crawford continues cross, asks MH if he was ever charged, convicted of the killings, MH says no but he's in witness protection
* MH showing his witty side. Crawford asks if he was convicted of the eight killings? MH: No, I don't think anybody's been convicted.
* Crawford finishes his cross examination. Next up is Frank Mather's lawyer, Leslie. He gets right in there, firing questions at MH
* Cops said they'd pay you $750,000, right? Yes. That's a lot of money? Yes. You're a drug dealer? I was. Ever make $750,000 dealing? No
* MH says the witness protection program pays his bills, his rent, in exchange for his testimony.
* MH says he was an informant all along, his Winnipeg handler was a cop named Diac, he had his phone number memorized.
* Leslie: sir, you weren't going to Kellestine's farm for a social visit? MH: No, we were going to get the Toronto guys' patches.
* Leslie: Pulling patches is serious business, fair to say? MH: Yes. Can any Bandido talk to any other Bandido at any time? MH: Yes
* Leslie:You're saying a prospect can go up to a full-patch member & say 'I don't like you.Give me your patch'? MH: I wouldn't advise it
* Leslie: Were you bumped up to a full patch member as a result of these homicides and your participation? MH: Yes
* MH called his handler, his wife and kids from a payphone in Dutton. Got handler's voicemail, then next time his voicemail was full
* MH says he'd never seen Frank Mather before Kellestine's house. He arrived a week after Winnipeg guys cause he needed a place to crash
* Leslie: When did you talk about the murders? Did the cock crow and all of a sudden there was discussions of mass murder?
* Leslie asks why MH didn't call Diack (Winnipeg handler) to tell him of plan to kill TO members. MH: Disnt have any cellphone minutes
* MH: Wayne made it clear we weren't allowed to use the landline and there were others around so I didn't want to call
* Leslie to MH: You lied to Diack? Yes. You lied to your wife? Yes. Did she know you were an informant? No.You're lying to everyone? Yes
* Leslie: You're not telling anyone, and any of your friends, you're an informant, are you? MH: Not if I want to stay alive, no
* Problem arises with transcript: MH says he said "Wayne wants to know if Chopper was shot BY MISTAKE," transcript says "BY THE STATES"
* Lawyers arguing whether jury should watch original video statement by MH to figure out which is right.
* About to watch . . . Sounds like "shot by mistake," Leslie concedes. Justice in action
* MH says Kellestine's property was surrounded by an 8-foot inner gate that was chained and padlocked.
* Having guns was meant to be a show of force in case the TO guys refused to give up their patches, MH told the preliminary inquiry.
* When MH heard the pops and ran into barn, he sees Wayne with a shotgun standing over the Toronto guys, who are on the floor face down
* MH had testified that Mather was "skittish" that night
* MH says on three occasions (original interview, prelim, earlier last week) that he wasn't sure if Mather ever went outside w/ anybody
* MH I know people went out. I know Taz went out. I know Mushey went out. I'm not certain if Frankie (Mather) went out
* End of Leslie's cross. Next up is Bryant, lawyer for Marcelo Aravena. He starts by pulling out a photo of Raposo (Chopper), alive
* Bryant: Here's a picture of him, dead. You saw him wrapped in a rug, carted out like a piece of garbage. You didn't kill him? MH: No
* Bryant: Did Mr. Aravena kill him? MH: No. Bryant: Here's Boxer. He's dead. Did you kill him? MH: No. Bryant: Did Mr Araveno? MH: No
* Right after picture of Crash, MH wipes his eyes, crying. He gets quiet, court gets hushed.
* MH says they didn't plan to kill anybody. There was no plan whatsoever to kill anyone.
* Byrant goes over eight dead men and says his client, Aravena, is No.9. (or could have been). He suggests MH could have been No.10
* At time of killings, Aravena was nervous. He was "cryin' whimperin" MH says. Mushey laughed about Aravena being scared
* MH says he was scared too, thought they might all "get done." Yes, Aravena seemed nervous that night, MH says.
* Marcelo wasn't singing. He wasn't dancing. He wasn't doing a jig. He wasn't dancing around like a princess. He was sweating like a pig
* Bryant: In fact, he was like a deer in the headlights. And you? MH: Yes, me too. Wayne was telling everyone what to do
* After Pony, you didn't know if you were going to get done (MH wipes eyes). We can't take that from you. Marcelo No. 9, MH No. 10.
* That concludes Bryant's cross examination for the day. We continue tomorrow at 9:30 a.m. with more. Back then.
-------------------------------------
July 28 2009
* Cross examination of star witness MH expected to resume today after 10 am. T'was delayed Friday because MH was ill.
* Aravena's nicknames included Fat Ass, Great White Chilean Ape and Mountain gorilla. He and Gardiner were the bottom on the totem pole
* Much testimony can't be reported cause we can't put anything that identifies MH. Check out story I just wrote at lfpress.com for deets
* Both Aravena and Gardiner were teased and stupid. Bryant: This is the kind of guy you could step on as opposed to climb over. MH: Yes.
* Wayne told Gardiner to go outside and get a pickle from the pickle tree, Bryant says "And he was stupid enough to go outside."
* MH says Gardiner was the stupider of the two (btw Aravena and Gardiner). Both cooked, cleaned, washed dishes, etc.
* Bandidos Cooking 101: Throw stolen pizza into the oven. Call it dinner.
* MH dropped out of high school. Was an athlete before that. Now working on getting his GED. Did painting, construction, bouncer jobs
* Survived on welfare then, now he's still living on government's dime, Bryant charges, because he's getting stuff paid for by province
* MH also earned money selling coke, made $thousands$ a week. Now province pays for rent, groceries, medical expenses, therapy if needed
* MH's kids, wife, whole life (including the family guinea pig) got moved as part of witness protection program.
* MH was in CONSTANT contact with cops (and later the crown team) and Bryant is suggesting his testimony is an act, prepped.
* MH: Can I get something straight? I relive that day every day of my life. Sometimes things take me back, a smell, a sound . . .
* MH: . . . You can say what you want to say, I was there, the accused were there. You can call me what you want. I've been called worse
* MH agrees that trial, etc. has had an "emotional impact" on him. He was shocked, stunned that night, he admits.
* MH: But I was still a biker that night. We all were bikers that night. Everybody stuck to biker code that night.
* But MH says he was "scared as hell" the night of the killings. The killings weren't supposed to happen originally.
* MH is trying to make amends, he says. "I'm trying to make a wrong into a right."
* Cops told MH that he could "be on the bus or under the bus. What do you want to do?" when asking him to cooperate with them.
* That's it for this morning. I'm in the main courtroom today. it's a whole different atmosphere. Can look MH, accused in the eyes
* Bulk of this afternoon's testimony has been focused on whether Aravena was a friend or prospect of the bandidos (friend is lower).
* There've been some tense exchanges btw Bryant & MH. Example: "Friend or prospect, call it what you will. He still showed up," MH says
* MH: You can call him friend or you can call him dancing like a princess, he was there. He was holding a gun or a baseball bat.
* At prelim, other sworn statements, MH said Aravena was friend, then got bumped to prospect 'cause of the killings. Now says different
* Bandidos Structure 101: (From top to bottom): Full patch, probationary, prospect, friend, hangaround.
--------------------------------
July 29 2009
*Lawyer Tony Bryant continues cross examination of MH on issue of Marcelo Araveno's status within the Bandidos.
* MH maintains Aravena was a prospect with the Bandidos motorcycle club.
* MH says he was unaware Aravena had problems in high school
* MH questioned about Aravena's ability as a mixed martial arts fighter. Agreed he didn't train, but said he was still a good fighter.
* MH grilled on why his testimony now is that Aravena was a prospect, but at preliminary hearing said he had a lower status.
* MH: "It is strange, stuff comes to me at different times. My lawyer calls me the Rainman for that very reason."
* MH says Aravena used to tell fellow biker Brett Gardiner that if he could pin him on the ground he would do the dishes for a month.
* MH: "He could never pin him."
* Bryant asks about failure of Winnipeg Bandidos to own bikes. "This was a biker club without bikes." MH: "Pretty much."
* Bryant asks about meetings with police or Crown after MH's testimony at the preliminary hearing.
* MH rejects suggestion he was told by police he could change his testimony at the trial and not be charged with perjury.
* Asked again on how his testimony could change from the preliminary to trial MH says; "I'm not a machine. I am not like a computer."
* MH says Aravena was a prospect the night of the killings. "I was gloved up, he was gloved up, putting guns together."
* MH: "I am telling you like it is."
* MH testifies that when Winnipeg Bandidos headed to Ontario it wasn't their intention to kill anyone.
* Wayne Kellestine raised killings when he said "Kill one, kill them all," MH said.
* Bryant suggests pulling patches isn't the equivalent of killing. MH: "It really depends on the club."
* MH: "My understanding of the Bandidos World at the time was everybody is brothers and gets along."
* Winnipeg Bandidos were all warned that drugs were not allowed. Marijuana was the exception.
* Bryant asks if MH recalls hunting with Kellestine and others when Kellestine got a little goofy.
* Bryant suggested Kellestine picked up black material from a tree and ate it, telling the group it was raccoon shit.
* MH said he didn't recall the incident, but agreed it was possible. "That is pretty much Wayne Kellestine."
* Kellestine was displeased with the Toronto Bandidos because of their drug use, particularly Chopper and Boxer, MH said.
* MH is asked if he really wanted to be a Bandido when he was a police informer. He replies "yes and no."
* Asked if he wanted to be a Bandido if people were to be killed, MH replies: "That isn't why I joined the club."
* Asked why Brett Gardiner did more the menial chores such as carrying water than Aravena, MH said it was because Aravena was lazy.
* Bryant challenges M.H. on how many times Kellestine said "If we kill one, we kill them all" and "Prepare for the worst."
* M.H. said it was said more than once. Bryant: "I suggest to you that is patently false. that is wrong." M.H. disagrees.
* Maybe this was supposed to be a page for the O.J. Simpson trial. Bryant asks M.H. to put on a pair of purple latex gloves and rip them. ...
* M.H. rips the latex glove. Not sure what that was supposed to prove.
* Bryant suggests when M.H. enters barn after hearing shots that he didn't know which team people belonged to.
* M.H.: "I had a pretty good idea. We were the ones carrying the guns."
* M.H. said he said little that night. He once asked Michael Sandham if he shot Chopper. "He said yes, that Chopper shot at him first."
* M.H. said it was quiet in the barn, that it wasn't the time for a chat session or to go on Facebook.
* M.H. said Toronto Bandidos allowed to get off floor and sit on chairs except Jamie Flanz, who was picked on by Kellestine.
* M.H.: "Wayne was going by smacking him on the head several times." Flanz had to remain sitting on the floor.
* M.H. is asked about the conversation he heard through hole in side of barn when Toronto Bandidos arrived.
* A Toronto biker says he has "a fucking surprise for Taz when he shows up."
* M.H. says he thought he was going to put a hole in Sandham, shoot him.
* Asked why he wasn't concerned for his fellow Winnipeg biker, M.H. said Sandham had body armour and a gun.
* He also thought it might not happen. "Saying it and doing it are two different things in the biker world."
* MH asked how he looked that night. MH: "I don't stand in front of a mirror and jot down what I look like."
* Court adjourned until 10 a.m. Tony Bryant to continue his cross examination of MH.
--------------------------------
Aug 4 2009
* I am back at the Bandido trial and hope to Twitter more on the lunch break... MH is back in cross-exam by Mushey's lawyer Michael Moon.
* MH agrees he was "relieved" when he was charged with drug offences - "only way to get away from Hells Angels"
* "Only way to get away from Hells Angels is to run and hide or be put in a body bag," MH testifies.
* "I don't gain anything by lying. I lose if I lie," M. H. testifies. Defence lawyer says M. H. has to be "caught lying.
* M. H. says his Winnipeg police handler never took notes during their meetings and "didn't trust" anyone including his superiors.
* Moon reminds MH he could be charged if he is caught lying. "You don't want to go to jail for the rest of your life?" "Who does? MH replies.
* MH agrees Michael Sandham was "the political mind within the Winnipeg chapter," but questioned whether Sandham was truthful.
* MH still having "Rainman moments" and remembering details.
* Moon calls MH " a liar". "I have everything to lose by lying, nothing to lose by telling the truth," MH says.
* Called Chopper's promise to "put a hole in Taz" as "biker bravado".
* Moon said MH is lying to avoid prosecution. "It will be tried someday in a higher court than this," MH said quietly, his eyes reddening.
* Quick Bandido update: About an hour of cross-examination by Michael Moon before break for legal arguments. Back at 2 p.m.
* Bandido update: Star witness M.H. tells defence lawyer, "You can suggest all you want, I was there that day.
-----------------------------------------
August 11 2009
* Bandido update: Informant's police handler testified no promises made to M.H. when he came forward about the shooting of eight bikers.
* Bandidos update: Police handler said M.H. told he should be prepared for jail before M.H. signed agreement for immunity from prosecution.
* Bandido update: Det. Sgt. Mark Loader and his partner were in Winnipeg to check sources six days after the bodies were discovered.
* Bandido update: M.H.'s first interview with Ontario officers lasted three and a half hours. He followed up with more info and meetings.
* Bandido update: After the first interview with M.H., Ontario investigators were given a list of 33 specific leads to follow up.
* M.H. update: Loader testified he has met with M.H. several hundred times, sometimes to go over evidence, other times just to "talk".
* Bandido update: M.H. is cut off from the outside world; with a new identity and away from extended family and hobbies. He does not work.
* Bandido update: Jury saw small part of Kellestine police interview: "I am a deaf mute. I don't hear a word you say. I have nothing to say."
* Bandido update: Kellestine told police he had "the worst hangover in my life" from drinking Labatt's 50.
* Bandido update: Loader testified Kellestine didn't smell of alcohol when he was picked up at his farm.
* Bandido update: Jury given an early lunch because of legal arguments. We return at 2:15 p.m.
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*Bandido update: DNA from five Bandido victims found on .22 calibre rifle in Kellestine farmhouse. Guns found in secret kitchen compartment.
*Bandidos update: Correction....DNA linked to the five Bandido shooting victims found on the .22. Forensic science will never say "match."
* Bandidos update: Jury hears Manitoba Bandido Michael Sandham deny involvement in shootings at his arrest three years ago.
* Reviewing timeline using phone records and email from December, 2005 to June 16, 2006 when last Winnipeg biker was arrested.
* Bandido update: Tire and footwear impressions expert testifying this afternoon, explaining the science of tire identification.
--------------------------------
Sept 9 2009
* One Bandido accused Michael Sandham is testifying this morning. I'm a bit late but he's talking about his relationship with Kellestine
* Sandham: Kellestine had a "very dark sense of humour but it didn't really phase me. It could phase someone of the general public.
* Sandham says at Kellestine's farm they talked about killing Boxer. "Wayne would do anything for a laugh."
* Men at Kellestine's farm laughed that "Bam Bam would just piss himself" if he got scared, Sandham says. Wayne had lots of guns around
* While playing Battleship at Wayne's farm, Sandham said people were discussing killing Boxer and Chopper and cutting them into pieces.
* Sandham: Mushey was excited (about the possility of killing) and said 'look at my goos bumps, I've fantasized about this all my life.
* Wayne had a "torture kit" that he had at his house. After Marcello arrived, he said "Kill one, kill them all."
* "Being a former police officer, I know you can't get away with that," Sandham says. Wayne told him it was a joke, no plan to kill.
* Wayne said "no blood will be spilled on my property." Sandham says Mushey was getting "antsy so he wanted to shoot something.
* Morning recess. Back after that. Lots of people here in overflow court to hear Sandham testifying in own defense. Very interesting.
* We're back. Forgot to tweet before recess: Sandham said he couldn't even shoot a rabbit, let alone a person.
* Jury still out, lawyers are speaking to the judge. Lots of people from courthouse are in overflow court to watch Sandham's testimony.
* For the record: Boxer =John Mucedere, Crash =George Kriarakis, Chopper=Luis Raposo, Taz=Sandham
* Sandham back on stand. Sandham says he had rubber gloves in his gym bag 'cause he did tattoos on the side and forgot to take them out.
* Dwight Mushey asked to put on rubber gloves 'cause he didn't want to handle guns without them. There were always guns around, Taz says
* Prep: Everyone putting on gloves. Some sawing off shot guns. Sandham says he wasn't present for the cleaning of the guns.
* Kellestine told guys in house that he'd greet the Toronto Bandidos in barn with lights off. "I wasn't sure what to make out of that."
* Sandham says MH was the security guy in Winnipeg. Wayne was afraid that Boxer or Chopper would just leave after showing up.
* Wayne told MH, Mushey,and Taz to hide in barn. There was absolutely no plan to kill anyone, Taz says. Wayne was gonna be nat'l prez.
*Taz: I thought I'd hide in the loft, which in retrospect was a bad place to be because there was no way out. I had the 303 in the loft.
*Guns only there as a show of force. Sandham said he only had the .303, no shot in the chamber because didn't expect any problems.
* This is a gun similar to the one Sandham had in the loft with him. A bolt action rifle.
* It was taking a while, so MH and Mushey went outside to hide. Sandham left 303 in the loft, started to climb down the ladder.
* Sandham, Mushey, MH start chatting, Wayne gives them a walkie-talkie for communication. Mushey + MH go outside. Sandham goes to loft.
* Sandham says he's nervous because he's "always nervous when guns are around." Flanz, Sinopoli arrive. Say "everybody" is on their way
* Hiding in loft, Sandham hears Flanz and Sinopoli talking. Flanz says "this isn't right," Sinopoli agrees. Raposo, Muscedere arrive.
* Sandham hears click, like a gun, someone says "this is for Taz when he walks through the door." Sandham says he's cornered.
* Taz: I started to think about what I'm going to do and how I'm going to get out of here, thinking about my daughter. (Voice breaking)
* "I started to think about how I'd never see my daughter again," Taz says, crying on stand. "I thought I was going to be killed."
* Sandham sobs that he thought Chopper was going to kill him. Sniffles.
* Guys in barn start talking about a murder, said someone "didn't die like a man." "I realized I was surrounded by a bunch of killers."
* Frank Mather came into barn, gave beer to the guys and went back outside.
* Guys in barn talking about who had brought guns.
* Sandham says he was wearing a bullet-proof vest and a 'trauma plate' that he had duct taped to it. He says he always wore it
* Taz: When I have sit downs with Hell's Angels, when I go to bars with bikers, I wore the vest except when with my wife and kids
* Chopper sees Taz in loft, Chopper goes into gun-shooting motion (bears-down), Taz yells at Chopper that we're just here to talk
*Chopper shoots. "I actually felt the warmth from the gases when he shot the gun. I flinched and my gun went off," Sandham says.
* Sandham: I'm yelling at him to stop, but Chopper shoots, I flinch, my guns goes off. MH fires his shotgun.
* MH shot and his bullet grazed Paulie. "Everything happened so fast," Sandham says.
* Break time. Sandham to continue his testimony after the break.
* We're back. Sandham testifying that Wayne is yelling at everybody, "why is everybody shooting," no one is supposed to shoot.
* Bam Bam tells Wayne that Chopper shot first. Wayne tells everyone to get down on the ground, Taz took .303 and climbed down the ladder.
* Wayne tells guys to sit tight, takes Sandham outside and looks in his eyes, says "things have changed" and asks what they should do.
* Sandham told Wayne that the shooting was an accident, no problem. "There's a dead guy on the floor and two need a hospital."
* Sandham tells Wayne let's take our chances (with the police). Bam Bam had told Wayne he knew a good place to dump a body
* Wayne goes to house, Taz apologizes to Boxer for shooting Chopper. Wayne comes back with duffel bag with handcuffs, rope, shackles
* Wayne's bag had a full OPP uniform with vest, etc. Wayne says Bam Bam would take care of Chopper, everyone else would go home
* Wayne says they're going to drive the others home, but will handcuff them up in case they try to take the wheel, etc
* Wayne asks people whose car belongs to whom, they're going to move cars around with MH and Mushey. Comes back in and asks for Boxer
* Wayne asks Gardiner for .22, makes sure it's loaded and ready and tells Boxer to come outside with him. Aravena, Mather come into barn
* Gardiner says he heard two pop-pops (holds up finger in gun motion). Taz yells "what the fuck are you talking about" and runs outside
* Outside, Wayne is in the Volks, Sandham thinks Gardiner just heard car doors. Flanz is worried that Wayne thinks he's an informant.
*Crash is on the floor, Sandham says he's afraid he's going into shock so cover him up.
* "I kind of snugged him in because he was still cold," Sandham said.
* Crash's wounds "didn't appear to be life-threatening" and he didn't seem to be in a lot of pain but concerned about shock
* Paul Sinopoli said he'd go start the tow truck, warm it up so they could take Crash to the hospital. MH, Wayne, Paulie go out.
* Crash's eyes start wandering, he's going into shock, Sandham says. Goes outside to tell guys to hurry up. MH has .22, Wayne in house
* Sandham reassures Pauli that "we're all going home" and gives him a big hug. Goes back into barn. Never saw Pauli again.
*In the barn, Sandham helps Crash up, they stumble into the warm tow-truck, Crash helps him and Taz goes back into barn
* Frank is covered in blood for some reason, shakes Mushey and MH's hand, then goes out with Wayne.
* Sandham: Chopper laying on the floor there is starting to make me feel sick to my stomach so I step outside for some air
* Sandham: I stepped outside, that's when, right then, Wayne shot Frank Salerno. (Voice breaks, starts bawling, afternoon recess called)
* We're back. Sandham says a muzzle flashed and the flash illuminated Kellestine who was standing over Salerno. Taz runs back to barn
*Sandham: I was in shock. He's shooting somebody. I was scared. I didn't know what to think. I had to keep a straight face
* Sandham: I was thinking about what to do to stop this. It crossed my mind to shoot Wayne but I didn't have a firearm.
* Scenarios going through Sandham's head: shoot Wayne, but could get shot. Run but the fence is barbed wire, then 600m of open field
* Sandham (crying): I thought about a lot of things. I thought about my family, about getting to a phone but my phone was in the house.
* Sandham: I sucked it up and just stood there and pretended not to have a problem with it.
* Sandham says he didn't know which guns were loaded, didn't have a gun with him. Mushey asks Wayne if he could "do" Paulie or Mikey
* Wayne and Mushey take Paulie out, Sandham asked to follow to help, someone (maybe Mather) comes with them
* Wayne tells Pauli to get into the trunk of Flanz's car 'cause he's a big guy and there's no room anywhere else for him.
* Wayne pulls out the .38, tells Mather "Here, take this. Shoot Paulie twice, make sure he's dead." They're blocking Sandham's view
* (Crying) I think if I had a gun at that point, I would have shot all three. (But he couldn't cause they all had guns and he didn't).
* Paulie says to Wayne "You're not going to shoot me, are you Wayne?" and Wayne says "No." Paulie crawls into the hatch.
* Sandham walks back to barn, ducks as he hears a shot ring out. Gun similar to .38 used on Paulie:
* Back in the barn, Sandham looks at MH, shakes his head in disbelief. Chopper had by now been rolled up in a carpet and put into Volks
* Flanz, Trotta and Boxer carried Chopper's body out to the car. They were having trouble and dropped him halfway to the car
* Mushey and Wayne tell Mike Trotta "it's time to go." Mikey gets up. and goes outside with the. Sandham stays in the barn.
*The three were outside for "quite a while," Wayne comes back alone and tells Sandham to follow him, hands him the .38 semi-auto
* Wayne tells Sandham "It's your turn, we want you to do Flanz." Sandham says "I didn't come here for this." Wayne's eyes go wide
* Wayne tells Sandham "If you don't like this, get in the car and I'll be right with you." Sandham says that meant kill or be killed
* (Sniffling again) Sandham says to Wayne "I don't know how to do this. I'm not doing this. I didn't come here for this."
* Wayne + Mushey say they've "done" the others, it's time for Taz to do his part. Mushey takes gun from Sandham and says "you owe me"
* Sniffling: You don't train for this kind of stuff.
* Mushey and Sandham go back into barn, tell Flanz it's his turn. Wayne brings out a black jug of some kind of acid.
* Sandham: I should have shot him when I had the gun but I didn't. I couldn't bring myself to. Targets are one thing, murder is another
* Sandham: How am I supposed to murder someone to save someone else. I couldn't do it.
* Flanz, Mushey, Sandham go outside. Sandham tells Mushey "I'm not doing this," goes to another part of the yard
* Car door opens, car door closes, Sandham hears BANG (really loud) and then hears Mushey call out for him to come over to him
* I had reason to believe Gardiner was in danger and I was concerned and yelled at Gardiner and Mather to "get the fuck out of here"
* MH has already testified that it was Sandham that shot Flanz under the eye, but Sandham denies shooting Flanz.
* Mushey tells Sandham to shut the window 'cause he couldn't figure out how, tells him the gun is "a piece of shit" because it jammed
* When I reached in I could see that Jamie had been shot already in the side of the face. His head was down and to the right.
* I told him to just leave him alone, he looked dead to me, but Mushey said he had to shoot Flanz twice just like Wayne had told him to.
* Back in barn, everyone pushing around brooms with acid to clean of blood. There was a crack in floor that blood had gone down
* Sandham explains how to unjam a jammed gun and how his training would have helped him do that had his gun ever jammed.
* Sandham: 99% of jammed semi-automatics can be unlocked with a slap-rack or tap-rack technique, takes a second to clear the stoppage
* Court is adjourned until 10 a.m. tomorrow. I'm over and out
-----------------------------
Thurs, Sept 10, 2009
* Jury filing in now. Sandham (Taz) on stand. His lawyer is about to begin questioning. Left off yesterday in barn after everyone dead
* So, all eight men are dead. Sandham takes a walk around Kellestine's farm, to "take a few breaths, absorb what just happened."
* MH gets into tow truck, Mushey + Aravena in Grand Prix, Gardiner + Mather in another car together. The convoy leaves the farm
* The Bandido convoy going along, pulls onto 401. Sandham says he's in own car, was crying, thought of going to Dutton OPP but didn't
* Sandham says he's thinking about turning back but is concerned about family, almost made to turn around in his car, but came back.
*Mushey got into Taz's car was, very angry that he was thinking about turning around. Mushey threw two sets of keys out of car window
*Back at farm, Wayne says "Take off your shoes, take off your clothes. Down to your underwear" and had everyone put clothes into bags
* Everyone had brought extra clothes, footware (but Sandham hadn't. Only had one pair of shoes). Wayne going through dead men's stuff
* Wayne holds $20 bills that belonged to dead man Luis Raposo. "They were soaked in blood." Wayne joked + asked if we needed gas money
* Clothes, money, personal stuff, knife that Sandham had given to Raposo, etc. go into garbage bag. Sandham tries to start fire, can't.
* MH pours gasoline onto fire pit, he starts the fire. The firearms had been disassembled and cleaned in the kitchen in house.
* "Once the fire started, I just wanted to get out of there." Aravena, Mushey, MH and Sandham pack up the car, then it's time to go.
* Sandham helpfully offers to clarify about Bandidio membership. When you joined Bandidos, you joined TO chapter b/c no Winnipeg chapter
* But, Sandham says, Winnipeg Bandidos would pretend they had a big chapter so Hell's Angel's would think they were strong.
* In 2005, Mushey, MH and Sandham went to TO for introductions, hoped to become Bandido members. "It went very well."
* Sandham says he decided to "infiltrate a motorcycle club for the purpose of becoming an agent."
* He'd heard on the street that Bandidos were coming to Winnipeg so he started learning about biker culture.
* The book that inspired Sandham to become a biker agent was Hell's Angel's: Into the Abyss
* Sandham says he also read Hell's Angels: Taking Care of Business as part of his biker research.
* Sandham says cops "cultivate" informants by arresting them for minor charges, asking for info. Thought he was shoo-in b/c he's ex cop
* Sandham talking about different meetings in 2005 at Kellestine's farm, other places. The meetings are called "runs"
*Sandham now going over emails he wrote. His email is tazmanrider, he wrote to chopper about taking over the treasury
*"It's common practice in the biker to use aliases, which I did to fit in," Sandham says. His alias was Pete Peterson.
* Luis Raposo's alias was Manny Mellow (spelling?)
* Email to Bandidos USA: "The day I became part of this family was a great honour for me." Signs off: "Much LOVE, LOYALTY and RESPECT"
* Sandham: Bandidos like to hear about their club, about the brotherhood, that you're all about the club. We call it stroking.
* Sandham talking about emails and posting on Bandidos Nation website. Confusion whether Winnipeg is or isn't a probationary club, etc.
* We're back. Sandham talking about he went to Vancouver to fix problems with Bandidos.
* At Vancouver mtg, David Weiche (Londoner, son of neo-Nazi biker Martin Weiche), said he wanted to be national president of Bandidos
* US Bandidos were going to meet Canadian Bandidos in a "no man's land" between Washington+BC borders (Peace Arch Park)
* Sandham, Wayne, Wieche met with American Dave, Mongo, Brian G (US Bandidos) met at the park. They were discussing membership, etc.
* At no-man's land park meeting, talking about brotherhood, how to show love for biker brothers. US tells Wayne to kill Boxer & BamBam
* Wayne said no problem, they would die. Wayne would be nat'l president, US Bandidos agreed. Then Bandidos went for lunch
* Later, Wayne said he wouldn't kill them because he wouldn't be "dictated to" by USA. Wayne said he might pull Boxer's patch, at most.
* Bandidos aside: A high-ranking Bandido is named Hawaiian Ken. I know it's no laughing matter but when he's mentioned I think of Barbie
* Sandham testifying about discussions about whether they should carry out US orders to kill Boxer or just pull his patch.
* Sandham: American Bandidos were very upset that it was taking so much time to "do something" about Boxer. More infighting testimony.
*Now Sandham is back talking about trip back to Winnipeg after the killings, went to Walmart for shoes and "munchies."
*Sandham: We needed to shower. We didn't shower very often at Wayne's house because his water has e.Coli in it.
* Bought Head and Shoulders for removing gun-shot residue, napped a bit. Noticed MH's black leather globes in vehicle, threw them out
* We just came from a bunch of murders. Everyone's edgy, Dwight (Mushey) just wanted to check the vehicle for evidence so we did
* Went through the car to make sure no other evidence was there. Found a glove with bullet casings in it.
* Closer to Winnipeg, Mushey, MH, Aravena and Sandham are talking about a cover story. "The heat is gonna be on us right away."
* Mushey tells Sandham that first shot didn't kill Flanz, it grazed his cheek, had to shoot him a 2nd time and he opened his eyes wide
* Sandham: We were talking about how close we all came (to being killed) that night.
* Concern about whether cops were going to polygraph them. Sandham tells them 99% of the time, polygraph offer is a bluff by cops
* Bikers are messy?: "Imagine 4 large men going on a long trip and back. The car needed to be cleaned. There was mayo on the seats"
* Sandham gets car cleaned. Went to pick his daughter up from elementary school. Notices a truck in the parking lot a couple of times
* Sandham sees same truck watching him as he's changing tires of his car. Cop also came to his door and told wife his life was in danger
* Back in Winnipeg, Sandham gets visit at home from OPP & Winnipeg police who ask where he was during killings
* Sandham says the officers were asking about killings, he said he was raking his yard at Winnipeg home at the time.
* Sandham's little daughter runs out as cops are questioning him, she hugs his leg. He says he won't give statement b/c he's afraid
* Sandham says he was afraid the US Bandidos would have him or his family killed if he gave the cops a statement.
*I for sure knew a black truck was following me, Sandham says, but didn't know friend MH was wearing a body pack and taping them
*El Presidente of the Bandidos told others that Sandham was out of the Bandidos. Sandham says he was scared for his life
* Sandham wanted to have a sit down with El Presidente in the US, so says he needed to create a ruse, an "illusion that I was somebody"
* Flights too expensive, gas too expensive for truck, so rode Harley "I knew that would look impressive," Sandham says. Bikes to Houston.
* Sandham: Tried to call national secretary, called Bandido Pervert, told him he was there, got a hotel, Pervert set up a meeting.
* Bandido Pervert and Scary Larry meet Sandham in a Huston bar with a dude named Jeff, take him to men's washroom and strip him down.
* Once Scary Larry and Pervert are satisfied that Sandham's not wearing a wire, they apologize for the inconvenience and go to the bar.
* US Bandidos say "Orders are orders. If I order him to take a piss in a corner he better be gettin up and takin a piss in the corner"
* US Bandidos stand Sandham up. He's worried. Pervert finally calls and says Canadian cops are in Houston looking for him.
* US Bandidos were going to give Sandham a Texas patch, take him to a meeting the next day. Things are going well, he goes home.
* Lawyer: What did you do? Sandham: I got out of there. I didn't think I'd even be able to get across the border.
* Sandham's back in Winnipeg. At 12:20 a.m., he and wife are eating Chicken Delight and watching TV. Kids are asleep.
* His son is sleeping in the front room on a mattress, Sandham takes two Robaxacet (for back pain) and goes to sleep at 3 a.m.
* Sandham woken up by a large bang in the front room. Startled, he jumps up, thought it was a pipe bomb, rushes to room thinking of son.
* Shielding his son with his body, Sandham realizes it's the cops who threw a sledgehammer and cell phone through the front window
* Cops tell him he's under arrest for eight counts of first-degree murder. As he's led out, there's a line-up of cops on his lawn
*Winnipeg Emergency Response Unit (kinda like SWAT) commands him out. Dog lunging at him, cops warn him to listen or he'll taser him.
*Sandham's wife held off by cops with machine gun, hands up, being pressed against a wall. (This upsets him 'cause wife not in trouble)
* Throwing sledgehammer through a window is police procedure in Winnipeg to surprise a suspect. Sandham's taken to Winnipeg cop shop
* Sandham: I was concerned about my kids, about their welfare, who was going to look after them. I was just looking out for them.
* Lawyer: At any time was there a plan for you to kill these eight people? Sandham: No, there wasn't. Sandham's lawyer done with him.
* Frank Mather's lawyer, Rob Lockhart, is now going to cross-examine Sandham. Starts talking about US vs. Canada.
* At night in barn, Wayne asked for everyone's belongings (Bandidos patches, other material). Kellestine made Mikey take tally of stuff
* The US was much more strict about rules re: patches, motorcycles, Sandham tells Lockhart. Canada tended to bend rules
* Bandido Rule No. 7: All members and prospective members MUST HAVE AND RIDE A HARLEY DAVIDSON OR LIKE SAME MOTROCYCLE.
* Rule (con't): The motorcycle can't have a downtime of more than 30 days a year.
* Everyone needed to have a motorcycle to be in the club. Frank Mather doesn't have a bike or even a motorcycle license.
* Prospective Bandido members MUST attend meetings and rides unless they have special permission not to be there.
* Lawyer: Has Frank Mather ever attended any run? Sandham: He wasn't riding a bike, he was working the bar.
* Bandido Rule No 14: Stealing or bad talking one another WILL NOT BE TOLERATED
* Mather was at June BBQ wearing a support shirt. Examples of support clothing:
* Mather's lawyer is going over rules, patches, vests, where certain patches are supposed to be attached -- stuff we've heard before.
*Sandham getting grilled about where Mather was at what time in the barn. At one point, he brought beer into the barn, Sandham says.
*At another point, Mather came back into the barn with the bolt-action rifle.
* The US Bandidos think that Canada is like a city or a state, not a sovereign Bandido nation.
----------------------------------
Fri, September 11, 2009
* We're about the get started at the Bandidos trial. Frank Mather's lawyer, Lockhart, is cross-examining co-accused Michael Sandham
* Bandidos don't like to communicate over the phone but like to do things over the phone, Sandham says that's why he went to the States
* Sandham says he was trying to salvage the relationship between US and Canada Bandidos by going down and talking to El Presidente
* Everyone was "out of the club" because El Presidente Jeff Pike shut them down, Sandham says. But they were still operating as a club
* If Chopper and Boxer had their patches pulled, Wayne Kellestine would become the new top dog, Sandham says
* A Winnipeg Sun article written about Sandham, that he was president of a probationary Bandidos chapter, that he was a former cop
* He had told his Bandido buddies that he'd served as an auxiliary police officer because cops (even former) aren't allowed in Bandidos
* Not a lot to tweet about from the trial right now -- Sandham's pinning down who knew what when about American vs Canada Bandidos
* Sandham goes to Wayne's. "Wayne had an open-door policy for his friends and for members. That's the way Wayne was."
* Either Wayne or Sandham, while out for a ciggie, said they'd kill Boxer. MH says Sandham said it, Sandham says Wyane said it.
* Lockhart is finished with Sandham. Aravena's lawyer declines to question him. Now Hicks, Gardiner's lawyer, gets his turn.
* Hicks to Sandham: You're a very talkative fellow. You tend to go on? Your statements have been six hours, five hours.
* Sandham says Winnipeg wasn't a probationary chapter, they were Toronto members acting like their own club
* Sandham: "We'd just get together and talk about stuff. There wasn't that much going on in Winnipeg." Hicks: Sounds like a Garden Club
* Sandham: Canadian Bandidos were "technically" wearing patches that weren't allowed 'cause Texas hadn't approved their clubs.
* Sandham said he'd say he was only saying he was the president of the Winnipeg chapter because Dave Weiche told him to lie about it.
* Hicks: You always seem to be blameless for everything. You never did anything wrong. Sandham: No, I wouldn't say that. I shot Chopper
* Sandham: I had no authority in the Bandido world. There were three of us, we didn't have six people required to be probationary club
* Hicks: You were trying to act like president? Sandham: I didn't know how to act like a biker. I had only been to a couple of meetings
* Sandham says all he knew about bikers was from research,he didn't know how to act. Lawyer: So, what, you just googled "one percenter?"
* Sandham says the conflict between Winnipeg and Toronto Bandidos was not over unpaid dues.
* Hicks grills Sandham about problems in his 400 page statement made Dec 2006. Did he want to make a deal or "tell his side," Hicks asks
* Bandido Taz Fact: In first statement Sandham gave to police after his arrest for eight killings, he said "I wasn't there" 223 times
* Sandham got $$ to go to Vancouver, to pay for Wayne's ticket from Ontario to Vancouver, etc., was from the Winnipeg club funds.
*Sandham worked as a tattoo artist for income, he didn't do anything illegal, didn't commit crimes. Just wanted to be an informant
*Sandhams's ultimate ambition was to be a police informant. Now we go to Dec. '06 statement given to police by Sandham
* Sandham says he didn't want to make a deal but "I was hoping they'd see I shot Chopper in self defence and it wouldn't be an issue."
* Cops have a letter from Sandham and his lawyer that they read in Dec. 2006, where Sandham asks for a number of things he wants
* Sandham wanted all charges dropped, witness protection program for himself & his family or to go back to military under a new name
* Sandham said at the time he'd also be willing to go back undercover if witness protection for him and his family couldn't happen.
* Sandham denies that these were deals he was seeking, says they were just private ideas he'd bandied around with his lawyers
* Hicks: You weren't seeking a deal? Sandham: No, sir. Hicks: You were not president of Winnipeg chapter? Sandham: There was no chapter
* Sandham says to cops in '06: "Everything MH has told you is wrong." Now that he's heard MH testify, Sandham says some of it was right
* Bandido blooper: Lawyer gets up and says "Good afternoon, Mr. Kellestine." Ooops. He's actually addressing co-accused Michael Sandham
* When arrested in June 16, 2006, Sandham was given MH's statement to review. Hick's grilling him about whether he agreed with MH
* Sandham is saying today that he agrees with a lot of what MH said in his testimony but in Dec. 2006 he said MH was lying to the cops.
* "With my last breath, I want to make sure these families get their closure," Sandham says, to let families know orders came from USA
* Sandham: (MH) has pulled the wool over your faces. I'm not going to let MH make a laugingstock of the police, the OPP and the court.
* Sandham to cops: You are dealing with an evil, evil man (MH). I've never even committed a crime. I've never committed a crime.
* Sandham to cops: I must have suffered from a mental breakdown that night because ever since I've suffered from post traumatic stress
*Sandham says he suffers from severe panic, flashbacks, is under psychiatric care and on medication. "I relive these events every day"
*The lawyer is going over what Sandham told cops in his 2006 statement, when he called the OPP and offered to give them information.
* Sandham to cops about shooting Chopper from the loft: "I wasn't even aiming it. I didn't even realize it went off."
* Sandham: It's not like I took a breath, used marksmanship. The gun just went off. I wasn't aiming it.
* Lawyer: It was just a fluke the gun went off? Once again leaves you in the position of being blamless. Sandham: You're twisting words
* Lawyer is trying to pin down if Gardiner ever had a gun. In prior statements Sandham said he didn't, today he's saying yes, he did.
* Sandham to cops: It's not my way to shoot someone down, but Brett Gardiner isn't very smart. He comes out and says he's dumb.
* Lawyer: in the 400 pg, 5-hour statement to police, you never say once that Brett Gardiner had a gun. Not once. Correct? Taz: Yes,sir.
* Lawyer: On three separate occasions, in hundreds of pages of statements, you never once said anything about Gardiner having a gun.
* Lawyer: Mr. Sandham, part of your idea to explicate yourself is to implicate as many people as possible, isn't it? Sandham: No, sir.
* Lawyer: MH told court and cops Gardiner never had a gun. That's what Sandham said, too, until his testimony when he changed the story.
* Jury sent out for legal arguments.
* Hicks is finished, now Michael Moon, defence lawyer for Dwight Mushey, is up to cross examine Michael Sandham.
* Moon starts by asking Sandham about military career. He was stationed in Nova Scotia, then started training to be with Airborne unit
* Sandham got pneumonia during his training and couldn't finish, then the elite Airborne Unit was disbanded because of Somalia.
* Sandham didn't get far in Airborne training (got sick after jogging in winter).
*Sandham says he isn't blameless here, but wouldn't plead guilty to manslaughter or second-degree murder or anything
*Sandham: In my mind, I took Choppers life, he shot me, I shot him, that's why I'm on trial here. But I'm not blameless.
* Moon: You are a devout family man, you have a wife, four technical children. You'd never do anything to put them in harms way, right?
* Sandham says that's right, he'd never put his wife or kids in harms way. He'd "man up" and do whatever he had to do to save them.
* Sandham in the military from 90-94 (never overseas), then got honourable discharge, worked in security and private investigation.
* Sandham started training to be cop in 1999. Worked for five years as a cop: In East Ste. Paul, St. Anne's, Prairie Bylaw Enforcement.
* Sandham went from auxiliary officer to full constable and back down to bylaw officer ("like security guard in a mall," Moon says).
* Moon: In all of your years as a police officer, you never were taught to disassemble a shotgun? You were training people on shotguns.
* Moon is grilling Sandham about how he didn't know about disassembling guns if he was a cop & bylaw officer who training people on guns
* Moon: The .303 was a standard-issue weapon for military in World War II. But you were never ever trained on the .303? Sandham: No
* When in the loft, Sandham says he needed to think about how the .303 would be used, how he'd load it.
* Moon: You shot once, you were aghast at what happened, and that was it? Sandham: I may have reloaded instinctively but I don't recall.
---------------------------------
Tues Sept 15 2009
* It's after morning recess. Moon (Mushey's lawyer) crossing ex-cop/accused Sandham
* Moon is showing a still from an Outlaws biker funeral in Sault Ste. Marie, Ont. in Aug. 2002. In the photo are two bikers and Sandham
*Sandham was given a formal reprimand from the St. Paul (Manitoba) police -- he was a constable -- for going to a biker funeral
* Sandham denies resigning from East St. Paul police because of the biker funeral. Didn't attend his own disciplinary hearing
*Sandham went more than 1,000 miles to the Outlaw biker funeral of someone he'd never me. Lied to chief about it
*Judge to Sandham: These questions are not an opportunity for you to talk about whatever you want to talk about, Mr. Sandham
* Discipline hearing was because Sandham lied but he resigned before the hearing. He knew reasons for hearing would be secret that way
* Sandham's status as a peace officer was revoked on Oct. 18, 2002. Moon shows a letter for the jury from Manitoba Justice
* Moon puts up a "biography" that Sandham made up when he was starting his own security firm.
* Sandham said he "was involved in training of military and police swat teams, anti-terrorism, riot control, repelling, unarmed combat"
* Sandham wrote that provided security for former Prime Minister Brian Mulroney, Princess Patricia, Defence Staff General De Chastelaine
* Sandham says he provided "secondary protection" for those people. Moon asks what Princess Patricia looked like. She died in '74
* Moon: Either you are lying or you escorted a dead member of the monarchy. Sandham: I'm going to have to make some inquiries about that
* Moon is challenging Sandham's testimony that he doesn't know how to take apart a shotgun. Moon shows him syllabus from police training
* One of the lessons was about how to remove the cap and springs from tubular magazine from a standard issue Remington shotgun.
* Sandham says he didn't teach people how to clean or maintain shotguns, he just taught how to use them as a police officer.
* Taz's resume: Fall '92 stationed in Bosnia w/ 3rd Battalion Princess Patricia's Canadian Light Infantry. But he never went overseas
* "I padded the resume," Sandham says. Moon: "I think we can agree that they were lies."
* Moon: You are prepared to lie if you think you're not going to get caught or if it advances your self interest. Sandham: No, sir.
* Moon to Sandham: You and OJ are out there, looking for the truth.
* In July 2007, Sandham spoke to the FBI in Washington to give them information about the eight killings on Kellestine's farm.
* He spoke to an FBI special agent about any connections there may have been between the Canadian killings and American Bandidos*
* Sandham started motorcycle club called Machine Crew so he could join Bandidos later on. He was president of Machine Crew, he told FBI
* Bandidos "patched over" the non-existent Machine Crew and let Sandham in. Moon: You create fictions to further your own cause.
* Moon: You're the guy who was moving and shaking to get Bandidos into Winnipeg.
* Moon: You said there's no chapter, not even a probationary chapter, in Manitoba. So why did you create bylaws for the Winnipeg chapter
* Sandham: We weren't authorized. We weren't a chapter, we were just acting like a chapter.
* Bandido rule: Any brother who commits suicide will NOT be eligible for a Bandido funeral.
* Sandham is accusing Moon of "playing with his words" as Moon tries to pin down how a fake Winnipeg chapter had real rules and bylaws.
* Moon tries over & over & over & over to get Taz to admit he was the president of Winnipeg Bandidos. Sandham says "that's just not true."
* Moon takes out emails Sandham wrote to Chopper signed "President, Bandido Probationary Chapter, Manitoba." Taz says Weiche made him
* In Jan, Feb, March '06, Sandham was the only Manitoba probationary member. Moon: You were deceiving MH & Mushey about chapter status
* Moon: On one hand you say there's no Bandidos in Canada, on the other you say there were. You have to pick a story and stick to it.
* Moon shows emails to Bandido Pervert (El Secretario in Texas) signing them Bandido Taz 1% but now says he wasn't a one-percenter.
* Sandham says he signed emails to Mushey and MH with "1%er" just to "encourage" them that they'd soon be full charter members
* Moon asks Sandham why his lawyer didn't ask MH questions about the charter status issue, which Sandham now says MH was lying about.
* Sandham: I'm not a lawyer. I don't know why he didn't ask those questions. Moon: Oh, so now you're throwing your lawyer under the bus
* Moon: It's always percolating in your mind that if real Bandidos find out that you were a cop, you're dead. They'll never find the body
* Sandham says he couldn't just leave Bandidos because they'd figure out he'd been a cop and he'd be dead. "It was a race against time"
* Crash has Sun article talking about Sandham being cop; Carlito & Stone are going to Winnipeg from TO. "Alarm bells are going off."
* Moon says that Toronto Bandidos Carlito and Stone were on their way to kill Sandham so he left Manitoba to go to Kellestine's farm.
* Carlito went to Sandham's in-laws looking for him and "scared the bejeesus out of the inlaws" Moon says. Sandham agrees.
* Sandham's fear of Bandidos finding out he was a cop was kept to himself because he couldn't express the concern.
* Carlito and Sandham were talking on the phone, Carlito said "Are you a cop," Sandham pretended not to hear the question.
* Moon: You had no concerns they were in Winnipeg; you were hoping the fiction you'd put in place would hold.
* Sandham: I wasn't scared when Wayne told me Carlito & Stone were sent to kill me. Thought Wayne was joking, Carlito was "cordial."
* Moon: C'mon Mr. Sandham, you're not a shrinking violet. You knew what was going on. You knew you were baiting the Bandidos to the farm
*Moon: I think you suggested you should be bait for Boxer & Chopper. And you convinced Wayne. Sandham: No, there's no convincing Wayne
* Wayne and Sandham squeeze into a Dutton phone booth, Wayne reads script from piece of paper to get Boxer and Chopper to the barn
* Moon: I suggest you were going to eliminate Boxer & Chopper because they were your chief antagonists. Sandham: No, sir that's not true
* Moon: You took position in loft b/c you thought Boxer & Chopper were only ones coming to barn. You were going to kill them from above.
* Taz: You're way off base. Moon: You took rifle w/ Singular purpose to kill them. They said they'd put a fucking hole in you, the pig
* Sandham cries a little bit, then stops to say to Moon: "You're wrong about that, sir." Moon: "You got over the crying pretty fast.
* That's it for the day. Back again tomorrow at 10 a.m. God save the Queen
---------------------------------------
Wed Sept 16 2009
* Just getting settled in the overflow courtroom. Michael Sandham back up today being crossed by Moon, Dwight Mushey's lawyer.
* Moon starts with asking Sandham about his nap in the Barrie parking lot of Walmart when the Winnipeg guys are driving home
* Sandham denies being the mastermind behind getting Boxer and Chopper to Wayne's barn. He says it was Wayne's idea to use Taz as "bait"
* Sandham doesn't agree that he was bait. "We were just trying to get them to come in to talk," he says.
* Sandham says he didn't think Carlito and Stone were in Winnipeg to kill him, didn't think his former life as a cop had been exposed.
* Moon: You were aching for the opportunity to tell the truth. But you weren't so overcome by horror that you couldn't take a snooze
* Soon we'll look at video of interviews with Sandham after his arrest but there's technical problems. Moon takes us back to the barn
* Moon: You go up to the loft with a .303 and you didn't check if it was loaded? Sandham: No sir, I didn't.
*Moon: Hmm, when I was a soldier I always checked to make sure my firearm had bullets in it. Sandham: I didn't think I'd need to use it
*Moon: You didn't even draw the bolt back a little bit to check for ammunition? Sandham: No, sir
* Moon: When time came to chamber a round you did it as quietly as possible, right? Sandham: No, I just hoped there was a round in there
* Moon: So you stand up, you operate the bolt, you can tell there's a round in the chamber? Sandham: No, sir I didn't know it was loaded
* Moon: So you're saying you stood up, exposed yourself to the threat below, jacked around, but didn't know if you have a loaded gun?
* Moon: You didn't know until after you'd shot Mr. Raposo that you'd shot him with a full metal jacket? Sandham: That's right.
* Moon: Of course you didn't mean to. You're the 'why can't we all just get along' guy, right? Sandham: Yes, that's right.
* Moon: You were the best shot in your class but you say you accidentally shot him in the trigger finger? Sandham: That's right.
* Sandham: I don't remember reloading. I don't remember shooting. Moon: So the trained military man, under pressure, forgets everything.
* Moon reads a different version of what Sandham said happened in the barn when interviewed in Dec. 2006. Sandham: I was mistaken then
* Moons says he thinks the cops told Sandham his version didn't match up with the forensics, so he changed his story.
* Moon: I don't mean to be rude but I don't want an explanation. I just want you to acknowledge your testimony is inconsistent.
* Moon trying to get Sandham to admit he's most comfortable with the 380 automatic (9mm). But Sandham's taking him around in circles.
* One of the guns that caused Salerno's death was the 380 automatic. Kellestine and Sandham were the only ones outside when Salerno shot
* U say u go outside b/c you're repulsed by Chopper's body. You're outside and you see Wayne shoot Salerno. But u said Boxer was 1st out
* Moon: Mr. Sandham, either Boxer is a Lazarus and he's come back to the barn, or you are a liar.
*Sandham's up in the loft & hears Raposo call him a "fucking pig" in front of 8 TO guys. Moon: The jig is up. The walls are closing in
* Moon: U hear Flanz & Raposo talking about killing a pig. U shot Raposo. I'm going to suggest you shot Jamie Flanz. Sandham: No, sir.
* Moon: Flanz was shot with a firearm you're most familiar with (the 380). I suggest you shot Trotta in top of his head with the 380
* Moon: I'm suggesting you fabricated your statement after you read MH's statement in disclosure. I suggest you're scrambling
* The DVD of Sandham's statement to police is "hot off the burner" and we're going to watch it very soon
* Sandham said to cops that during original shooting in barn, MH shot Paulie, Wayne didn't have the shotgun. Now says that's not true.
* Moon reads four times same statement made by Sandham to cops, which is completely different from what he's saying today
* Bammer shook hands of MH, Mushey, said "it was nice knowing you guys." Sandham refuses to shake his blood-covered hand
* Moon: You guard long-dead Princess Patricia, you see Boxer after he's dead. "You see as many dead people as that kid from 6th sense"
* Moon will now play the tape from June 16, 2006, with Det. Sgt. Michael Bickerton interview with Sandham
* Sandham's wearing a white sweater and sitting down in a tiny interview room, Bickerton is wearing a suit.
* Bickerton: Mike, you're not leaving here today. You're not under investigation, you're under arrest. You're coming with me to Ontario
* Cop: I'm not here to be your buddy. I'm here to do a job. If you need something to eat or coffee, or to use the washroom, let me know
* Cop: And Kathy (your wife) is here, she's under arrest for accessory after the fact. Sandham: That's bullshit.
* Sandham says he was injured when the sledgehammer was thrown through his window during his arrest.
* Interesting, as the cop and Sandham are having this exchange at the cop shop, there's violin/elevator music playing in the background
*Cops ask Sandham over and over if he's got any medical conditions, if he's on any meds, needs a smoke, etc
* Sandham has testified that he'd run barefoot across broken glass when cops arrested him, but he's said back then didn't have any cuts
* Cop: You were there that weekend. Sandham: I wasn't there. Cops: But the cops saw you there that weekend. Do you have a twin brother?
* Cop: What were you doing that weekend? Sandham: I was raking my dirt in my yard.
* Cops: I'm trying to give you some credit. You spent your adult life following orders as a cop, a military man, a Bandido.
* Cop: If you're here in Manitoba raking your lawn, how are you also on video at the London Airport? How are you at the Barrie Walmart?
* Sandham: I wasn't there. I wasn't there that weekend. It's bullshit. I don't care about the investigation -- I wasn't there!
* Sandham: (Yelling at cop) Why are you even talking to me? I'm not even a member. I wasn't there. This is bullshit
* Moon: As a cop, you understand the difference between remaining silent and concocting a story. You're constructing another fiction
*Sandham to Moon: The only reason why I'm making up a story is because I'm scared about my wife and kids.
*The cop appears very calm, level-headed, is trying to talk to Sandham in a even way. Sandham is yelling back
* Sandham (yelling at cop): I can see a huge lawsuit coming down on you guys. Tell me why I'm here. Tell me why my wife is here.
* Cop (calmly to Sandham): Listen to me. You're not in control. You're in custody. I'm trying to talk to you like a man, with respect.
* Cop: Your nickname's Taz? Sandham: What you're talking is crap. Sometimes people call me Taz. So what? Cop: Let me talk some more crap
* At some parts of the video, Moon stops it and asks Sandham questions. Sandham says he's trying to protect his family by lying
* Sandham to cop: I wasn't there. All I know is what I read in the paper. I don't even know where Barrie is. Cop: But you're on video
* Cop: There's scientific evidence: There are 23 identifiable tire castings. Your tires are on top of tires from the dead guys
* Cop: You were under surveillance, we have tires you dumped from the Jimmy. How're your Jimmy tracks in Ont? Sandham: I wasn't there
* Cop: Part of the reason why your wife is here is cause she was with you when you dumped the tires. You asked me why she's here
* Moon: This is the part of the interview where a man would admit that it was him, not his wife, but you don't do that.
* Cop: Your wife is in the car that was involved in a murder, in the car as you dump good tires, then you change the Jimmy into her name
* Moon: You were prepared to leverage your wife, your children, anyone in this world, just to further your self interest
* Sandham tells the cop he dumped the Jimmy tires in the ditch because Walmart didn't offer to take his old set
* Cop: How many people have you killed in your life? Sandham: I've killed nobody in my life.
* Moon: I suggest you have put on a contrived emotional affect for the jury about the impact on you of killing Mr. Raposo.
*Sandham: I would never, ever do anything like (go to Wayne's). I wasn't there. Not in a million years
*Cop: There was an agent with you there that night (MH), saying that you were shot that night. Sandham: I wasn't there.
* Sandham: U wake me up at 5:18 a.m. with a sledgehammer, almost hit my stepson, arrest my wife. How do I know where I was 2 months ago?
* Sandham: I wasn't there. Cop: We have agents, civilians, cops, videos, pictures, evidence, putting you there. Sandham: I was there.
* Cop: We have your Jimmy that was used in 8 murders, we have the tires you threw in a ditch. Sandham: Don't you change your tires?
* Cop: How do you think you're coming across right now, Mike? Sandham: I'm coming across as a truthful person. I wasn't there.
* Cop: There's trace evidence left behind no matter how careful you were. How do you explain you tire tracks? Sandham: I wasn't there
* Cop: Seven civilian witnesses saw you there. Do you think I'm lying Sandham: You must be, because I wasn't there
*Cop: You should be a man of honour. You were a police officer, you were in the army, you are in the Bandidos, you're a father.
* Cop: You could be in a position to clear your wife Kathy, but you're sitting here bullshitting me. Sandham: I did not shoot anybody.
* Cop: You're not the only one who shot Chopper, but you shot Chopper. Sandham (pointing finger at cop, very forceful): I did not shoot
* Cop: You're obviously not a dummy but you're saying you weren't there. We have evidence, witness, we have an agent who wore a wire
* Cop: You say Kathy is important and your family is important. Kathy is here and she's under arrest. Who's going to look after the kids?
*Cop hands Sandham a printout proving that Sandham's car registration was switched to Kathy's name. Sandham: That's accidental
* Sandham: This is a clerical mistake. I told you I wasn't there and this is crap. Cop: Was throwing tires in the ditch a mistake, too?
*Moon: I suggest you were prepared to sacrifice your wife for your own sake. Sandham: That's just not true, sir.
* Cop: If you put Kathy in a situation where she's going to lie for you for eight murders, I'm going to lose all respect for you.
* Sandham: (very angry) Look at my boots. They're muddy. I was raking the lawn at my house. Sandham: Mud on your boots means jack sit.
* Cop: If Kathy tells us you were home raking the yard, she's going down b/c it's a lie. Shame on you for putting her in that situation
* Moon: Mr. Sandham, if there was ever a time to man-up and tell the officer Kathy had nothing to do with it, it was then
* Sandham (shrieking): It's a clerical error. What dumb fuck would do something like this? Cops: Were ditched tires a clerical error?
* Cop: If you got Kathy to lie for you, she'll be arrested. Who would you like to take care of your children? Sandham: I wasn't there.
* Cop: If Kathy says you were raking the lawn, either you told her to and she's an accessory or she was there from the very beginning
* Cop gives Sandham lots of chances to get Kathy out of the situation but he doesn't.
* Cop: What surprises me is either you don't love Kathy as much as you do or she was involved from the very beginning.
* Cop tells Sandham he suspended questioning of Kathy because he's got a "soft spot for the family" and wants Sandham to help her out
* Sandham tells Moon he didn't believe cop at the time so he didn't confirm anything, kept on lying
* Cop: You raised your kids to tell the truth. This investigation is going to prove the most important guy in their lives is a liar.
* Moon: It seems as though Det. Sgt. Bickerton cares more about your family than you so, sir
* Sandham said he came back to Winnipeg and that night started raking his lawn with Kathy. Cop: You're letting her go down
* Cop: It's bizarre that a guy who's supposed to have some honour and integrity is going to let his wife go down like this.
* Sandham: I wasn't there. Cop: Saying you weren't there is not going to make any of this go away. It's not.
* Cop: You're making a big mistake, my friend. There's time when it's better to keep your mouths shut. This isn't one of those times.
* Cop: You're going to be held in custody in Ontario. Sandham: Just because I was on a trip to Ontario doesn't mean I committed a crime
* Moon: The cop has given you every way possible to help your family. Sandham: I reached out to the OPP after I knew my family was safe.
* Moon: Your wife was released the next day. Did you go to the OPP then? Sandham: It was a long process. I don't want to bore the court
* Sandham's lawyer just stood up and called for a recess. Back in 15.
* We're back. Cop tells Sandham he's "at the crossroads." One road is a dark road, the other is one that an honourable man would take
* Sandham to cop: Kathy doesn't know anything. She went for a ride to buy new tires. Cop: But her husband was involved in 8 murders
* Cop: Did you shoot Chopper? Sandham: That guy, Raposo, or whatever? No, I wasn't there. Cop: Did you shoot boxer? Sandham: No
* Sandham: Look. I did not commit a crime. When I heard about it, I was home raking my yard. I. Was. Home. I wasn't at the crime
* Moon: The crime happened April 7,8. You were arrested June 16th. You didn't ever go to the police. Sandham: I was going to go.
* Sandham says he "hinted" to the OPP who came to his house that he knew stuff about the killings
* Sandham: I thought the OPP officer would have gotten my hint but he didn't.
* Sandham talked to FBI, says he went to Texas after the killings with Mushey and MH's approval. Says he went down for three reasons.
* 1Get directions re: Can. Bdos; 2 See if US Bdos were pissed they'd killed 8 people; 3 Tell El Presidente Pike he wants to be president
* Sandham now says those were the reasons he told MH and Mushey he was going down to Texas, but they weren't real reasons
* Sandham: I was scared I was going to be killed at some point. Moon: Did it ever occur to you not to go to Texas?
* Sandham says he was welcomed in Texas with open arms, they were going to give him a Texas patch, he told them he'd make a great prez
* Sandham: I went to Texas to make sure every one paid for what they did by collecting evidence to give to police. Moon: Very altruistic
* Moon: So you told your brothers you were going down for one thing, but really you were really going down to get evidence? Sandham: Yes
* Moon points out that Sandham's the only one who testified that it was Texas that ordered the hits.
* Sandham: I'm not going to answer questions about my wife & children's safety? Moon: You don't get to choose which questions to answer
* Moon says he thinks Sandham is making up the fact that Texas ordered the hits. He's the only one who "exposed" this.
* Moon: It was your actions of trying to expose Texas Bandidios that's put your wife and kids at risk. Sandham: They were at risk before
* After Raposo is killed, an "uneasy peace" settles over the barn. Toronto guys and Winnipeg guys walk around the barn, chatting, etc
* Moon: Everyone is left with impression the worst is over, it's too bad Chopper died but we'll keep it all in family, dump him in well
* Moon: Mr. Mushey was there when everyone agreed that everything went array but we're all going to get along, pull patches peacefully
* Sandham agrees it was all going peacefully for a while. Moon says he's going to be moving to a different area, asks to end for the day
------------------------------------------------
Thurs, September 17, 2009
* Bandidos update: Kellestine's lawyer accuses Sandham he killed more than just Chopper that night. Sandham disagrees.
* Kellestine's lawyer can't figure out why Sandham needed to go to Texaas to confirm the kill order.
* Winnipeg Sun article from Sept. 2005 states clearly Sandham is head of Winnipeg Bandidos and had been a cop in East St. Paul.
* Kellestine's lawyer asks Sandham if the other Bandidos were "stupid" for not knowing he had been a cop.
----------------------------------------------------------------
Friday, 18 September, 2009
* Crown cross focused on Sandham's blind ambition to be a 1%er and lead a chapter.
* Crown said Sandham boasted to the others he was a sniper. "I never boasted," he said
* Crown says Sandham was frustrated when Bandidos Canada were ordered shut down. He denies
* The Toronto bikers considered burning their patches and joining the Outlaws after the US said they were done: Sandham
* Crown said Sandham was "at the end of his rope." The Outlaws didn't want him — he tried to join when a cop. The HA were not an option.
*Crown said Sandham was "presented a great opportunity to get rid of Toronto. Needed Kellestine to support him.
*Sandham calls Kellestine several times a week. In Dec. 05 and Jan. 06 they talked on the phone for six-and-a half hours.
* Crown says Sandham took his crew to Ontario to follow through on kill orders from the United States. Sandham denies it.
------------------------------------
Tuesday September 22 2009
* Here we go. Don Crawford is finished and not calling any more witnesses for Sandham. Sandham's team rests
* Frank Mather's lawyer, Greg Leslie, is asked by judge if he plans to call any evidence. Leslie gets up, walks to front of courtroom
* Leslie to the jury: After reviewing the evidence, it's our position the Crown hasn't proven its case beyond a reasonable doubt.
* Leslie: Mather's team not going to call witnesses, will "await what other defence teams will do." Another lawyer asks jury to leave
* The jury is dismissed for legal deliberations for 15 minutes. (Because jury is out, I can't tweet what they're talking about).
*Slightly bad news: Court is taking a short recess for 15 minutes. Will be back after that
* For those who want ambiance: The accused are either sitting or standing in their boxes. Lawyers and police officers are milling around
* We're all waiting for the judge to come back, then for the jury to come back and get their instructions, and then to get on with it.
*During the proceedings, the accused all sit down, of course. They each have screens on which to view evidence and access to headphones
* The jury is on opposite side of the courtroom from accused. Witnesses sit in a box closest to the jury at the right hand of the judge
* The defendants are all in own boxes separated by plexi glass (can see but not touch each other). Separators are about six-feet tall
* Jury back in. Judge tells them Leslie should have said "yes" or "no" but instead talked about Crown's evidence. That was wrong to do
* Judge: there's an inference from Leslie's comments that anyone who does call a witness isn't as sure of lack of Crown's case as Leslie
*Leslie to jury: this is not true. It doesn't matter if someone does or doesn't call evidence. All the six men on trial are innocent.
*Judge: Because an accused is presumed innocent, he has no burden to prove his innocence. Therefore, he has no burden to call evidence
* Now, Marcelo Aravena's lawyer is up. Bryant and Wells are his lawyers. They'll deliver the opening address.
* Wells thanks jurors for their sacrifice and commitment to the case. "We appreciate your obvious attention to this case."
* Wells: Regardless of what others say, our position is that Mr. Sandham is a murderer who refuses to admit he's a murder
* Wells: MH, Sandham have both told stories. It's time for you to stop hearing stories and to start hearing evidence about what was seen
* Wells: You will shortly hear from Mr. Aravena. He was born in Winnipeg to Chilean immigrants on April 11, 1976.
* Aravena struggled in school with a learning disability, didn't finish high school. Started Thai boxing at 17, became pro at 20.
* He worked as a pizza deliver, did security for Winnipeg bar called Fat Daddy's. In 2005, his cousin was shot, which hit him hard.
* Aravena started to do crack cocaine, smoking it almost every day, because of the death of his cousin. Eventually, he met Mushey.
* Wells: To this day, Mr. Aravena has neither driven nor owned a motorcycle. He wasn't even a member of Bandidos prior to the murders
* Wells: Mushey tells Aravena that MH, Sandham and he are going to Ontario. Brett Gardiner and Aravena could come to "meet the bosses."
* Aravena didn't go to the farm with the rest of the Winnipeg guys. He had a fight, which he lost. Got $600 and a blow to the head.
* Aravena wasn't going to go to Wayne's farm 'cause he felt so bad, but went anyway. For first couple of days, felt terrible, was sick
* "Over the next couple of days, his tasks ranged from the mundane, to the bizarre to the terrifying," Wells tells the jury.
*Over 10 days at Wayne's farm, Wayne was described as "a wild man," Wells tells jury. He overheard some conversations out of context
*For most of the night of the killings, Aravena and Gardiner were in the house, watching television. Aravena is haunted by what he saw
* Aravena heard a gunshot at one time in barn, grabbed a bat and went to barn. Saw Chopper lying on the floor, Wayne dancing.
* Aravena was asked to bring drinks for the men in the barn. He thought they'd be taken to TO, not be killed that night.
* Wells: The whole time, Aravena thought they'd be restrained in cars and taken home. Mr. Kellestine, however, had other plans.
* Wells: Kellestine told Marcelo to come with him and Boxer out to car. Wayne shot Boxer two times in the head, then turned to Marcelo
* Wayne said to Aravena: I ain't doin' 25 years for you. If you talk, I will kill you and your entire family.
* Wells: All night Aravena was following orders & doing what he was told. He didn't even consider calling cops because of Wayne's threat
* Mr. Aravena will testify he saw Mr. Sandham lean into the car and shoot Mr. Jamie Flanz, Wells said.
*Wells: Ladies and gentlemen, what I've just outlined is but a small portion of what Mr. Aravena will testify to.
*Wells: Ladies and gentlemen, Mr. Aravena will not tell you a story. He will give you evidence. He will tell you what he saw and heard.
* Wells: Aravena will answer the hard questions about why he said he wanted to be buried in his Bandidos brothers vest.
* Wells: He will answer questions you all want the answers to. That concludes opening remarks. Now, Aravena takes stand and is sworn in
* Aravena's other lawyer, Bryant, now takes over. He asks if Aravena killed any of the men who were killed that night.
* Aravena said no, he didn't kill anyone. Only saw Wayne kill Boxer and Pauli, saw Sandham shot Jamie Flanz.
* Aravena says he was raised by mom, who died a year after he was arrested. He wasn't able to go to her funeral. Dad not in his life.
* Aravena eventually had a stepfather, Fernando, treated him and his siblings like his own children.
* In Junior High, Aravena failed Grade 7, 8, 9, but wasn't held back. Dropped out for a while, then went back for Grade 10.
* Played soccer at a community centre and at high school. Also did karate, when 17 started doing kickboxing, football, Muay Thai
* Succeeded in Muay Thai, made his professional debut at the age of 20.
* Aravena continued with boxing, Thai boxing, then got into MMA - mixed martial arts. RECORD: Seven wins, one draw, 32 losses
* Aravena also worked for Domino's Pizza, Pizza Hut and security in bars (says he worked in every bar in Winnipeg at one point or other)
* Aravena says he lived in his mom's place for a while, then ended up moving around between apartments, couch surfing.
* Aravena moved into cousin's apartment The cousin isn't really a cousin, that's what they called each other (it's a Chilean thing).
* Cousin was in a bar, got in fight, got shot four times and killed. Aravena stayed at cousin's for a while, then moved in with friend.
*We're back. Bryant's taking Aravena back to 2005 & 2006. Aravena was working at a salsa bar as a bouncer. He was also selling cocaine
*Aravena says he started doing coke when he was 20, then he "went kind of nuts on it" after his cousin died. Started smoking crack.
* Got to doing crack cocaine. First working, then started selling stuff for drugs (car, computer). By end of '05 he's using every day
* Aravena moves in with Mushey and Gardiner, lives in their basement. He'd met Mushey in '04-ish. Mushey owned a stake in Phat Daddy's
* By March 2006, he's met all accused. Met Sandham at the salsa bar. "It was a friendly bar." Mushey introduced Aravena to Sandham
* Sandham was introduced as the president of Bandidos in Winnipeg, Aravena said. Aravena said he'd never met Mather before.
* Aravena had not met Wayne Kellestine or Frank Mather prior to Ontario trip. He wasn't aware of any travel anyone did before Ontario
* Bryant: You're not working, you're not fighting in March? What are you doing with your days? Aravena: Sleeping & playing video games
* Aravena is sleeping, gets woken up by Brett Gardiner, who tells him he's going to Ontario to "meet the bosses and become Bandidos"
* Aravena says he thought Gardiner was just fooling around. Mushey tells him it would be a good time for him to come and meet others
* Aravena says "how can I be a member if I don't have a bike or a license?" Mushey tells him he'll need to get a bike
* (Aravena was standing the whole time, now he's asked to sit down in the witness chair. He sits).
* Car is too full for Aravena to go with the rest of the guys. The day they left for Ontario, Aravena also had an MMA fight.
* Says he didn't hear anything about other guys planning to take guns. He buys his ticket after the fight, friend uses GF's credit card.
* Fight lasts 1.5 min. "I was doin' good at first, but then he pulled me to the ground. I could've gotten out of it. I took some shots."
*Guy put him in an arm lock, Aravena takes shots to the head, nose bleed, broke his hand (again, for the third time). Loses the fight
* After the fight, Aravena says he felt "terrible." Goes home with $600, has the spins, has diarrhea. Thinks of canceling trip to Ont.
* On March 28, '06, Aravena lands in London with clothes on his back and 3 pairs of underwear, 2 pairs of pants, couple sweaters.
* MH, Sandham, Mushey pick him up from the airport. Drive to Wayne's farm, where Wayne and Brett are.
* Aravena: "Wayne comes out of the house, he's got wild grey hair, no shirt on. I thought he was a weirdo." Meets Wayne's wife, daughter
* For the first couple of days, Aravena stays at Wayne's house and just sleeps because the guys see how sick he looks.
* "Mushey asked me after we hugged if I was okay, 'cause my jaw was chattering, but we just left it at that," Aravena says
* After four days, Aravena's feeling better. They do "guy things." They watch TV, go into the woods, he and Brett boil water.
* Wayne also has dial-up Internet, Aravena checked email "We cleaned up dog crap and put it on the garden to keep the vegetables fresh."
*They go hunting with Wayne's daughter. At one point MH points to Mushey, says "Look, a moose." Wayne picks up raccoon poop and eats it
*Now Bryant is asking Aravena to describe Wayne's property at night and during the day (big fence around property only locked at night)
* Wayne & Aravena go see guy named Merv who's sick ("He breaths louder than he talks"). Merv says he was the last guy in Alcatraz
* Merv gives them rusty shotgun shells. Mather & Aravena go to Mather's parents in London, get a necklace for Wayne's daughter's bday
* The group goes to a place called Holland House, where they all pitch in for food. (I don't think it was worth the money, Aravena says)
* Aravena is very quiet as he answers questions (sometimes mumbles); makes it quite difficult to catch exactly everything that he says
* Afternoon recess. Take 15
* We're back. Before recess, Bryant was asking Aravena about excursions from Wayne's farm to other places.
* Aravena & Mushey hanging out one night, Mushey asks him who he thinks should be president one day. Aravena says he'd vote for Mushey
* One night the guys are all hanging out, Wayne is showing off newspaper articles written about him and his biker connections.
* At times when the guys were having "church," Aravena and Brett weren't allowed to hear club business.
* One night, Brett and Aravena are washing the dishes and Aravena overhears someone saying they want to "save Pauli, Crash and Pony."
* Brett and Aravena told they have to do grunt work, cleaning dog poop, washing dishes, cleaning up after meals etc. to become prospects
* Bryant: How was Mr. Gardiner treated by the others? Aravena: Like a dumbass.
* Aravena says the guys treated him quite well, not like they did Gardiner, whose mental prowess they made fun of all the time
* Mushey tells Aravena that there are things that he can't tell him because it's club business but that "things are going on."
*At one point, Aravena looked at Wayne's wife Tina. Mushey told him "You can't check out a brother's old lady. You'll get in trouble."
*Wayne tells Aravena that they're getting guests coming, tells Aravena and Brett to say they were from the Oneida reserve.
* Brett and Aravena stay in living room in the house. Wayne comes downstairs with a bunch of guns, but "Wayne's got guns everywhere."
* Wayne tells MH, Sandham, Mushey to clean the guns. Mushey is told to saw off a gun, he and Aravena go to the barn to saw off a shotgun
* That's when Aravena asks what the heck is going on, Mushey tells him there's stuff that's going on that's club business, not to worry
* All go to the games room, Sandham pulls out a bunch of gloves, throws them on pool table, tells everyone to put on the gloves.
* After about an hour, with rubber gloves under winter gloves, Aravena's hands start getting sweaty so he, Brett & Frank take off gloves
* Aravena, Brett, Mather sit in living room, watch TV for a while. So sweaty he had "puddle of sweat" in the glove before he took it off
* Aravena hears a honk, hears Wayne talking to someone. Wayne comes in and tells him to go out and lock the gate, he does.
* A little later there's another honk, Aravena goes out to open the gate, lets car in and closes gate behind it.
* Wane had a really big speaker and on it was a police scanner. "We were told to always listen to it," Aravena says.
* MH, Sandham, Wayne, Mushey and occupants of car don't go into house. Aravena guesses they were in barn. He'll take us there tomorrow
* That's all for today. Bandidos trial resumes tomorrow morning at 10 a.m
------------------------------------------------
Wednesday September 23 2009
* Just setting up in overflow courtroom, waiting for Aravena's testimony to begin
* The jury is just filing in ... Aravena is taking the stand ... lawyer Bryant is getting up .... here we go.
* Aravena lets in 2nd car through Wayne's gate, goes back to house. He & Brett Gardiner are sitting in house when they hear loud bang
* Aravena grabs a baseball bat, runs to barn. Sees Paulie "cause he's so big," everyone lying on the floor, Wayne saying to stay down
* Aravena asks for a picture of barn to be shown to him, right beside the witness stand. The picture is blown up large.
* Aravena says he's standing just inside the barn. Wayne, in position close to the freezer, is telling everyone to stay down
* Aravena is describing where everyone was when he came into the barn after shots fired. MH, Flanz close to freezer, others spread out
* MH kicks Paulie in the butt and back. MH searches Bam Bam, searches Paulie. Wayne searches Crash.
* Mather was carrying a black shotgun, Mushey looked like he was carrying some kind of gun, too. MH had a brand new wooden shotgun.
* "I had my bat," Aravena says. No one saying anything other than Wayne telling people to stay down. People searched for about 30 mins
* Aravena goes to grab drinks. He and Frank Mather are told by Wayne to search the cars. They go out but don't know what to look for
*Wayne told everyone they're done, he wants their patches. Sandham came down from loft and tells Bammer he's sorry for shooting Chopper
*Mikey Trotta told by Wayne to start writing down where everyone lives, what property they have on them. He starts a tally
* TO guys sit up; some have gotten up off the ground. Bam Bam on a couch, Trotta, Boxer, Poney in chairs. Flanz on floor by freezer
* Wayne keeps saying "where are the other guns, I know you guys have other guns," but Aravena doesn't remember if any more guns found.
* Aravena and Mather sent back out to search the cars, asked to look for guns and to get registration papers.
* Someone says they're afraid they're going to die, Wayne tells them not to worry, no one's gonna die, he's just going to take patches
* Sandham comes down from the loft, he's a bit dazed and has a hole in his shirt.
* About two hours pass between the first shots and searching, etc. "I was really cold because all I had on was my leather jacket."
* Every time Aravena went back to house to get beer & water for the guys (three times) he fills Brett in on the goings-on in barn
* Aravena tells Brett (who's in the house the whole time) that "someone's dead" but he didn't know who.
* Sandham, Mushey and Wayne would go out periodically (about 4 times) & have meetings outside barn, but others just stayed in the barn
* Wayne kept asking if the Nomads were here, asked if people were on the roof but Aravena had no idea what that meant.
* Every time Aravena would go back into house, Brett would stand up as if scared. Brett looked really sad and scared someone was dead
* At one point, Brett came into the barn and went straight to where Mushey was standing. Mather, Mushey, MH, didn't say much
* Wayne told everyone not to worry. He'd dance around, went up to Flanz and called him an informant, BamBam asked to see Wayne outside
* Wayne would go up to Flanz and joke around with him, put a gun (handgun, now known to be Boxer's) to his forehead & say "just kidding
* Boxer kept getting up, saying if he's going to die, he wanted to go out like a man, wanted a smoke. Wayne told him he's not going to die
* Wayne told Frank Mather and Mushey that if Boxer moves, to shoot him.
* I've known Mushey for a while. This was first time I seen him where he didn't seem like he was in control. I'd never seen that before
* Aravena: I just thought Wayne was a weirdo. He was dancing, singing the Deutschland song
* Aravena: I remember thinking, this is one long night if we're going to drive these guys back to Toronto to drop them off at home
* Boxer's phone rang about three times. It kept ringing and ringing. Wayne said "answer it but dont' say anything stupid"
* Boxer answers phone, talks to Nina, his wife, asks how the baby is doing, tells her he's just in church and will be home soon.
* Wayne told Boxer "it's not that I don't trust you, it's just that I don't trust you" and told them they'd be restrained on trip to TO
* Flanz, Trotta, Paulie and someone else rolled up Choppers body in a rug and took him to a car. Aravena told to go after them w/ bat
* "They kept droppin' him. Geroge started crying, "oh my god, he's stiff, he's dead." Dropped him about three times before got to Volks
* The four (he can't remember who the 4th guy was) open Volks trunk and threw Chopper in the back. "Crash was crying most of the night."
* For the whole night, Aravena says all he had with him was the baseball bat (no gun).
*Lawyer asks Aravena about each of the TO guys. Boxer was saying he wanted to go out like a man, was holding a tooth
* Crash was just sitting the whole time, he was cold and crying. He was injured, said he had a bullet in his stomach.
* BamBam told Crash to shut up, we're not boyscouts, stop crying. Aravena pulled out a blanket and gave it to Crash. BamBam thanked him
* BamBam told Crash to shut up, we're not boyscouts, stop crying. Aravena pulled out a blanket and gave it to Crash. BamBam thanked him
* MH gave Aravena a mean look when he handed the blanket to Crash. Trotta and Jamie Flanz were mopping up the blood from Chopper
* Wayne came in with a container of acid and some pails. The blood was being mopped up using the blanket he'd given Crash
* "Flanz never said nothin' he just had his hands on his head the whole time. His hands got cold. That's why he kept droppin' Chopper."
* "Flanz never said nothin' he just had his hands on his head the whole time. His hands got cold. That's why he kept droppin' Chopper."
* Paulie needed to pee so he went in the corner of the barn. Eventually they gave him a bucket because "he kept needing to pee a lot"
* Thanks guys. We're back. Aravena's about to start telling us about the shootings. His voice has gotten quieter, huskier.
* Boxer taken out first, goes into the car, says "you're going to put two bullets in my head." Boxer gets into car, Wayne shoots
* Wayne shoots Boxer twice, turns to Aravena, points gun at his chest and says he ain't doing 25 years for him. Aravena's voice quivers
* Aravena tells Wayne not to say shit like that, goes back into the house, pacing back and forth. "I didn't know what to do."
*Aravena says he didn't think to call the cops because he thought Wayne would kill him and his family. Wayne says only Boxer will die
*After pacing in the house for a while, Aravena goes back to the barn. (He's crying on the stand). Bam Bam said he knew Boxer was dead
* Sandham told Bam Bam that there were people watching Boxer, that he wasn't dead, but Bam Bam wasn't buying it.
* All night there was a cheap radio playing in the background. Crash and Wayne went outside. They never saw Crash again.
* MH, Sandham, Mushey, Mather were all in the barn. Brett was freaked out and was in the house a lot of the time.
* After Crash led out, Wayne came back and asked Pony to come with him. Never saw Pony again after that.
* Meanwhile, Jamie and Trotta were still mopping up the blood. Wayne comes back, asks Bam Bam to follow him.
* Bam Bam tried to shake Aravena's hand but he didn't shake it cause it was bloody, he had a big gash on his face.
* Aravena: Bam Bam told us to make sure to tell his family where his body is. I though he was being stupid.
* The whole time Aravena thinks the guys are being led out and being restrained in the vehicles. He didn't hear any shots from outside
* Wayne comes out without Bammer. Tells Trotta "let's go." Trotta dropped the mop, seemed excited to go outside.
* (I cant' really see accused in their boxes, but the men, including Wayne, are sitting and listening to the testimony without emotion)
* Wayne takes out Trotta, comes back, asks Paulie to come with him. Paulie's scared but Aravena tells him not to worry, he's going home.
* Aravena goes out with Paulie & Wayne. Paulie gets into car, Aravena is holding a flashlight, Wayne shoots, Aravena drops flashlight
* Gun jams, Wayne pulls out another gun, Paulie is cowering, Wayne tells him to shut up and take it like a man, he shoots & kills Paulie
*Wayne tells Aravena to get into the front seat, Aravena says "fuck no" and goes to the house. "My mind was running a mile a minute."
* Aravena says he doesn't know who is dead, who is still alive. He's in the house for about half an hour, then hears voices outside
* Aravena looks outside, sees Flanz in car, Sandham and MH outside car. He hears a bang and sees a flash, then another bang/flash
* Aravena isn't sure who shoot Flanz. Goes back into barn, starts cleaning up the table. Finds Boxer's tooth. Throws it under freezer
* Goes back outside. Hears Wayne tell Frank to take the car to Kitchener. Asks Mushey if he can go with him in that car, Mushey says yes
* Gets into car with Mushey, smells something funny, like a burnt smell. Turns around and sees Flanz, covers him with a jacket.
* Mushey keeps saying "this wasn't supposed to happen, we're supposed to be going to Toronto right now."
* Aravena: As we're driving, I knew the hatch wasn't closed, and I thought, what if someone falls out of the hatch, we'd be in shit.
* They leave the cars at the side of the road and go back to Wayne's house. "I was just happy to be out of there," Aravena says
*Back at Wayne's house, everyone told to take off their clothes. "I took off everything, even my underwear, and put it in a bag."
*Aravena says bye to everyone, to Brett, to Wayne. Wayne tells him "remember what I said" (about not going to the cops).
*On the drive back to Winnipeg, MH asks him how he feels. "How do you think I feel? How do you feel?" Aravena says.
* MH looks at him, makes the motion for Pony. Aravena understands that to mean that he killed Pony.
* When they get back to Winnipeg, Aravena is surprised when Mushey gives him a prospect patch. They hug, he says 'thank you.'
* Mushey & Aravena go looking for vest, finds one that's brown with white fur in an ad. Tells old lady selling it he's not interested
* Go to Burger King, run into guy who looks like a nurse at a hospital. They make a bet that it's not him, Aravena wins the bet, has $10
*Go to a cheap leather place, finds a vest for $30, asks Mushey to lend him $20, uses the $10 from bet to buy the vest.
* Mushey and Aravena go to buy thread, then to Aravena's house and get his mom to sew on the patch "real quick."
* Aravena shown an evidence bag with a vest in it. Takes it out of bag. Says it's his (but with new rips), has his prospect patch on it.
* Lawyer: Sandham told us there was no Bandidos chapter in Winnipeg. Aravena: I thought there was. We had vests and everything
*Aravena: I thought it was a little bit embarrassing that we didn't have bikes or a clubhouse or nothing.
* Aravena: I thought I was really glad to be friends with these guys because I was alive. I was happy that I wasn't dead.
* Aravena says he never saw Sandham again. Aravena stayed in car while MH and Sandham talked in front yard.
*Prior to arrest, Aravena says he never heard about American meetings, about needs of Toronto chapter
* Lawyer reads a transcript of an intercepted conversation between Aravena and a woman of whose child he's the godfather
*Aravena tells the woman that "It's too late for him" to get out. "They only way out for me is if I'm floating" (ie: dead).
*I asked Jane what the accused were doing during Aravena's testimony. Wayne was taking notes, Mushey looked sad, also taking notes
* Mr. Crawford, Michael (Taz) Sandham's lawyer, is now going to cross examine Aravena. Here we go . . .
* Crawford: You'll recall Mr. Aravena your counsel had no cross examination of Mr. Sandham. Bryant: Objection. Relevance.
* Jury is back. Crawford gets back up. Mr. Aravena, from the first time you met Mr. Mushey, a friendship developed? Aravena: Yes.
* Mushey and Aravena were great friends. Aravena stayed at Mushey's house rent-free, Mushey makes sure he's alright, Aravena says.
* Crawford: You said you really liked Mushey, you'd trust him with your life. Aravena: Yes, that sounds about right.
* Mushey was a really good cook, Aravena says. Crawford: But at one point you two had a falling out. Tell us about that.
* Bryant stands up, says he doesn't know what Aravena might answer, asks to address the issue without the jury. Another break
* Jury comes back. Judge laughs with jury, says they're going to wear a groove into the floor from being asked to leave so many times.
* Yes, Aravena & Mushey had a falling out. Don't know details of it. Aravena says he doesn't want to get back into Mushey's good graces
* Aravena says he and Mushey made a pact to be friends forever, to watch each others' backs, in the car to dump the bodies.
* Aravena says he never saw Mushey kill anybody. Didn't see MH shoot Pony but it's what MH told him. "I don't know if that's true or not" ...
* Crawford is finished with Aravena. Leslie (lawyer for Mather) asks for a recess to set up his stuff for his cross. Recess time
* Judge jokes with jury that "they're really workin' hard today" because of all the going in and out they're doing.
*There's a guy who is going to write a book. And I think Jane would be much better at it. I'm more of a 140-character writer :)
* Leslie introduces himself to Aravena as Mather's lawyer. Aravena agrees that he didn't know Mather before trip to Ontario.
* Leslie: You never participated in any meetings, you never knew what they would have been talking about because you're not a Bandido
* Leslie: When you arrive at Kellestine's barn, Mather's not there, right? Aravena: Right
* After a few days, Aravena first meets Mather. He'd arrived at Wayne's with his girlfriend Stephanie. They'll sleep in basement
* No one else brought their girlfriends. The only other woman there other than Stephanie was Tina, Wayne's wife.
* Frank and Stephanie needed a place to stay, that's why the two of them came to Wayne's farm.
*Aravena, Brett don't go to church meetings. Mather kept to himself, hung out with Stephanie. Mather also didn't go to church.
* Aravena says he never saw Mather wear a Bandido vest during days leading up to the killings.
*You've been sitting beside Mr. Mather this entire trial. Would you agree that he's a much larger man than he was then? Aravena: Yes.
*Leslie: He was a much smaller man then, right? Jail's been pretty good to him? Aravena (chuckles): Yes, very good (Frank got fat).
* Aravena says he never heard anyone at any time say "Kill one, kill them all." Anyone who heard that is either mistaken or lying.
* Leslie: It didn't shock you on Apr. 7 that Wayne Kellestine had a gun, right? He always had guns? Aravena: Guns were always everywhere
* Leslie: April 7, you were told there's going to be a church. You, Brett & Frank weren't welcome? Aravena: Wayne told us to stay inside
* Aravena: If I knew there were going to be murders, I wouldn't have come.
* Leslie now pulls up a computerized slide show that will show the fence around the Kellestine compound
* Leslie: How tall is the fence? Aravena: I didn't want to say this but I went for a pee by the fence and it's about to my chest level.
* Up on the screen is a picture of the long driveway leading up to Kellestine's barn and house
* You're inside, you're watching TV with Brett and Frank. Aravena: Yeah, Brett and me were always getting kicked out, we were used to it
* The guys in the house hear a bang, Mather takes shotgun, Aravena takes baseball bat, they run out to the barn.
* The two of them run into the barn. Mather is three or four feet in front of Aravena. See everyone on the ground.
* Wayne is saying "Stay down. Stay the fuck on the ground. Who shot first? Who shot who? Stay down." Mather goes towards Mushey.
* Eventually Mather & Aravena get instructions from Wayne to go search the cars. They see no one else (Nomads, puppet club) outside
* The two leave behind their weapons. Go out, Aravena says "What the hell are we looking for?" Mather answers, "I don't know."
* Two go in, ask Wayne what they should look for, he tells them guns & registrations, they go and do so. Come back, put stuff on freezer
*Leslie: When you go out with Mr. Kellestine and Boxer, and you see something you'll never forget for the rest of your life, right?
*Leslie: If MH says Mather went out with Boxer, he'd be wrong? Aravena: Yes, he's wrong. (Aravena says he's still haunted by memories)
*After Boxer is dead, Aravena goes back to the house, terrified. "It didn't seem real," Aravena says.
* Leslie: Aside from Mr. Flanz, Mr. Kellestine goes out of the barn with each of the men that don't come back, correct? Aravena: Yes.
* Leslie: At one time, Kellestine says to Mather and Mushey, that if Boxer moves, to kill him. Aravena: Yes, that's right.
*Boxer wasn't listening to Wayne, was "challenging his authority" all the time but neither Mushey nor Mather did anything to hurt Boxer
* Leslie: All this time, Mr. Mather is wide-eyed and silent after he comes into the barn. Wayne is telling everyone they'll be fine.
* Leslie: When you went out with Paulie, you had no idea anyone else had been killed, right? Aravena: No idea.
* Leslie: MH never said to you "holy shit, I just heard a gun go off," did he? Aravena: No, he never did. And I never heard any shots.
* Leslie: You see Paulie killed. Once again, something that you're never going to forget, right? Aravena: Right.
* Leslie: So if Sandham said Mather went out with Mushey and Kellestine, Sandham would be mistaken, right? Aravena: Yup. Mistaken again.
* Later, hears voices. Sandham is leaning into a car, hears bang and sees flash. MH is standing by the truck. Aravena turns head away.
* Aravena hears another bang about three or four seconds later (not a shot right after the other).
*Court officers trying to figure out how to capture the pause between bangs in written transcripts. Will three dots do it?
* Mather takes the lead eventually in the car convoy. Brett and Mather are in same car. Leave cars, go back in Sandham's SUV
*Leslie: Did you know that Stephanie at the time was pregnant with Mather's child, right? Aravena: Yes, she looked pregnant.
*That concludes Leslie's examination. Hicks, Gardiner's lawyer, declines to ask any questions. Now up is Mushey's lawyer, Moon.
* Moon: You've seen Mushey sad, happy, with his kids, in all kinds of moods. But you said you saw a face that night you'd never seen
*Moon: I suggest that that look was one of fear. Aravena: I'd never seen him scared before. He looked something, maybe afraid.
*Aravena says it was clear that Wayne was running the show. An uneasy peace falls over the barn, with TO members moving about a little
* Aravena: I just remember Mushey holding something, I'm pretty sure it was a shotgun. If it was anything, it was a shotgun.
* Moon: Wayne has a rifle, Sandham has a .303 that he gives to you, you put it down, he's holding the handgun. Aravena: Yes that's right
* Moon: From inside the barn, could you hear the motor of the cars or the backup beep of the towtruck? Aravena: No I never heard nothing
* Moon: Would you lie in your evidence to assist Mr. Mushey? Aravena: No, I wouldn't lie.
*Moon finishes. Next up will probably be lawyer for Mr. Kellestine. That'll be tomorrow morning. See you then. That's all for today.
--------------------------------------
Thursday September 24 2009
* Aravena back on the stand. He's wearing a black suit jacket over a white shirt. He's standing in the witness stand.
* One of Wayne's lawyers, McMillan, is up first. He's asking Aravena about a conversation MH and Aravena had on the way back to Winnipeg
* Aravena confirms MH looked at him in backseat of the Jimmy, made a slashing motion across his neck and made the hand signal for Pony
* Yes, Aravena confirms MH made the signal to indicate he had killed Pony, not that Wayne had done it.
* McMillan: After you saw Wayne shoot Boxer the first time, why would you think he wouldn't also shoot the others, like Paulie?
* Aravena: Because Sandham told me Boxer would be the only one. I told him that Wayne wacked Boxer and Taz told me to shut up about it.
* Aravena agrees Boxer is being defiant all night, even when Wayne takes him out to the car, tells him to get into the passenger seat
* McMillan: So Wayne asked you to come outside with him to watch him kill Boxer? Aravena: I thought he wanted me to help him tie him up
*Now Aravena is talking about Big Paulie. Aravena said he's "huge," about 300 lbs, that he was a great fighter, could kick a speed bag.
* McMillan: Big Paulie squeezed himself into the tiny back of the car, and he was going to be there all the way to Toronto? That's tight
* Aravena said he didn't have a gun with Boxer and Paulie when they went outside because he could fight them with his MMA skills
* Aravena doesn't remember when Sandham got a gun. McMillan: Your memory doesn't seem to be that clear. Aravena: Not on some things.
* McMillan: You can remember that Wayne took out the Toronto members but can't remember who else went out with him. That's convenient.
* McMillan: What you're doing is being careful not to implicate your Winnipeg friends. Aravena: What friends? You know I have no friends
* McMillan starts asking Aravena about something that happened in police vehicle on the morning of Sept. 9, 2009 (when Taz took stand)
*The judge intervenes, asks what something that happened this month might have to do with what happened in 2006. Jury sent out.
*The lawyers will now discuss what's appropriate to ask without the jury present. Back in a flash.
* Sept. 9, '09, as he's getting into police car, Aravena told OPP Officer Croker (sp?) that he was not feeling good about testifying.
* Aravena told cop that he knows his testimony is going to hurt Wayne, that he's feeling guilty about doing that.
* Aravena told cop he can't do 25 years for something he didn't do. Wayne will only live 10 more years if he's not killed in the pen
* Aravena told cop he'd be scared to do the last 15 years all by himself. Also told cop he knew HAs (Hells Angels) in Winnipeg
* Those HAs told his family that he should do everything he can do get out of court. Aravena says the HAs contacted his family
* Aravena says he had no reason to lie to the cop, that the HAs had contacted his family and that he was scared.
* Moving on, McMillan takes Aravena back to his trip to Ontario. Asks about who picked him up at airport, asking about Carlito & Stone
* Aravena says anything to do with Bandidos politics, he was kept in the dark.
* McMillan: I put it to you Mr. Aravena that you were not as uninformed or as stupid as you'd like the jury to believe.
* McMillan: You knew there was a rift between TO & Winnipeg; you were here not just to meet bosses but to get rid of Boxer, sir
* McMillan: You are trying to make yourself out to be not that bright. Aravena: Maybe other people think that, I think I'm bright
* McMillan: In detention, you spend the time in segregation. Wayne is there to, right? You have your own cells. Aravena: Right
* McMillan: You and Wayne have spent some time in the yard together, just the two of you, right? Aravena: Right.
*McMillan: You talked about the case. You're stringing him along, told him you'd testify for him. Aravena: He wanted me to lie for him
* Aravena: No, I told him all along that I'm sorry to be doing this to him but I had to. He told me to "be nice to your Uncle Wayne."
* McMillan suggests Aravena strung Wayne along in detention just as he did at his barn, that Winnipeg Bandidos were there to kill Boxer
* Aravena says that's totally not true, he was just there to meet the bosses. Break time. Crown is up after that. Take 15.
* Jury is back. Crown Fraser Kelly is going to cross Aravena. Tells Aravena to ask if he doesn't understand anything.
* Crown: We agree on this: You never shot anyone. You went to Ontario to impress, to become a Bandido. And it worked.
* Crown: We also agree that there were no Hells Angels, no Nomads. Just you guys, The Farm Team. And everyone who was there is now here
* Crown: Except for MH, whole Farm Team is here. You lived. Everyone from No Surrender Crew, they're dead. All visitors shot to death
* Crown: There's no apparent injuries to the Farm Team. You were 280 lbs 6'2 fighter with a baseball bat. You weren't there to play ball
* Crown: You held 3 different guns that night. Toronto guys were shot total of 25 times. You were proud. You were excited to a Bandido
*Crown: you were so proud and excited you went home, bought a vest, and then ran home to show your mom and get her to sew on a patch
*Crown: Everyone got promoted. You were excited. Aravena says he wasn't excited about the killings, but was happy to be a Bandido.
* Crown: You're in Wayne's house. You hear a bang. You & Frank look at each other, grab your weapons, put on gloves & jacket & run out
* Crown: You heard a gunshot, your run into the barn, you wanna help your brothers, you run in trying to figure out who is hurt.
* Crown: You heard Wayne say "Get the fuck down." And they were the fuck down. They weren't going anywhere.
* Crown: When Mr. Moon says people were wandering around the barn with guns, it was the Farm Team people, not the other team.
* Crown: No one said to Bammer, hey, here, have a gun and walk around. They're on the wrong team. You're on the right team.
* Crown shows Boxer autopsy pic. To Aravena: This guy's hurt & you know it. Aravena: He didn't look hurt. Crown: His teeth are bashed in
* Crown shows Flanz autopsy pic. To Aravena: He's got bruises on his face. Aravena: Probably from the butt end of a gun
* Crown shows Crash autopsy pic of bullet in belly. To Aravena: He's got a bullet in his gut. He's crying, praying, he's in rough shape.
* Crown shows Salerno (BamBam) autopsy pic. To Aravena: Blood is streaming down his face. He's got a cut over the top of his nose.
* Aravena keeps saying he didn't see everyone's injuries right away. He ran into barn to see what's going on, not to check on injuries.
* BamBam hurt on face, on arm, on leg, bleeding. Aravena says he didn't shake his hand because he didn't want to get blood on clothes
* Aravena: I'm not trying to be insensitive I'm just telling the truth. Crown: Flanz's pistol whipped. On ground. He doesn't get a chair
* Crown: Wayne is going up to him, pointing the gun at him, dancing around, calling him a Fucking Jew. And all you did was stand there.
*Crown: You didn't say a word. You just thought Wayne was a weirdo. While Flanz is being pistol whipped and threatened.
* Crown: Were these guys (from TO) free to go anywhere, at any time during the night? Aravena: No, but they'd get up to go pee and stuff
* Aravena: You keep asking me the same questions. I'm telling you I didn't see the injuries that you're talking about.
*Tense exchange between Aravena and Crown, speaking over one another. Crown: Are you trying to make a joke of what's going on here?
*Aravena:I'm not making a joke. Look at how you're treating me. I know you're just doing a job but you keep asking me & I'm telling you
*Crown puts up Chopper autopsy pic, says Aravena must have seen him bleeding from the neck. Aravena says no, he was behind freezer
* New line of questioning. Crown asking about Aravena's background. Aravena agrees that stepdad was there for him. Stepdad a gunsmith
* Aravena says he would clean stepdad's gun shop, just his tools and shop. Stepdad didn't teach him about guns, though.
* Crown: You're a bouncer by profession. If a guy is drunk and needs to leave a bar, that's your job, to get him out.
* Crown: You're also a professional MMA fighter, a professional boxer, a professional Muay Thai fighter.
* Crown: You fought about 40 professional boxing fights, right? You hurt your hand, that's bad. That's your bread and butter.
* Aravena says he was a great MMA fighter because he'd lose a lot but he'd put on a good show, keep getting up if he got knocked down
* Crown: When you go to London, you're a 6'2, 280 lbs heavy weight fighter. You're training hard. Aravena: I'm a natural talent.
*Crown now playing video of Kellestine in the barn. Kellestine is skinny, scrawny, shirt off, gray hair pulled back.
*Crown: How many of your opponents looked like this? Aravena: No one. One was old, but not that old.
* Crown says he could've kicked Wayne's butt if he wanted to. Crown shifts gears again, asking about relationships with Winnipeg Bdos
* Aravena agrees he liked the Winnipeg guys, thought MH was a little off but he wouldn't have wanted to be Bandido if didn't like them
* Crown says that "unquestioned loyalty" was required of a Bandido brother. Aravena: That seems obvious that it would be.
* 1% Creed is put up on the screen. "A 1%er is one of hundred of us who has given up society and politicians one-way laws."
* "Look at your brothers standing next to you & ask yourself if you would give him half of what you have in your pocket."
* 1%er: If a citizen hits your Brother will you be on him without asking why?
* Crown says Aravena wanted to be Bandido before he went to Ontario. When cops arrested him, his computer background was the Fat Mexican
* Aravena says he'd also looked at HA and Outlaws websites, but that yes, he was friends with Bandidos.
* Aravena also says he knew that in Winnipeg, guys reported to Sandham, Sandham reported to TO, TO reported to Texas
* Crown: So you're friends with Mushey, right? And if I ask you who went out with BamBam to kill him you say you don't know
* Aravena: Right, because I don't know. Just like MH didn't know. He made up names and he changed names, but I'm not going to do that.
* Crown: With BamBam, Jessome, Trotta, Crash, you don't know who went out with them and Wayne, right? Aravena: Because I don't know
* Crown: Mushey was your sponsor. He taught you. He let you live with him for free. He was your best friend, a good cook, great w/ kids
*Crown: You wanted him to be the president of the Bandidos. You make a pact with him to watch each others backs in times of trouble.
* Crown: Where are we now? Aravena: We're in trouble. But we're still alive. Crown: Do you think you owe your life for Mr. Mushey?
* Aravena: Yes, he's a big part of the reason why I'm still alive. Crown: So you owe him a debt? Aravena: I wouldn't call it a debt.
*Crown: So when Gardiner wakes you up, it's like Christmas morning. He's excited. Wake up Marcelo we're going to Ontario to be Bandidos
* Crown: So, if you're going to meet the bosses in Ontario, did you ask MH, Sandham and Mushey why they were going to Ontario?
* Crown: It doesn't take three guys to make an introduction. Didn't you ask them why they were going? Aravena: No, why would I?
* Crown: So after you get woken up, you get this phone message saying "D, it's Boxer. We have to talk about you being a Bandido."
* Aravena: Yes, I told Mushey (nicknamed D) about the message, he told me not to worry about it. I believed him not a voice on the phone
* Crown: You knew this club wasn't the Boy Scouts. You knew it wasn't a democracy. There's serious discipline if you didn't follow order
*Aravena: I didn't know there'd be murder, if that's what you're talking about. I thought if you disobeyed, you'd get an ass kicking.
*Crown: This isn't a club for children. This isn't a club for wimps. Aravena: Yeah, but look at Wayne. There's lots of guys like that.
* Crown: I suggest that even if you didn't hear "Kill one, kill them all,"you knew that's what you'd have to do because of brotherhood
* Aravena: No, not at all. And I never killed one. That's not true.
* Jury sent out because of an objection to a question. Crown wants to question Aravena about his lawyer's opening statement
* Aravena: I didn't know when or who told me about where they're going. You're trying to get me to tell you details of conversations.
* Aravena: I can't give you details. Maybe you can remember details and that's why you're a prosecutor and I'm not
* Jury's back. Crown says Aravena knew Winnipeg was going to "deal with" a problem in TO. Aravena: But I was told it wasn't my concern
*Aravena being asked about the broken hand he got during his last fight. Said he didn't go to the hospital, just smoked a joint.
* Crown: You're in such rough shape, Mushey takes one look at you and asks if you're okay, right? Aravena: Right.
* Crown plays video of Aravena getting off plane in London Airport, where he's holding his luggage in his (supposedly broken) right hand
* Crown: Everyone's wearing a jacket, sweats. You're wearing a t-shirt but apparently you're cold. Aravena: You're changing my words.
* Aravena: You're changing my words and it's not working. I didn't say I was cold, I said I had the chills
* Aravena is easily holding his own luggage and is wearing a t-shirt in the airport video. Says his luggage was light.
* Crown: You didn't go to the hospital when you landed in London because becoming a Bandido was just so important.
* Aravena: That's not true. I don't go to the hospital because sometimes I'm just stubborn and neglect my own life.
* Jury dismissed. Lunch time. Back after that.
*Crown is back and asking questions of Aravena. Asks about a phone call he took from Carlito, who called from a hotel asking questions
*Aravena says Carlito was calling from Winnipeg, Aravena didn't know him so didn't really talk to him.
* Crown takes Aravena back to Kellestine's barn. It's very quiet, except for the dogs barking. "It's in the middle of nowhere."
* Aravena says he was in Ontario to meet bosses. Did you ask who you were here to meet? Aravena: Nope
* Crown: When the people arrived from Toronto, didn't you want to meet them because they were bosses? You came all the way from Winnipeg
* Aravena: I figured they'd eventually come into the house because they wouldn't be in the barn freezing all night long.
* Aravena says Brett cleaned up the rusty shotgun shells from Merv because they were old
* Aravena said he didn't know Sandham had a bullet-proof vest. The brothers were coming, so women and children were sent away.
* Aravena says Wayne had guns, grenades, shells all over the house. Went upstairs to get more guns in preparation for the TO arrivals
* Aravena admits he was treated decently at the farm, he wasn't held captive, he wasn't trapped there in days leading up to killings.
* Crown: First you hear there's a problem with TO, then you hear someone say I'm thinking of salvaging three guys.
* Crown: Then that night people are gloving up, sawing off shotguns, making CB contact between the house and barn. Maybe something's up
* Crown: So you go to Mushey and ask him "what's going on?" What made you ask that? Aravena: Gloves. People are putting on rubber globes
* Aravena: I went to Mushey and asked him what was going on, he told me not to worry but there's stuff he couldn't tell me.
* Aravena: I thought it was weird that they were bringing their guns because usually you leave guns at the door before a church.
*Aravena asks Crown to break up question into smaller pieces. "You keep asking me to clarify now I'm asking you to clarify," he says
* Crown: I'm suggesting to you that you knew very well what was going on, after the gloves and CB and guns and everything else.
* Aravena: I didn't know what's going to happen or I wouldn't have come. I bet Mushey & Brett wouldn't have come either if they knew
* Crown: There wasn't a party that night, right? No on was drunk. Aravena: Wayne was drinking but he can drink a lot for an old guy.
* Crown: Wayne told you to watch for cars but you were in the one room that has no window and you can't see the roadway?
* Aravena: They had a dog that would bark at anything that moved. Crown: But you missed a couple of cars. Aravena: Ask the dog about it
* Crown: Bosses are coming, aren't you getting ready to go up to them, introducing yourself, offer them a beer? Why don't you do that?
* Aravena: I don't know if you noticed but I don't take alotta stuff seriously. Like I didn't train before fights that could be real bad
* Crown: You were supposed to listen to the scanner not for a fire but for the police, right? Aravena: What else is a scanner for?
*Crown: You hear what you think is gunfire, you run out. The immediate topic of conversation is the man dying on the floor
*Crown: You must know that meeting the bosses is not what's going to be going on that night. Aravena: Yes, I figured that out quick
* Crown: Did anyone introduce you to the other guys, turn to the others and say "Fellows, this is Marcelo from Winnipeg." Aravena: No.
* Crown: Wayne leads Boxer out and you go with him. Barn. Car. Shot. Dead. Wayne walks in front, then Boxer, than you.
*Crown: Wayne has a gun, Boxer's unarmed & you're armed with a flashlight. Why would Wayne turn his back on a man who he's gonna kill?
* Aravena: I don't know. I also had handcuffs.
* Crown: So Boxer's being lead to the VW, the one car that's hooked up to the tow truck. How could you think that he was going anywhere?
* Crown: I'm suggesting it was absolutely clear that Boxer was going to die. You knew before the shots rang out. Aravena: Im not lying
* Aravena: If I was going to lie to you, I wouldn't have told you I even went out with Boxer. I could've just lied about that.
* Aravena: I'm not a liar. I gave you information I didn't have to give you. Crown: Okay, let's see if you can explain some other things
* Aravena: Think about what you'd be thinking if you thought you were going home and someone else has other plans for the night
* Aravena: Plus, you'd just seen a dead body, something you'd never seen before. Your mind would be going weird just like mine was.
* Aravena says he can't remember if he saw Boxer's skin when Wayne put the gun underneath Boxer's shirt or not.
* Aravena: To get out alive, I'd do anything Wayne told me to do. If he told me to eat that scat the way he did, I would've done it.
* Crown: You're there to confine these guys. You had a bat to make sure they didn't go anywhere. Aravena: And to protect myself, too
* Crown: So, Wayne told you not to tell anyone about Boxer. The first thing you do is go up to Sandham and tell him Wayne wacked Boxer.
*Aravena: I was freaked out, I didn't know what to do. So I told him.
*Crown: So why didn't you run? Aravena: I had no idea where I was, I don't know Ontario at all.
* Aravena says his curiosity got the better of him, wanted to see Chopper's dead body because he'd never seen anything like that before
* Crown: Wayne tells you to go and search the cars. You walk out with the car keys in your hand, the whole wide world in front of you.
* Crown: You don't run. Aravena: I know there's a dead body and I know I'm around bikers. I didn't run. I didn't call the police.
* Crown: So when you tell Gardiner that there's a dead guy in the barn? Aravena: He looks like he's about to cry.
* Crown: So Gardiner goes for the phone? Aravena: Nope. Crown: He goes out to get a car? Aravena: Nope.
* Aravena refuses to answer if he saw Gardiner with police scanner. Says he's not trying to be smart-ass, just doesn't remember
* Crown tells him he'd told them earlier Gardiner had the scanner. Aravena asks for that part of testimony to be played back for him
* Crown says he'll play it for him at a later date. Asks about shackles and handcuffs, rope, handcuffs. No one ever was tied up, though.
* Crown: So all night three guys go out, two come back. No Surrender Crew guys are the ones not coming back. You didn't hear any shots?
* Aravena: No, I didn't hear any gunfire. Crown: Why would BamBam want to shake your hand if you don't even know him?
* Aravena: I don't know, because he thought he was going to die. But I told him he'd be okay, that he was going home.
* Crown: So how could you be afraid that you're going to die if you also at the same time think the TO guys are going home?
* Aravena: That's what I thought, that I was going to die and that those guys are going home. Crown: At one point Gardiner comes in.
*Aravena: Yes, Gardiner comes in, he doesn't say or do anything. We always make fun of him cause he just sits there in his own daze
* Aravena: We always make fun of Brett 'cause he just sits there and looks like he's catching flies.
* Crown will continue with Aravena tomorrow morning at 10 a.m. Jury is excused for the day.
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Friday September 25 2009
* Here's what happened today. First off asst. Crown played Aravena testimony where he said Gardiner was listening to the scanner.
* Aravena said it was a cold night. Kelly asked why 'church' was in the barn when it could have been in the warm house
* Aravena said Sandham, Kellestine, Mushey and M.H. had churches in the kitchen and he, Gardiner and Mather weren't invited.
*Aravena said he would have offered to go to the cold barn so the church could be in the house.
* When Aravena got to the barn, Kellestine told his to "tell the guys on the roof everyone is okay." "Okay W," he replied.
* Aravena thought it was bizarre because there was no one on the roof. "Wayne said a lot of weird things that night."
* It was a lie like when Sandham said "there's supporters watching Boxer," he said.
*"Wayne's a loud-mouth, even when he doesn't yell," Aravena said.
* Kelly asks why Crash taken to the tow truck with a promise to go to hospital when Boxer and Raposo were dead in the attached VW Golf.
* Kellestine said Crash would be taken to a Toronto hospital and they would "say it was a drive-by," said Aravena.
* Salerno said "Tell my family where my body is," before he was led out. Aravena said he still thought everyone was going home.
* Aravena said he thought Salerno was being "an idiot" for saying that.
* Aravena said he watched Kellestine kill Paul Sinopoli. All he had was a flashlight.
* After Sinopoli killed, Kellestine tells Aravena to get in the car. Aravena refuses. "Fuck no," he said.
* Aravena turned his back on Kellestine, the nat. sgt-at-arms. "I thought he was going to smoke me too."
* Aravena said he never got any water for Flanz and Trotta when they tried to mop up the blood in the barn.
* No one asked me to get water. Why would I do anything?" Aravena said.
* Kelly asked why Aravena asked his good friend Mushey "don't shoot me in the face." Says Aravena was joking about Flanz.
* Aravena says he would have said the same thing to Gardiner. "I was scared that night."
* Flanz was dead in the back seat when Aravena said what he did to Mushey. Aravena wouldn't look and only saw him peripherally.
* Aravena said, "I value life." I went through the same thing as these parents are going through," when his cousin was gunned down.
* On trip back to Winnipeg, they stopped for sandals, chips and H&S shampoo, good for gunshot residue. Crown asks why he needs it.
*Crown: "Why didn't you say to Mushey 'why do you want to remove G.S.R.?" Aravena: "I didn't even hear this was true."
*"But on the single most important night of your life, you don't remember who went out." :Crown
* Aravena said he told Mushey how Boxer died with a smile on his face. They didn't talk about anything else connected with that night.
* Aravena said he was happy to be a Bandido but would have been happier "if it was a better vest."
* Aravena wore his vest at Ross and Elgin streets in Winnipeg. M.H. and Mushey showed up later in their vests
* Crown said Aravena was more than playing along. He told Mushey he wanted to be buried in his vest. Mushey was buying a Harley.
* Jury re-hears Aravena tell friend that the only way he can get out of the Bandidos is "floating in the river." Hear him laugh.
* Aravena said the girl he was talking to is a "giddy person... chipper." He is too "sometimes."
* Aravena agreed he had no intention of quitting the Bandidos. "I accepted my life for what it has become."
* Crown asks why if everyone was so scared why no one ran away.
* Lots of times Kellestine was not in the barn. Crown asks why the rest didn't get together to "take this guy down."
* "I probably could have done it myself." Aravena said, but "how do you go up and say 'do we take this guy out.'"
* Crown points out Aravena did not follow several orders despite wanting to impress the Bandido bosses.
* One order he defied was getting into the car after Sinopoli shot. "You think I'd take that on?" Aravena asked.
* Despite that at the end of the night, Aravena was made a Bandido prospect by Kellestine.
*"You knew this was a plan. You wanted to show how tough you were to your brothers. ": Crown.
* "You were loyal to your brothers and you're loyal to this day.": Crown.
* "They're not my brothers." Aravena said..... Crown finished cross-examination.
* Bryant re-exam. Asks about conversation with Kellestine on the jail yard. Aravean said Kellestine didn't come out and ask him to lie.
* Aravena: they talked about what happened and Kellestine said,"Hey Marce," then mouthed the name "Mushey".. Four (held up fingers)"
* Kellestine: "Me..two (two fingers)..(M.H.) ..one (one finger) ..Sandham... one (one finger)." Aravena: "Yeah, don't worry about me."
* Aravena said he and Mushey made a pact but the debt was paid. "I do think I owed him my life" that night."
* "A lot of stuff happened the last couple of years. That debt was paid with interest."
* Answer to last question of the day: "I can't lie," Aravena said.
* Justice Heeney reminds jury it can only use the statements made by accused against the person who says them. No value on others.
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Tuesday, September 29, 2009
*Court lasts five minutes. Gardiner, Mushey and Kellestine opt not to call evidence
*Jury told to return Oct 13 at 10 am when closing arguments begin
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October 19 2009
* At the courthouse. Visitors to secure courtroom filling the hallway. Closing arguments start at 10ish
* Jury about to walk in. Hush over courtroom
* Justice telling jury what will happen now. The arguments will take at least this week. First defence lawyers, then Crown.
* Judge: What you will hear is not evidence, it's a way of gathering evidence to get you to decide one verdict or another
* The judge will then give his charge, which will take two days, maybe three, and then jury will be sequestered until their verdict
* Gord Cudmore, one of Michael Sandham's lawyers, is up first. He starts by thanking jury for their time.
* Cudmore says he doesn't like going first because this is his last time to address jury, there will be no argument on what other lawyers say
* Cudmore: The Crown said at the beginning that they'd tell you a story. That story is the story as told to them by MH.
* Cudmore: MH's story is like the warning before an episode before Law&Order. It's based on true events, but it's not the whole truth
* Cudmore says Sandham knows that his credibility is shot, knows that he lied, admitted he lied. He's like the boy who cried wolf.
* The fact is that even if you don't believe Michael, you have to consider all the other evidence to see if there's reasonable doubt
* "He was like a kid caught with his hand in the cookie jar. He was like an alcoholic caught in a lie." Yes, Sandham lied, lawyer says
* But, Cudmore says, the other lawyers played the tape of Sandham lying over and over and over again just to paint him as a bad guy.
*Others have tried to talk about how bad Sandham is, but the point is that people have pinned stuff on him that there's no evidence for
* Cudmore: Let's talk about MH. The only person MH cares about is MH. Some would call him a narcissist. He was a drug dealer.
* MH made tens of thousands of $$ peddling cocaine, ruining lives. He lied to the police, to his family, to Revenue Canada, to welfare
* Cudmore: If you don't believe MH, that doesn't matter to him. He only has to satisfy the Crown to keep his deal. He's got a great deal
* MH. Was told that if his story had him shooting anyone, no deal. Sur enoughn his story didn't have him shooting anyone
* Let's tlak about shooting Flanz and Raposo. People have said that Sandham shot Flanz but let's look at the science.
* If you look at the blood spatter evidence, there's no way Sandham shot Flanz. He would have had to defy the laws of physics to do that
* On the matters that matter, Michael was telling the truth. Michael didn't help Mushey or anyone else to shoot Flanz.
* Killing someone doe not neccessarily mean the shooter is guilty of anything. Shooting Raposo could've been knee-jerk or accidental
*Even if shooting Raposo was intentional, you will have to conclude that it's self defence. We have the right to defend ourselved
*The men were told to expect the worse & it arrived in form of Raposo shooting double-barrel shotgun. He'd shot once could shoot again
*Biker world is a pseudo-macho world and there are many inferences that can be made. There was no plan that night just chaotic maddness
* All kinds of inferences can be made. It's natural to want to punish someone for eight deaths, but that's not justice
* The state has to prove it's case beyond a reasonable doubt. It may be uncomfortable, but that's how justice works
* I don't think evidence here meets high standard of beyond reasonable doubt. But what I think doesnt matter, what you think matters
* Cudmore again thanks jury and finishes. Time for morning recess. Mather's lawyer is up after break.
* Kellestine wearing dark suit, white shirt. Mushey: tan jacket. Gardiner light blue dress shirt. Can't see Sandham, Aravena or Mather
* After the break ends, it'll be Greg Leslie, Mather's lawyer, who will deliver his closing address.
* On April 9 006, Frank Mather was arrested. He was innocent of everything he's been charged with. He's still innocent.
* Leslie: my client is innocent because of the presumption of innocence. I'm going to ask you, who is Frank Mather? No one knows
* Leslie: My client is a mystery man. Nobody knows who he is. The only person who ever saw him before was Sandham at BBQ in 2005
* Leslie: we heard from a detective that knows everything there is to know about the Bandidos MC and he's never heard of Mather
* Leslie says Mather wasn't a Bandido, his only mistake was to be friends with Wayne Kellestine.
* Why would Mather be part of a mass execution? What's in it for him? There are two groups - the shooters and the non-shooters.
* My client is part of non-shooters along with Gardiner & Aravena. Sandham says my client escorted Paulie out to die. That's not true.
*Aravena's testimony, on the other hand, has an air of truth to it, and he says my client didn't escort Paulie out.
* MH lies to the cops, to his buddies, to his friends. He lies all the time, continuously.
* Leslie: you can choose what you accept from each piece of evidence, including from MH. He said he didn't remember if Mather went out
* There are no emails, no wiretaps, no websites with reference to Mather. He just needed a place to stay and stayed at Wayne's
* Leslie is going over all the evidence that shows Mather wasn't a Bandido, that he just was crashing at Wayne's with his girlfriend.
* Leslie: For Mr. Mather to be guilty of murder he'd have to know of a plan to kill and/or help with the plan. He was insignificant.
* Leslie: the crown might say that he was in th barn and holding people, forcible confinement. But there's no evidence that he did.
* Leslie says Mather never heard "kill one, kill them all," or any other plan. Mather just thought everyone was going to go home.
* Leslie: People get shot. People get killed. There's no evidence that Mather ever heard anything like gunshots. He heard music, etc.
*Leslie: Aravena, Gardiner and Mather didn't have a clue about what was going on that night.
*Leslie: If anybody suggests Mather knew of a plan or killed anybody, ask yourselves what would Leslie say to that?
* On the first count, Chopper, Mather wasn't in the barn. You must acquit. On count 2 to 8, he didn't know there was a plan to kill
* Leslie: In my respectful submission, the Crown has not reached its burden in proving Mr. Mather's guilt.
* Leslie finished with his closing testimony. (This is going much quicker than I expected). Next up is Tony Bryant, lawyer for Aravena.
* But first, lunch. Back at 2 p.m.
* Sitting in court, waiting for the jury to come in so we can hear from Aravena's lawyer, Tony Bryant, give closing arguments.
* Bryant is reading a letter from Aravena to ?? We don't know. There have been 72 witnesses, including me (Marcelo) and 233 days in jail
* Turns out the letter is to his dad. It's all in the first person, written by Aravena.
* "I wish mom was alive so I could write to her, too ... I know this stuff with the Bandidos is a million times worth than anything."
* I told the jury where I grew up, when I lost it for a while, started to use cocaine and got pretty bad. I met Dwight
* I was still fighting but didn't have a fight schedule. I was living with Dwight, then a guy named Brett Gardiner moved in, too.
* I sort of liked the idea of the Bandidos, they talked about being there for one another. Looking back, maybe I needed some direction
* Last week in March Brett came down, woke me up and told me I could come to Ontario, meet the bosses. MH was there but I didn't see him
*I flew out after the guys went down. They even showed the jury a video getting off plane at the London airport. I wasn't feeling well
* When we got to Wayne's house, he comes out, long hair, no shirt. A weird sort of guy that had guns all over the place.
*I heard them talking about saving Paulie, Crash and Pony. I didn't know what that meant. All their meetings were behind closed doors.
*Wayne came down with guns. Told Mushey to saw off a gun, MH and Sandham were told to clean the guns. I was told it doesn't concern me
* Then, Wayne came downstairs and told us to put on gloves, but my hands were so sweaty, so I took them off. We were just watching TV.
* Bandidos Reminder: This is a letter Aravena supposedly wrote to his father explaining the Bandidos killings, being read by his lawyer.
* Frank, Brett and I were inside the house just hanging out when we heard really loud bang. I grabbed a baseball bat and ran to the barn
* All the guys were down on the ground and Wayne was yelling at them. Then Wayne asked me and Frank to check their cars for stuff.
* There was a dead guy on the floor. Wayne kept telling people that no one was going to die. Wayne was telling them all they'd be fine
* I remember thinking that it was going to be one long night. My lawyer told me later that it was one long nightmare.
* Can you believe these names, dad? Boxer, Chopper, Pony, Crash? Anyway, they all have those kinds of names.
* I remember giving a blanket to this guy, Crash, because he was cold because he was shot. Flanz and Trotta started cleaning up blood
* Paulie had some kind of problem, he had to pee all the time and we eventually gave him a bucket. Wayne said it was time to go.
* So Wayne told Boxer to get up and told me to follow him. I did. He told Boxer to get into the car. Then he just shot him in the face
* Wayne can be really crude. He told me to put that piece of shit's leg into the car. When I turned back around, I had a gun in my face
* Wayne told me if I said anything, he'd shoot me and my whole family. I told him I wasn't a rat.
* I was scared. I really thought they'd all be going home. After we were back in the barn, they were all led out one by one.
*Finally, Wayne asked for Paulie and turned to me and said "Mar, let's go." I followed. He told Paulie get into the trunk and he did
* I think the gun jammed and Wayne took out another gun and shot Paulie. Wayne told me to get in the front seat and I said "Fuck no."
* Dad, there's no need to tell you about how the bodies were dumped. I was just happy to be out of the farm, but then we went back.
* A few days later in Winnipeg, Mushey gave me his old prospect badge. It was nice to be there friend, because we'd all gotten out alive
* I asked my lawyers how juries decide these things. Some of the stuff that MH said, it makes it sound like we weren't in the same place
* MH told the jury that I was a prospect in 2005, but then my lawyers played him a videotape of him saying something else at the prelim
* Bryant continues to read this "letter" in the first person from Aravena to his dad. Says MH got bunch of stuff wrong in his testimony
* It was hard for me not to feel sorry for MH. He was more concerned about his guinea pig being in the witness protection program
* As for Sandham, he really was trying to protect his own ass. He said a bunch of stuff I didn't even know about, stuff from the states
*So, dad, that's what happened, what others said happened, and why I'm here.
*I told the jurors I was never a part of any plan to kill anyone, that really, there was no plan. I didn't help in the murder of anyone
* I didn't have anything to do with Chopper being killed. But I told the jury I didn't know anything about even patches being pulled
* Boxer. I told you what happened in the barn after I got there, how Wayne said they were all going home. Who knows why he picked me
* I saw Wayne kill Boxer. It had nothing to do with getting patches. I don't know why Wayne killed him. Wayne had a different plan
* I never intended to kill anyone. My lawyer told me he'd remind the jury my evidence was way more believable than the other guys.
* I had no way of knowing Wayne had a different plan that night. I didn't know any guys would be killed, dad, and I didn't hear shots
* After Boxer, I never knew anyone would be shot. My lawyer says I can only be found guilty if I had the intention to kill someone, dad.
* Dad, nothing I've told you or the jury can bring those guys back. There was no need for Wayne and whoever to kill those guys.
* Dad, I've been a bunch of things in my life, but I'm not a murderer. I hope you read this letter before the jury gives their verdict.
* That's it. Jury sent out, we're dismissed. Three closing arguments down, three to go. Back at it tomorrow.
------------------------
Tuesday October 20 09
* The lawyers at the #bdos trial are discussing points of law without the jury present. We should be up and running in about 10 minutes.
* Judge tells jury that in Bryant's closing, he purported to read a letter to his clients father. The words that were spoken were proper
* Judge: What was improper was the impression that the letter was in Mr. Aravena's own words. It was not. The letter was a closing
* Jury told to only use Bryant's closing as argument and closing, not as new evidence, because it was written by a lawyer, not client
* Next lawyer up is Hicks, lawer for Brett Gardiner. Starts by saying his client his presumed innocent and crown hasn't proven he's not
*Hicks: You the jury should acquit my client of eight counts of first-degree murder. He asks jury to think about several things said
*Jury should think phrases: They fucked up. They fucked up; How come I have to do all the wet work?; Did you fucking hear that?
* Other phrases to think about: Be prepared for the worst; Kill one, kill them all. These are very important to consider, Hicks says
* Kellestine and Sandham took no one into their inner circle, Hicks says. His client was on the outside.
* Hicks talks about drug dealing by the TO Bandidos. "The problem was that they not only sold drugs but they also used drugs."
* They used, sold coke/crack. In autopsies: Flanz had coke in system, Trotta had pot, Raposo had coke/pot, Salerno methadone & heroin
* Even though Kellestine disapproved of a drug use, he had "a dirty little secret." He had also used meth or speed and was "fucked up."
* Bandidos Correction: The first phrase the jury is asked to consider is "I fucked up, I fucked up." I used the wrong pronoun originally
* Those words were spoken by Kellestine. Hicks says Wayne said it in reference to drug use, that he was "fucked up."
* Hicks to jury: Motive is something you have to consider. The absence of motive can incriminate or exculpate. Gardiner had no motive
* Gardiner simply was a 21-year-old that wanted to advance in the Bandido nation. He had no idea there would be violence in Ontario
* Sandham took a bulletproof vest secretly to the Kellestine barn. His recent promotion to national office is a secret, Hicks says.
* Kellestine, Mushey, Sandham, MH were all high-ranking members, they were in barn. Aravena, Gardiner, Mather were lowest, in house
* Kellestine had secret cache of weapons. He'd told the guys to "prepare for the worst." He knew TO guys were bringing guns, Hicks says
* Kellestine had a secret (TO guns) and it was a secret he didn't share with the rest of the group but he did share it with Sandham
*First-degree murder is when it's done during something like forcible confinement OR if it was a plan hatched beforehand, Hicks says
* But Mr. Gardiner did not forcibly confine anyone or know about a plan. He heard "kill one, kill them all," but that's just a phrase.
* Gardiner, the lowest man on the totem pole, did not know of a plan to kill, nor did he share a purpose or motive to kill
* When Gardiner hears pop of gunfire (after Boxer'd been led out) he says "Did you fucking hear that? I better go check on Wayne!"
* Obviously, Gardiner was completely ignorant of any plan or killing. Plus: everyone thought he "wasn't bright," Hicks says.
* Any plan would have had to be explained to Gardiner. There was no explanation because there was no plan, Hicks says.
* There wasn't a plan. Why would seven bikers just sit around a barn waiting to die? They would have fought if they thought they'd die
* Kellestine is a psychopath. He's psychotic. There's no gentler words that can be used if you want to be truthful.
* Hicks: Kellestine killed six men. Men that were his friends, his brothers. Men ho he knew, men whose wives he knew. "Love ya, bro."
*Kellestine says "Why do I have to do all the wet work?" (Wet work is killing). Because his actions were unexpected, unforseen.
*The guys were too scared to help with the "wet work." They were too surprised to help, too scared. Even MH said he was scared.
* Presence at a scene of a crime does not make you a party to a crime. You'd have to do more than simply be present, Hicks says.
* Neither does not intervening in a crime make you guilty of that crime, he says. The choice was for those at the barn was stark one
* This was the choice: To stop the killing you'd have to become a killer yourself. You'd have to kill Mr. Kellestine.
* If you failed/hesitated in your attempt to shoot Mr. Kellestine, he'd shoot you. There were two killers that night: Wayne and Sandham
* Kellestine and Sandham put the guns together. Everyone else cleaned them, but they didn't know why they were cleaning them. No context
* All Gardiner did was listen to the police radio. He didn't do anything with any information he heard on that scanner, Hicks says
* (If Gardiner helped, that would be second degree murder). But Brett didn't help or assist in the commission of the crime using scanner
* So you can't convict Mr. Gardiner of first degree murder and you can't convict him on 2nd degree murder. Maybe manslaughter, at most
* Hicks thanks jury for their attention. Next up is Moon, lawyer for Dwight Mushey, but he'll go after lunch. We're taking an early one.
* We're back. Moon is up for Mushey. Moon came in halfway through trial. Really not much happened prior to MH's testimony, he says
* Moon says he doesn't like going fifth because other lawyers have already said a lot of stuff and have stolen a lot his thunder.
* Moon: At the risk of repeating something, I'd like to start with a letter. "Dear Marcello's dad..." Just kidding. (laughter in court)
* Moon: Nice to know that in a world where many countries would just have a show trial and find the #bdos guilty, in Canada we have juries
* Juries are like bumblebee: shouldn't work, but they do. You are 12 people in a room with other people dressed like priests or monks
*Each of you stand between the accused and the state, trying to prevent wrongful conviction and guilty people going free, Moon says
*There have been many witnesses and a lot of evidence, but that does not mean anything. It's about quality, not quantity.
* It would be easy to say, looking at the evidence, that the crown had a lot of evidence against Mushey. Look closer, they have not.
* Moon says part of the reason why Crown called 70+ witnesses and 500 exhibits is to overwhelm the jury. It's "smoke and mirrors.
* It's like a magician with smoke and mirrors and dancing girls, but it's a trick. Really, it's all about MH's testimony and he's a liar
* To keep his deal, MH didn't have to tell the truth, he had to not get caught in a lie. He's a liar, fraudster, drug dealer, killer
* The key issue, no, the only issue, in this trial is who did what to who inside Kellestine's barn, Moon says
* Only evidence Crown has in a lot of this case comes from the purchased mouth of MH. You have to believe him beyond reasonable doubt
* I'm not saying Crown has done anything underhanded but central part of their case is built on word of a lying, drug-dealing murderer
* Crown will tell you "if you don't believe A believe B?" But they're making stuff up, flipping spaghetti at a wall & seeing what sticks
* I won't have a light show, Moon says. I'm going to give you one version of the events, supported by logic, common sense and evidence
* Moon says Mushey admits to the following: He didn't shoot anyone, including Flanz. He didn't kill anyone, but we'll talk about Raposo
* Mushey admits he was a probationary member, that he went to Ontario, that he knew w/ MH, Sandham, Wayne to Peace Arc Park
* Mushey admits that he knew that TO was defunct and Winnipeg was becoming a chapter, that Kellestine was gonna be Nat'l Pres
* Mushey admits he became full-patch in March 06, that he, MH, Aravena and Brett were told by Sandham to come to Ontario
*Mushey admits he didn't know that Carlito and Stone were sent to Winnipeg to go kill Sandham. He admits he was at Kellestine's farm
* Mushey admits he notified RCMP he was going to Ontario, that only plan was to pull patches and to "prepare for the worst."
* Mushey admits he went behind the barn with MH while the TO guys were arriving. He didn't know there were firearms inside the barn
* Mushey says he didn't know Raposo said he'd blow a hole in Sandham. Moon says Sandham is a man not to be trusted, believed.
* Moon: A smart man once said, You can put lipstick on a pig but it's still a pig. How stupid does Sandham think we are? He's a spider
* Sandham killed Raposo, Trotta, Flanz. Sandham's life was a web of lies. With each new deceit, he spun a new web of lies.
* Moon: Sandham portrays himself like a clucking mother hen, gathering blankets and helping out the injured. How absurd.
* Moon: I'm surprised Sandham didn't say he went into the house to make hot chocolate and smores and come back to sing Kumbaya.
* Moon: It may very well have been in Sandham's heart to kill when he left Winnipeg. But Mushey and MH didn't know that.
* Moon is going through his theory of that night. He's talking about Raposo's injuries, who had bullet to chest and graze to arm
* Sandham could've acted in self-defence or shot Raposo by accident. I confess, I have my doubts about that, Moon says.
*Mushey was a patch-wearing member of the Bandidos. He was proud of that. He took his role very seriously. A brotherhood.
*Mr. Mushey accepts responsibility for what he did. You can find him guilty of manslaughter on Mr. Raposo.
* Moon: Let's talk about Flanz. There are three version of events. MH says Sandham's gun jammed and he gave it to Mushey, who shot Flanz
* Moon: Sandham says he saw Mushey shoot Flanz. Aravena says he saw Sandham shoot Flanz twice.
* If you look at forensics, any one of them could have shot Flanz, based on blood splatter. The head wound at top clears everything up
* Head wound was from top, left to right. Mushey couldn't have done it from inside car. Bullet would've had to come from the outside
* Therefore, Moon says, the only testimony that can be believed here is Aravena, who said Sandham shot Flanz from outside the car
* Trotta and Flanz both had unique injuries. Both shot at top of the head with a 9 mm. You can infer that Sandham killed both, Moon says
* As all of this is going on, nobody stood up and said, "No. This isn't right. We shouldn't do this." But Mushey did stand up, Moon says
* Moon reads transcript of Mushey telling MH about convo he had with Sandham, Kellestine that night. Mushey said "No. This isn't right"
* Moon: Kellestine told Mushey in the barn to shoot Boxer if he moved. Boxer moved, but Mushey didn't shoot him. He wasn't having it.
* Moon: Bammer (Salerno) goes up to shake MH's hand, he refuses to shake it. Bammer goes up to Mushey who shakes his hand.
* Moon: That's because MH was scared of Wayne, didn't want to die. Mushey was sticking it to Wayne, gonna shake whoever's hand he wants
* Moon: You have at least a reasonable doubt on this matter. He's the only who stood up and said, "No, this isn't right."
* Moon: Mushey is willing to concede he didn't try to stop anything at first, that's why it could be manslaughter. But then he said NO.
*Moon: Mushey refused to follow his orders. Mr. Kellestine is a long-time member of the 1%er world. Sandham is a long-time wanna be
* MH is also long-time biker, kissing-cousins with big-time bikers. Mushey, only a biker for a year, has the stones to say 'no' to Wayne
*Mushey was just lucky to get out alive. He put his own life on the line. I'm not saying he's a hero, but he's not the villain
* Moon asks "How long have I been talking for?" Judge: About an hour and a half. Moon asks for a 15 minute break.
* Jury coming back in. Moon says he's almost done. He'll go home take his dogs out for a walk.
* Moon: Let's talk about MH. I agree with the other lawyers here except for the Crown when they say he's credible.
* Moon says MH lied to protect himself. The police believed him, the Crown bought it and he provided the bedrock for the case.
* What MH said about Flanz's death is outright lie. He first went to cops without immunity, so he could've been lying to protect himself
* Just because MH testified doesn't mean he told truth. Ask yourselves, what corroboration is there to his evidence? I say there is none
*MH's evidence is inherently suspect. Aravena, on the other hand, isn't a sophisticated witness. He told truth about Flanz's death.
*Moon: That's it for me. I'm not going to get to speak to you any more, so thank you.
*Judge: It's getting very hot in here, so we'll call it a day. We'll come back tomorrow with Kellestine's lawyer, then the Crown.
--------------------------------------
Wednesday October 21 2009
* Courtroom filling up at #bdos trial. Kellestine's lawyer will have a full house audience in main courtroom. Overflow room also crowded.
* Today we'll be hearing from Clay Powell, the last lawyer (Wayne's) to deliver closing arguments. Then it's Crown's turn for closing.
* In court this morning: Six civilians, three lawyers (They're wearing suits). Two cops, one court clerk, one Free Press reporter
* 27 people in overflow court. A record. People, lawyers, cops, court clerks, reporters. Everyone wants to hear Kellestine's closing
* Here we go. Clay gets up. Says he's wanted it to be like on television. "I'm Nick Paparella." (Everyone laughs.).
* Powell: I was sitting on the porch this morning, 6:30 a.m., I thought, I don't want to read, I want to say a couple of things to you.
* Powell: I don't think I've ever represented anyone who has been labelled a psychopath or a maniac, like my client has been .
* Powell: Other lawyers can say whatever they want, I'm not going to point fingers at anyone but Sandham. Can it be Kellestine's fault?
* Powell: Who has real motive to take out Toronto guys? Kellestine? Why? Sandham did, he was an ex-cop and people were gonna kill him
* Powell: Sandham doesn't come to Kellestine alone to tell him that TO guys are bad, no money, snorting coke. He brings his whole crew
* Powell: What was Kellestine plan? Not killing. It was to take colours away. That's what boys in Texas, Concrete Dave (Weiche) wanted
* Powell: Kill one, kill them all means "don't kill anyone because then we'll be in a bind." That's what Kellestine meant
* Powell: Sandham, the genius over there, shot first. Chopper said he'd kill him and Sandham shot him. Then they had really big problem
*Powell: You cannot convict anyone on the evidence of MH. He's a game-player. He was coming down with the genius from Winnipeg, Sandham
* Powell: You can't trust a word Sandham says. If he stuck a parking ticket on your dashboard in Winnipeg, he probably forged it.
* Powell: Then you've got the letter writer, Aravena. They all say the same thing: Kellestine's crazy. He was singing, dancing.
* Powell: The easy target is Kellestine. You've got all the lawyers, the bay street thumpers, saying it was my client. So will Crown.
* Powell: My colleague Cudmore did a good job, but there's not much you can do for Sandham
* Powell: You, the jury, have a hard task. Mushey, Gardiner didn't come along for a ride to Ontario to meet the bosses. Give me a break.
* Powell: Frankie Mather came to Wayne's house for a place to stay for his pregnant girlfriend. And Kellestine gave them a place to stay
* Powell: (whining like Taz) Yeah, I bought a book about secret agents. I wanted to be one. What nonsense.
* Powell: Even if Cudmore said that, you wouldn't believe him. What about our letter writer, Aravena? Said he was scared of Wayne.
* Powell: (deepens voice like he's dumb): Gee dad, I sure hope Tony knocks them dead. Uhhhh. I was scared of Wayne. Give me a break.
* Powell makes fun of Aravena's lawyer, says he's "most egotistical guy put on this earth." "Gee Clay you're great" (pats self on back)
* Powell: I ask you not to get hyped up in the rhetorical and what they say in the newspaper, calling him a psychotic killer.
* Powell: I can't ask for much more than that. Give it your best shot. Remember the big picture, remember who came to whose house
* Powell: Remember who fired the first shot. Remember who really wanted to be a 1%er, who went back to Winnipeg all proud.
* Powell: I have no axe to grind with any motorcycle club in this country. I feel bad for the families of the guys that died.
* Powell: I can't ask you for more than that. I hope you look at the big picture when it comes to Mr. Kellestine. Thank you.
* That's it for Powell. The 30+ people who were in the overflow room have filed out. Now it's lunch time. Crown speaks after lunch
* The #bdos defence phase is over. All the lawyers have delivered their closings, all the closings have been twittered. Discuss.
* Jury back. Crown will now make his closing. The crown is Kevin Gowdey. I'll just tweet him as Crown
* Crown: I'll probably take two days. You heard 68 days of evidence. It's our burden to prove case to you. There's a lot to cover.
* Crown says part of his closing will include playing and showing evidence that jury has seen already (to refresh memories).
* Very few defence lawyers have asked you to look at the whole, Crown says. They've picked and chosen what they want you to look at.
* Crown: You are to be impartial. The accused, this court and your community expects nothing less.
* Crown: Bryant made sure to remind you Aravena's mother had died; Hicks called people names. They're trying to appeal to your emotions
* Crown: I'll be appealing to your logical side. I want you to look at the evidence logically.
* Crown: This might be an overused metaphor, but this trial is a journey. You're all from different places & have travelled on a journey
* Crown: Journey has taken you into legal world and into the world of Bandidos. I'm sure this will be a once-in-a-lifetime experience
* Crown: Let's go over legal terms. People who aid & abett are as guilty as someone who pulls the trigger. Recall Bryant's cross of MH
* Crown: Bryant held up pics of all the murdered men and asked "did you kill him? Did Aravena kill him?" That's the wrong question.
* Crown: The real question should have been did Aravena or these other men help or encourage the killing of these men? Answer is 'yes
* Crown: Let's look at 1st degree murder. It's first degree if it's during forcible confinement or planned/deliberated upon beforehand
* Crown: Doesn't matter if Mather came with girlfriend or that Aravena wouldn't have come if knew about violence. Only that day matters
* Crown: A conditional plan is also a plan. A bank robber thinks "i'll only shoot if they resist." That's a plan to kill.
* Crown: Worse case scenario was to shoot No Surrender Crew. Actions show they were preparing for battle, all preparing for an ambush.
* Crown: Let's talk about being unanimous. You only have to agree on the verdict.
* Crown puts up a powerpoint. First slide: Position of the Crown: Tensions have been building within the Bandidos
* By April 2006, every member of Bandidos in Canada was in trouble.The States were fed up.
* Crown: The six accused agreed on a plan. They went to Ontario. This was not a pleasure trip. They knew there'd be guns.
* Crown: Two days before killing, Kellestine talked to Cameron Acorn (in jail), and he said "big changes were coming." They sure were
* Crown: The nicest version of the plan was luring the No Surrender Crew to the barn and to only shoot if they resisted.
* Crown: But the chances of these TO men saying 'Sure, here's my patch, no problem' were very slim. The farm team was prepared.
* Crown: The farm team's preparations were extensive. Gloves, cleaning guns, bulletproof vests. Some guarded, some monitored scanner
* Crown: When the shooting started -- not an accident -- the worst case scenario had happened. One dead, couldn't have seven witnesses.
* Crown: The TO Bandidos couldn't leave. They tried. Some cried, some prayed. Flanz was told he'd die last, and he did die last.
* Crown: Together, all eight men dumped the bodies, together they advanced in the Bandidos, together they got rid of evidence. Each one is guilty
* Crown's next powerpoint slide goes up. It's called "Easy Facts." (It's just black print on white background).
* Easy Fact: The Deceased. (Puts up pics of dead men). You know their names, you know their nicknames. You know their ranks in the Bandidos*
* Crown: Also remember who they were. Boxer was the national president. Why would he give up his patch so easily.
* Easy Fact: All eight men went to Dutton-Dunwich on April 7, 2006, to Mr. Kellestine's farm. Easy fact: Hours later, they were all dead
* Crown talking about Mary Steele, woman who found vehicles on Stafford line. The killings took place between 10:15 p.m. to 6 a.m. next day
* Easy Fact: How they died. All murdered. All were shot at close range, except Raposo, who was shot by Sandham with a high-powered rifle
* Easy Fact: Boxer shot in head, Crash shot 7 times, Pony shot in head+chest, Paulie shot, Bammer shot, Mikey shot, Flanz shot.
* Easy Fact: This was a closed set. There were no Hell's Angels, no Nomads on the roof. Easy Fact: All TO men were found stuffed in cars
* Easy Fact: The guns were all from Kellestine's farm. They were found in a secret compartment under the microwave oven.
* Crown: Unless MH did killings himself, which no one suggest, all the killers and helpers are here today. They must be held accountable
* Crown says he wants to talk about motive. It'll take 50 to 60 minutes. They all have common motive.
* Crown: The motive was all about the men wanting to preserve or advance their Bandidos motives. Common motive sticks everyone together
* Crown puts up Exhibit 2474: Seized from master bedroom at Aberdeen Line (Wayne's house). It's front and back of a vest with Bandidos patches.
* Crown puts up 1%er: More than a Patch and 1% Creed, which was shown to jury by a biker (Bandido) expert.
* Crown: 1%er is an ideal. It's like a religion or a vocation. It's a way of life. It's "literally words to live or die by"
* Boxer's email: "Our club is our life and there is nothing worth living for without it."
* Taz email: "A Bandido fights for his patch, a Bandido doesn't throw down his patch over bullshit."
* Crown puts up pictures of Bandidos at parties. Even if they weren't on a membership list, they WANTED to be on a list.
* Crown says the lawyers will make much of the Bandidos not having motorcycles, not being on a membership list. It's about their desire.
* Pic of Sandham up, wearing a vest and helmet: Taz, Tazman. He desperately wanted to be a biker. Was in Bandidos colours at Wayne's house in '05
* Email from "Bandido Jeff" (Bandidos president in USA), to Canada: It may be a surprise to some of you: you have to own a motorcycle. Get one.
* Crown puts up photo of Sandham wearing a dark suit jacket, burgundy shirt. Brown hair, balding. Looks like a banker.
* Mushey, Aravena, Gardiner, Mather also wanted to be Bandidos or were prospects. Each of them had a motive, something to gain/preserve
* Crown puts up photo of Mushey, wearing glasses, grey suit, black shirt. He was a probationary Bandidos member, he was organizing support club
* Mushey and Gardiner lived together. Mushey was Aravena's sponsor. Mushey was aware of the troubles with USA, with TO members.
* Picture of Aravena goes up. Green t-shirt under black pin-stripe suit jacket, black hair, round face, big smile, dimple on right cheek
* Aravena spent $250 on plane ticket. Ignored medical treatment. Bandido ambition drove him. No bike, no membership, that doesn't matter
* Gardiner picture in yellow shirt, blue collar, white shirt underneath. Light brown hair, glasses. Gardiner told "do what you're told"
* MH said Gardiner had some status in Bandidos. Also, shortly before murders, he signed a love letter to his girlfriend "Prospect Bandido Bull."
* Gardiner wanted to be a Bandido, he came to Ontario specifically to get his prospect patch.
* Mather's picture put up. Smirking. Red hair. Green plaid button-up shirt on top off white t-shirt. A dark, heavy suit-jacket over top
* 5 or 6 pictures in collage form, Mather seen in "Support the Fat Mexican" t-shirt. He'd moved in to Kellestine's basement with GF
* Mr. Mather was not an unknown. He developed an attachment to the Winnipeg Bandidos despite the fact that he was relatively unknown.
* Kellestine's picture. His grey hair is pulled back or cut off. Wearing round eyeglasses, smiling. Grey shirt under dark grey jacket
* Wayne Kellestine clearly differs from Mather, Aravena and Gardiner. He already had his patch. He was a sgt.at arms.
* Kellestine was talking about reorganizing the TO Bandidos. He was prepared to take control of the club in Canada, but he needed help.
* Crown: Emails paint a picture of the long-standing problems between No Surrender Crew and the American Bandidos.
* Emails put up from Bandido Big Bill. "Canada has not been meeting the requirements of belonging to this club." (In 2005).
* The emails being put up are from Bill Sartelle (Bandido Big Bill) in Texas. Bammer replies: "being a Bandidos in good standing is my world"
* Email from Bandido Jeff (US president): "And one more thing. Bandidos don't vote. They do what the fuck they're told. "
* Crown: "Better to die on our feet than to live on our knees" No Surrender Crew believed
* Sandham tires to put a distance between Winnipeg and Toronto. Concrete Dave (Weiche) enters the picture. But he's also on outs
* Picture goes up of Jeff Pike, International El Presidente and Carlton Bare, Bandido Pervert. Wayne knew them.
* Sandham knew to meet with USA, he needed to have someone high up from Canada -- like Kellestine. Wayne knew Taz was talking with Texas
* The point was that Wayne, Sandham and Concrete Dave went to meeting with Americans. Importantly, the TO crew wasn't told
* Tazman 1%er sends emails from US says he's happy, all going well, Texas was "behind him" and signed emails "Bandidos Fuckn Canada!!!"
* But in emails to TO guys, (email to Chopper goes up), Sandham signed his emails "Bandido Probationary Tazman"
* Crown: Getting rid of the No Surrender Crew would have to be an ambush. They would, by definition, not surrender.
* Calls were made from Mushey's house by Sandham to Hawaiian Ken to pull Patches. Five Bandidos were there at the time, listening to orders.
* Sandham's phone records show the route that Bandidos took from Winnipeg to Southwestern Ontario. They show up at Kellestine's house unexpected.
* Crown: Whether ambitions were to be a prospect or to be president, the way to do it was the same: To remove by force the TO Bandidos
* Crown: That's a good place to stop. Jury excused. Back again tomorrow at 10 a.m
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Thursday October 22 2009
* About to get started here at the #bdos trial. The Crown will continue with its closing arguments.
* Crown: Yesterday we talked about motive. We didn't talk about MH. Let's talk about him. He's a central character but he's one part
* Crown: MH wasn't told about the autopsy evidence but did know the wounds of the dead men. He told police what guns to look for
* Crown: MH walked Pony out to his death. He forcibly confined the eight men. He is guilty of murder. But he also broke the 1%er code.
* Crown: Any feelings you might have about MH's immunity deal are understandable, but does it cast doubt on truth of his evidence? No
* Crown: This was MH's only shot at freedom. The only stipulation was that he tell the truth. Other evidence backs up his story.
*Crown puts up powerpoint slide: The Preparations. Shows video surveillance of Mushey, MH and Aravena at the London airport.
* Crown: The prep started before they got to Wayne's house. Mushey asked if they should bring guns. Sandham said no, Wayne would have some
* Crown: Kellestine told the guys several times to be prepared for the worst, that if they kill one, kill them all. It wasn't just talk
* Crown: Wayne said he needed new shingles because he'd hidden some guns in his roof. Two days before killings, Wayne talked to Acorn
* Plays tape. Wayne: "There's gonna be some major changes. I hope your gonna hang tight. You're a good truthful man & a good soldier
* Wayne : I hope things are gonna get a lot better. People in States are super super super fucking choked. People have been lying to us
* Wayne to Acorn: Everything ain't alright. So I'm not gonna say another word. I'm telling you right now, you protect yourself.
* Wayne to Acorn: I don't want no part of this but I'm gonna try to salvage as many guys as possible. I'm gonna have to fix this.
* Acorn: Oh fuck, it's not what I think it is? (This was conversation btw Cameron Acorn in jail and Wayne, 2 days before killing)
* Crown: Plays another tape where Wayne tells Paulie to come to the church, sings "Hold me close, you homely little bastard"
*Crown: The prep also included teaching people how to butt-stroke someone. Wayne took guns, they put the guns together.
* Crown: For 2-3 hours they cleaned and put together guns. All of them. Not one of them asked why or stood up and refused to continue
* Crown puts up picture of one of the guns that they couldn't get working. It looks like a rusty thing from the First World War.
* Crown puts up pictures of sawed-off barrel of a shotgun among crap on a shelf. (No gun, just the long barrel that they'd sawed off)
* Crown: No one questioned why Sandham needed a bullet-proof vest. Mushey even got mad, said he would've brought his, too
* Crown: Then Kellestine started telling people what their roles would be. Monitoring, waiting, etc
* Pics go up of barn. There's mattresses, dusty ladders, chairs, shelves, freezer, a "Provincial Offences Court," Confederate flag, etc.
* Phone call, Paulie calls Chopper on April 7: Chopper tells Paulie that it's VERY important that he be at church at Wayne's.
* Boxer and Flanz phone call, where everyone is told to meet at Wayne's. (Remember, this is from wiretaps from different investigation)
* Crown: No Surrender Crew has arrived at the barn, unaware of what plan is in store for them
* A butt-stroke is when you hit someone with the butt (ie. handle) of a gun
* Crown: As I take you through this story, think about the deliberateness of it all. Think about the time it took, selection of weapons
* Crown: Think about the size of the undertaking, the planning, teamwork and strategy required. This isn't the work of one or two people
* Crown puts up next powerpoint slide: The Killings. People are laying in wait in the barn, Kellestine welcomes No Surrender Crew
* Chopper say he'll give Sandham a surprise, put a hole in him. Turns out Chopper was wrong about who would put a hole in who.
*Pop. Pop. Pop. Like popcorn. Then bang bang. Then more pop pop pop. Those pops came from a .22 semi-automatic, which Wayne was holding
*Crown: Kellestine took control, told everyone to get down, be quiet. (Show picture of Sandham's vantage point from loft).
* Chopper's lips are moving but no sound is coming out. Wayne starts going on about "where are the other fucking guns?" to the TO guys
* Crown: Wayne asks Taz: "Who the fuck shot first? Was it Chopper or was it you?" MH said Taz replied that it was Chopper who shot first
* Wayne starts patting people down, finds change, cellphones, knives, and puts them on the freezer. Gardiner, Aravena come into barn.
* Crown: Think about what was going on. (Picture of barn goes up). Wayne says "if Boxer moves, fucking shoot him." He's being confined.
* Crown: Boxer wasn't tied up. They had a better way to hold him where they wanted him to be. They had guns. Mushey held him at gunpoint
* Wayne says "You're done, by order of the USA. I'm here to the USA. There will be Nomads from the USA." There were no Nomads.
* Crash was complaining about being shot in the belly. Showed the guys a tiny hole, not a lot of blood. Paulie was complaining about leg
* Wayne tells Crash stop complaining, the reason he's hurt was because he'd almost run Wayne down on his way trying to run out of barn
* Crown: No one gave anyone medical assistance. Someone checked Chopper's pulse, said he was dead and Wayne said the Lord's prayer.
* What did the TO Bandidos see? Their property has been collected. Their means of escape (keys), their way to call (phones) taken away.
* Crown: Mr. Moon called this time in the barn an unseasy peace. Maybe it was quiet but it wasn't a peace. There were a lot of guns.
*Crown: Wayne Kellestine sings and dances a number of times. Wayne apologizes for butt-stroking Pony, gives him a ciggie and a blanket.
* Crown: Wayne abuses Flanz. He's sitting in middle, each time Wayne walks by him he slaps him in the head and calls him a fucking Jew.
*Crown: This evidence might help you (puts up picture of Nazi flag hanging in barn and swastika carved into Wayne's lawn in backyard).
* Crown: Two TO members have to wrap up Raposo in rug and carry him to car. They didn't want any of the farm team to put down their guns
* Crown: Wayne Kellestine knew it was very important to have a full complement of confiners at all times. Couldn't take any risks.
* Boxer stands up 3 or 4 times, tells Kellestine he wants to go first, "Do me like a man." Wayne says, "John, c'mon. We'll let you go."
* Boxer picks up cell phone It's Nina, his girlfriend. Nina calling to say she'd made a collage of the two of them with their baby
* Boxer asked about the baby, Nina said she was fine, Boxer said he loved her, would see her in a couple of hours. Never saw him again
* Crash went out next. Mushey and Wayne went out with him, came back without him. Crash had cried. Pony led out next with MH and Wayne
* Pony's half-in car, W shoots him in head, lifts up shirt & shoots him again in chest. Blackening on wound proves it was close range
* This is when Wayne complained about having to do "all the wet work." Wet work means killing. Paulie is let out next, with Taz & Wayne
* Paulie never came back. BamBam was taken out next. Earlier in the night, Wayne kicked him, slaps him, calls him a goof.
*Bammer comes up to MH, wants to shake his hand, MH refuses. Mushey does shake Bammer's hand and Bammer goes out with Wayne and Mushey
*All this time, Flanz and Mike Trotta are cleaning up blood in the barn, pushing brooms and wet blankets. Bammer doesn't come back
* Wayne tells Mikey to follow him. Mushey falls in behind. Rest of guys, all armed, guarded Flanz inside the barn. Mikey doesn't return
* Wayne brings in some crazy corrosive chemical that can't be inhaled, can only be used with gas mask.
* Mr. Flanz was indeed saved for last, just like Kellestine said he would. Wayne, Taz and Mushey, Mather, Aravena, MH go out with Flanz
* Crown: The executioners henchmen all go out with Wayne. There was no one left to confine.
* Crown puts up picture of backseat of car, with car seat, kids books, toy truck, Thomas the Tank Engine backpack filled with books
* That was the car Flanz was told to get into. Gun jams. Mushey shoots Flanz from between the passenger and driver front seat
* Crown: MH testimony: is it contrived or is it chillingly real. I submit to you that it's the latter. 23 shots were fired at those men
* Tony Bryant gets up: Your honour, my client has just passed me a note that he's not feeling well. (His client is Aravena).
* Crown was going to break in half an hour, but says no problem, we can take an early lunch. Back at 1:45 p.m.
* The jury is back in the #bdos trial. They're showing pictures of guns, rifles and shotguns. Aravena is apparently feeling better.
* The .22 Mossberg has the blood of Crash, Jessome, Sinopoli, Salerno, Flanz. Eight men were dead, but the mission wasn't over.
* Crown: After murders, there was a clean-up. Maybe not a very good one, but a clean up. It was the destruction of evidence at the farm
* Crown: Children clean up after crafts. These accused destroyed evidence in a synchronized and concerted effort. All of them.
*Crown: Walking the dead men to the vehicles and killing them there made the clean-up of the barn easier later on.
* Crown: Hatch was slammed so hard on the Infiniti FX35 that a part of the latch broke off and was later found by police.
*Crown: Acid jug, bleach were brought out to help clean up the barn. The acid jug was filled with Myriadic Acid (aka Hydrochloric Acid)
* Crown: As you can see, they did a pretty bad job of cleaning up the barn floor (puts up picture of red-stained floor of barn.
* Crown puts up picture of shelf, with rusty grenade, cassette tapes, Potty Mouth Jar on it. Some change from dead men were put into jar
* Crown: In the fire pit, police found burnt-up paper money, eyeglasses, cartridges, parts of boots, keys, parts of a sofa, etc.
* In fireplace, cops found pieces of a computer. Crown: Trotta's company laptop, cell phone never returned. No doubt what's going on
* Crown: Picture of big cache of guns found stuffed under microwave cabinet in Wayne's house (kitchen walls are pine, like a cabin)
* Crown: Head & Shoulders shampoo used to clean off gunshot residue on way home. Mushey and Sandham shaved to alter their appearance.
* Crown: The guys made up a cover story, to say they weren't at Wayne's when the killings took place. They talked about it on wiretaps
*Crown: Sandham knew knew about forensics, didn't want any trace found. Went to Chamois Car Wash (Look Good in a Clean Car)
*Crown: Just by chance, a Winnipeg gangs cop was there at that car wash and saw Sandham. Sandham had given a fake name to car wash.
* Crown: Sandham went to Selkirk Walmart to get rid of tires, was told his tires were good as new but he changed them and threw them out
* Crown: Why did he go to so much trouble to shampoo the car and throw out tires? Answer is simple: he was trying to destroy evidence
* Crown puts up slide: After the Fact Common Motive (or, how the Winnipeg guys furthered their ambitions in the Bandidos). Power, status
* Aravena got his colours and wore his patch with pride. Gardiner bumped up to probationary. Taz was president of new Winnipeg chapter
* Also, Wayne would work on London chapter, he was new National President, having disposed of the old president just hours before.
* So, Aravena, Gardiner and Mather earned their membership, Sandham, Mushey and MH got full patches, all got Winnipeg charter chapter
* Crown: Just because some of patches weren't new (like probationary one they gave Mather), it was the best they could do in short time
* Aravena was proud, he was bragging, he even got him mother to sew on the patch for him.
* Play tape of Aravena talking to woman about being "fuckin world wide" and saying "There's no way out for me unless I'm floating."
* May 26, Taz email to BMCJason in Australia: We are the only existing chapter right now. Basically, we are all Canada right now.
* Email to Prospect Bones from Sandham: It's awesome to see a new brother in the family. (Taz was granting probationary patches).
* Taz email to Bandido Pervert (el secretario): Carlito is not a member anymore. I will explain the reasons when I see you.
* Before killings, Taz signs emails as Prospect Taz. After killings he is signing Bandido Taz 1%er (ie. full patch, ie. promotion).
*Email to Bandido Pervert from Taz in May: From now on, Canada, will be run the TRUE BANDIDO WAY.
* Crown: Mushey and Aravena wore their colours with pride. The rewards of membership were worth the cost to the No Surrender Crew.
* Crown: The problem was that Taz was a former cop and Texas threw him out of the club. But Sandham would have none of it.
* Taz emails Texas: Bullshit! A Bandido fights for his patch. A Bandido doesn't let his patch hit the ground.True #bdos have each others backs
* Crown: Now you've heard the evidence, I have to tell you how it relates to the law. Good time for a break. Take 15.
* Crown: Raposo was never confined. His murder was planned and confined. Everyone else's murder was planned, deliberate and confined
* Crown: That's why everyone should be found guilty of 1st degree murder. Gardiner was only one who didn't confine anyone (was in house)
* Crown: Were they forcibly confined? There's only once conclusion. Each one, except Raposo, was confined
* Boxer never walked around. He knew he wasn't free. The No Surrender Crew were stripped of their weapons, car keys. They were confined!
* Crown: Was the No Surrender Crew staying at Wayne's just because they felt like staying in the barn? That's just not reasonable
*Crown: Many men had to get into cars with their dead friends beside them. Why would they do that? They wouldn't. They were confined
*Crown: There was a plan. The defence can say MH says there was no plan, but there was a plan. There was planning and deliberation.
*Crown: It doesn't matter who came up with the idea as long all the men aided and abetted the overall plan. Sometimes, plans are simple
* Crown: Defence says there was no signal. Indeed, what more signal do they need: a gun went off in middle of the night. That's a signal
* Crown: MH might have said there was no plan, but MH's view of the law does not matter and should not matter to anyone.
* Crown: MH said there was no plan to kill but there was a plan to "prepare for worst" & "kill one, kill them all." Shoot if they resist
* Crown: People are criminally accountable for their intentional behaviour whether they desire the outcome or not.
* Crown: Intention does not mean desire, desire does not mean intention. Don't confuse the two
* Crown: Regardless of what he desired, Aravena confined the men that night. He helped by holding the baseball bat and going along.
* Crown: That Aravena didn't want any killing doesn't matter. His actions actually helped the Winnipeg guys.
* Crown: MH is an important witness, but he's not the only evidence of a plan. Just like a brick doesn't make a wall, look at the whole.
* Crown: It's pretty clear there was a plan, just like Wayne told Cameron Acorn on the phone, and he was going to do something about it
* Crown: If this wasn't a plan, it was amazing luck. Nobody's that lucky. There had to be a plan.
* Crown: Why bring a bulletproof vest? Why use a false name in a hotel on the way to Ontario? It has planned ambush written all over it
* Crown: When hunting, they wanted to preserve ammo because they 'didn't have enough.' Enough for what?! Women and kids were sent away
*Crown: If this was a show of force and nothing more, then they wouldn't need working guns, a sawed-off shotgun, a bulletproof vest.
* Crown says jury must look at big picture: there was plan, there was confinement. No one needed to ask questions, they knew what to do
* Crown: Chopper, Crash and BamBam were all founding members of the Bandidos. Sandham, Mushey and the rest were newer to the Bandidos
* Crown: Violent resistance to a bunch of wannabes wanting to kick you out of the club you started was very possible and they knew it
* That's all folks. Over and out. Will keep you posted about tomorrow.
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Thank you Jane Sims for this lengthy tweet from the courtroom.....
* Friday, October 23 2009
* kate is off today. It should be a shorter day. I will tweet at the end of the day... So have another cup of coffee. Will update.
* Turned out to be a looooong day. I am writing the story for the paper and will work later to give you hungry birds some tweets.
* Better late than never... here's some of the highlight of a long day of Crown closing....
* Crown Kevin Gowdey begins promising the jury he is in the home stretch. He is going to later deal with each accused separately.
*But first, more about M.H. The defence says M.H. can't be believed but Gowdey said there is lots to show he is telling the truth.
* For the next 10 minutes, Gowdey goes through almost five dozen different areas where M.H. 's evidence is corroborated.
* M.H. understood the political structure of the Winnipeg Bandidos with Sandham as president and Mushey as sec. treas.
* M.H. knew about the the struggles between Toronto and Winnipeg and Kellestine supported Winnipeg. The phone records supported this.
* To get charter, Winnipeg needed Toronto's approval, M.H. said. Supported in club bylaws.
* After the killings, Winnipeg received full chapter status, M.H. said.
* Kellestine was not happy with Toronto and had not been invited to functions, M.H. said.
* M.H. said Sandham had been contact in with Texas. The emails back that up.
* M.H. said there was tension between Toronto and Winnipeg over dues. Emails between Raposo and Sandham confirm this.
* M.H. said there had been a meeting at the Peace Arch Park. That was confirmed in many ways, Gowdey said.
* M.H. said he knew a guy named Mongo was there. Cons. Pulfrey, biker expert confirmed there is someone called Mongo in the Bandidos.
* M.H. said Gardiner was prospecting. That's confirmed by the surveillance tape from Polo Park Mall and his coded phone book.
* M.H. said the trip to Ontario was unplanned. That's confirmed by Sandham and Aravena.
* M.H. said there were orders from the States, confirmed by Sandham phone records.
* M.H. said Aravena flew into London. That was confirmed by the surveillance video from the London airport.
* M.H. said they retrieved more ammunition once at the farm. Aravena testified they wouldn't use it on the hunting trip to save it.
* M.H. said Hawaiian Ken figured in the the plans. Pulfrey confirmed there is an American Bandido named Hawaiian Ken.
* M.H. said a CB radio was set up in the barn to communicate with the house. The police found the CB radio in the barn on the freezer.
* M.H. said a gun barrel was sawed-off. Police found the sawed-off barrel in the Kellestine shed.
* M.H. said an old gun was cleaned with a wire brush. Police found an old gun with marks indicating it was cleaned with a wire brush.
* M.H. said Sandham showed them a "butt-stroking" technique with a gun. It was confirmed he would have been taught it in basic training.
* M.H. said he was outside behind the barn and could see inside through a hole and could sit on a stump. All were there.
* M.H. described what all the guns looked like. Police found guns that matched his descriptions.
* M.H. said Chopper was shot in the chest and rolled in a carpet. True.about 4 hours ago from web
* M.H. said Jamie Flanz had to carry Raposo's body out of the barn. Raposo's blood was found on Flanz's foot.
* M.H. said Aravena had a baseball bat in the barn. Aravena confirmed that detail.
* M.H. said Crash was shot in the belly. That was confirmed at autopsy.
* M.H. said Salerno was shot in the leg. That was confirmed at sutopsy and Salerno's bloody footprint was found in the barn.
* M.H. said Boxer answered a phone call from his spouse Nina Lee. That was confirmed.
* M.H. said Michael Trotta had a welt on his face. That was confirmed in autopsy.
* M.H. said Boxer asked "Do me first." Aravena confirmed the comment in testimony.
* M.H. said Crash wept and cried. Aravena confirmed.
* M.H. said Pony was shot in the head and abdomen. That was confirmed in autopsy.
* M.H. said Kellestine went out with everyone carrying a .22 with a green strap. Confirmed several times.
* M.H. said he had the black shotgun. Pony's blood was found on the gun.
* M.H. said Kellestine called Flanz a "(expletive) Jew" Gowdey showed photos of a Nazi flag and a swastika cut out of the grass.
* M.H. said Gardiner moved boxes out of the trunk of the Grand Prix. Boxes found in backseat of car.
* M.H. said Flanz spoke about his kids before his death. Confirmed in body pack recordings.
* M.H. said cell phones taken. Burned cell phones found in the fire pit.
* M.H. said Raposo blood spilled in barn. Blood found by investigators.
* M.H.said Mushey went out with some deceased. Mushey confirm in body pack he shot three.
* M.H. said the men were marched out and shot in cars. Bodies found in cars.
* M.H. described the route taken to drop off bodies. Confirmed by independent witnesses who saw the convoy
* M.H. said Mushey tossed out the Grand Prix keys on 401. Keys found at side of 401.
* M.H. said they put gloves on and wiped down the guns. Confirmed by others.
* M.H. said there was money in a clip no one wanted because it was in a bloody. Burned money in a clip found in fire pit.
* M.H. said Kellestine took Crash's Harley Davidson hat. Hat found in the house with DNA from Mather and Kriarakis.
* M.H. said there was a knife taken. Knife found in the farm house.
* M.H. said Mather was living in Kellestine's basement. Mather's peronsal papers found in a duffle bag in the basement.
* M.H. said victims' change was put in Potty Mouth jar. Potty Mouth jar found.
* M.H. said the Winnipeg crew stop at Barrie Walmart. Confirmed by surveillance tape.
* M.H. described the place where they stopped for a shower and led police there.
* M.H. said Sandham and Mushey shaved off facial hair. Confirmed by officer who saw clean-shaven Sandham at car cleaning place.
* M.H. said he went out with Pony but never shot anyone.
* M.H. said evidence burned in firepit. Evidence of sofa springs and personal effects in fire pit.
* M.H. said Sandham travelled to Texas. Border guard confirms and the confirmation from Mushey "little buddy is away."
* "we can do that for a very long time," Gowdey said. "Confirmatory evidence is everywhere you look."
* M.H. gave a four-an-a-half hour videotaped statement admitting his involvement and did not sever ties with police for two months despite being told repeatedly there may be no deal and to expect to go to jail.
* M.H. admitted his involvement in eight murders yet defence says not credible because he was a drug dealer.
* "he is not minimizin his involvement here," Gowdey said. M.H. could have said he stayed in the house or didn't hold a gun.
* Said he had a loaded gun, wore gloves, went out with a victim, put him in the truck, kept guard.
* "He put himself right in the middle of everything," Gowdey said. M.H. also said he dealt a lot of drugs.
* M.H. could have said Gardiner held a gun or been positive Mather went out with Boxer. He didn't.
* He admitted he was involved — a contrast to Sandham and Aravena.
* If M.H. concocted the story, why did he wear a recording device. He also gave his DNA to police.
* He did everything he could to allow complete scrutiny by the police — Gowdey.
* M.H. was reliving the story while testifying and Gowdey said he was crying appeared genuine.
* He helped police collect evidence, not destroy it.
* "You may not like him because of his immunity agreement =. I'd be shocked if anyone in the room liked him."
* This case is not all about him but to the extent it is, he's credible, he's reliable." — Gowdey.
* Gowdey proceeded to go through the role of every accused.
* starting with Michael Sandham."he wanted to be a 1%er more than anything in the world."
* He had made sacrifices and the patch was in sight. But Toronto didn't support expansion and there were conflicts over dues.
* Then the unthinkable. The U.S. said Canada was finished.
* HIs 1%er status was in danger. He pursued the patch at all costs.
* there were things he confirmed in his testimony —the tension between TO and Winnipeg and how they couldnt be a chapter without TO approval.
* And he confirmed Kellestine was an ally. He knew of the order to shut down Canada and that meant to shut down Winnipeg.
* get meeting in White Rock BC going to meet American officers: American Dave, Hawaiian Ken, Brian D and Mongo.
* March 25/06 told to go to Ontario to kill Boxer and Bammer. He picked up his crew and bullet proof vest and went to farm.
* They discuss killing and he admitted there were guns out. He took 303 to the loft.
* He admitted killing Chopper and admitted to being in the barn for the killings.
* Admitted having a role with Flanz and assisting Mushey by closing the car window. "This is an admission he's guilty of murder," of JF
* "we say he went up in the loft to kill the Toronto members," Gowdey said. Boxer was not going to give up patch easily.
* Knew resistance was guaranteed. He knew they wouldn't give chapter charter.
* back to Sandham... "Did it seem he expected the trip to go smoothly?" Gowdey asked. He was preparing for the worst.
* Sandham met El Presidente Jeff Pike and Bandido Pervert in Houston... he lies to the police.
* Gowdey said Sandham's testimony put a spin on everything. He "threw out tales" about he he got caught up in the events.
* Spin #1 The Secret Agent Spin. Sandham said he wanted to be a secret police agent but noting in that regard.
* Despite having all kinds of information about the Bandidos he never told the police. He never discussed killing the No Surrender Crew.
* He was the witness to the murders of seven Bandido brothers, Gowdey said, but did nothing.
* He didn't offer any information to the police at the time of his arrest only screamed and ranted he wasn't at the farm.
* Said he wasn't even a Bandido at arrest three days after sending an email that he would never step aside. "Totally incredible."
* Gowdey called it "A feeble attempt to deflect evidence of motive."
* Spin #2 "Not a real motorcycle club" Sandham said they were not a real chapter and he wasn't a real president. But look at the emails.
* Spin #3 "Others told me what to say." Sandham said Kellestine and others told him what to say in emails.
* Spin #4 "I am a peacemaker." Said he went to Peace Arch Park to broker a peace
* Said he went to Peace Arch Park to broker a peaceful resolution. But no Toronto Bandidos were even invited.
* Sandham testified he saw discussions about killing, talked to American Bandidos on the phone.
* He heard discussion about shooting Boxer on the balcony and rejected plan to cut up the bodies.
* He testified he tried to talk to people, but he never called the police or warned the victims or abandoned his Bandido membership.
* Sandham was the one who called Brian D and Hawaiian Ken.
* He put on gloves and a bullet-proof vest, took part in ruse to lure TO Bandidos to the farm and hid in the loft armed.
* "you had opportunity to hear his words," Gowdey said. Compare them to his actions.
* The truth is he had a powerful ambition to be a 1%er. Tried first with the Outlaws. No concern about police career or family.
* He joins the Bandidos, then starts chapter in Winnipeg but under control of Toronto.
* He worked hard for a full chapter in Winnipeg - recruiting, establishing a support club, collecting dues, attending functions.
* But no charter. There's tensions. Kellestine recognizes his hard work. Becomes an ally.
* Still can't get his full patch. All hopes shattered in Dec. 2005 by the head officers in the US.
* Sandham and Kellestine bypass Toronto to deal directly with the States,. Sandham has Kellestine attend BC meeting.
* His emails back to Mushey are enthusiastic. The meeting happens. Order: Eliminate the mutinous Boxer and Bammer.
* There would be decisions after that was dealt with..... Then no action. Orders repeated to Sandham. Goes to Ontario.
* It would be a difficult task. Kill one kill them all. Prepare for the worst.
* Sandham provides gloves and puts on his vest. Choses 303 and single shot shotgun. The trap is set, communications are set up.
* The ex-mililtary man and ex-cop choses a place of cover for tactical advantage. The he waits for them.
* The No Surrender Crew show up, Chopper produces a gun and says he is going to put a hole in Taz. Resistance is predicted.
* Kellestine starts the shooting. The plan is activated. There is no reason for Sandham to rise to his feet and fire.
* He is willing and involved in killing of Chopper. Chambers a second round. Spent casing found in the loft.
* Makes no attempt to help Chopper. This is no accident, no self defence, Gowdey said. The rest are to die.
* sandham meets with Kellestine and Mushey outside. No Surrender Crew quick to realize they are doomed
* TO chapter president Salerno gives final order to his crew. 'We're not the boy scouts. Take it like a man.' They had no chance.
* The No Surrender Crew were eradicated. Sandham did not call the police. He destroyed evidence and covered his tracks.
* Destroyed evidence at the crime scene and had his truck shampooed the mornign after his return to Winnipeg.
* Got rid of the tires. Said he did it on purpose so police would fine them Gowdey said the story is "an insult to our intelligence."
* More pursuit of the patch after the shootings. Signed emails as a 1%er, anounced he was president, bumped Bones up.
* Announced in email Canada would be run the TRUE BANDIDO WAY. Traveled to Texas.
* Said he went to Texas to collect evidence to make sure the order came from Pike. No, Gowdey said. He's there for a chapter.
* Meets Mushey and M.H. after on June 12/06. first time they had spoke since Texas trip. Tells them "the big guy" gave them a chapter.
* Manitoba was in tact and Sandham had what he so desperately wanted since 2002 when he walked away from conventional lifestyle.
* He was president of the chapter. He had to kill for it but he did.
* He was arrested four days later. Thought he could talk his way out. Repeated he wasn't even at the farm.
* Before preliminary hearing, he thinks he can talk his way out. Dec/06 Says M.H. shot Chopper and Paulie with shot gun.
* Says his gun went off by accident. His explanation doesn't work.
* Trial starts. He thought he could talk his way out of it. Said he wanted to be a police agent, shooting accidental. Did nothing.
* He didn't go to the police to protect his family. Went to Texas to gather evidence. A ruse for Mushey and M.H.
* "It's a pack of lies, a collection of talks that defy common sense," Gowdey said.
* Gowdey moved on to Frank Mather. His lawyer said he was just a boarder at Kellestine's - wrong place, wrong time.
* Mather said the same thing in phone intercepts. Jury hears phone call form jail. "Everybody's at the wrong place at the wrong time.
* Gowdey said Mather was a guy they could be trust. "He was at the right place at the right time to advance his Bandido ambitions."
* Mather heard plans. Was part of a rejected plan to go to TO with Kellestine to church and announce TO done. Winnipeg wait outside.
* He was there when the guns came out. He helped wipe them down. He didn't leave. There for "worst case scenario" comment.
* He was there when his girlfriend was sent away. Still didn't leave. Kellestine used his cell phone to call Sinopoli and set trap.
* Mather knew Toronto was coming. He didn't know who but he still didn't leave.
* When TO arrives, he stays in the house with the police scanner. He obeys his orders. He doesn't leave.
* Mather went running to the barn when he heard the shots. He helped confine the Toronto chapter. He did what he needed to control them.
* "He was a good soldier doing what he was told," Gowdey said.
* He searched the cars and retrieved identification and car registrations. After Boxer led out he continues as "one of the henchmen."
* He found another gun in a duffle bag. Police later found sawed-off lever-action shotgun.
* He was there when Kellestine told Sinopoli he had to shoot him when he tried to run away.
* He was there for Boxer's comments He saw vilence inflicted on Salerno, Flanz and Trotta. Mather remained "a loyal soldier."
* He left the barn after Flanz, the last one, was led out, preventing anyone from leaving before they were led out and shot.
* Instrumental in getting rid of the bodies. Told Kellestine the Flanz SUV almost out of gas.
* Kellestine gave Mather and Gardiner a gas can. Told not to use all of is. Mather and Gardiner work at getting rear hatch shut.
* Mather used his foot to push Sinopoli's body in the hatch. He was an important member of the team.
* He wiped down guns after, helped clean the barn, at Kellestine's when police seen people looking around the cars.
* Even if he wasn't around much when the Winnipeg crew was there, "he was there that night and he was very much included in what happened."
* Mather was a willing participant and was rewarded that morning. He was made a probationary Bandido.
* "Love, loyalty and respect." He had a probationary patch and vest in bag for his respect and loyalty.
* "What about the love?" Gowdey asked. "Imagine you move into a house where the host executes 8 of the guests."
* And you're in jail on charges of eight counts of first degree murder. "Wouldn't you be furious?" Gowdey asked.
* Plays Mather phone call to friend from jail on May 1/06. "Tell Wayne I love him.... Tell him Happy Birthday too."
* Another call. "Nobody done (expletive) all anyway." Comment a week after the shootings.
* May 7/06 "They're not going to find nothing.".... Gowdey asks: "Is this how an unwilling victim reacts?"
* During a call to his dad, Mather asks he put money in Mushey and Aravena's canteen in jail.
* What could that bond be? Mushey told M.H. in Winnipeg "After this (eight fingers held up) we're all united."
* Mather was one of Wayne's boys and part of "a team in every sense of the word."
* He never tried to run. He was a guard, escorter and searcher. "He was an aider and abettor to the cause that night."
* He knowingly took part in the killings. "The team stood together that night.' Made a real contribution. A good soldier.
* Gowdey moved on to Marcelo Aravena, the mixed martial arts fighter who testified he had no idea there would be killing.
* Gowdey said that not true. He knew of plan if resistance from Toronto. Knew if one killed, all killed.
* he never shot anyone but put on gloves, showed he was a team player. Got guns ready by wiping them down.
* He was aiding the cause, not simply watching TV.
* He helped confine the deceased at gunpoint. "he set out to impress the farm team and it worked," Gowdey said.
* If he had been defiant, he would be dead. He was not defiant and embraced his new life fully.
* If this was so horrific, would he have run away or played along. "This man was proud."
* He participated in events that were unlawful or unreasonably dangerous. If he didn't know it's manslaughter.
* Aravena said he was scared. but the judge will tell the jury duress cannot be used as a defence.
* Aravena says Kellestine selected him to go out with Boxer. He a newbie to Kellestine. M.H. thought Mather or another Winnipeger.
* But assume Aravena was the first helper. He said he was threatened by Kellestine right after Boxer shot when they were alone outside.
* Crown suggests there was no threat. Then why say he went out with Boxer at all. He was attempting to advance duress defence.
* Aravena says threat is early in the night.Sandham and M.H. said Aravena was never threatened. Aravena needs circumstances for threat.
* No one else hear the threat. Crown says this an unsuccessful attempt to launch a defence of duress.
* And duress is not available anyway.
* Aravena could have run, but didn't. He could have overpowered Kellestine, but didn't. He didn't call the police.
* Aravena didn't run because he wanted to impress. The threat does not provide a defence.
* He claims he went to Kellestine's farm to be a Bandido. He did grunt work. He followed orders.
* He hear a message on Mushey's answering machine before left Winnipeg from Boxer who said Mushey membership in trouble.
* Said he didn't talk about it with Mushey. Crown says not true.
* Said he went on the Bandidos web site just to play games. said he didn't know TO Bandidos. Crown says not credible.
* Heard Kellestine talk of salvaging guys. Saw guns. Said Kellestine so concerned for his safety he take guns outside after dark.
* Says only Gardiner cleaned the shotgun shells, not him.
* Said they didn't use ammo in hunting trip. "They wanted to preserve the ammo, they said they didn't have enough."
* He said he knew Winnipeg was having trouble with Toronto but didn't know details. He knew it needed to be fixed.
* Saw women and children sent away. Saw additional guns come out. He said he was watching TV while others worked on the guns.
* Saw Mushey saw off the barrel. Put on gloves. Didn't know why. Asked Mushey. Trouble with TO. None of your concern.
* Aravena didn't leave . Knew about the CB Radio to barn. Still didn't leave.
* Supposed to say he was from the reserve. Said he was there to impress the bosses. "We say to impress the farm team."
* He helped change Manitoba license plates- didn't ask why. Told to watch for cars - said he really didn't do anything.
* Told to stay in the farm house and let cars in gate. He was there to meet the bosses from Ontario but never tries to speak to them.
* Never introduced himself. Never looked at them. Why if he was trying to impress.
* Instead he lay low "so not to tip them off to the impending ambush." said Gowdey.
* Arvena in barn to hear Boxer call from wife, was told to lie, saw guns and CB radio, knew TO a problem, knew ammo saved.
* Saw Mushey cut gun, heard Kellestine he wanted to salvage three, used cold barn for meeting instead of warm house.
* His evidence was he didn't know the violence was planned. "Unbelievable," Gowdey said.
* Said Kellestine didn't say prepare for the worst or kill one, kill them all. If he did, then clearly he knew.
* His evidence is close to M.H. He described the forcible confinement. but He said he thought they would be tied up and driven home.
* Actions speak louder than words. The were confined to be killed sid Gowdey.
* Aravena said he was curious when he heard the initial gun fire. Said he never saw a dead body before. Ran to barn with Mather.
* Aravena clear about which team he was on. Couldn't see body in barn. Had a baseball bat. Said it was for self defence.
* Nonsense, says Crown. It was also for intimidation of the No Surrender Crew.
* Aravena helped confine the guys . None were free to do anything without gunmen. Aravena confirmed nothing peaceful about the night.
* The confinement and the death march to the cars are all one act. There was never any threats to the farm team from anyone.
* No act of reassurance would calm the NO Surrender Crew. Flanz was treated worse than the others. There was no uneasy peace.
* Aravena knew of the meetings outside between Kellestine, Mushey and Sandham. He knew the cars were moved on the property.
* Aravena helped ditch the cars, burned his clothing, and left with others for Winnipeg. There he wore his biker colours with pride.
* Aravena played along with Kellestine about "Nomads on the roof." Crown said that is helpin.
* At the end of his testimony, Aravena said he was incapable of lying. "We say he is lying about lying," said the Crown.
* Crown said Aravena testimony had slip-ups. When askee about watching for cars and opening and closing the gate......
* Aravena gave an answer then asked his lawyer Tony Bryant "did I get that right?"
* Crown says Aravena not being totally open with the jury. Could remember some fine deatils but not who went out with which victim.
* Aravena said Kellestine went out with everyone, but then his recollection failed, only that another farm team member went out.
* "It's implausible he didn't recall," Gowdey said. Too convenient to just implicate Kellestine.
* Aravena made obvious efforts to protect Mushey. He wouldn't say Mushey had a gun. Took pains to say nice things about him.
* Good with his kids, let him live, good cook, trust with his life. Mushey was Aravena's mentor.
* Aravena said he made a pact with Mushey to look out for each other.
* Crown said Kellestine lawyer McMillan right. Aravena out to protect guys he liked. Not surprising, Mushey lawyer say he credible.
* Crown said it is implausible
* Aravena said scared he as going todie. Croen asks why would any farm team member die.... they had the guns.
* If Aravena was in mortal danger, why did he run to the barn or search the cars??
* Aravena said he didn't hear shots while in the barn. Crown said he was clearly in a position to hear them. Infer he heard the shots.
* Aravena saw the men led to the cars and said he believed they would be restrained and driven home. No rope or shackles found.
* He said Wayne had one set of shackles. What good were they to restrain eight men?
* Aravena said he walked out with Boxer. Kellestine was in front, then Boxe, then Aravena. Aravena claimed only to have a flashlight.
* IN the barn, even though Chopper was dead on the floor, Aravena said he thought no one else would die that night.
* Even afer he said he saw Kellestine shoot Boxer in the head, Aravena said he still thought everyone would be okay.
* He saw Pony in the truck, Boxer in the VW Golf. Still thought Crash would be taken to the hospital. Not plausible.
* Said he thought he was going to be shot. Defied Kellestine and walked away. Then later helped dispose of the bodies and clean up.
* He was promoted to probationary Bandido. He was excited. Crown says he wouldn't be promoted if there was outright defiance.
* Crown said Aravena is not attempting to be truthful. He took advice of cousin: do what you have to to get out of court.
* Aravena's lawyer argued he has a defence in Flanz death because he had "abandoned the cause." BUt he went back out before Flanz shot.
* Told by Kellestine to clean up the barn, he cound a tooth,l then helped drive bodies away, burn clothing, got a promotion.
* His only regret was he didn't get a nicer vest. "you get what you pay for," he said.
* Aravena was a soldier that night, Crown said. He knew of the plan and played a role in it*
* Next up Brett Gardiner. At first defence focused on HAs, drug trafficking and a mysterious figur on Stafford Line. What is the defence?
* Gardiner told girlfriend in phone call in May, 2006 the only people at the farm were who was arrested.
* He told girlfriend's mother Heather McDowell "We were drunk for two days watching pay-per-view."
* Gardiner said it was a big frame. Unsupported by the evidence*
* The defence closing was Gardiner knew nothing, hid nothing, say nothing, did nothing. Said he was only polishing weapons.
* Crown asks jury to apply common sense.
* Gardiner had strong Bandidos Ambitions. He left Saskatchewan and other BAndidos to move in with Mushey in Winnipeg.
* Mushey was his sponsor. He was seen at Polo Park Mall walking behind Mushey. He was told to fold Mushey's vest and put in car.
* He was told to write down a police officer's badge number when they were pulled over.
* On March 25/06 he was an eager prospect. He packed his bag to pull patches of nat. president, secretary treasurer and NSC president.
* It would be an enormous task but he asked no questions. He willingly booked a hotel room with a false address.
* He is seen on video at Kellestine's farm laughing with the others in teh days leading up to the shootings.
* He heard "be prepared for the worst" and "kill one, kill them all" . He sent love poem email signed Prospect Bandido Bull Manitoba.
* He helped prepare guns and ammunition. He was given the distinct role to listen for the police on the scanner from house.
* Told to lie and say he was from the reserve. Asked no questions. Even though he didn't pick up gun his role is important.
* He left post to go to the barn and would have passed Boxer being escorted by gunpoint.
* Once inside barn he heard the shots and thought Kellestine needed help. He was ordered by Mushey back to the house. Important job.
* In the house he was near where the shootings took place. There was no significant background noise.
* Gardiner did not leave and didn't use the phone. "The most powerful weapon available that night to save lives wasn't used.
* Took items out of Grand Prix trunk and in back seat. HIs foot print found incar. Original plan may have been to put Flanz there.
* Actively a part of destroying evidence. Helped ispose bodies. Willing to stay behind with Kellestine after others left for Winnipeg.
* Gardiner said in phone call Mushey told him there was a full patch waiting for him.
* Told Heather McDowell to tell Mushey's sister that "(M.H.) (expletive) up."
* He didn't say M.H. part of frame up or that he wasn't at the farm, or M.H. lying.
* He saying M.H. breaking the biker code and telling the truth, Crown said. And he was using a recording device And he would testify.
* Dwight Mushey next. His goal was to be a full patch member. Got full patch after the events at the farm.
* Mushey was second in command in WInnipeg. He'd been to Toronto. He was frustrated by Sandham's lack of progress.
* Keen to be a Bandido. He was buying a Harley-Davidson. "The man makes the patch, not the patch make the man." .
* Oversaw the puppet club Los Monteneros. Came up with new patch design. Actively recruiting people. Knew about Peace Arch meeting.
* Wanted a charter.. "Mr. Mushey was one eager Bandido." Crown said. * Significant depth of understanding from the start. "The enormity of what weas being suggested was not lost on Dwight Mushey,." :Crown
* Mushey asked Sandham if they needed guns before leaving for Ontario. Knew Carlito and Stone in Winnipeg.
* Part of inside circle. Part of discussions outside the barn. Went out with four deceased. M.H. saw him kill Flanz.
* Told Kellestine the Winnpeg crew was "with him." Mushey is a central character.
* Had some legal insight. Mushey kew act of guarding the same as committing murder in comments made later to M.H.
* Mushey should be convicted of all counts, Crown said. Shot three, helped guard in the barn.
*Aravean flatly refused to implicate Mushey, but let things slip. Saw Mushey saw off shotgun. Heard him want H&S for gunshot residue.
* Odd thing to be concerned about if you haven't shot anyone, Crown said.
* Sandham wanted to implicate Mushey. Said Mushey had "goosebumps" when talking about the plan.
* Sandham wouldn't implicate himself but when it doesn't concern him, it should be examined, Gowdey said.
* Mushey's defence is abandonment, that he abandoned the plan. Crown said that is "far-fetched."
* Gowdey told jury to listen to the body pack intercepts made by M.H. of conversations with Mushey.
* Mushey defence lawyer said Mushey defied Kellestine order by not shooting Boxer if he moved and by shaking Salerno's hand.
* Crown said reject that. Mushey walked out with Salerno after shaking hands and Salerno shot with two different guns.
* "It sure didn't look like he quit anything," said the Crown. Mushey also helped with Flanz, dumped bodies, destroy evidence.
* When it came to dumping bodies it appears he had "jumped back on teh bandwagon." He never put down his gun or try to leave.
* Crown questioned defence forensic theory of Flanz death.
* Mushey's sawed off shotgun was never found, but a barrel was found in the garage
* Despite several versions, it's clear Mushey shot Flanz: Crown.
* Encourages the jury to listen to the body packs. and the hand signals.
* Points out three passages in particular. M.H. had misled Mushey into believing Sandham was taking claim for three deaths.
* Mushey thought Sandham was bragging and "came to my number." Crown said he is admitting to killing three men.
* Talking about Kellestine and "You have to have a lot of respect for this guy. Called him "Dub". Crown asks why respect Dub.
* Gave grisly details about how people acted outside the barn.
* Crown reminds jury M.H. made notes right after the conversations for the police and used the notes in court.
* If he wrote a lie in the notes, his immunity would be lost. HIs notes support his evidence.
* Dr. Rose said Raposo not killed by shotgun blast. Backed up by gun expert Arendse.Admitted to by Sandham.
* Moon tried to say M.H. killed Jessome. M.H. denied it. Forensics show Jessome died from Kellestine .22. His blood on barrel.
* Moon said M.H. sang "the company line" for the Crown. But M.H. gave 4 1/2 hour statement to police on April 16/06.
* He didn't know what police knew. Told them what he knew. NO company line possible.
* Whatever M.H. said led to the search for evidence. Loader, experienced agent handler, was with M.H.
* M.H. was largely unshaken on cross-examination after full out attack on him by the defence.
* Convincing jury M.H. is a liar is Mushey's only chance. "Don't like (M.H.), don't feel sorry for him, but believe him," Crown says.
* Now for Kellestine. Crown said if the others were soldiers, he was the general.
* He wasn't surprised when the Winnipeg boys showed up on the doorstep, he invited them in.
* He was one of the prime movers of the plan and had many attributes of a general
* He gave out orders, knew the politics, knew there would be resistance, understood tactical advantage of ambush.
* He understood the advantage of fighting a battle on familiar ground. He knew to establish communications with headquarters.
* He had well-equipped soldiers and they all shared a common motive. He was not under the thumb of Winnipeg. Wants results, not excuses.
* He did everything he could to get Toronto to the farm. Crown says to look at his knowledge in the context of what he did.
* Crown highlighted some points. And Aravena could be seen snoozing in the prisoner's box..
* Kellestine knew Winnpeg wanted a chapter.He had been alienated by the club. He knew the US had ordered the patches be pulled.
* He knew Boxer wouldn't easily give up his patch. Kill one, kill them all, he said. If only one killed, all would seek revenge.
* "No accused did more than Wayne Kellestine," the Crown said. The planning, shooting, clean up and cover up.
* He welcomed the WInnipeg Bandidos. He could have said no. He could have said he didn't have any guns.
* Scanner, CB Radio padlock on gate, guns - he had them. He retrieved additional ammunition.
* He got the victims to the farm by lying. Combined his knowledge with action.
* Put guns in firing condition with Sandham. Only working guns came into play
* Guns were loaded for 'worst case', loaded and ready to kill.
*Kellestine passed out the assignments and all accepted. He greeted the No Surrender Crew like brothers. Winnipeg waiting with guns.
* Kellesitne shot first. It began the systematic and synchronized killing.
* Insight into Kellestine world. IN an email he wrote This is a motorcycle club not Fucken Girl Guides."
* On a cover sheet over a newspaper article about the shootings found in his house were these words.
* " Who LIves WIthout Discipline Dies Without Honour" Kellestine believed the TO chapter lived without discipline.
* In the 1%er world they died without honour.
* Driving force behind the clean up. It was unsucessful Left abrown acid marks on floor. Not enough gas in the INfiniti.
* Goes with a cover story he was partying for days. Tells friends and the media same thing.
* Told Chopper's girlfriend. "I got fucked up and I fucked up."
* Told his wife on the phone it is a frame job and he loved the dead men "with all my heart and soul."
* He tried to put in the save for Mather saying he was in wrong place, wrong time, even though Mather was living there.
* He told his wife from jail "I fucked up bad didn't I? I got us all in trouble, didn't I?"
* Crown said he is gulty of all counts.
* Gowdey said the pursuit of the patch for all of them was a blinding ambition. The patch was more than a piece of embroidered cloth.
* They wanted a symbol that they were different. They wanted to build numbers and strength.
* They followed the patch with religious dedication, Crown said.
* Gowdey held up a full set of Bandido colours.
* Before April 8, 2006, the No Surrender Crew stood in their way. They wanted to keep their patches.
* There is an extremely large volume of evidence, the Crown said.
* "On a cold night in April 2006, these men (points to the photos) were executed by these men (points to the prisoner's box)."
* "all so they could get this on their back." Gowdey held up the patch.
* "There was a plan
* "There was a plan," he said. Shooters, guards, helpers, look-outs. The men were led out one by one and shot dead. First degree murder.
* Gowdey was finished. Justice Heeney says his charge will start Monday and last at least two days.
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Wednesday 28 2009
* The jury is sequestered and all there's left to do is wait for their verdicts.
* Now that the #bdos jury is sequestered, we can report some never-before released information the jury didn't hear. Story will be up shortly.
* There was a lot going on behind-the-scenes without the jury present. Threatening hand gestures, lawyers being fired, beatings in jail
* Aravena sat with other accused but was later moved to own compartment. Was put into protective custody after beating in his jail range
* In January, Wayne Kellestine was beaten up in the showers, and was also put into protective custody.
* At one point Kellestine complained to his lawyer that Mushey held up paper against prisoners box partition. It said: You're a dead man
* Kellestine said Mushey ate the piece of paper before anyone could catch him holding up the threatening note.
* Mushey at one point made a hand gesture that looked like someone (or something) talking and said "rat rat rat rat" to Kellestine
* During MH's testimony, the jury was sent out because Aravena was seen making a shooting gun gesture with his hand from prisoners box.
* The judge told Aravena to stop making the gesture or he'd be ejected from the courtroom.
* The day after Mushey & Gardiner's lawyers gave their closing arguments, the two fired their lawyers without the jury knowing about it
* Both sited "personal reasons" although speculation around courtroom was it was because they were trying to save face with other bikers
* Both lawyers Hicks & Moon really went after Kellestine in their closing addresses, calling him a psychotic monster
* That's it for the #bdos tweets for now
* tidbit the jury didn't hear/know about: Gardiner read several books a week, supplied by his lawyers.
* And at one point during the trial, a woman was expelled from the courtroom for trying to pass Gardiner a romance novel.
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Thursday, Oct 29, 2009
* Newsroom plan action for Bandidos verdict in effect. Officially starting hour two of first 12-hour day.
* We will be tweeting the verdicts, live-streaming them online, and of course giving you in-depth coverage in the next day's paper.
* For those wondering about #bdos deliberations: Jury sits from 9 til 9, incl. weekends, until they reach verdict. Breaks for lunch & dinner.
* RUSHING TO COURTHOUSE. JUST GOT WORD THAT BANDIDOS JURY IS BACK
* Waiting outside the courtroom. Been told it'll be another 20 minutes before they even start moving people into the courtroom.
* Courtroom all abuzz. Courthouse staff all here waiting for doors to open. Apparently tons of media outside courthouse.
* Minor panic outside of overflow courtroom. Rumour that tv and sound weren't working. Rumour has since been disspelled.
* Here we go. The jury is being brought in. Overflow courtroom packed with court staff, reporters, cops.
* Jurors taking roll call. #bdos All the jurors are present.
* Sandham guilty of first degree murder on Counts 1, 2, 3, 4, 5, 6, 7, 8
* The court clerk now re-reading the eight first-degree guilty verdicts for Sandham.
* Frank Mather: Guilty of manslaughter for count 1.
* Mather guilty of first degree murder on count 2, 3, 4, 5, 6, 7, 8.
* Marcelo Aravena: Count 1: guilty of manslaughter.
* Aravena: Guilty of first degree murder on Counts 2, 3, 4, 5, 6, 7, 8
* After each accused's verdicts are delivered, the clerk asks jury "So say you all?" and they all say in unison "Yes"
* Brett Gardiner: Count 1, manslaughter.
* Gardiner: Count 2 manslaughter. Counts 3, 4, 5, 6, ,7, 8
* Dwight Mushey: Count 1 first degree murder.
* Mushey: Guilty of first degree murder on counts 2, 3, 4, 5, 6, 7, 8
* Gardiner got two manslaughters and six first-degree murder guilty verdicts
* Wayne Kellestine: Count 1 first degree murder. Count 2, guilty of first degree murder.
* Kellestine also guilty of first degree on Counts 3, 4, 5, 6, 7, 8
* So, Kellestine, Sandham and Mushey were guilty of eight counts of first degree murder.
* Mather and Aravena are guilty of one count each of manslaughter and seven counts each of first degree murder.
* Brett Gardiner was found guilty of two counts of manslaughters and six counts of first-degree murder
* KateatLFPress Just talked to Kellestine's lawyer. Said his client's not a monster but just "a farmer from Shedden
* The media is all convened on the courthouse steps, ready to pounce on the next lawyer that comes out.
* Apparently Aravena told his lawyer to fuck off after the verdicts were read and then gave the two-finger salute to the jury.
* Clay Powell, Kellestine's lawyer, also said it was a tough trial and that Wayne didnt point any fingers at the other guys.
* Powell: The guys that did point fingers, that'll cause them some problems in prison, I bet.
* Wayne's lawyer also said the guys who pointed fingers at others are now looked at as "rats."
* Kellestine's lawyer said his client was picked on by all the lawyers, so he was up against a lot. Wasn't surprised at verdict.
* Police van went by with bars on windows. The media went nuts, running out and trying to get a shot of bdos in back (unconfirmed if them).
* Every time door to the courthouse opens, media get ready in case it's a lawyer. So far, nobody except Clay Powell
* Clay Powell had his ciggie and is back in the main courtroom. The three shooters (Wayne, Mushey and Sandham) get automatic 25 to life
* Mather, Aravena and Gardiner will get sentenced and their victim's families will read their victim impact statements
* Looks like 2 p.m. tomorrow will be the time for sentencing. Mushey wants to be sentenced today.
---------------------------
Friday, October 30 2009
* In the overflow room. Getting filled up so had to run and get a spot early. There are at least 20 family members in main courtroom.
* Crown starts by telling judge who has criminal records. Sandham, Aravena: no records. Mather, Gardner, Mushey, Kellestine have records
* In fact, Crown says, Kellestine's last charge, in July 2002, came with a lifetime ban on firearms.* Crown is also asking for a lifetime ban on firearms for all six if they ever get out. Crown doesn't care which prisons the men go to.
* There are 25 victim impact statements. Only five will be read out, the rest have been filed with the court, crown says. * First up is daughter of John (Boxer) Muscedere, Theresa Muscedere.
* For 21 years of my life, my father was part of every event in my life. My grandparents were so torn when my dad passed away. * (Crying). My granddad went to visit my dad's grave for first time a year after killings. The next day, he died. He died of a broken heart.
* At the age of 22, I then had to take on responsibility for my grandmother. She'd already cried for 365 days.* I worked with my nona. On April 22, 2007. Helping her with stuff when I got a call that my daughter was in an accident.
* At the age of 22, I was a single mother who'd just lost a father, grandfather. My daughter was in a coma for three months. (crying)
* Daughter was re-taught everything. So many times I felt like breaking down. I woke up and smiled at the things made my dad smiled* These men didn't just take eight men. They took my soul. The though that my daughter would pass one of his killers on the street. . .
* My daughter will never know the tickle of my father's mustache or how she'd jump on his Harley as if it were her own. * She will remember his picture, but not his touch. I have suffered and I believe it's their turn to suffer
* Boxer loved his mother, his sons, his daughters, one aged 4. He loved God. No one deserves to go through what we've gone through.* Boxer's daughter, weeping, thanks the court for listening and finishes her statement. Next up is George (Crash) Kriarakis' mom
* Thanks you for allowing me to express myself on this crime on my life and on my family.* I have sat here in pain and sorrow as I relive my son's death in the presence of his killers.
* Day my gift was born, I saw the world in his eyes and I knew that his future was limited. When he died, my job was replaced by sorrow.
* The day he died, three more graves were dug - mine, my husbands and my other sons. How can I even express my sorrow (voice breaking)
* George would help anyone he knew in any way he could. He was a son that any mother would have been proud to have.
* Given the chance, he would have been an asset to society. He was raised in a solid Christian home. His life ended in prayer.
* His life was stolen by these men here (sobbing, voice breaking). These people had no respect for my son.
* Each of 7 bullets in my sons body represented 7 murderers who took his life, from one who listen to scanner to one who pulled trigger * I can't imagine that in this country, my son had to wait in line waiting to be executed. I watch murderers wearing their Sunday best
* Clothes do not make the man. Now, I stand alone and cry. How can a mother live this way. No matter what I do, my thoughts are with him * I wake up every night and I see the terror in his eyes. I touch my heart, stomach, arm and I feel his wounds.
* I cannot ask you how many times I asked God why it is not me in the grave, with George visiting me. I take no joy from life anymore* Only reason why I go on is because of my other son. Our house used to be full of fun and life. Now, no more.
* We went from the highest highs of happiness to the lowest depths of despair. We do not sleep. Our health has declined.* We're afraid to be alone because we are afraid what we might do to end the sorrow. My life cannot just go on
* You must believe me. I feel like the living dead. I miss George more than words can say. I want his killers to be held accountable* I ask that you deal with this so that George Kriarakis, so he can rest in peace and so I can die knowing that justice was served.
* Very emotional. Next up is brother of George Jessome.* As he got older, he got in trouble with the law. He left his family and his ma and pa.
* He worked hard, played hard and showed it on his face. But don't forget, he and seven others were part of the human race
* What is the true meaning of a brother, I wonder as I write. I think a brother will protect you for life
* I sit and think about your families, too. The pain, the sorrow and the shame that you put them through.
* I have travelled many miles to appear here today. I'm not here to judge you. I remember being taught as boy the prayers from the bible
* Next up is Frank (BamBam) Salerno's mother
* I appear here on behalf of myself and my family. He was brutally murdered. I do this to honour him, he had a family that loved him* It's not natural for a parent to bury a child. It's the crime against nature. It's a crime against the future.
* There are no words that easily come when you lose a loved one. Life as we knew it had suddenly stopped* Frank was intelligent, a devoted husband and father, caring uncle, respectful grandson. He should be alive today to play with his son
* Frank had his problems, but he was overcoming them. Am I proud that he was part of this organization? No. But he was overcoming it * Your honour, what do you think it's like to see Frank's best friend's body on the front page of a national newspaper in trunk of a car
* On April 9, I got off the plane in Switzerland and my daughter called me. She told me she thought Frank was killed along with others.* People have said that the world was a better place with eight less bikers. This saddens me. Frank was my son. MY SON.
* Where was the love, loyalty and respect when our loved ones were ambushed and murdered by their so called brothers. * They shattered our family members. They mocked as our loved ones prayed, made fun of the religion of another. They burned belongings
* None of these killers should ever be released into society. I weep for myself and for my grandson who will never meet his father.* Wayne Kellestine is a thug of the first order. No one was an innocent bystander that night. He's a malicious murderer.
* For the sake of my children, my parents, I smile. But there's a sorrow embedded into my being. I carry death with me.
* I will never be the same person I was before my son was killed. Sometimes, the sorrow is just to overwhelming.* What constantly tortures me is thinking of the betrayal he must have felt knowing his friends were being killed one by one.
* He must have known the pain it would cause to his wife and his family. It has been three years since the assassination of my son.* When I go to my son's crypt, I'm seized by the vilest of human emotions. Rage. The need for revenge.
* I thank the jury and I thank the Crown, and I thank MH, who stepped forward at great risk to himself and his family. I'll pray for him* Frank is the last thing on my mind when I close my eyes and the first thing on my mind when I wake up in the morning.
* I pray that Frank and his friends can rest in peace knowing that justice will truly be served in this case.* Sister of Michael Trotta is up next.
* Michael was friendly, outgoing, didn't judge, was a free spirit. He was 31, had 3-year-old, had a career, a home, a fiance, family
* In weeks before death, he played with his son, took niece out for food, bought furniture for a new home
* Day before he died, my brother took pictures with his son. Those pictures we later gave to the police so they could identify him
* Shock and saddness at the initial death. We became prisoners in our own home because of the media
* Due to the injuries on his body, we couldn't have a proper funeral. The day after his death, he was supposed to go out with son
* He'll never marry his fiance, he'll never walk his son to school, he'll never go to his nieces' weddings* In the months after his death, we grieved his loss privately. My father's health deteriorated he was diagnosed with cancer and he died
* We are now less trusting. We have haunting images and thoughts about how my brother died, confined on a remote farm* What did he think as he was confined at gunpoint, on a cold remote farm, in the middle of nowhere.
* The public nature of trials revictimized us. This statment is a further opening up of our private thoughts.* I ask that you consider that the accused didn't spare the families the pain of a lengthy trial. We repeatedly heard "I wasn't there."
* We heard I wasn't there, it wasn't my fault. They will get contact with their families, they can get three meals a day, go to school* Our families will not take another breath, feel the sun on their faces, get comfort from loved ones.
* For society I ask for justice. For jurors I ask for justice. For our families I ask for justice. For my brother, I ask for justice* The judge will now look at the other victim impact statements that were written but won't be read out. 15 minute recess.
* Just waiting for the judge to come back. Those were very emotional victim impact statements (as they usually are).* Brother of Jessome: I knew he'd die young. The events of April 8 have brought out my dark side.
* My brother George was becoming more humane as he got old. But he's always 52 and a Bandido forever.
* My memories of my brother aren't always pleasant ones and he will never be able to redeem his soul.
* (Sorry: This four-paragraph statement was read out to the court because it had just arrived. It was from Jessome's brother)
* Mr. Sandham, is there anything you'd like to say before you are sentenced? Sandham stands: No, your honour.
* Mather wants to be in imprisoned in New Brunswick. He also doesn't have anything to say.
* Mr. Aravena, is there anything you'd like to say? Aravena stands: I truly am sorry for what I've put you all through* Aravena (to families): When I first realized what had happened, I thought, What would my nephew think of me? (voice breaks)
* Aravena: My cousin died the same way. I apologize truly for what I've unpurposely put you through * Gardiner says he apologizes. Mushey, Kellestine have nothing to say.
* Judge says there's nothing more for him to say. All will get weapons bans, some for 10 years after release, some for life.* The manslaughters are given 10 years, to run concurrently with their 25-to-life for first-degree murder
* Judge: After having been together for almost an entire year, some parting words are called for.* Judge: Thank you to the attorneys' for a battle well thought. You constantly threw new legal challenges at me
* Judge: Thanks all the court staff, the court reporters, his team.* Judge: If anyone wishes to debrief, I'll be in my office.
* Court Registrar: All rise. This court stands adjourned. God save the Queen* And once again the media waiting game continues outside the courtroom.
* Rumour is that Boxer's daughter (who spoke earlier) will make another statement
Once again I have to send out a big "Thank You" to JANE SIMS of the LONDON FREE PRESS for reporting to us these stories.....
In Memory Of "The Shedden Eight".....
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Bandidos Murder Trial _ News Headlines
Bandidos trial begin
Tue, March 31, 2009
By JANE SIMS, LONDON FREE PRESS
Picking Bandido jury 'enormous' task.
Jury process gets underway in Bandido trial.
Jury selection begins in bikers' murder trial.
With a clear, loud voice, and standing ramrod straight, Wayne Kellestine proclaimed he wasn't guilty of first-degree murder.
"Not guilty, Your Honor," he said forcefully from his booth in the long prisoner's box.
Kellestine and the other men on trial for eight counts of first-degree murder stood for 10 minutes while the court registrar read off the charges before the court.
Each one said not guilty. One of them, Marcelo Aravena, wiped away tears.
And with last chrge read in the record, the six men and six women on the jury are in charge of hearing what is beleived to be the biggest murder trial in London in modern history.
The final juror was picked at 10:30 a.m., more than a month after the first set of potential jurors were summoned to the courtroom.
Two thousand juror notices were sent out to fill the twelve seat
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Biker slaying trial begins for 3 Winnipeg men
By Jane Sims, SUN MEDIA
Last Updated: 31st March 2009, 7:12pm
LONDON, Ont. — Their photos were mounted on a poster board in the courtroom near the jury that would hear how they died.
All of them had Bandido biker connections. All of them had nicknames: Chopper, Boxer, Crash, Pony, Big Paulie, Bam Bam, Little Mikey and Goldberg.
Each died from gunshots and their bodies left in vehicles along a quiet Elgin County Road. All of them were part of the Toronto chapter of the Bandidos motorcycle gang, also known as the No Surrender Crew.
They were ensnared in a longtime biker feud inside their organization that pitted brother against brother, to the death.
“Eight men were shot dead one by one,” said Elgin County Crown Attorney Kevin Gowdey during the opening statement of the long-anticipated trial of six men charged with eight counts of first-degree murder.
“Good or bad, nice guys or not, they didn’t deserve that,” Gowdey said.
Yesterday, the first public glimpse at what happened April 8, 2006 was told in the hushed court in Gowdey’s two-hour statement of what the Crown hopes to prove before the six-man, six-woman jury.
The Crown contends the men died because of a clash between Toronto bikers in conflict with their organization’s international headquarters and Winnipeg bikers who wanted their own chapter.
Along with details of the feud, the jury learned it will hear from a police informant, known as M.H., who will testify to being at Wayne Kellestine’s Dutton-Dunwich farm, southwest of London, when the eight men were shot to death, and about the problems inside the Canadian Bandido fraternity.
Earlier yesterday, shortly after the 12th juror was chosen after a weeks-long selection process, the six accused — Kellestine, 59, and Frank Mather, 35, of Dutton-Dunwich; Brett Gardiner, 24, of no fixed address; and Michael Sandham, 39, Marcelo Aravena, 32, and Dwight Mushey, 41, all of Winnipeg — stood and pleaded not guilty to eight counts of first-degree murder.
It took 10 minutes to read all the charges and hear the pleas.
Gowdey outlined a case that sounded like a pulp fiction novel, starting with the grisly discovery of the bodies along the rural road.
Mary and Russell Steele, who live on the Stafford Line not far from Shedden, were alerted by a friend that quiet Saturday morning that there were vehicles on their property that didn’t belong there.
The Steeles went to look, Gowdey said, and saw a car on the road and a tow truck with a silver car attached to it.
A fourth vehicle was in a nearby field.
The Steeles didn’t look inside the vehicles and called police.
An Elgin County OPP officer look in the car in the field and saw a large man with blood on his face. He wasn’t breathing.
The officer opened the hatch. A man was lying on his right side. bleeding from the head — dead.
A third dead man was in the back seat. All of them had their heads covered.
Five more men would be found in the vehicles. Two were in the silver car, another in its trunk wrapped in a carpet.
Another man was dead in the tow truck.
The eighth man was in the back seat of the second car.
“Murder was obvious from the beginning,” Gowdey said.
The OPP began to descend on Shedden, but “it didn’t take long to find out that (the case) wasn’t about Shedden at all,” Gowdey said.
A bonfire had been spotted at Kellestine’s farm, 14 kilometres away, and police started to make a connection.
Police would find out later that Mather, Gardiner and Kellestine were at the farm.
As the bodies were discovered, a red SUV was driving down the Highway 401 on its way back to Winnipeg, carrying Sandham, Mushey, Aravena and M.H.
At the heart of the case, Gowdey said, was a feud between the Toronto Bandidos, and the group’s international headquarters in Texas.
Winnipeg had a fledgling chapter that wanted to become a full chapter. It was under the control of Toronto, and there were conflicts between them because Toronto claimed Winnipeg was not paying its dues and Toronto didn’t support full chapter status.
All of the dead men and Kellestine belonged to the Toronto chapter, Gowdey said, and Kellestine was the only one supporting Winnipeg.
Toronto’s feud with the international stemmed from Toronto’s lack of communication and not sending payments. By 2006, the world headquarters wanted its patches — a biker symbol of belonging and power — back.
Any problem for Toronto was a problem for Winnipeg.
“It was a time of crisis,” Gowdey said. “If Toronto was done, Winnipeg was done too.”
Sandham set up a meeting with members of the world headquarters at the Peace Arch Park in White Rock, B.C., along the Canada-U.S. border.
He and Kellestine went to the March 2006 meeting.
At the end, Kellestine was national president of the Bandidos. But he had orders to pull the patches of the Toronto chapter — something “that would not be surrendered willingly,” Gowdey said.
Some of the problems are spelled out in a series of e-mails uncovered by police and wiretaps they made of phone conversations .
In one wiretap, Gowdey said, Kellestine tells Cameron Acorn, a Bandido in jail at the time, that there were “big changes coming” and that the international group was “super, super, super f---ing choked.”
Later, at the farm, he would tell the others “if one person had to be killed, all would be killed.”
The shooting victims — George Jessome, 52, of Toronto; George Kriarakis, 28, of Toronto; John Muscedere, 48, of Chatham; Luis Manny Raposo, 41, of Toronto; Frank Salerno, 43, of Etobicoke; Paul Sinopoli, 30, of Sutton; Jamie Flanz, 37, of Keswick; and Michael Trotta, 31, of Mississauga — were all connected to the Bandidos motorcycle club.
Gowdey noted all of them stayed -- no one tried to leave.
The informant, M.H., Gowdey said, will testify that he saw lots of guns.
Then on April 7, 2006, the men donned gloves, changed the Manitoba licence plates on the SUV, and waited for the Toronto chapter Bandidos members to arrive.
The invitations to the Kellestine farm, Gowdey said, were picked up in wiretaps made by Durham Regional police who were investigating the death of Shawn Douse, a Keswick drug dealer who died in a 2005 beating.
The cellphone recordings have Kellestine asking the men to come to the farm. Some resisted, but were told the meeting was "really important," Gowdey said.
There also are wiretaps with Kellestine's voice in the background, he said.
The men arrived at the farm. Kellestine, Gardiner and Aravena were in the house.
Sandham, an ex-police officer and soldier, had two loaded guns and was wearing a bullet-proof vest. He was hidden in the loft of the barn overlooking an open area on the farm.
M.H. and Mushey were concealed behind the barn and unable to see what would unfold inside.
Two by two, the victims were led to the barn, Gowdey said.
Then, M.H. is expected to testify, there was a confrontation and he heard shots.
He and Mushey ran inside and heard Kellestine yell, "everyone on the floor, no one move."
Kellestine had a gun in his hand. Luis (Chopper) Raposo was lying on the floor, bleeding from the neck. A sawed-off shotgun was close to him.
The rest were on the floor.
Two others had been wounded when they'd tried to escape.
Sandham, Gowdey said, had shot Raposo, who'd shot first.
Gowdey said Raposo had been expecting violence that night and brought his own gun.
Sandham was hit in the vest.
One of the wounded men was on a couch, bleeding from his leg.
Gardiner was the only accused not there. He was in the house listening to a police scanner and acting as lookout for the police.
Each victim in the barn was patted down. Mather and Aravena searched the vehicles for personal effects. A gun was found and placed on top of a freezer in the barn.
Mushey and Mather had orders to keep an eye on John (Boxer) Muscedere, the president of the chapter.
"If Boxer moves, shoot him," Kellestine said, Gowdey told the jury.
Kellestine ordered all of the victims held at gunpoint.
In his hands, he had two guns.
Aravena was seen with a gun and a baseball bat.
Each of the victims was taken outside at gunpoint, placed in a vehicle, then shot.
The executions took hours.
"There was no gun fight. There was no flurry of bullets," Gowdey said. "One by one, the victims were led to their deaths."
Kellestine was acting erratically. He kicked one man in the face and hit another after accusing him of being a police informant.
He sang, he danced, he joined one victim in prayer.
M.H. didn't see everything because he was inside the barn guarding the men, Gowdey said.
Two of the men were ordered to roll up Raposo in a carpet and to mop up the blood on the floor.
M.H. went outside and saw Kellestine shoot one of the men, Gowdey said.
M.H. saw Mushey shoot one of the last victims, and then again to finish the job.
"It appeared all the Toronto Bandidos knew they were going to die," Gowdey said.
He told the jury not everyone shot and killed someone, but "everyone contributed."
The last man died near sunrise and "there was a pressing need to get rid of the bodies and cars," Gowdey said.
Only Kellestine stayed behind as the vehicles were driven away.
A surveillance team from Durham was watching the farm that night to keep an eye on some of the men in the Douse case.
"They had no need or right to go on the Kellestine property," Gowdey said.
The officers broke off their surveillance at midnight.
An OPP officer came upon them along the country road and stayed in the area until about 2:30 a.m. He saw no vehicles leave.
But by daybreak, a witness saw something unusual along Hwy. 401 -- a line of four vehicles, including a tow truck with a car attached, another car and a red SUV -- that turned onto Union Road, which would eventually lead to the property of Mary and Russell Steele where the bodies were found in some of the abandoned vehicles.
The Steeles, alerted by a friend on that quiet Saturday morning, didn't look inside the vehicles, but called police. An Elgin OPP officer found all the dead men, some with their heads covered.
Unexpected twist
There was an unexpected twist in the getaway plan as the sun came up. One of the vehicles was almost out of gas.
A decision was made to get off the road.
The drivers made it to Stafford Line, abandoned the vehicles and returned to Kellestine's farm with Sandham's SUV.
A set of keys to one vehicle, thrown out the window, was later found along the 401.
Kellestine had started a bonfire. A couch and any ID of the victims were burned.
Kellestine kept a Harley-Davidson baseball cap belonging to one of the victims.
He had large jugs of acid to clean the barn floor. The guns were wiped down and concealed, Gowdey said.
The Winnipegers burned their clothes and left. Gardiner stayed behind.
The police had started to link the bodies back to Kellestine. At 12:40 p.m., five hours after the bodies were found, officers started watching the farm.
Eric Niessen and Kerry Morris were the only two people seen arriving in the afternoon in one car.
Police watched as buckets were carried from the house to the barn. They could see smoke coming from the property and someone searching the grass and deck.
"It looked like an effort to clean up," Gowdey said.
Meanwhile, family members and friends of the victims and A channel news reporter Sarah McGrath called the residence.
Kellestine claimed he'd been partying all weekend.
When asked when he last saw the victims, he changed the subject, Gowdey said.
Search warrants were obtained on April 9, 2006, and police moved in. Slowly, all the people came out -- Kellestine, Gardiner, Mather, Niessen and Morris.
In a police interview, Kellestine repeated he was home all weekend.
He said he had retired from the club, even though he wore a biker belt buckle during the interview.
Red-stained floor
All five people were charged with eight counts of first- degree murder. Three of those are among the six now on trial.
In the barn, police found patio chairs in an area with a wet, red-stained floor. A fire smoldered in the fire pit.
A forensic archeologist is expected to testify what was found in the ashes -- house keys, zippers, coins, parts of cellphones, parts of a couch, glasses, boot steel toes and .22-calibre gun shell casings.
The police would be at the property for two months.
"The place was a mess," Gowdey said.
One gun was found in the ductwork of the basement, the rest not until a secret compartment in Kellestine's kitchen was found.
The Winnipeg men arrived home and continued to meet.
M.H. made a connection with the OPP. He'd wear a wire and pick up conversations of his companions.
Sandham took his SUV to a car detailing shop, had the inside shampooed and bought new tires. He threw the old ones into a ravine.
Police recovered them. Sandham also took a trip to the U.S., telling border guards he was going to South Dakota, but he really went to Texas to the Bandidos headquarters.
Aravena and Mushey, who lived together, were watched by police. They got new biker vests and showed them off.
On June 15 and 16, 2006, the three were arrested and brought to Ontario to face murder charges with the others.
Gowdey gave the jury a roadmap of the evidence that will take months to go through. M.H. is expected to be the star prosecution witness.
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First Bandidos witness details grisly discovery of slain bikers
Wed, April 1, 2009
Relatives of eight Bandidos bikers sobbed and gasped as an OPP officer testified and showed pictures of what he found inside four vehicles on a rural road southwest of London three years ago.
Const. Ross Stuart found eight men, most with “obvious gunshot wounds,” stuffed into four vehicles when he responded to Stafford Line on April 8, 2006.
Stuart, an OPP forensic-identification officer, is the first witness to testify in the first-degree murder trial of six men charged in the slayings of the eight Bandidos from the Toronto area.
Stuart told jurors what vehicles the men were found in and what personal belongings police used to identify them.
Among the more than 40 photographs, the jury saw close-ups of the victims' faces, all with obvious trauma from gunshot wounds.
Jamie Flanz was found in the back seat of a rented 2006 Pontiac Grand Prix.
George Jessome’s body was found in the back seat of the Silverado tow truck owned by Superior Towing and Storage, from the Toronto area.
Bandidos trial live updates .
* Witness dismissed. That's it for the first day of testimony in Bandidos trial. Back again tomorrow at 10 a.m. Dubinski over and out #bdos about 5 hours ago
* Debuck says she saw three cars at 6:50 a.m.: one backed up in ditch, another a tow truck with third vehicle attached. #bdos about 5 hours ago
* Witness dismissed. Next witness Allison Debuck. She was on Stafford Line on April 8, 06 taking daughter to a basketball tournament. #bdos about 5 hours ago
* Witness says she saw what looked like a silver pickup truck down the road from the a property where she delivered the paper. #bdos about 5 hours ago
* Shelley is newspaper delivery person for the St. Thomas Times Journal. Delivered paper to Stafford Line on morning of April 8, 2006. #bdos about 5 hours ago
* Witness dismissed. Next witness: Janet Shelley asked to take the stand. #bdos about 5 hours ago
* Witness says she drives along Stafford Line to work around 5:45 a.m. She says she saw no cars on Stafford Line on April 8, 2006. #bdos about 5 hours ago
* Next witness takes the stand: Mary Aartsen. Works at Flying M truck stop. #bdos about 6 hours ago
Attached to the tow truck was a 2001 Volkswagen Golf registered to Luis Raposo, who was found wrapped in a rug in the hatch. John Muscedere was found in the passenger seat of the Golf and George Kriarakis was in the driver's seat.
The fourth vehicle, an Infiniti FX35 SUV, leased to Flanz, contained the bodies of Michael Trotta and Frank Salerno. Paul Sinopoli was stuffed into the rear cargo hatch of the SUV.
The jury also saw pictures of identification found in the vehicles, including driver's licenses, a college badge and an envelope from a Toronto-area Catholic school board addressed to Trotta and his spouse.
Jessome’s Toronto tow-truck licence was found in the sun visor of the truck, and Raposo’s car ownership was in the Volkswagen.
The jury also looked at a Bandidos motorcycle club leather vest, displaying the distinctive red-and-yellow patches and the club insignia of a man in a sombrero holding a handgun and a sword, known as “The Fat Mexican.”
The tow truck, with the VW Golf attached, was parked along the soft, muddy shoulder of the rural Elgin County road. The two other vehicles were haphazardly left in nearby woods and a farmer's field.
Most of the bodies had their heads covered with clothing or a blanket.
Stuart also described a list found in Raposo’s car with 27 names or nicknames. All of the dead men could be traced to the list.
Jurors also saw a large diamond-shaped silver ring with “1%” inscribed on top.
In Flanz’s car was identification from Onico Solutions – his business card – and a Devry College of Technology nametag.
Cross examination by the defence continues this afternoon.
The six accused are Wayne Kellestine, 59, and Frank Mather, 35, of Dutton-Dunwich; Brett Gardiner, 24, of no fixed address; and Michael Sandham, 39, Marcelo Aravena, 32, and Dwight Mushey, 41, all of Winnipeg. Each pleaded not guilty to eight counts of first-degree murder.
The shooting victims are George Jessome, 52, of Toronto; George Kriarakis, 28, of Toronto; John Muscedere, 48, of Chatham; Luis Manny Raposo, 41, of Toronto; Frank Salerno, 43, of Etobicoke; Paul Sinopoli, 30, of Sutton; Jamie Flanz, 37, of Keswick; and Michael Trotta, 31, of Mississauga. All were connected to the Bandidos biker club.
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A graphic start to the evidence
Thu, April 2, 2009
By JANE SIMS, LONDON FREE PRESS
Ordinary people doing ordinary things saw something wrong on rural Stafford Line, southwest of London, the morning eight men linked to the Bandidos biker club were found shot to death in 2006.
Yesterday, in a London court, graphic police photographs of what was wrong -- the dead men, found stuffed into vehicles that didn't belong where they were found -- were shown to a jury, drawing gasps and sobs from some of the men's family members.
Two people who happened to be in the area that day, April 8, 2006, described what they saw as the first full day of testimony in the Bandidos murder trial began.
Janet Shelley saw a pickup truck a long distance down the road as she turned around in the driveway of Mary and Russell Steele's place, where she'd just delivered the newspaper.
Alison Debuck was driving her daughter to a basketball tournament when she saw a car beyond the ditch in an opening between the woods and a fence. A tow truck and a light-coloured car were at the side of road.Both women said they didn't stop to check why the vehicles were there.If they had, they'd have been shocked and horrified.
Jurors saw the photographs taken of the eight men shortly after they were found in three vehicles on the quiet Elgin County road, south of Hwy. 401 near Shedden, and an SUV parked farther off the road.As the crime scene photos appeared on a screen in court, including facial closeups of the men, the reactions flowed.
OPP Const. Ross Stuart, the lead identification officer, took the jury through the photos, first describing a 2006 Grand Prix found in an open area by the trees. It was an Avis car rented to the common-law spouse of one dead man, Michael "Little Mikey" Trotta.
In the back seat was the body of Jamie "Goldberg" Flanz, 37, of Keswick, Ont. His shaved head was covered and he was packed in with a large variety of kids' toys, games, a car seat and two backpacks.
There were two visible gun shot wounds -- one under his left eye in his cheek, the other on his forehead.
A Superior Towing and Storage Tow truck, found deep in a muddy ditch, contained the body of George "Pony" Jessome, 52. His tow operator's licence was found on the sun visor.
Jessome's head was covered with a red and blue blanket. Blood could be seen on his forehead, cheek, nose and mouth.
A 2002 VW Golf was hooked onto the back of the truck. George "Crash" Kriarakis, 28, was dead in the front seat, the top of his body covered by a green fleece shirt.
He was slumped on his side and blood was caked on his face and coming out his nose. A gunshot wound could be seen below his left ear.
John "Boxer" Muscedere, 48, the Bandidos national president, was slumped beside him in the passenger seat. There was no visible gunshot wound but blood was coming from his eyes and nose. In the hatch was the body of Luis "Chopper" Raposo, 41, the car's registered owner. He was wrapped in a multi-coloured rug and there was blood staining to his neck, shoulders and upper chest.
A fourth vehicle, an Infiniti FX35 SUV, leased to Flanz, was found in a field near the tree line.
Paul "Big Paulie" Sinopoli, 30, a large man, was stuffed in the rear compartment, lying in the fetal position, a gunshot wound to his left temple.
Two more victims were inside the vehicle. Trotta, 31, was shot in the right temple behind the eyes. Francesco "Bam-Bam" Salerno, 43, was beside him. There was blood, especially near his right ear. Stuart explained how police determined the men's identities with documents and other items found in the vehicles.
One significant piece was a black leather Bandidos Canada motorcycle club vest found in the Volkswagen, with its distinguishable red and yellow club patches.
The centrepiece on the back of the garment was a rotund man in a sombrero holding a sword and a gun. The jury was told he's known as "the Fat Mexican."
"Our colors don't run," was one of the patches.There was a ring as well -- shaped with the insignia "1%."
Police also found lists and phone numbers with many nicknames.
Raposo, the national secretary, had phone numbers in his pocket and a list with 27 names, including the nicknames of the victims.
"Weiner" was attributed to accused Wayne Kellestine, whose Aberdeen Line farm -- about 14 kilometres from where the vehicle were found -- is where the Crown contends the killings took place.
"Taz" is Michael Sandham, another accused, and he authored e-mails found printed in the car. There were nicknames on one list that Stuart said could be those of some of the other accused.
Raposo also had 16 other documents, including a ledger page with items such as a pool table and square patches.
Flanz's business cards from Orico Solutions and a badge from a business college were found in his car.
The trial continues today.
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Rural couple describe grisly discovery — read Twitter updates here
Thu, April 2, 2009
In April 2006 eight bodies are discovered in vehicles abandoned along a rural road near Shedden, Ontario. Six men are currently in court for what has become known as "The Bandidos Murder Trial
A graphic start to the evidence Many called, few were chosen First Bandidos witness details grisly discovery of slain bikers — read Twitter updates here 'Shot one by one' 'Not guilty' pleas set stage
A rural couple’s quiet Saturday morning was shattered three years ago when they discovered unfamiliar vehicles parked on their property that contained the bodies of eight dead Bandidos.
Mary Steele, a retired dairy farmer, testified this morning at the trial of six men charged with eight counts of first-degree murder in the slayings of the Toronto-area bikers.
Steele and her husband Russell were the first people to approach the vehicles that had been abandoned on their property along Stafford Line in Elgin County’s Southwold Township on April 8, 2006.
It had been a a typical Saturday morning for the couple. Steele testified that she and her husband were having breakfast at about 7:15 a.m. in their home when they saw a familiar vehicle travelling up their road.
Steele said it was Forbes Oldham, known as Forbsy, a man who usually drove past their house at the same time every day, often to take a newspaper to another neighbour.
Fifteen minutes later, Steele answered the phone. It was Oldham.
“The fellow told us there are a lot of cars on the road and in the bush,” she said.
“'You got lots of cars, you should see what’s going on',” the caller said.
The couple was curious. Steele told assistant Crown attorney Joseph Perfetto that she and her husband hopped in their SUV to check what was happening.
The first vehicle they saw was a Pontiac Grand Prix. It was backed in to an opening with the keys still in the ignition.
"We tried to peer through the window," Mary Steele said.
"At the time, my husband and I, we watch CSI, and I decided not to touch anything."
Steele looked in the front window but couldn't see anything in the front seat, but did see something covered up with a blanket in the back seat.
Next, the couple went to a tow truck up the road, also abandoned. They noted the Superior Towing and
Storage name and Toronto-area phone number on the side of the truck. They went back to their house to call 911.
"But then curiosity got the best of us, so we went back," Steele said.
Peering through the bush, the couple saw an SUV in a field farther down road and adjacent to their property line.
The two thought the cars were either stolen or someone had been drinking alcohol and parked the cars close to their land, Steele said.
The couple called the police again, saying there were four vehicles on or near their property.
They were waiting for the police along the road when Oldham and neighbour Charlie McMullen drove up. So did OPP Const. Karl Johnston.
“My husband was trying to tell the officer how to do his job,” Steele said, drawing laughter from the rest of the courtroom.
The jury also heard from Johnston and another officer on the scene and who described finding the three bodies in the SUV.
An Elgin paramedic who arrived on the scene testified he was able to check seven of the eight bodies.
The body in the SUV hatch and the body in the Volkswagen trunk were cold to the touch.
The other five were also cold, the paramedic said, and had no vital signs.
The six accused are Wayne Kellestine, 59, and Frank Mather, 35, of Dutton-Dunwich; Brett Gardiner, 24, of no fixed address; and Michael Sandham, 39, Marcelo Aravena, 32, and Dwight Mushey, 41, all of Winnipeg. Each pleaded not guilty to eight counts of first-degree murder.
The shooting victims are George Jessome, 52, of Toronto; George Kriarakis, 28, of Toronto; John Muscedere, 48, of Chatham; Luis Manny Raposo, 41, of Toronto; Frank Salerno, 43, of Etobicoke; Paul Sinopoli, 30, of Sutton; Jamie Flanz, 37, of Keswick; and Michael Trotta, 31, of Mississauga. All were connected to the Bandidos biker club.
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Wound tally opens biker slaying trial
3rd April 2009,
LONDON, Ont. -- Her sobs broke the silence as the occupants of the courtroom concentrated on photographs of eight dead men.
They started softly when the autopsy photos of George Kriarakis, 28, one of eight men connected to the Bandidos motorcycle club, flashed on the video screens throughout Courtroom No. 21 in the London courthouse during the trial of six men -- three of whom are from Winnipeg -- who have pleaded not guilty to eight counts of first-degree murder.
A man and a woman were trying to console the crying woman, while OPP Const. Ross Stuart took the jury through the photographic summary of injuries.
Tattoos
He began to describe some of Kriarakis's tattoos -- the word "Crash," his nickname, in red and yellow surrounded by flames on his chest; a tattoo on his back with the diamond-shaped "1%er," surrounded by the letters "BFFB," and two images of men wearing a sombrero on either side; the words "No Surrender" down his right arm and shoulder.
The sobs became louder.
Stuart began to discuss the four gunshot wounds to the left side of Kriarakis's head, near his ear.
The sob turned into a wail.
"God, God," she cried loudly.
Elgin County Crown Attorney Kevin Gowdey called for a brief recess and the jury left the room.
It was a glimpse into the grief left behind after the eight men were found dead near Shedden on April 8, 2006.
The jury returned to see and hear the grisly overview Gowdey said will be expanded on when pathologists who performed autopsies testify.
Stuart showed photos of the men's injuries and described what the doctors found. Several men who had tattoos similar to what the jury has been told earlier is "The Fat Mexican" -- a symbol of the Bandidos motorcycle club.
Jamie Flanz, 37, had two gunshot wounds to his head -- one to his upper forehead and another to his left cheek.
Stuart also showed the jury a photograph of a tattoo on Flanz's back near his left shoulder of a skull with skeletal hands, wearing a sombrero and holding a revolver.
Gunshot wounds
George Jessome, 52, had two gunshot wounds to the left side of his head and one in the left chest. He had an abrasion to his right wrist, hand and middle finger.
Kriarakis, 28, along with the four shots to the head, had a gunshot wound to his right shoulder, lower abdomen and left chest.
John Muscedere, 48, who has been described as the national president of Bandidos Canada, had been shot on the right side of his head near his ear, another under his right eye and his right torso.
Luis Raposo, described to the jury earlier as the national secretary, died of gunshot wounds to his neck and chest.
Michael Trotta, 31, had a gunshot to the top of his head that had an exit wound out his left cheek. There was another gunshot wound to his right temple.
Francesco Salerno, 43, had six gunshot wounds.
Paul Sinopoli, 30, had gunshot wounds to his left eyebrow and left temple and a graze wound on his thigh.
The trial continues today.
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Frank (Bam Bam) Salerno, was shot at no fewer than nine times.
Six gang members or associates are now on trial in Ontario Superior Court here in connection with the deaths of eight fellow Bandidos in April three years ago. All of the accused men face eight counts each of first-degree murder and all are pleading not guilty.Since the discovery of the bodies, stuffed into four vehicles abandoned on a country road southwest of London, the deaths have been widely described as execution-style killings, a term which evokes a picture of crisp if not merciful efficiency.Earlier this week, for instance,
Elgin County Crown attorney Kevin Gowdey told the jurors in his opening statement that most of the men died of gunshot wounds to the head, most delivered at close range. And a day later, jurors saw for the first time close-up photographs of the men's bloody and fatal head wounds. But what they learned yesterday was that one of the victims, Luis (Chopper) Raposo also had his right middle finger amputated and that another, John (Boxer) Muscedere, the supposed Canadian president of the Bandidos, was not only shot three times, but also suffered multiple fractured teeth and severe abrasions to both knees, the reasonable inference that he had been forced to kneel at some point.As well, another victim, 28-year-old George (Crash) Kriarkis was shot no fewer than seven times - four times in the face or head and once each in the shoulder, chest and abdomen.
Mr. Kriarkis's mother was in court yesterday when Ontario Provincial Police Constable Ross Stuart, the main forensic identification officer on the case, was describing the men's injuries as the jurors watched a slide show of pictures documenting them. She fell weeping into the arms of friends and once cried aloud, "Why?"Another victim, Frank (Bam Bam) Salerno, was shot at no fewer than nine times.Five of the shots connected - one to the bridge of his nose, another to his right cheek, another to his right ear, one to his right hand and one to the right thigh. Three more grazed his lower right leg, another grazed the top of his right hand.In total, not counting any that may have missed the mark, 33 shots were fired at the eight victims.In addition to gunshot wounds, Constable Stuart said, many of the men suffered other lacerations or abrasions, several to their wrists or hands, sometimes interpreted as wounds incurred when people try to defend themselves. Other injuries, such as the laceration to the top of Jamie (Goldberg) Flanz's head, may have been inflicted by the alleged ringleader of the plot, Wayne (Wiener) Kellestine, whom Mr. Gowdey described as having kicked one victim in the face and hit another, all the while dancing and singing bizarrely.According to the prosecutor, all the victims were members or associates of the tiny Toronto Bandidos branch called the No Surrender Crew.
With the Toronto branch on the outs with the group's head office in Texas, and also embroiled in an internal battle for control with a probationary Bandidos group in Winnipeg, the decision was made to "pull the patches" of the Toronto crew, leaving Winnipeg as the only Canadian chapter.Mr. Kellestine, who reportedly had aligned himself with the Winnipeg group, is alleged to have lured his Toronto colleagues to his farm, located just 14 kilometres from the site where the vehicles crammed with bodies were later found.
He and his five co-accused - Michael (Taz) Sandham, Dwight (Dee) Mushey and Marcello Aravena, all from Winnipeg, and Frank Mather from Toronto - allegedly donned gloves and armed themselves in preparation for the patch-pulling, with Mr. Sandham, a former police officer and soldier, allegedly hiding in the loft of the barn where the meeting was held.After a brief exchange of gunfire between Mr. Raposo and Mr. Sandham - it left the former bleeding from the neck and chest and the latter complaining his bulletproof vest had been hit - Mr. Gowdey said the rest of the Toronto Bandidos were searched and held at gunpoint."In the hours that followed," Mr. Gowdey told the jurors, the remaining men "were taken outside, unarmed, and shot one by one in their vehicles ... Not everyone [who is accused] actually shot and killed, but everyone participated and contributed ... People who deliberately help or encourage killing may be equally guilty as those who pulled the trigger."The revelations of the apparent cruelty of the men's deaths came late yesterday, and could not have contrasted more with the testimony of the morning.These early witnesses - several OPP officers who were first on the scene, a paramedic who had the unenviable task of checking the bodies for signs of life and who found instead in some the onset of rigor mortis
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Bandidos trial jury sees photos of victims' homes
By Michael Oliveira, THE CANADIAN PRESS
Last Updated: 3rd April 2009, 2:45pm
LONDON, Ont. — A search of victims’ homes after Ontario’s largest mass killing took police to a trailer, a rundown apartment building and a posh suburban home, resulting in the seizure of thousands of exhibits of evidence including a gun, a receipt for marijuana grow-op equipment and a plethora of Bandidos biker paraphernalia, court heard Friday.
The jury at the first-degree murder trial is hearing evidence about the slayings of eight men with ties to the outlaw motorcycle club who were found dead in four abandoned vehicles in rural southwestern Ontario in April 2006.
After two days of graphic testimony cataloguing the men’s autopsy photos and scores of bullet wounds and injuries, the jury was given a glimpse inside the lives of five victims and where they lived.
The men had wardrobes full of Bandidos gear, including their trademark leather vests emblazoned with the so-called “Fat Mexican” cartoon logo: a large-bellied man wearing a sombrero and clutching a gun and machete in either hand.
Each victim appeared to have collected numerous Bandidos T-shirts of various colours and designs and bearing the names of different chapters across the United States and the world.
Police also found Bandidos jackets and clothing from the Losers and Annihilators motorcycle clubs.
A number of custom Bandidos rings, in both silver and gold, were seized, along with brooches, belt buckles and other collectibles.
Provincial police Const. Ross Stuart told court about 6,000 photos were taken of the items seized from the homes.
In the first home shown to court, a modest Toronto house where 41-year-old Luis Raposo lived, police found a receipt for a US$77 eBay purchase of grow-op equipment. The receipt listed chopper(at)rogers.com as the buyer; court has heard Raposo’s nickname was Chopper. He's been identified as the club's national secretary.
Also seized in the house — along with a haul of Bandidos garb — was a computer, a list of names and phone numbers previously introduced in court, a motorcycle decorated with Bandidos stickers, and photos of Raposo and others wearing the motorcycle club’s colours.
In the Toronto home of 28-year-old George Kriarakis in Toronto, police found some women’s Bandidos clothes including women's thong underwear with the words “Support the Fat Mexican,” and a pink tank top reading “I Support My Local Bandidos.” along with personal photos with a woman and his motorcycle. There were also photos of Superior Towing trucks and Jessome
Court was also shown photos of Kriarakis posing with a puppy and professional shots taken with a blond woman as he posed in a Bandidos vest.
In the apartment of 48-year-old John Muscedere, police found more clothing and photos along with Bandidos Christmas cards. Police also seized a three-page email that the Crown said details Bandidos business. There were also photographs found with men in Bandido clothing smiling and giving the finger to the camera.
Police also collected evidence at the suburban Milton, Ont., home of 31-year-old Michael Trotta but made the most notable discovery at the home of 43-year-old Frank Salerno. Salerno's large, modern home was searched as well as his BMW, where officers found a box for a digital camera, court heard. Inside was a .32-calibre Mauser 1914 pistol and an ammunition magazine with three round of 32 cal bullets in it.
Police said they also searched the trailer of Jamie Flanz, 37, but found no Bandidos-related items.
The homes of the other two victims — Paul Sinopoli, 30, and George Jessome, 52 — had been searched in relation to another homicide investigation and court was not given details of that probe.
Charged with first-degree murder in the deaths are Wayne Kellestine, 59, and Frank Mather, 35, of Dutton-Dunwich, Ont.; Brett Gardiner, 24, of no fixed address; and Michael Sandham, 39, Marcelo Aravena, 32, and Dwight Mushey, 41, all of Winnipeg.
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Jury hears wiretap conversations of bikers
Sat, April 4, 2009
The bikers tell each other many times 'Love ya, bro'
By JANE SIMS, LONDON FREE PRESS
In the days leading up to the shooting deaths of eight men, Wayne Kellestine promised "things are gonna get a lot better."
"It's not my doing. I don't want no part of this," he told one of his young Bandido "brothers" over the telephone on April 6, 2006.
"But I'm gonna try to salvage as many guys as I can."
Two days later, eight men with connections to the biker gang were found shot to death along a rural Elgin County road.
The victims --George Jessome, 52, of Toronto; George Kriarakis, 28, of Toronto; John Muscedere, 48, of Chatham; Luis Manny Raposo, 41, of Toronto; Frank Salerno, 43, of Etobicoke; Paul Sinopoli, 30, of Sutton; Jamie Flanz, 37, of Keswick; and Michael Trotta, 31, of Mississauga -- were connected to the Bandidos biker club.
The Crown has pointed to a biker feud within the Canadian Bandidos as the heart of its case against six men, including Kellestine of Dutton-Dunwich, charged with eight counts of first-degree murder.
The Crown has told the jury Kellestine was put in charge of pulling the patches -- the biker symbol of solidarity and power -- from the Toronto members for the international Bandidos in Texas.
Yesterday, the prosecution turned to wiretap evidence, and specifically to telephone conversations between Kellestine and Cameron Acorn.
Seen in photos wearing Bandido colours with both Kellestine and the men who were later killed, Acorn was in a provincial jail in Penetanguishine when he talked with Kellestine.
The jury in the Superior Court trial heard snippets of conversations between some of the Toronto Bandidos and others to establish the identity of their voices. Some of the recordings were made within hours of the shootings.
More of those conversations are expected to be played in court when the jury returns April 14.
There was also evidence -- much of it Bandido paraphernalia -- shown of what the police found in some of the Toronto-area homes belonging to the victims.
The Kellestine/Acorn conversation gives a hint of the rift within the organization.
Kellestine contacted Acorn's mother to find out where her son was. "It's kind of important I talk to him . . . Fill him in on what's going on," he said.
He told her other Bandido members in Toronto hadn't been in contact with him and hadn't invited him to parties.
Acorn called Kellestine's house later. Kellestine calls him " a good truthful man" and a "good soldier."
"The people in the States are super, super, super f---ing choked," he said.
He told Acorn he had been to Vancouver and White Rock, B.C., at their request.
"People have been lying to us about everything being all right," Kellestine said. "Everything ain't right."
"I'm gonna need you, you know, in the future," he tells Acorn.
Kellestine asked Acorn how "Paulie" was doing. The jury has been told victim Paul Sinopoli went by the nickname Big Paulie.
Acorn said he was angry with Paul because he owed people money.
Kellestine told Acorn he didn't hear from people in Toronto, but they were "doing a lot of you know what. . . That's gotta stop."
"Someone in Toronto has stabbed Boxer (victim John Muscedere) and Bam Bam (victim Francesco Salerno) and Chopper (victim Luis Raposo) and all them guys in the back mentioning a bunch of f---ing s---."
Kellestine said he didn't want "no part of this." He and Acorn are careful not to identify what "this" is.
"I've got to try and fix this," Kellestine said.
The jury heard bits of conversations between some of the victims from April 7, 2006, just hours before the shootings. The audio was made by the OPP during Project Douse, the Durham police investigation into the slaying of Shawn Douse, a Keswick drug dealer who died in a 2005 beating.
OPP Det. Sgt. Jennifer Lockhart said Sinopoli and Jamie Flanz were two of 14 "primary targets" in the investigation.
The jury heard Sinopoli call Muscedere, Bandidos national president, to tell him "I'm not making it tonight," he said, because of ulcer problems.
Salerno later called Sinopoli and ordered him to go to "church" that night without making any excuses.
"Boxer's freaking out," he said. "You're on your last legs."
Sinopoli was heard calling Flanz for a ride.
Acorn called Raposo, the national secretary, and Muscedere while they were on their way to the meeting. The jury has heard the men gathered at Kellestine's farm.
They tell each other many times "Love ya, bro."
Acorn asked Raposo to send him a copy of a photo showing Acorn "cruising on a bike."
"I've heard some distressing news, but I love ya," Muscedere told Acorn.
"I'll call you guys next weekend," Acorn promised. "Make sure Chopper doesn't forget about that picture."
"I'm gonna f---ing tape it to his forehead," Muscedere laughed.
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Betrayal among the beloved bros
Rosie DiManno
Apr 04, 2009 04:30 AM
LONDON, Ont.
"I love you, bro."
Oh, the Judas kiss.
Such expressions of brotherly love, allies forever, the biker bonds of blood.
But all the time, there was mayhem and murder afoot, betrayals unto death. And so much for fidelity or honour or the code of the road – all those mythical attributes that patched-up and tattooed-down bikers claim.
They were rats, one double-cross removed from that most ignoble of creatures: the police informant.
The treachery within the Bandidos was exposed in court yesterday when wiretapped phone conversations were played for the jury, while six first-degree murder defendants passively listened in.
Cameron Acorn is not among the accused. He was doing time in Penetanguishene, back in 2006, when obliquely informed that his "brothers," his bestest friends, were about to get whacked.
Even from inside stir, Acorn could have called and warned his buddies, could have probably saved their lives.
In fact, he did phone, just as eight members of the Toronto Bandidos chapter were setting off for their date with alleged slaughter, piling into their cars as summoned to attend "church" that night – a biker meeting at the London-area farm of Wayne "Weiner'' Kellestine, purported ambush mastermind.
Inside one of the vehicles, Luis Manny Raposo and John Muscedere – only hours removed from fatal bullets – sound delighted to hear from Acorn, exchanging "Love you, bro" greetings as the cellphone is passed back and forth.
Muscedere, however, provides a hint of suspicion. "I've been hearing some disturbing news," the alleged president of the Canadian Bandidos Nation tells Acorn. "But I love you."
They wear their fraternal love on their cut-off sleeves, these Bandidos, but some of them, at least, are traitors.
Muscedere tells Acorn to use his time behind bars usefully, "don't become like those deadbeats in there" and Acorn says sure, he's cool, except there's one thing he'd like Muscedere to bring him – that picture off the computer, "of me cruising, giving the finger."
Acorn asks them to write him letters, then signs off: "I'll call you guys next weekend."
Such a good boy, this Acorn, as his mama tells Kellestine on another intercepted phone call.
Yet Acorn – who's been told enough to twig – says nothing to his Bandido bros, let's them tootle down the highway to their death.
That was April 7, 2006. In the early-morning hours of April 8, Muscedere and Raposo – and George Jessome, George Kriarakis, Frank Salerno, Paul Sinopoli, Jamie Flanz, Michael Trotta – would be marched to their cars, one-by-one, according to the prosecution, and executed, allegedly by the men on trial, Kellestine and five others connected to the Bandidos, the grotesque climax of what has been portrayed in court as an internal feud between the club's Toronto and Winnipeg chapters.
On the previous day, Acorn had phoned Kellestine, as bidden, his mom the intermediary. Kellestine, sweet-talking Sharon Acorn in that ingratiating way of his, had said of her son: "You mention to Cameron that we love him. ... Far as I'm concerned, Cameron's one of us. ... I've known him since he was a kid and he's your boy, so I love him."
With Cameron Acorn, Kellestine at first lauds himself for looking out after all the brothers in jail, sending cards and pictures, whereas other Bandidos just forget their obligations.
Thing is, though, some of those Toronto Bandidos aren't talking to Kellestine of late; they never call, they don't invite him to parties. And the Bandido bosses, down at Texas headquarters, are displeased with Toronto, too. "The people in the States are super, super, super f---ing choked."
Cryptically, Kellestine mentions a meeting with the Americans in B.C. "Okay, now there's gonna be some major changes."
He suggests that, contrary to earlier assurances, things aren't okay. "People have been lying to us ... about everything being all right."
Not gonna say another word, Kellestine declares. But, clearly, he can't help himself. Wonders if another Bandido, "Paulie" – who apparently owes money to many people – can be reclaimed, in some way. "Is there any chance of salvaging him?"
Here, Kellestine palpably puts himself forward as the guy who can intervene, influence, because stuff is about to happen. "And it's not my doing. I don't want no part of this but I'm gonna try to salvage as many guys as possible."
Acorn gets it but is stunned.
"Oh f---. It's not what I think it is?
"Are you f---ing serious?
"That's f---ing bulls---, man."
At that point, Kellestine becomes aware that there's someone else on the line – a three-way hookup. It is Acorn's brother-in-law.
"Did you just hear what I just said?" Kellestine demands of the in-law.
The stammering third-guy-on-a-wire: "No, no, no, no, no. I'm positive, 100 per cent, I just picked the phone up (because) I heard Cameron calling me."
Kellestine carries on a bit more, about how he doesn't need all this aggravation with the Americans but he's trying to "fix" it. He's the man. The conversation ends in signature biker mush.
Kellestine: "Love you buddy."
Acorn: "'Kay. Love you too."
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Slain biker tried to avoid meeting, murder trial told
Taped phone calls reveal ailing Bandido, 30, pressured into accepting invitation from accused
Apr 15, 2009 04:30 AM
LONDON, Ont. – Accused killer Wayne Kellestine sang a few lines from the 1960s hit song "It's Now or Never" to one of the victims in the Bandidos Motorcycle Club, hours before the biggest mass murder in Ontario history, a courtroom heard.
"There's an old Roy Orbison song 'It's Now or Never,' " the 59-year-old said on the phone to fellow Toronto Bandido member Paul Sinopoli, 30, of Sutton on April 7, 2006.
The next morning, the bullet-riddled bodies of Sinopoli and seven others connected to the Greater Toronto Bandidos were found in abandoned vehicles in the hamlet of Shedden, 14 kilometres from Kellestine's farm in southwestern Ontario.
Kellestine and five others each face eight first-degree murder charges for the slayings.
Sinopoli didn't laugh when Kellestine improvised a couple of lines to the song over the phone.
"Hold me close, kiss me, you homely little bastard," Kellestine sang. "Be mine tonight."
Kellestine sounded both jovial and hostile as he reminded Sinopoli to attend the meeting at his farm later that evening.
"Howdy doody, whadiya doin' Big Paulie," he asked of Sinopoli, who replied that he "could be better."
"You've been sick," Kellestine replied. "You're a sick man. Never mind you're sick. But I still love ya."
"I know, I know," Sinopoli said.
Kellestine complained he hadn't been called recently by Sinopoli.
"What's up, buds," he asked. "You don't love me no more?"
"I just been sick, bro," Sinopoli replied in a weary voice.
Kellestine said he had some visitors at his farm but suggested they would soon be leaving. "There's some people passing through town right now," he said. "They're not gonna be around for much longer."
Also charged are five Winnipeggers: Michael Sandham, 39, Marcello Aravena, 33, Brett Gardiner, 24, and Dwight Mushey, 41, and Frank Mather, 35.
Sinopoli was found in a sport utility vehicle by a field.
Also found were the bodies of Jamie Flanz, 37, of Keswick; John Muscedere, 48, of Chatham; George Jessome, 52, Luis Manny Raposo, 41, and George Kriarakis, 28, all of Toronto; Frank Salerno, 43, of Oakville; and Michael Trotta, 31, of Mississauga.
The intercepted conversations heard in court suggested Sinopoli almost escaped the bloodbath.
"I won't be making it tonight," Sinopoli told Muscedere at 3:33 p.m. on April 7.
But court heard that Sinopoli was repeatedly pressured by others to go that evening to Kellestine's farm.
Sinopoli had been saying for days he was too sick to attend, telling Flanz that he was feeling stressed and tired and was suffering from a bleeding ulcer.
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Threats, ominous hints, and serenade form wiretap evidence at Bandidos trial
By: Michael Oliveira, THE CANADIAN PRESS
LONDON, Ont. - Threats over outstanding debts, ominous hints about a "very important" meeting, and a serenaded warning about the time being "now or never" were intercepted by police in the days and hours before eight bodies were found in rural southwestern Ontario, court heard Tuesday.
The jury at the trial of six men charged in Ontario's largest ever mass slaying - the alleged first-degree murders of eight people connected to the Bandidos outlaw motorcycle club - heard a sequence of 28 phone calls that were gleaned from more than 60,000 that police eavesdropped on in the weeks leading up to the bloodbath.
The intercepts, dubbed "the victims' trip to the farm for a meeting" by the Crown, document increasingly insistent demands that several men attend a club meeting on April 7, 2006.
Early the next day, police found the victims'bodies stuffed in four vehicles in a farmer's field near Shedden, Ont.
Caught numerous times on tape was victim Paul Sinopoli, who complained in several calls of stomach pain and tried to talk his way out of going to "church," the meeting at Wayne Kellestine's farm.
"We just call it that because we meet once a week," he said of the group's meetings in one of the intercepted calls.
When Sinopoli told fellow victim Jamie Flanz that he planned to stay home on April 7, 2006, the response was a long silence.
Flanz finally let out a troubled, "oooh," and suggested that maybe Sinopoli should go out and also see a Tragically Hip cover band that was playing that night.
But Sinopoli insisted he couldn't go.
"I can't move, bro," he said.
Sinopoli also asked Flanz to gauge the anger of another victim, John (Boxer) Muscedere, who was apparently tiring of his complaints.
Flanz tried to put his friend's mind at ease and said, "They're always sayin' the same thing all the time, nothing ever happens."
In less than two hours, Sinopoli would receive a call telling him that Muscedere was "freaking out" and that his attendance at the farm was mandatory.
"Bro, uh, Boxer's freaking out, bro. You're on your last legs, you're almost out the door. So if I was you I'd get yourself to ... church tonight," said another victim, Frank (Bam Bam) Salerno, who also warned Sinopoli to bring money he owed to the meeting.
"You better bring it. Don't come there empty-handed, brother, and don't bother phonin'him and telling him you're sick.
"I'm telling you what to do. If you don't want to listen to me, that's your problem. Don't come crying to me after."
In another call with an unidentified man, Sinopoli is told: "It's very important everyone's there, so ... call everybody, tell 'em it's very important."
Sinopoli confirmed with Kellestine that he would attend but said he might be late for the 7 p.m. meeting.
Kellestine pressured him to hurry up, saying there were people awaiting his arrival, and confused the younger Sinopoli by breaking out into song.
"There's just some people passing through town right now. They're not going to be around for much longer. ... They're kind of (in a) hurry to get going. So we have two options. There's an old Roy Orbison song, 'It's Now or Never,"' Kellestine says, before starting to sing.
"'Hold me close, kiss me, you homely little bastard, be mine tonight."'
Resigned to having no choice but to attend, Sinopoli called a woman identified only as Stephanie, who court heard was involved with his drug dealings.
He spoke of his need to go the farm and a meeting she would soon have.
"These people aren't going to beat me up, are they?" she said with a nervous laugh.
He assured her that wouldn't happen.
The wiretaps end with a call around 10:18 p.m. as Flanz arrived at his destination and the meeting was presumably about to begin.
Flanz asked Muscedere to stay on the line before he entered the meeting, but the wiretaps don't capture what happened next.
The explosive evidence came as a result of another investigation into the December 2005 death of drug dealer Shawn Douse, which resulted in penitentiary terms for four men connected to the Bandidos.
Police sought taps on the phones of 14 primary and 15 secondary targets for that investigation, but ended up catching clues about the eight murders, which the Crown has characterized as an internal cleansing of the Bandidos.
None of the six accused had their lines tapped, but two of the victims did, as did others associated with the Bandidos.
Kellestine and his associates all knew not to talk too freely on the phone and spoke frequently in code, referring to others as "the old man," "other friend," and other pseudonyms.
As he signed off in a call with Sinopoli, Kellestine asked him to "keep the phone calls down to a minimum, please and thank you."
The jury was back in court Tuesday after a week off, and Justice Thomas Heeney gave jurors further instructions based on the Crown's opening statement.
Heeney reminded the jury that the opening was not evidence and only a set of allegations.
He also said the jury should come to its decision without prejudice or sympathy for any of the accused.
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More testimony in Bandidos trial
Tue, April 14, 2009
By LONDON FREE PRESS
Wayne Kellestine used an old Roy Orbison tune to make sure a meeting was about to happen.
"It's now or never," he sang to Paul Sinopoli on the cellphone just hours before eight Bandidos were shot to death.
The jury at the Bandido trial heard more wiretaps today from chats on the phone on April 7, 2006 in Toronto about the meeting at Kellestine’s farm, up to 10 p.m. when victims Jamie Flanz and John Muscedere spoke to each other while Flanz stood outside Kellestine’s farmhouse.
Kellestine’s voice and a barking dog could be heard in the background.
The eight men were found dead the next morning in vehicles along Elgin County’s Stafford Line.
Flanz and Sinopoli, were a targets in another police investigation called Project Douse, which allowed the police to tap into his and other victims' conversation.
The jury heard this morning Simopoli was suffering form a bleeding ulcer and told several of the victims he didn't intend to go to "church" that night.
He later explained to a woman that “church” was a club meeting.
He almost convinced the others he didn’t have to go. It was a call from victim Francesco Salerno that changed his mind.
He later was told by one of the men he was on "his last legs" and needed to attend the meeting. And he needed to bring money for dues.
“Don’t bother telling (Muscedere) you’re sick, just get yourself to church,” Salerno said.
Then Sinopoli spoke to Kellestine, who reminded him to be at the meeting at his Dutton-Dunwich farm.
The last conversation before the morning recess was between victim Frank Salerno and Pierre Aragon with Salerno ordering Argon to find "Taz", a nickname that the jury has been told belonged to Sandham.
The conversations between Flanz and Muscedere focused on getting to Kellestine’s farm together.
Before they arrived they planned to meet at a Tim Hortons along Highway 401 just west of Woodstock at the service centre.
Muscedere is heard becoming frustrated with Flanz’s inability to find the well-known roadside meeting place.
Cross-examination continues this afternoon.
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Bandidos' murder victim warned of 'bad reception'
BY: Peter Edwards
Source: thestar.com
April 14 2009
Canada - LONDON, ONT. – Murder victim Jamie Flanz was warned he was about to face a "bad reception" on the night of the biggest mass murder in Ontario history, a courtroom heard today.
"You're going to have some kind of a bad reception over there, so you might have to stay outside," Flanz, 37, of Keswick was cautioned by John Muscedere, the Bandidos Canadian president, at 10.10 p.m. on Fri., April 7, 2006.
Muscedere told Flanz to be careful as Flanz walked up the driveway of the farm of Wayne Kellestine, 59, of Iona Station, west of London..
The bullet-riddled bodies of Flanz, Muscedere and six others connected to the Greater Toronto Area Bandidos motorcycle club were found early in the morning of April 8, 2006, in the hamlet of Shedden, 14 kilometers from Kellestine's farm.
Kellestine, 59, and five others each face eight first degree murder charges for the slaying.
Also charged with eight counts of first degree murder are Winnipeggers Michael Sandham, 39; Marcello Aravena, 33, Brett Gardiner, 24, and Dwight Mushey, 41 and Frank Mather, 35, of no fixed address.
Also found in abandoned vehicles were the bodies of Paul Sinopoli, 30, of Sutton; George Jessome, 52, Luis Manny Raposo, 41, and George Kriarakis, 28, all of Toronto; Frank Salerno, 43, of Oakville and Michael Trotta, 31, of Mississauga.
Court heard a series of intercepted conversation, which suggested Sinopoli almost escaped the murders because he felt too sick to attend the meeting, called a "church" gathering by the outlaw bikers.
"I won't be making it tonight," Sinopoli told Muscedere, the Bandidos Canadian president, at 3.33 p.m. on April 7, 2006.
Court heard that Sinopoli was repeatedly pressured by others in the club to attend a meeting that evening at the Kellestine farm.
Sinopoli had been saying for days before the meeting that he was medically unfit to attend the meeting at Kellestine's farm, alternately called "church" and a "barbeque" in conversations that were intercepted by police.
On April 6, 2006, Sinopoli complained to Flanz that he was feeling stressed and tired and suffering from a bleeding ulcer.
Asked to describe how he felt, Sinopoli said he was "stressed beyond belief" and seeking medical help.
Also that day, Sinopoli told Jessome that he wouldn't likely attend the Friday night meeting.
"Brother, I've (expletive) been sick for the last couple of days," Sinopoli told Jessome.
In another intercepted conversation, from 2.33 pm on April 7, 2006, Sinopoli told Muscedere that he wouldn't be able to make the drive to Kellestine's farm for a club meeting that night.
"My ulcer's bleeding a lot," Sinopoli said. "The lining in my stomach's thinning out."
Muscedere sounded sympathetic, but said there were problems the club had to solve.
"We've got to sort some of this (expletive) out," Muscedere said.
Salerno pressured Sinopoli to get to the meeting, or run the risk of being kicked out of the club, court heard
"People are livid - freaking," Salerno told Sinopoli at 7.51 p.m. on April 7.
At 8.39 p.m., Sinopoli had clearly relented, and called to say he would be attending the meeting.
"I've got church tonight," Sinopoli said.
The trial continues.
------------------------------------------------
London Free Press: Special Reports: Bandidos Trial
MURDER TRIAL
Jury hears police wiretaps of Bandidos
Jane Sims
London Free Press
April 15, 2009
To stress how important it was for members of the Toronto Bandidos to come to a meeting near London, Wayne Kellestine broke into song.
"There are some people passing through town right now, they're not going to be around much longer," Kellestine told Paul Sinopoli in a cell phone conversation hours before Sinopoli and seven other Bandidos members were found shot to death along a rural road in Elgin County on April 8, 2006.
"They're . . . in a hurry to get going so we have two options," he said before breaking into what he said was "an old Roy Orbison song."
"It's now or never, Hold me close, " Kellestine sang. "Kiss me you homely little bastard. Be mine tonight."
Yesterday, after a week's hiatus, the jury at the Bandido trial heard the voices of several of the Toronto-area Bandidos as they made their way to Kellestine's farm on that day for a meeting.
The conversations, obtained by a police wire tap, covered the preliminary planning stages of the meeting right up to the front steps of Kellestine's Dutton-Dunwich home.
Kellestine, 59; and Frank Mather, 35, of Dutton-Dunwich; Brett Gardiner, 24, of no fixed address; and Michael Sandham, 39, Marcelo Aravena, 32, and Dwight Mushey, 41, all of Winnipeg have pleaded not guilty to eight counts of first-degree murder in the case the Crown has said is about lost loyalties and rival groups within the Bandidos in Canada.
The shooting victims were George Jessome, 52, of Toronto; George Kriarakis, 28, of Toronto; John Muscedere, 48, of Chatham; Luis Manny Raposo, 41, of Toronto; Frank Salerno, 43, of Etobicoke; Paul Sinopoli, 30, of Sutton; Jamie Flanz, 37, of Keswick; and Michael Trotta, 31, of Mississauga.
The phone conversations were part of an OPP wire tap for the Durham Regional Police investigating the murder of Keswick drug dealer Shawn Douse, who was found dead in December 2005.
OPP Det. Sgt. Jennifer Lockhart, who ran the wire room for the investigation, said Sinopoli and Jamie Flanz were some of their targets.
Through them police also were able to hear the voices of other Bandidos members who would die that night.
The conversation between Kellestine and Sinopoli pointed to a growing rift in the Canadian Bandidos chapter. Kellestine complained no one spoke to him anymore.
"What's up buds?" he asked. "Don't you love me no more?"
The conversations of April 6 and 7, 2006, first centred on a "barbecue" scheduled in downtown Toronto.
It soon became clear the group would be attending a "church" -- a name frequently used by biker gangs for their meetings -- that was planned at Kellestine's farm.
Sinopoli tried not to go. He told Flanz and Muscedere he had a bleeding ulcer and was under doctor's medication.
He also spoke to George Kriarakis, who told Sinopoli, "I don't think it's going to be too important."
But Francesco Salerno told Sinopoli the matters were urgent and he had to attend.
"You're on your last legs," he warned Sinopoli and ordered him to bring "dues" money.
During cross-examination of Lockhart, the jury also heard a wiretap conversation between Sinopoli and Alan Brake, a member of the Hells Angels, a rival gang of the Bandidos.
Sinopoli is heard calling Brake "brother" while they set up a meeting on March 31, 2006.
Gardiner's lawyer Christopher Hicks asked Lockhart if Douse's death "caused trouble between the Hells Angels and the Bandidos?"
The officer said she did not know.
The trial continues today.
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Bikers under police surveillance
Thu, April 16, 2009
Durham Regional Police were investigating a 2005 murder of a drug dealer
OPP Const. Perry Graham, on patrol in Elgin County the night of April 7, 2006, found it parked along the darkened rural road. He ran the licence plate and saw it was leased from the Toronto area. Then he walked up to the van's passenger window.
The window began to open as he approached. Graham identified himself as a police officer.
The man inside said he was a police officer, too.
Graham, who testified yesterday at the Bandido murder trial, had discovered part of a five-vehicle Durham Regional Police surveillance team that had been following two of the eight Toronto-area Bandidos who were found shot to death the following morning.
They were parked not far from the Dutton-Dunwich farm of Wayne Kellestine, 59, one of the six men who have pleaded not guilty to six counts of first-degree murder.
Along with Kellestine, Frank Mather, 35, also of Dutton-Dunwich; Brett Gardiner, 24, of no fixed address; and Michael Sandham, 39, Marcelo Aravena, 33, and Dwight Mushey, 41, all of Winnipeg are on trial in London.
The shooting victims were all believed to be connected with the Bandidos motorcycle club: George Jessome, 52, of Toronto; George Kriarakis, 28, of Toronto; John Muscedere, 48, of Chatham; Luis Manny Raposo, 41, of Toronto; Frank Salerno, 43, of Etobicoke; Paul Sinopoli, 30, of Sutton; Jamie Flanz, 37, of Keswick; and Michael Trotta, 31, of Mississauga.
They were found on April 8, 2006, in four vehicles along Stafford Line in Elgin County.
The head of the Durham surveillance team, Sgt. Gordon McDowell, testified the officers were covertly following a car from the Toronto area carrying Flanz and Sinopoli to Kellestine's farm along with a Volkswagen Golf.
The surveillance was part of an investigation into the December 2005 murder of Keswick drug dealer Shawn Douse. McDowell said there had been about 100 different surveillance shifts of numerous people.
On April 7, 2006, McDowell and his surveillance team began watching Flanz starting at 12:45 p.m. at his Keswick home.
Shortly before 6 p.m., Flanz drove to an address in Jackson's Point, where another police unit was watching Sinopoli.
The team of five followed the Infiniti down Hwy. 401 to Woodstock. When the SUV made a U-turn after turning off Sweaburg Road and back onto the 401 at about 9 p.m., McDowell said, the team "misplaced" the car.
About 30 minutes later, when McDowell was gassing up his car at the Esso service centre west of Woodstock, he saw both men sitting at the window of a restaurant with two other men.
Flanz and Sinopoli returned to the Infiniti, while the two other men got into a Volkswagen Golf.
They followed the Infiniti to Kellestine's farm on Aberdeen Line in Elgin County. The Golf and two more vehicles, including a tow truck, were seen going up the lane.
They boxed off potential exits on Aberdeen Line and stayed far back. They found out from the OPP wire room that was tracking cellphone calls that there were dogs on the property.
That's when Graham came across the mini-van that was part of the watch.
Graham, who knew of the Kellestine farm, came upon one of the five officers on the Durham team at about 11:30 p.m. He asked the officer to call him when the watch was ending so he could check on the area later.
About an hour later, the surveillance team ended their watch after McDowell said he determined there was nothing else for them to see that night.
The trial continues today.
---------------------------------
Ominous signs at Kellestine farm, jurors hear — read Bandidos Twitter updates here
Thu, April 16, 2009
By JANE SIMS AND KATE DUBINSKI, LONDON FREE PRESS
There were sinister signs of what happened in Wayne Kellestine’s ramshackle, junk-filled barn on Aberdeen line when OPP TRU team officers went in on Sunday, April 9, 2006.
On the dirty, dusty cement floor lay lawn mowers, pipes and buckets.
There were also reddish-brown stains smeared on the floor and small pools of liquid in the pits that dotted the old cement floor.
There was also what OPP Const. David Jones said “appeared to be a piece of flesh” about two centimeters long and bright blood spatter in an old wooden trough near a ladder that led to a loft.
Jones was the first police officer inside the barn after five people were taken into custody a day after eight men were found shot and stuffed into cars in rural Elgin County on Stafford Line.
He and seven other officers were assigned to clear the outbuildings on Kellestine’s property before investigators moved in.
Jones gave a detailed description of what he saw inside the “old and derelict” barn. Old fridges, freezers, coolers, couches, pipes, and generally what he described as “junk” was everywhere, making it difficult for officers to do a standard search.
“Everything looked old, dirty and dusty, Jones said.
But Jones also saw a bucket with a jug of bleach inside it. These two items, he said, were not dusty and old.
There were also two Confederate flags on the wall of the barn.
A radio scanner was found on top of a freezer and a piece of a walkie-talkie with the words “Fritz Sch” taped to the side of it was found outside at the back of the barn.
Jones and Const. Dean Croker also testified to seeing three people – two men, one woman – with buckets walking back and forth between the house and the barn in the hours before the arrests.
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Kellestine farm described for jurors
Fri, April 17, 2009
By KATE DUBINSKI AND JANE SIMS,LONDON FREE PRESS
The jury in the Bandidos trial got a closer look at Wayne Kellestine’s farm compound during testimony from two OPP officers who were part of the detail at the property following the discovery of eight dead men.
Two Tactics and Rescue Unit (TRU) officers described what they could see from their vantage points near Kellestine’s Dutton-Dunwich farm in the hours after the police had linked the shooting deaths to the property on April 8 and 9, 2006.
The jury was shown several photographs showing the white farmhouse, the fences and particularly the barn where the Crown has indicated where the fatal night began.
Const. Clare Shantz described watching the farm from his position with binoculars on Cowal Road on April 8, 2006.
He testified he saw two men walk out of the east door of the house and walk to a garage then return to the house. One was carrying a white bag and the other a tray.
They came out again and one man was seen searching along a fence line and “appeared to be looking for something,” Shantz said.
A photograph showed the fence line. In the foreground was a child’s swing set.
Both men were seen looking in the two cars parked near the house and headed to the barn.
They went inside, came out and headed to the west end of the building where Shantz said there was a cement water well.
One of the men — who had long, grey hair — went back to a beige car and was on his knees looking inside it.
There was also a search under the front porch. Later, he was seen walking down the laneway to lock a gate.
The next morning, Shantz said he saw three men carrying heavy plastic pails from the barn to the house.
Later on April 9, 2006, Shantz was at the farm shortly after five people in the house came out and were arrested. He said he searched and tie-wrapped Frank Mather.
He assisted in checking the outbuildings with other members of the TRU team.
He helped with barn and described seeing a browny-yellow floor that looked like it had been recently cleaned.
At one point, Shantz said he saw “what appeared to be brain matter” – that was about five centimetres long and on the floor.
Photos of the barn’s dilapidated exterior was shown to the jury. Shantz pointed out where he saw a walkie-talkie on the ground at the back of the building.
The jury also heard form Jon Goobie, another TRU officer, who watched the farm from a position northeast of the house on April 9, 2006. With his laser range finder, he measured he was 479 metres from the house.
He also saw three men go to the barn and two carried pails.
Goobie also saw dark smoke coming from the chimney for 19 minutes.
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Bandidos jury hears from wife of slain man
Tue, April 21, 2009
By JANE SIMS, AND JOHN MINER,LONDON FREE PRESS
Frank Salerno’s wife knew her husband had been a member of the Bandidos motorcycle club but she thought it was “like a member of a sewing club.”
“I didn’t know what it meant,” Stephanie Salerno testified yesterday.
Her husband, known as Bam Bam or Bammer, was one of eight men found shot to death on April 8, 2006 on a rural road in Elgin County.
All of them were associated with the Bandidos.
The woman was a Crown witness at the trial of six men who have pleaded not guilty to eight counts of first-degree murder — slayings, the Crown says that evolved from a deep rift within the motorcycle club and orders that patches had to be pulled from rogue members.
But Stephanie Salerno said she believed her husband wasn’t very involved, if at all, with the organization.
She knew he was involved with the Bandidos when they married on Oct. 12, 2002. “Part of the reason he loved me was he saw a better life,” she said.
The couple had an upscale home in Oakville, a dog and an eight-week old baby at the time of his death.
“He was very liked by all the neighbours and a terrific father for the time he had,” she said.
“He was a wonderful man.”
She denied knowing about the handgun found in his older model BMW that was found abandoned in a convenience store parking lot not far from their home.
And her explanation for their opulent dwelling was that her husband worked 50 to 60 hours a week washing trucks.
She told defence lawyer Christopher Hicks she was not present for conversations her husband had with victim Paul Sinopoli hours before their deaths or with Pierre Aragon, also known as Carlito, another Bandido member.
Stephanie Salerno described her final hours with her husband and her panic when he did not come home.
She last saw her husband on April 7, 2006. Her husband declared “I want to take my family out to dinner,”
They were on their way when his cellphone rang. Her husband’s cellphone had rung just after the couple made plans to go out.
Frank Salerno told his wife the call was from was his boss, Gabe, who asked him to come into work — a new job he had just started.
Stephanie Salerno said it wasn’t unusual for him to be called in on short notice. She encouraged him to go to work.
They ate at a Burger King restaurant and Stephanie Salerno said she felt sick.
The couple went home and Frank Salerno dropped her and their son off.
“Take care of your mommy,” he told his baby.
His wife realized he hadn’t taken his overalls. He left in their older model BMW that often broke down.
Stephanie Salerno said she woke up twice in the night to feed her son, and her husband wasn’t home.
On her way to work she saw his car parked just 10 minutes away, but couldn’t find her husband.
After she finished work, he still wasn’t home.
She filed a missing-persons report with Halton Regional Police.
The next day, she returned to the house from her parents’ home to retrieve clothing for her baby. She found a note on her door from “Carlos” or “Carlito.”
“If there’s anything I can do, give me a call,” it said.
Stephanie Salerno runs a hair salon and was just finishing a short maternity leave.
She testified she knew of Bandidos "T-shirts and stuff" found around the house, but the Bandidos people "were not part of their life."
Defence lawyer Christopher Hicks, who represents accused Brett Gardiner, suggested she was "wilfully blind" and their upscale lifestyle had been paid for from illegal funds generated from his biker activities.
"Not a penny," Stephanie Salerno said, noting all the credit cards were in her name.
The day before Frank Salerno was shot to death, she said she left her husband home with the baby while she ran errands.
When she finished, the couple was heading to dinner when Frank Salerno's cellphone rang. Salerno told his wife it was his boss, Gabe, calling him into work.
Frank Salerno dropped his wife and their son off at home before leaving. Stephanie Salerno testified she woke up twice in the night to feed her son and her husband wasn't home. She called his cellphone several times and there was no answer.
She filed a missing person's report late April 8, 2006.
Her testimony continues.
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BIKER DEATHS TRIAL
TheStar.com Ontario Bandidos defiant after ouster, trial hears
Bandidos defiant after ouster, trial hears
LONDON, Ont. — Three months before his murder, a Bandidos biker said life wouldn't be worth living, if Americans followed through with their threat to kick all Canadian members out of the outlaw motorcycle club, a mass murder trial heard.
"Our club is our life and there is nothing worth living for without it," John Muscedere, 48, of the Greater Toronto Area Bandidos said in an email to Bill Sartelle of the Bandidos Houston "Mother Chapter" or headquarters in January 2006.
He sent his email a week after he was told by email that he and the rest of the Canadian Bandidos were expelled from the international club.
Muscedere's email was introduced as evidence today in the trial of six men charged in the largest mass murder in modern Ontario history.
"I feel like a knife has been driven through my heart," Muscedere protested. "... There is no reason to take something the Canadian brothers value more than there (sic) life."
The bullet-riddled, beaten body of Muscedere, was found in an abandoned vehicle early on the morning of April 8, 2006, near a farmer's field near the hamlet of Shedden, about a half hour's drive west of London.
Also found shot to death and dumped in abandoned vehicles that morning were seven other men connected to the Greater Toronto Area Bandidos: Frank Salerno, 43, of Oakville; Jamie Flanz, 37, of Keswick: Paul Sinopoli, 30, of Jackson's Point; John Muscedere, 48, of Chatham; George Jessome, 52, Luis Manny Raposo, 41, and George Kriarakis, 28, all of Toronto and Michael Trotta, 31, of Mississauga.
Their Greater Toronto Area chapter of the Bandidos was nicknamed "The No Surrender Crew," and Muscedere vowed in the final months of his life that they would be true to their name and not quietly leave the club.
"Cut one we all bleed," Muscedere wrote in a Bandidos international message board. "I have been slashed. The No Surrender Crew will never surrender."
Court heard that Salerno described himself in an email to other Bandidos as "confused, dejected, emotionaly drained" when he got the news in an email from Sartelle on December 28, 2005, that the Canadians were no longer welcome in the international club.
Sartelle sent the Canadian bikers a terse email, telling them that the Americans were tired of trying to make contact with their Canadian "brothers."
The GTA bikers were ordered to return all club paraphernalia, including their club crests called the "Fat Mexican," a cartoon character of a Hispanic man brandishing a pistol and a machete.
"Canada charter is being pulled," Sartelle wrote the Canadian bikers. "Return all Bandido patches and property..."
Rather than quietly leave the club, the Toronto bikers instead tried to rally Bandidos from around the world to have an equal say on their fate.
"We would like a worldwide vote from all our brothers from around the world before we return our Bandido property," the Torontonians wrote in an email to bikers in Europe and Australia.
A January 16, 2006 email from Kriarakis noted that "Ontario is standing tall," indicating they were refusing to leave the club or return their paraphernalia, including club vests.
Kriarakis noted in an email to fellow club members in Texas that it was extremely difficult for them to go to the United States for club meetings.
"Give us a fair and reasonable chance," Kriarakis urged in an email.
Muscedere was more confrontational with the Americans.
"You are a peace (sic) of work," he told Sartelle by email.
Sartelle replied, ".. yes, I am a piece of work. And proud of who I am."
Another email, sent by Salerno on February 25, 2006, showed that the Toronto Bandidos were still refusing to quit the club, almost two months after they were ordered to leave.
Instead, they called for a "mandatory party" of Canadian Bandidos on March 18, 2006.
"We are Bandidos Canada," Salerno wrote. "Not Toronto or Winnipeg or Vancouver."
Bodies of the murdered bikers were found 14 kilometres from the farm of accused killer Wayne Kellestine, also a member of the GTA Bandidos.
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Bandidos jury to hear technical evidence today
Wed, April 22, 2009
By JOHN MINER, LONDON FREE PRESS
'Like . . . a sewing club'
After hearing that one of the slain bikers was a loving father and wonderful husband yesterday, the jury in the Bandidos murder trial today is expected to hear technical evidence today.
Yesterday the wife of shooting victim Frank Salerno testified she thought the Bandidos was much like a “sewing club.”
Stephanie Salerno denied that their upscale Oakville home was paid for by the proceeds from illicit activity.
This morning the jury is scheduled to hear testimony from OPP Det. Sgt. Bernard Miedema, who has been qualified as an expert witness.
Miedema’s specialty is in retrieving data hidden in computer files.
Salerno testified yesterday that her husband was always busy on his computer.
The words in capital letters spoke volumes about John (Boxer) Muscedere's state of mind.
"OUR CLUB IS OUR LIFE. THERE IS NOTHING WORTH LIVING WITHOUT IT," the Bandidos member wrote in an e-mail in early 2006.
Muscedere's words from the message flashed across the video screens in a London courtroom yesterday as part of an e-mail presentation for the jury at the Bandidos trial.
The basis of the Crown's case is that the men were shot after orders were given to pull their patches, the symbols of biker club membership, because of internal strife among Canadian Bandidos and conflict with their American counterparts.
The e-mail primer yesterday gave the jury a glimpse of what's expected today: a more detailed review of the computer correspondence between several Bandidos, pulled together by OPP Det. Sgt. Bernard Miedema, an expert in computer forensics.
There were terse e-mails from high-ranking American Bandidos angry at the lack of communication with their Canadian counterparts.
One e-mail from Dec. 28, 2005, from Bandido Bill -- identified by Miedema as Bill Sartelle, from Texas -- described how Bandidos USA had tried to communicate with their Canadian counterparts for a year and advised the Canadian Bandidos chapter "is being pulled."
Muscedere's responses were equally angry, calling Sartelle a "piece of work."
"There is no reason too (sic) take something the Canadian brothers value more than our lives," he wrote to Bandido Hawaiian Ken.
"I feel like a knife has been driven into my heart."
The trial continues today.
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Biker tensions took year to reach boil, emails reveal
Apr 23, 2009 06:55 PM
Peter Edwards
Staff Reporter
LONDON, Ont. – In the months before their murders, Toronto Bandidos bikers feared their clubmates more than traditional enemies like the Hells Angels, a mass murder trial heard today.
"Are we a dictatorship or a brotherhood?," John Muscedere, 48, asked in an email he sent to fellow bikers three months before his murder. "What have we become...?"
In another email sent in early 2006, Muscedere wrote to an American biker identified only as "Hawaiian Ken" that he felt betrayed by the club's Texas-based headquarters, or Mother Chapter.
In typically poor grammar, Muscedere wrote "Hawaiian Ken" that "my own brother have done what my enemies could never do without my death."
Muscedere was one of eight GTA bikers whose bullet-riddled bodies were found near the hamlet of Shedden early in the morning of April 8, 2006.
Another of the murdered Bandidos, Frank Salerno, 43, of Oakville wrote in an open email to Bandidos around the world that he felt betrayed to hear the Toronto Bandidos - known as the "No Surrender Crew" - were being kicked out of the international club because they lost contact with the club's Texas headquarters.
Salerno addressed his email to Bill Sartelle of the Bandidos in Texas, who had informed the Toronto bikers on Dec. 28, 2005 they were being expelled from the club.
"Bill, I don't know how we arrived at this point...," Salerno wrote. "What our adversaries have been trying to do for five years has been handed to them on a silver platter."
Also found in abandoned cars near Shedden were Paul Sinopoli, 30, of Jackson's Point, Jamie Flanz, 30,of Keswick, Michael Trotta, 31, of Mississauga and Torontonians George Jessome, 52, Luis Manny Raposo, 41, and George Kriarakis, 28.
Court heard that Manitoba members of a probationary Bandidos chapter quickly distanced themselves from the Torontonians when American Bandidos became angry.
"I am just hearing about a problem with Toronto," Michael Sandham of the Winnipeg Bandidos wrote to senior American Bandido Carlton Bare on January 4, 2006. "The day that I became part of this family was a great honour to me and my crew. I hope that this will not reflect on us. We have worked very hard out here for about a year and a half."
Sandham is one of six men charged with eight counts of first degree murder for the slayings.
He urged Bare to contact himself or another biker named "Wayne" if there were any troubles.
The bodies of the eight murdered bikers were found 14 kilometres from the farm of Bandidos member Wayne Kellestine, 59, of Iona Station, west of London. Kellestine is also charged with the murders, along with Winnipeggers Marcello Aravena, 33, Brett Gardiner, 24, and Dwight Mushey, 41 and Frank Mather, 35, of no fixed address.
Emails presented in court indicated that tensions simmered for more than a year between Canadian and American Bandidos before the murders.
At first, Raposo tried to reassure American bikers at the Bandidos "Mother Chapter" or headquarters in Houston that a lack of communication between the Canadians and Americans could easily be resolved.
Raposo emailed he Americans in November 2004 that "all is good but of course we have the odd problem (that could be) easily resolved."
Clearly, tensions between the Toronto bikers and the Texans had worsened by October 2, 2005, when Bill Sartelle of the Texas Bandidos emailed Raposo that the Americans were still frustrated by what they considered a lack of contact with the Canadians.
"There is no easy way to put this but, I have been instructed to contact someone in Canada and find out why we have been getting no contact," Sartelle emailed Raposo.
Sartelle makes it clear that the Americans are impatient with their Canadian biker "brothers."
"I want a hierarchy of who is still a Member in Canada and who questions should be directed to," Sartelle continues. "There is no time for non compliance (sic) with this e-mail... This must be remedied immediately."
The trial continues.-
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Jury sees e-mails showing rift in ranks of Bandidos
Thu, April 23, 2009
By JANE SIMS AND JOHN MINER,LONDON FREE PRESS
The jury at the Bandido trial is seeing e-mail correspondence indicating the growing divide between the top level American hedquarters and the Canadian chapter.
The first signs of problems begin in November, 2004, when the Americans were demanding answers from the Canadian counterparts about lack of contact.
A year later, the decision from the United States appeared clear in an e-mail sent out after months of frustration:
"To Whom It May Concern: For the past year or more, we BMC USA have attempted to make communications with Canada. We have directed face to face visits from whoever is in charge up there. Up till now there has been no visit from the proper person.
"It has been decided that due to a lack of communication Canada's charter is being pulled."
Bandido patches and property were ordered returned to Bandido Bill Sartelle in Texas.
"In approximately 30 days we will make notification to all that we no longer have a Chapter in Canada and that any person wearing our Patch in Canada is not sanctioned
The notice was dated Dec. 28, 2005.The jury saw reply e-mails from victim John “Boxer” Muscedere.
“Your a peac of work,” he wrote.
Sartelle wrote to Muscedere that “it is not my decision alone,” and demanded a personal meeting.
Muscedere e-mailed Bandido ‘Hawaiian Ken’ upset at the American decision.
“There is no reason too take something the Canadian brothers value more than there own lives,” he wrote.
“When a brother is down you reach out your hand too help him up not kick him.”
Muscedere said “I feel like a knife has been driven in my heart .
“Would you beleave it, my own brothers has done what my enemys could never do without my death.”
Another e-mail form victim Frank Salerno to Sartelle described how the tightening up of security at the U.S.-Canadian border had made it imposible for Muscedere — identified as the Canadian chapter president — to visit the Amercian chapter.
Salerno said Muscedere tried five times to get into the United States.
“Are we a dictatorship or a brotherhood?” he wrote.
Salerno wanted a worldwide vote taken before the Canadian Bandidos gave back any biker property.
Before the decree was made to pull the Canadian chapter, there was evidence that the Americans were trying to get information without much success.
There were demands for a membership list, dues and a request as to what happened to 60-plus patches sent to the Canadian group.
The e-mails over the year became more terse.
But there was one from Michael Sandham, one of the accused from Winnipeg, who said he didn’t know about the problems with the Toronto-based chapter.
“I hope that this not reflect on us, we have worked very hard out here for almost a year and a half. We are in the middle of the othersides exclusive area and have had to earn our status here in Manitoba.
“The day I became part of this family was a grat honor for me and my crew. I hope that we can work together to remedy this situation.”
The trial continues this afternoon.
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Emails show tensions between U.S. and GTA biker chapters
Apr 24, 2009 05:44 PM
Peter Edwards
Staff Reporter
LONDON, Ont.–Tightened American border security after the 9/11 terrorist attacks made it tough for Canadian and American members of the Bandidos outlaw biker club to meet face to face, a mass murder trial heard.
"What are we to do (sic)," Toronto Bandido Frank Salerno, 43, emailed a Texas Bandido identified only as "Pervert" on Jan. 16, 2006. "Since the 9/11 tradgedy (sic) our borders have tightened and anyone with a criminal record is undesirable."
Salerno is one of the eight members of the Toronto chapter of the Bandidos whose bullet-riddled bodies were found near the hamlet of Shedden early in the morning of April 8, 2006.
Emails released in court provide an inside look at the secretive, often angry inner politics of the world's second biggest outlaw motorcycle club. The Hells Angels club is the largest.
Court has heard that bikers in the Bandidos' Texas headquarters – or "Mother Chapter" – were increasingly incensed with the Greater Toronto Area Bandidos for not visiting them regularly, while the Canadians protested they were continually turned back at the border.
In late December 2005, the GTA Bandidos were told they were being kicked out of the international motorcycle club because they hadn't maintained contact with their biker "brothers" in Texas.
In his Jan. 16, 2006 email, Salerno protested to Pervert that the Canadians didn't deliberately snub the Americans, and noted that Canadian Bandidos president John (Boxer) Muscedere had tried five times to enter the U.S. to visit his clubmates.
"There must be another place in this world to meet," Salerno wrote Pervert.
"We have no problem getting into Mexico, Europe...You know getting to the U.S. is virtually impossible."
Muscedere's lifeless body was also found April 8, 2006, along with the bodies of Paul Sinopoli, 30, of Jackson's Point, Jamie Flanz, 30,of Keswick, Michael Trotta, 31, of Mississauga and Torontonians George Jessome, 52, Luis Manny Raposo, 41, and George Kriarakis, 28.
Three months before his murder, on January 6, 2005, Muscedere emailed the Texas Bandidos that the lack of communication wasn't one-sided, and that the American Bandidos didn't bother to come north to Canada for club functions, including funerals of murdered members.
"We are a Small yet fierce brotherhood. Of Twenty members we have managed to not only visit our American brothers while they are five hundred strong in the USA and have not managed to visit us once," Muscedere wrote.
Muscedere continued that he was unable to cross the border because of his criminal record, and the Americans wouldn't accept a delegate in his place.
Texas Bandido Bill Sartelle wrote Salerno on Jan. 6, 2006 to say that he did visit Canada to help set up the club, and was arrested by police.
"I was there when it started and spent several hours in the back of the police truck in the snow, remember?" Sartelle wrote.
He told Salerno that emails weren't enough for proper communication between the Canadian and American bikers.
"There are many conversations that need to take place... in person," Sartelle wrote.
Vehicles holding the eight murdered bikers were found 14 kilometres from the farm of Bandidos member Wayne Kellestine, 59, of Iona Station, west of London. Kellestine is also charged with the murders, along with Winnipeggers Marcello Aravena, 33, Brett Gardiner, 24, and Dwight Mushey, 41, and Frank Mather, 35, of no fixed address.
On May 6, 2006, Pervert emailed Sandham and another Canadian biker identified as "Carlito," and referred to Kriarakis by his nickname of "Crash" and Sinopoli as "Big Paulie".
"I wanted to let you know some Canadian police were down here in Texas for a few days gathering any info on our Canadian chapter," Pervert wrote. "As yall (sic) know we know nothing about Canada, and hopefully that will change. They are working on the murder cases. To be expected in a case that large with that much media. We told them everything we knew which is nothing other than we don't have a clue what goes on in Canada and we had only met like one that was still in the club "Crash" and no (sic) he is dead. Wanted to know if we knew big paulie and we didn't and unfortunately never will."
Sandham emailed Pervert on May 15, 2006, bubbling with enthusiasm.
"From now on Canada will be run the TRUE BANDIDO WAY!!," he wrote.
The same day, Pervert instructed him that the Bandidos are bikers, not criminals.
"Who we are not is CRIMINALS," Pervert wrote. "There may be a few scattered here and there like every org. but we are a motorcycle club with riding principals first. Being a criminal street gang and thug will only end with troubles."
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BANDIDOS TRIAL: It was four months before eight of them were shot to death
Angry e-mail exchanges preceded biker slayings
Jane Sims
London Free Press
April 24, 2009
The last straw for the Toronto chapter of the Bandidos seemed to break four months before eight of them were shot to death.
"It has been decided that due to a lack of participation, Canada's Charter is being pulled. Effective immediately," was the message from the Bandidos' American headquarters in Texas.
"In approximately 30 days we will make notification to all that we no longer have a Chapter in Canada and that any person wearing our Patch in Canada is not sanctioned."
An array of e-mails, beginning in November 2004, was shown to the jury yesterday at the trial of six men who have pleaded not guilty to eight counts of first-degree murder.
The eight victims were associated with the Toronto chapter of the Bandidos motorcycle club.
Their bullet-riddled bodies were found on April 8, 2006, on a rural Elgin County road.
The correspondence shown yesterday shed some light on the failing loyalties and conflicts between the Toronto chapter and Bandido headquarters and the troubles between Toronto and the fledgling Winnipeg chapter.
The Texas e-mails expressed frustration with Toronto's minimal contact with the Americans. They wanted to know what had happened to the 60-plus patches sent to them and where the money was for dues. They demanded regular communication and a face-to-face meeting.
But members of the Toronto chapter insisted they had tried to fulfil their obligations and they found it difficult to enter the United States because of strict border regulations after the Sept. 11, 2001, terror attacks.
Muscedere, the chapter president, had tried to cross the border five times.
"He was turned down every time and the last time detained until he was deemed an undesirable and escorted back to Canadian soil," Salerno wrote to Bandido Bill Sartelle in Texas in January, 2006.
In an e-mail from the No Surrender Crew -- the name given to the Toronto chapter -- there was a call for a worldwide vote before returning any Bandidos property.
"As a whole we still whole heartedly believe as the No Surrender Crew that it is better to die on out feet then (sic) live on our knees," it said.
Muscedere e-mailed Bandido Hawaiian Ken, upset at the American decision.
"Would you beleave (sic) it, my own brothers has(sic) done what my enemys (sic) could never do without my death."
Before the decree was made to pull the Canadian chapter, there was evidence the Americans were trying to get information about what was happening north of the border, but without much success.
Michael Sandham, one of the accused from Winnipeg, told Texas in an e-mail he didn't know about the problems with the Toronto-based chapter. "I hope that this not reflect on us, we have worked very hard out here for almost a year and a half. We are in the middle of the othersides (sic) exclusive area and have had to earn our status here in Manitoba. The day I became part of this family was a great honor for me and my crew. I hope that we can work together to remedy this situation."
One unusual romantic e-mail was found in a computer at Wayne Kellestine's home dated April 5, 2006, just days before the killings.
The Crown alleges Brett Gardiner wrote a love poem to a person called Jessica. "We kissed and held each other very near; The beatings of our hearts was all we could hear; Then we walked away, hand-in-hand; We had just entered dreamland," part of it read.
With Sandham and Gardiner, the accused are Kellestine, 59, and Frank Mather, 35, Dutton-Dunwich; and Marcelo Aravena, 33, and Dwight Mushey, 41, of Winnipeg.
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Sandham sold self as saviour of chapter
Sat, April 25, 2009
By Jane Sims
Michael Sandham portrayed himself as the guy in charge and the Bandido biker with the plan to save the organization in Canada.
A month after eight men connected to the Toronto chapter of the gang were found shot to death in Elgin County on April 8, 2006, Sandham was busy dissing a remaining Toronto Bandido, recruiting more members for the Winnipeg chapter and schmoozing with the American superiors to boost his status within the organization.
He used e-mail addresses with aliases, switching back and forth in a trail shown to the jury yesterday at the first-degree murder trial of six men, including Sandham.
Everything began to crumble in early June 2006 after Sandham went to Texas to visit Bandido leaders. They discovered Sandham, known as Bandido Taz, was an ex-police officer.
"Taz was here in Houston last week. Within 10 hours of meeting him, the OPP and Biker Enforcement Unit from Canada was at my door," wrote "Bandido Jeff" in a stern e-mail ordering the suspension of all Bandido membership in Canada.
"As it turns out, Taz is or was a police officer in Winnipeg. When asked about it, he said 'Everybody in Toronto knew about it and didn't have a problem with it.' WE DO NOT HAVE OR NEVER WILL HAVE COPS OR EX-COPS IN OUR CLUB!!!"
Through the testimony of OPP Det. Sgt. Bernard Miedema, a computer forensics expert, the jury was shown the correspondence that hinted at the ultimate downfall of the Canadian biker gang.
The e-mails show Sandham was recruiting to the Winnipeg chapter, collecting money and charting a new Bandido club course in May 2006.
Meanwhile in Toronto, a Bandido known as Carlito, identified to the jury as Pierre Aragon, was trying to salvage what was left of the No Surrender Crew -- the name given to the Toronto chapter -- and find more members.
And both Sandham and Aragon were trying to denigrate the other in the eyes of their American superiors.
All appeared to be bewildering to the Americans, who seemed at a loss as to why two members of their brotherhood were at each other's throats.
Carlton Bare, known as Bandido Pervert in Texas, was told Aragon and others who had been in the Toronto chapter never owned motorcycles and did not ride, a direct violation of the group's bylaws.
The trial continues Tuesday.
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Twelve computers seized from Kellestine farm, jury told
Tue, April 28, 2009
By JANE SIMS
LONDON FREE PRESS
Twelve computers were seized from Wayne Kellestine's farm house in the days following the shooting deaths of eight men, a jury was told Tuesday.
That was one of the revelations during a cross-examination of an expert witness who sourced the voluminous e-mails presented at the Bandidos trial of six men who have pleaded not guilty to eight counts of first-degree murder.
OPP Det. Sgt. Bernard Miedema, who returned to the witness box after two days of testimony last week, said he could attest to the accuracy of the printed material he was given to assess, but he couldn't vouch whether the messages were true, accurate or complete. The volume of e-mails hints at the growing rifts within the Bandidos motorcycle club in the months before the eight members of the Toronto chapter, known as the No Surrender Crew, were found shot to death on a quiet Elgin County Road.
Kellestine, 59, and Frank Mather, 35, of Dutton-Dunwich; Brett Gardiner, 24, of no fixed address; and Michael Sandham, 39, Marcelo Aravena, 33, and Dwight Mushey, 41, of Winnipeg have pleaded not guilty to eight counts of first-degree murder. The shooting victims were George Jessome, 52, George Kriarakis, 28, John Muscedere, 48, Luis Raposo, 41, Frank Salerno, 43, Paul Sinopoli, 30, Jamie Flanz, 37, and Michael Trotta, 31.
The Crown alleges the men were shot at Kellestine's farm and driven to Stafford Line where they were found on April 8, 2006.
Gardiner's defence lawyer Christopher Hicks focused in on a love poem found on one of the computers taken from Kellestine's house. The Crown contends the poem was written by Gardiner.
Hicks suggested the computer was seized from Kellestine's young daughter's room.
Miedema said he could not confirm where in the house the computer was, and was only called upon to analyse the data. A photograph of the room showed an upstairs bedroom with some stuffed dolls.
The e-mail address was evolution_bull@hotmail.com, an address the Crown says was Gardiner's. Miedema told Hicks he could not come to a conclusion about the e-mail. Hicks also suggested to Miedema that there is a Shane Gardiner involved in the case. The jury also got a look at a short video from the London Airport from late March 2006, just days before the deaths, showing the arrival of Aravena on a Westjet flight. Other accused could be seen picking him up. The trial continues today.
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Victim asked to be buried in Bandidos club vest
Thu, April 30, 2009
Jury views several exhibits
By JANE SIMS, LONDON FREE PRESS
The knock on the door from the police was to tell Paul Sinopoli's parents in Jacksons Point, north of Toronto, of their son's violent death.
His parents already had surmised the tragic truth -- his mother had recognized her large son in news reports as one of eight men found dead the day before, along Elgin County's Stafford Line on April 8, 2006.The couple took Durham Regional police Det. Tom Dingwall, a homicide detective who testified yesterday in London at the first-degree murder trial of six men, to their son's bedroom.His parents had gathered up a bin full of items they believed the police would want to see.
The Superior Court jury saw some evidence yesterday, much related to the Bandidos motorcycle club Dingwall said Sinopoli and Flanz were already under police investigation for the murder of Keswick man Shawn Douse. Sinopoli's mother handed over the items willingly.
"She wanted to know the truth about what happened to Paul and if he was involved in the murder of Shawn Douse," Dingwall said.
He testified he didn't know how much evidence he had until he looked through the bin.Sinopoli's birth certificate and phone bills were shown to the jury, along with Bandido patches, jewelry and business cards. Photographs of Sinopoli's "very large" Bandidos vest were put up on the video screen. Dingwall said the police gave the vest back to the family after police processed it, so his final wishes could be met."Paul Sinopoli wished to be buried in his vest," he said.
Dingwall presented a large group of documents, some typed and some handwritten. There were Bandidos personal information forms for himself, Cameron Acorn, Wayne Kellestine, and victim John Muscedere.Also found was a handwritten piece of paper with information about Eric Niessen, describing him as a "hangaround", starting Sept. 29, 2004. There were three pages of Bandidos bylaws, an instruction sheet for patch placement on a vest and a price list for patches.Sinopoli had an expired permit to carry a restricted weapon that ran out in 1997. It was part of his requirement for a former job as a security guard.
Dingwall showed a six-page list of Bandido "El Secretarios" in a USA Secretary List. He described a large number of notes, mostly handwritten, that appeared to be minutes of meetings held by the Bandidos chapter in Toronto. The lists included names of victims and a couple of the accused.
"Boxer brought up Bob and Paul as Canada and brought up Winnipeg," read a March 3, 2003 entry. "Irish has a list of prospect duties," read one from Feb. 4, 2005."Wayne talked about london (sic) and issues in london (sic)," said a note from the April 10, 2005 minutes.
There were notes about men getting patches, moving up to probationary status and paying dues.
"Everyone needs a bike or out of the club," read a notation attributed to "Boxer," Muscedere's nickname.
"Chopper spoke about incident in london (sic), read part of the minutes from Aug. 21, 2005.
Sinopoli also had a collection of Bandidos motorcycle club Christmas cards from around the world. Dingwall also showed some Bandidos-related items found at Flanz's Keswick townhouse during searches Feb. 3, 2006 -- two months before the deaths-- then on April 12 and April 26, 2006. One item was a business card for Triple K Securities. "Ask for Wayne," it said. On the back was written WayneK SS 1%er.
The jury also heard a collect phone call made by Gardiner after his arrest, calling Amy Gardiner and asking her to search the Internet for various Bandidos websites and information. "I'm starting to get annoyed," Gardiner said. "People are telling me (expletive). I can't believe no one now, you know."
The trial continues today.
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Bandido suspected of being police officer, trial hears
Crime Stoppers
Apr 28, 2009 08:51 PM
Peter Edwards
Staff Reporter
LONDON, Ont.–LONDON, Ont.-Accused mass murder Michael (Taz) Sandham impersonated another outlaw biker on the Internet to send out glowing underworld references for himself, court heard today.
Court heard that Sandham, 37, used an email address almost identical to that of fellow Winnipeg Bandido Dwight (D) Mushey, 41, so that he could impersonate Mushey in online conversations with other outlaw bikers. They are among six people charged in the April 8 slaughter of eight men connected to the Bandidos.Biker emails introduced as evidence provide an inside look into the secretive, often-turbulent inner world of the gang in the months before and after the bullet-riddled bodies were found in abandoned vehicles on April 8, 2006 near a cornfield outside the hamlet of Shedden, west of London.Mushey, a massive, pony-tailed man in a well-tailored sports jacket, glowered as the emails were introduced as evidence during the testimony of Det.-Sgt. Bernard Miedema, an Ontario Provincial Police computer expert.Sandham, a smallish, balding former Winnipeg-area police officer, sat out of Mushey's line of sight, at the far end of the prisoners' box.
In one email introduced in court, Sandham pretends to be Mushey when he emails Bandido Pierre (Carlitto) Aragon of Oakville.
"Hey Carlitto," Sandham emails Aragon on June 7, 2006. "it's (sic) D here. Things are really (expletive) up. For one thing, Taz is not a cop nor has he ever been one."Police officers and former police officers are barred from membership in the biker club.In the email, in which Sandham pretends to be Mushey, Sandham gave a glowing reference for himself."Two of us have known him since he was in the Army a total of 16 years," Sandham emails Aragon. "... We back him 100% and have good reasons too. He doesn't keep anything from us."
In another email, Sandham poses as Mushey - or "Bandido D" - to a senior American Bandido known as "Bandido Pervert," based in Texas.
That email was sent the same day the Texans in the Bandidos told the Canadians that they had been kicked out of the outlaw biker club.
"Hello Bandido Pervert," Sandham writes, posing as Mushey. "what just happened? Taz is not a cop nor was he ever a real one, VERY FAR from it. Two of use have known him since he was in the Army, he is not a cop!" Sandham and Mushey each face eight first-degree murder charges, along with fellow Winnipeggers Marcello Aravena, 33, and Brett Gardiner, 24, and Wayne Kellestine, 59, of Iona Station and Frank Mather, 35, of no fixed address.
Found shot to death were John Muscedere, 48, of Chatham; Frank Salerno, 43, of Oakville; Jamie Flanz, 37, of Keswick: Paul Sinopoli, 30, of Jackson's Point; George Jessome, 52, Luis Manny Raposo, 41, and George Kriarakis, 28, all of Toronto and Michael Trotta, 31, of Mississauga. The bodies were found 14 kilometers from Kellestine's farm.
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Slain Bandido lived modestly, court hears
Apr 30, 2009 12:54 PM
Peter Edwards
Staff Reporter
LONDON, ONT. – Murdered Bandidos biker Paul Sinopoli lived modestly in a basement apartment in his parents' home in Jackson's Point, a mass murder trial heard. "He certainly didn't appear to be living a lavish lifestyle," Det. Tom Dingwall of Durham Regional Police testified today.
"It was a very plain room for the most part," Dingwall said in the trial of six men accused of murdering Sinopoli, 30, and seven other men connected to the Greater Toronto Area chapter of the Bandidos Motorcycle Club, nicknamed "The No Surrender Crew."
Sinopoli's bullet-riddled body was found in an abandoned sport utility vehicle on the morning of April 8, 2006, left near the hamlet of Shedden.
No guns, drug paraphernalia or items of much value were found in Sinopoli's room, court heard.
There were scattered papers related to his position as secretary-treasurer of the Toronto chapter of the club, with brief notations by the names of members. By the names of members who were promoted within the club was the notation, "owes a case of beer."
Sinopoli appeared to have three cellphone accounts, and there were also two black leather vests with the "Fat Mexican" crest of the Bandidos club. One of the club vests was massive, belonging to Sinopoli, whose was estimated to have weighed around 400 pounds.
The ownership of the other vest was unknown, Dingwall said. The massive vest was returned to Sinopoli's family, so that he could be buried in it, Dingwall said. "It was Paul's wish to be buried in the vest," Dingwall testified.
Found near Sinopoli's body in other abandoned vehicles were the bodies of Jamie Flanz, 37, of Keswick: John Muscedere, 48, of Chatham; George Jessome, 52, Luis Manny Raposo, 41, and George Kriarakis, 28, all of Toronto; Frank Salerno, 43, of Oakville; and Michael Trotta, 31, of Mississauga.Court heard that Durham Regional Police had been investigating Sinopoli for playing a role in the December 2005 murder of Shawn Douse of Keswick.Assistant Crown Attorney Fraser Kelly asked Dingwall if Douse has been an associate or member of the Hells Angels, the world's largest outlaw motorcycle club."Absolutely not," Dingwall replied.Court has heard that Sinopoli had a friendly relationship with some York Region Hells Angels.
The police investigator said that the Douse murder was rooted in personal tensions between Cameron Acorn of the No Surrender Crew and Douse."The dispute involved Shawn Douse providing drugs to Cameron Acorn's girlfriend's sister," Dingwall replied.
Facing eight first degree murder charges each are GTA Bandido Wayne Kellestine, 59, of Iona Station, west of London; Winnipeggers Michael Sandham, 39, Marcelo Aravena, 33, Brett Gardiner, 24, and Dwight Mushey, 41; and Frank Mather, 35, of no fixed address.
The trial continues.
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Bandidos gang had all kinds of rules, jury hears
Tue, May 5, 2009
By JANE SIMS, LONDON FREE PRESS
For a group of men who don't want to live by the rules of society, the Bandidos have a lot of rules.
Lists of bylaws and a Bandidos creed were introduced to the jury at the Bandido trial today that outlined what it meant to be a member of the motorcycle club.
OPP Det. Const. Craig Pulfrey from the provincial biker enforcement unit is testifying at the trial of six men who have pleaded not guilty to first-degree murder in the deaths of eight Bandido bikers found shot to death along an Elgin County Road on April 8, 2006.
Pulfrey is offering his expert opinion — his specialty is the Bandidos — and guiding the jury through a crash course on the rules and regulations of the club.
Pulfrey was not part of the investigation before the court. He was kept an arm's-length away so he could assess the information gathered at trial.
Pulfrey, who has been with the unit since 1998, described attending several "runs" — where bikers ride together in a show of strength — funerals and other parties.
He has checked attendees at parties as they arrive, handled police agents providing information, had covert meetings with confidential sources, done surveillance and undercover work and given instruction to other police officers.
He told the jury through questions from assistant Crown attorney Fraser Kelly, he is well-versed in the Bandidos culture.
Some of the terms Pulfrey reviewed were:
— the "patch," the name given to a fully patched vest of a full member that is considered "the most important item in the world." The patch is not availabel to the public and can only be purchased through national headquarters in Texas. There are strict guidelines as to how the patches were to be placed on a leather vest.
— a 1%er, a moniker adopted by members of motorcycle clubs to signify they are the one-percent of the population that lives outside the law. A 1%er patch is placed over the heart of a full member's vest.
— Probationary and prospect members, who are not full-patch members trying to attain their full membership. Prospect members are at the entry level and are at "the beck and call" of full-patch members. "The expectation is that he is to complete any task given to him," said Pulfrey.
— "No colours in a cage," meaning a Bandido can't wear their full patch inside a closed vehicle.
— BFFB which means Bandidos Forever Forever Bandidos
Pulfrey said he saw some of the victims in the case at some of the events he attended as part of his investigative work.
He began attending Bandido international runs in Red River, New Mexico in 2000 and listed other runs in Colorado, Arizona and South Dakota.
He was there when the Canadian Bandidos were given their Probationary Bandido status.
In 2001, in Kingston, when the Canada chapter was given full-chapter status, Pulfrey was part of a police detail that led to the arrest of some Americans, including a Bandido named Edward Winterhaller, also known Connecticut Ed.
Pulfrey was in Quebec for the funerals of Robert Leger, known as Bandido Tout Tout and Sylvain "Bandido Sly" Gregoire.
Pulfrey also described seeing victims Kriarakis, Muscedere and Sinopoli at the funeral of Joey Campbell, known as Bandido Crazy Horse, in Edmonton.
Pulfrey described a long conversation with U.S. national president Jeff Pike at one of the American runs.
Pulfrey also told the jury he was in Edmonton when another group, the Death's Hand, became a probationary chapter of the Bandidos. Pulfrey noted it appeared the Bandidos did not have enough membership patches because they were given only Bandido T-shirts.
Pulfrey also noted a document taken from Mushey's home showing the dimensions of patches that indicated to Pulfrey that they were "patches to be made."
Six men have pleaded not guilty to first-degree murder — Wayne Kellestine, 60, and Frank Mather, 35, of Dutton-Dunwich; Brett Gardiner, 24, of no fixed address; and Michael Sandham, 39, Marcelo Aravena, 33, and Dwight Mushey, 41, of Winnipeg.
The shooting victims were George Jessome, 52, George Kriarakis, 28, John Muscedere, 48, Luis Raposo, 41, Frank Salerno, 43, Paul Sinopoli, 30, Jamie Flanz, 37, and Michael Trotta, 31.
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Biker expert testifies at Bandidos trial
May 05, 2009 01:22 PM
Peter Edwards
Staff Reporter
LONDON, Ont. — Accused mass murderer Wayne Kellestine said old ladies and children have nothing to fear from outlaw bikers like himself, a murder trial heard.
"It's a code of honour of the society that we live in that old ladies and children aren't to be .. molested," Kellestine said in a conversation with a police officer, after he was arrested and charged with eight counts of first degree murder.
The words of Kellestine, 60, were revealed to the jury today during the testimony of Ontario Provincial Police biker expert Det. Const. Craig Pulfrey, who has monitored the Bandidos Motorcycle Club for a decade.
Pulfrey told court that Kellestine's "society" was that of outlaw motorcycle clubs, who call themselves "one per centers" because they consider themselves to be the one per cent of motorcycle riders who chose to live outside of the law.
"It's like a religion," Pulfrey said. "A total way of life. It's not just what you decide to do. It's who you are."
Court heard that murder victim John Muscedere, 48, of the Greater Toronto Area Bandidos had "1 %" tattooed over his heart.
To wear a "1 %" patch or tattoo, or to sign "1 %" after your name, you have to be a proven full member of an outlaw motorcycle club, Pulfrey told court.
"It's very serious in this subculture," Pulfrey told the court.
Muscedere's bullet-riddled body was found in an abandoned vehicle early in the morning of April 8, 2006, near the tiny hamlet of Shedden, west of London.
Also found in vehicles left by a farmer's field were the murdered bodies of Paul Sinopoli, 30, of Jackson's Point; Jamie Flanz, 37, of Keswick: John Muscedere, 48, of Chatham; George Jessome, 52, Luis Manny Raposo, 41, and George Kriarakis, 28, all of Toronto; Frank Salerno, 43, of Oakville and Michael Trotta, 31, of Mississauga.
Court heard that full club members are considered to have their "patch," meaning they've earned the right to wear the club's logo on their backs and to sign "1 %" after their names.
Court heard from an email written by Kellestine in which he explained that members were demoted in outlaw motorcycle clubs from full "patch" status for good reasons.
"I'd like to mention something here about .. old school and what I believe An MC (motorcycle club) is ... : HEART AND LOYALTY. Have it or (expletive) off. Need I say more. Brother if someone should lose their patch and be demoted to Prospect, there is a reason for that. You (expletive) up."
Facing eight first degree murder charges each are Bandidos Wayne Kellestine, 60, of Iona Station, west of London; Winnipeggers Michael Sandham, 39; Marcelo Aravena, 33, Brett Gardiner, 24, and Dwight Mushey, 41 and Frank Mather, 35, of no fixed address.
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Bandidos gang had all kinds of rules, jury hears
Tue, May 5, 2009
By JANE SIMS, LONDON FREE PRESS
For a group of men who don't want to live by the rules of society, the Bandidos have a lot of rules.
Lists of bylaws and a Bandidos creed were introduced to the jury at the Bandido trial today that outlined what it meant to be a member of the motorcycle club.
OPP Det. Const. Craig Pulfrey from the provincial biker enforcement unit is testifying at the trial of six men who have pleaded not guilty to first-degree murder in the deaths of eight Bandido bikers found shot to death along an Elgin County Road on April 8, 2006.
Pulfrey is offering his expert opinion — his specialty is the Bandidos — and guiding the jury through a crash course on the rules and regulations of the club.
Pulfrey was not part of the investigation before the court. He was kept an arm's-length away so he could assess the information gathered at trial.
Pulfrey, who has been with the unit since 1998, described attending several "runs" — where bikers ride together in a show of strength — funerals and other parties.
He has checked attendees at parties as they arrive, handled police agents providing information, had covert meetings with confidential sources, done surveillance and undercover work and given instruction to other police officers.
He told the jury through questions from assistant Crown attorney Fraser Kelly, he is well-versed in the Bandidos culture.
Pulfrey said he saw some of the victims in the case at some of the events he attended as part of his investigative work.
He began attending Bandido international runs in Red River, New Mexico in 2000 and listed other runs in Colorado, Arizona and South Dakota.
He was there when the Canadian Bandidos were given their Probationary Bandido status.
In 2001, in Kingston, when the Canada chapter was given full-chapter status, Pulfrey was part of a police detail that led to the arrest of some Americans, including a Bandido named Edward Winterhaller, also known Connecticut Ed.
Pulfrey was in Quebec for the funerals of Robert Leger, known as Bandido Tout Tout and Sylvain "Bandido Sly" Gregoire.
Pulfrey also described seeing victims Kriarakis, Muscedere and Sinopoli at the funeral of Joey Campbell, known as Bandido Crazy Horse, in Edmonton.
Pulfrey described a long conversation with U.S. national president Jeff Pike at one of the American runs.
Pulfrey also told the jury he was in Edmonton when another group, the Death's Hand, became a probationary chapter of the Bandidos. Pulfrey noted it appeared the Bandidos did not have enough membership patches because they were given only Bandido T-shirts.
Pulfrey also noted a document taken from Mushey's home showing the dimensions of patches that indicated to Pulfrey that they were "patches to be made."
The trial continues this afternoon
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Bandidos creed big on club rules
Wed, May 6, 2009
By JANE SIMS, LONDON FREE PRESS
For a bunch of guys who don't want to live by the rules of society, the Bandidos have a lot of rules.
It's not just a motorcycle club for enthusiasts, but a way of life and a religion of sorts that requires strict adherence and reverence.
The tenets of that organized faith were reviewed yesterday by a police officer with expertise in motorcycle clubs and a special interest in the Bandidos.
Lists of bylaws and a Bandidos creed that identifies a Bandido as someone "who has given up on society and politicians' one-way laws" were introduced to the jury at the Bandidos trial by OPP Det. Const. Craig Pulfrey from the provincial biker enforcement unit.
"All members are your brothers and your family," one line of the creed reads.
Pulfrey was testifying at the trial of six men -- Wayne Kellestine, 60, and Frank Mather, 35, of Dutton-Dunwich; Brett Gardiner, 24, of no fixed address; and Michael Sandham, 39, Marcelo Aravena, 33, and Dwight Mushey, 41, of Winnipeg -- who have pleaded not guilty to first-degree murder in the deaths of eight Bandido bikers found shot to death along an Elgin County Road April 8, 2006.
The shooting victims were George Jessome, also known as Jesso, 52, George Kriarakis, 28, John Muscedere, 48, Luis Raposo, 41, Frank Salerno, 43, Paul Sinopoli, 30, Jamie Flanz, 37, and Michael Trotta, 31.
Pulfrey, a member of the biker enforcement unit since 1998, guided the jury through a course on the rules of the club -- expertise he collected after immersing himself in biker culture and watching their activities.
He has been to more than 30 "1%er" or outlaw motorcycle club functions.
He described attending several "runs" -- where bikers ride together in a show of strength -- funerals and other parties in Canada and the United States. He has checked attendees at parties as they arrive, handled police agents providing information, had covert meetings with confidential sources, done surveillance and undercover work and given instruction to other police officers.
And he identified some of the victims he had watched or spoken to.
"It's like a religion," he told the jury.
Some of the terms Pulfrey reviewed were:
-- The "patch," or "colours," the name given to a fully patched vest of a full member that is considered "the most important item in the world." The patch is not available to the public and can only be purchased through national headquarters in Texas. There are strict guidelines on placing a patch on a leather vest.
-- A 1%er, a moniker adopted by members of motorcycle clubs to signify they are the 1% of the population that lives outside the law, a term coined after the Second World War at a American Motorcycle Association rally.
BANDIDO RULES
- Prospect members are not full-patch members but are trying to attain full membership. They are at the entry level for one year and are at "the beck and call" of full-patch members. "The expectation is that he is to complete any task given to him," said OPP Det. Const. Craig Pulfrey.
- Probationary members are not full members who are either brought up from prospect or have been busted down from full patch and must earn their way back.
- Hangarounds and associates are men trusted by members and allowed to hang around the clubhouse. "Not just anyone is allowed in the Bandido circle," Pulfrey said.
- Support or puppet clubs are overseen by the chapter and are "completely subservient to the Bandidos," Pulfrey said. They do business for the club and are used to draw future members.
- "No colours in a cage" means a Bandido can't wear the full patch inside a closed vehicle.
- BFFB means Bandidos Forever Forever Bandidos.
- "Red and Gold," the Bandido colours.
- Chapters have their own president, vice-president, secretary-treasurer, sergeant-at-arms and road captain. Toronto had a chapter that was under Canadian national chapter. Canada reported to the United States in Texas.
- Church is a weekly meeting to discuss club business. A Bandido faces fines for missing them.
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Evidence points to 'mutiny' within ranks of Bandidos, jury hears
Wed, May 6, 2009
By JANE SIMS, LONDON FREE PRESS
Bandidos creed big on club rules
When times were good, the Bandidos were a brotherhood.
But when the order was made to pull the plug on the club's Canadian chapter, there were indications of "a mutiny," an OPP biker expert testified today at the Bandidos trial.
Det. Const. Craig Pulfrey continued his expert testimony this morning and assessed correspondence and evidence connected to both the victims and the accused.
Six men have pleaded not guilty to first-degree murder — Wayne Kellestine, 60, and Frank Mather, 35, of Dutton-Dunwich; Brett Gardiner, 24, of no fixed address; and Michael Sandham, 39, Marcelo Aravena, 33, and Dwight Mushey, 41, of Winnipeg.
The shooting victims were George Jessome, 52, George Kriarakis, 28, John Muscedere, 48, Luis Raposo, 41, Frank Salerno, 43, Paul Sinopoli, 30, Jamie Flanz, 37, and Michael Trotta, 31.
Pulfrey was commenting on a string of e-mails the jury was given earlier at the trial.
In them, there is an order from Texas, the world headquarters of the Bandidos, that a decision had been made to end the Canadian chapter.
Pulfrey explained an "El Presidente" oversees Bandidos operations in the United States, Europe and Australia.
El Presidente also leads the U.S. Bandidos and they oversaw the Canadian club.
Canada oversaw Toronto and the club's probationary chapter in Winnipeg. Many of the Toronto members were on the executive of the Canadian chapter.
The Bandidos, with approximately 2,000 members worldwide, were only a democracy to a point, Pulfrey said.
El Presidente has veto power over any decision. And in an e-mail, El Secretario of the world, Bill Sartelle, had orders that the Canadian chapter was finished.
That prompted an e-mail from Toronto president Frank Salerno to call for a worldwide vote before Toronto gave back Bandido property.
"I would call this a mutiny," Pulfrey said.
The jury saw photos, e-mails and portions of a videotape taken at Kellestine's Elgin County farm at a Bandidos party in happier times.
In it, there are images of some of the dead and accused all in club colours greeting each other warmly and hugging after a caravan of six motorcycles roared up the Kellestine laneway.
Muscedere, Kriarakis and Sandham are among the group on motorcycles.
Mather is seen sitting at the bar area where a flag with a swastika is pinned on the wall. He wore a Bandidos support shirt.
The trial continues this afternoon.
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Brothers in good times
Thu, May 7, 2009
BANDIDOS TRIAL: Indications of a 'mutiny' came later, an expert testifies
By JANE SIMS, LONDON FREE PRESS
The video was like a home movie of a renegade family reunion.
The camera was poised to look down the long laneway from Wayne Kellestine's Elgin County farmhouse as six Bandido motorcycle club members happily rumbled in for a party on June 25, 2005, then greeted each other warmly as "Brother."
Some were the men who were found dead on a nearby Elgin County road on April 8, 2006. And others in the video are some of the men charged in their deaths.
What the jury learned at the Bandido trial yesterday was that when times were good, the Bandidos were a brotherhood.
But when the order came from headquarters to pull the Canadian chapter's status, there were indications of "a mutiny," an expert testified.
Det. Const. Craig Pulfrey of the OPP Biker Enforcement Unit continued his testimony at the trial of six men who have pleaded not guilty to first-degree murder .
Pulfrey has testified he believed the dead men were full-patch members of the Bandidos except Flanz, who was a prospect. Yesterday, Pulfrey said Sandham, Kellestine and Mushey were full-patch members, based on Bandidos property seized, including "1%er" items that only full-patch members can have.
Mather was a probationary Bandido, he said, based on the empty vest and Probationary "rocker" and Bandido hat found in a bag containing receipts with his name.
Aravena was a prospect sponsored by "D" or Mushey, Pulfrey said, pointing out intercepted conversations in which Aravena asked permission to contact someone.
Gardiner was a prospect member, he said, based on the signature of an e-mail from his account that was signed "Prospect Bandido Bull."
"In this world, you don't sign like this unless you have that status."
The Bandidos world has a strict hierarchy, he said, and had about 2,000 members. There is an "El Presidente" of the Bandido world overseeing the U.S., Europe and Australia. El Presidente also leads the U.S. Bandidos and they oversaw the Canadian national chapter.
Canada oversaw Toronto and the probationary chapter in Winnipeg. Many of the Toronto members were on the executive in Canada.
The Bandidos are allowed one vote each, but they are only a democracy to a point, Pulfrey said.
"Bandidos don't vote, they do what the (expletive) they're told," was the terse e-mail in June 2007, from El Presidente Jeff Pike about the problems in Canada.
El Presidente has veto power over any decision and orders from a superior had to be followed. In an e-mail shown to the jury earlier El Secretario of the world, Bill Sartelle, had orders the Canadian chapter was finished in the months before the deaths. "It is not my decision alone," Sartelle wrote.
That prompted an e-mail from Muscedere, president of the Canadian national chapter, calling for a worldwide vote before Toronto gave back Bandidos property.
"I would call this a mutiny," Pulfrey said.
Meanwhile, the e-mails indicate Sandham was bypassing his Toronto superiors and contacting Texas directly.
The videotape of the Kellestine party showed the No Surrender Crew in happier times. Muscedere, Sandham, Kriarakis and Raposo are easily identifiable.
"Chopper," Kellestine said as he threw his arms around Raposo, one of the later victims.
Mather is seen sitting at the outdoor bar area where a flag with a swastika is pinned on the wall. He wore a Bandido support shirt.
The jury also saw up close a Confederate flag with an eagle on it signed by many of the Bandidos, including those found dead.
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Bandido talked of 'major changes' before slayings, trial hears
May 12, 2009 07:32 PM
Peter Edwards
LONDON, Ont. – Bandidos biker Wayne Kellestine's voice crackled with excitement as he spoke of "some major changes," two days before the largest mass murder in modern Ontario history.
In the conversation, which was intercepted by police, Kellestine said he was being pressured by others to do something drastic.
"It's not my doing," Kellestine, 60, tells club member Cameron Acorn in a conversation intercepted by police shortly after noon on April 6, 2006 - two days before the bullet-riddled bodies of eight Greater Toronto Area Bandidos were found in vehicles abandoned on a rural roadway near Kellestine's farm in Iona Station, west of London.
Kellestine is one of six men facing eight first-degree murder charges each.
"I don't want no part of this, but I'm gonna try to salvage as many guys as possible," Kellestine continues.
At the time of the call, Acorn was in custody in Penetanguishene, north of Toronto, at the Central North Correctional Centre.
Kellestine warns Acorn that the the club is due for major changes because of pressures from the United States, where the headquarters - or "Mother Chapter" - of the Bandidos is located.
"I need ya," Kellestine tells Acorn. "...There's going to be some major changes... You're a good soldier."
He goes on to tell Acorn that he cannot control the Americans, who are pressuring him for dramatic change, saying, "People in the States are super, super super (expletive) choked."
"I'm taking care of it myself, personally," Kellestine continues. "I'm kinda choked."
He also alludes to a recent, important meeting in Vancouver, but assures Acorn that he is not in danger.
"You're still okay, eh," Kellestine says. "I made sure."
Acorn sounds upset and swears, while Kellestine attempts to distance himself from the decision, which is never fully explained.
In another intercepted conversation with Acorn's mother Sharon, Kellestine sounds upset with Luis Manny (Chopper, Porkchop) Raposo, 41, of Toronto
Raposo was one of the eight men whose bodies were found near Kellestine's farm.
"I've tried to call Chopper and he hasn't been returning my phone calls," Kellestine complains. "... "I don't get invited to many things in Toronto any more. I don't know if you noticed or not."
Another tape captures Kellestine's voice on April 8, 2006, hours after the bodies of the eight murdered bikers were found.
In the tape, he talks of the "red and white," biker slang for the Hells Angels motorcycle club.
He also talks of police around his farm, 14 kilometers from where the bodies of the slain fellow members of the Toronto Bandidos were found.
"I'm surrounded by cops," Kellestine tells a friend. "I don't know what the (expletive) they're doing."
Found in vehicles abandoned near Kellestine's farm were the bullet-riddled bodies of Paul Sinopoli, 30, of Jackson's Point; John Muscedere, 48, of Chatham; George Jessome, 52; George Kriarakis, 28, all of Toronto; Michael Trotta, 31, of Mississauga and Jamie Flanz, 37, of Keswick.
In his telephone conversation with Acorn, Kellestine suggests that someone else is stirring up tensions between the Toronto Bandidos and their American counterparts.
"Someone is in constant communication with the States and telling them all the (expletive)," Kellestine says. ".. I don't email. I don't do the Internet. I don't do (expletive) computer (expletive)."
Also facing eight first-degree murder charges each are Frank Mather, 35, of no fixed address; Winnipeggers Michael Sandham, 39; Marcello Aravena, 32, Brett Gardiner, 24, and Dwight Mushey, 41.
The trial continues.
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Evidence suggests major breach of biker-club rules, Bandidos jury hears
Tue, May 12, 2009
By JANE SIMS, LONDON FREE PRESS
The focus of the Bandido trial shifted to Winnipeg this morning with suggestions that there was a major breach of the biker club's strict rules.
Six men have pleaded not guilty to eight counts of first degree murder.
The bodies of eight men were found shot to death and left in vehicles along an Elgin County road on April 8, 2006.
OPP Cnst. Ross Stuart, an identification officer, returned the the witness box to describe what police found during house searches on June 16, 2006.
One home was at 129 Rogan Dr., Winnipeg where accused Dwight Mushey often stayed with his sister, Kimberley Douglas. Found in a crawlspace over a basement stairwell in a courier package were Bandido stickers and what appeared to be homemade patches.
The jury has already heard that the Texas international headquarters dictated that all Bandido gear had to be ordered through them.
Stuart showed various patches - including large Fat Mexican and No Surrender Crew patches - and uncut pieces of yellow fabric with designs half stitched.
He also produced documents found in a black pouch that appeared to be detailed stencils and measurements of Bandido patches.
There was also a computer disk set up for an embroidery machine.
The jury also heard from a Winnipeg police officer who questioned Mushey, accused Brett Gardiner and another man identified as M. H. on the parkade of Polo Park Mall in Winnipeg on Feb. 11, 2006..
Mushey and M. H. were wearing full biker colours. Gardiner was in a plain black jacket. M. H. Is expected to testify later in the trial.
The trial continues this afternoon.
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Media provided crime exhibits
Wed, May 13, 2009
There are photos of drinking buddies and some from the grisly crime scene
By JANE SIMS, LONDON FREE PRESS
Playful barroom photos from when they were friends.
Photos of the grisly crime scene.
A glimpse inside the victims' homes.
Those are some of the exhibits from the Bandidos trial released to the media yesterday.
They were found shot to death in vehicles abandoned along Elgin County's Stafford Line on April 8, 2006.
The Crown has told the jury there was a brewing struggle between the Canadian chapter and the American headquarters in Texas that was fed up with its Canadian brothers.
The U.S. headquarters had ordered the patches pulled.
There was a growing internal conflict between the Toronto chapter and its probationary chapter in Manitoba.
Items seized during the investigation included photographs from Mushy's Toronto apartment -- photos of him with other bikers, including some of the dead, as well as Kellestine and Sandham.
In one photo, a smiling Kellestine and Mushy flank a man identified as David "Concrete Dave" Weiche, with their arms around each other.
There are photos of some of the Bandidos gear seized from the homes, including jewelry, T-shirts, hats and post cards.
There are also photos of some of the victims' homes in the Toronto area.
Yesterday, the trial's focus shifted to Winnipeg, with suggestions there was a major breaking of the biker club's strict rules by the fledgling probationary chapter.
OPP Const. Ross Stuart, an identification officer, described what police found during house searches on June 16, 2006.
One home was at 129 Rogan Dr., Winnipeg, where Mushy often stayed with his sister, Kimberley Douglas. Found in a crawl space over a basement stairwell in a courier package were Bandidos stickers and what appeared to be homemade patches.
The jury has heard that the Texas international headquarters dictated all Bandidos gear had to be ordered through them.
Stuart showed various patches -- including the club's Fat Mexican, "1%" and No Surrender Crew patches -- and uncut pieces of yellow fabric with designs half stitched with red.
Some of the colours didn't match other patches.
Stuart also produced documents found in a black pouch that appeared to be detailed stencils and measurements of Bandidos patches.
There was also a computer disk set up for an embroidery machine. The jury also saw vests -- two with full patches, two without -- taken from a closet at 938 Lindsay St., Winnipeg.
Several items of clothing were seized from the residence as well as Aravena's birth certificate, documents belonging to Mushey and a letter addressed to Gardiner.
The trial continues today.
==================================
Murder suspect padded resume, Bandidos jury hears
Wed, May 13, 2009
By JANE SIMS, LONDON FREE PRESS
Biker and ex-police officer Michael Sandham certainly knew how to pad a resume.
"He is a VIP Protection Specialist and has protected such persons as former Chief of Staff general DeChastelane, former Prime Minister Brian Molruney (sic), Princess Patricia and various other higher military staff," he wrote in a brochure promoting his police-training company called ACRT Tactical Systems, shown to the jury at the Bandido trial this morning.
He wrote he was "a 27 year veteran and Grand Master in Martial Arts", the personal information in the brochure said, earning "a 6th Dan Black Belt in HwaRang Kempo and a 4th in Dan Taekwon Do" plus other black belts in Jujitsu and a red sash in Wing Chun Kung Fu.
Attending "many self-defence seminars throughout the world hosted by such famous people as Chuck Norris, Steven Seagal, Bill "Superfoot" Wallace and Dan Inosanto (The only person certified by Bruce Lee)."
Sandham wrote he competed in "full contact fights" in Canada, the U.S. and Korea with a record of 12 wins, no losses, 11 by knock-out.
It's no wonder Davud Prud'Homme, who owns Prairie Bylaw Enforcement Services — a company that provides by-law services to Manitoba municipalities — hired Sandham to train his officers.
A look inside Sandham's life dominated the testimony this morning at the trial where six men, including Sandham, have pleaded not guilty to eight counts of first-degree murder.
It's certain Sandham, who went by the biker nickname Taz in his Bandido life, was an ex-police officer and former member of the Canadian Armed Forces.
The Crown showed the jury documents that listed Sandham as an auxilliary police officer for the Ste. Anne police force, east of Winnipeg in 1999 to 200, then a police constable for the Rural Municipality of St. Paul, north of Winnipeg from June 2000 to October, 2002.
Sandham also operated two companies that provided police training — ACRT (Applied Control Response Tactics) and Sabre Inc.
He also claimed to be a paratrooper and a commando.
"My classses are always dynamic and interesting," he wrote in his brochure.
Prud'Homme was impressed with his credentials and used him to train his eight employees.
Prud'Homme participated in some of the training. One of the courses, CAR Police Tactical Shotgun, taught the participants safe handling of the firearm.
He also taught the bylaw officers dealing with pesky black bears in rural Manitoba how to reload a shotgun with one hand, if wounded.
"It was beyond what we required," Prud'Homme said.
Prud'Homme took Sandham on as a full-time trainer for four months two years after Sandham left policing.
Sandham told Prud'Homme in an e-mail the job was "too stressful and he was having marital problems."
Prud'Homme said Sandham set his own hours, was paid well, and had his own work area.
"I couldn't see where the stressful part came in," he said.
Sandham left some of his belongings behind at the office. Six months later he instructed Prud'Homme to return them or pay $4,000.
He told his former boss to take his belongings to his home and throw them over the fence and his wife would retrieve them.
"That's what I did," he said.
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Accused killer biker says he guarded princess
By JANE SIMS, SUN MEDIA
LONDON, Ont. -- Biker and ex-police officer Michael Sandham knew how to pad a resume.
"He is a VIP Protection Specialist and has protected such persons as former Chief of Staff General DeChastelane (sic), former Prime Minister Brian Molruney (sic), Princess Patricia and various other higher military staff," he wrote in a brochure promoting his credentials as an instructor for his police training company, shown to the jury yesterday at the Bandidos trial.
"Mr. Sandham was also involved in crowd security during Princess Diana and Prince Charles visit to Canada," the brochure says.
Contradictions
Sandham, 39, of Winnipeg and five other men are on trial for eight counts of first-degree murder in the shooting deaths of eight Toronto-area men on April 8, 2006, whose bodies were found along a rural road outside Shedden.
A look inside Sandham's life -- and its glaring contradictions -- dominated testimony yesterday. It's certain Sandham, who went by the biker nickname Taz in his Bandidos life, was an ex-police officer and former member of the Canadian Armed Forces.
He attended basic training in Wainright, Alta., before he was assigned to Winnipeg and the Princess Patricia's Canadian Light Infantry.
He then went to the Ste. Anne police force east of Winnipeg where he was an auxiliary police officer from 1999 to 2000. His recruit training was completed with the Winnipeg police academy where he scored the top marks in his class in the firearms section. He moved on to be a constable in East St. Paul and left on Oct. 15, 2002.
Assistant Crown attorney Fraser Kelly showed the jury a large number of documents concerning Sandham's training and employment.
'Black Belt'
Among the documents was a resume on which Sandham said he was "a 6th-degree Black Belt." Sandham also had a paralegal membership card and promoted himself as a police trainer.
David Prud'Homme, who owns Prairie Bylaw Enforcement Services -- a company that provides bylaw officers to Manitoba municipalities -- hired Sandham as a trainer. Prud'Homme testified he was impressed with Sandham's credentials and used him to train his eight employees in "the use of force."
In 2004, Prud'Homme gave Sandham a full-time job as trainer. Sandham gave courses, wrote manuals and filled in on the odd shift. But within months, Sandham told Prud'Homme in an e-mail the job was "too stressful and he was having marital problems."
Prud'Homme was asked if he ever knew of Sandham's ties to the Bandidos. "No," he said.
The trial continues today.
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Flurry of travel in days before Bandidos slayings, jury told
Thu, May 14, 2009
By JANE SIMS, LONDON FREE PRESS
There were many trips on Michael Sandham's dime in the months leading up to the shooting of eight Bandido bikers.
The jury at the Bandido trial examined flight records from WestJet that documented the air travel of several men involved in the case.
Todd MacKay, the airline's official who testified this morning, took the jury through reservation documents showing that Michael Sandham's credit card was racking up flight charges — more than $4,500.
Sandham paid for a number of flights, not only for himself, but three other people involved in the case.
Often the trips were booked just days in advance.
The flights that were documented were:
# Two return tickets from Toronto to Winnipeg for Feb. 4 to 7 2005 for victim Paul Sinopoli and Kellestine. The tickets were paid by Stacia Acorn.
# Two return tickets from Winnipeg to Toronto for Sandham and a man known as M.H., who is expected to testify at the trial, for Sept. 9 to 11, 2005, paid for by Sandham.
# Another two return tickets for Sandham and M.H. for Oct. 22 to 26, 2005, paid by Sandham.
# Sandham and Mushey flew return to Toronto from Winnipeg in November, 2005. M.H. cancelled at the last minute. Mushey changed seats and there was an indication on the reservation that someone had suffered an Achilles' tendon injury. Sandham paid for the tickets.
# Mushey flew to Vancouver from Winnipeg for three days in January. Sandham paid for the ticket.
# On March 7, 2006, Kellestine flew from Toronto to Vancouver. Sandham flew out form Winnipeg on March 2, 2006. They both left on March 12, 2006. Sandham paid for the tickets.
# M.H. and Mushey flew to Vancouver from Winnipeg March 20 to 22, 2006. Again Sandham paid.
# Aravena flew from Winnipeg to London on March 28, 2006. The ticket was paid by a woman.
MacKay will be in cross-examination this afternoon.
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Bandidos accused gave himself up to OPP, court hea
BY: Peter Edwards
Source: thestar.com
Canada - ~Bandidos accused gave himself up to OPP, court hears~
LONDON, Ont. - An accused murderer gave himself up without a fight and cautioned police not to kick down his door or shoot him when called by the Ontario Provincial Police after the largest mass murder in modern Ontario history.
"I've been waiting for you to call," Kellestine told an OPP negotiator shortly after 7 pm on April 9, 2009, a day after eight bullet-riddled bodies were found 14 kilometres from his farm in Iona Station, west of London.
The recording was played in court today in the first degree murder trial for Kellestine and five other men who the Crown says are connected to the Bandidos Motorcycle Club.
Also facing eight first degree murder charges each are Winnipeggers Dwight Mushey, 41, Brett Gardiner, 24, and Marcelo Aravena, 33, and Michael Sandham, all of Winnipeg, and Frank Mather, 35, of no fixed address.
Kellestine briefly questioned the police negotiator about what type of warrant the police had.
He was told that they wanted to search his farm, grounds and barn for what the negotiator described as "items related to the other day?"
Kellestine, a member of the Greater Toronto Area Bandidos, said he would be fully cooperative and cautioned police that they didn't have to kick down his front door, as police had in the past.
"I'm going out," said Kellestine, sounding only mildly agitated. "There's no problem."
He told police they had nothing to fear from him, when he walked down the gravel laneway of his farm property.
"I will cooperate fully," he said. "You don't have to shoot me on the way out."
The police negotiator told Kellestine that he was experienced enough to know that wasn't going to happen.
Then he told the police officer that he had placed his German shepherd dog in a pen, and that he didn't have to burst into his home to search it.
"I'm leaving the door unlocked," Kellestine said. "Don't smash it (expletive) again."
Police later took Kellestine into custody for questioning.
Court also heard yesterday that another of the accused mass murderers, former Manitoba police officer Michael Sandham, 39, spent almost $5,000 on flights connected to the Bandidos Motorcycle Club in the year before the largest mass murder in modern Ontario history.
The flights were for himself, fellow accused Dwight Mushey of the Bandidos in Winnipeg and another man who can only be identified as "M.H."
Several of the flights were from Winnipeg to Toronto and back, as well as from Winnipeg to Vancouver and back.
The trial has heard that M.H. is expected to be a Crown witness later in the trial.
Sandham, 39, a former Manitoba police officer, faces eight charges of first degree murder after the bullet-riddled bodies of eight men connected to the Greater Toronto Area Bandidos were found on April 8, 2006, in vehicles abandoned near Shedden, west of London.
Court heard he flew from his home in Winnipeg to Toronto three times in the fall of 2005, and was accompanied on November 26, 2005 by Dwight, Mushey, 41, of the Winnipeg Bandidos.
Mushey is also charged with eight counts of first degree murder.
Court heard that Sandham also paid for Mushey to fly from Winnipeg to Vancouver on January 14, 2006, returning three days later.
Sandham's Visa card also covered a March 7, 2006 flight for Wayne Kellestine to fly from Toronto to Vancouver on March 7, 2006, returning to Toronto five days later.
Sandham also paid for himself to fly from Winnipeg to Vancouver on March 2, 2006, returning on March 12, 2006.
He also paid for "M.H." and Mushey to fly from Winnipeg to Vancouver on March 20, 2005, returning to Winnipeg two days later.
They are charged with the murders of eight men connected to the Greater Toronto Area Bandidos Motorcycle Club: Paul Sinopoli, 30, of Jackson's Point, Jamie Flanz, 37, of Keswick: John Muscedere, 48, of Chatham; George Jessome, 52, Luis Manny Raposo, 41, and George Kriarakis, 28, all of Toronto; Frank Salerno, 43, of Oakville and Michael Trotta, 31, of Mississauga.
The trial continues.
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'I know nothing': Kellestine
Fri, May 15, 2009
BANDIDOS TRIAL: Police negotiated with accused Wayne Kellestine by phone before he agreed to leave his farm the day after the bodies were discovered
By JANE SIMS, LONDON FREE PRESS
Wayne Kellestine told the OPP negotiator he'd co-operate with whatever police wanted.
But before he and the rest of the people in his Aberdeen Line farmhouse were going to come out on April 9, 2006, he wanted some guarantees.
"Now let's you and I get one thing straight right (expletive) now," he told OPP Det. Const. Dave Dowell over the phone.
"I will leave the door unlocked, you pieces of (expletive) don't have to kick my (expletive) doors in like you did the last (expletive) time."
"You have my word," Dowell promised, before being cut off by Kellestine's rapid-fire voice.
"Yeah, your word. You're a cop. I don't trust you. You're likely gonna shoot me mother (expletive)."
Yesterday, the jury at the Bandido murder trial heard the phone calls between an OPP negotiator and Kellestine the day after the bodies of eight men with ties to the Bandido motorcycle club were found shot dead on a rural road not far from Shedden.
OPP Const. Jodi Kays, who was part of the crisis negotiation team, testified they first called the Kellestine farm from a command post at Transportation Ministry buildings on April 9.
Kellestine was consulting his lawyer on another phone when Dowell called.
"I've been outside waving the phone saying, 'call me now.' This is the first time you've called me in two days," Kellestine said.
Then he turned back to his call with his lawyer. "They're all over the place but they're not . . . on my property as of yet.
Dowell told Kellestine police had a search warrant and wanted everyone in the house to walk down the lane "and you can view the warrant."
Kellestine wanted to know what the warrant was for. Dowell explained it related to "those bodies."
"Yeah, I know what you're talking about. I was watching about the news . . . I got 15 (expletive) phone calls."
Kellestine resumed talking with his lawyer. "I know nothing about nothing anyway," he said, and promised he'd co-operate. "Thank you, Ken. I will be in touch sir, Ciao."
Then he wanted assurances from Dowell his German shepherd wouldn't be shot or that his doors would be smashed.
He told Dowell he wanted 15 minutes. He had to get dressed, chain up his dog, and unlock the gate. "Now, is anybody going to shoot us when we come out?" he asked.
"You've been around. You know darn well we're not going to shoot you," Dowell said.
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Arrests captured on aerial video
Sat, May 16, 2009
BANDIDOS TRIAL
By JANE SIMS, LONDON FREE PRESS
From the air through the lens of a thermal camera, Wayne Kellestine's farm was dull light on a grey landscape.
As the plane flew over, a tiny brighter light appeared along the driveway and moved slowly down the long laneway.
That was the first glimpse the jury got yesterday of five people who walked out of Kellestine's house on April 9, 2006, a day after the bodies of eight men were found shot to death along a rural road near Shedden. The remarkable 30-minute police video showed Kellestine, Brett Gardiner, Frank Mather and two other people leaving the house and walking down the gravel lane toward several police officers, some of whom had guns trained on them.
The jury has heard during the Crown's opening statement that it intends to prove the men were killed at the farm and were victims of an internal squabble within the club. A group of men from Winnipeg had left for the drive back to Manitoba shortly before the bodies were discovered. The group left the farmhouse after Kellestine spoke to an OPP negotiator.
OPP Const. Jonathan Smyth of the Tactics and Rescue Unit (TRU) was one of six officers at the end of the laneway and described for the jury what was shown on the video screen. The thermal images were shot starting at 7:30 p.m. The images switched over to regular video about 10 minutes later as the plane circled closer. Police had been watching the property for two days.
Smyth testified that he and another officer were given the task of securing each person coming out of the house.
The five people leaving the house were told to stop 20 metres from the end of the lane. They had their hands on their heads and each one was instructed to approach one at a time. Smyth said Kellestine was the only person to talk.
" 'Don't point your (expletive) guns at me. My hands are up,' " Smyth testified Kellestine said.
Kellestine was the first person to go to the officers. He was told to lift his shirt up at the back to show he was not armed.
Kellestine was searched thoroughly, including his hair, pockets, shoes and socks.
Once he was searched, Kellestine went with two investigators and was driven away.
The second person who came out took off his shirt to show he was not armed. He was ordered to his knees with his hands on his head and secured. Three others followed and more officers arrived to help. All the people from the house were placed in disposable plastic flex-cuffs.
The camera did several pans of the property. Seven cars were parked around the house and shed.
The trial continues Tuesday.
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Bandidos jury sent home for the day as legal arguments take over
Tue, May 19, 2009
By JANE SIMS, LONDON FREE PRESS
Testimony at the Bandido trial stopped abruptly and the jury was sent home this morning for "a legal issue too complicated" to continue today.
Legal arguments are expected to occupy the afternoon.
"It really is the nature of the beast," Superior Court Justice Thomas Heeney told the jury before the trial adjourned for lunch.
Six men have pleaded not guilty to first-degree murder — Wayne Kellestine, 60, and Frank Mather, 35, of Dutton-Dunwich; Brett Gardiner, 24, of no fixed address; and Michael Sandham, 39, Marcelo Aravena, 33, and Dwight Mushey, 41, of Winnipeg.
The shooting victims were George Jessome, 52, George Kriarakis, 28, John Muscedere, 48, Luis Raposo, 41, Frank Salerno, 43, Paul Sinopoli, 30, Jamie Flanz, 37, and Michael Trotta, 31.
Before the adjournment, the jury heard more testimony from Det. Const. Craig Pulfrey, a member of the OPP biker-enforcement unit with expertise in the Bandido motorcycle club.
Pulfrey testified earlier this month and his cross-examination was deferred until this week.
Defence lawyer Gord Cudmore, who represents Sandham, reviewed the hierarchy of the club and asked about the pecking order from El Presidente on down.
Pulfrey agreed that "it's expected an order be followed," he said.
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'El Presidente' ousted bikers
Slain Toronto Bandidos were ejected from the club via email three months earlier, murder trial told
Tue, May 19, 2009
Source: thestar.com
Canada - LONDON, Ont. – A Texas biker known as "El Presidente" kicked all Toronto members of the Bandidos out of the motorcycle club with an email message, three months before their bullet-riddled bodies were found by a farmer's field, a mass murder trial heard today.
The Toronto Bandidos received an email message on Dec. 28, 2005, that notified them they were no longer in the club - "effective immediately."
"That decision was made by El Presidente?," defence lawyer Gord Cudmore asked OPP biker expert Craig Pulfrey.
"He has the final say," Pulfrey replied.
Cudmore represents one of the six accused mass murderers, Dwight Mushey, 41, of Winnipeg.
At the time they were kicked out of the Bandidos, the club's international "El Presidente" was Jeff Pike of Texas, Pulfrey said.
Court earlier heard that the Bandidos were founded in the mid-1960s by former military men, who believed in a strict military chain of command.
"It's expected that the order be followed?" Cudmore continued.
"Yes," Pulfrey replied.
Court had heard that the Toronto Bandidos - known as the "No Surrender Crew" - balked at the order to get out of the club and instead called for club members from around the world to take a vote.
The bullet-riddled bodies of eight GTA bikers from the Toronto Bandidos were found near the hamlet of Shedden early in the morning of April 8, 2006.
The trial continues.
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Expert: Two accused bikers didn't own bikes
Thu, May 21, 2009
.Two of the accused in the killing of Bandidos motorcycle club members never met one of the basic requirements for being a member of the organization, court heard today. Police biker expert OPP Det. Const. Craig Pulfrey testified that the Bandidos bylaws required its members around the world to own a bike. Frank Mather and Marcello Aravena did not own bikes to his knowledge, Pulfrey said. “You are definitely supposed to have a motorcycle,” he said.
Mather and Aravena, along with Wayne Kellestine, Dwight Mushey, Michael Sandham and Brett Gardiner are charged with eight counts of first-degree murder in the 2006 killing of eight men connected with the Bandidos Motorcycle Club. Under cross-examination today, Pulfrey said he did know of exceptions to the rules and that Bandidos in Canada did not follow all of the bylaws. Although he had access to intercepted calls and reports on biker activity, Pulfrey said he’d never heard of Mather until he was charged.
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Thu, May 21, 2009
Police not aware of 'biker' charged in mass-murder case~
LONDON, Ont. – A police biker expert says he had never heard of accused killer Frank Mather until Mather was charged with members of the Bandidos Motorcycle Club for allegedly playing a role in the largest mass murder in modern Ontario history.
"I've never heard of him," OPP Det. Const. Craig Pulfrey told court today. "I was never aware of him before this event." Mather is charged with five other men with eight counts of first-degree murder each, after the bullet-riddled bodies of eight men connected to the Greater Toronto Area chapter of the Bandidos Motorcycle Club were found in vehicles abandoned beside a farmer's field near the hamlet of Shedden, west of London, on the morning of April 8, 2006.
Court heard that Pulfrey has access to a comprehensive police databank on outlaw bikers. Pulfrey agreed with his lawyer, Greg Leslie, that if Mather was a member of the club in Canada, he likely would have known about it. "More than likely I would know (of him)," Pulfrey said. "I do not know this man."
Mather's lawyer, Greg Leslie, noted that a bylaw for the Bandidos club requires all members to have a motorcycle.
He then noted that Mather has neither a motorcycle nor a license to operate one. "In a motorcycle club, a person should have a motorcycle?," Leslie asked. "I would agree with that," Pulfrey replied.
Leslie noted that police seized a membership list for the Toronto Bandidos in the Jackson's Point home of Paul Sinopoli, 30, one of the murder victims and the secretary of the Toronto Bandidos. He asked Pulfrey if he had seen Mather's name on a list of full club members, or more junior affiliated bikers, with probationary, prospect or hangaround status.
"I don't know the date of that list," Pulfrey said. "Again, I have not seen his name." Pulfrey also agreed that he hadn't seen any mention of Mather on any other list of Bandidos. Pulfrey told court that police monitor biker funerals and mandatory runs, when all members must attend.
Leslie asked if he had ever seen or heard of Mather at any of those events. "I've never seen Frank Mather before," Pulfrey replied.
Court has seen a video of a party at Kellestine's farm, in which Mather was wearing a T-shirt with the slogan, "Support The Fat Mexican," the nickname for the Bandidos club. Pulfrey agreed with Leslie's suggestion that such T-shirts could be easily purchased by anybody. "Anybody - the public, non-members - can wear that," Pulfrey replied.
Court had heard that the Toronto Bandidos - known as the "No Surrender Crew" - balked at an order by the club's headquarters in Texas to get out of the club, and instead called for club members from around the world to take a vote.
The trial continues.
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Canadian Bandidos broke organization's rules, jury hears
Fri, May 22, 2009
By KELLY PEDRO, LONDON FREE PRESS
Whether Bandido prospect members had the right to attend club meetings in Canada was the focus of cross-examination today at the trial of six men accused of killing eight others.
Police biker expert Craig Pulfrey testified under cross-examination that, in theory, prospects were not allowed to attend "church" or get a vote but in Canada that rule was broken. Pulfrey said from seeing minutes from church — the term used for Bandido club meetings — he saw that prospects had attended those meetings but did not vote.
A prospect is someone who hung around the Bandidos and may have had the attributes to become a full-patch member. Prospects have to be sponsored by an older member of a chapter. They are then on call 24 hours a day to their sponsor or any full-patch member, performing menial tasks such as yardwork, washing motorcycles or getting drinks for members for one year. The Bandidos are also unique, Pulfrey testified, because they have one boss for the whole world. Though there are bosses in Europe, Australia and Canada, "El Presidente has power over them all," Pulfrey testified.
The trial continues today.
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Trial evidence released
Tue, May 26, 2009
COURT: Public offering includes home movies of a Bandidos party and history of the motorcycle club
By JANE SIMS, LONDON FREE PRESS
See Wayne Kellestine's home movies of a Bandido motorcycle club party. Take a crash course on the history of the Bandidos both in Canada and internationally.See more of the evidence police seized during the investigation of the eight shooting deaths three years ago. Evidence already viewed by the jury at the Bandido trial was made available for public viewing yesterday. The evidence is part of the explosive trial that began March 31.
The Crown's theory is that the men who were all part of the Toronto Bandido chapter were killed because of an internal conflict within the organization -- both with the international headquarters based in Texas and with a probationary chapter in Winnipeg. The Toronto bikers were seen by their brothers as not abiding by the biker club's strict code and rules. There had been an order made that their patches be pulled.
Over the last two months, the jury of six men and six women have seen a mountain of evidence and photographs as part of the Crown's case.
The most recent release of evidence includes material that was reviewed by OPP Det. Const. Craig Pulfrey, a member of the Biker Enforcement Unit and an expert in the Bandido motorcycle club.
Also made available was a large number of documents from Sandham's past. He had been a police officer in a community just outside of Winnipeg. Still to come, as described in the Crown's opening statement, is a police informant who was at the Kellestine farm at the time of the shootings.
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Lawyer at Bandidos murder trial excuses self from case due to wife's illness
By Michael Oliveira – 1 hour ago
LONDON, Ont. — Long-awaited testimony from a former biker turned police informant was put on hold Tuesday when a defence lawyer in the case of Ontario's largest mass slaying stepped down because of personal reasons.
The murder trial involving the April 2006 killings of eight men associated with the Bandidos biker gang was expected to hear evidence from the Crown's star witness, who can only be identified as M.H. But court proceedings were halted when Ted Royle, senior counsel for one of the six accused, Dwight Mushey, asked for permission to withdraw from the case. Royle, a father of a young daughter, told court his wife had fallen gravely ill and he could no longer commit himself to the case.
Mushey requested that he be given time to find another lawyer, which Justice Thomas Heeney agreed to given the "tragic turn of events. "It would have been inhumane of me to do otherwise," Heeney said in granting an adjournment while Mushey seeks new representation.
The jury is expected to return to court next Tuesday, when the trial will resume if a new lawyer has been found and properly briefed.
The delay comes at a pivotal point in the trial, as court was set to hear from M.H., a former Bandido who became a police informant in the days after the mass killing and agreed to wear a wire to collect evidence. M.H. was first introduced during the Crown's opening statement March 31. The Crown alleges the victims were lured to the farm of Wayne Kellestine - another of the six accused - where they were shot to death as part of an internal cleansing of the biker club. Court has heard wiretap evidence suggesting some of the victims were extremely reluctant to attend and were seemingly aware that trouble was coming. M.H. will likely take the stand for several days as the Crown introduces its key evidence and defence lawyers challenge his credibility.
Charged in the deaths are Kellestine, 59, and Frank Mather, 35, of Dutton-Dunwich, Ont.; Brett Gardiner, 24, of no fixed address; and Michael Sandham, 39, Marcelo Aravena, 32, and Mushey, 41, all of Winnipeg.
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Bandidos trial sees another delay
Jane Sims
London Free Press
May 27, 2009
In what the judge called "a tragic turn of events," the jury at the Bandidos trial faces another delay. Edward Royle, the defence lawyer for accused Dwight Mushey of Winnipeg, asked for and was granted a request to be removed from the case because his wife is gravely ill.
Superior Court Justice Thomas Heeney told the jury Royle's wife recently had taken "a serious turn for the worse." He also has a young child, Heeney said, "and the demands are such he had to withdraw from the case as lead counsel for Mr. (Dwight) Mushey."
It was a stunning turn of events eight weeks into the evidence at the trial of six men facing eight counts of first-degree murder. Mushey, 41, Wayne Kellestine, 60, and Frank Mather, 35, of Dutton-Dunwich; Gardiner, of no fixed address; and Michael Sandham, 39, Marcelo Aravena, 33, of Winnipeg, have all pleaded not guilty.
On April 8, 2006, the bodies of eight men with ties to the Bandidos motorcycle club were found shot to death along a rural Elgin County road near Shedden. George Jessome, 52, George Kriarakis, 28, John Muscedere, 48, Luis Raposo, 41, Frank Salerno, 43, Paul Sinopoli, 30, Jamie Flanz, 37, and Michael Trotta, 31, were all associated with the club's Toronto chapter.
The jury was out of the courtroom most of the morning yesterday. Shortly before the lunch hour, they took their seats and were told of the abrupt halt in the evidence. The trial will not continue this week so "issues in terms of representation" can be sorted out, Heeney said. "It's regrettable," Heeney said, but in a lengthy trial there is always a chance there will be "personal issues that need to be dealt with."
"We'll find a way through this," he said.The jury was told to return next Tuesday.The trial began March 31 after weeks of jury selection.Royle is an experienced and respected Toronto lawyer and was a formidable force in the Bandidos courtroom
His departure came before the jury has heard from the Crown's star witness -- a police informant known as M. H., who was at Kellestine's Aberdeen Line farm in Dutton-Dunwich, where he says the men were shot to death.
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Bandidos mass murder trial to resume Monday
Lead lawyer for accused mass murderer Dwight Mushey quits case because of family illness
Jun 02, 2009 11:42 AM
Peter Edwards
Staff reporter
LONDON, ONT.–The Bandidos mass murder trial will resume hearing evidence next Monday after a family illness forced the lead lawyer for accused killer Dwight Mushey to suddenly resign. "We will have some evidence for you (then)," Mr. Justice Thomas Heeney told the jury this morning. "We continue to grapple with these issues," Heeney said. "Unfortunately, we remain in a state of flux."
Mushey, of Winnipeg, is one of six men who each face eight counts of first-degree murder after the bullet-riddled bodies of eight bikers connected to the Greater Toronto Area chapter of the Bandidos Motorcycle Club were found in vehicles abandoned on the outskirts of the hamlet of Shedden, west of London, on April 8, 2006.
The trial abruptly adjourned last week as efforts began to find a senior lawyer to replace Edward Royle, who has been assisted in the case by lawyer Christian Angelini.
Court heard then Royle's wife is seriously ill, and that he has a young daughter to care for. "We're doing our best to deal with it as quickly as possible," Heeney told the jury today. "Unfortunately, something like this takes some time."
The trial is entering its third month of evidence.
Also facing eight first-degree charges are Wayne Kellestine, 60, of Iona Station, west of London; Winnipeggers Marcello Aravena, 33, Michael Sandham, 39, and Brett Gardiner, 24, and Frank Mather, 35, of no fixed address.
Found dead in abandoned vehicles were John Muscedere, 48, of Chatham; Frank Salerno, 43, of Oakville; Paul Sinopoli, 30, of Jackson's Point, Jamie Flanz, 30,of Keswick, Michael Trotta, 31, of Mississauga and Torontonians George Jessome, 52, Luis Manny Raposo, 41, and George Kriarakis, 28.
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Slain biker vowed he was coming home
Tue, June 9, 2009
He was at Wayne Kellestine's farm the night before his body was found abandoned in a vehicle along a rural Elgin County road
By JANE SIMS
The last words Norine Lee heard from the man she loved was a promise he was coming home.
"I'll see you in a couple hours. I love ya," John 'Boxer' Muscedere said by phone when she called just before midnight April 7, 2006, when he was at Wayne Kellestine's farm.
Her next calls to his cellphone weren't answered: All she heard was a message the phone was turned off.
Hours later, she'd discover the truth -- Muscedere, 48, and seven other men she knew as friends were shot to death and left abandoned in vehicles along a rural Elgin County road.
Lee fought back tears often during her testimony yesterday at the Bandido trial in London, where some men she knew as friends are accused of killing her partner.
Testifying yesterday, Lee often shook the long loose curls from her face and dabbed her eyes with a tissue. She'd cross her arms over her chest, steeling herself for each question about her relationship with the president of the Canadian chapter of the Bandidos and about the night he died.
"I loved him very much," she said.
What came through was unflagging devotion to Muscedere. When one lawyer suggested Muscedere sold drugs, Lee was defiant.
"Are you kidding me?" she said, under cross-examination, to defence lawyer Christopher Hicks.
"He worked. He had money of his own. None came from drug money, buddy."
Most of her friends call her Nina, she said. She's going to school and is the mother of Muscedere's daughter, age four.
Lee and Muscedere lived in a 12th-floor apartment in Toronto's Parkdale. She said everyone called him Boxer, because he boxed and taught young people the sport.
Lee said Muscedere didn't tell her he was involved in a bike club until months after they were together. She knew the other Bandidos who'd die that night by their nicknames.
"That's Chopper," she said, of a photo of Luis Raposo, 41.
'Crash' was George Kriarakis, 28; 'Pony,' George Jessome, 52; Frank Salerno, 43, 'BamBam'; 'Paulie' was Paul Sinopoli, 30; and 'Mikey' was Michael Trotta, 31.
Lee said she didn't know Boxer's club role and "didn't care." She recalled meeting 'Taz' -- Sandham -- once at their apartment. And she knew Kellestine, a friend of Muscedere, whom, she confirmed, paid off a debt for Kellestine's house.
The day before Muscedere died, Lee said the couple had dinner, then "Chopper, Crash and Pony showed up." They had some "regular bro" talk, while Lee fed them.
"I knew they were going to London," she said, because Kellestine had called them twice.
Lee said she and Muscedere planned to go to Chatham the next day and Muscedere planned to return to a Tilbury factory job.
After he was gone, Lee said she called him twice.
At about 10:30 p.m., she called him and "I asked him if he was OK. He said he was fine."
The second call was about midnight. She told him she'd made a photo collage. He asked about the baby. He said he loved her.
After that, she said Muscedere's phone was off, as was Chopper's and BamBam's. She spent a sleepless night waiting for him.
The next morning, Chopper's girlfriend called and told her to watch the news. Lee said she recognized Chopper's car, the tow truck and Flanz's SUV.
Lee said she "freaked. I went into shock."
She called Kellestine. "I asked him where Boxer was. He said he didn't know where he was." "I asked him why he was the only one alive," she said. Lee said he didn't answer. "He said he had to go," she said.
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Bandidos jurors hear testimony from slain biker's girlfriend
Tue, June 9, 2009
By JANE SIMS, LONDON FREE PRESS
Carrie Caldwell looked at the photograph of her boyfriend and smiled warmly.
There was Luis "Manny" Raposo is a confident, defiant stance giving two middle-finger salutes.
"Yeah, that's Chopper," she said quietly.
"I loved him. He loved me."
Caldwell, a nurse and single mother, was testifying this morning at the Bandido trial and recalling her relationship with one of eight men found shot to death on Stafford Line on April 8, 2006.
Caldwell met Raposo in Port Dover on May 13, 2005, at a Friday the 13th motorcycle gathering in the Lake Erie village.
Raposo was wearing his Bandido colours — his vest with the "fat Mexican" emblem.
It was a long-disatance relationship — Caldwell in London and Raposo in Toronto. They talked on the phone every night.
Caldwell said the couple would talk about the Bandidos. Raposo, she said, was the national secretary of the Canadian chapter — made up of Toronto chapter members.
One of his jobs was to collect dues. She said victim Paul Sinopoli also collected dues "but sometimes he got demoted."
Her testimony was interupted by legal arguments without the jury present. The trial resumes after lunch.
Earlier this morning, another member of a special OPP unit described his role in the hours following the discovery of eight dead men.
Cnst. Mark Beauchesne of the Tactics and Rescue Unit (TRU) helped search a bushlot on Stafford Line in Elgin County near where the bodies were discovered on April 8, 2006.
He also watched Wayne Kellestine's farm on Aberdeen line and, with binoculars, was able to make out a license plate on a blue car that arrived there after police began the surveillance.
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Biker feared for his life, girlfriend tells trial
Jun 09, 2009 04:49 PM
Peter Edwards Staff Reporter
LONDON, Ont. – Murdered Bandidos motorcycle club member Luis Raposo told his girlfriend that he could be killed because he shared confidential club secrets with her, a mass murder trial heard today. "He told me that things that he told me could get him killed," Carrie Caldwell, a London nurse, told the Bandidos mass murder trial. Caldwell said that Raposo, 41, of Toronto, was the secretary of the Bandidos national chapter and told her that the Winnipeg arm of the club hadn't been paying their dues, as required by club bylaws.
"I don't think they paid at all," Caldwell told the jury in the largest mass murder in modern Ontario history. It was Raposo's duty to collect dues and the Winnipeggers frustrated him by not paying, she said. "He said they weren't getting paid," Caldwell told court. She said the conversation took place in early 2006.
Raposo's bullet-riddled body was found early in the morning of Sat., April 8, 2006 on the outskirts of Shedden, 14 kilometers from the farm of fellow club member Wayne Kellestine, 60, in Iona Station, west of London. Also found by a farmer's field in abandoned vehicles were the bodies of seven bikers connected to Kellestine and Raposo: Kellestine and five other men face eight first-degree murder charges, including one for the murder of Muscedere.
Caldwell recalled a tense conversation between Kellestine and Raposo in early 2006, when the bikers discussed how the American headquarters of the club wanted to expel them. She recalled Raposo saying that it was tough for him to communicate with the Americans, since the Canadian bikers were in breach of several club rules. Court has heard that the American bikers were frustrated that the Canadians hadn't been communicating with them, as required by the club's constitution. She recalled that Raposo asked Kellestine, "What am I supposed to do? We're breaking the rules."
The trial continues.
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Girlfriend overheard patches dispute
Wed, June 10, 2009
Carrie Caldwell testified her boyfriend, shooting victim Luis Manny Raposo, told her things he said could get him killed
By JANE SIMS
First she saw his photograph, then his Bandido vest. Each time, Carrie Caldwell gave a warm, but sad, smile of recognition. "I loved him. He loved me," she said. She pointed with a gloved hand to the rip on the right shoulder of the vest, something her boyfriend Luis Manny Raposo tried to stitch together at a couple of parties, but ended up tacking together with safety pins. "Yes. That's Chopper's," she said in the witness box at the Bandido trial yesterday, referring to her biker boyfriend's nickname.
Caldwell was Raposo's confidante and had a rare look inside the conflict that gripped the Bandidos before the shooting death of eight Toronto-area men whose bodies were found on Stafford Line in Elgin County on April 8, 2006. "He told me things he told me could get him killed," she said in her quiet voice.
Raposo, 41, the former national secretary of the club, was one of the men found dead that morning. Caldwell knew the other seven: John "Boxer" Muscedere, 48, George "Pony" Jessome, 52, George "Crash" Kriarakis, 28, Frank Salerno, 43, Paul "Paulie" Sinopoli, 30, Jamie Flanz, 37, and Michael "Mikey" Trotta, 31. She was testifying at the trial of six men charged with eight counts of first-degree murder, some of whom she met before Raposo was killed: Wayne Kellestine, 60, and Frank Mather, 35, of Dutton-Dunwich; Brett Gardiner, 24, of no fixed address; and Michael Sandham, 39, Marcelo Aravena, 33, and Dwight Mushey, 41, of Winnipeg.
Caldwell, a nurse and single mother, had been with Raposo since they met in Port Dover on May 13, 2005, at a Friday the 13th motorcycle gathering in the Lake Erie village. Raposo was wearing his Bandido colours -- his vest with the "Fat Mexican" emblem. It was a long-distance relationship -- Caldwell in London and Raposo in Toronto. They talked on the phone every night. Caldwell became Raposo's sounding board and she began to understand the internal troubles that plagued the group. She said it was "not normal" for him to tell her club business. Raposo told her he wasn't supposed to talk about it with anyone but "bros." She knew Kellestine and another Bandido, David "Concrete Dave" Weiche, before she met Raposo. She met Mather through them and knew him as "Red."
Caldwell had been to Kellestine's farm many times. She recalled a party there in June 2005 and said she and Raposo would go there if he came to visit her in London. She was shown parts of a video from a party at Kellestine's and identified Kellestine's singing voice. "Dave and him often broke into song," she said. She also described other gatherings, including a motorcycle run north of Toronto and "last run" of the year in Peterborough. Sandham came to the Peterborough run, but not the Christmas party.
One of Raposo's jobs was to collect dues. She said victim Paul Sinopoli also collected dues "but sometimes he got demoted." Winnipeg, a probationary chapter, wasn't paying its dues to Toronto. "I don't think they paid at all," she said. Caldwell said she also met Sandham, known as Taz, several times, and Mushey. She recalled meeting them with Raposo and Kellestine in a Toronto airport hotel where the Winnipeg bikers, wanted their expenses to be paid by the Toronto Bandidos. "No, they weren't paid," she said.
Sandham and Raposo had a heated discussion on her phone, she said about a party. "He was giving Chopper a hard time," she said.
She was not aware of the group's troubles until December, 2005. At Kellestine's farm, she said Raposo and Kellestine got in a heated argument where "voices were raised." "They were talking about the States pulling their patches," Caldwell said. "Wayne didn't want to give up his patch and what were they going to do about it." Raposo told her he didn't know what to do. The dues weren't paid, and he couldn't send an e-mail or any information because "we're not following the rules." Caldwell said Raposo didn't like using e-mail "because it was one of the ways the cops could monitor."
She is expected to return to the witness box today.
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Slain biker brought gun to a party, trial hears
Jun 10, 2009 11:14 AM
LONDON, ONT. – Bandidos biker Luis Raposo brought a handgun to a club party in south Riverdale less than a month before his murder because he expected trouble might break out, his former girlfriend told a mass murder trial today.
Carrie Caldwell, a London nurse, told the Bandidos trial that she later asked Raposo: "What's up with that?" "There might be some problems," she recalled Raposo as replying. Raposo brought the gun to a club party at a hall on Broadview Ave. near Queen St. E. on March 18, 2006, three weeks before he and seven others connected to the Greater Toronto Area chapter of the Bandidos were shot to death.
There weren't any fireworks at the party, which was snubbed by members from the Winnipeg probationary chapter of the Bandidos and Wayne Kellestine, 60, a member from Iona Station, west of London. Raposo's bullet-riddled body was found in an abandoned vehicle 14 kilometres from Kellestine's farm early in the morning of April 8, 2006.
The party fizzled and broke up by 11 p.m., when some of the bikers went to Muscedere's apartment in Parkdale. In the foyer of the Parkdale highrise, Raposo passed the silver handgun to Flanz, who slipped it to a junior prospect club member known as "Stone," Caldwell said. At the meeting, the Winnipeggers had been expected to pay up back dues to Raposo, who had served as the Bandidos' national secretary.
Raposo hadn't been impressed by Winnipeggers, including their president, Michael Sandham, a former police officer, who inflated his status in the club, Caldwell said. "They weren't paying (dues)," Caldwell said. "They weren't following protocol. They were doing what they wanted."
The trial continues.
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Kellestine cried on the phone, girlfriend of slain biker testifies
Wed, June 10, 2009
Second day of testimony for Carrie Caldwell at Bandidos trial
Carrie Caldwell knew her boyfriend and his friends were dead. And she knew Wayne Kellestine would know why. The day after eight men, including her boyfriend Luis Manny "Chopper" Raposo, 41 and seven other men connected to the Bandido motorcycle club were found shot to death, she called Kellestine's cellphone. "Wayne was pretty quiet," she said during her testimony this morning at the Bandido trial. "I don't think he could get a word in edgewise."
But near the end of the conversation, "I'm pretty sure he was crying." "He said 'I got (expletive) up and I (expletive) up." Caldwell said she was shocked: "I didn't know what that meant." Then, she said, Kellestine hung up.
The jury has heard evidence the Bandidos were entrenched in an internal conflict that led to the shootings. The men had been at Kellestine's farm for a meeting hours before they were found dead. Caldwell, who started her testimony yesterday, knew Kellestine before she met Raposo. When she had been alerted to the shootings, she saw on a television report that one of the cars belonged to her boyfriend. She called Kellestine's farm twice on April 8, 2006. The first time she asked "where Chopper was and if they were the ones who were found."
"He didn't answer me straight out," she said. Caldwell said Kellestine was "offhand, blase" about it. She called again later, only to have Kerry Morris, a friend of Kellestine's, hang up on her. Caldwell didn't call again until the next morning, when she had the brief, emotional conversation with Kellestine. In cross-examination, Caldwell said Raposo, the former national secretary of the Bandidos, was planning to retire from the club in June, 2006.
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Kellestine thought to be crying: witness
Thu, June 11, 2009
BANDIDOS TRIAL: Jury told of phone calls to farm
By JANE SIMS
Wayne Kellestine's voice was cracking with emotion over the phone line. I got (expletive) up and I (expletive) up," he told Carrie Caldwell, the girlfriend of one of the eight men found shot dead the day before near Shedden. I'm pretty sure he was crying," Caldwell told the jury at the Bandidos trial yesterday during her testimony about her relationship with the former national secretary Luis Manny (Chopper) Raposo and the rest of the Canadian Bandidos Toronto-based motorcycle club.
"I was shocked. I didn't know what that meant," she said. Kellestine, 60, a Bandidos biker and one of the six men who have pleaded not guilty to eight counts of first-degree murder, had been quietly listening to a "hysterical" Caldwell who was demanding to know what happened to Raposo, 41, and his friends.
A day earlier, Caldwell had seen Raposo's Volkswagen Golf and victim Jamie Flanz's Infiniti SUV on TV news reports of the grisly discovery on Stafford Line.She tried to call Raposo, 41, her boyfriend of a year, but his phone was turned off. So were the phones of national president John (Boxer) Muscedere, 48, George (Crash) Kriarakis, 28, and Paul (Paulie) Sinopoli, 30.She later found out George Jessome, 52, Jamie Flanz, 37, and Michael Trotta, 31, were dead, too.
She called Muscedere's girlfriend, Nina Lee, looking for Chopper. Lee was looking for Boxer. Then, Caldwell said, she made her first call of two calls on April 8, 2006, to Kellestine's farm on Aberdeen Line in Dutton- Dunwich. She asked "where Chopper was and if they were the ones who were found.""He didn't answer me straight out," she said.Caldwell said Kellestine was "offhand, blase" about it. She called again later that day, only to have Kerry Morris, a friend of Kellestine's, hang up on her. Ca\dwell didn't call again until the next morning, when she had the brief, emotional conversation with Kellestine.
Kellestine is on trial, along with Frank Mather, 35, of Dutton-Dunwich; Brett Gardiner, 24, of no fixed address; and Michael Sandham, 39, Marcelo Aravena, 33, and Dwight Mushey, 41, of Winnipeg.
The jury heard about another Kellestine phone conversation from Muscedere's younger brother.Joe Muscedere testified he called the Kellestine farm the evening the bodies were found, but was told Kellestine was unavailable.He called the next day after he and his father went to the crime scene, then identified Boxer from a photograph.Muscedere's brother said a woman answered the phone and told Kellestine who it was. He heard Kellestine say "oh s . . ."Once on the line, Kellestine was "surprised, evasive and a little nervous."After he was told Muscedere was dead, Kellestine asked if the father and son had been to the police. "My condolences," he said. "You know what your brother meant to me."
Boxer and Kellestine had been close friends, but "they weren't as close" at the time of the deaths, Joe Muscedere testified.Kellestine told him a reporter had called him and asked if he was dead. Joe Muscedere heard laughter in the background.
Caldwell, a nurse and single mother, was in the witness box most of the day after starting her testimony Tuesday. She continued to describe how she became Raposo's girlfriend and confidante.She told the jury he often told her Bandidos club secrets and was aware of the internal struggles between the national chapter and the fledgling Winnipeg chapter they were supporting.She knew Winnipeg had not been paying their dues. She also knew the international Bandidos had ordered that the Canadian patches be pulled.Caldwell had helped Raposo draft e-mails to Sandham insisting the Winnipeg Bandidos maintain communication and attend a mandatory national party in Toronto on March 18, 2006, where the dues problem would have been discussed.She said she "never got warm fuzzies" when she met Sandham, later found out to be an ex-cop, and told Raposo she thought he acted like a police officer."Chopper said he was sly and he had a military background and that's why (I) feel uncomfortable," she said.The Winnipeg chapter, Kellestine, Mather, and friends Kerry Morris and Eric Niessen did not attend the party.
After the party ended, Caldwell said she and Raposo went back to Muscedere's apartment. While they were waiting in the lobby, she saw Raposo pass a silver handgun to Flanz, who passed it to another Bandido named Shane Gardiner, also known as Stone.Raposo told her later the gun was there because "there might have been some problems."Caldwell said she was with Raposo months earlier when he bought a long gun from a reserve near London for $40. He wrapped it in her coat and put it on the front of his motorcycle, then drove it to Kellestine's, where he dropped it off.She said Raposo was planning to retire from the Bandidos in June 2006 and come to London to live with her.Caldwell also said Raposo had been a "heavy user" of cocaine, but was quitting because she did not approve of drugs.
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Bandidos jurors get a glimpse inside Wayne Kellestine's barn
Thu, June 11, 2009
Site is where slain bikers allegedly spent their final moments
Jurors were taken on a pictorial tour of Wayne Kellestine's barn this morning, where it's alleged eight Bandidos spent their final moments.
The Bandido trial focused on Kellestine's Aberdeen Line farm in Dutton-Dunwich and the searches conducted there by police for six weeks after the men were found shot to death 14 kilometres away, near Shedden on April 8, 2006. OPP Det. Const. Ross Stuart returned to the witness box to act as tour guide for the six men and six women who have been hearing the three-month-long trial.
The jury saw photographs of the farm and inside the barn. What was clear is that Kellestine was no housekeeper. Stacks and stacks of items were found in and around the shed and barn. Among the items were construction materials, old fridges, freezers, motorcycle parts, hardwood flooring, lawn mowers of various sizes, tools, ladders, a Harley-Davidson motorcycle, old windows, furniture, beer signs, a Nazi flag, a POW-MIA flag, girlie pictures and a yellow cap with the initials KKK on it.
Inside the barn there was a sign that said Provincial Offences Court. There was also a lot of rust-coloured staining on the floor, some of it still wet. Stuart showed a video of the area and pointed out a firepit that police covered with a tent for investigation purposes. It's expected the jury will see inside Kellestine's house this afternoon. Six men have pleaded not guilty to eight counts of first-degree murder. The Crown's case is focusing on internal conflicts inside the Canadian chapter motorcycle club, both with the international headquarters and with the fledgling Winnipeg chapter that was under their control.
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Jury witnesses massive clutter
Fri, June 12, 2009
BANDIDOS TRIAL: Kellestine's farm seen in photos, video
To say Wayne Kellestine's farm was cluttered is a bit of an understatement.
The jury at the Bandidos trial took a look at the farm through photos and a video yesterday. They got sense of the mammoth job that faced police durng the six weeks they searched the 50-acre property at 32196 Aberdeen Line in Dutton-Dunwich in Elgin County three years ago.
OPP Det. Const. Ross Stuart returned to the witness box to act as tour guide for the six men and six women who have been hearing the three-month-long trial in which six men, including Kellestine, have pleaded not guilty to eight counts of first-degree murder. Parts of the barn where the Crown says eight Bandido bikers spent their final moments April 8, 2006, were jammed with junk -- old fridges and freezers, lawn tractors and parts, motorcycle parts, tires, building material, hardwood flooring and a yellow ball cap with the letters "KKK."
And in the barn's main room -- containing a Confederate flag, various pieces of living room and patio furniture and other more eclectic collections -- the cement floor was wet and stained. There was a ladder leading to a loft full of items that overlooked the main room. On the wall was a sign: "Provincial Offences Court." The shed was also packed. Tools and wrenches were neatly hung on the wall, but the benches were covered with power tools and junk. A Harley-Davidson motorcycle was covered with a tarp.
A Nazi flag hung on the wall.
Every room of the rambling four-bedroom house was full of clutter. The rear living room had a stone fireplace, family pictures on the wall and a large stereo. The room was crammed with collectibles. A couple of hand grenades were on one shelf and an old artillery shell leaned up against the wall with some walking canes. A large pickle jar had the words "Potty Mouth Jar" and was sitting on a shelf. A police scanner sat on a stereo speaker. The kitchen counter was cluttered and the dish rack full of dishes. Stuart pointed to an area of cupboard under the microwave that he said became an area of interest in the case. The toilet wasn't working in the main floor bathroom and there was a note on the wall warning people not to flush.
Stuart also showed photos from the fire pit near the barn where an archeological team from the University of Western Ontario sifted through the ashes. Remnants of eyeglasses, burnt money, belt buckles, zipper pulls, a Harley-Davidson lighter, cellphones and steel boot shanks were found. There were also burnt keys that were duplicated by the OPP special entry team in Orillia. The duplicates opened residences of victims Raposo, Muscedere, Trotta and Sinopoli. One key opened victim Salerno's car. The jury is expected to hear more about the archeological search next week.
The trial continues Monday.
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Bandidos jurors hear testimony about water sources
Canada - ~Bandidos jurors hear testimony about water sources on Kellestine farm~
Testimony continued today at the Bandido trial with cross-examination of the lead identification officer. Det. Const. Ross Stuart returned to the witness box this morning and identified where the OPP found police scanners and walkie-talkies at Wayne Kellestine's farm. He also identified photographs showing a bathroom with a toilet that had to be primed with water to work. Kellestine's lawyer, Clay Powell, asked Stuart if he had noticed that the copper piping that led to the bathroom had burst from freezing over the winter. Stuart said water sources for the bathroom could have come from a well beside the barn, empty freezers near the well that had filled with rainwater, or from the basement where the water was working.
The trial is in its third month.
Six men - Kellestine, 60, and Frank Mather, 35, of Dutton-Dunwich; Brett Gardiner, 24, of no fixed address; and Michael Sandham, 39, Marcelo Aravena, 33, and Dwight Mushey, 41, of Winnipeg - have pleaded not guilty to eight counts of first-degree murder. Eight men, all with ties to the Toronto chapter of the Bandidos motorcycle club, were found shot to death on April 8, 2006 along a rural Elgin County road near Shedden. The shooting victims were George Jessome, 52, George Kriarakis, 28, John Muscedere, 48, Luis Raposo, 41, Frank Salerno, 43, Paul Sinopoli, 30, Jamie Flanz, 37, and Michael Trotta, 31. The jury has heard evidence of an internal struggle between the Toronto Bandidos chapter, a fledgling Winnipeg chapter and the international headquarters in Texas.
The trial continues this morning.
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Cop watched accused in Bandidos trial get suspect vehicle cleaned, jury hears
Mon, June 15, 2009
The Chamois Car Wash in Winnipeg promised its customers they would "Look Good in a Clean Car."
Ex-police officer and fledgling Bandido biker Michael Sandham rolled the red GMC Jimmy into the car wash on Reenders Drive just two days after eight men had been found shot to death along a rural road in Elgin County near Shedden. The jury at the Bandidos trial — where six men, including Sandham, have pleaded not guilty to eight counts of first-degree murder — have heard that the Jimmy had been at Wayne Kellestine's farm, then began its journey back to Winnipeg the morning the bodies were discovered.
On the morning of April 10, 2006, Sandham took the SUV in for a carpet and seat shampoo, signed in the with name "Shane Stevenson" and waited for the cleaning. What he didn't know was that the other customer in the waiting area who was having a breakfast burrito with his son was a Winnipeg police officer and a member of the organized-crime unit. "I sit down in the lobby and I see Michael Sandham," said Const. Grant Goulet during his testimony this morning. Goulet was on his day off and had just returned from a long family road trip. He recognized Sandham from previous investigations. Sandham didn't recognize Goulet.
Shortly before 11 a.m., Goulet watched the Chamois staff bring out the Jimmy. He noticed that the driver's side rear bumper had been scraped. He saw there was plastic wrap over the seats, indicating they had been freshly cleaned. He watched Sandham get in the vehicle, took note of the license plate and watched Sandham do "counter surveillance" — bypassing obvious exits, sitting for a few minutes in one spot, then following the same routine again.
On April 15, 2006, Goulet was watching Sandham again — this time while on duty. Goulet was part of a surveillance team that followed Sandham to Selkirk, Man., just outside of Winnipeg, where he went to the local Walmart, dropped off his wife and child, then took the Jimmy to the service bay to have the tires replaced. The jury watched Goulet's surveillance video and saw the old tires be bagged up by Walmart service technicians and put into the back of the Jimmy. Later, Winnipeg police saw Sandham get rid of the tires "out in the middle of nowhere" near the intersection of Hillside and Heatherdale roads not far from Birdshill Park, 10 to 12 kilometres outside Winnipeg. The jury saw more videotape of the tire-disposal area and where the four B. F. Goodrich Radial Long tires came to rest after they were rolled down a steep hill into a ravine. Goulet noted that there was no other garbage or tires in the area.
Six men — Wayne Kellestine, 60, and Frank Mather, 35, of Dutton-Dunwich; Brett Gardiner, 24, of no fixed address; and Sandham, 39, Marcelo Aravena, 33, and Dwight Mushey, 41, of Winnipeg — have pleaded not guilty to eight counts of first-degree murder.
Eight men, all with ties to the Toronto chapter of the Bandidos motorcycle club, were found shot to death on April 8, 2006 along a rural Elgin County road near Shedden. The shooting victims were George Jessome, 52, George Kriarakis, 28, John Muscedere, 48, Luis Raposo, 41, Frank Salerno, 43, Paul Sinopoli, 30, Jamie Flanz, 37, and Michael Trotta, 31. The jury has heard evidence of an internal struggle between the Toronto Bandidos chapter, a fledgling Winnipeg chapter and the international headquarters in Texas.
The trial, in its third month, continues this afternoon.
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At Bandidos trial, cop maps out route taken by accused
Tue, June 16, 2009
Evidence continued this morning at the Bandido trial, with a description of an out-of-the way route one of the accused took during a tire-purchase drive from his Winnipeg home to a Selkirk, Man., Walmart. Winnipeg police Det. Sgt. Roger Penner mapped out the route for the jury hearing the testimony in the case of six men who have pleaded not guilty to first-degree murder — Wayne Kellestine, 60, and Frank Mather, 35, of Dutton-Dunwich; Brett Gardiner, 24, of no fixed address; and Michael Sandham, 39, Marcelo Aravena, 33, and Dwight Mushey, 41, of Winnipeg. The shooting victims — George Jessome, 52, George Kriarakis, 28, John Muscedere, 48, Luis Raposo, 41, Frank Salerno, 43, Paul Sinopoli, 30, Jamie Flanz, 37, and Michael Trotta, 31 — were all members of the Toronto chapter of the Bandido motorcycle club.
Testimony this week has focused on Sandham's movements the days following the discovery of the bodies on a quiet rural road in Elgin County on April 8, 2006. Penner said his unit in the organized-crime division was watching Sandham at the request of the Ontario Provincial Police. Sandham appeared to take measures to evade surveillance during his trip to Selkirk on April 15, 2006.
He took short side streets, doubled back and drove around city blocks. His round trip to Selkirk was almost twice as long as the direct route from his home. He ended up dumping his old tires in a remote ravine outside the city. Police retrieved the tires, then replaced them with “dummy tires” — thinking Sandham would return. And he did on April 17, 2006. Police followed Sanham to the area. The dummy tires were still there after Sandham left. Kellestine's defence lawyer, Clay Powell, asked Penner, in his role with the organized-crime unit, if he had any dealings with a man who is yet to testify and was with at the Kellestine farm during the shootings.
Penner said he knew the informant "to be in the drug game" and "hanging around with those types of people."
The trial continues this afternoon.
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Accused calm at border, trial told
Wed, June 17, 2009
By JANE SIMS
The alert went out to all U.S. border crossings to be on the lookout for Michael Sandham, "president of the Bandidos motorcycle gang in Winnipeg." At the remote border crossing at Neche, S.D., Tim Vetter, a U.S. border guard, found out there was "a possible situation" when he punched Sandham's name into his computer on May 30, 2006. Sandham, one of six men who have pleaded not guilty to eight counts of first-degree murder, had rolled up to the crossing an hour and a half from Winnipeg on his black Harley-Davidson motorcycle. He said he was going to Sturgis, S.D. Yesterday, at the Bandido trial in London, Vetter described his hour with Sandham waiting for clearance to allow him into the U.S.
Sandham, 39, is on trial with Wayne Kellestine, 60, and Frank Mather, 35, of Dutton-Dunwich; Brett Gardiner, 24, of no fixed address; and Marcelo Aravena, 33, and Dwight Mushey, 41, of Winnipeg. The shooting victims -- George Jessome, 52, George Kriarakis, 28, John Muscedere, 48, Luis Raposo, 41, Frank Salerno, 43, Paul Sinopoli, 30, Jamie Flanz, 37, and Michael Trotta, 31 -- were all members of the Toronto chapter of the Bandido motorcycle club. They were found shot to death along a rural road in Elgin County on April 8, 2006.
The jury has heard of the tensions between the Toronto-based bikers and their fledgling Winnipeg chapter. There was also friction between the Toronto members and the international headquarters in Texas, where there had been orders that the men give up their biker patches.
Sandham had chosen a quiet entry into the U.S.: Neche is on a a two-way highway where vehicles are processed one at a time. He filled out paperwork with his particulars and indicated he was on his way to Sturgis to check out the town before its large August motorcycle rally. The jury has heard Sandham didn't go to Sturgis, but headed to Houston to meet with the international executive of the Bandido motorcycle club. Vetter said he inspected Sandham's saddle bags and backpack. He found no cellphone or Bandidos-related items or maps that indicated he was going to Texas. Vetter said he and Sandham made small talk during the wait. Most people, he said, get upset when they have to wait a long time. "He was not agitated whatsoever," Vetter said.
Earlier, the evidence focused on a description of a long, out-of-the-way route Sandham took during a tire-buying trip from his Winnipeg residence to a Walmart in Selkirk, Man. Winnipeg Det. Sgt. Roger Penner mapped the route for the jury, looking at Sandham's movements the days after the bodies were found, at the OPP's request. Sandham dumped his old tires in a ravine outside the city. Police retrieved the tires and replaced them with "dummy tires," thinking Sandham would return. He did, on April 17, 2006.
Kellestine's lawyer, Clay Powell, asked Penner, in his role with the organized crime unit, if he had any dealings with a man who is yet to testify and was at the Kellestine farm during the shootings. Penner said he knew the informant "to be in the drug game" and "hanging around with those types of people." The jury also heard from an OPP locksmith who tested duplicates of keys found in a fire pit on Kellestine's farm. Many could be matched at the homes of the dead men.
The trial continues.
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Bandidos jurors hear about contents of Kellestine's fire pit
Thu, June 18, 2009
By JANE SIMS, LONDON FREE PRESS
At first glance, the fire pit at Wayne Kellestine's farm appeared to be nothing more than a heap of white ashes. But a closer look and the work of a University of Western Ontario archeology team unearthed clues about what happened there. There were three sets of eyeglasses, several sets of keys, charred cellphones parts, a burned sofa, various paper notebooks and a cigarette lighter with a Harley-Davidson emblem. Money clips — one with several burned $20 bills — zipper tabs, rivets, buttons, snaps, a belt buckle, steel toes from boots, film canisters, a broken headlight, metal strips, a wallet chain and coins were sifted out of the debris. And there were casings from shotgun shells.
This morning, Michael Spence, a University of Western Ontario professor emeritus and an expert in forensic archeology testified at the Bandido trial what he and his team found in the fire pit near the barn where the Crown says eight Bandido bikers spent their final moments on April 8, 2006. George Jessome, 52, George Kriarakis, 28, John Muscedere, 48, Luis Raposo, 41, Frank Salerno, 43, Paul Sinopoli, 30, Jamie Flanz, 37, and Michael Trotta, 31., all of the Toronto area were found shot to death and left in vehicles along a rural Elgin County Road near Shedden, about 14 kilometres from Kellestine's farm. All the men were associated with the Toronto chapter of the Bandidos motorcycle club. Six men have pleaded not guilty to first-degree murder — Kellestine, 60, and Frank Mather, 35, of Dutton-Dunwich; Brett Gardiner, 24, of no fixed address; and Michael Sandham, 39, Marcelo Aravena, 33, and Dwight Mushey, 41, of Winnipeg.
The archeology team sifted through the pit over three days from April 17 to 19, 2006. The police had placed a tent over the area and a tarp over the fire pit during the investigation to protect it for Spence's work. Spence described how the pit was mapped out and how each item found was documented. All of it was carefully removed from the area and sent away for analysis. Spence and his team also examined ashes in two metal drums on the property, a pail of ashes and the indoor fireplace. One drum near the fire pit had some siding, a candle holder, a garbage bag and glass and metal bottles and cans. The second drum near a picnic table had branches, tissues, two toe nails, cigarette butts and duct tape. The fireplace appeared to have been cleaned out, but another fire had been started. Spence's team found a condom, condom wrappers, computer parts, a paper notebook and a zipper tab.
The jury is also hearing from experts from the Centre of Forensic Sciences today who are discussing various pieces of evidence. Expert chemist Charlotte Smaglinski analysed some rust-coloured fluid taken from the Kellestine barn floor. The jury has seen photographs where its appeared the floor was smeared with the liquid. Part of it was acidic, and was likely hydrochloric acid, she said. There was also calcium, iron, zinc and potasium in the analysis. In separate experiments, Smaglinski tested the fluid with iron. It didn't take long for the acid to turn to a similar rust colour. None of the material was found on items of accused's clothing she examined — Frank Mather's boots, Brett Gardiner's boots or Kellestine's shirt and belt.
The jury broke for lunch in the middle of testimony from Douglas Isherwood, also from the Centre for Forensic Sciences. His expertise is in the retrieval of data from mobile-communication devices. Isherwood examined the remains of eight cellphones found in the fire pit. The blackened and melted pieces came to him in exhibit bags. No data could be retrieved from them because they were so badly damaged. But he was able to retrieve numbers off batteries and the phones and identify that some se emed to come from Motorola models. He also examined a Motorola phone found in a gym bag inside the games room in the Kellestine home.
The jury has heard that Gardiner used the nickname Bull. The calendar on the phone marked June 19 in 2004, 2005 and 2006 with the name Bull with a number, an icon resembling a gift.
The jury has seen an e-mail signed by Bull to a woman named Jessica. On the phone was a note for July 27, 2005, that Jessica was paid $150 "for baby," with a smiley face icon. There were several phone numbers in the address book, including one for "Jessi Baby Girl", "Jon the Wop" and Amy. Isherwood examined another cell phone found in Kellestine's kitchen. The address book included numbers for names familiar to the trial: victim nicknames Chopper (Raposo) BamBam (Salerno), Boxer (Muscedere) Crash (Kriarakis), Paulie (Sinopoli) and Pony (Jessome). There were entries for Tazman (Sandham), Frank Mathers (sic), Dwight A Mushy (sic) and Wayne.
There will be no more evidence heard until July 14 to allow Mushey's new senior lawyer Michael Moon, to get up to speed. Superior Court Justice Thomas Heeney told the jury he was sending them "off for summer vacation" but the case will enter "the home stretch." He told them once the trial continues "we will then plow through full speed until we finish the case." Assistant Crown attorney Fraser Kelly told the court the next witness will be M.H., a police informant who was at the Kellestine farm at the time of the shootings.
The trial continues in three weeks.
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Bandidos mystery witness to testify
Tue, July 14, 2009
BIKER TRIAL: The witness goes only by M.H.
He can only be called M.H. -- and he's the most anticipated witness in the Bandidos murder trial.
This morning, in court in London, he's expected to enter the witness box to begin what's believed to be lengthy testimony into what he saw the night eight men associated with the Toronto chapter of the motorcycle club were shot to death in Elgin County. After a three-week hiatus, the jury gets back to work at the Bandido trial with a flourish, finally hearing from the man who says he was at Wayne Kellestine's farm on April 8, 2006. M.H. has been referred to frequently during the trial that began March 31.
Elgin County Crown attorney Kevin Gowdey spoke about him in his opening statement with a promise his testimony would tell what happened in Kellestine's barn that night. The jury has heard about failing loyalties and tensions that had been building for months. Animosity grew between the Toronto chapter -- also recognized as the Canadian national chapter -- and the ambitious, fledgling Winnipeg probationary chapter that was their charge. The jury has heard the Winnipeg chapter was anxious for full status. There were also calls from Bandido international headquarters in Texas to pull the patches of the Toronto chapter because they were no longer following the rules of the club -- and the jury has seen e-mails plotting out the tension in the months before the deaths. M.H., travelled from Winnipeg with Sandham, Mushey and Gardiner to Kellestine's farm two weeks before the men died. He was there for the shootings and will describe what happened at the farm and about the internal conflict that led to the fatal day.
The jury has already reviewed a mountain of evidence -- photographs, e-mails, maps, and videos -- and heard from many witnesses, including police officers, one victim's wife, two girlfriends, civilians and an archeologist. The trial has had several stops and starts, the most lengthy delay because of a change in defence lawyer for Mushey. Brampton-based lawyer Michael Moon has taken over the senior defence role after Edward Royle left because of a serious family illness. Before the long break, Superior Court Justice Thomas Heeney promised the jury the case would enter "the home stretch" once it resumed.
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Star witness testifies about career as a Bandido
Tue, July 14, 2009
By JANE SIMS, AND JOHN MINER, LONDON FREE PRESS
He is tall and broad-shouldered with neatly trimmed hair, glasses and wearing a well-pressed blue suit. He smiles slightly when he talks about his wife and kids. He is forthright when he talks about his criminal past.
He is M.H., the star witness at the Bandido trial who entered the witness box this morning for his long-awaited testimony. His identity is under a tight court order, but through questions by assistant Crown attorney Tim Zuber, he did share in some of his past and how he became involved with the Bandido motorcycle club during his early testimony this morning. He also spoke of the tensions and power struggles within the organization. He identified all six accused, who have pleaded not guilty to eight counts of first-degree murder. One of them, Marcelo Aravena, crossed his arms in front of him and scowled. Dwight Mushey stared at him. M.H. is 40, he never finished high school. He worked in various construction jobs and eventually found himself selling cocaine at a Winnipeg bar.
He was a member of a Hells Angels puppet club and was busted twice for selling cocaine for the purpose of trafficking. By the time he finished his house-arrest sentence, the puppet club was no more and he had been contacted by a member of the Bandidos to join. He had met Mushey, who co-owned a nightclub called Daddy's, through a job. Aravena had been a doorman at the bar. It was he and Mushey who decided to join the Bandidos in the summer of 2005. They met Michael Sandham, the president of the probationary chapter. He also knew Jamie Korne, the vice president. Sandham told he and Mushey he had been an Outlaw in Woodstock, Ont. and had been in charge of a puppet club called the Black Pistons. He had turned his patch over to join the Bandidos. Sandham seemed to have control over all aspects of the probationary club and told the new prospects they would have their full-patch status soon once Toronto, their sponsors, approved. Within a couple months, M.H. and Mushey were promoted and Sandham had taken on the secretary-treasurer job with his presidential duties. He had eliminated the vice-president job.
In a set of rules handed out to M.H. and Mushey, drafted by Sandham, there were warnings not to contact the national chapter in Toronto about "internal problems." M.H. said Sandham included this rule because Korne had been "going behind his back" and directly to Toronto. "We have a chain of command in our chapter. USE IT! NO SIDE STEPPING!" the rules said. M.H. said they were sending dues to Toronto, but there was no decision from them to grant full-chapter status. M.H. said the Manitoba chapter couldn't get their patches without Toronto's approval. "We actually made our own," he said. "Wayne (Kellestine) told us Toronto wasn't talking to the States. Wayne told us to go make our own."
M. H. said he, Mushey and Sandham made up the Winnipeg executive with Sandham calling the shots. Other Winnipeg chapter members lived in Saskatchewan and one in Calgary. Brett Gardiner became involved with club while living with a Saskatchewan Bandido nicknamed J. B. (Just Bob). Gardiner moved in with Mushey in the summer of 2005. M. H. Said Gardiner was a prospect. There was also a Bandido puppet club started in Winnipeg called Los Montoneros. M. H. said he and Mushey put the club together - including former members of other motorcycle-related clubs - and Sandham conducted the security checks. M H. described meeting Toronto chapter members in Keswick with Mushey and Sandham. He also met Kellestine, the national sergeant-at-arms, who promised to bring up the Winnipeg chapter's status at a Toronto "church" meeting. M. H. said Kellestine supported granting them full-chapter status. "He wanted growth. He wanted to go coast-to-coast," M. H. said, adding Kellestine wanted "as many as we could get."
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Biker gang tensions escalated, mass murder trial told
LONDON, Ont. – A supposed eye witness to the largest mass murder in modern Ontario history finally took the witness stand today, describing escalating tensions within the Bandidos Motorcycle Club. The witness, who's now living under a new name in a witness protection program, can only be identified as "M.H." to protect his identity.
Dressed in a neatly tailored blue business suit and tie, M.H. looked more like a banker than a biker as he described tensions within the club in the year leading up to the slaughter of eight members of the Bandidos club in April 2006 near the tiny hamlet of Shedden, west of London. Speaking in a soft, low voice, the former executive member of the Winnipeg Bandidos said that most Toronto members didn't want the Winnipeggers to become full members of the club, and prefered to freeze them indefinitely at a probationary level.
One of the Winnipeggers' few supporters was long-time outlaw biker Wayne Kellestine, 60, who was the Bandidos' national sergeant at arms, meaning he was in charge of club discipline, M.H. said. "He wanted growth," M.H. testified. "... He wanted to go (expand) coast to coast. ... He wanted chapters in every province.... As many as we could get." Kellestine, 60, had a distinctly new look for court today, after court broke for a three-week recess. His hair was neatly cropped above his shoulders and his face was shaved clean and he wore a neat charcol-coloured sports jacket. It was a far cry from his wild look in the early days of the trial, when he wore a long pony tail. Two of his fellow accused, Dwight Mushey, 41, and Marcelo Aravena, 33, shot M.H. cold looks at he assumed the witness stand and told of his time in the Bandidos with them.
M.H. said he met Mushey at a nightclub in Winnipeg, where Mushey was co-owner with Eddie Blake, a former player with the CFL Winnipeg Blue Bombers. He said he met Aravena, a mixed martial arts fighter, because Aravena was a bouncer at Mushey's club, called Fat Daddy's. M.H. said he was contacted by members of the Winnipeg Bandidos about joining, but initially declined because he was on strict house arrest terms for possession of cocaine for the purposes of trafficking. Once that two-year sentence expired, he said that he and Mushey met Michael Sandham, 39, president of the Winnipeg Bandidos. He said that Sandham quickly told them that his Bandidos weren't to be confused with the larger Hells Angels Motorcycle Club. He said that Sandham told them: "It's all about brotherhood and riding.... The HA's (Hells Angels) are about the money and the drugs. The Bandidos aren't like that." M.H. said that Sandham handed Mushey and him a list of club rules, including "don'ts" that would get members expelled from the club.
The rules included a ban on:
— coming between two brothers (members)
— needle use and smoking chemicals (if it doesn't grow don't smoke it)\
— lying to a brother (member)
Kellestine, Sandham, Aravena and Mushey each face eight counts of first degree murder after the discovery of the bullet-riddled bodies of of John Muscedere, 48, of Chatham: Frank Salerno, 43, of Oakville; Paul Sinopoli, 30, of Jackson's Point, Jamie Flanz, 30, of Keswick, Michael Trotta, 31, of Mississauga and Torontonians George Jessome, 52, and George Kriarakis, 28. The bodies were found in vehicles abandoned by a farmers field near Shedden, 14 kilometers from Kellestine's farm. Also facing eight first-degree charges are Winnipeggers Marcello Aravena, 33, Michael Sandham, 39, and Brett Gardiner, 24, and Frank Mather, 35, of no fixed address. Gardiner's parents were in court today, along with a half dozen family members of the victims, including Muscedere's daughter, who's in her early twenties.
The trial continues.
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Bandidos Trial: Manitoba biker cast as control freak
Tue, July 14, 2009
From the moment the star witness at the Bandido trial joined the fledgling Manitoba chapter of the motorcycle club, there was no question about who was in charge. And Michael Sandham told the new members that “any day” their probationary chapter would have its full charter, the witness — a police informant — testified today. Sandham was president, secretary treasurer, rule maker and spokesperson for the Winnipeg-based chapter — a control freak driven by bizarre ambition. But approval never came from the sponsoring Toronto chapter — the men who would later be found shot to death on April 8, 2006 on a rural Elgin County road near Shedden. Those seeds of friction inside the motorcycle club a year before the shootings were mapped out yesterday by M.H., the star witness, whose identity is protected by court order and whose testimony has been the most highly anticipated of the long trial. M.H., 40, was one of a handful of members who joined the Bandidos in Winnipeg and was at Wayne Kellestine’s Dutton-Dunwich farm the night the
In Winnipeg, he was friends with Dwight Mushey, 41, and knew Marcelo Aravena, 33, and Brett Gardiner, 25, through the Bandido connections. Those men, along with Sandham, 39, Kellestine, 60, and Frank Mather, 35, of Dutton-Dunwich, have pleaded not guilty to eight counts of first-degree murder in the deaths of Bandidos Canada national president John Muscedere, 48, George Jessome, 52, George Kriarakis, 28, Luis Raposo, 41, Frank Salerno, 43, Paul Sinopoli, 30, Jamie Flanz, 37, and Michael Trotta, 31, all of the Toronto area. M.H. had met all of them, he said, after he decided with Mushey to join the Manitoba Bandidos. Within months, they were officers of the group — M.H. was sergeant–at–arms, while Mushey was secretary-treasurer. Yesterday, M.H. looked more like an office executive than a motorcycle club executive.
He’s tall and broad-shouldered with neatly trimmed hair, glasses and wore a pressed blue suit. He smiled slightly when he talked about his wife and kids. He was forthright when he talked about his criminal past. Assistant Crown attorney Tim Zuber asked him to identify each man in the long prisoner’s box. As M.H. said their names, Aravena, crossed his arms and scowled. Dwight Mushey stared at him. M.H. said he never finished high school. He said he worked in various construction jobs and eventually found himself selling cocaine at a Winnipeg bar. He was a member of a Hells Angels puppet club and was busted twice for selling cocaine for the purpose of trafficking. By the time he finished a house arrest sentence on his second charge, the puppet club was no more and a Bandidos member contacted him to join their new club. He already knew Mushey, who co-owned a nightclub called Fat Daddy’s, through a job. M.H. said he was contacted by Manitoba vice-president Jamie Korne and then met Sandham at a Winnipeg hotel. Sandham told M.H. and Mushey he was the president and passed on to them several pages of guidelines that promoted “the Bandido Way.” He told them he had been an Outlaw in Woodstock, Ont. and ran the puppet club called the Black Pistons. He said he came to Winnipeg after a police crackdown on the Outlaws. He decided to drop his patch for Bandido colours.
The rules included regular “church” meetings, no needle use or smoking chemicals (“If it don’t grow, don’t smoke it) and Sandham had final say in everything. “This club’s about sacrifice, get used to it,” one rule read.
One rule forbade any member to talk to the national chapter about internal problems — “they have enough on their plate anyway.” M.H. explained Sandham made the rule because Korne was “going behind (Sandham’s back) and speaking to the sponsoring Toronto chapter. Sandham eventually eliminated the vice president job and pushed Korne out of the executive. M.H. and Mushey didn’t spend nearly the required six months as prospects before they were executive members. Other Winnipeg chapter members lived in Saskatchewan and one in Calgary. Gardiner was a prospect member who lived with a Saskatchewan Bandido nicknamed J.B. (Just Bob). He moved in with Mushey in the summer of 2005 and wanted to be “fast-tracked” into the club. By the end of 2005, Aravena, who was the doorman at Mushey’s nightclub, became a prospect. M.H. said he and Mushey helped form a Bandido puppet club called Los Montoneros from former members of other motorcycle-related clubs and Sandham ran the security checks. But even after “jumping through hoops for the Toronto chapter,” the club still didn’t a charter, even after several trips to Toronto by Sandham, Mushey and M.H. to prove themselves. One-on-one, M.H. said Toronto members liked them, but at meetings the discussion was often heated and the Toronto chapter wouldn’t approve them.
And they didn’t have patches.
“We actually made our own,” M.H. said on the advice from Kellestine who was in favour of expanding the Bandidos across the country and told Winnipeg the national chapter was not in contact with the international bosses in the United States. “To him, it made no sense being a worldwide 1% club, we should be expanding,” M.H., said. Kellestine, he said, disapproved of drug use inside the Toronto club and that some members were kicked out for no reason. The patches were made by “a guy who owned a shop” that Mushey knew. Authentic patches should have been ordered by Toronto and sent from the United States.
The trial continues today. .
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Bandidos trial: Bikers were warned be ready "for the worst"
Wed, July 15, 2009
THE LONDON FREE PRESS
Wayne Kellestine told his uninvited biker guests from Winnipeg “to be prepared for the worst.”
It’s why he kept guns under the roof shingles of his farmhouse porch.
It’s why, in the days before the shooting deaths of eight Toronto Bandidos, an elderly friend gave him rusty green shot gun shells kept in a brown hat when he asked for ammunition.
A police informant known as M.H., the star witness at the Bandido trial, testified Wednesday Kellestine told the five Winnipeg Bandidos who showed up at his house at the end of March 2006, he wanted the ammo in case there was “a church” at the farm with a group of rogue Toronto bikers.
“To be prepared for the worst,” M.H. — whose identity is protected — told the Superior Court jury.
In Day 2 testimony by the Winnipeg biker-turned-informant, he described the club’s early tense months of 2006 and the two weeks the Winnipeg bikers crashed at Kellestine’s Elgin County farm, outside London, before the shootings.
Six men, including Kellestine, 60, have pleaded not guilty to eight counts
of first-degree murder. Michael Sandham, 39, the president of the Manitoba Bandidos probationary
chapter and an ex-police officer, Dwight Mushey, the chapter’s secretary-treasurer, Marcelo Aravena, 33, and Brett Gardiner, 25, identified as prospect members and Frank Mather, 35, who lived at Kellestine’s house, have also pleaded not guilty.
Bandidos Canada president John Muscedere, 48, Luis Raposo, 41, Frank Salerno, 43, Paul Sinopoli, 30, George Jessome, 52, George Kriarakis, 28, Jamie Flanz, 37, and Michael Trotta, 31 were found shot to death and their bodies left in vehicles on a rural Elgin road near Shedden on April 8, 2006.
M.H. was the Winnipeg sergeant-at-arms.
He, Sandham, Mushey and Gardiner showed up at Kellestine’s farm unannounced March 27, 2006, under orders from some American counterparts who wanted to know “what was taking so long” to pull the memberships of the Toronto chapter.
Kellestine had been given the task of pulling the patches.
The Toronto chapter, which had ended communication with the international headquarters in the U.S., was the Winnipeg club sponsor but had refused to give it full-charter status.
The Winnipeg chapter found a friend in Kellestine, a member of the Toronto Bandidos being frozen out by the rest of his group. When news came the Toronto chapter was to be disbanded under international orders for disobeying club rules, Sandham turned to Kellestine.
“Wayne was on our side,” M.H. said.
“If Toronto lost their patches, we could lose ours too.”
Sandham, who had control of virtually all aspects of the Manitoba club, contacted the international executive in Texas and there was no contact between Winnipeg and Toronto.
“Wayne and Sandham basically said, 'screw Toronto.’ We’re talking to the States now through Concrete Dave (Weiche) and stuff,” M.H. said.
Weiche, the jury has heard, had been a Toronto Bandido but had moved to
British Columbia.
He arranged for Sandham and Kellestine to meet Bandidos in Washington state at a Canada-U.S. border park ‹ “Brian”, identified by M.H. as the international president’s right-hand man, “Hawaiian Ken” and “Mongo”, the world sergeant-at-arms.
M.H. said the international president was “George,” from the Bellingham, Wash. chapter, who was in jail at the time.
At the park, M.H. said, Kellestine was told he’d be the head of a London chapter that would be called the Ontario Bandidos and was appointed president of the Canadian national chapter. Sandham would be national secretary-treasurer and Manitoba was granted its much-desired full chapter status.
But Kellestine had to “go back and pull the patches from the Toronto members.”
There was no discussion how the memberships would be pulled.
On March 25, 2006, Sandham called Hawaiian Ken, to ask about Toronto’s status. After several calls back, Ken told Sandham to take his crew to Kellestine’s farm “to see what’s going on with pulling the patches.”
Kellestine wasn’t to be told they were coming.
Aravena, a prospect living with Mushey, couldn’t go because he had a mixed-martial-arts fight, but plans were made for them to join up the following week.
Mushey, M.H. testified, asked if they should take weapons.
“Taz (Sandham) said no. If we needed weapons, Wayne would have them.”
Sandham, Gardiner, Mushey and M.H. took two days to drive to Kellestine’s farm in Sandham’s red GMC Jimmy. On the way they found out three men had been at Sandham’s in-laws in Winnipeg looking for him. The group surmised it was two Toronto Bandidos called Stone and Carlito who were with Jamie Korne, a Winnipeg Bandido who was on his way to being kicked out of the club.
Once they arrived at Kellestine’s farm, he was “surprised” to see them.
“Taz (told Kellestine) the States told him to show up there and that they’ll elaborate more after,” M.H. said.
They found out the three men in Winnipeg were there to kill Sandham. Carlito was to be the new president of the chapter.
Mather, who moved into Kellestine’s basement with his girlfriend, was introduced to the men by Kellestine as “one of his boys from London.”
The Winnipeg Bandidos also moved in, sleeping on couches. They were there two weeks. Sometimes they went into Dutton or London. They ate at Kellestine’s or the Holland House restaurant.
The second week, the group discussed how they were going to pull the Toronto patches.
Kellestine suggested they show up at a club meeting and “tell them they’re done, they’re no longer Bandidos.”
Sandham, who spoke of his military training, suggested he could shoot Muscedere with a rifle from the street when the national president was on his apartment balcony smoking a cigar.
Kellestine took some of the men to a nearby First Nation reserve where they met a man named “Cliff” to get shingles for his porch roof where he kept some guns. They also visited the elderly man for some shotgun shells.
On Friday, April 7, Kellestine said he’d tell the Toronto Bandidos there was “a church at his place,” and that Sandham and “another guy from Winnipeg want to know what is going on.”
Sinopoli was called from a phone in Dutton. He later confirmed they’d be coming to the farm.
“Wayne started to bring out the guns and stuff,” M.H. said, from upstairs in the house. Kellestine looked for gun parts all over the house. Some guns didn’t work or were missing pieces.
Mushey cut the barrel of a shotgun off in the shed and cleaned an old handgun Kellestine kept in the shed’s sink. Gardiner and Aravena cleaned some ammunition. Sandham put guns together and loaded a clip.
M.H. was shown several weapons and he identified them as the guns at the farm.
M.H. returns to the witness box Thursday.
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Bandidos boss planned to 'screw' Toronto chapter: murder trial witness
Accused handed out weapons ahead of meeting with Toronto rivals, police informant testifies
Last Updated: Wednesday, July 15, 2009 7:47 PM ET
A key witness in the trial of six men charged with murdering members of the Bandidos biker gang in southwestern Ontario testified Wednesday that the head of the gang's Winnipeg chapter said it was time to "screw Toronto" and work with Bandidos in Washington state instead.
The witness is a former Bandido from the Winnipeg chapter turned police informant who can only be identified as M.H. because he is now in a witness protection program.
He was testifying for the second day in a London, Ont., courtroom in the trial relating to the shooting deaths of eight Bandidos members and associates from the Toronto area. The bodies of the men were found on April 8, 2006, stuffed in several cars that had been abandoned not far from the community of Shedden.
During his testimony, M.H said Bandidos in Winnipeg were upset with gang members in Toronto who were holding the Winnipeg chapter back from full gang membership.
He said one of the accused, Michael Sandham, met with gang officials from the U.S. outside of Vancouver in early 2006 and returned home with the news that the Toronto chapter would "be no more."
Later that year, M.H. said, the Winnipeg members were told to travel to southwestern Ontario with their chapter boss to meet with Bandido Wayne Kellestine, a sympathizer who opposed the Toronto chapter despite being one of its members. Kellestine is one of the six defendants accused of first-degree murder.
The witness described how Kellestine felt slighted by the Toronto chapter, saying he was often informed of club meetings with little time to travel to Toronto from his farm near Shedden.
Under the agreement with the U.S. Bandidos made at the Vancouver meeting, Kellestine would become national president, Sandham would become secretary treasurer and Kellestine would also set up a chapter in London, M.H. testified.
It was to be Kellestine's responsibility to strip the Toronto members of their club patches, he said.
"The States wanted to know what was taking so long," M.H. said.
'Be prepared for the worst'
M.H. told the court that upon arriving at Kellestine's farm without advance notice, Kellestine told the Winnipegers that two Toronto Bandidos had just been sent to Winnipeg to kill the chapter's boss, not knowing that he and other members of the Winnipeg chapter were travelling east just as they were heading west.
The two groups had just missed each other, M.H. said.
On April 6 and 7, the men at Kellestine's house discussed what to do about the Toronto chapter, and it was decided that Kellestine would tell his fellow Toronto members he was holding a "church" — what they called club meetings — at his place, M.H. said.
Kellestine had mentioned he had a cache of weapons hidden under the shingles of his porch roof, and when he spoke of the need to replace the shingles after they were ripped up to get at the weapons, M.H. said, Kellestine was asked why.
"He said, 'Just in case. Be prepared for the worst'," M.H. testified.
Hours before the men were to arrive for the meeting, Kellestine began rounding up weapons — such as shotguns and rifles — that he had stored all over his house, M.H. said, and then the men went about putting them together, cleaning them and loading them.
The Crown alleges the eight men, who had all been shot in the head execution-style, were killed as part of an internal cleansing of the club.
M.H. is expected to give more testimony on Thursday about what occurred during the massacre itself.
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Bandidos ambush gunfire 'sounded like popcorn': witness
Accused were prepared to 'kill them all,' biker-turned-informant testifies
Thu, July 16, 2009
Informant testifies about what he saw the night eight bikers were shot dead
By JANE SIMS
The ominous words came from Wayne Kellestine in the days before the shootings of eight Toronto-area Bandidos bikers.
"If we kill one, we kill them all," he told biker visitors from Winnipeg as they prepared for a "church" meeting at Kellestine's Elgin County farm, southwest of London. Two nights later, a Winnipeg biker-turned-informant, identified at the Bandidos trial only as M.H., heard the "pop, pop, pop" of gunfire inside the barn that sounded like popcorn -- followed by loud bangs and more pops.
Moments later, M.H. testified yesterday, he saw Luis Manny Raposo -- known as Chopper to friends -- sitting on the floor of a cluttered room in the barn, his seven friends prone on the cement, some of them with shotgun wounds. Raposo's left arm was resting on a couch along the barn's east wall. "It looked like he had a wound in his neck and one in his chest," M.H. said. "There was blood on him. There was a little bit of blood on the floor." Raposo wasn't moving, but M.H. said his lips moved and it looked like he was trying to say something, but there was no sound.
That dramatic eyewitness testimony yesterday provided the first glimpse of the violence in Kellestine's barn on April 8, 2006, when eight members of the Toronto chapter of the Bandidos motorcycle club were shot to death. M.H., in the witness box for a third day as a Crown witness at the Superior Court trial of six men who have pleaded not guilty to eight counts of first-degree murder, didn't start his testimony until the afternoon. The jury wasn't told why. He picked up where he left off Wednesday, at the farm with four other Winnipeg Bandidos who'd shown up wanting to know why Kellestine hadn't pulled the patches -- and effectively kicked out of the club -- the rogue Toronto Bandidos.
The Toronto chapter was on the outs with the American international headquarters. The Winnipeg chapter, desperate for its full charter, needed support from its Toronto sponsors. In a move to skirt the unwanted Toronto Bandidos, Kellestine and Winnipeg president, Michael Sandham, met with American counterparts. Kellestine was told he had to pull the patches before he became national president, president of a new Ontario chapter based in London, and Manitoba would have its charter. The Winnipeg Bandidos arrived uninvited to Kellestine's farm two weeks before the shootings. They came without weapons, because Sandham had explained to the others, "if we needed weapons, Wayne would have them."
The jury saw a home movie taken at Kellestine's farm just days before the shootings showing the Winnipeg bikers -- M.H., Sandham, Dwight Mushey, Brett Gardiner and Marcelo Aravena -- and three other male visitors hanging out and joking at the farmhouse.
Kellestine moved the camera from man to man. He turned it on himself -- shirtless, his long grey hair looking wild. "It looks like I just checked out of a f---ing hillbilly convention," he joked as he turned the camera back on guests. M.H. told the jury on April 7, 2006, Kellestine invited the Toronto chapter to his farm for a "church" meeting to discuss Manitoba issues. Kellestine's wife and daughter and Frank Mather's girlfriend left for a friend's house. Then Kellestine, the Winnipeg crew, along with Mather, put together multiple guns Kellestine had on the farm. Sandham, M.H. said, put on a bullet-proof vest. "You should have told me you were bringing your vest," Mushey said to Sandham. "I would have brought mine." Sandham also had several sets of white latex surgical gloves. Everyone, except Kellestine and Mather, put them on, M.H. said. They put other gloves on over top of the surgical ones. Sandham had thin green military gloves. M.H. said he and Mushey had black leather gloves. Mushey duct-taped his onto the cuffs of his coat halfway to his wrists.
Assistant Crown attorney Tim Zuber asked M.H. if anyone said anything while they prepared. "It was kind of understood," M.H. said. "Wayne said 'be prepared for the worst.'" And at least once, M.H. said, Kellestine told them, "If we kill one we kill them all." And "no one questioned it," M.H. said. But Kellestine had concerns. "He was really worried about Boxer (Bandido national president John Muscedere)," M.H. said. "He would have trouble pulling Boxer's patch." M.H. said Kellestine wanted to "save" some of them -- George "Pony" Jessome, George "Crash" Kriarakis and Paul "Paulie" Sinopoli. But he "didn't care" about Frank "BamBam" Salerno or Raposo. And Michael "Little Mikey" Trotta was "a package deal" with Salerno. Kellestine said he thought "if he could get Boxer, the rest would fall into place," M.H. said --"cut the head off a snake." He also thought he could talk to Muscedere one-on-one, "but Chopper was always around."
While waiting for the Toronto men to arrive, Kellestine, Gardiner, Mather and Aravena stayed in the house. M.H. said the Toronto chapter didn't know Gardiner and Aravena, both Manitoba Bandido prospects, and if anyone asked they were "supposed to be from the reserve." Gardiner and Mather had the task of monitoring the police scanner -- a device that was never turned off the entire time M.H. was at the farm. M.H., Mushey and Sandham headed out to the barn with guns. M.H. had a long-barrelled black shotgun. Sandham had a .303 and a single shotgun. Mushey was armed with a sawed-off shotgun. While Sandham climbed up into the loft "for a good vantage point", M.H. and Sandham looked for a place to hide in the cluttered main room and then outside. At one point, Kellestine joined them in the barn, trying to hook up a C.B, radio before returning to the house. M.H. and Mushey ended up outside when the four Toronto vehicles began to arrive.
The first there were Muscedere and Raposo. They walked out to the barn with Kellestine. M.H. said he heard some conversation while listening through a softball-sized hole at the back of the barn, particularly Raposo, who boasted he'd "have a f---ing surprise for Taz (Sandham) when he shows up." "He said he was 'gonna put a f---ing hole in him," M.H. said. Raposo, Muscedere and Kellestine "kind of laughed about it." It took some time before all eight Toronto men were there. M.H. said from where he was at the side of barn, outside, he saw Flanz and Jessome smoking at the barn door. Not long later, M.H. heard the gunfire that lasted about 15 seconds. He and Mushey moved quickly inside the barn, while they heard Kellestine yelling, "telling everybody to get on the floor." "He's telling them not to move," M.H. said. In the barn, there was Kellestine with a .22-calibre rifle in his hands. M.H. could see Jessome, Kriarakis, Sinopoli, Salerno, Flanz and Muscedere lying on the floor, some of them with shotgun wounds and Raposo sitting up, bleeding. Sandham was still in the loft holding the .303, not saying anything. M.H. said he didn't see Trotta until 30 minutes later. He'd been on the floor behind a freezer in the room.
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Fri, July 17, 2009
Bandidos' final moments described in court
Testimony from police informant continues
LONDON, Ont. - One prayed in Greek. Another complained about wounds to his leg. As the first round of gunfire ended inside Wayne Kellestine’s barn, the president of the Toronto Chapter made an order. “Just keep your f---ing mouths shut,” said Frank Salerno, one of the eight men who would later die that night. “We’re bikers, we’re not the Boy Scouts. Stop your whining.” M.H., an informant testifying at the Bandidos trial, recalled Salerno’s words and the drama that was playing out before him while he stood with a gun and guarded the Toronto bikers, some of them with shotgun wounds.The gunfire that had erupted suddenly and mortally wounded Luis Manny “Chopper“ Raposo was over. He was dying on the floor, court heard. The remaining seven were directed to areas around the barn.
Kellestine, after the gunfire subsided was demanding to know “where are the other f---ing guns. I know you guys brought guns,” M.H. tesitfied. He grabbed the double-barelled sawed-off shotgun from near Raposo and took out a spent shell. Later, M.H. said, another sawed-off gun was found in a duffel bag. Michael Sandham had shot Raposo from the barn’s loft. He told Kellestine Raposo shot first and his bulletproof vest had saved him. “I’m here to pull your patches,” M.H. said Kellestine told the men. Kellestine began to act bizarrely, court heard. He sang a German national anthem and “did a jig." When the Toronto bikers said the Lord’s Prayer around Raposo’s body, he dropped to one knee and joined them. He was particularly mean to Jamie Flanz, calling him a “f---ing Jew,“ "a police informant” and vowing to “save you for last,” M.H. testified. It was national president John “Boxer” Muscedere who stood up and told Kellestine he was not an informant and that a murder took place in his home & he never talked about it to anyone.. He ordered all the Toronto men be searched and their property was put on a freezer. Frank Mather and Marcelo Aravena came out to join them in the barn, taking turns with M.H. guarding the prisoners while Kellstine, Sandham and Dwight Mushey had discussions outside.
Six men have pleaded not guilty to first-degree murder — Wayne Kellestine, 60, and Frank Mather, 35, of Dutton-Dunwich; Brett Gardiner, 24, of no fixed address; and Michael Sandham, 39, Marcelo Aravena, 33, and Dwight Mushey, 41, of Winnipeg. The shooting victims were George Jessome, 52, George Kriarakis, 28, John Muscedere, 48, Luis Raposo, 41, Frank Salerno, 43, Paul Sinopoli, 30, Jamie Flanz, 37, and Michael Trotta, 31.
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Bandido leader asked to be killed first, witness says
Fri, July 17, 2009
Testimony from police informant M.H. continues
By JANE SIMS, LONDON FREE PRESS
If they were all going to die, the Bandidos national president wanted to go first. "Do me. Do me first. I want to go out like a man," pleaded John "Boxer" Muscedere several times during the violent, savage night inside Wayne Kellestine's barn. M.H., a Winnipeg biker-turned-informant heard Muscedere, then watched Kellestine try to calm him. "John, come on, we're going to let you go." Already one Toronto Bandido, Luis Manny "Chopper" Raposo was dead & wrapped up in a large throw rug, by two other Toronto bikers with lower ranks.
By the early morning, the eight Toronto bikers who had come to the farm for a "church" meeting would be shot to death. It was a dramatic morning at the Bandidos trial when the jury finally heard what happened inside Kellestine's barn the night the men were killed. M. H., who is testifying at the trial of six men, including Kellestine, who have pleaded not guilty to eight counts of first-degree murder was one of the Winnipeg Bandidos who was there and saw each man led out of the barn to their deaths.
M.H.'s composure — rock-solid until today — cracked a few times as he described how the plan was carried out like a military exercise. And for the first four executions outside the barn, Kellestine was there with a .22 calibre rifle. A sawed-off shotgun was beside Raposo. Michael Sandham, the Winnipeg president and one of the accused, told Kellestine Raposo had shot at him first.
Kellestine was convinced others had guns. The eight were searched by M.H., Dwight Mushey, Sandham and Kellestine. Personal property — cellphones, identification — was put on top of a freezer. Kellestine's behaviour was erratic. He told Mushey he could "shoot Boxer if he moved from that f---ing spot." I'm here to pull your patches," he told them and that they were "done by orders of the States."
He sang a German anthem, he did a jig. He said the Lord's Prayer on one knee with the Toronto victims as they prayed over Raposo's body. He saved his most savage ridicule for Jamie Flanz — calling him a "f---king Jew", "a police informant" and promised to "save you for last." Muscedere stood up and spoke to Kellestine, defencing Flanz, and assuring Kellestine he wasn't an informant. M.H. said Kellestine struck Flanz repeatedly and told him he would be executed last, because he was Jewish and Kellestine wanted him to suffer the most.
George Kriarakis was wounded in the abdomen. Paul Sinopoli was shot in his right thigh. Frank Salerno had small holes in his calf. Michael Trotta had a swollen eye from being "butt stroked" with a gun by Kellestine. When Kriarakis prayed in Greek and Sinopoli complined about his wound and diabetes, Salerno, the Toronto chapter president told them to "keep your f---ing mouths shut." "We're bikers, we're not the f---ing Boy Scouts," he said. "Stop your whining."
Accused Marcelo Aravena joined them in the barn, carrying a baseball bat. He later had a gun in his hand to help guard the men while others were taken out out for execution. Sometimes, as the night wore on, the cellphones would ring, one more than others. One was ringing more than another.
"Boxer said it was his wife phoning," M.H. said during his fourth day of testimony. "Wayne said answer it and 'don't say anything f---ing stupid.'" Boxer told his wife "he'll be home in an hour or two," M.H. said. "we're just in church and that he loved her." After Mr. Raposo died of blood loss from wounds to the neck and chest, and was bundled out of the barn in a rug, the next to die was John Muscedere, the 48-year-old president of the Toronto chapter.
It was then M.H. had to stop, wipe his eyes, drink some water and continue. Muscedere did go first, walking behind Kellestine, with Frank Mather following and also holding a gun. M.H. said he heard "pops", then Kellestine and Mather returned.
Brett Gardiner was in the barn then, having left his post in the house where he was listening to the police scanner. "did you f---ing hear that. I should go check on Wayne," he said. Mushey told him to go back to the house. Kriarkis went next with Kellestine and Mushey. Kellestine returned for George "Pony" Jessome. Kellestine again asked for someone to fall in behind Jessome. M.H. stepped up.
They walked to the tow truck — Kellestine, Jessome and M.H. Jessome was ordered by Kellestine to get in the rear passenger seat of the truck. "Wayne shoots him in the head, lifts his shirt, sticks the gun underneath and shoots him again," M.H said, his voice breaking.
M.H. was ordered to move Flanz's Infiniti after moving the tow truck to the farm gate. On the way back to the barn, Kellestine was complaining. "He was bitching about having to do the wet work," M.H. said. "Wet work" meant "killing."
Trotta and Flanz were ordered to clean the floor of the barn. Sinopoli was taken out by Kellestine and Mushey. M.H. heard more pops. Then Salerno was told to follow Kellestine. Something happened when he walked past M.H., but the witness lost his composure. Lunch was called. The trial continnues this afternoon
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Bandidos led one by one to their executions, witness testifies
Fri, July 17, 2009
Testimony from police informant M.H. continues
By JANE SIMS LONDON FREE PRESS
Editor's note: The trial coverage is graphic and may not be appropriate for some readers.
They'd watched one biker brother die on the cold, concrete floor of Wayne Kellestine's barn. Over the next few terrifying hours, the Toronto Bandidos each waited for their turn. Leading them to their ends at the deadly "church" meeting was a twisted and erratic Wayne Kellestine, with a .22-calibre rifle in his hands and executions on his mind. Helping him, a biker-turned-informant testified yesterday, were other Bandidos who did nothing to stop the carnage. When there were complaints, it was one of the men set to die reminding them all who they were. "We're bikers, we're not the fucking Boy Scouts," said Toronto chapter president Frank Salerno. "Stop your whining." The informant, a former Winnipeg biker who can be indentified only as M.H, told a packed, hushed courtroom about the final moments of the eight men shot to death April 8, 2006. It was methodical, emotional testimony at the trial of six men, including Kellestine, who have pleaded not guilty to eight counts of first-degree murder.
M.H. had come to Elgin County in late March 2006 with the rest of the Winnipeg men to help Kellestine pull the patches of the "No Surrender Crew." M.H.'s composure — rock-solid until yesterday, his fourth day on the stand — cracked a few times as he described how the shootings were carried out like a military exercise. At the back of the court, family members of the dead men sobbed quietly. The patch-pulling would clear the way for the Manitoba chapter to have a full charter and Kellestine, who was on the outs with his former Toronto club, would be national president. But before that would happen, there'd be plenty of bloodshed.
The Toronto Bandidos had travelled to the Kellestine farmhouse for a meeting, and at least two of them had arrived with shotguns, the jury heard. But they were overpowered by Mr. Kellestine and the Winnipeg faction, including M.H., who, like most of the accused, was armed and had donned two pairs of gloves in preparation. When the execution-style killings began late that Friday night, one of the eight - Luis Raposo, 41 - was already dead, fatally shot in a gun battle inside the Kellestine barn with co-accused Michael Sandham, 39. Three other Toronto Bandidos had been shot and wounded and two more had been beaten. Now it was time for them all to die..
The first rounds of gunfire came in a flurry inside the barn. When it was over, Luis Manny (Chopper) Raposo was fatally wounded in the neck by Winnipeg Bandido president Michael Sandham, who was hiding in the loft. M.H. and Dwight Mushey had been outside the barn with guns when they heard the shots and quickly joined Kellestine inside. Kellestine grabbed a sawed-off shotgun near Raposo's body and demanded to know who shot first. "'Was it fucking Chopper, or was it you?'" he said to Sandham, M.H. testified. An agitated Sandham said "Chopper shot first." His bullet-proof vest, he said, saved him. M.H. said Kellestine insisted the Toronto bikers had three more guns. He ordered the men be searched, their property — cell phones, ID, pocket change, knives — placed on a deep freeze in the room. Frank Mather and Marcelo Aravena were told to search their vehicles. Later, Mather produced a blue duffle bag with a gun inside it. The Toronto bikers sat in chairs placed around the room. Kellestine told Mushey he could "shoot Boxer if he moved from that fucking spot." "I'm here to pull your patches," he announced to them, and that they were "done by orders of the States."
He ordered victim Michael Trotta, already nursing a badly-injured eye after he was "butt-stroked" by Kellestine, to take down a list of Bandido property. George Kriarakis, who prayed quietly in Greek, was wounded in the abdomen, M. H. said. Paul Sinopoli had a shot in his right thigh. Frank Salerno had small holes in his calf. John (Boxer) Muscedere, the national president, begged Kellestine to get help for Raposo and checked his pulse. Kellestine said he was already dead. Kellestine sang a German anthem and did a jig. When the Toronto group came together to say the Lord's prayer at Raposo's body, Kellestine dropped on one knee and joined in.
He saved his most savage ridicule for Jamie Flanz — calling him a "fucking Jew" and "a police informant," hitting him and vowing to "save you for last." Muscedere stood and defended Flanz and told Kellestine he wasn't an informant and that a murder took place in his home & he never talked about it to anyone. M.H. said Kellestine struck Flanz repeatedly and told him he would be executed last, because he was Jewish and Kellestine wanted him to suffer the most. Flanz and Trotta were ordered to roll Raposo's body in a carpet and take it out. It was clear to Muscedere what was going to happen. "Do me. Do me first. I want to go out like a man," he pleaded. "John, come on, we're going to let you go," Kellestine assured him. Sometimes, as the night wore on, the cell phones would ring, One rang more than others. "Boxer said it was his wife phoning," M.H. said. "Wayne said 'Answer it and don't say anything fucking stupid.'" Boxer told his wife he would be home "in an hour or two," M.H. said. "'We're just in church' and that he loved her." After Mr. Raposo died of blood loss from wounds to the neck and chest, and was bundled out of the barn in a rug, the next to die was John Muscedere, the 48-year-old National President of the chapter.
An emotional M.H. had to stop his testimony, wipe his eyes and drink water before continuing. Muscedere did go first to execution, walking out of the barn behind Kellestine, with Frank Mather following and also holding a gun. M.H. said he heard two to five "pops," then Kellestine and Mather returned. Aravena joined them in the barn, carrying a baseball bat. He later had a gun in his hand to help guard the men while others were taken out. Brett Gardiner was in the barn then, having left his post in the house where he was listening to the police scanner. "Did you fucking hear that. I should go check on Wayne," M.H. said he said. Mushey told him to go back to the house. Gardiner left.
The executions took on a repeated pattern. Kellestine would ask for each man by name to walk out of the barn, and for one of his associates to follow behind with a gun. Kriarkis went next with Kellestine and Mushey. Kellestine returned for George (Pony) Jessome. Kellestine again asked for someone to fall in behind Jessome. M.H. said he stepped up. They walked to Jessome's tow truck — Kellestine, Jessome and M.H. Jessome was ordered by Kellestine to get in the truck's back seat. Kriarakis's body was already there. "Wayne shoots him in the head, lifts his shirt, sticks the gun underneath and shoots him again," M.H said, his voice breaking. On the way back to the barn, Kellestine was complaining. "He was bitching about having to do the wet work," M.H. said. "Wet work" meant "killing."
Trotta and Flanz were ordered by Kellestine to clean the barn floor with buckets of water and Javex. Sinopoli was led out by Kellestine and Mushey. M.H. heard more "pops." Then Salerno was told to follow Kellestine. As he walked past M.H., Salerno held out his hand. "He wants me to shake his hand," an emotional M.H. said. "I don't do anything. I don't shake his hand." Mushey did shake Salerno's hand before following him and Kellestine out of the barn. There were more "pops." While waiting, Flanz talked to Sandham about his children. Trotta was led out by Kellestine and Mushey. M.H. heard more "pops." Then all of them, still armed, fell in behind Kellestine and Flanz and left the barn. Flanz was put into the back of Trotta's car where Gardiner had stuffed a variety of items including bedding and a child's mobile, M.H. said. Sandham had a handgun that had been on Kellestine earlier and shot Flanz, but then struggled with the gun, complaining it had jammed. He and Mushey went into the house to fix it. Mushey came back out, got in the car and shot Flanz again.
Meanwhile, Kellestine had retrieved some gas cans after Mather said Flanz's Infiniti needed gas. Mather and Gardiner were trying to shut the SUV's hatch where (Big Paulie) Sinopoli was shot. M.H. said Mather tried to push Sinopoli's body in with his feet. Kellestine was antsy, M.H. said. 'He said, 'Come on, come on guys, gotta get going, gotta get going.'" Kellestine told Mather to go to the Kitchener-Waterloo area. He unlocked the gate. M.H. drove the tow truck with Raposo's Volkswagen hitched to the back and followed Mather with Gardiner as a passenger in the Infiniti. Mushey, with Aravena, drove Trotta's car behind him. Sandham followed with his GMC Jimmy. They were on Highway 401 briefly but plans changed. M.H. followed Mather to a rural road where he ditched the SUV in a field. The others left their vehicles and headed back with Sandham to Kellestine's property. Kellestine was confused when they returned so soon. "Wayne's going, 'How fucking far did you guys go?'" M.H. said he asked Mather. Mather said he was running out of gas and "had to leave them where they were."
The men all stripped their clothing at the door of the house. The guns were disassembled and wiped down. Kellestine put them back in a bag and took them away. M.H. said he and Kellestine went through the dead men's personal property. He put the change in his daughter's "Potty Mouth Jar" for when anyone swore, and offered a wad of bloodied bills to Sandham as a joke for the trip back to Winnipeg. He kept Kriarakis's Harley-Davidson baseball cap and a knife. Sandham and M.H. started a pit fire, burning clothes, a couch and the ID. Then there was a quick Bandido meeting. Gardiner, who was staying behind with Kellestine, and Aravena were promoted to club prospects. "Wayne's going to keep forming the London chapter and Winnipeg is going to keep moving forward, expanding," M.H. said. Sandham was concerned about two Toronto Bandidos supposedly in Winnipeg to kill him. Kellestine told him, "'Well, do them when you get back there,'" M.H. testified. Then Sandham, Mushey, Aravena and M.H. left for the trip back to Winnipeg.
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Eight victims taunted by sadistic ring leader, then slain in cold blood, bike gang informant testifies
Witness in tears as he describes hours of execution-style slaughter, then details how the accused bungled the disposal of bodies and returned to the killing ground
LONDON, ONT. —
Clad in a combat jacket, he sang in German, danced little jigs and mockingly sank to one knee to join in reciting the Lord's Prayer.
Then, like the ringmaster in a grotesque circus, accused mass murderer Wayne Kellestine, the oldest of six outlaw bikers charged in the slaying of eight former comrades from the Bandidos motorcycle gang, began leading the victims out of the barn to their deaths.
The work, however, was apparently not entirely to his pleasure.
Partway through the slaughter, Mr. Kellestine "bitched about having to do all the wet work" - a euphemism for killing, the murder trial of the six accused was told yesterday.
The testimony came from a biker-turned-informant who twice broke down in tears as he recounted the events of April, 2006. Others in the courtroom were weeping, too, as the defector and star prosecution witness, identified by the initials M.H., painted a picture of unrelieved cruelty and violence.
But along with the horror was evidence of near-unbelievable stupidity.
Among other things, yesterday's testimony explained why the eight slain bikers ended up in an Elgin County farmer's field just 14 kilometres from the Kellestine residence, 40 minutes west of London, stuffed into four abandoned vehicles.
The plan had been to haul the corpses up to the Kitchener area, but one of the cars ran out of gas.
And when the massacre was finally over, and the weapons were being disassembled and incriminating clothing burned, soon after dawn on April 6, 2006, M.H. testified, Mr. Kellestine took the coins found in the victims' pockets and put them in his nine-year-old daughter's "potty-mouth jar."
Taking copious notes, seated alongside the other five defendants in an individualized prisoner's box, Mr. Kellestine stared hard as his adversary laid out assistant Crown prosecutor Tim Zuber's case.
Together with four other members of the Winnipeg Bandidos faction, M.H. had journeyed to Mr. Kellestine's farmhouse on a mission to "pull the patches" - strip them of membership - of the dominant Toronto chapter, to which all eight victims were affiliated.
The move came in response to orders from the Bandidos' U.S. leadership, the trial has been told. Then, a new U.S.-approved Bandidos chapter was to be founded, with Mr. Kellestine, now 60, at the helm. The Toronto Bandidos had travelled to the Kellestine farmhouse for a meeting, and at least two of them had arrived with shotguns, the jury heard.
But they were overpowered by Mr. Kellestine and the Winnipeg faction, including M.H., who, like most of the accused, was armed and had donned two pairs of gloves in preparation.
When the execution-style killings began late that Friday night, one of the eight - Luis Raposo, 41 - was already dead, fatally shot in a gun battle inside the Kellestine barn with co-accused Michael Sandham, 39.
Three other Toronto Bandidos had been shot and wounded and two more had been beaten.
Now it was time for them all to die.
As he orchestrated the overnight massacre, the trial heard, sipping beer and alternating between rage and occasional promises of mercy, Mr. Kellestine made clear to the Toronto Bandidos what was going on.
"You're done, by order of the States, I'm here to pull your patches," M.H. recounted him saying.
M.H. outlined for the jury the circumstances of the seven other killings, two of which he said he witnessed at close hand.
After Mr. Raposo died of blood loss from wounds to the neck and chest, and was bundled out of the barn in a rug, the next to die was John Muscedere, the 48-year-old president of the Toronto chapter.
Known as Boxer, Mr. Muscedere had asked to be the first to be killed and exhorted the doomed Toronto bikers to remain strong.
"Keep your fucking mouths shut, we're bikers not Boy Scouts, we know how the game is played," M.H. recounted him saying.
Mr. Muscedere got his wish.
Escorted by Mr. Kellestine and co-accused Frank Mather, 35, both of them armed, he was led outside.
"Then I hear pops, maybe two or three," M.H. testified.
After an interval of around 15 minutes, Mr. Kellestine and Mr. Mather returned without their prisoner.
Next was George Kriarkis, 28, already wounded in the abdomen and praying in Greek. He was led out of the barn by Mr. Kellestine and co-accused Dwight Mushey, 41.
Then the two accused came back.
The next to go was George Jessome, 52, and this time it was M.H. who accompanied Mr. Kellestine out of the barn.
He described leading Mr. Jessome out to his tow truck, parked in the Kellestine driveway.
In the back, dead, was Mr. Kriarkis.
Mr. Kellestine ordered Mr. Jessome to get in too, and as he was climbing in, Mr. Kellestine shot him twice with his .22 Mossberg rifle, M.H. said - once in the head, and once in the upper body, after pulling up the victim's shirt for a clear shot.
Paul Sinopoli, 30, was the next to be killed, M.H. testified, led from the barn by Mr. Kellestine and Mr. Sandham.
Again, M.H. recounted hearing "pop, pop, pop," from outside the barn, where he and other Winnipeg Bandidos guarded the shrinking pool of Toronto Bandidos, two of whom were cleaning up the large pool of blood from where Mr. Raposo was shot.
"Paulie didn't come back," M.H. told the trial.
Mr. Kellestine's next victim was Frank Salerno, 43, M.H. recounted, tearing up as he described Mr. Salerno being led away, asking for one last handshake.
This time, Mr. Mushey, carrying a pump-action shotgun accompanied Mr. Kellestine out of the barn.
"Again, I heard pop-pop-pop," M.H. told the jury.
The next Toronto Bandido to die was Michael Trotta, 31, the trial heard, led from the barn by Mr. Kellestine and Mr. Mushey.
And finally, there came the turn of Jamie Flanz, a Jew for whom Mr. Kellestine - long known locally for his Nazi sympathies - harboured a special dislike.
Several times through the long night, Mr. Kellestine had called Mr. Flanz a "fucking Jew" and told him he would be the last to die.
He was, and it was an especially brutal death, M.H. testified.
Mr. Flanz was led to the dead Mr. Trotta's car, where M.H. said he saw Mr. Sandham shoot him in the face with a handgun.
But the gun jammed, M.H. said, prompting some repair work inside the house.
Then Mr. Mushey returned, and, using the same handgun, finished Mr. Flanz off, M.H. said.
With the killing done and the victims' bodies all in their own cars, the convoy set off up Highway 401, heading east, with three of the Winnipeg Bandidos driving the vehicles (Mr. Jessome's tow truck was hauling another car).
Mr. Sandham followed in his own vehicle.
But the ghastly cargo did not get far, because Mr. Trotta's car ran out of gas, the trial was told.
So the four vehicles were abandoned in Shedden, where M.H., driving the tow truck, managed to get stuck on a soft shoulder.
Mr. Sandham picked up the others, and the crew headed back to the Kellestine farmhouse, whose owner was surprised to see them back so soon.
"Well, how far did you fucking guys go?" he demanded.
The killers stripped off all their clothes, and dumped them in a fire pit outside the farmhouse, along with all the keys, ID, cellphones and everything else the victims had been carrying.
Mr. Sandham had trouble getting the fire going, M.H. testified, so he dumped gasoline on it, creating a blaze that other witnesses have said was visible from far away.
Mr. Kellestine, however, kept a baseball hat belonging to Mr. Kriarkis, because he liked it.
The last order of business, M.H. testified, was to formalize the Bandido probationary membership of co-accused Marcelo Aravena, 33, and Brett Gardiner, 25, who were to be part of Mr. Kellestine's new chapter.
There was one other matter to be resolved: Two Toronto Bandidos were believed to be in Winnipeg, looking to kill Mr. Sandham.
Mr. Kellestine offered a solution. "Do them [kill them] when you get back," M.H. testified he said. Then Mr. Sandham took the wheel of his Jimmy, and, together with M.H., Mr. Mushey and Mr. Aravena, began the long drive back to Winnipeg.
Mr. Mather and Mr. Gardiner stayed behind at the Kellestine farmhouse.
But not for long.
By lunchtime that Saturday, provincial police were encircling the property and by the end of the weekend, all three men were under arrest.
And a few weeks later, after M.H. had decided to become an informant in the case, the accused Winnipeg Bandidos were also picked up.
M.H.'s testimony resumes Tuesday
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Bandidos informant: Getaway included shampoo stop
Tue, July 21, 2009
Apparently, in the biker world, Head and Shoulders shampoo isnt just for dandruff.
On the way back to Winnipeg in the hours after a bloody night on Wayne Kellestine’s farm, the Manitoba chapter of the Bandido motorcycle club needed to stop at a Barrie Walmart for supplies.
Dwight Mushey, one of the six men who has pleaded not guilty to eight counts of first-degree murder, picked up a bottle of Head and Shoulders.
“Dwight said it’s good for removing g.s.r,” said M.H., a former Winnipeg Bandido who is the star witness at the Bandidos trial.
“That’s gunshot residue” M.H. explained.
On his fifth day in the witness box, M.H., 40, described the trip back to Winnipeg and his hooking-up with police investigators in the aftermath of the biggest mass slaying in modern Ontario history.
The jury also heard conversations between the bikers recorded during police phone intercepts and while M.H. was wearing a body pack.
M.H. said he and Mushey, 41, Marcelo Aravena, 33 and Michael Sandham, 31, left Kellestine's farm in Sandham's red GMC Jimmy the morning of April 8, 2006 after the eight men's bodies had been driven off the property and left on a quiet rural road.
They needed to stop at the Walmart because Aravena and Sandham had no footwear — theirs had been burned in the Kellestine fire pit after the bodies had been disposed.
Along with the Head and Shoulders, they picked up some chips, pop, cheesies, a couple pairs of sandals and razors. They stopped for gas and continued on their journey.
No one discussed what had happened hours earlier, even though the radio was on in the SUV.
M.H. said they stopped at an ice cream place where he tried to withdraw money from a bank machine, but couldn1t because the account was tapped.
The four men went on to a truck stop in the same community — later identified as the Cobalt Truck Stop, where they each had a shower, and
Sandham and Mushey shaved off their facial hair .
The four men slept four hours in the Jimmy. Once over the Manitoba-Ontario border, they concocted their alibi — they would say they left Ontario on Friday before the shootings and arrived in Winnipeg on Saturday night.
But within a day or two of returning to Winnipeg, M.H. called Winnipeg police officer Tim Diack.
At first, M.H. said, he was not truthful and stuck to the cover story.
In subsequent meetings with Diack, M.H. told him more. Then Diack took him to a hotel room where he told his story to two Ontario police officers. He drew sketches of the area and the farm and his statement was videotaped.
M.H. explained he entered into an agreement with the Ontario attorney-general promising to tell the truth, co-operate and provide DNA and fingerprints. In exchange he was granted immunity.
M.H. said it was Diack who spoke of $750,000 in the negotiations. But in the end, M.H. said the agreement was made for no money.
After M.H. contacted police, the Winnipeg Bandidos continued on, although there were not as many “church meetings.”
But there were some discussions about what happened in Ontario.
In the weeks following the shootings, M.H. had some gall bladder problems. He was taken to the emergency room of a Winnipeg hospital where Mushey and Aravena visited him.
And it was there Mushey talked about victim Jamie Flanz, and how the last man to die at the Kellestine property looked before “he went to finish him off.”
Mushey said Flanz1s eyes were “big and how Jamie was trying to say something,” M.H. recalled. Then Mushey laughed “like it was a joke or something.”
Aravena, M.H. said, talked about how scared he was that night. Mushey kidded him saying Aravena said, “If you have to shoot me, don’t shoot me in my pretty face” when they were driving the bodies away from the farm.
Aravena giggled too, M.H. said. He “thought it was kind of funny.”
There were phone conversations played for the jury between M.H. and other Winnipeg Bandidos.
In one, Mushey joked Aravena was “prancing around like a princess” in his new Bandido vest. Even though Aravena had been promoted to probationary, he had a prospect vest because they didn1t have enough patches ‹ and the patches were being made by the Winnipeg chapter and sewed on vests by
Aravena’s mother. There were hints that the “love, loyalty and respect” that the Bandidos shared as part of their culture was waning among the Winnipeg members. There was controversy over club funds and money owed by a puppet club called Los Monteneros.
Sandham, who had was the Manitoba president, was referred to as “Little Buddy” and “Little Beaker” in private conversations between M.H. and Mushey.
M.H. said the police wanted him to get the others to talk about the night at the farm and asked him to plant the suggestion in Mushey that Sandham took credit for killing three of the Toronto bikers.
On the way to the gym, and M.H. wearing a body pack, M.H. made the suggestion. “That’s kind of funny he would come to my number,” Mushey said.
The conversation turned to Sandham’s habit for taking credit for their work.
M.H. said Mushey used hand signals when he talked. “We talked about this after this (Mushey held up eight fingers for the eight dead), united.”
“Whoever did this (Mushey drew his fingers across his throat) or this (Mushey held his hands like he was holding a gun), it1s the same (expletive) really if you think about it.”
Then Mushey agreed Sandham acted like he had never shot anyone before during the shooting of Flanz. Sandham1s excuse later for not killing him, M.H. said, was “because Jamie Flanz has kids and Taz (Sandham) has kids.”
In the recording, M.H. explained what Mushey’s comments were about. Mushey told Kellestine that Sandham didn’tkill Flanz. He was met with a “cold stare,” and thought Kellestine was going to tell him to kill Sandham.
“At one point I thought we were all going to get it,” M.H. said to Mushey.
Mushey told M.H. that in private conversations outside Kellestine’s barn between Kellestine, Mushey and Sandham, after Sandham first killed victim Luis Raposo and before the executions began, the Manitoba president said nothing.
“I even told (Kellestine) I said our guys are with you,”Mushey said.
They laughed about Aravena and how he seemed so scared he was close to tears that night.
The trial continues today.
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Jurors hear how Bandidos met their fate
Wed, July 22, 2009
By JANE SIMS
THE LONDON FREE PRESS
While they lifted weights and worked out, two Winnipeg Bandidos talked about killing eight men.
The star witness at the Bandidos trial, a man who can be identified only as M.H., interpreted recordings he made while wearing a body pack hidden microphone for the police investigating the shooting deaths of eight Toronto Bandidos on April 8, 2006.
Dwight Mushey, one of the accused, regularly went to the gym with 40-year-old M.H. At one of their workouts June 12, 2006, two months after the shootings, as M.H. testified Wednesday in a London court, Mushey described how some of the men executed spent their final moments.
The wiretaps were played for the jury.
Mushey hand-signalled boxing, referring to John (Boxer) Muscedere, the national president
“This guy went out like a man,” Mushey said in one wiretap. “Supposedly, the first one he got, he laughed. Went out like a man.”
Muscedere was the first one executed after Winnipeg chapter president Michael Sandham gunned down Luis (Chopper) Raposo. M.H. asked about the others. Court earlier heard that Muscedere was shot in the chest and head and that several of his front teeth were broken, when his body was discovered in a vehicles abandoned 14 kilometres from Kellestine's farm on April 8, 2006.
“A couple of them cried,” Mushey said. M.H. asked about George (Crash) Kriarakis.
“Yeah, yeah, he cried,” Mushey said. M.H. asked about Frank (Bammer) Salerno.
“He was yappin’ all the way,” Mushey said. Michael (Little Mikey) Trotta, referred to as “little kid” by Mushey, also was talking but “not too bad.”
M.H. spent the day interpreting a number of conversations he recorded for the police two months after the shootings on April 8, 2006.
The conversations were full of hand signals the jury could not see. The men used the signals in case the police were listening to them.
M.H. explained when the signals were used, what they were and what they meant.
What became clear in the June conversation was the Winnipeg bikers were losing faith in their president, Sandham, and they wanted definitive approval that they were a full chapter of the motorcycle club.
The jury heard a meeting the same day as the work-out between M.H., Mushey and Sandham in Sandham’s basement. Sandham was relaying what happened when he went to Texas to meet with the world leaders of the motorcycle club saying everything was “hunky dory.”
But there were some heavy internal politics.
A Toronto Bandido named Carlito — the jury had been told earlier his real name is Pierre Aragon — had laid claim to the Canadian presidency and was pulling together members. Sandham said the Texas leaders had told Carlito to stop.
He also skirted around a conflict he had when Texas found out about his police background, which he had told the other Winnipeg Bandidos was just training for his military service.
Sandham told Mushey and M.H. that his training caused a “kerfuffle there for a bit,” then there was some police presence while he was in the U.S. He had “to get out of that city.”
He assured the others the Manitoba chapter “was intact.”
Sandham said he assured the Americans the Manitoba Bandidos were “the meat and potatoes” of the motorcycle club and Carlito was only “one guy.”
M.H. said part of the conversation was about the shootings and Sandham told he and Mushey the Americans “don’t judge anybody” and didn’t want to hear about them.
Mushey was concerned that the Hells Angels, their rivals, would think the Winnipeg Bandidos didn’t exist if the Americans were not declaring Manitoba a full chapter on their website. Sandham said the website was under construction.
M.H. explained that if they weren’t declared a full chapter, another outlaw motorcycle club could move into Winnipeg.
Sandham said Carlito was under the impression that if they did got their group together for a year, they could re-approach for membership.
The three men discussed the ongoing police presence in Winnipeg and how officers came to their houses to tell them there may be threats on their lives because eight Bandidos were dead in Ontario. They agreed to stick to a cover story.
Sandham told Mushey he sent him an email from the United States. Mushey said he never received it. They also discussed seeing a photograph of a red Jimmy — like Sandham’s vehicle — in the local newspaper.
After, in the car, Mushey told M.H. he wasn’t convinced Sandham had told them everything.
“He’s just afraid to tell us that we’re done,” he said and told M.H. he wanted to see the website for himself.
Mushey said he would still wear his biker colours regardless what Sandham said. M.H. told Mushey he would be surprised the Americans would agree to make Sandham the Canadian president if they suspected he had been a police officer.
The jury has already heard Sandam had, indeed, been a police officer in the Manitoba communities of Ste. Anne and East St. Paul.
The next day, M.H. testified he met with Ontario police officers Mark Loader and Jeff Gateman who wanted M.H. to go to Mushey’s house. Two police officers would arrive to question Aravena. The jury heard the men playing a boxing video game and the police take Aravena outside to answer questions.
Aravena told the men the police wanted to know why he’d bought a one-way WestJet ticket to London and how he returned home. They also said they saw Aravena in his Bandidos vest. Mushey told Aravena they were just trying to get him to talk because he was the low man in the organization.
“I don’t know what they keep f---ing bugging us,” Mushey said. “F---ing Ontario is not our f---ing problem.”
M.H. identified some of the patches the Winnipeg group had made and biker vests belonging to him, Mushey, Sandham and Aravena. M.H. said Mushey knew someone who could make the patches.
Assistant Crown attorney Tim Zuber indicated his questioning of M.H. is almost completed.
Cross-examination by the defence could begin sometime Thursday.
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BANDIDOS TRIAL: Informant denies any part in killings
Thu, July 23, 2009
By JANE SIMS
THE LONDON FREE PRESS
One by one, the chilling photographs of the dead men as they were found the morning of their deaths flashed onto the courtroom video screens.
Each time, the Crown’s star witness at the Bandidos trial worked to keep his composure.
“Did you kill him?” asked defence lawyer Tony Bryant, as he went through each of the photos of the dead Toronto Bandidos — nicknamed Chopper, Boxer, Crash, Pony, Bam Bam, Little Mikey, Big Paulie and Goldberg.
“No,” the former Winnipeg Bandido biker, M.H., would say quietly.
“Did Marcelo Aravena kill him?” Bryant, who represents Aravena, asked.
“No,” would come the quiet reply.
Bryant suggested M.H. didn’t plan to kill the eight men on April 8, 2006 at Wayne Kellestine’s Dutton-Dunwich farm, near London.
“There was no plan,” M.H. said, after reaching for tissues to dry his eyes.
On the first day of cross-examination of M.H., three of the six defence teams began reviewing his six days of shocking testimony and tried to get a fuller picture of what their clients were doing when the eight men from the rival Toronto chapter were shot to death.
Among the revelations Thursday was M.H.’s testimony that he had been a police informant in Winnipeg before the Ontario shootings three years ago.
Six men have pleaded not guilty to eight counts of first-degree murder of the bikers found shot to death, their bodies stuffed into vehicles, along an Elgin County road near Shedden. The jury has heard evidence the men were shot to death at Kellestine’s farm before their bodies were moved.
Their deaths, the Crown says, resulted from heavy internal politics and conflict between the Bandidos Toronto “No Surrender Crew”, the U.S. world headquarters and the fledgling Winnipeg chapter that wanted full status.
M.H. was part of a probationary chapter from Winnipeg, at the farm during the shootings.
Bryant suggested his client, Aravena, was “the ninth” victim. M.H., Bryant said, had already agreed Aravena “seemed nervous,” while helping to guard the men before they were executed. Bryant pointed to a conversation M.H. had with Aravena and Dwight Mushey while M.H. was being treated in hospital for a gall bladder attack. M.H.recalled the conversation for the police and said, “Marcelo thought he was going to be killed.”
“At points, I did too,” M.H. said.
Bryant said his client was “not singing, not dancing, he wasn’t doing a jig, dancing around like a princess; he was sweating like a pig.”
M.H. said it was more like “a deer caught in the headlights.”
“Wayne was telling us all what to do,” M.H. said.
Bryant suggested M.H. might have been “Number 10.”
But Greg Leslie, lawyer for Frank Mather, pointed to evidence Wayne Kellestine might have become a victim and had his Bandidos membership yanked with the other Toronto Bandidos.
M.H. agreed the Winnipeg Bandidos showed up uninvited to Kellestine’s farm two weeks before the shootings after Sandham told them the U.S. wanted to know what was taking Kellestine so long to pull the Toronto patches and kick the members out of the club. When they arrived, the Winnipeg group at first couldn’t get a hold of Kellestine.
At the gate of Kellestine’s farm, in a cell phone call with “Concrete Dave” Weiche, the order was that if Kellestine didn’t co-operate, they were “to pull his patch, too.”
The Manitoba chapter was at odds with the international headquarters’ rules. There was also conflict between the Toronto Bandidos and the probationary Manitoba chapter.
Weiche, the jury has heard, was a Bandido living in British Columbia who helped set up a meeting on the Canada-U.S. border between Kellestine, Michael Sandham and senior American Bandidos from Washington state.
M.H. also revealed that while he’s not being paid for his evidence, his expenses are paid by the witness protection program “as long as I tell the truth.”
M.H. also agreed he’d been a police informant in Winnipeg before the eight shootings. He had called his handler, Winnipeg police officer Tim Diack, the first week the Manitoba bikers were in Ontario. From a phone booth in Dutton, he left a voice message he was there for a patch-pulling. When M.H. called him the following week, Diack’s voicemail was full.
M.H. said not even his wife knew he was a police informant.
Leslie said he was “deceiving” his Bandido brothers.
M.H. said he had “no opportunity” to call Diack before the shootings.
And he said he wasn’t “100 per cent sure” Mather was one of the people who escorted any of the men out of the barn to their deaths.
M.H. hadn’t met Mather until he came to Kellestine’s farm. Mather moved there while the Winnipeg Bandidos were there.
Defence lawyer Donald Crawford, who represents Sandham, also questioned M.H. M.H. agreed the Manitoba plates on Sandham’s GMC Jimmy would have been seen by people around Dutton during the days the men were at the farm.
Crawford also asked about the night of the shootings inside the barn and if the expectation was “supposed to be like the Wild West days, check your guns at the door.”
“I don’t know what you’re getting at,” M.H. said.
M.H. agreed the initial plan was to “pull patches.”
Crawford tried to suggest M.H. was in the barn during the initial gunfire.
“You can suggest all you want. I heard what happened. I saw what happened. I was there that night,” M.H. said.
The trial continues Friday.
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Star witness too sick to testify
Sat, July 25, 2009
The Bandidos trial will resume on Tuesday with M.H.'s eighth day on the stand
By JANE SIMS
The Bandidos trial ran into an unexpected delay yesterday when the star Crown witness -- an informant -- couldn't testify because of illness.
The jury was sent home after Superior Court Justice Thomas Heeney said the former Winnipeg Bandido biker, identified only as M.H., "has taken ill."
M.H. has been testifying at the trial of six men who've pleaded not guilty to eight counts of first-degree murder in the deaths of eight Toronto Bandidos on April 8, 2006.
Their bodies were found stuffed into vehicles along a rural Elgin County road.
The trial began March 31.
M.H. completed his seventh day in the witness box on Thursday.
M. H. has told the jury, through Crown questioning, what he saw the night the eight men were shot to death at Wayne Kellestine's Dutton-Dunwich farm. He was one of five members of the Manitoba probationary chapter of the Bandidos motorcycle club that was in conflict with its sponsoring Toronto chapter.
Toronto's "No Surrender Crew" also served as the Canadian national chapter -- but orders had come from the United States to boot them out of the worldwide club.
The Winnipeg bikers arrived uninvited to Kellestine's farm to find out why Kellestine hadn't followed the orders to "pull the patches" of the Toronto club.
They stayed at the farm for two weeks before the Toronto members were lured to the farm, the informant testified.
M.H. has said he and the others helped Kellestine clean the guns. M.H. and Dwight Mushey -- both wearing gloves -- waited near the barn with loaded weapons while Winnipeg Bandido president Michael Sandham waited with two loaded guns in the barn's loft.
Sandham shot Luis Manny "Chopper" Raposo and claimed it was self defence.
After that, M.H. has testified, each Toronto biker was led out, one-by-one, and shot to death.
The defence has begun its cross-examination. Donald Crawford, the lawyer for Michael Sandham, and Greg Leslie, lawyer for Frank Mather have completed their questioning.
On Thursday, Tony Bryant, lawyer for Marcelo Aravena dramatically began his cross by showing M.H. the grisly photos of the eight dead men as they were found stuffed in four vehicles on road near Shedden.
Bryant is expected to pick up Tuesday where he left off.
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Lawyer tries to establish low men in Bandidos pecking order
Tue, July 28, 2009
Cross-examination of star witness continues
By KATE DUBINSKI, LONDON FREE PRESS
Names like Fat Ass, Mountain Gorilla and Great White Chilean Ape followed accused Marcelo Aravena during his time with the Bandidos motorcycle club, the jury heard this morning.
"You guys made fun of him on a regular basis. You mocked him . . . You teased all the bottom people," Aravena's defence lawyer Tony Bryant asked M.H., the star witness now under cross-examination at the murder trial of six men accused of eight counts of first-degree murder. "This is the kind of guy you could step on as opposed to climb over, someone you could take advantage of." Aravena and another of the accused, Brett Gardiner, nicknamed Bull, were the two "low men on the totem pole" who were thought of as dim-witted and asked to perform menial tasks before and after eight Toronto Bandidos were killed in Wayne Kellestine's barn in April 2006, Bryant said. "Wayne told Bull to go outside and get a pickle from the pickle tree and he was stupid enough to go outside and look for a tree, isn't that right?" Bryant asked M.H. "These guys changed the brakes on the car, washed the dishes, got brush for the fire, cooked — well, by cooked I mean threw some stolen pizzas into the oven. Between the two of them, you'd have a hard time determining who was stupider," Bryant said to M.H. "Well, I believe that would go to Bull," M.H. replied.
This morning's cross examination of M.H. was focused on painting Aravena as grunt worker for the biker club. Bryant also probed into M.H.'s past - much of which can't be published because of a ban that prohibits identifying the former biker turned police informant - asking him about his high-school days and his family. Court heard M.H. dropped out of high school and did odd jobs - washing windows, painting, construction - and also dealt in cocaine. "You survived on social assistance. You were on the dole. What you're living on now as part of the witness-protection program, that's of the same order but under a different name. Blood money," Bryant said to M.H. Under the witness-protection program, M.H. has his rent, groceries, medical expenses and bill paid for. His travel expenses, accommodations, and legal expenses are also covered for the duration of the trial.
M.H.’s wife and kids – even the family guinea pig – were relocated as part of the witness-protection program. “You get to hug your wife. You get to hug your kids. You get to go downstairs and go into the fridge and grab a beer or a pop. When you go out for lunch, you have the choice of anything on the menu,” Bryant said to M.H. M.H. is taking courses to get his high-school diploma.
The testimony continues.
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Biker so dumb, thought pickles grew on trees
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Jul 28, 2009 01:03 PM
Peter Edwards
Staff Reporter
LONDON, Ont. – Brett (Bull) Gardiner, an accused member of a biker hit squad, is so stupid that he believed pickles grew on trees, a mass murder trial heard today.
A biker informant told court that Gardiner, 25, of no fixed address, and Marcelo Aravena, 33, were often the butt of jokes inside the Bandidos Motorcycle Club, and that they were sometimes teased because other bikers considered them stupid.
Defense lawyer Tony Bryant, who's representing Aravena, asked if his client was considered the dumbest of the six men who each face eight counts each of first degree murder.
"I believe that would go to Bull," the witness replied.
The witness, who's now living under a new identity, can only be identified as "M.H."
M.H. told court that Gardiner and Aravena were considered the most junior of the bikers now charged with slaughtering eight Greater Toronto Area Bandidos, whose bullet-riddled bodies were found in vehicles abandoned by a farmer's field west of London on April 8, 2006.
That meant they had to fetch water, cook pizzas, wash dishes and do general chores for more senior members, M.H. said.
"I'm saying these guys were the grunts," Bryant suggested on his second day of cross-examination today.
"In the outlaw motorcycle world, yes," M.H. replied.
He agreed with Bryant that Gardiner went out searching for a pickle tree because a more senior biker, Wayne Kellestine, 60, said he wanted some pickles from one.
Gardiner cringed and scowled at the story, while another of the accused, Dwight Mushey, 41, of Winnipeg, chuckled at the memory.
M.H. agreed that Aravena was also the frequent butt of jokes, and that he personally called him "The Great White Chilean Ape," "The Mountain Gorilla," and "Fat Ass."
Facing eight counts each of first degree murder are: Gardiner, Aravena, Mushey, Kellestine, Frank Mather, 35, of no fixed address, and Michael Sandham, 39, of Winnipeg.
Found dead in vehicles abandoned on the outskirts of the hamlet of Shedden were: Jamie Flanz, 38, of Keswick; John Muscedere, 48, of Chatham, George Kriarakis, 28, of Toronto, Frank Salerno, 43, of Oakville; Paul Sinopoli, 30, of Jackson's Point; Michael Trotta, 31, of Mississauga and Torontonians George Jessome, 52, and Luis Raposo, 41.
The trial continues.
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Killings not planned, jury told
Thu, July 30, 2009
By JOHN MINER
The Winnipeg Bandidos had no plan to slaughter their Toronto counterparts when they headed for Ontario in March 2006, jurors heard yesterday.
The Crown's star witness in the Bandidos murder trial, a police informer and biker at the time, said he had no plans to kill anybody when he left Manitoba for the London-area farm of Wayne Kellestine.
"We just knew we were going to Ontario," testified M.H., who is under witness protection and can't be identified.
M.H. said it wasn't until the Winnipeg Bandidos were at Kellestine's farm and had discussed pulling the Toronto members' patches -- kicking them out of the club -- that killing was mentioned by Kellestine.
M.H. testified Kellestine told the group more than once: "If we kill one, we kill them all."
He also warned the bikers at his farm to "prepare for the worst," when the Toronto bikers arrived for a meeting.
Jurors, who have already heard that Kellestine sang, danced and prayed the night of the eight killings, were told of other strange behaviour.
Lawyer Tony Bryant, who represents accused Marcelo Aravena, asked M.H. about the Winnipeg club hunting with Kellestine.
Bryant suggested Kellestine reached up into a tree, picked up a piece of black material and ate it, telling the bikers it was raccoon feces.
M.H. said he had no recollection of the incident, but agreed it was possible.
"That is pretty much Wayne Kellestine. It could have happened," he said.
M.H. also agreed with Bryant that pulling the patches of a fellow club member didn't equate with killing him.
"It really depends on the club," he said.
In the case of the Bandidos, M.H. said he understood at the time that the club was about brotherhood and getting along.
He agreed with Bryant that he wouldn't have wanted to be a Bandido if it was about killing people.
"That isn't why I joined the club," he said.
Bryant grilled M.H. on why he's now testifying Aravena was a prospect in the Bandidos when he testified at the preliminary hearing he had a lower rank in the club.
M.H. said the memory came to him after the preliminary hearing.
"It is strange. Stuff comes to me at different times. My lawyer calls me the Rain Man for that very reason," he said, referring to the savant character played by Dustin Hoffman.
When the first burst of gunfire was heard from the barn, M.H. testified earlier that he and another biker rushed inside.
Bryant suggested that when he entered, M.H. didn't know what team anybody was on.
"I had a pretty good idea. We were the ones carrying the guns," M.H. replied.
Cross examination of M.H. by Bryant is to continue at 10 a.m. today.
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Biker's stunt with snack was 'typical'
Jul 30, 2009
Accused claimed he ate raccoon feces, trial told
LONDON, Ont.–Accused mass murderer Wayne Kellestine reached into a tree, pulled out a black substance he said was raccoon feces, and gobbled it down in front of an alleged biker hit squad, court was told yesterday.
"It was typical of Wayne Kellestine?" defence lawyer Tony Bryant asked the star prosecution witness, a Bandido biker-turned-police-agent.
"That's pretty much Wayne Kellestine," M.H. agreed.
Court heard the bizarre incident took place in either late March or early April 2006, shortly before the biggest mass murder in modern Ontario history took place on Kellestine's ramshackle farm.
Other bikers laughed at the stunt, court was told. Kellestine, 60, of Iona Station, west of London, lowered his head in the prisoners' box and stared down at the floor as the incident was recounted yesterday.
Kellestine and five others are each charged with eight counts of first-degree murder for the execution-style slaying of members of the Greater Toronto Area Bandidos.
Court earlier heard that men hoping to join the motorcycle club didn't actually have to own or operate motorcycles.
Bryant noted that his client, Marcelo Aravena, 33, of Winnipeg, doesn't own a motorcycle or even have a licence to ride one.
"This was a bike club with no bikes?" asked Bryant, who is in his third day of cross-examining M.H.
"Pretty much, yeah," replied M.H., who was a member of the Winnipeg Bandidos and didn't own a motorcycle himself. The trial continues.
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Informant had secret signal for police, trial told
Jul 30, 2009 01:52 PM
LONDON, Ont. – A biker working undercover for police was given a secret signal to use if he felt his life was in danger, a mass murder trial heard today.
"I was actually supposed to kick my shoe off," said the informer, who can only be identified as "M.H."
His comments came on the fourth and final day of cross-examination by defense lawyer Tony Bryant, who is representing accused killer Marcelo Aravena, 33, of Winnipeg.
Aravena is one of of six men who are each charged with eight counts of first degree murder for the execution-style slaying of eight members of the Greater Toronto Area Bandidos on the night of April 7-8, 2006.
M.H. told court today he became a police undercover agent shortly after returning from the farm of biker Wayne Kellestine, west of London, where the eight bikers were slain execution-style on the night of April 7-8, 2006.
M.H. told court today that he never actually had to use the secret signal, which was designed to alert nearby officers to come and rescue him as he was secretly recording conversations with Winnipeg members of the Bandidos.
M.H. dismissed a suggestion by defense lawyer Tony Bryant that Aravena "came within a whisper" of being the ninth murder victim that night.
"I didn't see anybody put a gun to his head," M.H. said of Aravena. "I didn't see anybody threaten him, if that's what you mean."
"But you were scared?," Bryant earlier asked.
"I was scared," M.H. said.
Also facing murder charges are: Kellestine, 60; Dwight Mushey, 41, of Winnipeg; Brett Gardiner, 25, and Frank Mather, 35, each of no fixed address; and Michael Sandham, 39, of Winnipeg.
Found dead in vehicles abandoned on the outskirts of the hamlet of Shedden were: Jamie Flanz, 38, of Keswick; John Muscedere, 48, of Chatham, George Kriarakis, 28, of Toronto, Frank Salerno, 43, of Oakville; Paul Sinopoli, 30, of Jackson's Point; Michael Trotta, 31, of Mississauga and Torontonians George Jessome, 52, and Luis Raposo, 41.
The trial continues.
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Memories questioned
Fri, July 31, 2009
A defence lawyer accuses the Crown's star witness of mixing up facts about the killings
By RANDY RICHMOND
The Crown's star witness in the murder trial of six bikers has mixed up facts and was diagnosed as having "very, very scattered abilities" that could affect his memory, the lawyer for one accused suggested yesterday.
Capping four days of dramatic cross-examination, defence lawyer Tony Bryant also suggested the police informant -- who can be identified only as M.H. -- claimed responsibility for killing George (Pony) Jessome.
Asked by another biker on the ride home to Winnipeg from the Ontario killings what he was thinking, M.H. made a slashing motion across his throat, then "held your hands in front as if riding a horse," Bryant suggested.
But M.H. yesterday stuck to his story of the Dutton-area Bandidos killings, and insisted he made no such signal about killing Jessome.
"That didn't happen," M.H. said.
On the final day of dramatic sparring between the lawyer and informant, Bryant suggested M.H. was wrong about seeing the body of George (Crash) Kriarakis in a tow truck with the body of Jessome.
"I am going to suggest in the strongest possible way there was nobody else (besides Jessome) in that truck," Bryant said.
M.H. testified last week he followed Jessome to a tow truck, where he was killed.
Kriarkis's body was already inside the same vehicle, he said.
But Bryant told M.H. yesterday a blood splatter specialist would later provide evidence Kriarakis could not be in that truck.
"The last time I saw Crash he was in it," M.H. insisted, breaking down on the stand.
Bryant also suggested M.H. mixed up who got killed when.
"Your sequence is wrong," Bryant told M.H.
"I would disagree with you," M.H. countered.
M.H. was one of five members of a Manitoba probationary chapter of the Bandidos that was in conflict with its sponsoring Toronto chapter.
Toronto's "No Surrender Crew" also served as the Canadian national chapter, but orders had come from the club's United States headquarters to boot them out of the worldwide club.
The Winnipeg bikers arrived uninvited to Kellestine's farm, near Dutton, in the spring of 2006 to find out why Kellestine hadn't followed the orders to "pull the patches" -- or yank the memberships -- of the Toronto club.
They stayed at the farm for two weeks before eight Toronto members were lured to the farm the night of April 7, 2006, M.H. testified earlier.
The bodies of the eight Toronto members were found stuffed into several vehicles on a rural Elgin County road not far from Kellestine's farm the next morning.
Six Winnipeg Bandidos are charged with eight counts of first-degree murder. All have pleaded not guilty.
Bryant has focused much of his cross-examination on Aravena's status in the club, painting him as a grunt worker afraid to challenge authority, and on M.H.'s memory of events.
Yesterday, Bryant produced court documents from a sentencing hearing in October 2002, where M.H. was facing other charges.
A lawyer, citing medical tests, described M.H. as having "some learning disabilities."
By Grade 9, he had the reading skills of a Grade 5 pupil, the documents suggested.
Bryant suggested to M.H. that he's had several "memory lapses" and is relying on information gathered after the killings to round out his stories.
"In many instances, you have made certain deductions . . . (based on) things you have seen and put together later," he suggested.
M.H. acknowledged he had some learning disabilities, but rejected a suggestion he'd been diagnosed with attention deficit disorder.
"I was not diagnosed with anything," he said.
He also refused to buy any attempt to paint Aravena as someone who had no choice but to follow orders the night of the killings.
"I didn't see anybody point a gun to his head," M.H. said.
The biker-turned-informant gave some glimpses yesterday into the undercover work he did for police in Winnipeg after the killings.
He and police worked out a secret signal to give if he got in trouble, M.H. said.
"I was actually supposed to kick my shoe off," he said.
Even that made Bryant wonder aloud how police were supposed to rush to his aid if they couldn't see him.
The trial was expected to continue today.
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Bandidos trial: Jury hears of Hells Angels link
Fri, July 31, 2009
By JOHN MINER, SUN MEDIA
The star Crown witness in the Bandidos murder trial had a long history with motorcycle clubs and provided personal security for infamous Hells Angels leader Maurice (Mom) Boucher, jurors heard today.
The witness, who can only be identified as M.H., also testified he worked with another leading Hells Angels member, Walter Stadnick.
M.H. said he was close enough to Boucher to have drinks with him.
“I did security for him,” he said.
Before joining the Bandidos, M.H. had also been a member of a Hells Angels puppet club, likened yesterday to a farm team.
He said the Hells Angels were less collegial than the Bandidos, and a Hells Angels member would take another member’s wife.
“The leading cause of death amongst Hells Angels is other Hells Angels,” he said.
In other startling testimony, M.H. — whom the jury has heard was a police informant on the Bandidos — said he grossed as much as $80,000 a day or more selling cocaine from a bar. He pocketed one quarter of the sales, giving him $20,000 a day while he collected welfare as well.
Michael Moon, lawyer for accused Dwight Mushey, questioned M.H. about lies he had told in the past, including fraudulent claims for welfare and being a police informer when he started with the Bandidos.
“You were ratting them out from the very beginning,” Moon said.
“Yes,” replied M.H.
“You say that like it was nothing,” Moon said.
“It was what it was,” replied M.H.
Responding to Moon’s statement that he was a liar and a fraud, M.H. said: “Call me anything you want, it doesn’t change what happened that night.”
Earlier in the trial, M.H. testified the Winnipeg Bandidos and Wayne Kellestine killed eight Toronto Bandidos at a meeting the night of April 7, 2006, on Kellestine’s farm southwest of London.
Their bodies were found the next day stuffed into several vehicles on a rural road not far from Kellestine’s farm.
Kellestine, Mushey and four other men are accused of eight counts of first-degree murder. They have pleaded not guilty.
Yesterday, M.H. said he had understood from his police contact that he would receive $750,000 for his information about the killings.
But when he met with two police officers, they made it clear from the outset he wouldn’t get the money, he said.
M.H. agreed he was disappointed he had been “played” by his police contact.
M.H. also admitted he lied to his wife to get her to join the witness protection program with their children, telling her they would be paid $70,000 a year.
He receives $1,300 a month, little more than he got on welfare, M.H. said.
“My wife didn’t like Winnipeg anyway,” he said.
He also admitted he lied when he met his police contact after the killings and failed to disclose what happened on the Kellestine farm.
“I was originally going to tell him,” M.H. said, but he thought about his family, the biker code and Dwight Mushey.
Questioned about that meeting with his police contact, M.H. broke down and cried yesterday.
He was in tears again after a brief adjournment.
The trial resumes Tuesday.
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Former biker provides O. J. moment at Bandidos trial
Puts on latex glove
Saturday, August 01, 2009
It was the O. J. Simpson moment of the Bandidos trial, although instead of high drama, it was somewhat comic.
The former biker turned police informant who can only be identified as M. H. was following the orders of defence lawyer Tony Bryant to put on a purple latex glove while testifying in court this week.
It was similar to what M. H. said he and the six men on trial wore underneath winter gloves at the farmhouse of Wayne Kellestine on April 7, 2006, while waiting for the Toronto Bandidos to arrive.
With a few jurors giggling and M. H. wearing the rubber glove, Mr. Bryant scoffed at the testimony that the defendants were sitting around for several hours inside the farmhouse near London, Ont., wearing two sets of gloves, including one that was made of latex.
"It was a joke," stated Mr. Bryant, who represents Marcelo Aravena.
"I don't know if that was a joke. Everyone was gloved up," insisted M. H. The "gloved up" recollection was just one example of what M. H. agreed was a "bizarre and strange" series of events that ended with the execution-style killings of eight members and associates of the Toronto chapter of the Bandidos.
Mr. Kellestine, 60, Mr. Aravena, 33, Michael Sandham, 39, Dwight Mushey, 41, Frank Mather, 35, and Brett Gardiner, 25, are all on trial in Ontario Superior Court, each facing eight counts of first-degree murder.
M. H. has testified for nearly three weeks about that night, the killings and the dispute between the Manitoba chapter, where he was sergeant-at-arms, and their Toronto colleagues.
Despite the gruesome nature of the killings, with the victims allegedly being led out silently to be shot with a .22 calibre rifle or vintage handgun, the picture painted by M. H. has often appeared more like a macabre episode of the Trailer Park Boys -- the Crown witness as Bubbles turned informant, albeit with much thinner glasses.
The Toronto members arrived at the farm at the request of Mr. Kellestine, not knowing he was supposed to "pull their patches" (remove memberships) under order from more senior Bandidos in the United States. In exchange, the Manitoba chapter would be granted full membership status and Mr. Kellestine would be appointed national president.
"Kellestine wanted to 'reorganize' the Toronto chapter," suggested Mr. Bryant.
"Pretty much, yeah," said M. H. In preparation, Mr. Kellestine brought out weapons from a duffel bag. The rifles and shotguns were in such disrepair that solvent was needed to clean them before they were assembled.
M. H. testified about a trip a few days earlier to visit an elderly man with an oxygen tent, who was in his late 80s and claimed to have been in prison with the Birdman of Alcatraz. The man sold them shotgun shells that he handed over in a brown hat.
Before the Toronto members arrived, Mr. Kellestine said to "prepare for the worst" although M. H. agreed that despite the cleaning of the weapons and being "gloved up" there was no set plan to kill their colleagues.
While standing guard outside the barn, M. H. testified about hearing gunfire. He ran inside and saw Luis "Chopper" Raposo, one of the Toronto members, severely wounded.
Mr. Raposo allegedly shot first and was wounded by Mr. Sandham, head of the Winnipeg chapter.
For the next few hours, the Toronto members were guarded by M. H. and some of the men now on trial.
Mr. Kellestine, portrayed as an eccentric racist, was the person in charge, said M. H.
More than once, Mr. Kellestine indicated that he was simply going to "pull the patches" of the Toronto members and they would not be harmed. What has remained unclear is what led Mr. Kellestine to allegedly order the execution of the Toronto members and why everyone complied with this direction, including the victims, who did not try to flee or fight.
Unknown to his fellow bikers, M. H. was already a police informant. Yet he never contacted police or took any steps to prevent the massacre. "There was no opportunity," claimed M. H.
Within days of returning to Winnipeg, he reached a deal with police. Instead of facing a potential life sentence, M. H. received immunity and is in the witness protection program. His wife and children and even the family guinea pig have been relocated. Living expenses are also covered for the former drug dealer and biker.
With close-cropped hair, glasses and a suit, the stocky 40-year-old witness has appeared more like a small-town business owner. When his improved memory during the trial was greeted skeptically, he compared himself to the Rain Man character portrayed by Dustin Hoffman.
With the exception of a few occasions when he has lost composure and fought back tears, M. H. has been genial on the witness stand, even when attacked by the defence lawyers.
After Mr. Bryant ordered him to put on the glove, M. H. was then directed to see how easy it was for it to be ripped.
"I don't know how the hell you did it," said Mr. Bryant, surprised at the ease with M. H. ripped the glove.
"You asked me to do it," a perplexed M. H. responded, with an amused jury watching the spectacle.
The trial resumes on Tuesday.
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Lawyer suggests star witness has 'powerful motive to lie'
Tue, August 4, 2009
By JANE SIMS, LONDON FREE PRESS
He's been called a liar set on avoiding eight counts of first-degree murder and a life behind bars.
But M.H., the star witness at the Bandidos murder trial, insisted this morning he is telling the truth and what he did at Wayne Kellestine's farm on April 8, 2006, will still be judged.
"It will be tried someday in a higher court than this," he said, his eyes reddening, as he testified this morning at the end of a heated exchange with defence lawyer Michael Moon.
M.H. began his third week of testimony in cross-examination by Moon, the lawyer of Dwight Mushey, 41 — the fifth of six defence teams to challenge his version of how eight Toronto Bandidos were shot to death.
Kellestine, 60, and Frank Mather, 35, of Dutton-Dunwich; Brett Gardiner, 25, of no fixed address; and Michael Sandham, 39, Marcelo Aravena, 33, and Mushey of Winnipeg have all pleaded not guilty to eight counts of first-degree murder.
The shooting victims, George Jessome, 52; George Kriarakis, 28; John Muscedere, 48; Luis Raposo, 41; Frank Salerno, 43; Paul Sinopoli, 30; Jamie Flanz, 37; and Michael Trotta, 31, were found shot to death and their bodies left abandoned in four vehicles left on an Elgin County road near Shedden.
M.H. was at the Elgin County farm with the others the night the eight men came to the farm for a biker "church" meeting.
The fledgling Winnipeg chapter was there to find out why Kellestine had not pulled the patches - and effectively booting out - the Toronto group, on orders from the United States Bandidos.
The Toronto chapter was in conflict with the Americans and with the Manitoba chapter they were sponsoring.
The Toronto men were lured to the farm with a promise that Sandham, the Winnipeg-chapter president, would be there to iron out some of the issues both sides were grappling with.
Moon repeatedly suggested M.H., whose identity is protected by court order, is tailoring his evidence to live up to his immunity agreement with the Ontario attorney-general and avoid prosecution.
"I don't gain anything here by lying," M.H. said. "I lose if I lie."
Moon said he had to be "caught lying" and his agreement "goes by the way of the dodo."
He said the deal to avoid prosecution by testifyiing against the others was "a powerful motive to lie."
Moon reviewed some M.H.'s earlier statements to the police and to the court and how M.H. sometimes remembered details long after the shootings.
M.H. called them "Rain Man moments," as he explained last week during earlier cross-examination, referring to the savant character played by Dustin Hoffman.
"I remember stuff all the time," he said.
"I say you're a liar and . . . you don't want to go to jail for the rest of your life," said Moon.
"I have everything to lose by lying and nothing to lose by telling the truth," M.H. replied.
He agreed that Mushey had a problem with his Achilles tendon and sometimes walked with a cane. Mushey also had a heart issue and used "nitrous spray" if he was put in a tense situation.
M.H. agreed he didn't expect anyone would get hurt, when they armed themselves, "but we did have guns though."
Moon pointed out that M.H. was the sergeant-at-arms for the Winnipeg chapter chapter or the "brute squad" for the club.
But M.H. said there were only four members in Winnipeg and only three other chapter members living outside Manitoba, so there was "not much enforcing.”
He called victim Luis Manny "Chopper" Raposo's comment inside the barn to Kellestine that he was "going to put a hole" in Sandham "biker bravado."
"You got to understand the biker world," he said, adding he wished he had "a dollar" for every time he heard similar threats.
Moon asked if the Bandidos were just "a bunch of pot-smoking, good old boys who listen to Lynyrd Skynyrd and cruise around on weekends."
"Supposed to be." M.H. said.
But he admitted he was ready to use his gun that night if he had to.
Moon suggested M.H. showed little emotion when he first relayed his story to Ontario police officers in Winnipeg just days after the killings, yet was teary in court when he had an audience in a courtroom.
"You make it sound like it is easy to live with," M.H. said.
The trial continues this afternoon.
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Biker witness 'hit the lottery,' lawyer tells mass murder trial
Aug 04, 2009 01:47 PM
LONDON, Ont. – God will decide who's a mass murderer and who's just a liar, a biker murder trial heard today.
The comment came from the star prosecution witness, who can only be identified as "M.H.," after defense lawyer Michael Moon called him a liar. "I'm suggesting you're pedaling as fast as you can to avoid eight counts of murder," Moon said. "It'll be tried some day in a higher court than this," M.H. replied softly, while appearing to tear up. Court has earlier heard that M.H. was a personal bodyguard for notorious Hells Angels leader Maurice (Mom) Boucher and for former Hells Angels national president Walter Stadnick. "I did security for him (Boucher) and I had a drink with him, if you want to put it that way," M.H. told the trial into the largest mass murder in modern Ontario history. Boucher is now in prison serving a life sentence for ordering the murders of two prison guards.
M.H. agreed with defense lawyer Michael Moon that he also did security work for senior Hells Angels enforcer Stadnick, formerly of Hamilton and now a federal inmate after being convicted in 2004 of conspiracy to commit murder, gangsterism and drug trafficking. "Yes, Wally, yes," M.H. replied when asked if he had served as one of Stadnick's bodyguards. Stadnick is considered by police to be the architect of the Hells Angels coast-to-coast expansion in the late 1990s and early 2000s.
M.H. also agreed with Moon that his longest stint of steady employment was the year he spent dealing drugs in a Winnipeg hotel. He sometimes netted more than $25,000 a day from cocaine sales, M.H. said. At the same time, he supplemented his income with $1,000 monthly in welfare benefits, M.H. said.
He has told court that he didn't shoot any of the eight members of the Greater Toronto Area chapter of the Bandidos Motorcycle Club, who were found in vehicles abandoned near a farmer's field west of London on the morning of April 8, 2006. He did admit that his past includes violence. "Did you smack people outside the (motorcycle) club?," Moon asked. "I wasn't the only one in the club that was smacking people," M.H. replied. He said that a Winnipeg police officer told him that the Ontario Provincial Police might offer him $750,000 for informing on the killers of the Bandidos. "(In your mind), this wasn't mass murder," Moon said. "This was (M.H.) hitting the lottery — $750,000." M.H. said his witness protection deal with authorities provides him with free rent, medical care and $1,300 a month for living expenses. That was only slightly more than he made collecting welfare back in his drug-dealing days, M.H. said.
The trial continues.
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BANDIDOS TRIAL: A defence lawyer alleges M.H. -- the Crown's star witness -- killed Luis Manny (Chopper) Raposo -- the first of the eight bikers to be shot dead
M.H. accused of lying and killing
The London Free Press
August 5, 2009
For more than a week in cross-examination, he's been called a liar.
Yesterday, the star witness at the Bandidos trial was accused of being a killer.
"I suggest that you shot Mr. Raposo," said defence lawyer Michael Moon, referring to the shooting of Luis Manny (Chopper) Raposo, the first of eight men man to die on April 8, 2006.
"You can suggest all you want," said M.H., who began his third week in the witness box.
The shocking accusation and M.H.'s denial came at the end of a long day of cross-examination by Moon, who represents Dwight Mushey, 41, of Winnipeg.
M.H. and Mushey were members of the fledgling Manitoba Bandidos motorcycle club chapter, along with three others who showed up unannounced at Wayne Kellestine's farm two weeks before the eight Toronto Bandidos were found shot to death.
They had come to the farm to "pull the patches" 'from their sponsoring Toronto chapter that had run afoul with its superior club in the United States.
M.H. has testified he shot no one that night, but watched seven of the eight men being led to their deaths on the Kellestine farm after Manitoba chapter president Michael Sandham had shot and killed Raposo in the barn.
Moon, part of the fifth of six defence teams to cross-examine M.H., called the witness "a liar" from the outset, suggesting M.H. is tailoring his evidence to live up to his immunity agreement with the Ontario attorney-general and avoid prosecution.
If M.H. lies, his deal is off. "I say you're a liar and . . . you don't want to go to jail for the rest of your life," said Moon.
"I have everything to lose by lying and nothing to lose by telling the truth," M.H. replied.
Later, Moon said M.H. was "pedalling as fast as you can" to avoid being charged with murder.
"It will be tried someday in a higher court than this," he said, his eyes reddening.
At times, there were tense exchanges during some of Moon's barrages of questions over inconsistencies between statements and testimony.
"I remember how it happened. I was there," M.H. said. "If I remember correctly, you were not."
Moon tried to paint a picture of Mushey as trying to help the other terrified Winnipeg Bandidos who were concerned they would also be shot. Moon pointed out to M.H. that Mushey told him to "be ready" and told accused Brett Gardiner to return to the farmhouse away from the barn.
Moon also suggested Mushey left the barn to use a puffer he had for a heart condition that would flare up in stressful situations. M.H. disagreed, saying Mushey would use his medicine wherever he was, "just like for my asthma."
Moon wanted to know why M.H. didn't try to get help. "It's not like anyone stood up and said 'hey, what's going on here?" M.H. said. "Like I said, we were all bikers that night."
"You were never a biker. You're an informant," Moon said, pointing out M .H. didn't even own a motorcycle.
"In that case, just about everybody in the box over there is not a biker, if you want to get technical about it," M.H. replied.
Moon suggested victim Michael Trotta had "15 pellets of bird shot in his head" and some of his blood was on a "centre beam" of the barn -- and that M.H. had no explanation.
Later, Moon produced a photograph of the shotgun M.H. had that night and said it was loaded with only four shells when it had a five-shell capacity.
Moon said M.H. secretly heard Raposo boast he wanted "to plug a hole" in Sandham while hiding behind the barn.
Moon suggested Raposo was still on his feet when M.H. went inside the barn and M.H. shot him with his shotgun, grazing Trotta with the birdshot.
Sandham had two guns -- a shotgun and a .303. His shotgun wasn't fired, Moon said, and there was no .303 shell in Raposo.
Assistant Crown attorney Tim Zuber objected and said Moon was "incorrect." Superior Court Justice Thomas Heeney dismissed the jury for the day.
Moon also proposed M.H. had more to do with the death of George "Pony" Jessome than just watching Kellestine shoot him in the head and chest after seating him in the cab of Jessome's tow truck. The trial resumes today.
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M.H. role in crime comes under fire
Thu, August 6, 2009
Star witness accused of killing
By JANE SIMS
It was another side of Wayne Kellestine for the Bandidos trial jury to consider -- "a perfect patsy," rather than crazed killer.
Yesterday, Kellestine's defence team offered up a different theory as to how eight Toronto Bandido motorcycle club members were shot to death -- pinning the plan to kill on a group of ambitious Manitoba bikers.
But M.H., 40, the Crown's star witness at the Superior Court trial, disagreed with defence lawyer Ken McMillan and stuck to his version about what happened on Kellestine's Elgin County farm on April 8, 2006, when eight Toronto Bandidos were shot dead.
M.H., a former Winnipeg Bandido, completed his testimony yesterday after almost three weeks in the witness box,
There were parts of M.H.'s testimony McMillan couldn't ignore.
McMillan was struck by how the Winnipeg Bandidos, specifically M.H., were willing to listen to Kellestine, then fall in behind each victim as they were led out of the barn to be executed.
M.H. said he had watched two men be led out, and heard "pop, pop, pop," before he stepped forward to follow Kellestine and George (Pony) Jessome -- then watched Kellestine kill him.
"Why would you do that?" McMillan asked.
"I don't know, I just did," M.H. said.
"You had to know that Boxer (national president John Muscedere) and Crash (George Kriarakis) were executed and Pony was being taken out to be executed as well."
"Hindsight, I guess," M.H. said.
But McMillan persisted, reminding M.H. he had described Kellestine as a "crazy wild man, singing, laughing, doing a jig . . . acting bizarre."
M.H. had a shotgun. Dwight Mushey had a sawed-off shotgun and Winnipeg chapter president Michael Sandham had two guns.
"You guys didn't have to do anything you didn't want to. You could say, 'I don't think so,' and you could have blown Wayne's head off.
"I suggest you were doing the killing," McMillan added.
"You can suggest all you want," M.H. replied.
M.H. said there was no signal set for him and Mushey while they waited by the barn with loaded guns for the Toronto members to arrive for a "church" meeting.
Other points of M.H.'s testimony puzzled McMillan.
He calculated M.H. earned $5 million if his claim was true he made $20,000 a day selling cocaine.
"Maybe it was over-exaggerated," M.H. admitted, who revised his earning to an average $3,000 a day, with his highest take $9,000.
McMillan pointed out the "coincidence" the Manitoba bikers hit the road for Kellestine's farm the same time three men were in Winnipeg looking to kill Sandham.
En route to Kellestine's, Sandham had a call from his wife describing men who were looking for him.
McMillan wondered why, if Kellestine had been promoted to national president as M.H. testified, the Winnipeg bikers had "to sneak up on him?"
"You have to ask the States . . . Orders are orders," M.H. said.
Kellestine was surprised when the men landed at his place.
"You guys were set up as the only chapter in Canada and you had the perfect patsy back here in Ontario," McMillan said.
"I disagree," M.H. said.
But M.H. agreed Kellestine never put on gloves that night, while the Winnipeg bikers wore rubber gloves and that Kellestine had spoken earlier of saving the patches of some Toronto members but booting out others.
And M.H. agreed it was Sandham who came up with the idea he could shoot Muscedere off his balcony, but disagreed that Kellestine was merely cautioning them when he told the others to "be prepared for the worst" and "if we kill one, we kill them all."
"I suggest Wayne Kellestine was hoping this whole patch pulling could happen with no one being shot," McMillan said.
M.H. didn't agree.
The trial continues today.
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Biker's middle finger is focus of expert testimony
Thu, August 6, 2009
Jury learns about gunshots at Bandidos trial
By JANE SIMS, LONDON FREE PRESS
Luis "Chopper" Raposo often used a right-handed, middle-finger salute as his signature stance in almost all the photographs taken of him at Bandido motorcycle events.
This morning his middle finger became a key focus of the jury at the the Bandido trial when they heard Raposo's autopsy results.
Dr. Toby Rose, medical director of the Ontario Forensic Pathology Service, performed the autopsy on Raposo and three more of the eight shooting victims whose bodies were found April 8, 2006, near Shedden.
Dr. Michael Pollanen, the chief forensic pathologist of Ontario completed the other four — George "Crash" Kriarakis, 28; John "Boxer" Muscedere, 48; Frank "Bam Bam" Salerno, 30; and Michael "Little Mikey" Trotta, 31.
Raposo, 41, the Crown maintains, was the first to die inside Wayne Kellestine's barn. The rest were shot to death after they were led out to four vehicles and placed inside.
The tow truck, two cars and an SUV were found hours later, abandoned on Stafford Line.
Rose told the jury the bullet that killed Raposo first amputated the right middle finger, before it shattered, sending fragments of the bullet and his finger into his chest.
Those fragments hit his neck and lung, hitting some large arteries and veins and causing him to die. More than a litre of blood was in his chest. Some other bullet fragments were found in the palm of his left hand.
A bullet from another gun, Rose said, grazed his right upper arm.
The Crown and their star witness, M.H., a former Winnipeg Bandido, have said Michael Sandham, 39, the Winnipeg chapter president, shot Raposo from the barn's loft. Sandham had a .303 rifle and a shotgun with him.
The jury has also heard M.H. had a shotgun and Dwight Mushey had a sawed-off shotgun. Kellestine had a .22 calibre rifle.
M.H. said he and Mushey hurried into the barn after hearing gunfire.
Rose's opinion was Raposo could not have been shot with a shotgun, pointing out the bullet fragments did not resemble shotgun pellets.
Rose also reviewed the autopsy results of three other victims:
-Jamie "Goldberg" Flanz, 37, died from two gunshot wounds — one at close range into the head downward from the forehead, through the brain, before the bullet lodged in the back of the head; and the other that entered through Flanz's cheek below his left eye, through the face and neck and lodged near the second vertebra. The second wound was not necessarily fatal, Rose said, but was medically significant and could have caused death. Flanz also had a laceration at the rear of his scalp.
-George "Pony" Jessome, 52, died from two gunshots to the head and one to the chest. Rose said there was one litre of blood in his chest cavity. Bullet fragments were retrieved from the right clavicle. Rose said he was not shot with a shotgun.
-Paul "Big Paulie" Sinopoli, 30, had two gunshot wounds to the head. One to the left eyebrow penetrated his face and neck, and collapsed his eyeball, indicating, Rose said, that the gun was held at an angle. The other shot was to the temple, but was "unusual," she said because of the tiny metal fragments found in the brain and the soft tissue of the scalp. The pellets, she said, were not from a shotgun. "I believe they came from a very unusual ammunition," she said. Sinopoli also had a small graze wound on his right thigh that went through the face of a gargoyle tattoo.
Rose began her testimony by explaining to the jury the features of different gunshot wounds.
In her experience, Rose said this was the only case she has seen where there were eight bodies were brought for examination from one incident.
Rose gave a presentation showing what different wounds — both entrance and exit — look like at autopsy. She also explained close-range gunshots and what wounds look like from handguns and shotguns.
"I should say there are not many exit wounds in this case," she said.
In cross-examination, defence lawyer Donald Crawford, Rose maintained it was not a shotgun that killed Raposo, even though forensic experts have not excluded a shotgun as a weapon.
Rose said the wound does not look like it was made by a shotgun blast.
As for the Flanz wound to the cheek, she agreed that people can survive shots to the head if they get treatment immediately.
But she would not retreat from her opinion that his cause of death was from both gunshot wounds.
Six men have pleaded not guilty to first-degree murder -- Kellestine, 60, and Frank Mather, 35, of Dutton-Dunwich; Brett Gardiner, 25, of no fixed address; and Sandham, 39, Marcelo Aravena, 33, and Mushey, 41, of Winnipeg.
The trial continues this afternoon.
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Biker boasted of being invincible, mass murder trial told
Aug 07, 2009 01:38 PM
LONDON, Ont. – Outlaw biker Wayne Kellestine bragged to police that he was "10 feet tall and invincible" immediately after being picked up by police on suspicion of taking part in the largest mass murder in modern Ontario history, court heard today.
Kellestine, 60, hadn't yet been placed under arrest for the murder of eight fellow members of the Greater Toronto Area Bandidos Motorcycle Club when he boasted to Det. Sgt. Mark Loader of the OPP that he had no fears for his own personal safety, despite the slaughter of his clubmates.
"I don't give an (expletive) about myself," Kellestine told Loader as they sat in a cruiser, driving from Kellestine's ramshackle farm to the London OPP detachment.
"I am invincible. I am 10 feet tall and invincible."
He said say, however, that he had fears for the safety of his wife and school-age daughter.
When Loader asked, "From who?," Kellestine burst into laughter and replied, "You don't know who?"
He didn't expand to the police officer, who was a member of the Biker Enforcement Unit, which targets outlaw motorcycle clubs.
The conversation was recalled as Loader took the witness stand this morning.
Loader said he wasn't interrogating Kellestine, and that the biker simply began to talk as they rode together in the police car on April 9, 2006, a day after the bodies of eight GTA Bandidos were discovered in vehicles abandoned by a farmer's field, 14 kilometers from Kellestine's farm.
Loader said that Kellestine appeared to be pretending to cry for a few seconds, and then said, "I wish that they would have put a gun to my head and killed me, too."
Court has heard that several of the murdered bikers were shot by guns pressed against their heads.
"Did you tell them that these people had been shot," Crown Attorney Kevin Gowdey asked?
"No I did not," Loader replied.
"Did you tell him where they were shot?," the Crown Attorney continued.
"No I didn't," Loader replied.
Found dead by a farmer's field were: Luis Raposo, 41, George Jessome, 52, and George Kriarakis, 28, all of Toronto; Frank Salerno, 43, of Oakville; Paul Sinopoli, 30, of Jackson's Point; John Muscedere, 48, of Chatham, Michael Trotta, 31, of Mississauga and Flanz, 38, of Keswick.
Facing eight counts of first degree murder are: Kellestine, Marcelo Aravena, 33, Michael Sandham, 39, and Dwight Mushey, 41, all of Winnipeg; Brett Gardiner, 25, and Frank Mather, 35, each of no fixed address.
The trial continues.
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Kellestine told wife: 'I loved all them guys'
Sat, August 8, 2009
BANDIDOS TRIAL
Freshly charged with eight counts of first-degree murder, Wayne Kellestine told his wife over the phone he "didn't do anything."
"I know it's a setup. You know it's a setup," he said to his common-law spouse, Tina, from the London OPP detachment.
He listened to Tina tell him about the dead.
"He wouldn't hurt a flea, that man," Kellestine said, though it was unclear exactly who he was talking about. "He's such a nice f---ing gentle man. (Expletive) I loved him too, with all my heart and soul. And Boxer, I loved him with all my heart and soul. And, (expletive) I loved all them guys."
Yesterday, the jury at the Bandido murder trial peered into Kellestine's mind in the hours following his arrest April 9, 2006, a day after eight dead Toronto Bandido bikers were found near Shedden about 14 kilometres from Kellestine's farm.
Excerpts from videotaped police statements were played, and showed Kellestine denying any involvement in the deaths, worrying about repercussions from other bikers, including the Hells Angels, and talking to his wife on the phone about what to do next.
OPP Det. Sgt. Mark Loader, who was part of Ontario's biker enforcement unit, testified he monitored the interviews after he and Det. Const. Jeff Gateman took Kellestine to the London OPP detachment after his arrest at his Elgin County farm.
Loader sat with Kellestine in the back seat of an unmarked police car.
Kellestine talked about his "brothers" and was crying -- but there were no tears.
"I wish they had just put a gun to my head and pulled the trigger too," Kellestine said.
"I don't care. I'm out of the club. Why me? I just lost three of my best friends."
"It appeared insincere," Loader testified.
At the detachment, Kellestine told the officers he'd been "crying over them all day."
"I don't give a (expletive) about myself," he said, crying. "I'm invincible. I'm ten feet tall and untouchable."
Moments later, Loader said, Kellestine was laughing.
During the first interview Kellestine insisted he was "drinking and partying" for three days and didn't know what day it was.
Kellestine was seated beside an interview table and stretched out with his feet resting on another chair. He kept telling Gateman he was exhausted and needed "triple-triple" coffee.
He told the officer he assumed his farm was under 24-hour surveillance.
"You know I haven't left. I haven't gone anywhere," he said.
"What am I? Houdini? I'm magic?"
At one point, it appears Kellestine tried to catch a nap.
He told Gateman he was embarrassed about crying in front of the officers
"The last thing I want is this on film in court seeing me bawling my (expletive) eyes out," he said.
Gateman assured Kellestine he hadn't seen him cry.
The officer also said he didn't think Kellestine looked burnt-out and hung over.
"I've seen you look worse," he said.
Kellestine wanted to know when he could leave. He was upset the police were "ripping my house apart."
"Did you murder these eight people? How's that for a question?" Gateman asked.
"That's a dumb (expletive) question. How could you say that to me?" Kellestine replied incredulously.
Kellestine said he wanted to go home, and clean up the mess the police were going to leave.
"I got to go home and I have to bury some friends, obviously."
But Gateman persisted. "You got eight dead people that you knew."
"You think I'm that stupid? To do something like that?" Kellestine asked.
"I am not going to dignify an answer to that.'
He also told Gateman he "wouldn't rat anybody off."
Kellestine also laments he's a "hypocrite because he had been high and drunk. "I'm always putting people down that are (expletive) drug addicts," he said.
He complained the police had "tunnel vision and you focus on me."
"And this is an old commercial. Pity," he said.
Kellestine called his common-law wife to make arrangements to leave. By the end of the interview, he had given the police his shoes for identification. When he was alone, he put on his sunglasses, pulled his ball cap over his eyes and was snoozing in the chair waiting for his release.
Instead, he was charged with eight counts of first-degree murder.
The next day, he wanted to know the whereabouts of the others who had been arrested at his house.
"You have tunnel vision here. You're focusing on the wrong people my friend, " he told OPP Det. Staff Sgt. Dave Quigley.
"Now we're all on the same team here. What, what would be my reason for wanting to harm them?"
Kellestine reminded the police he had problems with the Hells Angels who "tried to kill me three times in the past" and he'd been called by police as recently as "a couple of weeks ago" warning him about his safety.
"Now I imagine the Hells Angels are choked at me. I imagine the Bandidos are choked at me because I've been charged with this, even though you won't convict me on it."
Kellestine was worried about his family.
"You just charged me with murdering eight Bandidos who were my close brothers," Kellestine said. "Now whether or not you made a mistake or not, it'll come out in court.
"If the real perpetrators of this crime are Hells Angels, then they're still out there laughing."
Kellestine spoke to his wife and told her to sell his motorcycle, jewelry and cars.
"I want to apologize to all the neighbours for the inconvenience," he told her.
He told her there were "multiple arrests, whatever that means."
"I don't know whether they're arresting Hells Angels, who did this?. . . The police here are under the impression I helped them.
"Why would I do that? I hate them (expletive) . . . I hate them more than cops."
After the phone call, Quigley began questioning Kellestine again. Kellestine told him repeatedly to call his lawyer, Ken McMillan. "I've said way more than I should have. I realize that. I realize I opened my big (expletive) mouth and babbled on when I shouldn't have."
He denied he said to Quigley the Hells Angels were involved. Quigley said it didn't make sense anyway.
"Now quite frankly, I think you've done a great service to the H.A. (Hells Angels) by basically blowing up the entire national organization of the Bandidos," Quigley said.
Kellestine said he wanted to "recant any statements I've said."
For the rest of the interview, Kellestine repeated the same phrase.
"I deny having any knowledge or participation in any crime," he said.
The trial continues Tuesday.
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Police informant M.H. wasn't promised money, jury hears
Tue, August 11, 2009
By JANE SIMS, LONDON FREE PRESS
The police informant in the Bandidos trial was not promised money for his information and was told to expect jail time before he entered an agreement for immunity from prosecution.
OPP Det. Sgt. Mark Loader testified this morning that promises were not made to Winnipeg Bandido M.H., whom he was told gave details as to what happened at Wayne Kellestine's farm on April 8, 2006, when eight members of the Toronto Bandidos chapter were killed. M.H., 40, whose identity is protected by court order, gave lengthy testimony at the trial describing how the Winnipeg Bandidos arrived at Kellestine's farm unannounced and stayed two weeks.
M.H. told the jurors that the Winnipeg Bandidos devised a plan with Kellestine to get the Toronto Bandidos to the farm and described how each one was shot to death. Loader said he and Det. Const. Jeff Gateman, both members of the Biker Enforcement Unit, were sent to Winnipeg on April 14, 2006, a day after information came to Ontario investigators that a confidential source was there. Loader and Gateman focused on M.H., while other officers followed up on a second lead.
They had never met M.H. until April 16, 2006, when M.H. provided a 3 1/2-hour interview with them. Out of that interview came 33 different leads for Ontario investigators to follow while sifting through the Kellestine farm and checking other Bandidos-related information, Loader said.
After the initial contact, M.H. was instructed to call them if he recalled anything and arrange to meet them again. M.H. signed a contract with the Ontario attorney general two months later and became a police agent. Once M.H. was an agent, Loader became the primary handler of M.H., taking notes, giving directions and making decisions.
M.H. was instructed to wear body packs to record conversations and do follow-up interviews with the officers. Over the course of the investigation and preparing for the trial, Loader estimated he had "several hundred" meetings with M.H., either on the phone or in person.
M.H. required a lot of preparation time to review his statements, preliminary hearing testimony and wire taps. He was also cut off from the outside world with a new identity for himself and his family under the witness-protection program, Loader said. M.H. didn't see his extended family and didn't have time for his hobbies. He also was told not to seek employment because the case would require him to spend extended periods of time preparing for the trial.
Loader said there were days just "talking" about sports or his home province. M.H. was only given restricted access to evidence for which he provided information, Loader said. The jury also saw a short part of a longer police interview with Kellestine on April 10, 2006.
Kellestine refused to answer any questions, calling himself "a deaf mute." He told Gateman he had "the worst hangover of my life" from drinking beer. Loader monitored the interview after Kellestine was picked up at the end of his laneway during a high-risk take-down. Loader rode with Kellestine to the London OPP detachment and testified Kellestine did not smell like alcohol.
The trial continues this afternoon.
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OPP detective not impressed with Winnipeg cop, Bandidos jury told
Wed, August 12, 2009
Loader was handler of informant M.H.
By JANE SIMS, LONDON FREE PRESS
Ontario investigators landed in Winnipeg less than a week after eight dead Toronto-area bikers were found near Shedden, anxious to talk to a man who witnessed the shootings.
But first, they had to get past a Winnipeg police officer who used the man as an informant.
This morning at the Bandido trial, OPP Det.-Sgt. Mark Loader testified he was not impressed with the lack of professionalism displayed by officer Tim Diack when trying to arrange a meeting with M.H., a police informant.
M.H. is a former Winnipeg Bandido who has already testified at the trial. He is in the witness-protection program and his identity is protected by court order.
Loader, a former member of the Ontario Biker Enforcement Unit, testifying for a second day, confirmed Diack wouldn't let them near the informant until they took Diack out for dinner.
He ordered the most expensive thing on the menu, Loader said.
The suggestion of the steak dinner was made in a question from defence lawyer Michael Moon, who represents accused Dwight Mushey.
Loader also confirmed that he told Diack if he wasn't going to co-operate, the Ontario officers would confront M.H. on their own — based on their own intelligence.
The jury has already heard that it was Diack who suggested to M.H. that his information could be worth $750,000.
Loader confirmed that he was told M.H. would be making the request, along with a relocation for he and his family.
But he repeated that M.H. was given no promises and no money for his information.
He was told repeatedly that he could go to jail for his involvement, Loader said.
Diack did arrange for the Ontario officers to meet with M.H. and also rattled off some of the information M.H. had told him — specific details about the killings and some of the biker politics that led to the shootings.
But Loader said Diack told them detailed information off the cuff and without relying on a notebook.
Loader said during cross-examination by defence lawyer Clay Powell, who represents accused Wayne Kellestine, he had two of Diack's supervisors in the meeting when Diack relayed his information. Then Loader had the officers sign his notebook to make sure what Loader had written down was accurate.
He said he was concerned that Diack's "information was not reliable."
He also wanted the Winnipeg officers to sign off that they had told him they had "taken care of" the investigation into an alleged plot to kill Winnipeg Bandido chapter president and co-accused Michael Sandham by three other Bandidos — two sent from Toronto — while the Winnipeg bikers were in Ontario.
At the first interview with M.H. on April 16, 2006, eight days after the bodies were discovered, Loader went over Diack's information with M.H. to test its accuracy, before M.H. told his story to them for three hours.
Powell asserted that technique was "ass-backwards" and allowed the police to lay out a scenario for M.H.
But Loader disagreed, pointing out that M.H. corrected some of the information, then gave a detailed account of what happened that night at Kellestine's farm.
"It was quite successful," he said.
Once M.H. became a police agent, after signing an agreement with Ontario attorney-general on June 9, 2006, for immunity from prosecution, he wore body packs to gather audio-taped conversations.
M.H. was ordered not to fiddle with the recording device. But the first time he wore it in shorts he had on while working out at the gym, he made the mistake of taking the packs off before giving them back to the officers.
Loader said he never made the mistake again.
Loader said, M.H. was only encouraged to "tell your story" and nothing more during his trial preparation for the case.
Loader was also asked by defence lawyer Christopher Hicks, who represents Brett Gardiner, if he knew Eric Niessen, a man who the jury has seen in a videotape at Kellestine's farm and who was taken into police custody with four others at the farm the day after the bodies were discovered.
Hicks asked if Loader knew whether Niessen was a drug dealer dealing in methamphetamines.
Loader said he only met Niessen once and that his partner, Det.-Const. Jeff Gateman, would be more familiar with him — given his responsibilities were to understand the Bandidos motorcycle club in Southwestern Ontario.
Loader explained he was more familiar with the Hells Angels as part of his duties with the biker unit.
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Blood reveals death positions
Fri, August 14, 2009
BANDIDOS TRIAL
By JANE SIMS
The blood shed by eight Toronto Bandidos bikers gave clues to how they died.
David Sibley, a blood stain pattern analyst from the Ontario Provincial Police, was given the task to look at how blood pooled, dripped, flew and stained the vehicles where the dead men were found more than three years ago.
Yesterday, Sibley shared with the Superior Court jury at the Bandidos trial his conclusions from his examinations of the vehicles and the barn at Wayne Kellestine's farm where the men last gathered.
The jury reviewed grisly crime scene photos showing the men as they were found on April 8, 2006, in vehicles along Stafford Line in Elgin County.
Sibley discussed the direction the blood travelled after each man was shot and how it pooled around them.
Among his conclusions:
Most of the men were seated upright in the vehicles before they were shot. Paul Sinopoli was lying down in the back hatch of an Infiniti SUV.
Luis (Chopper) Raposo's body changed position several times, based on the flow pattern on his blood. The jury has heard Raposo was shot first inside the barn.
Jamie Flanz, found shot twice in the head in a Pontiac Grand Prix, had blood on his shoes. The Crown's star witness, a former Winnipeg Bandido known as M.H., has testified Flanz was one of the men ordered to carry Raposo's body, wrapped in a carpet, to the back of Raposo's Volkswagen Golf.
The "back spatter" blood pattern - blood that travels back to the source of force -- was in front of Flanz who was seated in the rear of the car.
A footprint with blood from Frank Salerno was found in the barn.
Blood drops from Raposo were in the vestibule of the barn.
A transfer stain of Michael Trotta's blood -- evidence that a wet bloody object touched another object -- was found on a pillar in the barn.
In cross-examination, defence lawyer Gordon Cudmore, who represents Michael Sandham, pointed out none of Flanz's blood was on the rear door panel of the Grand Prix.
M.H. testified Sandham fired the first shot into Flanz through the rear window.
Cudmore pointed out there was blood spatter on the centre console. Sibley said that he had no way of knowing Flanz's position in the car, except that he was seated based on the blood trail on his face.
The focus of defence lawyer Tony Bryant, who represents Marcelo Aravena, was about George (Crash) Kriarakis.
M.H. testified he saw Kriarakis's body in the Superior Towing tow truck before he watched Wayne Kellestine shoot George (Pony) Jessome as he was seated in the truck's rear seat.
But Kriarakis's body was found in the front driver's seat of Raposo's Golf.
Kriarakis, who weighed 238 pounds, had seven gunshot wounds -- four to the head and three to the torso.
But none of his blood was found in the tow truck and there has been no evidence that any of Jessome's blood was on Kriarakis.
Sibley testified through questions from assistant Crown attorney Fraser Kelly, blood in the car from Kriarakis would have come from his head wounds.
He would not expect "back spatter" to come from abdominal wounds because they are penetrating wounds covered with clothing that would stop any spatter from happening.
The trial continues today.
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BANDIDOS TRIAL
Crime scene tire impressions analyzed
Jane Sims
The London Free Press
August 15, 2009
All tracks seemed to lead back to Wayne Kellestine's farm, a footwear and tire impression expert testified yesterday at the Bandidos trial.
The trial of six men who have pleaded not guilty to eight counts of first-degree murder in he deaths of eight Toronto Bandidos bikers took another step into CSI territory with John Norman, a senior forensic analyst with the Ontario Provincial Police.
His specialty is analyzing shoes and tire impressions at crime scenes and comparing them with exhibits.
The jury was given a short tutorial on how Norman came to his conclusions about what was found using characteristics in the treads of both tires and shoes from the investigation that started on April 8, 2006,
He explained he used casts of tire impressions made from those found by identification officers in the dirt laneway at Kellestine's Dutton-Dunwich farm. He compared them with a set of tires found in a ravine outside Winnipeg and tires from the crime scene on Stafford Line, where the four vehicles carrying the dead men were found.
He could not make conclusive matches on any tread but said he "could not exclude" any, either.
The four Winnipeg tires fit accused Michael Sandham's red GMC Jimmy, he said. And those tires could not be excluded from the Kellestine driveway tire marks.
The jury has heard Sandham was seen buying new tires for the vehicle from a Walmart in Selkirk, Man., near Winnipeg, just days after he returned from Ontario, and then dumping his old tires into a ravine.
Norman could not exclude the crime scene tires from:
The Chevrolet Silverado tow truck owned by Superior Towing and driven by victim George Jessome.
The Pontiac Grand Prix rented to victim Michael Trotta's spouse.
The Infiniti SUV owned by victim Jamie Flanz.
Assistant Crown attorney Joseph Perfetto asked about the Infiniti's fuel level when it was found abandoned on Stafford Line.
Norman said investigators were able to siphon gas from all the vehicles except the Infiniti.
"There was not enough fuel to siphon out," he said.
The jury has heard from the Crown's star witness, M.H., a former Winnipeg Bandido whose identity is protected, that the vehicles were left 14 kilometres from the Kellestine farm because one of them had run out of gas.
Cross-examination of Norman is expected Tuesday.
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Pathologist testifies about how bullets went into, through Bandidos
Death wounds of victims detailed
Wed, August 19, 2009
By JANE SIMS
John (Boxer) Muscedere had a gunshot wound that went from one ear to the other.
George (Crash) Kriarakis was shot seven times -- four in the head and three to the torso.
Frank (Bam Bam) Salerno was shot between the eyes.
The bullet that killed Michael (Little Mikey) Trotta was shot into the top of his skull.
The Superior Court jury at the Bandido trial heard more autopsy results yesterday through Dr. Michael Pollanen, who came to court with an extraordinary resume and reputation.
Ontario's chief forensic pathologist was instrumental in overturning the autopsy findings in several criminal cases reported by controversial Dr. Charles Smith. Pollanen disputed Smith's opinion that several children died as a result of foul play, leading to the Goudge Report into baby deaths examined by Smith and a review of shaken baby cases across Ontario.
It was that "excellent work" that defence lawyer Clay Powell commented on, before Elgin County Crown attorney Kevin Gowdey asked Pollanen to relate his findings in four of the eight autopsies of the Toronto Bandido bikers found shot to death April 8, 2006 near Shedden.
Eight bodies were found in vehicles along Stafford Line, all members of the motorcycle club..
The jury has already heard about the other four autopsies on George Jessome, 52, Luis Raposo, 41, Paul Sinopoli, 30, and Jamie Flanz, 37, from Dr. Toby Rose.
Muscedere, 48, the Bandidos Canada president, was shot twice in the head and once in the torso.
One bullet was shot into his right ear, through the brain and recovered under his left ear. A second head wound was shot into the right cheek and was also found near the left ear.
Muscedere was also shot in the belly, the bullet grazing his liver, then perforating his heart and left lung. The shot was at close range and the bullet was recovered in the muscle of his shoulder blade.
There were also injuries to his lower lip and inside his mouth where his teeth were broken. He also had abrasions to his knees. Pollanen said the injuries were consistent with "terminal collapse," when, after an incapacitating injury, a person falls to their knees and falls forward.
Salerno, 43, the president of the Toronto chapter, had been shot nine times, with six of the wounds noted as superficial grazes and flesh wounds to his right hand and right leg. Pollanen said the wounds couldn't have been caused by "birdshot" from a shotgun.
The other injuries were devastating. One shot between the eyes, at close range, ricocheted inside his skull and broke apart.
Another, into the right cheek, was found lodged in his sinus. A third bullet travelled essentially the same route as in Muscedere's head, from ear to ear.
Pollanen also pointed out an unusual finding of "stipling" on Salerno's face, a pattern of injury caused by fired gunpowder.
Pollanen said while Salerno had suffered the injuries, there was no bullet entrance wound associated with the marks, indicating a gun was fired near, but not into, Salerno's head.
The hair was shaved way from the top of Trotta's head to show the gun wound, Pollanen said, was made with the gun barrel pressed against the scalp.
The bullet travelled through the brain and out the left cheek. The bullet was found loose in the body bag.
Trotta, 31, was also shot in the right chest, but the bullet only entered muscle and soft tissue.
But a third wound on the right side of his head was unusual, the pathologist said. While there was blackening and burning on the skin, the bullet never entered the head. Small fragments were recovered from under the skin.
Pollanen said he called in firearms experts to look at the wound because it was "a particular type of ammunition I hadn't seen before."
A black eye, he said, would have been formed after death from seepage in the head wound. Trotta also had a scrape under his eye.
Kriarakis, 28, had two gunshots to the temple that travelled a similar route. One passed through the brain and skull but stopped just under the scalp.
Another bullet to the face was found in his forehead. An X-ray Kriarakis's head showed multiple bullet fragments lodged in his brain. Another close range gunshot wound to the head just under the ear entered the brain. Kriarakis also had a wound under his right armpit, shot into his shoulder.
A chest wound was likely fired after death, Pollanen said, because there was little bleeding even after it had grazed his liver.
A final wound to his abdomen, under the belly button perforated intestines and there was bleeding, he said, indicating Kriarakis was alive at the time of the shot.
The jury has heard the Crown's main witness, a former Winnipeg Bandido who was at Wayne Kellestine's farm the night of the shootings, testify seeing Kriarakis in the back of a tow truck when Jessome was shot to death. Police found Kriarakis's body in the front seat of the Volkswagen Golf attached to the tow truck.
Defence lawyer Tony Bryant, who represents accused Marcelo Aravena, asked Pollanen if the arm and belly wound would have incapacitated Kriarakis. Pollanen said a person could be mobile if no major arteries or veins are hit. He found no evidence of restraints on his wrists.
Bryant focused on what might happen if Kriarakis was in the back of the tow truck with those injuries when the vehicle was moved. Pollanen agreed there would be some pain.
Defence lawyer Christopher Hicks. who represents Gardiner, reviewed the toxicology results of each victim with Pollanen.
Muscedere's results were "remarkably negative," Pollanen said. Kriarakis also had negative results.
Salerno, however, had both morphine -- an active component of heroin -- and methadone in his blood. There was evidence of heroin use in his urine.
Both Salerno and Trotta had a small amount of alcohol that could have been attributed to decomposition after death. Trotta also had a small amount of marijuana.
The breakdown product of cocaine was in Raposo's and Flanz's blood. Jessome had therapeutic levels of the pain killer oxycodone.
Nothing was detected in Sinopoli's system.
The jury has heard of conflicts that rose between the Toronto chapter -- also considered the national chapter -- and its American leaders. There was also friction between the Toronto chapter and the fledgling Manitoba probationary chapter it had sponsored.
The men were shot after they had come to Kellestine's farm to have their "patches pulled" and kicked out of the organization.
The trial continues today.
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Accused made a lot of phone calls, Bandidos jury hears
Thu, August 20, 2009
By JANE SIMS, LONDON FREE PRESS
Michael Sandham must have had some cellphone bill.
This morning, in cross examination of an OPP analyst who looked through the records of 40,000 phone calls made by the players in the Bandidos case, it appeared it was Sandham — one of the six accused and the president of the probationary Winnipeg chapter of the Bandidos — who liked to burn up the phone lines the most.
Defence lawyer Clay Powell, who represents Wayne Kellestine, had OPP Sgt. Ed Kodis take a closer look at the Sandham's phone activity in the months leading up to the shootings.
Powell focused in on all the phone calls that seemed to be made from Sandham's cellphone to a Kellestine phone.
The timeline showed frequent and lengthy calls made by Sandham, sometimes several times a day, to the cellphone registered to accused Frank Mather — but listed as a contact for Kellestine on at least one biker phone list.
The activity heated up more in the days leading up to a trip to Vancouver and while Sandham was in the British Columbia city in early March, 2006.
Sandham made at least 20 phone calls on his cellphone, some to an American Bandido, Keinard (Hawaiian Ken) Post and Canadian Bandido David (Concrete Dave) Weiche, but most were to the Kellestine contact.
"This guy does a lot of talking," Powell said to Kodis.
"That phone gets a lot of use," Kodis replied.
On March 3, 2006, the Sandham phone, while in Vancouver, was connected to the Kellestine/Mather phone for about two hours.
"That's two hours they've been yakking on the phone," Powell pointed out.
Kodis told Powell his function was only to organize the calls into a time line. He was given limited information about each individual involved.
Powell suggested, as he moved further along in the timeline that it appeared Sandham was taking the initiative.
"I don't know what is going on, but it appears this guy Sandham is quarterbacking something," Powell said.
A month after the bodies were found on April 8, 2006 near Shedden, Sandham resurfaced in e-mails, speaking on behalf of the Winnipeg group. Powell reviewed the correspondence, Sandham's plans to visit the Bandidos international executive in Texas in May, and his attempts to retain his position after it was revealled he was an ex-police officer.
He was arrested in Winnipeg on June 16, 2006.
"I guess that shuts down his phone and computer down," Powell said.
Before the lunch break, the jury began to hear telephone intercepts of calls made by the accused after the shootings.
OPP Det.-Const. Spencer Salters made a voice identification of accused Marcelo Aravena, a former mixed martial-arts fighter, based on six phone calls made in Winnipeg from the house Aravena shared with accused Dwight Mushey and one from the Elgin-Middlesex Detention Centre after his arrest.
Two of the calls were conversations with women. One, with a woman named Jen, instructs her to check out heavyweightgladiators.com to see his photograph.
Another is a call to Global TV to register for one of their contests.
The jury is expected to hear more calls this afternoon.
The shooting victims were all members of the "No Surrender Crew," the Toronto chapter of the motorcycle club that doubled as Bandidos Canada.
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BANDIDOS TRIAL: Jury listens to private conversations
Suspect denies involvement in killings
Jane Sims
The London Free Press
August 21, 2009
On the phone at the London jail, accused Brett Gardiner stuck by his story.
"We were drunk for two days watching pay per view . . . The only thing that comes to my head is this is just a big frame, " he said to friend Heather McDowell on May 13, 2006, more than a month after his arrest.
"None of us are involved in any of that . . ."
Gardiner was maintaining his story on June 2, 2006.
"Like, say (if) Bill Clinton was in that house, he would've gotten arrested himself, you know," he told her. "Anybody in that house would've got arrested."
Yesterday, the jury at the Bandidos murder trial listened in on private conversations of some of the accused during the days after eight Toronto bikers were found shot to death on April 8, 2006, near Shedden.
The Crown's case has focused on the internal conflicts within the biker club. The international executive in the United States had ordered the patches -- or memberships -- be pulled from Bandidos Canada, the same people who belonged to the Toronto chapter.
There was also friction over dues and patches with the probationary Winnipeg chapter the Toronto group sponsored.
Seven of the eight shootings are alleged to have happened execution-style at Wayne Kellestine's farm before the vehicles containing the men's bodies were driven 14 kilometres away.
Gardiner was charged with five others picked up at the farm in the days following the deaths. He told Heather McDowell he came to Ontario to work for Kellestine "'cause Wayne does shingling."
The intercepts the jury heard yesterday all involved members of the Winnipeg chapter, all of whom except Gardiner were out of custody and living in the Manitoba capital for two months after the shootings.
And they were proudly carrying on Bandidos business.
Marcelo Aravena a former mixed martial arts fighter, excitedly told his friend Lorica Allard a month after the deaths that "I got my vest."
Three days later, he talked about it again with Allard, asking how he looked in his biker colours.
"You got to admit though, eh, at least it's . . . worldwide, not . . . in the city only," he boasted.
Besides, he told her, he wouldn't be able to extricate himself from the club.
"Trust me it's too late," Aravena laughed. "The only way out for me is if I'm floating . . . in the river."
So excited was Aravena in the intercept, he asked accused Dwight Mushey, his sponsor, if he could be buried in his vest.
"I want the full thing, man," he said.
Some of the intercepts followed the Winnipeggers setting up two "church" meetings with a new member, Jeff (Bones) Smith, in May and recruiting new members.
But there seemed to be little communication between accused Michael Sandham, the president of the chapter, and the others until mid-May.
"Long time no hear," he said with a laugh on May 15, 2006, to another biker, who can only be identified as M.H. who has testified as a police informant at the trial.
In the phone intercepts from the Elgin-Middlesex Detention Centre in London, Gardiner told his girlfriend, Jessica McDowell, on June 16, 2006, the others had been arrested.
And he knew someone had given a statement to the police. But he didn't know Sandham had been a police officer and fiercely defended him.
Gardiner told her he'd decided he was "finished" with the biker club once he was released.
He'd told Mushey, even though he was promised full membership.
The trial continues today.
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Bandido was in his underwear when cops came to take him away, jury hears
Fri, August 21, 2009
Marcelo Aravena was in his boxer shorts when the police came to arrest him.
He let the two Winnipeg police officers into the house, where he lived with Dwight Mushey, when they came to the door after 11 p.m. on June 15, 2006.
The officers asked him to get dressed and followed him to the bedroom where he pulled on a t-shirt and shorts.
Back in the living room, he bent down and kissed his dog, Harley, on the nose before he went outside with the officers to be arrested for eight counts of first-degree murder.
"Yeah, that's fine," he said to the officers before they linked together two sets of handcuffs and cuffed the large man.
"He was very co-operative," testified Winnipeg police Det.-Sgt. Scott Halley at the Bandidos trial this morning.
The focus of the trial returned to the Manitoba capital today with the jury hearing from four Winnipeg police officers.
Two of them described seeing Aravena, 33; Mushey, 41, and a biker-turned-police informant M.H. in their Bandido vests a week before the arrest, during a lengthy surveillance.
Det.-Sgt. Dennis Peterson also told the jury about arresting Mushey shortly after 10 p.m. on June 15, 2006.
Mushey was walking to his blue, late-model Mercedes when the police arrested him at gunpoint.
Peterson said Mushey also was "co-operative."
The jury also heard wiretap intercepts of Mushey on the phone with prospective members of the Winnipeg Bandidos.
It's clear from the conversations he is not in contact with chapter president Michael Sandham, 39, and wants to know what happened during a trip to Texas.
The three Winnipeg men along with Wayne Kellestine, 60, and Frank Mather, 35, of Dutton-Dunwich and Brett Gardiner, 24, of no fixed address have pleaded not guilty to eight counts of first degree murder in the shooting deaths of eight Toronto-area members of the Bandidos motorcycle club on April 8, 2006.
The shooting victims were George Jessome, 52; George Kriarakis, 28; John Muscedere, 48; Luis Raposo, 41; Frank Salerno, 43; Paul Sinopoli, 30; Jamie Flanz, 37; and Michael Trotta, 31.
The trial continues this afternoon
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Kellestine laments missing funerals
Sat, August 22, 2009
By JANE SIMS
An indignant Wayne Kellestine told one friend he had been denied attending his slain friends' funerals.
To another, he said the police had "the wrong people."
But while locked up in the Sarnia Jail a month after he was charged with eight counts of first-degree murder, Kellestine told his wife he "f---ed up bad."
Tina Fitzgerald hadn't been able to go home to their farm while police searched it for clues connected to the shootings of eight Toronto Bandido bikers and she wanted some answers from the police.
"Well . . . I got us all in trouble, didn't I?" Kellestine said on May 11, 2006.
Yesterday, the Superior Court jury at the Bandidos trial, listened to short segments of phone calls Kellestine made from jail in the weeks after his arrest.
Kellestine and five others have pleaded not guilty at a murder trial that has focused on the conflicts within the Bandidos motorcycle club and how the men were shot to death during a "patch pulling" to kick them out of the organization.
Kellestine told Fitzgerald he was a "goldfish" in a "bowl" at the jail after the charges in one of the biggest mass slayings in the province's history.
"I'm the most famous person this place ever had," he said.
"Well, it doesn't matter, fame or not," Fitzgerald replied. "It's not . . . right and it shouldn't of never happened and whatever happened, I don't know."
"I should have retired when I wanted to," Kellestine said.
In the six segments of intercepted calls, Kellestine's profanity-laced conversations attempted to steer the blame away from him and his friends who also had been charged.
"This . . . happening out there, he said to Gary Gauthier.
"And to add insult to injury, I didn't even get to go to my best friends' funerals, you know what I mean. It's like (unintelligible) add . . . salt to the wound, they charge me for it."
But the conversations with Fitzgerald reveal Kellestine's fears for his family and his desire they keep their stories straight.
"I threw you out the week before, 'member?" Kellestine asks his wife. "I threw you out of the house."
In another conversation, he tells her the same thing "that way there's nothing there to do with you."
Kellestine also spoke to Deborah Moore about co-accused Frank Mather.
"Tell him I love him with all my heart and soul and I'm sorry that he came to my place for a beer. He picked the wrong day to come out for a beer," he said.
He told Moore the police had been out to get him for a long time "and they're going to look like idiots on this."
"I like what Dave's father said, you know . . . He wants his son to go into hiding 'cause the real killers are still out there."
Kellestine also refers to the rival biker gang as "weasels". "You won't catch any Hell's Angels in London when I'm out," he said.
He called the dead men his "best friends." "What . . . would I gain from doing that. If anything I'd want them around. I mean, they're a buffer between me and, you know, other clubs."
The police, he said, had "tunnel vision . . . All they'll see is me and they'll miss the real picture."
"They're going to blame everything on me, even though I was nowhere around when it happened . . ."
The jury also heard police intercepts involving accused Dwight Mushey before his arrest in Winnipeg on June 15, 2006.
Mushey was busy recruiting members for the Winnipeg Bandido chapter.
There was evidence Mushey had lost touch with accused Michael Sandham, the chapter's president, while Sandham was supposed to be in Texas to meet with Bandidos international executive to pave the way for club expansion.
"I'm not the one in charge," he said to Jeff (Bones) Smith. "I'd do things a lot differently but, like I said, he's down there so he . . . better come back with . . . answers for everybody, that's all I got to say."
Four Winnipeg police officers also testified yesterday. Two of them described seeing Marcelo Aravena, 33, Mushey, 41, and a biker-turned-police informant M.H. in their Bandido vests a week before their arrests.
Det. Sgt. Dennis Peterson told the jury about arresting Mushey shortly after 10 p.m. on June 15, 2006.
Peterson said Mushey was "co-operative." Aravena was in his boxer shorts when the police came to arrest him, said Det. Sgt. Scott Halley.
He let the two Winnipeg police officers into the house where he lived with Mushey an hour after Mushey's arrest
The officers asked him to get dressed and followed him to the bedroom where he pulled on a T-shirt and shorts. Back in the living room, he bent down and kissed his dog, Harley, on the nose before he went outside with the officers to be arrested for eight counts of first-degree murder.
The trial continues Tuesday.
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BANDIDOS TRIAL: The former police officer said he wasn't at the scene of the murders of eight Toronto-area bikers
'I wasn't even there,' Sandham insists
The London Free Press
August 26, 2009
Just told he was charged with eight counts of first-degree murder, an agitated Michael Sandham said the police had it all wrong.
"That's bull----," the ex-police officer said while sitting in the back of a cruiser after he was arrested at his Winnipeg home on June 16, 2006.
Sandham sighed heavily at the charges. He was angry he was even being considered a suspect in the shooting two months earlier of eight Toronto-area Bandidos bikers a province away in Elgin County.
Six times he told the police, "I wasn't even there. "
Sandham, the jury heard yesterday at the Bandidos trial, was arrested at 6:30 a.m. by officers from the Winnipeg police emergency response unit.
Officers had thrown a hammer through his kitchen window before he was arrested.
OPP Det. Sgt. Bruce Aitken was tasked with arresting Sandham.
Aitken testified yesterday about the terse conversation after the arrest. He recorded what Sandham said to him and a Winnipeg police detective after he was given his rights to counsel.
Sandham, 39, who had once been a police officer in a small community outside Winnipeg, was president of the Manitoba Bandidos, a probationary chapter.
The jury has heard he and four other Winnipeg members had been at Wayne Kellestine's Dutton-Dunwich farm the night eight Toronto Bandidos were shot to death on April 8, 2006, during a "patch pulling" to kick the men out of the club.
There were simmering tensions between the Toronto club, whose members called themselves the No Surrender Crew, and the American headquarters. The Toronto chapter was also at odds with the Winnipeg chapter it was sponsoring.
In the cruiser, Sandham was asked if he wanted to call a lawyer.
"A hammer just got thrown through my window. I guess I want to call a lawyer. Should've knocked on the door," he said defiantly.
He told the officers he was upset because "my kids are being marched out" and he said with emphasis, "I wasn't even there."
Sandham was annoyed at how the police treated him during the arrest. He reminded them he had been a police officer.
"I was one of you guys, for crying out loud. You think I'm going to give you guys a hassle?"
The officers told Sandham they were "acting on information".
"What information? Did I have a bazooka in the house?" he asked incredulously.
Sandham said he didn't own a firearm and didn't have a criminal record.
Sandham sighed heavily in disgust a couple times during the exchange about the homicides in Ontario.
He denied he was a member of the Bandidos.
Sandham repeatedly told the officers they didn't have any grounds to arrest him because he wasn't at Kellestine's farm when the bikers were shot.
Through cross-examination by Sandham's lawyer, Donald Crawford, Aitken said Sandham's wife and two children were removed from the house and the wife was taken to the police station for questioning.
Also yesterday, DNA was the focus of testimony by forensic biologist Brian Peck, who discussed his conclusions concerning samples found at Kellestine's farm and at the Winnipeg home of Dwight Mushey and Marcelo Aravena.
Peck tested blood found on firearms found in a compartment under the microwave oven in the Kellestine kitchen.
One gun, a Mossberg and Sons .22 calibre rifle, had DNA that could be linked to five victims -- Frank Salerno, George Jessome, Jamie Flanz, Paul Sinopoli and George Kriarakis. Sinopoli's DNA profile was inside the barrel.
The gun, with a green strap, was identified by Crown star witness M.H. as the firearm Kellestine was using.
More blood was found on a Hi Point .380 automatic pistol linked to three people, but only two could be identified -- Sinopoli and Michael Trotta.
DNA similar to victims Luis Raposo and Flanz was found on a sawed-off shotgun.
Jessome's profile was in blood on the butt of a black shotgun the jury has heard was carried by M.H.
Blood found in the barn on a carpet, on a coffee table, in a flower pot and on a wooden step inside the door and outside on piece of wood was linked to victim Luis Raposo.
Blood in a footprint in the barn was linked to Salerno.
Elgin County Crown attorney Kevin Gowdey told the jury it should be the last week of Crown evidence.
The marathon case began on March 31.
The trial continues today.
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Guns, guns, guns found at Kellestine farm, jury hears
Wed, August 26, 2009
Guns hidden in a secret compartment in the kitchen.
Guns tucked into the basement duct work.
A gun shoved into the rafters of the covered front porch.
Today, the Bandidos trial jury heard about an arsenal of firearms discovered by the police during a search of Wayne Kellestine's farm in Dutton-Dunwich southwest of London.
There were so many firearms, pieces of firearms and ammunition described by OPP Det. Const. Ross Stuart, the lead identification officer, it was easy to lose count.
Some of the firearms have been identified earlier as weapons that had DNA on them from some of the eight dead Toronto-area Bandidos found shot to death near Shedden on April 8, 2006.
Six men have pleaded not guilty to first-degree murder -- Kellestine, 60, and Frank Mather, 35, of Dutton-Dunwich; Brett Gardiner, 25, of no fixed address; and Michael Sandham, 39, Marcelo Aravena, 33, and Dwight Mushey, 41, of Winnipeg.
The shooting victims were all members of the Toronto chapter of the Bandidos motorcycle club.
The Toronto chapter doubled as Bandidos Canada and the group called themselves the No Surrender Crew.
The jury has heard the men were shot during a "patch pulling" at Kellestine's farm to kick them out of the worldwide organization.
The Toronto group was feuding with the Manitoba probationary chapter it was sponsoring. There were also simmering tensions between the Toronto chapter and the international headquarters based in the United States.
George (Pony) Jessome, 52, George (Crash) Kriarakis, 28, Bandidos Canada national president John (Boxer) Muscedere, 48, Luis (Chopper) Raposo, 41, Toronto chapter president Frank (Bam Bam) Salerno, 43, Paul (Big Paulie) Sinopoli, 30, Jamie (Goldberg) Flanz, 37, and Michael (Little Mikey) Trotta, 31 were found shot to death and their bodies left abandoned in cars left on Stafford Line in Elgin County.
Most of the 17 firearms were found in a cupboard under the microwave in Kellestine's kitchen that could only be hidden if the appliance was removed.
Police found a small hole in the wooden lid. The guns were inside the cupboard, many of them disassembled.
They included:
*a Mossberg and Sons .22 calibre rifle with a green strap.
*a Hi Point .380 automatic pistol.
*a Cooey Model 64 .22 calibre rifle.
*two Remington Wingmaster model 870 shotguns.
*a Remington model 812 shotgun.
*a Springfield Arms single shot shotgun.
*a Maverick Arms 12 gauge shotgun that was still loaded with four rounds.
*a Savage model 930 level action rifle that was sawed off.
*an L Stevens double-barreled shotgun.
*a Remington sawed-off 12 gauge shotgun.
Stuart also showed photographs of various ammunition and magazines that were found in two white plastic shopping bags in the compartment.
Stuart said two other guns were found in the duct work on the ceiling of the cluttered basement workshop - two Lee Enfield .303 calibre rifles, one of them partially disassembled.
A collection of gun parts was found on the workbench.
Stuart told the jury he was given specific instructions on April 19, 2006, to look for a gun under the shingles of the covered porch.
He found one in the rafters - an FN 7.62 rifle.
A Mauser model 1932 pistol was found wrapped in a towel in the garage. The towel "had a strong scent of cleaner."
A Kombat K imitation pistol was found wrapped in a towel and stuck inside box of frozen hamburgers.
And police discovered a piece of a sawed-off shotgun barrel in the shed.
Stuart reviewed where various cartridges were found, both in the vehicles where the bodies were found and on the farm - specifically in the barn, in the barn loft, in the firepit outside, along the laneway and in the grass.
Stuart described returning to the barn on Jan.13, 2007, to investigate suggestions made at the lengthy preliminary hearing regarding a shotgun blast.
Police found a shotgun spray pattern in the loft's wall.
Stuart and a firearms expert did a "trajectory analysis" almost two months later and discovered a portion of a copper bullet jacket on a small ledge in the main room of the barn.
Cross-examination by the defence ended earlier this morning of Brian Peck, a forensic biologist at the Centre for Forensic Sciences.
The trial continues this afternoon.
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Guns stashed behind microwave
Thu, August 27, 2009
It took police probing the slayings of eight bikers six weeks to find the arms haul at Wayne Kellestine's farm
The search of Wayne Kellestine's farm turned up a mountain of evidence, but after six weeks at the property police were still missing their 'smoking guns.'
The work began April 10, 2006, two days after eight Bandido bikers were found shot to death 14 kilometres from the Elgin County farm.
Police had found some guns, but couldn't locate two critical firearms a ballistic expert believed were used in the shootings.
Yesterday, OPP Det. Cons. Ross Stuart, the lead identification officer, told the Superior Court jury at the Bandidos murder trial that after May 9, 2006, the hunt was on for a .22-calibre Cooey rifle and a .380 automatic handgun.
Stuart said police used gun dogs to sniff out the firearms and called in other investigators with "fresh eyes" to look over the search.
They searched the attic, the soffits and the septic system. They tried ground-penetrating radar to try to detect if the guns were buried.
On May 24, 2006, while officers from the wiretap branch were installing a system in the kitchen, they made a surprising discovery -- the microwave compartment was cut into the cabinetry. When officers removed the oven, they found a tiny hole on the shelf. And when the shelf was pulled open, there was a stash of guns inside.
Most of the 17 firearms Stuart described were found there:
A Mossberg and Sons .22-calibre rifle with a green strap.
A Hi Point .380 automatic pistol.
A Cooey Model 64 .22-calibre rifle.
Two Remington Wingmaster model 870 shotguns.
A Remington model 812 shotgun.
A Springfield Arms single-shot shotgun.
A Maverick Arms 12-gauge shotgun, loaded with four rounds.
A Savage model 930 level action rifle, sawed off.
An L Stevens double-barreled shotgun.
A Remington sawed-off, 12-gauge shotgun.
Stuart also showed photographs of various ammunition and magazines found in two white plastic shopping bags in the compartment.
Stuart said two more guns were found in the ceiling ductwork of the cluttered basement workshop -- two Lee Enfield .303 calibre rifles, one partially disassembled.
A collection of gun parts was found on a workbench.
Stuart told the jury he had found another gun earlier in the search. He said he was given specific instructions on April 19, 2006, to look for a gun under the shingles of the covered porch.
He found one in the rafters -- an FN 7.62 rifle.
A Mauser model 1932 pistol was found wrapped in a towel in the garage. The towel "had a strong scent of cleaner"
A Kombat K imitation pistol was found wrapped in a towel and stuck inside an Our Compliments brand frozen hamburger box.
And police discovered a piece of a sawed-off shotgun barrel in the shed.
Stuart reviewed where various cartridges were found, both in the vehicles where the bodies were found and on the farm -- specifically in the barn, in the barn loft, along the laneway and in the grass.
Fifteen cartridges were in a fire pit near the barn.
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Projectiles and cartridges match guns, Bandidos jury hears
Thu, August 27, 2009
By JANE SIMS, LONDON FREE PRESS
Of all the guns in Wayne Kellestine's arsenal, the Mossberg .22 calibre rifle with the green strap and the Hi-Point 380 auto pistol appear to have been the most deadly.
This morning, a gun and ballistics expert told the jury at the Bandido trial he examined 16 firearms seized from Kellestine's Dutton-Dunwich farm and found the two guns matched projectiles and cartridges found after eight Toronto area bikers were shot to death on April 8, 2006.
Their bodies were found stuffed in vehicles and left abandoned on a rural Elgin County road 14 kilmoetres from the Kellestine property.
Wayne Arendse said projectiles from the Mossberg .22 were found in John (Boxer) Mucedere and George (Crash) Kriarakis. Projectiles found in George (Pony) Jessome could not be conclusively identified as coming from the Mossbert, but could not be eliminated.
Projectiles matched to the Hi-Point pistol were linked to Paul (Big Paulie) Sinopoli, Michael (Little Mikey) Trotta and Jamie (Goldberg) Flanz.
Frank (Bam Bam) Salerno had projectiles from both guns.
Arendse said Mossberg cartridges were found in the back of Raposo's Volkswagen Golf, beside Jessome in the rear seat of the tow truck, in the back of Flanz's Infinti SUV, on the Kellestine barn floor in the outdoor fire pit, near the gate by the house and on the grass beside the laneway.
Hi-Point cartridges were left in the back of the Infiniti and in Trotta's rented Pontiac Grand Prix.
Arendse also discussed the wounds to Luis (Chopper) Raposo, the victim believed to be the first to die inside the barn.
Raposo died from chest and neck wounds after the Crown says he was shot by accused Michael Sandham from the barn loft. He also had his middle finger amputated, had a graze wound on his arm and the stock of his gun shattered.
Sandham was carrying a Lee Enfield .303 rifle and a shotgun, the jury has head.
A used .303 cartridge was found in the loft, along with shotgun spray on a wooden beam under the loft that likely came from a sawed-off shotgun used by Raposo.
A distorted copper jacket similar to rifle ammunition was found on a ledge behind where Raposo would have been standing.
Assistant Crown attorney Brian White asked Arendse if one .303 projectile could have caused all the injuries.
Arendse said it was possible that after the bullet shattered Raposo's finger and gun stock, it could have separated into two projectiles — the copper jacket and the lead core.
He agreed the lead could have fragmented and entered Raposo's chest. His findings were that there was evidence of a single projectile, not a blast from a shotgun, based on the pieces taken from Raposo's body.
Arendse is back in the witness box this afternoon.
The Crown's case surrounds the internal conflicts of the Canadian Bandidos motorcycle club.
The Bandidos are one of the largest biker organizations in the world, with its international executive based in the United States.
Bandidos Canada also doubled as the Toronto chapter, with separate executive structures governing each division.
They were also sponsoring a fledgling probationary chapter in Manitoba.
But Bandidos Canada had fallen out of favour with its American masters because of a lack of communication and payment of dues.
The Americans announced the Canadians were out of the club, sparking a frantic attempt to salvage something by an ambitious Winnipeg group and Kellestine, a Toronto member who had been frozen out of many of the Toronto activities.
Kellestine was promised a national presidency if he would "pull the patches" of the Toronto group, a term that in the biker world means kicking them out of the club.
The Winnipeg chapter arrived unannounced at Kellestine's weeks after the order had been made, to help Kellestine kick out the Toronto group.
Two weeks later, Kellestine lured the Toronto chapter to his farm for "church" - a biker meeting.
By the next morning, eight men had been shot to death and their bodies left in vehicles along a rural road near Shedden 14 kilometres from the Kellestine farm.
The Winnipeg men headed back to Manitoba just as day broke and not long before the grisly discovery was made by locals, according to testimony from Crown witness M.H.
Six men have pleaded not guilty to first-degree murder — Kellestine, 60, and Frank Mather, 35, of Dutton-Dunwich; Brett Gardiner, 25, of no fixed address; and Michael Sandham, 39, Marcelo Aravena, 33, and Dwight Mushey, 41, of Winnipeg.
The shooting victims were George Jessome, 52, George Kriarakis, 28, Bandidos Canada president John Muscedere, 48, Luis Raposo, 41, Toronto chapter president Frank Salerno, 43, Paul Sinopoli, 30, Jamie Flanz, 37, and Michael Trotta, 31.
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Crown matches bullets to victims
Fri, August 28, 2009
BANDIDOS TRIAL: Final day of Crown evidence
By JANE SIMS
The end of the Crown's evidence went out with a bang.
The jury was told yesterday on the last day of Crown evidence that of all the guns in Wayne Kellestine's farmhouse arsenal, the Mossberg .22-calibre rifle with the green strap and the black and silver Hi-Point 380 auto pistol were the most deadly.
Bandidos national president John (Boxer) Mucedere and George (Crash) Kriarakis both had projectiles pulled from their bodies that were fired from the .22.
Other pieces of lead in both of them and their biker brother George (Pony) Jessome couldn't be conclusively matched to the .22,, but the gun couldn't be excluded either.
Projectiles from the Hi-Point pistol were linked to Paul (Big Paulie) Sinopoli, and Jamie (Goldberg) Flanz. A Hi-Point projectile was found in the body bag that carried Michael (Little Mikey) Trotta -- it had travelled through his head and out his cheek.
Frank (Bam Bam) Salerno had projectiles in his head from both guns.
Yesterday, the jury at the Bandidos murder trial heard the Crown's final witness, Wayne Arendse, a gun and ballistics expert from the Centre of Forensic Sciences describe his findings after examining 16 guns from the Kellestine Dutton-Dunwich farm and the projectiles and cartridges collected during the investigation in the weeks after eight Toronto area bikers were found shot to death on April 8, 2006.
Their bodies were found stuffed in four vehicles and left abandoned on a rural road near Shedden, 14 kilometres from the Kellestine property.
Along with matching the bullets to the dead men, Arendse said Mossberg cartridges were found in the back of Raposo's Volkswagen Golf, beside Jessome in the rear seat of the tow truck, in the back of Flanz's Infinti SUV, on the Kellestine barn floor, in the outdoor fire pit, near the gate by the house and on the grass beside the laneway.
Hi-Point cartridges were discovered in back of the Infiniti and in Trotta's rented Pontiac Grand Prix.
By the end of the day, two tiny lead fragments known to the court as Item 17-1 and 17-2 became a focus of both the Crown and defence.
How they ended up in Luis (Chopper) Raposo's chest has been a contentious issue at the Bandidos trial since it began five months ago.
Raposo is believed to be the first to die inside the barn. He also had his middle finger shot off, had a graze wound on his arm and the wooden stock of his double-barrelled sawed-off shotgun shattered.
The Crown's theory is they are fragments from a .303 rifle projectile shot by accused Michael Sandham.
At the end of the day, Elgin County Crown attorney Kevin Gowdey stood to address the jury.
"Your Honour, ladies and gentlemen of the jury, the Crown rests its case."
The jury will be on a break until Sept. 8 to allow the lawyers to discuss some legal issues.
Superior Court Justice Thomas Heeney told the jury when they return "we will move into the next phase of the trial."
BY THE NUMBERS
Facts and figures about the Crown's case:
Trial days: 58
Witnesses: 71
Longest a witness spent in the box: 14 days
Longest jury break: Three weeks
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Accused in Bandidos slayings had different levels of authority, defence lawyer suggests
Tues, September 8, 2009
London, Ont. -- The six men accused of killing eight of their Bandido biker colleagues in April 2006 had very different levels of authority within the organization, a defence lawyer suggested yesterday to the key Crown witness.
“You were the top of the food chain,” said Tony Bryant to the former Bandido turned police informant who can be identified only as M.H. because he is in the witness protection program.
Mr. Bryant, who represents Marcello Aravena, told M.H. that he and defendants Wayne Kellestine, Dwight Mushey and Michael Sandham, were the only people who could give orders the night that eight members of the Toronto chapter were killed in a barn just west of London, Ontario.
M.H., a former sergeant-at-arms in the Winnipeg chapter, has played down his seniority during his testimony at the Ontario Superior Court trial.
But he agreed that Mr. Kellestine “was making the decisions” that night and could be seen consulting on more than one occasion with Mr. Mushey and Mr. Sandham, the president of the Winnipeg chapter of the Bandidos.
In contrast, Mr. Aravena, Brett Gardiner and Frank Mather were initially told to stay in the house on the farm owned by Mr. Kellestine and monitor the police scanner, after members of the Toronto chapter arrived for a meeting in the barn at the property.
All six men are facing eight counts of first-degree murder for their alleged roles in the execution-style killings during a meeting that was called originally to carry out orders from Bandidos in the United States to “pull the patches” (remove memberships) of the Toronto-based bikers. M.H. has been granted complete immunity in exchange for his testimony.
M.H. has testified that he witnessed Mr. Kellestine kill one person and believes he may have shot six of the Toronto Bandidos. Mr. Mushey and Mr. Sandham have been directly implicated in two of the deaths.
The other three defendants were either guarding the Toronto Bandidos after a brief shootout in the barn, or they were part of the cleanup, M.H. has testified.
The jury has heard that Mr. Gardiner, who has the nickname “Bull” and Mr. Aravena were often the target of jokes within the Bandidos.
Mr. Gardiner once went outside to search for a pickle tree, because Mr. Kellestine said he wanted pickles.
“They were hauling water,” and performing other chores, explained M.H. “Bull was doing most of the hauling. Marcello’s lazy,” the witness added.
M.H. agreed during cross-examination that there was no clear plan in advance to kill the Toronto Bandidos.
While M.H. was outside the barn when the initial shootout took place, the jury has heard that Toronto member Luis “Chopper” Raposo may have fired first and then was wounded by Mr. Sandham.
Mr. Raposo died from his injuries and was carried out in a blanket.
For the next few hours the other Toronto Bandidos were held at gunpoint, with Mr. Kellestine at various points promising them they would not be harmed as long as they gave up their patches. The bikers were also offered water and cigarettes.
What remains unclear is why Mr. Kellestine is alleged to have changed his mind and ordered the bikers outside one after the other to be executed.
“It was kind of fluid,” suggested Mr. Bryant.
“Yeah,” responded M.H., who testified that he never spoke to anyone during this crucial time period about what was going to happen next.
Mr. Bryant is expected to conclude his cross-examination on Thursday. M.H., who has already testified for nine days, will then be cross-examined by lawyers for Mr. Gardiner, Mr. Mushey and Mr. Kellestine.
The eight shooting victims were Mr. Raposo, George Kriarakis, George Jessome, John Muscedere, Frank Salerno, Paul Sinopoli, Jamie Flanz and Michael Trotta.
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Ex-cop accused of murder testifies in Bandidos trial
Wed, September 9, 2009
Michael Sandham says he couldn't even shoot a frightened rabbit
By JANE SIMS AND KATE DUBINSKI
Michael Sandham made the decision to hide in the loft of Wayne Kellestine's barn — and he regrets it.
He hid there and listened with an unloaded .303 rifle beside him, he said, to the members of the Toronto Bandidos chapter talk about guns and murder before all hell broke loose inside the barn on April 8, 2006.
Sandham, 39, an ex-police officer-turned-biker charged with eight counts of first degree murder and testifying at the Bandidos trial in his own defence, said he concealed himself while the eight men who were about to die assembled in the barn.
He said he heard Jamie Flanz admire the sawed-off shotgun Luis (Chopper) Raposo had with him.
"That's for Taz (Sandham's nickname) when he comes through the door," Raposo said. "That f---ing pig. I'm going to put a hole in him."
Sandham, who portrayed himself as a peacemaker, a negotiator and a gun-hater this morning at the trial, began to tell his version of what led to the shooting deaths of eight Bandidos.
And his take of the events is far different than what was described by Crown star witness M.H., who was also at the farm the night of the killings.
Several times yesterday, some of the other accused men rolled their eyes and shook their heads at what Sandham said.
His lawyer, Donald Crawford told the jury Sandham would "give a real picture of what really happened."
When Sandham was recalling Chopper's ominous words, he broke down in the witness box.
He said he realized he was cornered. There was no way out of the loft.
"I started to think about what I'm going to do," his voice breaking.
"I just started to think about my daughter. I started to think I'm never going to see her again."
Sandham said he thought he was going to be killed.
"I thought I was going to get shot by Chopper," he said. "And that I might have to shoot somebody to get out of there."
He said he heard the Toronto men discussing the killing of Keswick drug dealer Shaun Douse "in Jamie's home," he said.
John (Boxer) Muscedere," Bandidos Canada national president said Douse "definitely didn't die like a man because he wasn't a man anymore."
"I thought, 'I'm surrounded by a bunch of killers," Sandham said.
Over the next 30 minutes, he waited in hiding, until the final two Toronto men arrived. He heard Kellestine say Sandham and Marcelo Aravena were staying at a nearby motel and he would call them.
Kellestine served the men drinks, then Sandham heard him say "Come on guys. Let's go," several times.
He said Kellestine returned with Dwight Mushey and M.H. with guns drawn.
Sandham put different guns in his fellow Winnipeg bikers hands. And he said all the Toronto men had guns too.
Sandham, who was wearing a "ratty" bullet-proof vest he always wore when he sensed trouble, popped out of his hiding place.
"I'm concerned for people's safety and mine," he said.
Sandham said Raposo saw him, grabbed his gun out of a rolled up carpet and pointed it at Sandham.
Sandham had the gun resting on a ledge toward Raposo.
"I started screaming at him 'Put the gun down. We're just here to talk."
"He's just grinning and ignoring me," he said before Raposo shot at him. Sandham said he could feel the warmth of the gun and "the gases in my face" as it was shot at him.
Sandham backtracked and added he loaded his bolt-action gun quickly, after rehearsing how in his head while waiting in the loft.
The shot from Raposo's gun hit him. "I flinched and BOOM," he said.
His rifle had discharged.
Sandham said M.H. fired a "duck gun" he was holding, shocking Kellestine, who fired his gun and grazed Paul Sinopoli's leg.
He said Kellestine then yelled for everyone to stop shooting.
It was Kellestine, Sandham said, who was orchestrating the events, although none of the intitial plan had come from him. '
Sandham said the orders came from El Presidente himself, who sent them to Sandham and Kellestine during a meeting in British Columbia.
The international sergeant-at-arms, known as Mongo, met the two Canadian Bandios a couple moths after the international biker organization ordered that Canada was finished.
Another Canadian Bandido, David Weiche, originally from the London-area was there as well, Sandham said.
Sandham said he went to the meeting to "patch things up." Instead, the order was to "murder Boxer and Bam Bam (Toronto chapter president Frank Salerno).
El Presidente, they were told, "was very upset" because of a lack of communication between Toronto and him.
He had appointed George (Crash Kriarakis as president, but Muscedere overruled him.
Sandham said that was "a huge slap in the face."
Sandham said he was in "disbelief" and "shocked" when he heard the order.
Kellestine was given the duty, but told Sandham later he wasn't going to let the United States push him around.
But the patches were not pulled and the fledgling Winnipeg chapter was sent to find out why.
So they went to the farm in Elgin County and lived for two week with Kellestine's bizarre behaviour and "dark sense of humour."
Sandham said Kellestine had the others believing there would be blood.
He brought out guns, a warfare suit, dressed in camoflague and ordered the others around with military precision.
Once, sandham said, he was in the house playing Battleship on the computer, and went outside to hear the others talk about "murdering Chopper and Boxer and cut them into little pieces."
Mushey was particularly exicited about this, Sandham said. "He actually had goosebumps on his arm."
"Look at my arm, I've fantasized all my life about this," he said.
Sandham said he talked to Kellestine, who admitted he was "putting on a show for the new guys."
"No blood will be spilled on my property," he told the others.
Sandham portrayed himself as a pacifist, who didn't like guns. Once, while the rest wanted to shoot off shotguns in Kellestine's woodlot, a rabbit appeared after M.H. stepped on a log.
While the others wanted him to shoot it, he couldn't.
There were other surprises in Sandham's testimony:
- He was born in Ottawa and his parents are in British Columbia. He is married with two children, "but technically I have four."
- He started seminary training in college before joining the Canadian Armed Force. He worked in security, Corps of Commisionaires handing out parking tickets in Winnipeg, then trained to be a police officer.
- He said while he was tops in his firearms class at police training, "It's not I'm the greatest marksman in the world. There are techniques used.
- He said while he has a lot of triaining in some firearms, he has "no clue" how to take apart a shotgun and no experience with a .303.
Sandham is back in the witness box this afternoon.
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Helpless to stop the massacre, Bandidos defendant says
Wednesday, September 09, 2009
LONDON -- A co-defendant in the Bandidos murder trial insisted he was helpless to stop the massacre of eight of his Toronto-based colleagues on a farm in southwestern Ontario in April 2006.
"What was I supposed to do? I was in shock," testified Michael Sandham, who broke down several times during his first day of testimony in his own defence at the Ontario Superior Court trial. "I did not do anything. I just sucked it up and pretended I did not have a problem with it," the witness stated.
Mr. Sandham, 39, testified that Wayne Kellestine admitted to killing four of his Toronto colleagues that night, after maintaining he was just taking them outside to vehicles "to secure them" before driving the fellow bikers back home after stripping them of their Bandidos memberships.
Instead the bikers were shot and their bodies later stuffed into vehicles that were abandoned in a field about 20 kilometres from the farm owned by Mr. Kellestine.
Dwight Mushey killed three of the Bandidos, testified Mr. Sandham, who admitted to fatally shooting Toronto-member Luis "Chopper" Raposo, but said it was in self defence.
Mr. Sandham, Mr. Mushey, Mr. Kellestine, Frank Mather, Brett Gardiner and Marcello Aravena are on trial, each facing eight counts of first-degree murder.
The jury has heard that Mr. Sandham and four other Winnipeg Bandidos were summoned to the farm by Mr. Kellestine to assist in "pulling the patches" of their Toronto colleagues and strip them of their memberships.
The action was ordered by senior Bandidos in the United States because of an ongoing dispute with the Toronto chapter, which would leave Mr. Kellestine as the new president of the biker gang in Canada.
According to Mr. Sandham, there was discussion two days before the shootings about killing two of the Toronto bikers-Luis "Chopper" Raposo and John "Boxer" Muscedere. "Dwight Mushey was very excited about that. He had goosebumps. He said he dreamed about that all of his life," testified Mr. Sandham.
The witness stated that he convinced Mr. Mushey and a former Bandido turned police informant who can be identified only as M.H., that there should be no violence.
"I tried to talk sense into them," said Mr. Sandham, who added that he was assured by Mr. Kellestine that no one would be hurt and nothing more would happen than to pull the patches of the Toronto members.
When the Toronto Bandidos arrived at the farm, Mr. Sandham was hiding in the loft of its barn, armed with a shotgun, under orders from Mr. Kellestine. The witness said this was for "deterrence" and not because of any plan to kill the fellow bikers.
Inside the barn there was discussion by Mr. Raposo of his desire to kill Mr. Sandham, the witness stated.
"I thought I might have to shoot someone to get out of there," stated an emotional Mr. Sandham, clean shaven and dressed in a dark suit, attempting to appear more the former police officer than biker in the witness box.
There was confusion when M.H. and Dwight Mushey entered the barn, armed with rifles, said Mr. Sandham.
The two men along with Mr. Kellestine "drew down" and pointed their weapons at the Toronto Bandidos, said the witness.
"I popped up. I was concerned for people's safety. As soon as Chopper saw me, he pulls out his shotgun. I put out my hand and said stop. We are here to talk. But he starts grinning and shoots at me," said Mr. Sandham.
While he felt the "warmth of the gun" he was not injured because of a bullet proof vest he was wearing, said the witness. But as he "flinched" from the shots, his own rifle went off accidentally and the shot fatally wounded Mr. Raposo, said Mr. Sandham.
Mr. Kellestine was portrayed as an eccentric criminal who collected decrepit military paraphernalia, was involved in cigarette smuggling and who liked to shock people. "Wayne would do anything for a laugh," said Mr. Sandham as he spoke of an incident where Mr. Kellestine chewed on dried deer feces while they were out hunting.
The cross-examination of Mr. Sandham by lawyers for his co-defendants is expected to begin Thursday.
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Manitoban charged in biker slayings hoped to be informant
Thursday, September 10, 2009
A former Manitoba police officer charged with first-degree murder testified in Ontario Superior Court Thursday that he joined a notorious biker gang with the hopes of becoming a police informant.
In his second day of testimony at the Bandidos biker trial in London, Ont., Michael Sandham spoke up in his own defence.
Sandham is one of six alleged members of the Bandidos motorcycle gang accused of killing eight Bandidos members and associates from the Toronto area. All six have pleaded not guilty to eight counts of first-degree murder.
The mass killing, which the Crown alleges was an internal cleansing motivated by a dispute between the Winnipeg and Toronto chapters of the gang, is one of the worst in Ontario's history.
The bodies of eight men were discovered April 8, 2006, not far from the community of Shedden, Ont.
The victims were shot in the head execution-style and stuffed in various abandoned vehicles.
The six men charged with first-degree murder are:
* Wayne Kellestine, 59
* Michael Sandham, 39
* Dwight Mushey, 41
* Frank Mather, 35
* Brett Gardiner, 25
* Marcelo Aravena, 32
The shooting victims are:
* George Jessome, 52
* George Kriarakis, 28
* John Muscedere, 48
* Luis Raposo, 41
* Frank Salerno, 43
* Paul Sinopoli, 30
* Jamie Flanz, 37
* Michael Trotta, 31
Sandham testified Thursday that one of the six defendants on trial asked him to drive one of the vehicles away from the scene, but he refused —despite the suspicion it could have raised about his past as a police officer.
"There was no way I was getting in one of those vehicles," Sandham told the court.
70 witnesses in 2 months
Sandham spent much of his time in the witness box talking about his desires to infiltrate the highest ranks of the biker world. Police allege he was the leader of the Winnipeg chapter of the Bandidos.
Sandham said he figured if he could get deeply involved with the club, he could become a police agent.
Becoming a police informant would require getting arrested on a minor charge and then approaching investigators with the idea of becoming an informant, Sandham said. Since he was a former officer turned biker, he figured it would only be a matter of time before this happened, he said.
Thursday was just the second day of defence testimony in a trial that has already heard from more than 70 witnesses in two months.
One of the witnesses who has attracted the most attention is a former member of the Winnipeg-based Bandidos turned police informant. The witness, identified only as M.H. because he is now in a witness protection program, testified in July about a growing struggle between the Winnipeg and Toronto chapters.
M.H. testified that in the days prior to the killings, he, Sandham and two of the other defendants, fellow Winnipeg chapter members Dwight Mushey and Marcelo Aravena, travelled to a farm near Shedden to meet with defendant Wayne Kellestine. M.H. described Kellestine as a disgruntled member of the Toronto chapter who was sympathetic to the Winnipeg Bandidos' cause.
M.H. told the court that tension between the two chapters was growing around the time of the deaths because the Winnipeg members thought the Toronto Bandidos were trying to prevent them from becoming full-patch members of the gang.
On April 7, 2006, the night the killings allegedly took place, Kellestine had arranged a meeting at his farm between the Toronto Bandidos and the visiting Winnipeg members.
Sandham previously testified he overheard Kellestine, Mushey and M.H. talking about "murdering" two of the Toronto men and "cutting them up into little pieces." Sandham said he confronted Kellestine, who brushed it off as a joke.
Broke down crying
Sandham, who was also in the military for three years, broke down weeping on the stand Wednesday — for the first of what would be many times during his testimony — as he discussed his fear for his life on the night he and the others allegedly killed the victims.
"I started to think about my daughter," he said, noting earlier in testimony that he "technically" has four children, though he didn't elaborate.
"I thought I was going to get killed … that I might have to shoot somebody to get out of there."
When Sandham, Mushey and M.H. popped out of the places where they had been hiding, one of the Toronto men, Raposo, reached for a gun and despite Sandham's screams to stop, Raposo, "grinning," shot him, Sandham said.
Sandham was wearing a bulletproof vest, but when the shot hit him. he "flinched," causing his gun to go off and shoot Raposo, he said. M.H. then fired, which caused Kellestine to "flinch" and shoot as well, Sandham said.
Pool of blood
Raposo would die in a pool of blood on the barn floor. Then Kellestine, who Sandham called "a man to be feared," said the remaining seven men would be driven back to Toronto, more than two hours away, Sandham said.
"Everybody thought they were going home," he said.
Kellestine then began to lead the men out one by one. After three left and never returned, Sandham said he went outside because the sight of Raposo started to make him sick. That's when he saw Kellestine shoot one of the men, Frank Salerno.
"I was in shock," Sandham said. "I was just like: he's shooting everybody."
He considered shooting Kellestine, running away or phoning the police but did nothing, Sandham said, sniffling.
Then Mushey asked Kellestine to "do" the next two men, leaving only one — Flanz — Sandham said.
Kellestine told Sandham, "Me and Dwight want you to do Jamie," Sandham testified.
When he refused, Kellestine responded that he already killed four men and Mushey already killed two.
"If you don't like it, get in one of the cars, and I'll be right with you," Sandham recalled Kellestine telling him.
When Kellestine wasn't looking, Mushey shot Flanz for Sandham, saying, "You owe me one," Sandham testified.
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Ex-cop expected to return to stand in Bandidos trial
Thu, September 10, 2009
By JANE SIMS, LONDON FREE PRESS
Ex-cop Michael Sandham is expected to return to the witness box this morning for a second day of testimony in his own defence.
The Winnipeg man who was the president of the probationary chapter of the Bandidos motorcycle club began his dramatic testimony yesterday, offering up a distinctly different version than what the jury has already heard about what happened at Wayne Kellestine's farm on April 8, 2006.
Eight members of the Bandidos Toronto chapter, which also doubled as the national chapter, were found shot to death and stuffed in vehicles left abandoned 14 kilometres away from the farm on a rural Elgin County road near Shedden.
The jury has heard from the Crown's star witness M.H., another ex-Bandido biker tunred police informant who described Sandham as a controlling factor in the deaths.
But Sandham portrayed himself as an unwilling participant who never wanted guns or violence involved in the process of "pulling patches" and kicking the Toronto men out of the motorcycle club.
And he increased the participation of the rest of the accused — especially Kellestine and fellow Winnnipeg Bandido Dwight Mushey.
Several times yesterday, some of the other accused men rolled their eyes and shook their heads at what Sandham said.
Sandham said he was shocked when the order was given to he and Kellestine at a meeting in British Columbia from the American Bandidos to kill two high ranking Toronto bikers — Bandidos Canada president John (Boxer) Muscedere and Toronto chapter president Frank (Bam Bam) Salerno.
In exchange, Kellestine would be the national president of the club.
Kellestine promised Sandham quietly that he would not let the Americans "dictate to him."
But the Winnipegers went to Kellestine's farm weeks later to find out why the order had not been completed.
There, Sandham said they saw Kellestine's "dark sense of humour" and bizarre behaviour as he marched around in camoflague, gave out military-like orders, showed off by eating deer feces and talked of death and murder.
Sandham said he thought it was a joke and Kellestine told him he was "putting on a show."
But the others in his group, he said were more enthusiastic about the the prospect of shooting, espeically Mushey, he said. Sandham said he wasn't brave enough to shoot a rabbit in the woods when they were all out shooting.
The night of "church" when the bikers were to be assembled, there were guns already assembled and the Winnipeg Bandidos put on rubber gloves Sandham had in his "mobile" tattoo kit — a gym bag.
Sandham said he hid in the barn with an unloaded .303. He realized it was a mistake when he heard the Toronto Bandidos talk of killing him.
He said his gun "accidently" went off after Kellestine, Mushey, and MH stormed the barn with guns drawn. The Toronto men also had guns out.
Sandham said he jumped out of his hiding place, and yelled for everyone "put the guns down. We're here to talk."
Luis (Chopper) Raposo saw him, and aimed. Sandham had quickly loaded his gun and had it sitting on a ledge pointed at Raposo.
Raposo's shot hit Sandham in the chest on his bullet-proof vest. He said he flinched and his gun went off killing Raposo.
Kellestine took his gun, he said, and he never had a gun again for the rest of the night.
What he saw, he said frightened and disturbed him. He said the Toronto men were promised a ride home. Instead he saw or heard some of them being shot.
The rest of the men guarded the others, armed with guns.
Kellestine killed most of five of them , he said. Mushey volunteered to kill two more, he said.
Sandham said he was ordered to kill Jamie Flanz, but couldn't. Mushey finished the job.
Sandham left off yesterday telling the jury he did not tell Frank Mather there was a jerry can of gas for the empty tank in Flanz's SUV because he wasn't going to follow any of Kellestine's orders.
He still has to discuss the dumping of the bodies, the trip back to Winnipeg and the series of emails with senior level Bandidos.
Court opens at 10 a.m.
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Orders to kill the top Canadian Bandido bikers came from the top, accused ex-cop testifies
Thu, September 10, 2009
By JANE SIMS AND KATE DUBINSKI
The orders to kill the top Canadian Bandido biker brass came from the top ranking Bandido in the world, an ex-cop and former Bandido on trial testified this morning.
Michael Sandham, 39, testified that during a meeting on Canada-U.S. border with American Bandidos, the world sergeant-at-arms said El Presidente Jeff Pike, based in Texas wanted Bandidos Canada president John (Boxer) Muscedere and Toronto chapter president Frank (Bam Bam) Salerno killed.
That bombshell came during his second day of his testimony in defence of eight charges of first degree murder.
Sandham, and five others are on trial for the shooting deaths of eight Toronto-area Bandido bikers on April 8, 2006 near Shedden.
The sergeant-at-arms, known as Mongo told Sandham and Wayne Kellestine "we don't want to tell you what to do, but we want you to kill Boxer and Bam Bam.'
Sandham, who is charged with eight counts of first degree murder with five others including Kellestine, said he was "quite surprised."
Kellestine agreed to the order, Sandham said, and Mongo said he would take the message back to El Presidente.
Sandham said he was at the meeting to try re-establish communication lines with the Americans, who had ordered a couple months earlier that the Canadian Bandido operation was finished. He was there to be"bridging that gap and putting us back on the right track."
He had gone to Vancouver to meet Dave (Concrete Dave) Weiche, a Toronto Bandido originally from the London area who was living in B.C.
Weiche, sandham said, had been busted down to prospect status because he was communicating with the Americans. Sandham said Weiche was very critical of the Toronto chapter and wanted them removed from offices.
Sandham said Weiche suggested "a coup d'etat."
"I didn't know what that meant. It was making me uncomfotable."
He called Kellestine to come to Vancouver and a meeting was arranged with the Americans.
By the end of it, Sandham said, Kellestine had his orders and was also national president.
At a lunch after, Weiche declared himself vice-president, Sandham said.
Kellestine told sandham later he wasn't going to let the Americans "dictate" to him. He intended to pull Muscedere's patch only, without violence.
The order to go to Ontario, Sandham said, came from Weiche, who told Sandham to go to Toronto, follow the original order and don't tell Kellestine.
The order, sandham said, originated in the States.
Sandham said he liked Kellestine's idea better and decided he and the Winnipeg BAndidos would go to Kellestine's farm, tell him the Americans were upset and help him pull Muscedere's patch.
There was extra pressure to go because two Toronto bikers were on their way to Winnipeg and Sandham said he didn't know what they wanted.
Sandham said he joined the Bandidos with an eye to becoming a police agent.
"I got an idea in my head to infiltrate outlaw motorcycle clubs," he said during his testimony at the Bandido trial this morning.
Sandham said he thought it would be "a matter of time" once he got inside a motorcycle club that the police would come to him, citing his previous experience as a police officer.
He started e-mailing the Toronto club, specifically Frank (Cisco) Lenti, about signing on with the Bandidos.
"That's basically how it all started," Sandham said.
He told the jury he researched the Bandidos, reading books by biker expert Yves Lavigne — Into the Abyss and Taking Care of Business.
However, he had no bites from the police forces.
Sandham also testified to the aftermath of the killings and how he reluctantly took part in the parade of vehicles stuffed with bodies that were abandoned on a rural road near Shedden.
Sandham refused to drive any car with a body in it, but said he drove his own truck to pick up the others.
He said he considered driving to the Dutton OPP but was concerned for his family back in Winnipeg.
Sandham said he was crying and pounding the steering wheel while following the vehicles.
He maintained he was frightened and shocked by what had happened.
When Sandham said he was "thinking I should run for it" but was concerned about his family, a man's voice in the public gallery piped up.
"You didn't think about mine," the unidentified voice said.
Sandham also described the trip back to Winnipeg with three of the bikers and their stops along the way.
He said they all decided to keep their stories straight and went home.
The next day, Sandham said he got his car cleaned because it was filthy after four large men had taken the cross-province trek and eaten in his GMC Jimmy.
The trial continues tomorrow.
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The orders to kill Bandido bikers came from "El Presidente."
Fri, September 11, 2009
By JANE SIMS
Ex-cop Michael Sandham, on trial for eight counts of first-degree murder, testified yesterday that Jeff Pike, the world president or "El Presidente" of the Bandido motorcycle club, told him first-hand in a Houston, Tex., biker bar he had ordered the killing of Canadian Bandido biker brass.
That bombshell came during the second day of Sandham's testimony at the Bandido murder trial, where he continued to minimize his involvement in the shootings of eight Toronto-area bikers and proclaim shock and fear over the deaths.
While American involvement has been pointed out during the trial, Sandham's testimony was the first time Pike has been directly linked in testimony to the shooting of the eight bikers on April 8, 2006 at Wayne Kellestine's Southwestern Ontario farm.
The face-to-face meeting with Pike was almost two months after the killings and when Sandham, 39, portrayed during the trial as the president of the Winnipeg Bandidos, travelled to Houston to meet the head bikers.
Sandham testified he first heard Pike's order during a meeting at the Canada-U.S. border, in Peace Arch Park at White Rock, B.C. with American Bandidos in the weeks before the shootings, from the Bandidos World sergeant-at-arms named "Mongo".
Mongo told Sandham and Kellestine "'we don't want to tell you what to do, but this is what you're going to do. We want to you to kill Boxer (Bandidos Canada president John Muscedere) and Bam Bam (Toronto chapter president Frank Salerno),'" Sandham testified.
There had been growing tensions between the Americans and the Canadian chapters. In December 2005, the Americans declared the Canadian operations finished.
Sandham said he was at the meeting on the invitation of Dave (Concrete Dave) Weiche, a Toronto Bandido originally from the London area living in Vancouver. Sandham said in his mind he was "bridging that gap and putting us back on the right track" with the Americans.
But when he got to Vancouver, Weiche, who had been busted down to prospect status by the Toronto chapter for communicating with Washington state Bandidos, suggested "a coup d'etat" to get rid of the Canadian biker executives.
"I didn't know what that meant. It was making me uncomfortable," Sandham said.
Sandham said he called Kellestine because he was a senior officer in the club and a meeting was arranged with the Americans at the park.
By the end of it, Sandham said, Kellestine had agreed to the kill orders and was also named national president. Mongo said he would take the message back to El Presidente.
Weiche later declared himself vice-president, Sandham said.
Kellestine told Sandham later he wasn't going to let the Americans "dictate" to him and intended only to pull Muscedere's patch, without violence.
A few weeks after the meeting, Sandham said Weiche told him and the Winnipeg bikers to go to Muscedere's house in Toronto, follow the original order to kill him -- and not to tell Kellestine.
Sandham said he liked Kellestine's idea better and decided they would go to Kellestine's farm, in Elgin County, tell him the Americans were upset and help him pull Muscedere's patch, or club membership.
There was extra pressure to go, he said, because he knew two Toronto bikers were on their way to Winnipeg. He said he later found out they had orders from Muscedere to kill him.
After two weeks at the farm, and much to his horror, the eight men were shot to death. He reluctantly took part in disposing of the bodies and said he considered going to the Dutton OPP for help.
When Sandham said he was "thinking I should run for it" but was concerned about his family, a man's voice in the public gallery of the courtroom piped up.
"You didn't think about mine," the unidentified voice said.
Back in Winnipeg, Sandham said he knew he was under police watch but never went to the police with his story.
"I wanted to make sure everyone paid for what they did," he said.
He decided to "set up an illusion" he was "a somebody" in the Canadian Bandido world to get an invitation to the U.S. by the international Bandido leaders, through e-mails.
Once invited, he rode his motorcycle to Houston and was taken to a Bandido bar. He was strip-searched in the washroom by bikers known as Bandido Pervert and Scary Larry.
And Pike met him.
Sandham said he lied to Pike, telling him he had left Kellestine's farm before the killings. He told Pike bikers were sent to Winnipeg to kill him.
Sandham testified Pike said, "Orders are orders." Pike added that if he told a biker to urinate in the corner, "he better p--- in the corner."
Then Pike told Sandham he gave the original kill order for the top Canadian bikers, Sandham testified.
The meeting had gone well but the next day when he was supposed to meet them again, they never called.
The following day, Bandido Pervert contacted Sandham and said Ontario police had told him Sandham had been a police officer. The bikers would be checking.
"I got out of there. I thought someone was going to kill me."
A few days later, Sandham was arrested in Winnipeg.
Sandham told the jury he had joined the Bandidos with an eye to becoming a police agent and "to infiltrate outlaw motorcycle clubs."
Sandham said he thought it would only be "a matter of time" before the police would come to him, because he had been a police officer.
However, he had no bites from the police forces.
The trial continues today.
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More testimony from ex-cop, Bandidos member Michael Sandham
Fri, September 11, 2009
By JANE SIMS, LONDON FREE PRESS
It's day three in the witness box for ex-cop Michael Sandham and the first full day of cross-examination of him at the Bandido trial.
Yesterday, Frank Mather's lawyer, Robert Lockhart, began his questioning of Sandham after the former president of the probationary Manitoba Bandidos chapter finished his version of what happened at Wayne Kellestine's farm in Elgin County on April 8, 2006.
All five defence lawyers and the Crown will have a chance to cross-examine Sandham.
Sandham is one of six men on trial for eight counts of first degree murder in the shooting deaths of eight Toronto-area Bandidos bikers and the first to offer a defence.
And his story has been markedly different from what the jury has heard in the trial — particularly from the Crown's star witness, a former Winnipeg Bandido identified as M.H.
Sandham has told the jury he was concerned about the ordered "patch pulling" of the Toronto Bandidos that led up to the night of violence and he was shocked, scared and appalled by what happened the night the men were killed.
He said he shot Luis (Chopper) Raposo "accidentally" by flinching when a shot from Raposo's gun hit his bullet-proof vest. The flinch triggered a shot from the .303 rifle he had with him in the loft in Kellestine's barn.
He testified he never had a gun for the rest of the night — but said the others did. Kellestine and accused Dwight Mushey used theirs to kill, he said.
Sandham's account placed all the accused men in the barn with weapons. He said he would not kill victim Jamie Flanz when Kellestine ordered him too and Mushey stepped in to do the work.
He said he could not run or get help.
Sandham also levelled blame on a Toronto Bandido living in Vancouver, David (Concrete Dave) Weich, who is originally from the London area.
Sandham said Weiche orchestrated a meeting with the American Bandidos where an order was given to kill Bandidos Canada president John (Boxer) Muscedere and Toronto chapter president Frank (Bam Bam) Salerno.
And Sandham implicated the highest levels of Bandidos, testifying yesterday that "El Presidente," American Jeff Pike, the world leader of the motorcycle club, personally gave the original kill order.
Sandham, who was born in Ottawa and began his education in seminary school, eventually became a police officer with the East St. Paul police department near Winnipeg.
He has extensive training in firearms use, but told the jury he wasn't trained on some guns, including a .303 rifle.
He told the jury that he joined the Bandidos with an eye to infiltrating outlaw motorcycle clubs and becoming a police agent.
Sandham said he never went to the police with his version, but instead arranged a meeting with top Bandidos brass in Houston because he wanted to take down everyone involved in the original orders.
Court opens at 10 a.m.
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Ex-cop testifies he learned how to be a 1% biker on the Internet
Fri, September 11, 2009
By JANE SIMS AND KATE DUBINSKI
Ex-cop Michael Sandham swore he didn't want a deal when he gave his police statement — but he had hope.
Sandham, 39, one of six men on trial for eight counts of first degree murder, gave a six-hour police statement to the OPP six months after he was arrested in Winnipeg.
Before the statement, the interrogating officer reviewed a letter from his lawyer outlining his demands in exchange for his statement.
The letter said Sandham wanted all charges dropped, witness protection for him and his family or he was willing to go back undercover or go back into the military under a different name.
Sandham testified he was "surprised" the information was in the letter because he assumed the demands were private conversations between he and his lawyer.
Defence lawyer Christopher Hicks, who is cross-examining Sandham, reminded him he was given an opportunity to read the letter before it was given the police.
"I didn't read the letter," Sandham said.
This morning, Sandham said he made the six-hour statement on Dec. 29, 2006 "to do the right thing."
He was not looking for a deal, he insisted, but hoped after a full investigation of his story he would have options.
It was a confusing morning at the Bandido trial where Sandham entered his third day in the witness box.
Sandham has downplayed his involvement in the shooting of eight Toronto-area Bandidos and pointed the finger at his co-accused, the Crown's star witness and Bandidos south of the Canadian border.
But at times, the exchanges were perplexing.
Sandham was having trouble explaining whether the Manitoba bikers were a chapter or not.
Sandham, told Hicks he was not the president of a probationary Bandido chapter in Winnipeg as the jury has heard — he was just "acting" like one.
In a confusing exchange, Sandham said there really wasn't a probationary Bandido chapter in Manitoba because there weren't the required six probationary members.
No probationary charter status was ever issued by the sponsoring Toronto executive, he said.
And as a probationary member, Sandham said he didn't have any influence anyway.
But, he said, the Bandidos in Winnipeg decided they would act like a chapter anyway and he would be president.
The meetings he said, "were pretty loose" where they all got together and chatted.
"It sounds like a garden club," Hicks said.
Sandham said he didn't know how to be a 1% biker except from what he read on the Internet.
"So you just Googled 1%er?" Hicks asked.
"There's a lot of information there," Sandham said with a knowing nod.
Sandham said he flew out to Vancouver in the weeks before the shootings to salvage the Canadian Bandidos who were ordered to cease operations by the Americans in December 2005.
He went there on an invitation from Dave (Concrete Dave) Weiche, a Toronto Bandido originally from the London area who had been busted down to prospect member for communicating with the Americans in Washington State.
Weiche wanted an ally, he said.
Sandham said Weiche told the Americans that Sandham was the president of the probationary chapter in Winnipeg. "He basically threatened me to back up his story," he testified.
He disagreed with Hicks that he was "magically transformed" into a president in Winnipeg after the Vancouver meeting.
He said there was no conflict about money with the Toronto chapter before December, 2005 when the Americans ordered the Canadian operation finished.
The jury also heard that Sandham made three statements to police after his arrest. In his first after police picked him up, he said "I wasn't there" 223 times.
He made another statement to the OPP on Dec. 29, 2006 and again after the preliminary hearing.
There were signs of the stress between the legal teams in the courtroom.
Sandham's lawyer Donald Crawford stood to argue a legal point without the jury during Hicks' cross-examination.
Before the jury was out of the room, Hicks gave a page reference to the police statement.
"I don't need your help, Mr. Hicks," Crawford said.
"Oh yeah, you do," Hicks replied.
"Professional courtesy please," Superior Court Justice Thomas Heeney instructed.
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Cop-turned-biker claims he served as guard for princess who died in 1974
Tue, September 15, 2009
Ex-cop Michael Sandham boasted he guarded "Princess Patricia," a 50-something woman who would come inspect the Princess Patricia's Canadian Light Infantry when he was a member.
This morning, he was surprised to find out Princess Patricia died in 1974.
"I think you are thinking of a different Princess Patricia," Sandham — with a perplexed look on his face — said to defence lawyer moment Michael Moon.
"You're catching me a little off-guard. I'm going to have to do some checking."
It was another bizarre moment at the Bandidos trial with Sandham, one of six accused, back in the witness box and working hard to avoid straightforward answers to questions from laywers.
Moon produced a document already an exhibit at the trial that boasted Sandham's unique experiences to bolster his new security company.
Sandham had said he was a VIP-protection specialist and had guarded generals, other high-ranking military staff and former Prime Minister Brian Mulroney.
And Princess Patricia.
Sandham said he was told the 'princess' he guarded — as secondary protection, he noted — was not from Great Britain.
The resume also boasted of tours of duty that never happened, particularly to Bosnia.
He also claimed to have been part of the now-defunct Airborne Regiment, but admitted in court, he got pneumonia before he could join up.
The bombshells kept going off during the cross-examination.
Sandham's police background also came under scrutiny.
He was a police officer for only two years before he abruptly resigned from the East St. Paul, Man., police force.
The reasons were confidential, he wrote in his resignation letter. This morning, there was some insight into why he left.
Two months before leaving the force, in August, 2002, Sandham was seen at the funeral of an Outlaw motorcycle club member in Sault Ste. Marie, Ont.
Sandham was an auxiliary police officer in Ste. Anne's, Man., for a year, before joining East St. Paul as a full constable in 2000.
He left and joined Prairie Bylaw Enforcement in 2002.
Moon suggested Sandham's "status was revoked."
He read from Sandham's letter of resignation, dated Oct. 15, 2002, where he wrote the reasons were to be confidential between he and the police chief.
Moon suggested it was because of Sandham's previous involvement with outlaw motorcycle clubs.
He asked him point-blank about attending the Outlaw funeral.
"Your police administration took some issue with that, didn't they?" Moon asked.
"Some people took issue, some people didn't," Sandham replied.
Sandham said there were "other issues I don't want to go into," and suggested there were ongoing investigations into the now-defunct police force.
He said he didn't want to "jeopardize them."
"There were a lot of issues I had, sir, with the the East St. Paul police," he said.
Moon asked the jury to be sent out for a morning break to discuss legal issues.
When they returned, Moon produced a photograph of Sandham with Outlaws in Sault Ste. Marie.
Then he asked Sandham if he was facing disciplinary action after the funeral.
Sandham said he was, but resigned before there was a hearing.
Sandham admitted he told the chief of police he was going to a funeral of a relative in Vancouver and he was the executor of the will.
Sandham said he didn't know the Outlaw who died in Ontario, but went as "a friend of a friend."
"You must have known that going to the funeral was a bad thing?" Moon asked.
"I wasn't doing it for bad reasons," he said.
Sandham also admitted he was questioned in July 2007 by the FBI about American Bandidos connections to the Canadian shootings.
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Sandham denies motivation to kill
Wed, September 16, 2009
The ex-cop is challenged on boasts about his experience in security
By JANE SIMS
Ex-cop Michael Sandham has portrayed himself as an unwilling dupe in a quickly cobbled-together plot to kill eight Bandidos.
But yesterday, on his fifth day in the witness box, it was suggested he was the one with the motivation to kill.
"What are they going to do when they find out you're a cop?" asked defence lawyer Michael Moon, who is cross-examining Sandham, 39. "You're a dead man. You're going to kill them over self-preservation."
Sandham's eyes reddened for a moment. "You're wrong about that, sir," he said,
Moon noted Sandham got over the crying "pretty fast."
The day was spent catching Sandham, on trial with five others of eight counts of first-degree murder, in a number of fictions from his time as a police officer until his arrest on eight counts of first-degree murder.
Eight Toronto Bandidos were found shot to death April 8, 2006, their bodies stuffed in vehicles along a rural Elgin County road. The jury has heard they were shot at Wayne Kellestine's farm 14 kilometres away during a "patch pulling" to kick them out of the worldwide motorcycle club.
Moon hammered home all day that Sandham, who the jury has heard was president of the fledgling Winnipeg chapter, was more than willing to advance himself by lying and creating elaborate stories to get his way.
Sandham tried to sidestep many of the questions.
Sandham had been a police officer in East St. Paul, outside Winnipeg, from 2000 to 2002.
A newspaper article, Moon suggested, outed Sandham as a former cop now inside the Bandidos and that the Toronto chapter had discovered his secret.
Moon constructed a theory that had Sandham killing Bandidos Canada president John Muscedere and Luis (Chopper) Raposo before two Bandidos sent to Winnipeg killed him.
Moon said Sandham had allowed himself to be "bait" for the Toronto bikers once he was at Kellestine's Elgin County farm and was with Kellestine at a pay phone in Dutton to make a phone call and set up the meeting.
"For what? A patch on someone's back? I don't think so, sir," Sandham said.
The testimony also had its bizarre moments.
Sandham, a former member of the Canadian Armed Forces who served with the Princess Patricia's Canadian Light Infantry, boasted in a brochure he wrote for his security services and training he had guarded "Princess Patricia."
In the witness box, he was surprised to find out Princess Patricia died in 1974.
"I think you are thinking of a different Princess Patricia," Sandham -- with a perplexed look on his face -- said to Moon.
Sandham said he helped guard -- as secondary protection -- a 50-something woman who wore a full uniform and would inspect the troops and was not from Britain.
"You're catching me a little off-guard. I'm going to have to do some checking," he said.
The brochure said Sandham was a VIP-protection specialist and had guarded generals and former prime minister Brian Mulroney. He admitted there was "some padding" in his credentials.
The resume also boasted of tours of duty that never happened, one particularly to Bosnia.
Moon said Sandham has "a mindset, an ability to create fictions to advance your own cause." After a brief pause, Sandham agreed.
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Wed, September 16, 2009
Bandidos jury sees video of accused Sandham
Michael Sandham told a police officer he wasn't at Wayne Kellestine's farm when eight men were shot to death.
"I wasn't there," he said in a police interview played for the jury at the Bandido trial this morning and recorded the day after he was arrested in Winnipeg in June, 2006 for eight counts of first-degree murder.
OPP Det. Sgt Michael Bickerton showed him a photo of he and other accused at the London airport.
"I wasn't there," Sandham, 39, said.
The officer told him they had numerous tire impressions that matched the tires that had been on Sandham's red GMC Jimmy.
"I wasn't there," Sandham said.
Bickerton said the police had watched him change his tires in Selkirk, Man., then dispose of the old ones by rolling them into a ditch.
"I wasn't there," he said impatiently.
He was told there was a police agent at the farm who identified Sandham.
"I wasn't there," he said.
Sandham was told police had video surveillance of him at the Wal-Mart in Barrie.
"I wasn't there. I don't even know where Barrie is," he said.
Sandham is on trial with five other men in the deaths of eight Toronto-area Bandidos on April 8, 2006.
The jury is seeing the video during Sandham's cross-examination by defence lawyer Michael Moon.
Sandham, an ex- cop turned biker, is in his sixth day in the witness box and has been engaged in a verbal sparring match with Moon since Friday.
There were more exchanges today, with Sandham unable to give a straight answer to many of Moon's inquiries.
Among this morning's Sandham revelations are:
- Accused Dwight Mushey said shampoo was good for removing gunshot residue, but Sandham wasn't concerned because he shot Luis (Chopper) Raposo by accident and in self-defence.
- He was in the Dutton phone booth with Wayne Kellestine when they lured the bikers to the farm but didn't agree he was being used as "bait" to convince the men to come to "church."
- As a former police officer, Sandham reluctantly agreed he was most familiar with the .380 handgun and previously testified he could take apart a service sidearm blindfolded.
- He agreed the Toronto Bandidos had likely figured out he had been a police officer but still believed he could act as a peacemaker. Moon referred to Sandham as "the why-can't-we-all-just-get-along guy."
- Sandham disagreed he was tying to "ambush" the Toronto bikers by positioning himself in the barn loft, but said he was only "hiding" on Kellestine's orders.
- Sandham who said he was in the loft with the 303 rifle, said he had no idea whether there was a bullet in the chamber, and didn’t recall loading it a second time after he shot Raposo.
- Moon referred to the shot as "an almost Kennedy-like" shooting of Raposo's finger, despite evidence Sandham was a trained marksman.
- Sandham said he felt ill most of the night and "I couldn't even look" at Raposo afer he had been shot.
The video was introduced to the jury later in the morning.
From the moment he was arrested he denied being at the farm the night of the shootings. The jury has heard he kept up the mantra, repeating his denial 223 times.
Sandham told Bickerton he was home raking dirt at his house. He said he wasn't a member of the Bandidos and he wasn’t known as Taz.
"I told you I can't be in two places at once," Sandham insisted to Bickerton.
When speaking of the tire switch, Bickerton said it was peculiar to roll old ones into a ditch instead of letting Wal-Mart take them.
"They didn't offer," Sandham said to the officer.
In testimony, Sandham said he was lying to protect his wife — who was in custody on a charge of accessory after the fact for her role in the tire disposal — and children.
He told Moon he was convinced if he gave up any information about the Shedden shooting his wife would be formally charged and his children taken into care.
He said he didn't trust what Bickerton was telling him. "Police officers lie all the time," Sandham said. "I couldn't take him for his word."
"You have to imagine what was going through my head," he told Moon.
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Accused biker sticks to story under questions from Powell
Thu, September 17, 2009
By JANE SIMS, LONDON FREE PRESS
'I wasn't there,' Bandidos suspect says Twitter Cop-turned-biker denies, denies, denies Sandham denies motivation to kill Cop-turned-biker claims he served as guard for princess who died in 1974
Ex-cop and former Bandido Michael Sandham has testified he wants to bring everyone to justice involved in the killing of eight bikers near Shedden.
Defence lawyer Clay Powell suggested Sandham's motives in the weeks before and after the bodies were found near Shedden were not so noble.
"'I have survived the massacre and I, Michael Sandham, will become King Bandido in Canada,' — that was your plan from the start," Powell who represents accused Wayne Kellestine during a blistering cross-examination.
"You started it, raised the flag and said 'Here I am.'"
Sandham, in his seventh day in the witness box, disagreed with Powell's assessment, sticking to his version that he was more of a bystander than a participant in the shootings.
Powell didn't buy it and pointed out the holes in Sandham's explanation.
He couldn't understand why Sandham, a former member of the Canadian Armed Forces, and member of the East St.Paul police department and professed to wanting to be a police informant, couldn't bring himself to go to the police about what happened at Kellestine's farm on April 8, 2006.
Powell pointed to times when Sandham could have gone to the police weeks earlier after the meeting at Peace Arch Park in British Columbia when Sandham said there was an order given to Kellestine from the American world headquarters to kill John (Boxer) Muscedere and Luis (Chopper) Raposo.
Sandham said he had assurances from Kellestine he was not going to carry out the order.
And he said he had heard bikers talking about killing people before.
There were other times he could have easily gone to the police, Powell noted, particularly when two officers came to his house after the shootings to ask him questions.
Sandham said he thought he left "a big hint" that he might be willing to talk.
After the shootings, Sandham travelled to Houston to meet El Presidente Jeff Pike, the world leader of the Bandidos, he said, to confirm Pike gave the kill order.
Sandham said he told Pike he wasn't there when the men died because he was afraid he was walking into "a trap.”
"You're the only one in this whole shooting match to tell the truth," Powell quipped.
"You had no more intention to go to the police than fly to the moon."
His biggest chance, Powell said, was during the police interview after Sandham's arrest where OPP Det. Sgt Michael Bickerton "gave you every opportunity" to tell what happened.
Instead, Sandham said he wasn't at Kellestine's farm more than 200 times because he was afraid the police would charge his wife.
Powell's initial attack on Sandham's credibility came by way of a Winnipeg Sun newspaper article on Sept. 20, 2005.
Sandham has told the jury the Winnipeg Bandidos didn't know he had been a police officer and had swallowed his lie that he had only been an auxilliary constable at a small, rural police force.
Powell referred to the story about the arrival of the Bandidos in Winnipeg and the surpise twist that the president was Sandham who "was an East St. Paul police officer."
"Were these guys stupid?" asked Powell referring to the other Bandidos in the Manitoba club.
He denied that his resignation from the police force was because he had attended an Outlaw motorcycle club funeral.
Powell went through the other jobs he had — security and private investigation before he was a police officer, then tattooing, a gravel pit, home renovations and auto disassembling after being a police officer.
But he wanted to become a police informant, he said by infiltrating outlaw motorcycle clubs. He chose the Bandidos after researching 1%er clubs and began to communicate with them by e-mail.
None of the original people trying to start the Bandidos in Winnipeg were among those charged in the deaths of eight Toronto-area Bandido bikers on April 8, 2006, he said.
Powell went over the events before April 8, 2006, remarking that Sandham "and his group of thugs" headed to Ontario to carry out the orders given to him by the Americans and Canadian Bandido Dave Weiche.
Powell said the "patch pulling" could have gone peacefully had Sandham not shot Raposo.
Sandham said it was self defence, but it was up to the jury to decide.
"That's too bad for you," Powell said.
And he questioned how Sandham could have been walking around Kellestine's farm without a gun while men were being killed all around him.
He suggested Sandham was terrified the Toronto Bandidos had discovered he had been a police officer and knew they had sent two men to Manitoba to kill him.
And when the dust settled at Kellestine's farm, all the men who knew his secret were dead.
"It all adds up — eight dead and you and your happy band of thugs drive back," Powell said.
Sandham disagreed, saying there were other Bandidos who knew he had been a police officer.
Then why not go to the police, Powell asked.
"That's not what happened, sir," Sandham said repeating he wanted to get the confirmation from the top of the Bandidos.
"I don't know what difference it makes," Powell said.
"It makes all the difference, sir," Sandham said.
Powell didn't buy it.
"I put it to you that you had a weapon and killed more people than Chopper that night,” he said.
Sandham disagreed.
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Ex-cop's undercover claims questioned
Fri, September 18, 2009
Michael Sandham testifies he was a bystander and a peacemaker when eight Toronto bikers were killed
By JANE SIMS
When ex-cop Michael Sandham was supposed to be serving and protecting, he was hanging out at a biker clubhouse.
His boss, the police chief in East St. Paul, Man., thought his constable, now one of six men on trial for eight counts of first-degree murder, was at a relative's funeral in Vancouver when he was at an Outlaw motorcycle club member's funeral in Sault Ste. Marie.
When Sandham returned to work and immediately asked for sick leave, the chief didn't know his officer was heading to Woodstock to live at the Outlaw clubhouse for a week.
Sandham's attraction to biker clubs as far back as 2002 came under attack yesterday at the Bandidos trial.
Sandham has insisted he was a peacemaker and bystander when the eight Toronto-area Bandidos were shot to death in Elgin County on April 8, 2006.
The revelations about his involvement with the Outlaws came out during cross-examination by assistant Crown attorney Tim Zuber.
Sandham has testified he joined the Bandidos to infiltrate them and eventually become a police agent.
The jury saw Sandham on police surveillance video at the biker funeral with a group of full-patch Outlaws. Sandham said he contacted the Outlaws because he knew a couple of people in Winnipeg were trying to join. He said he was invited to the funeral.
Sandham said he knew there was police surveillance at the funeral and was planning to tell his employer he had been there.
What Sandham didn't know was the Outlaws were the focus of a large police project.
Police quickly found out Sandham was a police officer and informed East St. Paul, where Police Act charges were initiated.
Sandham resigned before there was a hearing. He told Zuber the charges were because he lied to his chief.
Zuber said Sandham had burned bridges with the Outlaws and the police. Any idea of being a police agent made no sense because he couldn't be trusted, he said.
Zuber wanted to know what evidence Sandham collected while inside the Bandidos and without police support. There was none, he said, because "I wanted to get as deep as possible."
Zuber said he couldn't have gotten much deeper than at a meeting where Sandham said he heard American bikers order the killing of two high-ranking Toronto Bandidos.
Sandham faced a blistering cross-examination from defence lawyer Clay Powell, who represents Wayne Kellestine.
Powell questioned Sandham's motives for travelling to Texas and meeting the highest-ranking bikers in the organization.
Powell suggested Sandham was terrified the Toronto Bandidos had discovered he had been a police officer and knew they had sent two men to Manitoba to kill him.
When the dust settled at Kellestine's farm, all the men who knew his secret were dead
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Lawyer tries to portray cop-turned-biker as full of ambition
Disputes Sandham's picture of himself
Fri, September 18, 2009
By JANE SIMS, LONDON FREE PRESS
They were orders, the Crown says, and ex-cop and Bandido Michael Sandham was determined to follow them.
Kill Boxer. Kill Bam Bam. Do something or the Americans will come to Canada and find out why.
Sandham denied the Crown's proposition this morning that his blind ambition to lead a Bandidos chapter was more important than anything else in his life.
Assistant Crown Tim Zuber in cross-examination, methodically took Sandham, 39, through each step of events from June 2005 to the shooting deaths of the eight biker brothers at Wayne Kellestine's farm on April 8, 2006.
It's Sandham's eighth day in the witness box, where he has portrayed himself as a peacemaker and bystander in the conflict between the Toronto bikers and the American mother chapter based in Texas.
In doing so, he has implicated virtually everyone but himself in the shootings.
Sandham has denied he was president of the Manitoba probationary chapter. He has denied there was a probationary chapter at all.
Zuber began the morning returning to a video shot at Kellestine's farm at a party Sandham attended, where the air is full of goodwill and biker brotherly love.
But Zuber suggested as the autumn came, Sandham was frustrated that the Toronto bikers, specifically Luis (Chopper) Raposo, who was against expanding the club beyond the Toronto chapter. And only the national chapter that was made up by the Toronto members could approve expansion.
Kellestine envisioned a club that spanned the country and Sandham agreed Kellestine spoke to him about creating a London chapter as well as a Winnipeg crew.
Kellestine was also being frozen out by his Toronto brothers and was upset about their drug use, Sandham said.
By December, the American world chapter pulled the plug on Canadian operations. Zuber suggested that frustrated the ambitious Sandham.
Sandham spoke to Kellestine after Kellestine went to a meeting with the Toronto No Surrender Crew. They were considering burning their Bandidos patches and hooking up with the Outlaws.
The jury has heard Sandham burned his bridges with the Outlaws in 2002 when he tried to join up while still serving as a police officer in Manitoba.
He would also not be able to join the Hells Angels who had a stronghold of Winnipeg.
"You've come to the end of your rope. Through the actions of others you are done," Zuber suggested.
Sandham denied entering a pact with Kellestine to eliminate the Toronto crew and contact the Americans to promote the Manitoba chapter and expansion.
But Zuber pointed out a long list of phone calls made by Sandham to Kellestine in late December, 2005 and January 2006. They totalled six-and-a-half hours.
Sandham maintained he was following direction from Kellestine, the national sergeant-at-arms, by going to British Columbia and meeting with David (Concrete Dave) Weiche, a Toronto Bandido busted down to prospect status.
That led to the meeting with the Americans at Peace Arch Park. Both Sandham and Kellestine were there.
Sandham said Kellestine was given the order to kill Bandidos Canada president John (Boxer) Muscedere and Toronto chapter president Frank (Bam Bam) Salerno.
Zuber said Manitoba would have its coveted chapter status with Sandham at the helm — what he had always desired.
Sandham said that Kellestine told him he wasn't going to let the States "dictate" to him and he was only going to take Muscedere's patch.
Zuber pointed out the Toronto Bandidos had support from overseas brothers. Sandham denied the No Surrender Crew knew he had been in contact with the Americans.
A couple weeks later, Sandham said he received a calls from Weiche ordering him go to Ontario and kill Muscedere. Sandham said he called Brian Bentley, a high ranking American Bandido who confirmed they wanted "something done" or they would come up to Canada.
Sandham said he decided to take his crew to Kellestine's to tell him the American were upset and introduce the new members of the Winnipeg prospects, Marcelo Aravena and Brett Gardiner.
By then, Zuber said, Sandham knew two Toronto bikers were coming to Manitoba to kill him.
"I didn't believe they were coming to do that, " Sandham said.
Zuber pointed out that for two weeks the Manitoba bikers bunked in at Kellestine's house, despite it's rustic surroundings, the flawed plumbing and the lack of beds.
Zuber said they were there to follow the orders.
He suggested Sandham boasted to all of them of his military training and being a sniper.
"I never boasted, sir," Sandham said.
Zuber pointed out other areas of conflict in Sandham's testimony:
-He brought pairs of latex gloves and a bullet-proof vest. Sandham said the gloves were left from his mobile tattoo kit and that he wore the vest often.
-He hid in the loft of the barn with a loaded gun -- the high ground with a good vantage point. Sandham said he was just hiding.
-Sandham never went to the police or warned Muscedere or Salerno of any plan.
The trial continues Tuesday with a new witness.
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New day at Bandidos trial, more testimony expected
Tue, September 22, 2009
Accused Michael Sandham portrayed himself as peacemaker
By JANE SIMS, LONDON FREE PRESS
New testimony is expected at the Bandidos trial this morning.
The question is who will give it.
Last week, accused Michael Sandham, 39, ended his marathon eight days in the witness box. He was the first of six bikers charged with eight counts of first-degree murder to testify in his own defence.
The men are charged in the death of eight Toronto Bandido bikers who were found shot to death on April 8, 2006 in vehicles parked haphazardly on a rural road near Shedden.
The jury began hearing the case on March 31.
The Crown's case focused on an internal "patch pulling" of the Toronto Bandidos members, who had run afoul of their American bosses and were in conflict with the probationary Manitoba chapter they were sponsoring.
The main Crown witness was M.H., a former Winnipeg Bandido who was at Wayne Kellestine's farm the night the men were shot to death.
Sandham's testimony attempted to distance him from any criminal act, while placing the responsibility for the shootings squarely on the shoulders of everyone else, including the head Bandido in the world, "El Presidente" Jeff Pike in Houston, Texas.
Sandham denied he was president of the probationary chapter — he denied there was a chapter at all — and portrayed himself as a peacemaker and mediator in the violent events.
Throughout the trial, each defense team has taken turns based on the order on the indictment — Sandham, Frank Mather, 35, Marcelo Aravena, 33, Brett Gardiner, 25, Dwight Mushey, 41 and Kellestine, 60.
Court opens at 10 a.m.
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Aravena insists he feared for life
Wed, September 23, 2009
He says he saw three bikers shot dead
Marcelo Aravena says he went to Wayne Kellestine's farm to impress the Bandidos.
He didn't know the trip would have him fearing for his own life after watching three of eight Toronto bikers be shot to death on April 8, 2006.
Aravena, 33, a mixed martial artist with a learning disability and one of the six men on trial for first-degree murder at the Bandidos trial, began his testimony yesterday, adamant that he travelled to Ontario to become a biker and denying he knew of any plot to kill members of the Toronto Bandidos chapter that night.
By the end of yesterday, Aravena's testimony had reached the moment the Toronto Bandidos arrived at the Kellestine farm.
Defence lawyer Kathryn Wells had mapped out a framework in an opening address to the jury, telling them Aravena watched Toronto Bandidos John Muscedere, Paul Sinopoli and Jamie Flanz get shot.
She said Aravena watched in horror when Kellestine killed Muscedere, and listened to Kellestine's chilling warning.
"I ain't doing 25 years for you," Kellestine said to him. "If you say anything, I'm going to kill you and your family."
Those words, Wells said, convinced Aravena to tow the line for the rest of the night, fearful he could be the next man to die.
"He will testify for you and wants to testify so you know what really happened," Wells said.
Aravena is giving the third version of events surrounding the deaths of the men whose bodies were found near Shedden. The jury has heard from the Crown's star witness, a Winnipeg Bandido who can only be identified as M.H., and from Michael Sandham, one of the accused and the purported president of the probationary Winnipeg Bandidos chapter who finished his testimony last week.
Aravena testified he had difficulties in school and dropped out when he was 17.
He had a passion for martial arts, specifically muay thai , and became a professional fighter, with seven or eight bouts a year. His record was not enviable -- seven wins, one draw and 32 losses.
He augmented his income with stints working for pizza joints and as security in Winnipeg bars.
He met Dwight Mushey at a club called Phat Daddy's where Mushey was a part owner.
Shattered after his cousin was gunned down in Winnipeg in 2005, Aravena said he turned to cocaine, both to sell and to use.
He was moving frequently and using crack cocaine every day by December 2005 and sold everything but his car, including his computer, to support his habit.
Aravena said he knew Mushey was hanging out with the Bandidos in the summer of 2005. He had met Sandham then and knew him as "president of the Bandidos." Brett Gardiner became a good friend. He also met M.H.
He moved in with Mushey and Brett in Winnipeg in early 2006. Aravena said he wasn't interested in joining the bikers until after he started living with Mushey.
Aravena said Gardiner woke him up one day in March 2006 to say the group was going to Ontario and if things went well, they could be Bandidos prospects.
He said he met Kellestine the first time at the farm.
"He had crazy long hair, no shirt and a gigantic smile on," Aravena said. "I thought he was a bit of a weirdo."
Over the following days, Aravena spent a lot of time watching TV, playing on computers and playing with the dog. Mather came later and was at the farm only part of the time.
He and Gardiner did menial tasks, including putting dog feces on the garden "to make the vegetables fresh," he said.
The group went hunting in the woods and he saw Kellestine take a bite out of what appeared to be be raccoon feces. "It was funny, he was a funny guy," Aravena said.
On the day of the shootings, Aravena said, Kellestine brought out guns to be cleaned and Sandham passed out gloves. Aravena said he, Gardiner and Mather had them on, but took them off later when their hands became sweaty.
They stayed in the house, and assumed M.H., Mushey, Sandham and Kellestine went to the barn.
Aravena continues his testimony today
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Aravena recalls biker's last minutes
Wed, September 23, 2009
Kellestine shot Muscedere in the face, accused testifies
By JANE SIMS, AND KATE DUBINSKI, LONDON FREE PRESS
The last moment of John (Boxer) Muscedere's life, ending with a smile on his face, was witnessed by Marcelo Aravena.
Aravena brought up the rear of the three-man parade to Muscedere's death, Aravena testified this morning at the Bandidos trial, and saw the final exchange between Wayne Kellestine and the Bandidos Canada president.
During the march from Kellestine's barn to one of the cars, Kellestine, armed with a rifle, complained Muscedere was following too close.
"What are you talking about? I'm right behind you. I'm not doing nothing."
Kellestine ordered Muscedere into the front seat. Muscedere initially refused, telling Kellestine "I'm going to get two bullets in the back of my head."
Muscedere sat down in the front seat, Aravena said. Kellestine shot him in the face.
"I thought he missed him," Aravena said.
He could see that Muscedere had "a big smile on his face." Kellestine shot him again.
"I think he died instantly," Aravena said, adding it looked like Muscedere immediately "went to sleep."
Kellestine shot Muscedere under his shirt, then to turned to Aravena and put the gun to his chest.
"I ain't doing 25 years for you. If you say anything I'll kill you and your family."
Aravena replied, "I ain't saying shit. I ain't a rat."
It was that moment Aravena said he was paralyzed by fear so intense he did nothing except what he was told to do the night the eight Toronto Bandido bikers were shot to death on April 8, 2006.
Aravena's testimony was an account from a participant on the sidelines, a wannabe Bandido who hadn't been privy to the internal politics and conflict inside the outlaw motorcycle club.
By the end of the night, Aravena said he witnessed the shooting of three of the men.
But in the minutes after Muscedere's death, he said he was assured by Michael Sandham, the president of the Winnipeg Bandidos that Muscedere "is the only one who is going to get it."
The rest were going home, he was told.
It wasn't the case.
Over the next few hours Aravena said he saw the men led out by Kellestine, accompanied by others — although he was never specific — and didn’t see some of the Toronto men ever again.
He watched Michael Trotta and Jamie Flanz mop the bloodied floor, stained with Luis (Chopper) Raposo's blood.
He saw Frank (Bam Bam) Salerno try to shake hands with the Winnipegers, even though his hand was bloody. Aravena said he refused.
Aravena said he was with Kellestine when Paul (Big Paulie) Sinopoli was led out.
"Paulie looked scared," Aravena said.
"I said 'Don't worry, you're going home,' I don't think he heard me."
Sinopoli was ordered into the hatch of a car. Kellestine shot him with the rifle and tried to shoot again, but the gun jammed.
When the hatch closed on Sinopoli's arm, and the biker moved, Kellestine pulled out a handgun and shot again.
"Die like a man," Kellestine said.
Aravena said he saw Sandham shoot Flanz, but turned his head before seeing who fired a second shot.
He said he went to the barn, where Kellestine said to him, "They better kill Flanz. Why should I have all the fun?"
Aravena said he was terrified he was going to die. While Kellestine told Frank Mather to dump the bodies near Kitchener, he approached M.H., the Crown's star witness and asked to go with him.
"If you guys are going to kill me, please don't shoot me in the face," he told M.H.
Aravena said M.H. laughed.
Sensing danger, he looked for Dwight Mushey, who he considered his best friend.
"I knew he wouldn't do anything."
He climbed into the Grand Prix with Mushey and begged not to be shot.
"What are you talking about?" Mushey said to Aravena. "This shit was not supposed to happen."
"Right there we made a pact to watch over each other," Aravena said.
When Aravena made that statement today in court, Mushey, sitting in the prisoner's box, dropped his head and rubbed his forehead.
After the bodies were disposed of, Aravena went with Sandham, M.H. and Mushey back to Winnipeg. He told Kellestine, after they hugged, "Don't worry about me," indicating he would keep his mouth shut.
"I was just happy to get out of there," he said.
On the trip home, he said M.H. made a gesture to Aravena suggesting he had shot George (Pony) Jessome.
In Winnipeg, Aravena was given his Bandidos prospect patch.
"I knew there was no way out now after what I had witnessed," he said.
Cross-examination begins this afternoon.
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Kellestine wanted me to lie for him, Aravena testifies
Thu, September 24, 2009
The two had contact while in custody
By JANE SIMS, AND KATE DUBINSKI, LONDON FREE PRESS
Bandido hopeful Marcelo Aravena said he came to Ontario a physically broken man.
Fresh off an unsuccessful mixed martial arts fight, he boarded the plane to London from Winnipeg in March 2006, to join his Bandido friends. He had a suspected concussion, chills and sweats. He had a badly broken hand — so injured he couldn't use it.
Assistant Crown attorney Fraser Kelly wondered then why he was able to carry his suitcase with his injured hand and wear a t-shirt when he came off the airplane in London.
This morning, the jury saw the London Airport surveillance video again showing an able-bodied Aravena grasping his suitcase and walking through the airport with Dwight Mushey, Michael Sandham and the Crown's star witness, M.H.
Kelly began his cross-examination this morning, methodically attacking Aravena's credibility.
Aravena has testified he had no idea of club politics and the conflict inside the Canadian Bandidos club when he arrived at Kellestine's farm.
He said he was there to impress the bosses and hopefully become a Bandidos prospect.
But as the violence and executions erupted the night of the shootings at the farm, he said he was terrified of Kellestine, 60, and said his life was threatened.
Aravena proudly corrected Kelly about his fighting record and his vital statistics at the time of the shooting of eight Bandidos bikers on April 8, 2006.
Aravena said he was 6'2" and 280 pounds.
Kelly showed a portion of a video tape of a scrawny, shirtless Kellestine at the farm just days before the shootings.
"How many of your opponents look like that?" Kelly asked.
"One was old but he wasn't that old," Aravena said.
Kelly questioned why Aravena stood and watched while the Toronto Bandidos were captive and bleeding inside the barn.
He was specific about victim Jamie Flanz, who was forced to sit on the floor. Sometimes Kellestine put a handgun to his head and said "just kidding."
Aravena agreed he heard Kellestine call Flanz "a fucking Jew."
He said he found one of Muscedere's teeth and told Kelly he saw Muscedere show everyone where his teeth were knocked out.
He said he didn't noticed some of the injuries and said he didn't shake Frank Salerno's bloodied hand because "I had nice clothes on and I didn't want to ruin them."
He added he thought the men were going home.
He said when he first arrived at the barn, he couldn't see Luis (Chopper) Raposo's body behind a freezer — but he wanted to.
"I wanted to see. I'd never seen a dead body before," he said.
Aravena has testified he witnessed the execution of Muscedere and Paul Sinopoli and said he was not armed when he watched Kellestine shoot them.
Kelly said Aravena's memory was sometimes selective, particularly when recalling who went with Kellestine to shoot each man, suggesting he was protecting his Winnipeg friends.
Aravena agreed Mushey had been his friend and mentor and said Mushey "was a big part of keeping me alive."
"I trusted Mushey, that's why I wanted to join," he said.
Earlier this morning, Aravena agreed he had a surprising conversation with OPP Const. Dean Croker earlier this month while he was being loaded into a transport van for court.
Defence lawyer Ken McMillan, who represents Kellestine asked Aravena to confirm he spoke to Croker on Sept. 9, the day Michael Sandham entered the witness box.
At the time of the conversation, Aravena didn't know if he would be testifying that morning.
"You told him you were not feeling good about testifying and your testimony was going to hurt Wayne," said McMillan.
"But you told Officer Croker you can't do 25 years."
"For something I didn't do," Aravena added.
McMillan reminded Araven he did not add that comment in his remarks to the officer.
Then McMillan recited the rest of the conversation.
"Wayne will only live 10 more years if he didn't get killed in the pen and that means I will do the last 15 by myself."
McMillan reminded Aravena he told the officer the Hells Angels in Winnipeg had contacted his family and told them Aravena should do whatever he could "to get out of court."
"What have I got to hide," Aravena said, adding it was his cousin who relayed the Hells Angels message.
Aravena has maintained he knew nothing about Bandido club politics and conflict and had no idea that violence would erupt at the farm or eight men would die.
McMillan said to Aravena that he "was not as uninformed or as stupid as you want the jury to believe."
"Some people might say I'm stupid but I think I'm bright," Aravena replied.
McMillan pointed out both Aravena and Kellestine have been in segregation at the Elgin-Middlesex Detention Centre but have spent time together in the yard.
Aravena agreed they had conversations about the case.
"He wanted me to lie for him," Aravena said.
But McMillan said Aravena was smarter than he wanted to appear to the jury and was setting Kellestine up, just as the Winnipeg bikers had set up Kellestine in April 2006.
"All the time you were preparing to testify against him.
"I don't know how many times I told him I was going to testify," Aravena said.
"He said, 'Be nice to you Uncle Wayne.’"
McMillan said Aravena was just stringing Kellestine along.
The Crown is about to begin its cross-examination.
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Aravena denies part in killings
Fri, September 25, 2009
The Winnipeg biker says he wouldn't have turned up if he knew what was going to happen
By JANE SIMS
Marcelo Aravena can't turn back time, but he told the Bandidos trial jury yesterday he wishes he could.
"If I knew what was going to happen, I wouldn't have shown up" at Wayne Kellestine's farm, he said during cross-examination from assistant Crown attorney Fraser Kelly.
"And I'm sure (Dwight) Mushey and Brett (Gardiner) wouldn't have shown up either," he added, referring to his former Winnipeg roommates who are also on trial with him for eight counts of first- degree murder, along with three other men.
Aravena, 33, the former mixed martial arts fighter and Bandidos prospect from Winnipeg, was combative in the witness box, maintaining he was only at the farm in March and April 2006 to impress the Bandidos bosses, not kill anyone.
He and Gardiner, he said, hoped to be Bandidos prospects and came to Ontario with Mushey, Winnipeg Bandidos president Michael Sandham and Crown star witness M.H., to gain approval.
He repeated several times he was not aware of any internal Bandidos conflict, and was assured several times that he, Gardiner and Frank Mather "were not needed" for a meeting in the barn on April 8, 2006.
"I thought it was their problem, they were going to deal with it."
But Kelly reviewed what Aravena did see and hear before and early the night the men were shot to death:
Aravena and Gardiner were told to say they were from Oneida reserve.
Gardiner was ordered to clean up rusty shotgun shells.
Kellestine's wife and daughter and Mather's pregnant girlfriend were told to leave.
He overheard Kellestine talk about "salvaging Crash, Paulie and Pony."
Guns were brought out to be wiped down and assembled and Mushey cut the barrel off a shotgun.
Rubber gloves were passed around to everyone.
A CB radio was set up between the house and the barn.
Aravena was told by Kellestine to watch for cars coming.
Aravena, Gardiner and Mather were told to stay in the house.
Despite the warning, Aravena, armed with a baseball bat and Mather, with a rifle, jogged to the barn when they heard a gunshot.
"I had a close friend there," Aravena said.
At the barn, he saw the Toronto bikers on the floor and Kellestine yelling at them to stay down.
Kelly questioned why Aravena stood and watched while the Toronto Bandidos were captive and bleeding inside the barn.
He was specific about victim Jamie Flanz, who was forced to sit on the floor. Sometimes Kellestine put a handgun to his head and said "just kidding."
Aravena agreed he heard Kellestine call Flanz "a (expletive) Jew."
He said he found one of Muscedere's teeth and told Kelly he saw Muscedere show everyone where his teeth were knocked out.
He said he didn't notice some of the injuries and said he didn't shake Frank Salerno's bloodied hand because "I had nice clothes on and I didn't want to ruin them."
He added he thought the men were going home.
He said when he first arrived at the barn, he couldn't see Luis (Chopper) Raposo's body -- he had been shot by Sandham -- behind a freezer -- but he wanted to.
"I wanted to see. I'd never seen a dead body before," he said.
Aravena has testified he saw Muscedere and Paul Sinopoli executed and said he was not armed when he watched Kellestine shoot them.
Aravena maintained he didn't know anyone else would be shot. If that was the case, Kelly suggested he knew Muscecdere was going to die because he was ordered into Raposo's Volkwagen Golf that was hoisted on the tow truck with Raposo's body dumped in the back.
"You can suggest all you want. I know I am telling you the truth," he said.
Aravena is back on the witness box tomorrow
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Crown to continue questioning Aravena this morning
Fri, September 25, 2009
By JANE SIMS, AND KATE DUBINSKI, LONDON FREE PRESS
Marcelo Aravena heads to the witness box for the third day this morning, where it's expected he'll face more tough Crown questions.
Yesterday, Aravena was starting to bristle at assistant Crown attorney Fraser Kelly's inquiries, maintaining he was telling the truth about what happened at Wayne Kellestine's farm on April 8, 2006 when eight Toronto-area Bandidos were shot to death.
There were some glaring gaps in his memory, particularly when it came to the activities of his former close friends from Winnipeg who were also at the Elgin County farm.
While Kellestine, 60, has been fingered as the man orchestrating the slaughter, Aravena couldn't remember which Winnipeg Bandido accompanied Kellestine to some of the executions.
Aravena said he watched Bandidos Canada president John (Boxer) Muscedere die at the hands of Kellestine.
He said Kellestine threatened him and he feared for his life.
Kelly pointed out that Aravena was a 6' 2", 280-pound mixed marital arts fighter at the time of the shootings and could easily have overtaken the scrawny Kellestine.
Aravena also testified he watched Kellestine kill Paul (Big Paulie) Sinopoli.
Aravena testified he touched three guns and a baseball bat that night, but never shot anyone.
He said he made a pact at the end of the ordeal with Dwight Mushey, 41, the man he considered one of his best friends, to watch out for each other.
But, he testified, he would not lie for his former friend.
Avavena has also told the jury he flew to London to join the others with the hope of impressing Bandido "bosses" and becoming a prospect.
He said he had no prior knowledge of any internal biker politics or the seething conflict within the ranks of the Canadian Bandidos in Toronto and Wininpeg.
He was not aware of any order from the United States to "pull patches." He said his Bandido friends told him they had business to take care of, but Brett Gardiner — another Bandido wannabe — and Frank Mather were not involved.
Aravena is the second of the six accused men to testify. Former Winnipeg Bandido president Michael Sandham finished his testimony at week ago.
The jury has heard a third version of what happened from a Winnipeg Bandido who can be identified only as M.H., who was also at the farm and later became a police agent.
Three other accused — Gardiner, 25, Mushey and Kellestine — wait in the wings to declare to the court whether they will call any evidence.
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Kellestine signalled for me to lie, Aravena testifies
Fri, September 25, 2009
Third day in witness box for biker
By JANE SIMS, LONDON FREE PRESS
Aravena denies part in killings
In the yard at the Elgin-Middlesex Detention Centre, Marcelo Aravena caught Wayne Kellestine's hand signals.
"Marce," Kellestine said to get his attention.
Then he mouthed the words and held up his fingers.
"(Dwight) Mushey: four," he said. "Me: two."
Then he referred to the Crown's star witness, who can be identified only as M.H., and mouthed "One."
And for Winnipeg Bandidos president Michael Sandham, Kellestine signalled, "One."
That added up to eight — the same number of Toronto Bandidos found shot to death on April 8, 2006.
"I said, 'Yeah, don't worry about me," Aravena, the former mixed martial arts fighter testified this morning at the Bandidos trial.
Aravena, 33, was back in the witness box this morning for the final phase of his cross-examination by assistant Crown attorney Fraser Kelly.
But his description of what happened in the jailyard came after an inquiry from his own lawyer, Tony Bryant.
Superior Court Justice Thomas Heeney reminded the jury that any out-of-court statement made by an accused person can only be used against the person who said it and has no evidentiary value against anyone else.
Aravena has testified he came to the farm to impress the Bandidos bosses with the hope of becoming a biker prospect.
He said he didn't know of any biker politics or any internal conflict within the organization between the Toronto chapter, the fledgling Winnipeg probationary chapter and the international biker bosses in the United States.
And while he was able to recall that Kellestine was with each man who was taken out of the barn to be executed the night of the shootings, he could not recall who would go with them out of the barn each time.
Kelly suggested Aravena knew exactly what was going on: he knew there was a plan and wanted to impress the others.
"You wanted to show how tough you were to your brothers," Kelly said.
"You were loyal to your brothers and you're loyal to this day."
"They're not my brothers,' Aravena said.
Kelly asked Aravena why the biker church with the Toronto chapter was being held in the cold barn and not the warm house, where he, Brett Gardiner and Frank Mather were ordered to stay.
There had been churches involving Sandham, Kellestine, Mushey and M.H. in the Kellestine kitchen, and each time Aravena, Gardiner and Mather — when he was there — were not allowed to attend.
Aravena said he wondered why too, and would have offered to go to the barn.
At the barn, with Luis (Chopper) Raposo on the floor fatally wounded by Sandham, Aravena said Kellestine told him to "Tell the guys on the roof everyone's OK."
Aravena said he replied "OK", but he wondered why Kellestine said that, because there was no one on the roof, but "he said a lot of weird things that night."
"Wayne's a loud-mouth, even when he doesn't yell," he added.
Kelly asked how Aravena would think everyone was going home safely after seeing Raposo's body wrapped in a carpet and put in the hatch of his Volkswagen Golf that had been hoisted on the back of the tow truck.
He also saw John (Boxer) Muscedere shot by Kellestine while Muscedere was seated in the Golf's front seat.
Aravena said he thought Geroge (Crash) Kriarakis would be taken to the hospital even though he was loaded into the tow truck "because it was warm."
Aravena said Kellestine said Kriarakis would be taken to a Toronto hospital, where they would "say it was a drive-by."
"It didn't cross your mind there was no way a tow truck with two bodies in it would go to a hospital?" Kelly asked.
Even after Toronto chapter president Frank (Bam Bam) Salerno said "Tell my family where my body is," Aravena said he still thought everyone was going home.
He said he thought Salerno was being "an idiot."
Aravena testified he watched Kellestine kill Paul (Big Paulie) Sinopoli and that Kellestine then ordered him to get into the car.
Aravena said he told Kellestine "Fuck no," and walked away.
"I thought he was going to smoke me too," he said.
Kelly questioned why Aravena would say to his good friend Mushey "If you guys are going to kill me, don't shoot me in the face," when they were about to move the bodies to Stafford Line.
Kelly suggested Aravena was "making a joke" inside the Grand Prix, where Jamie Flanz's body was in the backseat with a shot to the face.
"I value life," Aravena said.
"I went through the same things as these parents are going through," referring to the shooting death of his cousin in Winnipeg.
Kelly reminded Aravena he could remember details after the shootings in Winnipeg right down to eating at Burger King and where he bought his biker vest for his prospect patch.
Yet, "On the single most important night of your life, you don't remember who went out."
"All I remember is what I told you," Aravena said. "I would if I could."
He said he told Mushey, his roommate, the details of Muscedere's death, but otherwise they did not talk about the details of the night at the farm.
Kelly noted Aravena bragged about becoming a Bandido to a friend and was seen wearing his vest at Ross and Elgin streets in Winnipeg.
He told Mushey that if he died he wanted to be buried in his vest.
Aravena agreed he was happy to be a Bandido. "I accepted my life for what it had become," he said.
Through questions from Bryant, his lawyer, Aravena said he did believe he owed his life to Mushey.
"A lot of stuff has happened in the last couple of years," he said. "That debt was paid with interest."
"I can't lie," he said.
Bryant said he did not want to close his case today.
The jury was told to return Tuesday afternoon when the trial will resume.
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Defence continues at Bandidos trial this afternoon
Tue, September 29, 2009
By JANE SIMS, LONDON FREE PRESS
The Bandidos trial is back on this afternoon, picking up where it left off Friday with more of the defence's case.
The jury was asked not to return until 2 p.m. today.
Defence lawyer Tony Bryant, who represents accused Marcelo Aravena, 33, asked Friday to wait until today for a decision to close his case.
That leaves three of the six accused with the option to call a defence. All six have pleaded not guilty to eight counts of first-degree murder.
Former Winnipeg Bandido Michael Sandham, 39, has testified. Frank Mather, 35, who moved into Wayne Kellestine's farmhouse just days before the shootings, opted not to call any evidence.
Once the Aravena case is closed, Superior Court Justice Thomas Heeney will ask Brett Gardiner, 25; Dwight Mushey, 41; then Kellestine, 60, if they intend to call any evidence.
Once the defence cases are in, the trial will move into a legal home stretch.
The jury began hearing the case on March 31, when Elgin County Crown attorney Kevin Gowdey gave a two-hour opening statement of the Crown's case.
Eight Toronto-area Bandidos were found shot to death on April 8, 2006. Their bodies were found stuffed in vehicles left abandoned on a rural road near Shedden.
The jury has heard the men were shot at Kellestine's farm.
They had been lured to the farm for a biker "church," or meeting where Kellestine and the probationary Bandidos from Winnipeg intended to pull their patches and kick them out of the worldwide motorcycle club.
The jury has heard three distinctly different versions of what happened on the farm from the two accused and a Winnipeg Bandido who can be identified only as M.H., who testified for the Crown.
The trial continues this afternoon
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Evidence in; arguments start Oct. 13
Wed, September 30, 2009
BANDIDOS TRIAL: The case into the shooting deaths of eight bikers in 2006 near Shedden began on March 31
By JANE SIMS, LONDON FREE PRESS
The evidence is finally in at the Bandidos trial.
Almost six months to the day the jury began to hear the case surrounding the shootings of eight Bandidos bikers, the six men and six women were told yesterday during a five-minute court sitting they would be moving into the "next-to-last phase of the trial."
Tony Bryant, lawyer for Marcelo Aravena, 33, told the court he was not calling more evidence. Aravena was the 72nd witness in the trial and finished his testimony last Friday.
The jury had already heard from accused Michael Sandham, 39. Frank Mather, 35, decided not to call evidence.
The remaining three of six accused yet to call a defence -- Brett Gardiner, 25, Dwight Mushey, 41, and Wayne Kellestine, 60, chose yesterday not to call evidence.
"The evidentiary phase in the trial has now been closed," Justice Thomas Heeney told the jury.
He explained closing arguments will be heard next, but the lawyers need time to prepare.
He instructed the jury to return Oct. 13.
Heeney suggested the jury take time to relax and "clear" their heads before the six defence teams and the Crown begin their addresses. He said his charge will follow and estimated he would talk to the jury for two days.
The jury began hearing the case on March 31.
Eight Toronto-area Bandidos were found shot to death on a quiet, rural road near Shedden on April 8, 2006.
The men were members of the motorcycle club's Toronto chapter and called themselves the No Surrender Crew.
The jury heard the chapter -- which doubled as Bandidos Canada -- had run afoul with the world Bandidos headquarters based in Texas.
There was also conflict with their fledgling probationary Bandidos chapter they had sponsored in Winnipeg.
The tension reached a boiling point at Kellestine's farm, where there was supposed to be a "patch-pulling" to kick the men out of the club.
By the end of the night, the eight men were dead. One was shot in the barn and the rest were killed while sitting in the vehicles they came in.
The case returns in two weeks.
-------------------------------------------
Closing arguments start Oct. 19
More time granted to prepare remarks for the jury
By JANE SIMS
Closing arguments at the Bandido trial have been put off for another week.
The jury hearing the case was informed yesterday it was not required to return to court until Oct. 19.
Evidence in the lengthy trial of six men facing eight counts of first degree murder was finished Sept. 29.
It was expected both the defence and Crown would start their closing arguments on Tuesday.
Superior Court Justice Thomas Heeney had explained to the jury the lawyers needed preparation time.
Eight Toronto area members of the Bandidos motorcycle club were found shot to death on April 8, 2006.
Their bodies were in vehicles left abandoned on Stafford Line, near Shedden.
The evidence trail led to Wayne Kellestine's farm in Dutton-Dunwich where it is believed the men were killed during a biker "church" or meeting meant to kick the men out of the worldwide biker club.
The jury has heard about the simmering tensions between the Toronto "No Surrender Crew" and their American bosses that are in charge of the worldwide biker organization.
There was also conflict between the Toronto chapter and a probationary Winnipeg chapter it had sponsored.
The jury began hearing the case on March 31 with Elgin County Crown attorney Kevin Gowdey's opening address.
There were more than 70 witnesses, including the star Crown witness, M.H., a Winnipeg Bandido who was at the farm during the shootings.
He had been at the farm for two weeks with four other Winnipeggers before the meeting was organized.
The jury also heard from two accused -- ex-cop Michael Sandham and former mixed martial arts fighter Marcelo Aravena -- who gave different versions of the events on the farm.
Charged with eight counts of first degree murder are Kellestine, 60, and Frank Mather, 35, of Dutton-Dunwich; Brett Gardiner, 25, of no fixed address; and Sandham, 39, Aravena, 33, and Dwight Mushey, 41, of Winnipeg. All of them have pleaded not guilty.
The victims were George (Pony) Jessome, 52; George (Crash) Kriarakis, 28; Bandidos Canada National president John (Boxer) Muscedere, 48; Luis (Chopper) Raposo, 41; Toronto Bandidos chapter president Frank (Bam Bam) Salerno, 43; Paul (Big Paulie) Sinopoli, 30; Jamie (Goldberg) Flanz, 37; and Michael (Little Mikey) Trotta, 31.
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Sandham's lawyer pleads his case
By JANE SIMS, AND KATE DUBINSKI, LONDON FREE PRESS
Michael Sandham is like the fabled little boy who cried wolf, his lawyer told the jury.
And like the child in Aesop's fable who continued to lie, when it really mattered, Sandham is difficult to believe when he is telling the truth.
Defence lawyer Gordon Cudmore, in his closing address to the jury at the Bandido trial, said "incredible people can be telling the truth."
"He has damaged his own credibility, but on the things that matter, he is telling the truth," he said.
Cudmore's closing was the first of seven expected this week as the seven-month trial enters its final phases.
Sandham, 40, and five other men are charged each with eight counts of first- degree murder in the deaths of eight Bandidos bikers on April 8, 2006.
The members of the Toronto Bandido chapter were found shot to death and their bodies left abandoned on a quiet rural road near Shedden.
This morning, the jury of six men and six women heard both from Cudmore and Greg Leslie, the defence lawyer for Frank Mather, 35.
In Cudmore's one-hour address, Cudmore said, despite more than 70 witnesses and countless exhibits, the case comes down to the credibility of the Crown's main witness, a former Winnipeg biker who can only be identified as M.H.
M.H., Cudmore said, makes a practice of lying about everything — drug dealing, lying to receive welfare and to probation officers.
He is, Cudmore said, "an unsavory witness" more concerned about his own well-being than caring about anyone else — and that includes the jury and the judge.
And he noted, he has cut a deal to ensure his own freedom.
"The truth did not set (M.H.) free. The telling of a credible story did."
Sandham, Cudmore said, is easy not to like after listening to him lie to police more than 200 times after he was arrested in June, 2006.
But there is evidence to support his story, he said.
Cudmore said blood-spatter evidence in the car where Jamie Flanz was shot to death proves his client did not shoot him through the driver's side rear window.
"Michael Sandham would have had to defy the law of physics to have shot Flanz," Cudmore said.
And Sandham has been the only one to admit he shot anyone by taking responsibility for Luis Raposo death, but in self-defence, Cudmore said.
"We have the right in our society to defend ourselves against attack," he said, and his client should be acquitted on that count of first-degree murder.
At the highest level, he said, Sandham is guilty of seven counts of manslaughter for the rest, if the jury believes the only plan in place was to "pull patches" and kick the men out of the motorcycle club
Cudmore said if there are questions why the men prepared themselves with firearms for the meeting at Wayne Kellestine's farm, all of them were living in "the pseudo macho world" of bikers, where "being prepared for trouble was not unreasonable."
There are inferences other than murder that can be made about what happened on "that night of horror."
The "night of chaotic madness" was started with Raposo's gun, he said.
The Crown, he added, may try to say Sandham's ambitions drove him to kill, but "no one had to die for him to achieve his goal."
Fear, he said, is not a defence, although "the smell of fear permeated the farm that night and that fear was not confined to the Toronto 8."
Cudmore cautioned the jury that their work is not "a black-and-white decision" and that it was "natural when eight people are killed" the immediate reaction is to make someone pay.
"That is not justice," he said, reminding them about reasonable doubt.
Greg Leslie, lawyer for Frank Mather, then began his closing address to the jury.
Leslie told the jury there is no evidence his client was a Bandidos biker.
He referred to him as Frank "The Mystery Man" Mather, who was not known to any of the Winnipeg bikers, except Sandham who saw him at a barbeque in June, 2005.
"Frank Mather made a mistake. He became friends with Wayne Kellestine," Leslie said.
Leslie structured much of his argument on accused Marcelo Aravena's testimony, who Leslie said had "an air of truth."
Leslie said Mather was at the house with his girlfriend because they had no where else to go. He was not privy to Bandidos’ business and didn't know about the patch-pulling.
Aravena said he and Mather were in the house with Gardiner until they heard the shots. And there is no clear evidence to show Mather was involved in escorting any of the men to their deaths when they were shot execution style.
At no time has the Crown said Mather shot anyone, Leslie said.
Leslie also attacked M.H.'s credibility.
"He is a person who lies — inconsequential stuff, important stuff, he lies."
Mather didn't have a motorcycle or a licence and only met the age criteria of over 21 to be a Bandido, he said.
And Leslie repeated his client did not know anything that night.
Next up this afternoon is Tony Bryant, defence lawyer for Aravena.
The dead men are: George Jessome, 52, George Kriarakis, 28, John Muscedere, 48, Luis Raposo, 41, Frank Salerno, 43, Paul Sinopoli, 30, Jamie Flanz, 37, and Michael Trotta, 31.
On trial on eight counts each of first-degree murder are: Michael Sandham, Frank Mather, Marcelo Aravena, Brett Gardiner, Dwight Mushey and Wayne Kellestine.
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OCTOBER 20 2009
'Kellestine is a psychopath'
By JANE SIMS AND KATE DUBINSKI, LONDON FREE PRESS
Psychotic killer, Psychopath, Monster, All three labels were given to notorious biker Wayne Kellestine this morning as lawyers for his co-accused at the Bandidos trial continued to bury him in guilt during closing arguments.
This morning, it was lawyer Christopher Hicks turn on behalf of Brett Gardiner, 25.
Hicks, in his hour-long address, argued the jury should acquit his client of all charges because Gardiner was not aware of any plan or did not participate in any part of the killing of eight Toronto area Bandidos bikers on April 8, 2006.
Hicks said Gardiner was an unknowing dupe, wanting to advance in the Bandidos and was convinced he was at the farm to meet the Bandido bosses.
Drugs, Hick said, lay at the root of the Canadian conflict. The Toronto Bandidos were thought to be in the drug trade — making a lot of money — and using cocaine and crack cocaine. The drug use went directly against club rules.
Kellestine, too, Hicks said, disapproved of the drug use but had "a dirty little secret" — he was using drugs as well.
The other secret he had was that he and accused Michael Sandham had been elevated to national officers in the motorcycle club, provided they pulled patches from the Toronto Bandidos.
Kellestine, Sandham, Crown star witness M.H., and Dwight Mushey were the only biker officers at the farm. It was they who lured the Toronto Bandidos to the farm and only they could pull Bandidos patches, Hicks said.
Hicks said Kellestine said "be prepared for the worst" because he knew the Toronto Bandidos would bring guns.
And only the officers went out to Kellestine's barn initially that night. Gardiner and two others were in the farmhouse watching TV.
Sandham, who had a personal conflict with Luis (Chopper) Raposo, was ready with a loaded gun in the loft.
Once Sandham shot and killed Raposo, there was, Hicks said, "a parade of death."
"Mr Kellestine is driving this train and Mr. Sandham is right behind him," Hicks said.
Gardiner had been told to stay in the house and listen to the scanner — but the scanner was on all the time at Kellestine's, Hicks said.
And Gardiner, who had performed all the grunt tasks with the other non-ranking biker wannabes, didn't appear in the barn until long after Raposo was shot.
Even participating in the cleaning of the gun shells was part of that work, he said.
And when he did hear gunshots, he was more concerned about Kellestine's well-being.
Hicks said his client is of limited intelligence and would have needed any plan explained to him.
Even M.H. testified there was no other plan than to "pull patches" and was convinced all the men were going home that night.
If there was a plan, it was formulated during mini "churches" held outside the barn between Mushey, Sandham and Kellestine.
And it was Kellestine's plan alone, Hicks said.
"Kellestine is a psychopath, a psychotic killer," he said. "There are no kinder or gentler words, to be truthful."
"There are monsters among us and Kellestine is one of them."
Hicks said the men were executed in "a serial fashion" and noted that Kellestine complained of doing "all the wet work."
The other men were just trying to survive Kellestine and just being there "does not make you a party to a crime."
Even M.H., Hicks said, "was shocked and stunned to be in the centre of a human abbatoir."
He added Gardiner was in the barn for "a New York minute" and had "a true cameo part."
He should be acquitted, Hicks said.
Next up is Michael Moon, defence lawyer for Dwight Mushey.
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Powell goes to bat for Kellestine
By JANE SIMS AND KATE DUBINSKI, LONDON FREE PRESS
Last Updated: 21st October 2009, 2:06pm
Accused killer Wayne Kellestine is an easy target for conviction.
But his lawyer argued this morning that the jury should ignore the rhetoric and must take a long, hard look at the evidence before pinning the blame on his “notorious” client.
Defence lawyer Clay Powell had a heart-to-heart with the Bandidos trial jury during his closing, presented without a written note, telling them he decided after a night of thinking on his front porch in Hyde Park that he has "things I have to say."
"I don't think I've ever represented anybody who's been labelled a psychopath and a maniac," he said, referring to the comments from some of the other defence lawyers he labelled "Bay Street thumpers."
He told the jury he didn't intend to point any fingers except at Michael Sandham, the president of the probationary Winnipeg chapter — and who Powell dubbed "the genius."
Powell said everyone has called Kellestine "the mastermind" of the shootings at his farm.
But he asked "where did this all start?"
Powell told the jury Kellestine was at his farm with his family in March, 2006, when the Winnipeg Bandidos arrived unannounced.
They had left Winnipeg knowing two Toronto Bandidos had been sent to Winnipeg to kill Sandham and that the Americans wanted to know why the memberships of the Toronto chapter had not been pulled.
And it was David (Concrete Dave) Weiche who told them if Kellestine didn't co-operate, "they should take him out too."
"Frankly I don't know why Concrete Dave isn't sitting over there (he pointed to the prisoner's box) with them," Powell said.
Powell said it was Sandham and the Winnipeg crew who had the true motive to kill.
He pointed to Sandham, "a cutie boy and ex-cop."
"He had everything to gain."
It was Sandham who convinced Kellestine to come meet the Americans at Peace Arch Park and it was Sandham who wanted to be a biker president.
"He's smart, he's cunning and he's ruthless," Powell said.
Sandham did not come alone to take the biker colours, "he brings his happy gang" of other Winnipeg bikers.
They stay at the farm for two weeks and its clear, Powell said, they would not leave until the job was done.
Kellestine's plan was simply to take the patches. "That's what Texas wanted," he said.
The "kill one, kill them all” remark by Kellestine, Powell said, could be interpreted as a warning to not kill anyone.
But, when the Toronto members showed up armed, everything changed.
And Sandham — who knew Luis (Chopper) Raposo wanted him dead and had a sawed-off shotgun — shot and killed Raposo.
Sandham has claimed it was an accident.
"Hogwash," said Powell.
As for the rest of the seven Toronto bikers on that "horrible, horrible night," Powell said they can't say exactly what happened.
Instead, the jury must weight the unreliable evidence of Crown star witness M.H., an ex-Winnipeg Bandido who was at the farm that night; Sandham; and accused MArcelo Aravena.
M.H., Powell said, "is not worthy of belief" and should be in the prisoner's box.
"He's a liar, he’s a game player," Powell said. "And he's in it up to his eyeballs."
Powell doubted there was no discussion on the way to Ontario, as M.H. testified, about going to Kellestine's.
Sandham, certainly cannot be believed, Powell said. "If Sandham stuck a parking ticket on you're windshield in Winnipeg, it would likely be forged," Powell said.
Sandham had a "very strong motive" to kill and was desperate to be a 1%er.
And Aravena, "the letter writer", referring to defence lawyer Tony Bryant's creative closing, "he's got his neck to save, too."
"If I had to decide the case on the evidence of (M.H.), Sandham and Aravena, I'd worry about that, Powell said.
The rest, he said, didn't come to meet the biker bosses."
And in a deep voice, pretending to be Aravena, Powell mocked his testimony that he was scared of Kellestine.
"Give me a break," he said.
He told the jury the Crown will likely "jump on the bandwagon" to convict Kellestine.
"Really look carefully at what evidence ties Mr. Kellestine to these homicides other than the words of those three men," he said.
The Crown begins its close this afternoon.
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Crown says M.H. as guilty as the rest
Defends testimony of star witness
By JANE SIMS AND KATE DUBINSKI, LONDON FREE PRESS
Last Updated: 22nd October 2009, 2:57pm
He’s an informant and a police agent — and if not, he would be on trial for eight counts of first degree murder.
The Crown's star witness at the Bandidos trial, a former Winnipeg Bandido who can be identified only as M.H., has been the focus of the defence attacks on the Crown's case, calling him unreliable and dangerous.
This morning, Elgin County Crown attorney Kevin Gowdey, in Day Two of his closing address, acknowledged to the jury that M.H. is as guilty as the rest.
But his testimony only bolsters the strong Crown case presented over the last seven months.
"Any feelings you have about (M.H.'s) immunity agreement is understandable," Gowdey said.
He said M.H. has honoured his agreement to tell the truth.
"This was his only shot at freedom," Gowdey said. "Tell the truth."
M.H.'s story does confirm the rest of the evidence, he argued. Gowdey asked the jury to consider his details and observations and compare it to the other aspects of the investigation.
The entire Crown case does not rest on M.H.'s credibility, he said.
Gowdey said M.H. was able to describe conversations among the Winnipeg Bandidos before they left for Wayne Kellestine's farm in Elgin County and the trip to Ontario.
And M.H. was able to describe the luring of the men to the farm, how each of the eight dead men were shot, how the bodies were disposed and what happened after returning to Winnipeg.
Gowdey used M.H.'s account and compared it to other relevant pieces of evidence.
The jury heard pieces of wire taps and saw photos that matched up to M.H.'s testimony.
And Gowdey reviewed the night of horror inside the barn, pointing out the directness of M.H.'s accounts in describing how each Toronto-area Bandido was led out to execution.
Gowdey hammered home that the men were confined in the barn by "the Farm team" made up of Wayne Kellestine, the Winnipeg Bandidos and Kellestine's friend Frank Mather.
Several family members of the victims were in the courtroom this morning to hear Gowdey repeat the sequence of who died and when.
Court broke for lunch early after accused Marcelo Aravena indicated he was not feeling well.
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All guilty, Crown argues
All six men on trial should be found guilty of first-degree murder, jury told
By JANE SIMS, THE LONDON FREE PRESS
23rd October 2009
They were "a team in every sense of the word."
The men who came together at Wayne Kellestine's Elgin County farm in the weeks before the shooting deaths of eight Toronto-area Bandido bikers, dubbed "the farm team" by Elgin County Crown attorney Kevin Gowdey, worked together to gather up their rivals, eliminate them and clean up their tracks.
On the second day of his closing argument in the Bandidos murder trial, Gowdey continued his methodical approach and showed the jury how the Crown believes all six men on trial are each guilty of eight counts of first-degree murder.
All the men have pleaded not guilty in the deaths of the men found shot to death along a rural road near Shedden April 8, 2006.
The Crown's evidence review has been detailed -- it includes wiretaps of the accused before and after the shootings, conversations between the victims on the way to the Kellestine farm on April 7, 2006, e-mails and ballistics reports.
All of it, Gowdey said, adds up to the conclusion there was a plan in place to eliminate the Toronto chapter.
Gowdey reminded the jury of two routes to reach first-degree murder verdicts -- forcible confinement, and planning and deliberation.
Forcible confinement, he said, can be applied in seven of the eight shootings. The men were held in the barn at gunpoint after accused Michael Sandham gunned down Luis Raposo.
Only accused Brett Gardiner, who was in the farmhouse to listen to the police scanner, didn't take part in holding the men in the barn until they were taken outside and executed, Gowdey said.
Gardiner is guilty, he said, because he was part of the plan. The men prepared weapons, put on rubber gloves, concealed themselves and set up an ambush.
Kellestine had told them in the hours before the bikers arrived, "We kill one, we kill them all," and "be prepared for the worst."
The worst would be if the Toronto bikers showed up with weapons and resisted the order to leave the club. When the gunfire started, Raposo had a gun. Later, during searches of the cars, another gun was produced from a duffle bag.
The group's lowest-ranking men -- Gardiner, Frank Mather and Marcelo Aravena -- were "good soldiers" who wanted "to prove to their new general they were Bandido material.
Sandham, Dwight Mushey and Kellestine, who were to be the top dogs in the new Bandidos Canada, needed the approval from the Bandidos headquarters in Texas where the orders had come to strip the Toronto Bandidos of their patches.
Gowdey noted all of the "farm team" walked away without injury after the night. The "no surrender crew" -- the name given to the Toronto Bandidos -- were all dead.
"Put it all together -- it has planned ambush written all over it," Gowdey said.
He said the defence has tried to convince the jury the Crown's case hinges on star witness M.H.'s evidence, which he said the defence lawyers called unreliable and dangerous.
"He's important, but he's not everything," Gowdey said.
If M.H. had not become an informant and police agent and been given immunity, Gowdey said he would also have been put on trial for the eight counts of first-degree murder.
His detailed testimony bolsters and confirms the evidence collected by investigators, he said.
M.H. has honoured his agreement. "This was his only shot at freedom," Gowdey said. "Tell the truth."
Gowdey is expected to continue his close today.
----------------------------
More closing arguments from Crown today
By JANE SIMS, LONDON FREE PRESS
Last Updated: 23rd October 2009, 9:07am
The Crown's closing address at the Bandidos trial enters its third day this morning.
Elgin County Crown attorney Kevin Gowdey started the address Wednesday afternoon and told the jury his remarks would likely take a full two days.
Gowdey is making the case to convict all six men on trial of eight counts of first-degree murder.
Wayne Kellestine, 60, and Frank Mather, 36, of Dutton-Dunwich; Brett Gardiner, 25, of no fixed address; and Michael Sandham, 40, Marcelo Aravena, 33, and Dwight Mushey, 41, of Winnipeg have all pleaded not guilty in the deaths of the Toronto Bandidos on April 8, 2006.
The bodies of the eight men were found abandoned in their own vehicles left along a quiet rural road near Shedden. All of them had been shot to death.
So far, Gowdey has given the six men and six women a tutorial on the legal principles and applied some of the Crown's mountain of evidence to his argument.
The jury has been reminded of e-mails, telephone calls and body-pack recordings they heard months ago when they began hearing the evidence on March 31.
The review comes after the jury has heard the six closing addresses from the defence earlier this week that challenged the credibility of the Crown's star witness and deflected responsibility from their clients.
Gowdey has asked the jury to consider the whole of the evidence, not picking out small pieces.
He has told them the testimony of M.H. — the former Winnipeg biker who participated in the night of horror at Wayne Kellesitine's farm, then was given immunity for his testimony — is a important piece but certainly not the only strong evidence the Crown has.
M.H.'s evidence bolsters the Crown's theory, Gowdey said, that the group that assembled at the farm in the days before the shootings had a plan — to eliminate the Toronto chapter of the Bandidos motorcycle club.
Gowdey has reviewed the internal squabbles that plagued the club, the decree from the American headquarters that the Toronto "No Surrender Crew" were finished, the orders given to Kellestine and Winnipeg probationary president Michael Sandham at Peace Arch Park, the ongoing and escalating conflict between Sandham and the sponsoring Toronto chapter, and the evidence two Toronto Bandidos had been sent to Winnipeg to kill Sandham.
Gowdey said all the Winnipeg Bandidos were aware of why they were heading to Ontario — to help Kellestine "pull the patches," or kick the Toronto Bandidos out of the club.
And it was clear the Toronto group would not peacefully, he said.
At the farm, all the men helped get guns ready, cleaned ammunition, and the Winnipeg crew put on rubber gloves.
Kellestine was able to lure the Toronto group to his farm by telling them someone was just passing through town — Sandham, an ex-police officer, was the bait.
They would ambush their rivals, Gowdey said.
Kellestine told them "if we kill one, we kill them all" and to "be prepared for the worst."
The worst would be if there was resistance.
M.H. and Dwight Mushey hid behind the barn with their guns. Sandham, with two guns, took a place in the loft — a place, Gowdey argued, that have him a good vantage point.
The Toronto members arrived and M.H. told the jury he heard Luis (Chopper) Raposo say he was "going to put a hole in (Sandham)."
The plan was engaged, then put into action.
Gowdey said the Crown believes Kellestine shot his .22 first, then Sandham took out Raposo, who had fired his sawed-off shotgun.
Then all the men except Brett Gardiner — who had orders to stay in the house and man the police scanner — entered the barn with weapons.
Over the next few hours, each Toronto Bandido was forced to wait in the barn at gun point, then taken out individually to be executed.
Gowdey said everyone had a part to play.
After all the men were dead in vehicles, the "farm team" dumped the bodies, destroyed evidence and everyone got the promotions they wanted within the biker club. Kellestine would be national president, Sandham would be president of Manitoba and the chapter would receive its charter.
Mushey and M.H. would be full-patch members. Frank Mather, Marcelo Aravena and Brett Gardiner would be bumped up to probationary members.
Some were arrested within hours, but the four Winnipeg Bandidos safely made it back to Winnipeg, where more evidence was destroyed.
They began to try to build the club again and Sandham went to Texas for approval. He beat it back to Manitoba when he found out they had discovered he had been a police officer.
Gowdey said everyone had something to gain in eliminating the Toronto bikers and they all deserve to be convicted of first-degree murder.
The men who died were George Jessome, 52, George Kriarakis, 28, Bandidos Canada president John Muscedere, 48, Luis Raposo, 41, Frank Salerno, 43, Paul Sinopoli, 30, Jamie Flanz, 37, and Michael Trotta, 31.
---------------------------------
Convict them, Crown urges jury
By JANE SIMS, LONDON FREE PRESS
Last Updated: 23rd October 2009, 11:43pm
The Crown closing continues at the Bandido trial with Elgin County Crown attorney Kevin Gowdey analysing the evidence and encouraging the jury to convict six men of eight counts of first-degree murder.
This morning, Gowdey first focused on the reliability of M.H., the Crown star witness who was part of the Winnipeg Bandidos and participated in the events at Wayne Kellestine's farm on April 8, 2006.
He recited to the jury a long list of evidence — almost five dozen separate points — that corroborates M.H.'s testimony. Where M.H. said something happened, investigators found evidence.
"Confirmatory evidence is everywhere you look," he said.
He said M.H. never tried to diminish his role in the events. He gave a statement and wore a body pack knowing there was a possibility he could be prosecuted.
"He put himself right in the middle of everything," Gowdey said. "He did not minimize anything."
He gave the police his DNA and allowed complete scrutiny of his evidence by the police.
Gowdey said he understood if the jury did not like the immunity agreement and “I'd be shocked if anyone in the room liked (M.H.)"
"The case is not all about him but to the extent it is he's credible, he's reliable."
Gowdey could not say the same for each of the accused.
He has been examining the evidence surrounding each accused individually to show the jury why the Crown believes they should be convicted of eight counts of first degree murder.
Michael Sandham, he said, "wanted to be a 1%er (outlaw biker) more than anything in the world."
Sandham, an ex-police officer, had made overwhelming sacrifices to join the biker world and when it was in sight, it was snatched away when the Toronto Bandidos were ordered to give up their memberships.
Gowdey reviewed the elaborate ways Sandham worked to gain favour with the American bosses and how he scooped up his Winnipeg crew to go to Ontario once the order came to help Kellestine "pull patches."
He admits to killing Luis Raposo while hiding in the loft. The Crown says this was part of the planned ambush. And he participated in the plan as it unfolded.
Gowdey pointed out Sandham's lies to police and in his testimony — how he said he joined the bikers to become a special police agent, even though he never called police; how he said the Winnipeg Bandidos chapter wasn't really a chapter; how others told him what to say; and how he said he was a peace maker.
"It is a pack of lies, a collection of tales that defy common sense," Gowdey said.
Gowdey also reviewed the roles of Frank Mather and Marcelo Aravena, both of whom were "good soldiers" and wanted to impress "the farm team."
Mather was a willing "henchman", guarding prisoners, cleaning up and driving vehicles.
Aravena — whose testimony was thoroughly dissected and dismissed — was also a willing participant, who admitted he was "excited" when given a biker promotion and bragged to his friends.
Gowdey continues this afternoon.
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Crown wraps case
BANDIDOS TRIAL: Superior Court Justice Thomas Heeney is expected to begin his charge to the jury on Monday
By JANE SIMS, THE LONDON FREE PRESS
Last Updated: 26th October 2009, 9:17am
The Bandido case is finally in the home stretch.
The marathon trial that's lasted almost seven months was passed to the judge's hands yesterday.
On Monday, Superior Court Justice Thomas Heeney is expected to begin his charge to the jury.
Heeney warned jurors yesterday at the end of the Crown's closing address his comments will be lengthy. He expects to address the jury for the better part of two days.
After Heeney finishes, the six men and six women will begin to decide the fate of the six men who have pleaded not guilty to eight counts of first-degree murder.
Elgin County Crown attorney Kevin Gowdey spent day three articulating how the jury could reach findings of guilt for each accused.
Gowdey first focused on the reliability of an informant known only as M.H., the star Crown witness who was part of the Winnipeg Bandidos and took part in the events at Wayne Kellestine's Dutton-Dunwich farm on April 8, 2006.
He recited to the jury a long list of evidence -- almost 60 separate points -- that corroborates M.H.'s testimony. Where M.H. said something happened, investigators found evidence.
The motives, the biker ambitions and the actions of each man was reviewed in detail.
Michael Sandham "wanted to be a 1%er (outlaw biker) more than anything in the world," Gowdey said, but just as his full patch, or club membership, was within sight, the Canadian Bandidos were ordered kicked out of the worldwide club.
Gowdey reviewed the elaborate ways Sandham worked to gain favour with the American bosses and how he scooped up his Winnipeg crew to go to Ontario once the order came to help Kellestine "pull patches."
Gowdey pointed out Sandham's lies to police and in his testimony. "It is a pack of lies, a collection of tales that defy common sense," Gowdey said.
Frank Mather, Gowdey said, was "a trusted supporter" and a boarder at Kellestine's who was rewarded with Bandido membership after his participation -- guarding prisoners before they were taken for execution, dumping bodies and cleaning up.
"He was a good soldier doing what he was told," Gowdey said.
Marcelo Aravena gave "implausible" evidence and was "a soldier" clearly wanting to impress the "farm team," as Gowdey called them, by participating fully in the plan to ambush the Toronto Bandidos.
While in the witness box, Aravena went to great lengths to protect himself and Dwight Mushey, his mentor and his friend. His reward was Bandido membership, which he said he was "excited" about shortly after he helped dump the bodies, Gowdey said.
Brett Gardiner, Gowdey said, also craved biker membership, having moved form Saskatchewan to Winnipeg to live with Mushey, his sponsor to become a club prospect.
His part in the plan was to listen to the scanner in the farmhouse. At one point, he walked to the barn and would have walked right past the death march for John Muscedere before he was shot to death.
In the house, he had many chances to call police. "The most powerful weapon available that night to save lives wasn't used," Gowdey said.
Mushey, Gowdey said, "was one eager Bandido" who was desperate for a full patch. He was frustrated with the lack of progress for the Winnipeg chapter and was "a central character" in the plot to kill the men.
Mushey both guarded and killed three of the men, Gowdey said. He bragged later in Winnipeg about his actions, his comments caught on body pack intercepts.
Gowdey's final comments were saved for Kellestine, "the general" who was "one of the prime movers" of the plan.
"No accused was more involved than Mr. Kellestine," Gowdey said.
Kellestine, disenfranchised by his Toronto biker friends, took part in every aspect of the plan -- collecting guns and ammo, giving orders, luring the men to the farm -- and he killed that night at his own farm.
Gowdey said Kellestine's words to his common-law spouse over the phone summed up the case -- "I (expletive) up bad, didn't I? I got us all in trouble, didn't I?
At the end of his address, Gowdey held up a full Bandido biker vest, saying the patch was "more than just a piece of embroidered cloth to the men." He pointed to a collage of picture of the dead bikers. "On a cold night in April 2006, these men were executed by these men," he said, pointing to the prisoner's box. "All, so they could get this on their back."
The jury returns Monday.
--- --- ---
THE DEAD
George Jessome, 52; George Kriarakis, 28; Bandidos Canada National president John Muscedere, 48; Luis Raposo, 41; Toronto Bandidos chapter president Frank Salerno, 43; Paul Sinopoli, 30; Jamie Flanz, 37; and Michael Trotta, 31.
--- --- ---
THE ACCUSED
Wayne Kellestine, 60, and Frank Mather, 36, of Dutton-Dunwich; Brett Gardiner, 25, of no fixed address; and Michael Sandham, 40, Marcelo Aravena, 33, and Dwight Mushey, 41, of Winnipeg. All have pleaded not guilty to eight counts of first-degree murder.
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Look at the evidence, judge tells Bandidos jury
Bandidos trial: Judge continues his charge to jury today
By JANE SIMS, LONDON FREE PRESS
Last Updated: 27th October 2009, 4:26am\
Forty-eight verdicts need to be rendered at the Bandidos trial once the case is put in the jury's hands.
That won't happen until Superior Court Justice Thomas Heeney completes his charge that he began yesterday -- an exercise he said will last the better part of two days.
It's the final step before the jury begins deliberations in the trial of six men who have each pleaded not guilty to eight counts of first-degree murder.
The marathon criminal case that began along a quiet rural road in Elgin County on April 8, 2006, has the finish line in sight.
The bodies of eight men, all members of the Toronto chapter of the Bandidos motorcycle club, were found shot to death in vehicles left along Stafford Line not far from Shedden.
The jury has heard the bikers were shot to death at Wayne Kellestine's Dutton-Dunwich farm, about 14 kilometres from where the bodies were found.
Heeney told the jury his charge has many complex instructions. Copies of his charge will be made available once the jury retires for deliberations. He also said they should rely on what they remember about the evidence.
"I'm going to help you with your decision, not tell you what decision to make," he told them in the early goings of his address.
Heeney said the jury members could have stereotypical images in mind about biker clubs and the biker lifestyle. He cautioned jurors that they must render their verdicts based solely on the evidence.
"They can only be convicted for what they do, not who they are."
He had special instructions regarding the evidence of M.H., the former Winnipeg Bandido and Crown star witness who testified to what he saw happen the night the men were shot to death.
M.H., a former drug dealer, has immunity from prosecution. He and his family are living under witness protection.
Heeney told jurors that given M.H.'s background, they should look at his evidence "with the greatest care and caution" and look for confirmation in other evidence tendered at the trial.
Heeney listed 21 points where the jury may find M.H.'s evidence was confirmed through other testimony and exhibits.
Heeney is expected to instruct the jury on the law surrounding first-degree murder and review parts of the evidence.
The charge continues today.
---------------------------------------------
Judge coaches Bandidos jury
Remarks come before placing case in hands of jurors
By JANE SIMS, LONDON FREE PRESS
Last Updated: 27th October 2009, 1:27pm
The judge's discussion on the Bandidos and the law continued this morning.
Superior Court Justice Thomas Heeney is reading his charge to the jury discussing the first- and second-degree murder and manslaughter charges and how they apply to both shooters and non-shooters.
He also discussed post-offence conduct and how the jury should address it during their deliberations.
The jury must render 48 verdicts. Each accused are charged with eight counts of first degree murder in the deaths of eight Toronto-area Bandido bikers.
Heeney provided the jury with copies of a "decision tree," a road map for the jury to follow when considering its verdicts.
Heeney told the jury from the outset that his charge would be long and complicated. He said it would last the better part of two days.
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Bandidos fired lawyers
The jury is finally out
By JANE SIMS, LONDON FREE PRESS
Last Updated: 28th October 2009, 2:42pm
Even in the courtroom, the biker code ruled.
It could be seen in the alliances that lined up in the prisoners’ dock. It was a reason why some testified and some didn’t.
And it was why, last week, two defence lawyers were fired by their clients the day after they’d given their closing addresses to the jury.
The jury, now deliberating its verdicts at the Bandido trial, doesn’t know Christopher Hicks, lawyer for Brett Gardiner, and Michael Moon, lawyer for Dwight Mushey, were discharged on Oct. 21 “for personal reasons,” the accused men said.
It appeared to be a bizarre time to remove a lawyer from the case. But for Mushey, a true-blue biker who honoured a code of silence, and his loyal underling and pal, Gardiner, it made perfect sense.
Of all the men sitting in the prisoner’s dock, Mushey and Gardiner have been most chummy.
Mushey, who was the Winnipeg Bandido chapter secretary-treasurer and second in command, had been Gardiner’s sponsor into the club.
Gardiner hooked up with some Bandidos in Saskatchewan before deciding to fast-track biker ambitions by moving to Winnipeg.
He moved in with Mushey and became an enthusiastic prospect.
Also in the house was Marcelo Aravena, the mixed martial arts fighter, who had fought an addiction to cocaine.
While Gardiner was too broke to buy a biker vest, the jury heard, he still did the duties of a prospect with gusto.
On March 26, 2006, he willingly came to Ontario to Wayne Kellestine’s farm with his sponsor and the other Winnipeg Bandidos.
His job, the Crown has argued, on the night of April 8, 2006, was to listen to the police scanner while the ambush was carried out inside the barn.
And, after the shootings, he stayed with Kellestine while the other four Winnipeg Bandidos returned home. It would be the last time Gardiner would see his sponsor in freedom.
Gardiner was questioned at the farm April 9, 2006, and released.
He was later arrested and in detention could be heard in phone taps spouting the cover story - they’d been partying for two days, it was a frame-up.
But Gardiner’s loyalty to Mushey resurfaced and alliances formed.
Michael Sandham, the ex-cop, was placed in protective custody. Since the preliminary hearing, his prisoner’s partition was covered in paper to shield him.
The rest were crammed together. But Aravena was later removed for reasons never explained. He was put in protective custody after a beating on his jail range.
Kellestine, Mushey, Gardiner and Mather remained on friendly terms. It all changed in January.
Kellestine was moved to protective custody. He’d been beaten up in the showers.
That came as the court reviewed his initial police interviews, where he tried to deflect all responsibility and put it on the Hells Angels. It was a major mistake. He was labelled “a rat.”
The biker code insists you say nothing. No statements to police. No other label would be more troubling to Kellestine.
That left the loyalty between Gardiner, Mushey and Mather.
One day, Kellestine complained to his lawyer, Clay Powell, Mushey had threatened him in a note he’d slapped against the partition.
“You’re a dead man,” it said.
Kellestine said Mushey then ate the piece of paper before anyone could see it happen.
Aravena went to great lengths to pin all the blame on Kellestine and portray his old friend, Mushey, as a hero.
During an argument without the jury present, Aravena’s evidence about a signal given by Kellestine at the jail was vetted.
Aravena said Kellestine’s signal was to say Mushey killed four Bandidos. Kellestine denied it.
Mushey began making a hand gesture that appeared to be someone talking.
“Rat,” he said. “Rat. Rat. Rat.”
Both Moon and Hicks gave searing closing addresses that larded the responsibility for the shootings of eight Toronto Bandidos on Kellestine, calling him a psychotic, a psychopath, a monster. They said their clients were unwilling participants.
Afterward, it was clear both Mushey and Gardiner had grown gravely serious.
The next morning, the court’s start was delayed almost two hours after Hicks and Moon asked for and got a recess.
When the judge returned, Mushey addressed the court.
“For personal reasons I request I remove Michael Moon as my primary counsel,” he said.
Gardiner parroted the apology. “I’m going to be doing the same thing as Mushey here. I’m going to be removing Christopher Hicks as my counsel.”
“Your reasons are what?” the judge asked.
“Personal reasons,” Gardiner said.
Powell suggested if the lawyers didn’t stay, the jury might think “Kellestine put a contract out on them.”
During Elgin County Crown Attorney Kevin Gowdey’s closing address, both Mushey and Gardiner were ashen-faced.
Their lawyers had pinned the blame on Kellestine. Through their lawyers, they could be perceived in the outlaw biker world as what they had made Kellestine - rats. By firing their lawyers, they may have bought some protection under the biker code.
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Judge wraps up charge to jury
By FREE PRESS
Last Updated: 28th October 2009, 10:53am
The charge to the jury in the Bandidos murder trial was completed yesterday, but lawyers were back in court late last night with an opportunity to comment on the judge's charge.
The jury was sequestered, but instructed by the judge not to begin its delibrations.
Jurors are to return to the court in London this morning.
Six men have been on trial since March in the shooting deaths of eight Toronto-area Bandidos bikers, whose bodies were found in rural Southwestern Ontario, near Shedden, in April 2006.
The six men are each charged with eight counts of first-degree murder.
Wayne Kellestine, 60, and Frank Mather, 36, of Dutton-Dunwich; Brett Gardiner, 25, of no fixed address; and Michael Sandham, 40, Marcelo Araven, 33, and Dwight Mushey, 41, of Winnipeg have all pleaded not guilty.
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As jury goes out, bikers fire lawyers in murder trial
Peter Edwards Staff Reporter
Published On Wed Oct 28 2009
LONDON, Ont. — The jury in the largest mass murder trial in Ontario history began deliberating this morning, unaware that two of the six accused had just fired their lawyers.
"The reasons are what?" Justice Thomas Heeney asked Dwight Mushey, 42, of Winnipeg. Mushey and the five other accused men, all connected to the Bandidos Motorcycle Club, each face eight counts of first-degree murder.
"Sorry your Honour," Mushey replied. "They're personal reasons." He denied firing lawyer Michael Moon was a "delay tactic."
Brett Gardiner, 25, of Winnipeg, fired Christopher Hicks, telling the judge, "Same thing. There's no ploy here."
People familiar with the outlaw biker culture suggested the firings might be an attempt by the accused to disown any finger-pointing at other bikers as part of their defence. There is a strong outlaw biker code of honour that condemns any co-operation with authorities.
Nor does the jury know that two other accused men in the April 2006 slayings of eight GTA-area Bandidos members at an Iona Station farm were beaten in jail. They are Wayne Kellestine, 60, owner of the London-area farm and Marcelo Aravena, 33.
Earlier this month, Mushey leaned towards Kellestine in a Plexiglas stall next to him in the prisoners' dock, and mouthed the words, "Rat, rat, rat."
In his closing remarks to the jury, Hicks, called Kellestine a "psychopath," "psychotic" and a"monster" and accused him of being the sole driving force behind the massacre.
Kellestine's lawyer, Clay Powell, suggested the firing of the lawyers just before his closing remarks to the jury was a stunt to throw him off his game at a critical time in the seven-month trial.
The jury was not present when the lawyer firing was discussed. The judge instructed the fired lawyers to remain in the courtroom as Powell made his final remarks.
What might have escaped the jury's notice were the several books Gardiner read per week, supplied by his lawyers. A female court observer was expelled from the courtroom for providing him with a romance novel.
Much of Gardiner's defence has been that he is too dumb to have been part of a plot that ended with mass murder.
His lawyers argued he is a thoroughly dense and watched television in Kellestine's farmhouse, unaware that seven men were being executed in vehicles immediately outside the building.
"It was the opinion of all observers that he (Gardiner) simply wasn't very bright," Hicks told the jury.
Crown Attorney Kevin Gowdey described Gardiner as being more ambitious than stupid, and noted that Gardiner moved to Winnipeg to live with Mushey, and then agreed to stay behind with Kellestine after the slaughter of the No Surrender Crew, to help re-establish the club in Ontario.
Gowdey accepted that Gardiner, Frank Mather, 36, of no fixed address, and Aravena didn't actually shoot anyone, but said they were essential to the execution of the Toronto bikers. Also charged with eight counts of first degree murder is former Winnipeg-area police officer Michael Sandham.
Sandham, who is in protective custody, committed an extreme violation of the biker code of not co-operating with prosecutors. He unsuccessfully tried to cut a deal with police himself, and then told the jury that he was never really an outlaw biker at all, even though other bikers described him as president of the Winnipeg Bandidos.
Sandham claimed he was really a police undercover agent, even though he had no agreement of any kind with any police force to infiltrate outlaw biker groups.
Gowdey said they all of the accused men were part of the murder plot, and all heard Kellestine say, "If we kill one, we kill them all," several times in the days before the massacre.
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Bandidos guilty;
All six found guilty of first-degree murder or manslaughter
By SUN MEDIA
Last Updated: 29th October 2009, 4:49pm
The verdicts have been handed down in the Bandidos trial.
All six of the accused bikers were found guilty.
Wayne Kellestine, Michael Sandham and Dwight Mushey were found guilty of eight counts each of first-degree murder.
Frank Mather and Marcelo Aravena were found guilty of one count each of manslaughter and seven counts each of first-degree murder.
Brett Gardiner was found guilty of two counts of manslaughter and six counts of first-degree murder.
Of the 48 counts of first-degree murder against the six Bandidos, the jury found them guilty of 44 counts.
The only exceptions were four killings in which three of the accused were found guilty of manslaughter.
Of those, Brett Gardiner was found guilty of two counts of manslaughter — one in the death of John Muscedere, the other in the death of Luis Raposo.
Others convicted of manslaughter were Marcelo Aravena and Frank Mather, in both cases for the killing of Raposo
The jury of six men and six women returned to the Middlesex courthouse in London at about 3:35 this afternoon, only about 18 hours into their deliberations.
Jurors heard seven months of evidence in Ontario's worst mass slaying, with six men accused of eight counts of first-degree murder.
The trial centred on a struggle between the Toronto-area wing of the Bandidos biker gang and a rival wing from Winnipeg.
The bodies of the eight slain bikers were found stuffed into vehicles along a rural Southwestern Ontario road, in Elgin County, the morning of April 8, 2006.
After about 18 hours of deliberating 48 charges, the jury returned to the Middlesex County Courthouse.
The verdicts were returned about 3:45.
The seven-month trial told the story of blind ambition, failed loyalties and deadly solutions.
Eight Toronto-area Bandidos were found shot to death on April 8, 2006. Their bodies were found shot to death along Stafford Line near Shedden in Elgin County.
The Shedden Eight as they are sometimes called made up both the Toronto chapter and Bandidos Canada.
They had fallen out of favour with their American bosses who had demanded they cease operations because of communication issues and lack of dues payments.
Wayne Kellestine, the club's sergeant-at-arms, had been alienated by his Toronto brothers. He was upset with his Toronto brothers over suspected drug use and knew the club was on thin ice with the Americans.
The Toronto chapter sponsored the probationary Winnipeg chapter, where the ambitious ex-cop Michael Sandham was the president. There was already tension between him and the Toronto bikers. He began to campaign the Americans to save the chapter.
After a meeting at Peace Arch Park in British Columbia, Kellestine was ordered to pull the patches of the Toronto chapter and would be given the national mantle in return. Sandham would get his chapter and be second-in-command in Canada.
When Kellestine didn't yank the memberships, Sandham and his crew of Winnnipeg members headed to Ontario unannounced, and arrived at Kellestine's farm.
They stayed for two weeks, over which time, the Crown argued, a plan was formed to take the patches by gun point. If there was resistance, Kellestine had told them "kill one, kill them all."
On April 8, 2006, they prepared guns and the Toronto men arrived at Kellestine's farm, lured there for a "church" or biker meeting.
One of them was shot inside the barn during an initial shoot-out. The rest were taken one-by-one out to the vehicles and executed.
The bodies were dumped 14 kilometres away after one of the cars ran out of gas.
Kellestine, Gardiner, Mather and two other people were arrested April 9, 2006, hours after the four Winnipeg bikers had left for home.
They were arrested in June, 2006.
The trial has lasted seven months. They jury of six men and six women saw more than 70 witnesses and more than 500 trial exhibits.
They also heard from a former Winnipeg biker who was there, became a Crown witness and was given witness protection for his evidence.
THE DEAD: George (Pony) Jessome, 52; George (Crash) Kriarakis, 28; Bandidos Canada National president John (Boxer) Muscedere, 48; Luis (Chopper) Raposo, 41; Toronto Bandidos chapter president Frank (Bam Bam) Salerno, 43; Paul (Big Paulie) Sinopoli, 30; Jamie (Goldberg) Flanz, 37; and Michael (Little Mikey) Trotta, 31.
THE CONVICTED: Wayne Kellestine, 60, and Frank Mather, 35, of Dutton-Dunwich; Brett Gardiner, 25, of no fixed address; and Michael Sandham, 39, Marcelo Aravena, 33, and Dwight Mushey, 41, of Winnipeg have all pleaded not guilty to eight counts of first degree murder.
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Kellestine guilty of eight counts of murder at Bandidos trial
Five co-accused guilty of numerous charges including murder and manslaughter
29th October 2009
Peter Edwards STAFF REPORTER
The Star
LONDON, Ont. – A member of the Bandidos Motorcycle Club spat on his lawyer after he and five other club members were each convicted of multiple counts of first degree murder for the ambush and execution-style slayings of eight Greater Toronto Area bikers in the biggest mass murder in modern Ontario history.
Marcelo Aravena, 33, of Winnipeg, exploded in anger in the prisoners' dock after hearing he had been convicted of seven counts of first-degree murder and another of manslaughter for the massacre of the bikers in tiny Iona Station, west of London, on the night of April 7-8, 2006.
"F---ing goofs," Aravena, a 280-lb pro fighter said, glaring at the jury and making obscene gestures with both hands.
"You know that some of us are innocent," Aravena shouted. "You're pieced of f---ing s--t."
When his lawyer, Tony Bryant, moved to calm him, Aravena shifted his glare and said, "F--- off, Tony"
During a brief recess, Aravena spat over the Plexiglas wall of his cubicle.
Within seconds, Aravena was escorted to prisoners' cells in the basement of the courthouse by police.
The rest of the men took their convictions silently, and Dwight Mushey, 41, a Winnipeg nightclub owner, bowed his head slightly at the jury after hearing their decision.
There were about 10 family members of their victims in the courtroom as the verdicts were read out.
Teresa Muscedere, 24, whose father John Muscedere was one of the murdered men, fought back tears as the jury foreperson called out the verdicts.
The oldest of the accused, Wayne Kellestine, 60, shrugged his shoulders as he heard he was found guilty of eight counts of first degree murder for massacring his Bandidos clubmates in his ramshackle farm.
A few minutes later, he looked towards reporters and smiled faintly.
It took 20 minutes for the jury foreperson to read out the 44 convictions for first degree murder and four for manslaughter.
None of the six accused men were acquitted of any of the charges they faced.
The jury reached its decision after deliberating for 14 hours.
A conviction for first degree murder brings a mandatory life term.
After hearing the sentence, the son of one of the murder victims said he was elated by the verdicts.
"I'm literally jumping in the street, I'm so happy," Richard Jesso, whose father George was killed that night, said via email to The Star.
The youngest of the six accused, Brett Gardiner, 25, of Winnipeg, looked up at the ceiling and then dropped his head and stared at the floor as he heard he was found guilty of six counts of first degree murder and two of manslaughter.
His co-accused Michael Sandham, 40, a former police officer from rural Manitoba, sat down in his chair and stared straight ahead as he heard he was found guilty of eight counts of first degree murder.
Frank Mather, 35, of no fixed address, showed little emotion as he was found guilty of seven counts of first degree murder and one of manslaughter.
The jury in the seven-month trial heard that Gardiner, Mather and Aravena didn't fire any shots in the massacre, but the Crown argued they were an important part of the crime nonetheless.
Court heard the Texas headquarters, or "Mother Chapter", of the international motorcycle club was upset with the Canadians for numerous breaches of club rules, including repeatedly shunning their calls for meetings and for admitting new members, without the permission of the Texans.
On the night of the murders, Gardiner was assigned to monitor police scanners from Kellestine's farmhouse, as other bikers attempted to "pull the patches," or kick the Toronto bikers out of the club at a meeting in Kellestine's barn.
Mather and Aravena acted as guards, keeping victims confined in Kellestine's barn until they were led outside to be shot dead.
Court heard that Gardiner drove from Winnipeg to Kellestine's farm with Sandham, Mushey, and a longtime biker who can only be identified as "M.H."
Within days of returning back to Winnipeg, M.H. was working for the police, wearing a hidden recording device and capturing conversations with Mushey, Aravena and Sandham.
M.H. had been "sergeant-at-arms" of the Winnipeg Bandidos, in charge of enforcing club discipline. He is now living in a witness protection program, under a new name, after agreeing to cooperate with police to escape murder charges himself.
M.H. told the court he didn't shoot anyone that night, but was present for the execution of the GTA bikers. All of the victims except Raposo was shot twice in the head, execution-style.
The first GTA biker killed that night, Luis Manny Raposo, 41, was killed in an exchange of gunfire with Sandham, who was hiding with two loaded rifles in the beams of Kellestine's farm, where the bikers gathered for a "church," or club meeting.
Court heard that Raposo hit Sandham with a blast from a sawed-off shotgun, but Sandham was wearing a bullet-proof vest, saving him from injury or death.
In often-gripping testimony, punctuated by bouts of tears, M.H. told court how Kellestine exhibited wild mood swings during the systematic executions, which Kellestine called "wet work."
Kellestine alternately sang, danced, prayed between the murders of his biker brothers, M.H. said.
At some points, Kellestine promised the Toronto bikers they would all be allowed to go home safely, M.H. said.
At several other points, Kellestine taunted the victims, especially Jamie Flanz, 38, of Keswick. Court heard that Kellestine told Flanz he would be executed last so that he could suffer most, because he was Jewish.
Court heard that Kellestine is a Nazi sympathizer who had swastikas and Nazi memorabilia throughout his farmhouse and a large Nazi flag in his barn, where the victims were confined before being led out to vehicles and executed.
Sandham testified in his own defense, and told a wild story of how he had been working undercover for police at the time of the slaughter, even though he didn't have any agreement with any police force to do so.
Court also heard that Sandham lied repeatedly to police after the murders, and denied more than 200 times that he was at Kellestine's farm at the time of the murders.
Mather's lawyer, Greg Leslie, told court that Mather was simply in the wrong place at the wrong time, having dropped by Kellestine's farm with his pregnant girlfriend days before the murders because he needed a place to stay.
While Mather wasn't a member of the Bandidos club, M.H. testified that Mather was with the bikers as they readied guns and ammunition, hours before the slaughter.
M.H. said that Mather also held a shotgun in Kellestine's barn as the Toronto bikers were confined before their murders.
Aravena testified that he was not part of any discussions involving murders, and simply went to Ontario to "meet the bosses," in the club.
He also testified that Kellestine threatened his life immediately after Kellestine murdered John Muscedere, 48, of Toronto, the Canadian president of the Bandidos.
Muscedere was the second murder victim of the night, court heard, and told his killers, "Do me first. I want to go out like a man."
Mushey's lawyers argued that the Crown's case against him was built of the testimony of a lifelong liar, M.H., and that Mushey had no idea that Kellestine was going to murder the Toronto men that night.
The Crown suggested that Mushey killed three men that night, and noted how a secret police recording captured Mushey as he described the facial expressions of Flanz as he was shot dead.
Kellstine's lawyers presented their client as a "perfect patsy," for the Winnipeg bikers, and noted they showed up at his farm unannounced, on March 28, 2006, with orders from the U.S. Bandido to kick the Toronto bikers out of the club.
Kellestine's legal team of Clay Powell and Ken McMillan suggested their client lost everything and gained nothing through the massacre of his clubmates.
Found dead in vehicles abandoned by a farmer's field 14 kilometers from Kellestine's farm were: Muscedere, Flanz, Raposo, George Jessome, 52, and George Kriarakis, 28, all of Toronto; Frank Salerno, 43, of Oakville; Paul Sinopoli, 30, of Jackson's Point and Michael Trotta, 31, of Mississauga
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News Canada
Chronology of the events in Bandidos slayings
By THE CANADIAN PRESS
Last Updated: 29th October 2009, 8:30pm
LONDON, Ont. — A chronology of the events leading up to Thursday’s convictions of six men in the slayings of eight others linked to the Toronto chapter of the Bandidos biker gang:
March 2006 — Michael Sandham and Wayne Kellestine meet with U.S. Bandidos officials in Peace Arch Park, which borders Washington state and British Columbia. During this meeting Kellestine is ordered to strip his fellow Toronto Bandidos of their gang affiliation, the Crown alleges.
March 2006 — U.S. Bandidos officials order Sandham to take the rest of the Winnipeg Bandidos and visit Kellestine’s farm in southwestern Ontario to see what is happening with Kellestine “pulling the patches” of the Toronto chapter, according to informant’s testimony.
March 2006 — Sandham, Dwight Mushey, Brett Gardiner and MH - the Winnipeg Bandido turned informant - drive from Winnipeg to Kellestine’s farm. Marcelo Aravena flies to the London airport a few days later as he had a mixed martial arts tournament. The five men stay at Kellestine’s for about two weeks. Frank Mather and his girlfriend are already living at Kellestine’s.
April 7, 2006 — George Jessome, George Kriarakis, John Muscedere, Luis Raposo, Frank Salerno, Paul Sinopoli, Jamie Flanz, and Michael Trotta are called for a meeting at Kellestine’s farm, a two-hour drive away from Toronto. They arrive in four vehicles.
April 8, 2006 — The bodies of those eight men are found stuffed into those four vehicles around a farmer’s field just 14 kilometres from Kellestine’s property.
April 9, 2006 — Police charge Kellestine, Mather, Gardiner and two others with eight counts of first-degree murder. The two other people eventually have their charges reduced to accessory after the fact to murder. One later has charge dropped, other pleads guilty to obstruction of justice.
June 16, 2006 — Sandham, Mushey and Aravena are arrested by Winnipeg police and charged with eight counts of first-degree murder.
Jan. 9, 2007 — Preliminary inquiry begins.
March 27, 2008 — Fire destroys Kellestine farmhouse.
Feb. 23, 2009 — Jury selection begins in trial.
March 31, 2009 — All six men enter not guilty pleas and the trial begins in earnest with the Crown delivering its opening statement.
Sept. 25, 2009 — Jury hears the last day of evidence in the trial as Aravena completes his testimony.
Oct. 28, 2009 at 9:30 a.m. — Jury begins deliberations.
Oct. 29, 2009 at 3 p.m. — Jury returns with verdicts of 44 counts of first-degree murder and four counts of manslaughter against the six men. As the judge thanks them for their service, Aravena raises his middle fingers and shouts obscenities at the jury, then at his own lawyer.
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All shocked by speed with which jury reached verdicts
By KATE DUBINSKI
Last Updated: 30th October 2009, 2:53am
Disappointment, resignation -- even shock.
The reactions of the defence lawyers in the Bandidos trial were as varied as their clients.
After hearing the jury deliver eight first-degree murder verdicts against his client, lawyer Clay Powell, who represented Wayne Kellestine, left the courtroom for a cigarette.
His client had been described as a psychopath and a monster by some of the other lawyers.
"It was a pretty tough case. I've known Wayne before this happened and he's none of those things. He's a farmer from Shedden," Powell said.
"Wayne didn't point any fingers at anybody and the ones that did were labeled rats. That'll cause them some problems in prison."
Up against several accused, lawyers and a Crown who cast their client as the mastermind behind the eight murders, Kellestine's defence team had a tough job.
Kellestine was relaxed as he listened to the verdicts. Powell said he was probably expecting the outcome.
Outside court, OPP Det. Insp. Paul Beesley, in charge of the case, was pleased. "We think justice was served today," he said.
"I want everyone to understand that biker gangs are inherently violent and I think that this trial has given us a glimpse into that lifestyle of the motorcycle gangs. Killing is wrong. It doesn't matter if you're a biker or not. I think the jury recognized that."
No one involved in the case expected the jury to come back so quickly. The six men and six women deliberated 14 hours, after seven months of evidence. "My main concern is how the jury could get through all that evidence . . . in something like a day and a half," said defence lawyer Don Crawford, who represented Michael Sandham, who also was found guilty of eight counts of first-degree murder.
"However . . . I'm prepared to live with the results (but) I wouldn't rule out an appeal."
His client, Crawford said, was "stoic" about the outcome.
Defence lawyer Greg Leslie, who represented Frank Mather, said his client was "almost in a state of shock" and he's starting immediately on an appeal.
"I expected (the jury's deliberations) to go into the weekend. Once I got the call, I had a bad feeling. Mr. Mather is very disappointed," Leslie said.
Mather was found guilty of one count of manslaughter and seven of first-degree murder.
Also disappointed was Brett Gardiner's lawyer, Christopher Hicks, fired after giving his closing address last week in an apparent attempt by Gardiner to save face with other bikers. Hicks had implicated Kellestine in his argument before the jury.
The jury found Gardiner guilty of two counts of manslaughter and six of first-degree murder.
"For Mr. Gardiner, I had higher hopes, so there's disappointment there," Hicks said. Whether he will appeal will be up to his former client, Hicks said.
Dwight Mushey, found guilty of eight counts of first-degree murder, fired lawyer Michael Moon. Moon made no comment.
Defence lawyer Tony Bryant, who represented Marcelo Aravena, also didn't speak to the media. Aravena was found guilty of one count of manslaughter and seven of first-degree murder.
Crown Attorney Kevin Gowdey read a prepared statement, thanking the police, the jury, and the prosecution team.
"We thank the families of the victims for their patience with the justice system," he said.
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Guilty
44 counts of first-degree murder/4 counts of manslaughter
By JANE SIMS, THE LONDON FREE PRESS
Last Updated: 30th October 2009, 3:34am
The final chapter in one of the worst bloodbaths in Ontario history ends with first-degree murder convictions against six Bandidos bikers, more than three years after an eight-man massacre
They're murderers -- all six of them.
After only 14 hours of deliberations, all six men charged with killing eight Toronto-area Bandidos bikers were found guilty yesterday.
Forty-four of the 48 possible verdicts were first-degree murder.
The remaining four were manslaughter decisions.
The verdicts, after a seven-month jury trial, signalled the jury heeded the Crown's argument that all six men knew the deadly intentions on April 8, 2006 and took part either by following a plan or forcibly confining the men before their executions.
The men all face life sentences with no chance of parole for 25 years for first-degree murder. They're to be sentenced today.
The case centred on the conflicts and tensions between the Toronto group that doubled as Bandidos Canada, known as the No Surrender Crew, and the fledgling Winnipeg probationary chapter it sponsored that wanted full status in the biker gang.
There also was conflict with the American world headquarters based in Texas that had ordered the Canadian Bandido operations be shut down because of communications problems and lack of dues payments.
The breakdown in the biker brotherhood led to an ambush at Kellestine's farm where the men were to be kicked out of the club. They paid for the breakdown with their lives.
Their bodies were found stuffed into vehicles abandoned along the quiet Stafford Line in Elgin County, near Shedden.
The 14th-floor courtroom of the London courthouse was hushed as the jury gave its verdicts.
Some of the men in the prisoner's box appeared anxious.
Wayne Kellestine, 60, the local biker with the long reputation, looked over where family members of the victims sat.
Marcelo Aravena chewed his fingers as he leaned over the prisoners' the box. Michael
Sandham, 40, the biker president of the Winnipeg Bandido chapter, heard his convictions first.
On all eight counts, he was found guilty of first-degree murder.
Sandham didn't flinch. While the others stood to await their fates, the former police officer sat in the stall -- a brown paper covering the glass that hid him from the others.
Frank Mather, 36, the quiet red-headed friend of Kellestine's, who was boarding at his farmhouse at the time of the murders. was next.
He was found guilty of manslaughter in the shooting of Luis Raposo, the first to die in the bloodbath, shot dead from the loft by Sandham.
The rest of the verdicts were first-degree murder.
Mather, the jury heard, was one of the men who helped guard the other seven Toronto Bandidos before they were led off for execution.
He stared at the floor.
Aravena, 33, the mixed martial arts fighter from Winnipeg, who wore his Bandido vest with pride after the murders, stood with his hands clasped in front of him. One manslaughter conviction for Raposo's death; on all the rest of the killings, first-degree murder.
Aravena sat down and buried his head in his hands.
Quiet sobs could be heard from a small group of victims' families in the courtroom.
If there was any room left for doubt about what would happen to the last three men on trial, it surrounded the fate of Brett Gardiner, 25. Originally from Calgary, he'd moved to Winnipeg to fast-track his Bandido ambitions.
He was the lookout in the farmhouse the night of the murders, who came out to the barn briefly just as Bandidos Canada president John Muscedere was led out to be shot to death.
The convictions against him: Manslaughter for Raposo's death; manslaughter for Muscedere's death; the rest, first-degree murder.
Gardiner looked up at the ceiling. His eyes reddened.
Dwight Mushey, 41, the Winnipeg chapter's second-in-command, with a black belt in martial arts, appeared calm as his convictions came down. Eight counts of first-degree murder. He bowed politely, like he was respecting an opponent at the end of a match.
That left Kellestine, 60, whose reputation was well-known long before his eight former friends were shot to death.
He nodded slightly at the first verdict of first-degree murder, then was silent for the rest.
Later, he looked over to the reporters covering the case, grinned slightly, cocked his head to the side and shrugged in resignation.
Aravena, Mather, Gardiner and Kellestine asked the jury be polled. All 12 members said they agreed with the verdicts.
Mushey's lawyer, Christian Angelini, told Superior Court Justice Thomas Heeney his client accepted the jury's verdicts are unanimous.
Mushey bowed again with respect.
Heeney thanked the six-man, six-woman jury for their "personal sacrifice" over seven months and attentiveness to the case.
That's when Aravena exploded.
"They're f---ing goofs," he screamed, holding up his hands and making obscene gestures.
"You know some of us are innocent. They're pieces of sh--."
His lawyer, Tony Bryant, tried to calm him down but Aravena continued to wave his arms. "(F---ing) Tony."
OPP officers on the security detail moved into action.
Heeney continued to thank the jury, calling them "truly extraordinary."
"I thank you on behalf of the people of Canada," he said before they were dismissed.
The court took a break. Aravena was removed from the courtroom on Heeney's order, but not before he tried to spit on his lawyer.
Bryant apologized for his client.
The men all face life sentences with no chance of parole for 25 years for first-degree murder.
But the three "non-shooters" convicted of manslaughter must also be sentenced on those counts.
The families of the victims, many who live far away, want to give victim impact statements.
The lawyers for Sandham, Mushey, Aravena and Gardiner asked they be sent to prisons in Manitoba, their home.
Mather's lawyer asked his client be sent to his home province of New Brunswick.
None of the family members appeared before the media afterward.
Some defence lawyers said they were surprised at the speed of the verdicts and are considering appeals.
Elgin County Crown attorney Kevin Gowdey, who led the prosecution team, thanked the jury, police and especially the families.
"While no verdict can turn back the clock for them, we have really appreciated their support during these many months in the face of the great loss that they have suffered," he said.
OPP Det. Paul Beesley, who headed up the investigation, pointed out the trial had international Bandido tentacles reaching the U.S. and Europe.
"It wasn't just a field in Shedden, it was a global enterprise that we were dealing with," he said.
"Clearly the evidence shows that there was some involvement of American Bandidos in Washington state and Texas, too. We hope that justice is served. If that involves other agencies doing investigations, let's hope that's the case."
Both Gowdey and Beesley paid tribute to OPP Det. Sgt. Dean Morrissey, the lead investigator, who died suddenly in January weeks before the case he worked so hard to put together finally went before the jury.
"He was the heart and soul of this investigation and we miss him dearly," said Beesley, his voice breaking.
Kellestine's lawyer, Clay Powell acknowledged his client was expecting the verdicts and was resigned to his fate long ago.
He said Kellestine didn't mind waiting an extra day to be dealt what can only be a life sentence with no chance of parole for 25 years.
"It's another day closer to home," he said.
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Bandidos killer reserves worst insult for jurors
Thursday, October 29, 2009 11:23 PM
"Fucking goofs."
That insult, hurled by killer biker Marcelo Aravena (inset) at the jury that convicted him today of seven counts of first-degree murder, was no small slight. It's one of the most offensive slurs among rounders - regulars in the criminal subculture. Aravena was one of six men convicted in one of Ontario's worst mass murders, the April 8, 2006 slaughter of eight members of the Bandidos motorcycle gang on a farm near London. The victims, who had been shot, were found stuffed into several vehicles.
Aravena's barb, apparently the first words from his mouth after his conviction in the Bandidos mass murder case, according to the Star, is akin to saying: 'You're a worthless, no good, scum-sucking piece of shit who should be killed.' Jurors likely need not take it as a threat though, since in this context Aravena is simply trying to demonstrate his extreme displeasure in the vernacular of his peers. In the right context, disparaging someone with an accusation of 'goof' is a threat and a challenge. There have been at least two murders in Kingston, Ontario, Canada's penitentiary capital, in which that loaded word was a factor.
On March 23, 1991, ex-convict Raymond Bruce, then 44, heavily intoxicated at the time, shot to death Douglas Cranston, 38, inside the Plaza Hotel, what is today Kingston's only strip club. Cranston also had a criminal record. A judge was told that the two men got into a "brutal exchange" in which Cranston called Bruce a "goof" at least twice. After the second insult, Bruce pulled out a handgun and started firing. Bruce pleaded guilty to manslaughter and was sentenced to five years in prison.
On October 26, 1990, Paul David Murphy, then 45, stabbed to death "one of his best friends," Douglas Albert Carroll, 31, during a feud that capped a week-long binge of drug and alcohol taking. Murphy was on early release from prison at the time. He had reportedly been called a "goof" by Carroll. Carroll pleaded guilty to manslaughter and was sentenced to six and a half years in prison.
If you're visiting Kingston, be careful of who's within earshot if you plan to say 'goof' out loud.
Aravena was convicted in the Bandidos massacre along with:
* Wayne Kellestine, 59, of Dutton-Dunwich Township
* Frank Mather, 35, of Dutton-Dunwich Township
* Brett Gardiner, 24, of no fixed address
* Michael Sandham, 39, of Winnipeg
* Dwight Mushey, 41, of Winnipeg
None will be eligible for faint hope – the provision that allows a person sentenced to 25 years to seek a hearing after 15 years to have their parole ineligibility reduced. Multiple killers don't qualify for faint hope. The Tory government wants to repeal the faint hope clause.
The victims were:
Luis Raposo, 41, George Jessome, 52, and George Kriarakis, 28, all of Toronto; Frank Salerno, 43, of Oakville; Paul Sinopoli, 30, of Jackson's Point; John Muscedere, 48, of Chatham, Michael Trotta, 31, of Mississauga and Flanz, 38, of Keswick. They were slaughtered as part of an internal club cleansing that grew out of a feud between two chapters, in Toronto and Winnipeg.
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Trial tidbits jurors never knew
By JANE SIMS
Last Updated: 30th October 2009, 2:53am
In the end, it was what the police always maintained it was -- the internal cleansing of an outlaw motorcycle club.
For more than three years in court, The Free Press has followed the saga of six men brought together under the biker symbol of the Fat Mexican.
The jury in the Bandidos murder trial based its verdicts on what it heard in court. But a lot more -- some of it serious, some of it silly -- went on between the accused, the lawyers and in the courthouse halls. Now, after the seven-month legal odyssey, some of those tidbits the jury never knew can now be told.
---
Brett Gardiner's signal from the prisoners' dock in the courtroom was clear. He pointed to his eye. Then, he moved his hand like a mouth talking.
And then he pointed at me.
It was a tad jarring, but courtrooms often turn into small communities during long trials. Everyone falls into a routine. Everyone keeps the same seat. Everyone recognizes each other.
The accused often looked out at the public for familiar faces. Almost daily, some of the men would wave at me or nod.
There's lots to think about when you're on trial for eight counts of first-degree murder.
So what did Gardiner, the young biker prospect, want? Not wanting to cause concern for the security detail, or raise the suspicion of my media competitors at the trial, I signaled back the accused to talk to his lawyer.
Later, as I walked out of the court, he waved a piece of paper.
"Give it to your lawyer," I said.
Near the coffee lineup after sharing the potential scoop with Free Press colleague Kate Dubinski, Gardiner's lawyer, Christopher Hicks, gave me the piece of foolscap written in pencil.
It was a letter to the editor:
"My name is Brett Gardiner and I was wondering what had happen to the comic strip. I am currently residing at Elign Middlesex detention center, so you have to understand that it gets boring and redundant in this place so please understand that the best part of my day is opening up the today section of your paper and reading your comic strips mostly the De-flocked strip. I love reading that stupid sheep and I keep all the one's that I get my hands on, but know I have ordered your paper for one of those reasons. So please consider returning the comic's as they where .
Sincerely
Brett Gardiner.
I passed on Gardiner's request to senior Free Press editors.
---
Gardiner was portrayed at the start of the trial as a voracious reader, but by the end was held out as a man who thought pickles grew on trees.
He had one fan, a community college teacher, who came to court often. She said she was writing a book about him. When it was discovered she was sending him romantic novels without permission, she was banned for a short time.
---
Gardiner wasn't the only man on trial who wanted to talk to The Free Press. Wayne Kellestine also wanted my attention, a few days after the Crown's star witness had told the jury about what happened the night the Toronto Bandidos were shot to death. Kellestine's lawyer, Clay Powell, approached me with a request: "Wayne wants a copy of Saturday's paper," he said. "He wants to see what you wrote."
I got a copy of the paper to the lawyer, but then came another request from Kellestine, delivered personally over the rail of the prisoners' box as I was leaving court.: "Do you think The Free Press would give me a complimentary 30-day subscription?" he asked with a smile.
Powell arranged a paid subscription.
---
There were lots of complaints over the years as the men wended their way through the court system -- about the hard benches, the rate at which evidence was disclosed and more. They didn't like the food, either.
On the first day of pre-trial motions, the roast beef sandwiches brought in from the jail were deemed spoiled.
Superior Court Justice Thomas Heeney allowed the men to eat Covent Garden Market sandwiches (bought by their lawyers) in the prisoner's box, after getting no food in the courthouse cells during the lunch break.
An application was made to allow lawyers to bring in food for the accused. A bid was even made to make a jail-issued ham sandwich an exhibit to show it didn't have enough meat.
The accused were sick of the ham sandwiches they got for lunch in the court cells. But security had spotted one of them on video-tape, flushing some meat down the toilet.
The application was dropped.
---
For a time, some defence lawyers refused to be searched by the OPP security detail.
Eventually, there was an agreement the lawyers wouldn't be searched as long as they didn't touch their clients.
Only lawyer Tony Bryant objected. He asked to be searched so he could shake hands with his client, Marcelo Aravena, to make him seem more "human."
---
There were various mentions in evidence of the men eating a lot of pizza at Kellestine's farm.
The jury didn't know how the pizzas were found, nor their importance to the evidence. The pizzas came to the farm after some of the men had gone to a nearby native reserve to steal a trailer they believed had illegal cigarette inside. To their surprise, it wasn't smokes they found but 200 frozen pizzas, some carted back to Kellestine's.
During that trip, Sandham's truck bumper was scraped -- a tell-tale mark that would become part of the evidence.
---
The toughest days in court were when grieving families were there. In the early going, some came often and would return for key evidence. Some would even testify. One was Joe Muscedere, brother of Bandidos Canada president John Muscedere, who described a phone chat he had with Kellestine after his brother went missing and was suspected dead. Jurors never heard how he met Kellestine years earlier: " 'Hi, I'm Wayne Kellestine. I sell drugs and I kill people.' "
---
The atmosphere was tense when M.H., the Crown's star witness to the shootings, testified in exchange for witness protection and immunity. There were hard stares from the accused and a lot of note-taking. Once, M.H. couldn't go on because of chest pains and needed a CAT scan.
Aravena, who sometimes appeared to be asleep, was caught one day by OPP Const. Dean Croker doing more than just listening. Croker was part of the courtroom security detail. He reported he saw Aravena give M.H. the finger, by putting his middle digit up to his nose as if scratching it. He was also seen making a hand gun signal. "If it continues, steps will have to be taken," the judge said.
---
The jury never heard both the Winnipeg and Toronto Bandidos were trying to start up illegal drug businesses. They failed.
---
Powell, 73, a courtroom veteran, predicted when the jury was chosen in March the case would drag on until Halloween. Everyone, including the judge, scoffed. Seven months, more than 70 witnesses and 500-plus exhibits later, the end of October arrived and the trial ended. "I told you so," Powell said.
-------------------------------
Bikers get life sentences amid families' palpable grief
Bandidos bikers on trial for eight counts of first-degree murder. Clockwise from top left: Michael Sandham, Marcello Aravena, Frank Mather, Wayne Kellestine, Dwight Mushey, Brett Gardiner.
Victim-impact statements leave many in tears as six convicted killers given prison terms
Amid a tide of anguish that left many in the courtroom weeping, six outlaw bikers convicted of murdering eight men were each sentenced to life in prison Friday.
The grief flowed from victim-impact statements read to the court before Mr. Justice Thomas Heeney sentenced former Bandidos members Wayne Kellestine, Michael Sandham, Dwight Mushey, Frank Mather, Marcelo Aravena and Brett Gardiner.
A day earlier, the six were convicted by a jury on 44 charges of first-degree murder and four of manslaughter.
Before being handed the automatic penalty of life, two of the killers turned to the 20-plus bereaved relatives of their eight victims and voiced remorse.
“I truly am sorry for what I’ve put you through,” Mr. Aravena said.
“I know that nothing I can say will bring your loved ones back, but I did not know this was going to happen.”
Mr. Gardiner simply said: “I apologize to the families.”
In all, 25 victim-impact statements were filed, and six read out in the packed courtroom.
“This senseless, unbearable act took away the peace, comfort, security, hope and dreams not only from my family but from all the families,” said Marilyn Di Florio, the mother of victim Frank Salerno.
“We will never understand this brutality that happened.”
Because all six defendants were convicted on multiple counts of murder, they will have to serve at least 25 years behind bars before seeking parole.
All were also ordered to supply DNA samples to authorities. As well, they will be subject to lengthy or permanent bans on owning firearms if and when they eventually go free.
All the defendants and victims were full-patch members or associates of the Texas-based Bandidos motorcycle gang, which had two chapters in Canada at the time of the April 2006 murders – one in Toronto and one in Winnipeg.
Slain were Mr. Salerno, John Muscedere, George Jessome, George Kriarakis, Luis Raposo, Paul Sinopoli, Jamie Flanz and Michael Trotta, all from the Greater Toronto area. The six killers were mostly drawn from the Bandidos’ probationary chapter in Winnipeg.
The jury’s verdicts Thursday, following just 14 hours of deliberations, came 31/2 years after the killings, and seven months after the trial began in a heavily secured 14th floor courtroom in downtown London.
Prosecutors successfully made the case that the murders stemmed from a power struggle between the two Canadian chapters, and that the rivalry exploded into violence when the parent Texas group ordered the Toronto Bandidos stripped of their membership.
Before sentencing the men for what he described as “horrific acts of violence,” Judge Heeney acknowledged the bereaved relatives’ “eloquent outpouring of grief, which says everything.”
Her voice trembling, Tereasa Muscedere, Mr. Muscedere’s 24-year-old daughter, was in tears as she told the court that losing her father had left her alone, frightened and confused.
“The six accused did not only take eight men,” she said. “They have taken away a piece of my soul … I will have a lifetime of suffering to do.”
Mr. Muscedere, the Bandidos’ Canadian president, was the second to die in the slaughter at Mr. Kellestine’s farm and the first of three to be shot by Mr. Kellestine, who looked on with seeming indifference as Ms. Muscedere read her statement.
Next up was Vickie Kriarakis, mother of George Kriarakis, who died reciting the Lord’s Prayer, the trial earlier heard. Shot seven times and grievously wounded in the abdomen before finally being taken out to his car and executed, Mr. Kriarakis probably suffered more than any of the other victims.
On the day he died, “my heart stopped, my joy was replaced by utter dismay,” his mother told the court. “He was the son that any mother would want to have … As I stand in front of you, all hope is gone.”
The address by Ms. Di Florio, Mr. Salerno’s mother, was particularly eloquent.
“During the evidence of the wiretap conversations I continually heard the expressions love, loyalty and respect, apparently a mantra of the Bandidos club,” she said.
“Where was the love, loyalty and respect on the night of April 8 when our loved ones were ambushed and murdered by their so-called brothers? How two-faced, disloyal and full of deceit, how cowardly those killers were. They shattered our lives forever.”
The three shooters in the massacre – Mr. Sandham, Mr. Mushey and Mr. Kellestine – said nothing.
-----------------------------------------
Abandoned Bandidos massacre scene is a haunting place
A Confederate flag still hangs in Wayne Kellestine's empty barn, where eight outlaw bikers awaited their deaths
As night falls across surrounding corn fields and pasture, the abandoned farm where eight outlaw bikers were shot to death more than three years ago is a spooky place.
Along Aberdeen Line, a half-hour drive west of London in the municipality of Dutton/Dunwich, carved pumpkins and other Halloween fare decorate the neat homes dotted up and down the road.
But in their midst are what's left of a real house of horrors, the long-time lair of Wayne Kellestine, the most notorious of six Bandidos motorcycle club members convicted yesterday of murdering eight of their brethren.
It was at the Kellestine farm that the killings took place in April, 2006.
One of the eight died in a gun battle, the trial heard.
But all the others were held captive overnight in the huge barn adjoining the farmhouse before being taken out to their cars at intervals, forced inside and shot dead.
Then their bodies were hauled a short way up Highway 401 to the nearby hamlet of Shedden, dumped and almost immediately discovered.
From a few hundred metres away, the crime scene looks like any other Ontario rural property on a late fall afternoon: Rolling fields, a clutch of buildings, cows grazing in the distance.
But up close, inside the wire fence and double-padlocked gate that encircle the property, it feels decidedly more sinister.
Local residents give the place a wide berth.
Plenty had a passing acquaintanceship with Mr. Kellestine during the 19 years he lived here up until his arrest, 36 hours after the murders.
“He didn't bother us too much most of the time, but everybody knew he was trouble, there was often biker types around, and there was always talk that he had killed people,” said a retired farmer, who like other neighbours was adamant his name not be included in any article about Mr. Kellestine.
Inside the compound, padlocked shut by the Municipality of Dutton/Dunwich after a lien was placed on the property in lieu of unpaid taxes, is a tableau of decay: A thicket of waist-high grass, a rusting red tractor, children's swings and toys, a listing flag pole.
Gone is the farmhouse, centrepiece of the 50-acre property for which Mr. Kellestine, now 60, paid $50,000 in 1987.
His live-in girlfriend Tina Fitzgerald and their young daughter were allowed to return there and live after police spent weeks combing the property.
But 18 months ago the house caught fire – from careless smoking, neighbours say – and earlier this year it was demolished.
Now Ms. Fitzgerald and her daughter live in a rented apartment in nearby West Lorne.
Three other structures, however, still stand: A mobile home on wheels, in which bikers have been seen staying, although not recently; a tumbledown garage; and the enormous post-and-beam barn that was the main venue of the massacre, towering above the flat farmland.
On its north wall, easily visible to anyone driving along Aberdeen Line, is a white, circular emblem displaying a fist clutching a black-and-red dagger redolent of a swastika; the logo of the Annihilators, a long-gone biker gang to which Mr. Kellestine once belonged.
Inside the barn, where the Bandidos prisoners lay on the floor for hours before being executed, is a vast dusty jumble of old furniture, farm machinery and other detritus.
And still on one wall hangs a large Confederate flag.
Now 60 and facing at least 22 more years behind bars, its owner is unlikely to see any of his stuff again.
And no one from around here is going to miss him much.
“Time to put this all behind us and move on,” said an auto mechanic who lives up the road.
“It was bad but it's over.”
-----------------------------------------------
Book on massacre available already
Author suggests the bikers were killed to avoid all-out war with Hells Angels
By BY RANDY RICHMOND
Last Updated: 31st October 2009, 4:09am
The ink on the verdicts is barely dry, but the first book about the Bandidos massacre has already hit store shelves.
The book also drops what's bound to be a controversial bombshell.
The Fat Mexican: The Bloody Rise of the Bandidos Motorcycle Club, by Alex Caine, proposes that the killings of eight bikers may have been a sacrifice by the Bandidos to avoid an all-out war with their rival, the Hells Angels.
Why? Because one of the dead, Jamie Flanz, inadvertently took a $300,000 shipment of cocaine in Toronto that belonged to the Hells.
The Crown's star witness in the just-finished trial, publicly identified under court order only as M.H., may have still been working for the Hells Angels and helped accomplish the deed, Caine writes.
Neither Caine nor his publicist at Random House Canada
could be reached yesterday.
According to his biography, Caine was raised in Quebec and ended up on a military tour of Vietnam, followed by prison time for marijuana possession. He then became a contracted agent for police forces around the world, infiltrating criminal groups.
Caine told the story of his undercover work in the 2008 book Befriend and Betray. One of the groups he infiltrated during his career was the Washington State Bandidos.
The Fat Mexican, referring to the Bandidos logo, is one of at least two books about the killings.
The release of The Bandidos Massacre: A True Story of Bikers, Brotherhood and Betrayal was waiting for the end of the trial, its author, Peter Edwards, said yesterday.
His book focuses in part on how two longtime friends, Wayne Kellestine and John Muscedere, ended up on opposite sides of the Southwestern Ontario massacre in April 2006, Edwards said.
"It's kind of like Cain and Abel on Harleys," said Edwards, a Toronto Star investigative reporter and author of several books.
"The first person he (Kellestine) killed that night was his best friend."
-------------------------------------
'The best-laid plans . . .'
By JANE SIMS
Last Updated: 31st October 2009, 4:42am
SHEDDEN -- Eight men slain, their bodies stuffed into vehicles abandoned along a rural road after one ran out of gas. It wasn't just the getaway plan from the Bandidos executions that went astray. So did the peace and quiet of the farm couple on whose land the dead were left, The Free Press's Jane Sims reports.
The silk flowers around the white cross at the side of Stafford Line are faded and wind-blown.
Only six of the eight smaller crosses, once attached to a small fence in front of the cross, still mark the place where the bodies of the No Surrender Crew were abandoned, stuffed into vehicles after being shot to death over biker power and failed loyalties.
All signs of violence on the idyllic wooded property, not far from Shedden, have vanished.
So has any hint of the hordes of police who descended there April 8, 2006, after Mary and Russell Steele made the first calls to 911 about unfamiliar vehicles left on their property.
The sign on the large white cross has the name George written in Greek, remembering George Kriarakis, a Toronto Bandido. His family asked to put it there and the memorial grew.
An empty beer can sits in a flower pot of long-dead mums. Sometimes, the Steeles have found beer cases there.
"Occasionally, we have people come and toast these guys," said Mary Steele, who has become something of an unofficial tour guide for the grieving families and the gawkers.
Three years ago, not long after the eight men were found shot to death near the site, the memorial was "quite large," she said,
As time passes and memories fade, the plot of sadness has shrunk.
Long gone is a blue spruce tree planted shortly after the bodies were found. So is the Doug Gilmour Toronto Maple Leafs hockey jersey, left there to remember the dead.
The floral tributes are smaller. The streams of cars that once passed by and stopped at the memorial have dwindled to a trickle of three or four a month.
On a fence post beside the cross, "Dearly Missed" can barely be read on the old wooden board nailed near the top. It's the same for the message left on the top of the cross: "R.I.P All."
---
Mary Steele sat at the same kitchen table beside the window, looking out to the road, where she and her husband were that April morning the Bandidos' bodies were discovered.
On this bright fall day, Russell Steele is out farming, part of the annual rush to harvest before the cold winds of winter descend.
The Steeles are practical, down-to-earth farmers who only moved to the place in 2005.
After a long and successful run in the dairy farming business near Kintore, north of Woodstock, they decided on a change of scenery.
They found the Stafford Line property with its charming, newer house, a heated workshop, a 20-acre woodlot, a farm pond that can be lit up for soothing summer scenery or skating parties in the winter and its almost impenetrable security system.
They met new neighbours and fell back into the regular routine of watching familiar cars drive along their gravel road, and giving a wave.
"You always did talk to people," she said about their deep-seeded rural roots.
But after what happened along the road that morning in 2006, Mary has taken a more reserved approach.
"Often times, I will be out cutting lawns and I'll have people stop and talk to me," she said.
And many times, people come with an agenda.
Before offering up any information, Mary said she takes their business cards and searches them out.
"I've heard three or four books written, rumours of a movie," she said. She heard about people wanting to hawk T-shirts and memorabilia.
For a while, Steele said she would try to predict who was in the cars depending on the day.
On a Friday, she said, she might see three black cars driving closely past the place. "I'd think, 'Oh, it must be lawyer day,'" she said.
For a time, her ears would perk up when she'd hear a motorcycle.
One day a car with four women stopped by. One said she once owned Wayne Kellestine's, property 14 km away, where the eight men were shot to death.
There were many others -- some just curious, others seeking some peace.
Some of the families of the dead introduced themselves to Steele.
"Here were families that I felt such sorrow for them. You still feel for their sons, their husbands . . They still lost somebody who was dear to them," she said.
But the first people to ever look closely at the spot where the bodies were found were the Steeles -- and Mary admitted she has had some reservations about stopping to look at an abandoned car again.
---
On that frosty Saturday morning in April, the Steeles got a phone call from a neighbour after he'd delivered a newspaper to a nearby home.
He'd seen strange cars in their bush, they were told.
The Steeles drove down to where victim Michael Trotta's rented Grand Prix had been backed down a deep ditch and into a grove of thorn trees.
Up the road was a Superior Towing truck with a Toronto phone number on the side and victim Luis Raposo's VW Golf hooked on the back.
"Even when we went out there, we thought a bunch of guys had been partying," Mary said. But the tow truck threw them off.
They went back to the house and called 911 with the licence plate numbers.
"Curiosity got the best of us," Steele said, and the couple drove back to the road and eventually found Jamie Flanz's Infiniti SUV in a field beside their property. Steele's husband walked up for a better look at the licence plate.
"Rusty's up there and he's yelling out the number. I thought the guys were going to pop out of the vehicle," she said.
The windows were frosted over. He never walked around the SUV.
If he had, he might have had a close-up view of the three dead men inside.
Because they never did see any body up close -- a blessing, Mary said -- they can both sleep peacefully at night.
After the police came and the Infiniti's hatch was lifted, Mary said they could see what they thought were two people in the back.
It was the large body of Paul Sinopoli, who weighed more than 400 pounds.
Then the Steeles heard the police say there were more.
---
The police came in droves once the news spread that what had happened on the Stafford Line was more than just a few cars left behind after a party.
"The amount of police procedure I learned from this is something I never wanted to know. I've got lot more respect for police than I ever did," Mary said.
They found out quickly the long reach of the media. The Steeles went to a neighbouring house for about an hour as police began searching the property. They came back across the police line to retrieve their old deaf dog. There were 56 messages on their phone, including one from the BBC.
The Steeles didn't know the body count had grown to eight, but the World Wide Web did.
Two SWAT teams had assembled on their lawn and about 150 police officers came and went. Helicopters passed overhead. The Steeles called their daughters to make sure they knew their parents were safe.
"It just seemed you were in some sort of a movie," she said.
They feared who left the bodies there, and didn't want them to come back. The police stayed close and assured them they were safe. "Things are going to be okay. We think we know who's done it. And we're going to have arrests."
That night, Mary said, as she lay in bed with the police outside, she thought she was "in the safest place in the world.
---
Before April 8, 2006, the Steeles knew nothing about the neighbourhood legends of Wayne Kellestine or the Bandido motorcycle club. Their only brush with the media had been when two OPP officers helped Mary with a calving years earlier.
Their only presence on the Internet was for a renowned dairy cow they raised and sold, named Stelbro Renita Ranger.
People ask them now if they're going to put up a museum or how they're going to cash in. They're not interested.
As the Bandidos trial where she testified ended, Mary said she had no need for closure -- the couple had no connection to the men on trial, nor to those who died.
Neither does the rest of the nearby community, who have gone back to their routines.
"They're bikers. The bikers are the murderers. The bikers are the ones who died," Mary said. "And the people are kind of 'so what?'"
The Steeles, she said, were just innocent bystanders "going through the everyday pattern of life."
They do have one plan: They're putting the property up for sale -- not because of what happened there, but because Mary's aging parents need her closer to their home.
When she does think about the circumstances surrounding the deaths of the Shedden Eight -- the internal politics, the violent solution, the senseless loss of life -- she thinks about her dad.
He's a fan of the Scottish poet Robbie Burns and would often quote him while milking. "The best laid schemes o' Mice an' Men, Gang aft agley."
"The best laid schemes of anybody often go astray," Mary said. "And this is what's happened to these fellows."
---
THE SLAIN
George Jessome, 52; George Kriarakis, 28; Bandidos Canada National president John Muscedere, 48; Luis Raposo, 41; Toronto Bandidos chapter president Frank Salerno, 43; Paul Sinopoli, 30; Jamie Flanz, 37; and Michael Trotta, 31.
THE CONVICTED
Wayne Kellestine, 60, and Frank Mather, 36, of Dutton-Dunwich; Brett Gardiner, 25, of no fixed address; Michael Sandham, 40, Marcelo Aravena, 33, and Dwight Mushey, 41, all of Winnipeg. All were convicted of eight counts of first-degree murder except Gardiner, found guilty of six counts plus two counts of manslaughter, and Mather and Aravena, each of whom was found guilty of seven counts of first-degree murder and one of manslaughter.
----------------------------------------------
'I pray for vengeance'
The killers got life sentences with no parole chance for 25 years
By JANE SIMS
Last Updated: 31st October 2009, 4:08am
They were sons, fathers, uncles and brothers.
Their families loved and miss them.
They were bikers -- proud members of the Bandidos brotherhood, murdered on Wayne Kellestine's Southwestern Ontario farm during in an internal club power struggle three years ago.
Yesterday, a day after 44 first-degree murder and four manslaughter convictions came down, the killers were sentenced in court in London to mandatory life terms in prison with no chance of parole for 25 years.
But first, the court heard six of 24 victim impact statements from the grieving families.
As they listened, two of the killers, Brett Gardiner and Dwight Mushey, stared at the floor.
Wayne Kellestine -- "a thug of the first order," as one bereaved mother said, and on whose farm the massacre took place -- listened intently.
Frank Mather stared straight ahead.
Marcelo Aravena leaned back and looked at the ceiling.
Michael Sandham wiped away tears.
The families sobbed.
----
John Muscedere was the rock in his family's life.
He loved "to sing Italian music, train young kids to box," said his daughter Tereasa Muscedere, 24.
"He loved God, he raised all of us to love and respect."
He was a caring son to his parents. And a loving father to his kids.
Tereasa told the court it was like a black cloud descended over the family after her father, the Bandidos Canada president, was murdered.
Muscedere's father died a year after he did, a day after he visited his son's grave. Her grandmother had already cried "365 days straight."
Then Tereasa's young daughter was badly hurt in a car crash that left her with a catastrophic brain injury. Tereasa described how difficult it was to face her daughter's long recovery without her father's love.
"My daughter will never remember the tickle of my father's moustache or the way she loved to jump on the front of his Harley and pretend it was hers," she said. "She will always remember his picture, but never his touch."
She said she faces a lifetime of suffering. "I believe it is their time to suffer," she said about her father's killers.
Outside court, Tereasa said she has some satisfaction now at the close of the case.
"I feel that today justice was served in the courtroom and now I'll pray to God for vengeance and, in the same breath, ask him for forgiveness."
---
"The day of my greatest joy," said Vickie Kriarakis, was 31 years ago when her son George was born.
"I saw the world in his eyes and I knew his future was limitless. Her "special gift" was taken away April 8, 2006.
He was, she said, "the son that any mother would want to have." His "outer and inner beauty were stolen by these men here who all played a pivotal role in my son's death and who had no respect for human life and freedom."
Kriarakis said she and her family didn't know about her son's Bandido affiliation until after his death. She said he was recruited by men "who preached loyalty, respect, honour and brotherhood and who, instead, practised betrayal, disrespect, indignity and hatred."
No mother should live as she does, she said. Often, she wakes up in the middle of the night "and I see the terror in his eyes."
She still expects to hear her son's voice on the phone, or sees him to walk through the door, smiling and laughing. Within a year, Kriarakis's family saw him married, then buried. "I am begging for these men, my son's killers, to be held accountable for their crimes and for justice to be served for the murder of my son," she said.
-----
George Jessome's brother, Kevin Jessome, came all the way from Prince Edward Island to give a tribute to his brother -- a man who loved to play the guitar and bingo and make people laugh.
The tribute came with a poem directed at the murderers, telling them the Jessome family's loss is great.
"Came the day in his life when he met you all.
I believe he called you all brothers, I recall.
I wonder what's the true meaning of a brother as I write.
To me a brother will protect your for life."
Assistant Crown attorney Brian White read comments from Robert Jesso, another brother, who wrote their mother "sees her dead son every night in her nightmares and for her firstborn son every day. It would be fitting for his killers to see the same in their dreams when they get to their new homes," he wrote.
-----
Marilyn DiFlorio, mother of Frank Salerno wanted "to let the world know that Frank had a family that loved him and loves him still."
"Your Honour, I know when this tragedy occurred, many ignorant individuals expressed the opinion that the world was a better place with eight less bikers. This deeply saddened me, because Frank was my son."
He was, she said, "an intelligent, compassionate and sensitive human being," loyal to his friends and loving to his wife and baby son who was only eight weeks old when his father died. "That is all he ever wanted in this life, to have a family of his own to raise and be proud of," she said.
Salerno was "overcoming his struggles" and she was "proud of him for that."
She received the news of his violent death as she stepped off a plane in Switzerland to start a vacation with her daughter.
"We will never understand the brutality that happened. Frank and his friends who died with him were so undeserving of this wicked act."
She said Kellestine is "morally craven, maliciously egotistic" and "a thug of the first order."
Michael Sandham and Dwight Mushey also fall within this category," she said.
"None of these killers should ever be released into society again," she said.
Michael Trotta's sister, her full name not released, said her brother was "denied the right to life."
He was "a free spirit," funny, compassionate and outgoing, she said.
On the night before his death, he and his fiance took photos of him with his son on new furniture they'd bought for their house. They used the pictures to help police identify him through the clothing he wore.
The grief, the fear, the constant media frenzy, took a toll on their family. Trotta's father died within a year of his son.
The family is haunted by how Trotta died. "We can only imagine what he was thinking," his sister said, "What he was feeling as he was forcibly confined by men armed with weapons on a remote farm within a fenced yard, in a cold barn, surrounded by others who were wounded and dying, knowing that his own death was imminent."
Trotta's sister asked for justice for her murdered brother and for her shattered family.
-----
Each murderer was asked if they had anything to say before sentencing.
Aravena, who called the jury "goofs" after he was convicted, tearfully apologized to the families.
"I truly am sorry for what you are going through," he said. "I'll tell you I didn't know this was going to happen, I'll promise you that."
Gardiner also wanted to speak. "I apologize to the families," he said.
All six were dealt concurrent life sentences with no chance of parole for 25 years. Aravena and Mather also were sentenced to 10 years for manslaughter, to be served concurrently. Gardiner received two, 10-year manslaughter sentences on top of his life term.
Sandham, Mather, Mushey and Kellestine declined to say anything.
Superior Court Justice Thomas Heeney said he wouldn't comment on "the horrific acts of violence" that brought them all to court. The "eloquent outpouring of grief" sufficed.
Along with weapons and DNA orders, Heeney said he would recommend Sandham, Gardiner, Aravena and Mushey -- the Winnipeg chapter of the Bandidos -- be transferred to a prison in Manitoba.
Mather would be sent to New Brunswick.
All six men left the courthouse for the last time, to begin new lives behind prison walls
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In the end, Kellestine knew he had lost
By JANE SIMS
Last Updated: 31st October 2009, 4:09am
The once-mighty Kellestine homestead, long feared and legendary, has fallen apart.
The intercom that acted as a gatekeeper at the crumbling, big stone gates by Aberdeen Line is pulled out of its moorings. The rutted gravel driveway is starting to grow over. The house, once filled with Wayne Kellestine's eccentric memorabilia, is gone, destroyed by fire. A small recreational trailer with a satellite dish is parked on the lawn. Some cattle graze lazily in the pasture nearby.
But the barn remains intact -- the ghostly reminder of where eight men, once close friends of Kellestine's, spent some of their final moments before their murders.
I wondered sometimes, during the seven months I sat in the same courtroom as Kellestine during the Bandido trial, what he was thinking when the courtroom was allowed to look at photos of his house, his barn, his shed and his property and listened to how he lived not far from Iona.
I'd sneak glances at the man, now convicted as a mass murderer, looking at his video screen while lawyer discussed his arsenal of guns, the Potty Mouth Jar on the shelf, the general clutter and disarray around the property.
That was his world. The biker world.
He loved it. He was proud of his patch and brotherhood. He called his fellow bikers his brothers. He had a vision. And then it all fell apart.
And he became the perfect partner for a Winnipeg Bandido up-and-comer, ex-cop Michael Sandham, who also had a plan for power a province away, but needed a someone to carry out his dirty work.
Sandham was the match. Kellestine was the spark.
Through every version of testimony about what happened on April 8, 2006 -- from biker turned informant M.H., the lying Sandham, and the newbie Bandido. Marcelo Aravena -- the only clear string that ran through the whole mess was based in a preposterous plan that had no chance of succeeding.
I couldn't get my head around why Kellestine could shoot his old friend John (Boxer) Muscedere, the Bandidos Canada president, over membership in a so-called brotherhood.
If there is a hero in this mess, it was Boxer, the target of much of the wrath, who stood up and begged to be shot first, perhaps hoping his death would satisfy the power intentions and save the rest.
But once one died, all had to die. Kellestine had said it as he was winding up his murderous troops.
And even he understood later how he overestimated his response.
"I got f---ed and I f---ed," he said during a phone conversation.
Even after all the legal wrangling, there wasn't much question this case was a slam-dunk for the Crown -- an indication as to why it only took the jury 14 hours of deliberations over two days to sink all six men on trial.
There will be questions about the cost of this case, and why it took so long.
And there will those who will wonder if it was worth making an immunity deal with a man who should have been sitting in the prisoners' dock with the others.
M.H., even though he spoke up to police, was as culpable as the rest. He knew of the plan, he held the prisoners at gunpoint before their executions, witnessed George (Pony) Jessome's execution, helped dump the bodies and destroyed evidence.
The Crown's circumstantial case without him, was enormous. But what M.H. did was lead the police to other evidence and added the necessary context to lock up the rest.
While some of the men -- the non-shooters -- appeared chagrined and pathetic when the verdicts were read, all eyes turned to Kellestine, the local biker legend, well-known to police, who had used up the last of his criminal nine lives.
He, just like everyone else in the courtroom knew, what the outcome would be.
Kellestine looked over at the reporters he recognized and as polite as he had been throughout his lengthy jury trial, he shrugged his shoulders in resignation.
He knew what was coming. He knows where he's going.
And he knows what he lost.
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Oct 30
Bikers guilty of massacre
Posted by Reporters in Labels: Bikers guilty of massacre
"Do me. Do me first. I want to go out like a man."
THE VICTIMS
John 'Boxer' Muscedere, 48
Luis 'Porkchop' Raposo, 41
George 'Pony' Jessome, 52
George 'Crash' Kriarakis, 28
Frank 'Bam Bam' Salerno, 43
Paul 'Big Paulie' Sinopoli, 30
Jamie 'Goldberg' Flanz, 37
Michael 'Little Mikey' Trotta, 31
Six members of a Canadian motorcycle gang have been convicted of murdering eight fellow bikers found shot to death in deepest Ontario. John "Boxer" Muscedere told his killers: "Do me. Do me first. I want to go out like a man." Muscedere, who was betrayed by his best friend Wayne Kellestine, was one of eight men shot dead in a barn in Ontario. Their bodies were found on 8 April 2006 in three cars and a tow truck which had been dumped in a field near the town of Shedden, 14km (10 miles) from where they had been killed. Ironically several of the men - suspects in another murder case - had been under surveillance by the Ontario Provincial Police only hours earlier. All eight were associated with the Bandidos, one of North America's most notorious biker gangs and second only in power to the Hells Angels worldwide.
The motive for the bloodshed lay in a deep schism that had developed within the Bandidos' Canadian chapters. The victims were members of the Toronto chapter, who were sponsored by the gang's Scandinavian wing but were not recognised by the Bandidos' head office in Texas. Peter Edwards, a journalist with the Toronto Star and expert on the case, explained: "There was a chapter based in Winnipeg, Manitoba, who came under the auspices of Toronto. "But Winnipeg were not granted full patches by Toronto. They effectively had no job security and they grew really frustrated." The killers were led by Michael Sandham, a former soldier and police officer who became president of the Winnipeg chapter. He tried to claim that he had actually been working undercover for the police, but was unable to explain why he had initially denied being at the scene. Sandham was helped by Kellestine, an Ontario native who was allied with the Winnipeg chapter. The victims were lured to their deaths in his barn, after being told they would meet to settle their grievances. When police arrived, they found blood smears and pieces of flesh amid the detritus of a biker party - beer bottles on a table and Confederate and Nazi flags hanging on a wall. Kellestine and five of his buddies were arrested. Three years later they finally went on trial. The star prosecution witness was another Bandido, known only as MH, who testified about the events leading up to the killings. MH, who hailed from Winnipeg, told the court the original plan was to "pull the patches" of the Toronto members, effectively throwing them out of the Bandidos.
But Kellestine then decided they would have to kill all eight.
MH described a messy and farcical situation in which Kellestine frequently changed his mind about whether or not to let his rivals live and at one point allowed Muscedere to call his wife as long as he "didn't say anything stupid". He broke down as he described the stoic reaction of one of the men, Frank "Bammer" Salerno. "Bammer went to shake my hand. I didn't do it," said MH.
THE KILLERS
Wayne Kellestine, 60
Michael Sandham, 39
Dwight Mushey, 41
Marcelo Aravena, 33
Frank Mather, 35
Brett Gardiner, 25
MH said Kellestine had been promised that in return for carrying out the killings he would be named Canadian president of the Bandidos and could start up his own chapter based in nearby London, Ontario. But Mr Edwards, who has covered the trial, said the killers were disorganised and bungling. "They were at the very bottom rung of biker gangs. Some were in their 40s but still lived with their parents. They were not making any money, many of them had been rejected by the Hells Angels and half of them didn't even own a motorbike," he said.
Mr Edwards says they were forced to dump the cars with the bodies in because they were "too cheap to buy enough gasoline". "They didn't even set fire to the bodies or the cars," he says.
The massacre, and Thursday's convictions, have left the Bandidos effectively defunct in Canada. According to Mr Edwards, there is very little public sympathy for the victims because they were bikers, and Canada has seen a lot of biker wars in the past.
---------------------------
November 10 2009
Four Men Convicted in Bandidos Murder Trial Launch Appeals
Four men convicted in the mass slayings of eight men associated with the Bandidos biker gang have declared their intent to appeal their ``unreasonable'' and ``perverse'' convictions.
Wayne Kellestine, Dwight Mushey, ex-police officer Michael Sandham, Marcelo Aravena, Frank Mather and Brett Gardiner were convicted late last month of 44 counts of first-degree murder and four counts of manslaughter.
Kellestine, Mushey and Sandham were all found guilty of eight counts each of first-degree murder. Mather and Aravena were found guilty of seven counts each of first-degree murder and one count each of manslaughter and Gardiner was found guilty of six counts of first-degree murder and two counts of manslaughter.
They were all sentenced to life in prison with no chance of parole for 25 years.
Sandham, Mushey, Mather and Aravena have each filed inmate notices of appeal. Sandham and Aravena indicate they want to appeal their convictions, while Mushey and Mather write they wish to appeal their convictions and sentences.
``The 48 verdicts were perverse and make no sense,'' Sandham wrote in his notice of appeal, dated the same day the six men were sentenced in London.
Sandham also alleges the trial judge, Ontario Superior Court Justice Thomas Heeney, made several errors, including in his charge to the jury, the use of circumstantial evidence and not allowing self-defence.
Sandham admitted shooting one of the men, Luis Raposo, and Sandham and his lawyer suggested it was an accident, or alternatively, self-defence.
He also appears to take issue with the jury's deliberations, noting in his notice of appeal that although the judge's charge to the jury spanned two days, and that jurors heard from more than 70 witnesses and saw more than 500 exhibits, they returned verdicts after 1 1/2 days.
The six men were portrayed at trial as power-hungry schemers or wannabes gunning for status in the outlaw motorcycle club. The killings were preceded by months of rising tensions between the Toronto Bandidos, to which the deceased men belonged or were associated with, and the probationary Winnipeg chapter.
The bullet-ridden bodies of the eight men were found on April 8, 2006, stuffed into four vehicles on and around a rural property near Shedden, just kilometres down the road from Kellestine's farmhouse.
It's believed to be Ontario's largest mass slaying.
``The verdict was unreasonable and unsupported by the evidence,'' writes Mather, who also alleges he was ``wrongfully'' deprived of his lawyer of choice, when that person had to be recused.
In his inmate notice of appeal Aravena suggests several grounds of appeal.
``The trial judge erred by ruling that I could not advance the defence of duress,'' he writes.
In addition, Heeney erred by ``improperly restricting the cross examination of the main Crown witness,'' Aravena alleges, likely referring to a man who can only be referred to as MH.
MH was a Winnipeg Bandido who made the trip to Kellestine's farm with Sandham, Mushey and Gardiner and was present on the night of the killings. As the only person there during the massacre who isn't now dead or in jail, MH is an informant in witness protection.
-----------------------------------
Tuesday, November 10, 2009
Four men convicted in Bandidos biker gang murder trial launch appeals
By JANE SIMS, LONDON FREE PRESS
Last Updated: 10th November 2009, 1:29pm
Four of six men convicted in the mass murder of eight Toronto-area Bandido bikers have made the first steps toward appeals.
The Ontario Court of Appeal confirmed that three Winnipeg Bandidos — probationary president Michael Sandham, 40, secretary-treasurer Dwight Mushey, 41 and Marcelo Aravena, 33 — along with Frank Mather, 36, of Dutton-Dunwich have filed inmate appeal notices.
They, along with Wayne Kellestine, 60, of Dutton-Dunwich and Brett Gardiner, 25, who lived in Winnipeg, were convicted on Oct. 30 after a seven-month trial at the Middlesex Courthouse.
They were found guilty in the shooting deaths of eight members of the "No Surrender Crew" — the name given to the Toronto chapter of the Bandidos motorcycle club — on April 8, 2006.
All eight were shot at Kellestine's farm before their bodies were left abandoned in their own vehicles along a quiet rural road in Elgin County.
The men died because of an internal power struggle within the club. The Toronto group, which doubled as the national chapter, had fallen out of favour with its American world headquarters and was in conflict with the fledgling Winnipeg chapter it had sponsored.
Mather, who was living at Kellestine's farm at the time of the shootings, was first out of the gate with his appeal notice, placing it on file Nov. 3, just five days after he was found guilty of seven counts of first-degree murder and one count of manslaughter.
Mushey, found guilty of eight counts of first-degree murder filed his notice on Nov. 4.
Sandham, who was found guilty of eight counts of first-degree murder and Aravena, found guilty of seven counts of first-degree murder and one count of manslaughter, both filed their appeal notices on Monday.
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Tuesday, November 17, 2009
News Bandidos trial
Bandidos trial
Four serve notice of murder appeals
By JANE SIMS
Last Updated: 11th November 2009, 11:35am
Four of six men convicted for the mass murder of eight Toronto-area Bandidos have made the first steps toward appeals.
The Ontario Court of Appeal confirmed that three Winnipeg Bandidos -- probationary president Michael Sandham, 40, secretary-treasurer Dwight Mushey, 41, and Marcelo Aravena, 3 * -- along with Frank Mather, 36, of Dutton-Dunwich, have filed inmate appeal notices.
They, along with Wayne Kellestine, 60, of Dutton-Dunwich and Brett Gardiner, 25, who lived in Winnipeg, were convicted on Oct. 30 after a seven-month trial at the Middlesex Courthouse.
They were found guilty in the shooting deaths of eight members of the No Surrender Crew -- the name given to the Toronto chapter of the Bandidos motorcycle club -- on April 8, 2006.
All eight were shot at Kellestine's farm before their bodies were left abandoned in their own vehicles along a quiet rural road in Elgin County.
The men died because of an internal power struggle within the club. The Toronto group, which doubled as the national chapter, had fallen out of favour with its American world headquarters and was in conflict with the fledgling Winnipeg chapter it had sponsored.
The appeal notice forms were filled out at the Elgin-Middlesex Detention Centre. Sandham and Mushey, both found guilty of eight counts of first-degree murder, dated their paperwork the day after the convictions.
Sandham wrote that the verdicts were "perverse and made no sense." Mushey simply indicated to contact his Toronto lawyer.
Mather's paperwork from the jail is dated Oct. 31. In his grounds for appeal, he says he was deprived of his lawyer of choice and the verdicts "were unreasonable and unsupported by the evidence."
He directed any questions to a Toronto law firm.
Aravena's paperwork was dated last week.
He wrote that Superior Court Justice Thomas Heeney made errors in his charge and in his rulings.
No paperwork has been filed with the court for Kellestine or Gardiner.
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Tuesday, November 17, 2009
News Bandidos trial
Bandidos trial
5th man to appeal Bandidos murders conviction
By THE CANADIAN PRESS
A fifth man convicted in the mass slayings of eight men associated with the Bandidos biker gang has declared his intent to appeal.
Brett Gardiner was convicted last month of six counts of first-degree murder and two counts of manslaughter.
He has filed his inmate notice of appeal, on which he writes the verdict was “unreasonable and contrary to the evidence.”
Four other men convicted along with Gardiner — Dwight Mushey, Michael Sandham, Marcelo Aravena and Frank Mather — have already filed their inmate notices of appeal.
Wayne Kellestine, the man portrayed at trial as the mastermind of the murders, has not filed one, though the deadline has not yet passed.
The bodies of the eight men were found on April 8, 2006, stuffed into four vehicles on and around a rural property in southwestern Ontario, just kilometres down the road from Kellestine’s farmhouse.
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Friday, November 20, 2009
News London
Kellestine to appeal Bandidos conviction
By Free Press news services
All six men convicted of multiple murder in the deaths of eight Bandidos bikers will appeal.
Wayne Kellestine, 60, convicted of eight counts of first-degree murder last month, filed an inmate notice of appeal this week.
He is taking issue with evidence allowed at his trial.
Kellestine is one of six men charged and convicted with the murders of eight Bandidos bikers. The murders took place on Kellestine’s farm in Shedden in April 2006.
Kellestine’s appeal notice says Nazi paraphernalia he owned shouldn’t have been used against him during the murder trial.
During the trial, the jury was shown videos and pictures of the barn in which the eight men were held and then eventually led out of and shot.
A large Nazi flag hanging in the barn was prominent in many of the pictures shown before the court.
The jury also heard that during the murderous night, Kellestine sang a German anthem and danced.
In the notice filed with the Ontario Appeal Court, Kellestine writes that the judge erred in allowing “the German swastika flag” to be used as evidence of his character.
He also alleges the judge erred in “refusing to give a warning on the dangers” of co-accused Michael Sandham’s evidence.
Sandham, a former police officer from Manitoba, testified to his version of events on the night of the murders, placing the lion’s share of the blame on Kellesteine.
Sandham admitted on the stand that he’d previously lied to police when he told them over and over again – more than 200 times – that he wasn’t at Kellestine’s farm on the night of the murders.
The other five men convicted for the murders have already filed notices of appeal.
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CAN)Lessons Learned from Tweeting a Biker Gxxx Trial
Mediashift
We fell into Twitter somewhat accidentally in our newsroom at the London Free Press in Ontario, Canada.
The Bandidos biker gang trial was going to be a big one for the Free Press. We'd extensively covered the crime when it first happened: eight bikers from Toronto found dead on a rural road near London, and six men charged with eight counts of first-degree murder. None of us was likely to see a trial of this caliber again anytime soon, and it turned out we also got to be groundbreaking in the live-tweeting arena as well.
When I first signed up for Twitter, about a month before the Bandidos trial started, I was riveted by the Winnipeg Free Press' in-courtroom tweeting of the trial of Vince Weiguang Li, the accused in the case of the Greyhound bus beheading. Call me morbid, but I thought the Bandidos trial would be just as perfect to tweet. It had a compelling cast of characters, a judge who was willing to let media use the Internet in one of the courtrooms, plenty of visual evidence, and all kinds of drama built right in -- the biker gang lifestyle is a big draw.
Planning Coverage
We decided our regular court reporter, Jane Sims, would cover the trial from the main, high-security courtroom. Members of the media had already asked and been approved to use electronics in the overflow courtroom. This room wasn't quite as secure, and the proceedings were available for viewing on two television screens. One showed the jury and witness box, and the second showed the six accused bikers and the lawyers. A third screen was hooked up to the computers that were used to display evidence, such as photos and videos.
The only time journalists weren't allowed to tweet from the overflow courtroom itself was during the testimony of M.H., the [prosecution] witness who is in the witness protection program. Electronics weren't allowed at all during his testimony. During his week on the stand, I'd listen to the evidence and then run out of the courtroom with my BlackBerry to type a tweet. It was exhausting, and my coverage wasn't as in-depth as it could have been.
At first, I tweeted the opening arguments on my BlackBerry. The tiny keyboard made for lots of typos and mistakes, though, so the newsroom invested in a Rogers Rocket Stick, which enabled me to use a laptop for the rest of the trial. As the trial progressed, more people started paying attention, and more and more followers started interacting with me and John Miner, another Free Press reporter, who tweeted in my absence. Sims, our court reporter, also occasionally tweeted, but she was usually in the main courtroom, and working on the daily stories.
Response to Tweets
Twitter users responded to the tweets, especially those that put them right inside the courtroom. I couldn't tweet actual pictures of evidence, but I could get people as close as possible. If the [prosecution] was talking about a particular caliber of gun, for example, I'd Google the gun, find an image, and tweet a link to it. Being limited to 140 characters, tweeting links was often a good way to let people know what was going on in the courtroom. We also used links to direct people to the Free Press' website, where we had videos and picture galleries that showed things we couldn't put in the print product.
Eventually, I started corresponding with bikers from New Zealand, British Columbia, Australia and Texas. (The latter is the Bandidos' North American headquarters, and a lot of the evidence related to Texas.) A lot these followers knew the accused and the dead, and others were just curious observers.
Sims has since done interviews with some of the bikers who were mentioned during the trial but were never arrested. It was really interesting to be speaking to guys who knew the ins and outs of the organization that was being exposed on the stand.
Consistency a Challenge, Lessons Learned
The biggest problem we encountered was consistency. I went from a couple dozen followers at the beginning of the trial to more than 1,000 by the end. (Of course, I'm not sure how many people were following the day-to-day of the trial.) Sometimes, I just couldn't be in court. I had other assignments or I had days off. It was a lot for the Free Press newsroom to lose two reporters from the daily rotation. But if the editors and reporters decided we wouldn't tweet a certain part of the trial, the followers would get very angry that we weren't there.
I felt bad that we couldn't always be there to cover the proceedings. Telling them to "go follow John for the day" didn't really work and, in retrospect, next time we'll create a trial-dedicated Twitter account, even though the personal aspect of interacting with a reporter with a name would be lost.
Having one reporter covering a trial and another sending the tweets is essential, though. I thought of myself as the play-by-play announcer and Sims as the analyst after the game. Thinking of how to write something quickly, coherently and engagingly in 140 characters is enough of a challenge without having to analyze the overall picture for the next day's paper, too.
At first I took notes, then typed them into the BlackBerry. But as I got a feeling for what 140 characters looked like, and learned which words I could cut out and what I could abbreviate, I just typed the tweets directly into Twitter. (I used TweetDeck on the laptop.)
Eventually, I knew what would make a good tweet -- a lot of information, written succinctly. Followers would often ask for specific information: what the accused were wearing, their facial expressions, etc. I couldn't really see their faces, so I got Sims to fill me in on breaks, and then I'd tweet the info.
Having someone tweet an entire trial is certainly an investment -- you have a body that is producing for the web, but not for the next day's paper. It challenges the traditional way of thinking about court reporting.
Huge Potential
In my view, the potential for Twitter is huge. By using it, we were first to report the verdicts, for example. It offers a way to get people into the courtroom (or City Council chambers) in a way that you can't with print. We interacted with people we never would have tracked down if it hadn't been for tweeting the trial, and we interviewed them for more in-depth stories after the court case.
A final note: anyone from London could have come into the courtroom and tweeted their hearts out. Not a soul did. It takes time, it takes effort, it takes knowledge of the law (knowing not to tweet developments that occur when the jury isn't there, for example).
In my opinion, it's another way that journalists and media outlets can differentiate themselves from the pack.
Kate Dubinski is a reporter and occasional columnist for the London Free Press in Ontario, Canada. She is @KateatLFPress on Twitter.
---------------------------------------------
Cold blood among Canadian Bandidos
By Geoff Nixon, CTV.ca News Staff
Date: Sunday Feb. 7, 2010 7:16 AM ET
Imagine an outlaw motorcycle club whose members can barely afford to pay their cellphone bills.
The Toronto president is a Jenny Craig client and an elder member is a terminally-ill cancer patient looking for companionship while he waits to die. Another guy is too fat to ride a conventional motorcycle.
Other clubs turn down the chance to join this crew and several members take it upon themselves to quit. Existing members squabble to the point where they can't agree on how they should design their club Christmas card. The group is so inept, that it is on the edge of being kicked out of its parent organization -- one of the biggest biker clubs in the world.
These are descriptions of the same Bandidos chapter which saw eight of its members slaughtered at an Ontario farmhouse nearly four years ago, in the worst mass-killing in provincial history.
The story of how they came to die is detailed in "The Bandido Massacre," a newly released book by Peter Edwards, a Toronto Star reporter who covered the story since it hit the front page in April 2006.
Their quest to wear what Edwards describes as "leather sandwich boards" with Bandidos logos, is a story that is both sad and compelling for readers trying to understand how they became involved in such a dangerous situation.
In a recent interview, Edwards told CTV.ca that it's a story of a group of grown men "who should have stepped away and didn't."
Bandido living
Four years ago, the rollcall of the doomed Bandidos members sounded like the line-up card of a beer league softball team: Bam Bam, Big Paulie, Boxer, Crash, Chopper, Goldberg, Little Mikey and Pony.
Most of these guys were relatively new to the biker scene and they didn't have much luck drumming up respect, despite the Bandido logo they wore on their backs.
Some of them were catching the wrong type of attention, with police frequently watching the crew for their suspected involvement in the murder of a Keswick, Ont., drug dealer.
They were on the verge of being kicked out of the worldwide biker club and were the target of frequent email rebukes from upper-level Bandidos in the southern U.S.
Several of the eventual victims had grumbled about getting out of the rag-tag biker crew, the types of guys Edwards said had the potential "to grow out of" the biker lifestyle.
But they didn't.
"These guys totally brought it on themselves," said Edwards, noting that it was not the police, nor the Hells Angels, who brought them down. Instead, it was members of their own club, who were supposed to be their friends.
The farm
The demise of these eight men took place at a farm property in Iona Station, a small Ontario hamlet located more than 200 kilometers southwest of Toronto.
The property was owned by Wayne "Weiner" Kellestine, a long-time biker and fellow Bandido who was well-known to police by the time the eight murders took place in his barn.
Bodies had twice turned up near his property over the years and Kellestine had served time in prison. He'd also survived an assassination attempt.
In his personal life, Kellestine once shot his ex-wife with an air gun "for a joke", Edwards reports in his book. On another occasion, Kellestine threatened to shoot a DJ in the foot for playing rap music instead of Lynyrd Skynyrd at a Toronto club.
His home had a similarly creepy vibe, according to Edwards' description.
Inside the main floor of his farmhouse in Iona Station, Kellestine decorated a room with Confederate and Nazi flags and other racist memorabilia, a collection Edwards describes as "a shrine of sorts to violent losers." It was also filled with weapons, which Kellestine was banned from possessing.
t was in his junk-filled barn where his eight brother Bandidos would be ambushed and marched to their deaths.
But overall, Kellestine's farm was a place where his biker friends had travelled many times before, where they felt safe, and where they would let down their guard.
A day of death
The Bandidos converged on the Iona Station property on the night of April 7, 2006.
The bikers travelle to the farm to attend what they called a church session -- a mandatory meeting for club members, where they hashed out club business.
But they didn't know that other Canadian Bandidos had made their way to the farm from Winnipeg. They were hiding at various points around the property, waiting for their Ontario brothers to arrive.
An ambush ensued, the eight Toronto Bandidos were caught off guard and within hours, they were marched, one-by-one, to their deaths in the cars parked outside the barn.
By the end of the night, Jamie Flanz, 37; the terminally-ill George Jessome, 52 ; the recently-married George Kriarakis, 28; Luis Raposo, 41; Frank Salerno, 43; young father Paul Sinopoli, 30; recent recruit Michael Trotta, 31; and their leader, factory worker John Muscedere, 48, lay dead.
Their killers drove down the road and parked the cars carrying the victim's bodies in a farmer's field about 14 kilometres away from Kellestine's farm. They didn't drive very far because one of their makeshift hearses -- a vehicle that victim Flanz drove to the farm while being trailed by police -- ran out of gas and it was already past dawn by the time they went to cover their tracks.
The bodies were found by mid-morning and police began an intensive investigation that eventually saw six suspects convicted of 44 counts of first-degree murder.
The aftermath
With so much wasted life and wanton violence in the Bandido massacre story, it's a tale of an unfortunate brotherhood with violent members.
"I didn't set out to write a cautionary tale," said Edwards. "In the end, that's where I ended up."
The bottom line is that for the eight slain Bandidos, they joined a club they thought would bring them brotherhood.
Instead, the slain bikers' membership brought them less freedom, unnecessary stresses and tickets to an early grave.
The people who killed them wanted to gain control of a dysfunctional club, in what was described in court as an internal cleansing. But it's still hard to understand how eight people could be wiped out in a single night by people they thought were their friends.
"This one, here, you have to get to the core of madness to understand what happened," said Edwards, summing up a mass murder that served little benefit to the biker world.
For now, the six men convicted of killing eight of their so-called brothers wait to return to court. Each one -- Marcelo Aravena, Brett Gardiner, Frank Mather, Dwight Mushey, as well as Sandham and Kellestine -- has appealed their convictions on eight counts of first-degree murder.
A seventh member of the killing party became a Crown witness and now lives under a new name. He was identified only as M.H. at trial.
Kellestine based his appeal in part on the judge's decision to allow Crown prosecutors to show jurors a picture "the German swastika flag" hanging at his house.
Edwards said he considers Kellestine "a joke" whose image he did not want to build up when writing his book.
"I wanted people to laugh at Kellestine, not fear Kellestine," he said.
====================================================================================================================================================================
Saturday, September 26, 2009
Bandidos Trial Tweets - Daily Accounts
Bandidos Trial Tweets twittered live from the courtroom as they are spoken. A big "Thank You" goes out to Kate "Smokin Thumbs" Dubinski, a reporter from the London Free Press, who is twittering the coverage of the Bandidos trial on her Lap Top Computer/Blackberry when she can.
All the tweets from the trial are pasted here but a lot wasnt tweeted due to lack of bodies by LFP. I find the read being damn interesting. Should make an interesting movie one day.....
===================
Tuesday, March 31, 2009
* Bandidos Fact: One judge, five crown attorneys, 13 defense lawyers. One reporter tweeting for the world to see.
*Jury coming in
*Crown's opening statement: quiet Sat morning April 8, 06; four cars, eight dead men. Eight men's pics (+nicknames) on display for jury
*All eight dead men part of Toronto Bandidos chapter. Had gone to Wayne Kallestine's farm for meeting.
*Some of TO Bandidos members were under police watch for unconnected murder, crown sez.
*Seven out of eight dead men found with heads covered stuffed in cars; one found wrapped in carpet in trunk of car.
*When police search Kellestine's barn, find evidence of cleanup, floor wet with red stains. All eight men were shot, most in head.
*One of Winnipeg Bandidos had car detailed, replaced tires, etc., crown sez.
*Winnipeg Bandidos wanted to be full fledged chapter, but only Kellestine supported them. Winnipeg needed Toronto approval, crown sez
* Kellestine + Winnipeg Bdos wanted to pull the patches of Toronto Bandidos, jury will hear. Toronto Bandidos called to meeting at K's farm
* TO members arrive, go to barn, where Wpg Bandidos waiting hidden, armed. Shots ring out, several men shot.
* TO Bandidos searched, patted down by Kellestine et al, Crown sez - one by one, TO guys taken outside and shot
* "There was no gunfight. One by one, the victims were taken to their deaths," Crown Kevin Gowdey tells jury.
* Not every accused shot someone, but each somehow helped in the killing, crown sez.
* Convoy drove dead bandidos as sun rising, but one car ran out of gas, so they stopped on Stafford Line and left, crown sez.
* Kellestine starts bonfire of dead men's possessions, divies up money taken from dead eight, Winnipeg Bandidos go home, crown sez.
* 20 minute recess (I love recess - it's like we're in grade school :)
* Bandidos Fact: The overflow courtroom, 602, is being used for the first time today. Used to be the Middlesex County Bar Law Library.
* Recess over. Court back in session. Crown talking about future witnesses, evidence, etc. "A roadmap" for the jury being presented.
* Jury will see hundreds of photos, diagrams and maps. "Bandidos is not a democracy," crown says. "The power lies in Texas."
* Months before Bandidos killings, Texas club says TO Bandidos not meeting obligations, asked to return patches to Texas.
* TO Bandidos didn't return Bandidos property, refusing the order. Texas said they weren't pulling their weight.
* Bandidos Fact: Patches are signs of membership and power in motorcycle clubs. Your patch is pulled, you're no longer a member/no power
* Jury will hear from biker/Bandido expert. Also will hear from police informant, who can be IDed only as MH (former Wpg Bandido).
* Crown tells jury they'll see a videotaped tour of Wayne Kellestine's barn and house. Will also hear from bloodstain pattern expert
* Jury will hear from firearms/ballistics experts, crown says - one gun found hidden in heat ducts, another two in secret kitchen spot
* Many conversations amongst accused were recorded and jury will hear them, crown says. DNA evidence will also be presented.
* On one gun, blood of five victims found; on another gun, blood of three other victims found, crown tells jury.
* Crown's opening winding down.
----------------------------------
Wednesday, April 01, 2009
*First witness takes the stand. It's OPP Const. Ross Stuart, an identification officer.
*Stuart was called after four vehicles found with bodies in them by Elgin OPP. He took pictures of the scene. Pics to be shown to jury
"These photos will be of a gruesome nature," court warns jurors
*Bandidos Fact: Slight lull in proceedings as lawyers, etc. figure out computer system.
*Stuart says "a significant amount of blood-like staining in rear of vehicle" and on man in back seat of one car.
*Could see "obvious gunshot wounds" to man's forehead and head area, constable testifies
*Another "deceased individual" on rear bench seat of tow truck, covered in plaid blanket, blood on clothes, cowboy boots, const. says
*Another dead man in volkswagon hooked up to tow truck, in front driver's seat. Gunshot just below left ear, Const. Stuart says
*Another dead man in Volks, this one in passenger seat. No obvious gunshots, but blood around face, Stuart says
* Rear hatch of Volks opened by Stuart, where he sees soles of shoes, head and shoulders of man wrapped in a multi-coloured rug
* Fourth car (Infinity SUV) in farmer's field. In rear hatch, dead man in fetal position, Stuart says. Gunshot wound to left temple
* Stuart says he finds two more dead man, both in back seat of SUV, both with gunshots to ear/temple area
* Total: four cars, eight bodies. 20 minute recess in court proceedings
* Jury is back. Const. Stuart back on the stand. Will now talk about identifying the cars and bodies
* Envelope addressed to Mr. and Mrs. Michael Trotta found in Pontiac Grand Prix. Trotta was one of the victims.
* In Silverado tow truck, tow truck drivers license of George Jesso found, Stuart says
* In VW Golf, drivers license and vehicle ownership of Louis Raposo found, Stuart tells jury. Raposo one of the victims
* Stuart says also in Golf police find black Bandidos vest (under seat) and large silver ring with "1%" engraved on it.
* Police find an email printout between someone named "Taz" (nickname of accused Michael Sandham) and "Chopper" (nick of victim Raposo)
* Police also find a list of nicknames (Chopper, Boxer, Paulie, Crash, etc). with dollar amounts beside them in Golf, says Stuart
* Infinity SUV: College ID etc. with name Jamie Flanz (one of the victims) found; license of Trotta found in pocket of dead man.
* Stuart says: In Grand Prix: Jamie Flanz. In Golf: George Kriarakis, John Muscedere, Luis Raposo (in rug). In tow truck: George Jessome.
* Stuart says: In Infinity SUV: Michael Trotta, Paul Sinopoli and Francesco Salerno
* Now the defense counsel has a chance to cross-examine OPP Const. Ross Stuart
* Bandido Fact: Court officials will try to get a TV into the overflow room that will show us the exhibits (incl. photographs) up close
* RT MikeatLFPress New Bandidos video detailing the victims and the scene where their bodies were found: http://is.gd/q7tM
* Jurors (and the rest of us) break for lunch. back at 2:15 p.m.
* Jury, etc. back. Tony Bryant, lawyer for Marcelo Aravena, cross-examining OPP Const. Ross Stuart re: list of nicknames found in car
* Also questions of Stuart re: another list found in Raposo's bedroom later in the investigation
* Lawyers for some of the accused asked questions of Const. Ross Stuart. Now last lawyer's turn: Clay Powell, for Wayne Kellestine
* Stuart says the Silver Infiniti SUV was the one that was running out of gas, forcing the convoy of cars to pull over on Stafford Line
* 20 minute afternoon recess
* Jury back. They're going to hear "admissions" - statements the accused admit are facts. Those facts will then be taken as givens.
* Admission One: Wayne Kellestine's nicknames are W and Wiener. His farm is at Aberdeen Line in Dutton-Dunwich
* Admission 2: Michael Sandham's nicknames are Taz and Tazman. He lived in Winnipeg with his spouse; sent emails under name John Smith
* Next witness takes the stand: Mary Aartsen. Works at Flying M truck stop
*Witness says she drives along Stafford Line to work around 5:45 a.m. She says she saw no cars on Stafford Line on April 8, 2006
*Witness dismissed. Next witness: Janet Shelley asked to take the stand
*Shelley is newspaper delivery person for the St. Thomas Times Journal. Delivered paper to Stafford Line on morning of April 8, 2006.
*Witness says she saw what looked like a silver pickup truck down the road from the a property where she delivered the paper.
*Witness dismissed. Next witness Allison Debuck. She was on Stafford Line on April 8, 06 taking daughter to a basketball tournament
*Debuck says she saw three cars at 6:50 a.m.: one backed up in ditch, another a tow truck with third vehicle attached
*Witness dismissed. That's it for the first day of testimony in Bandidos trial. Back again tomorrow at 10 a.m.
----------------------------
Thursday, April 02, 2009
*Testimony in Bandidos trial about to begin. Sadly, the big TV in overflow court is broken, so we have a tiny 1970s TV
*First witness is Mary Steele. She and her husband own the property on which some of the four cars with bodies inside were found in 06
*Quiet Saturday morning, Mary and husband having breakfast. Get phone call from neighbour who says lots of cars on their property.
*They go to check the vehicles, see the first car (Grand Prix). They watch CSI so decide not to touch anything but peer in car window
*Can't see anything in the front seat, but see something covered by blanket in back seat. Go to next set of cars, tow truck and VW Golf
* Mary Steele and husband call 911, say something is strange. "Then curiosity got the best of us, so we went back," she says.
*The Steeles see another car in a field, go there, it's frosted over. They go back and call 911 again
*First light moment in courtroom: "My husband was telling the first officer how to do his job," Mary Steele says to laughter from court
*The Steeles thought maybe the cars were stolen, or else someone had been drinking and just parked on their property, Mary testifies
*Mary Steele will now be cross-examined by Clay Powell, the lawyer for Wayne Kellestine
*Mary Steele dismissed. Next witness is OPP Const. Karl Johnston, who was called to Stafford Line about some abandoned vehicles.
*Const. Johnston says he arrives, goes to car, sees something. Goes to next car, sees a male with injuries, calls for backup
*Johnston fully opens hatch of VW, sees "a man in the fetal position." Calls for backup and waits for other officers and paramedics
*Johnston: When paramedics arrive, they check the men found by the officer and tell him they are "vital signs absent
*Johnston examines Infiniti hatch: "I saw a male with possible gunshot wounds with tattoos on his right arm and more on his left wrist
*Bandidos Fact: I can see a reflection of the media area in the 12th floor courtroom on a TV screen. They don't know I can see them
*Bandidos Fact: Those in the know at the courthouse get Barrister's sized coffees. They're small enough to drink on the short recesses
*Const. Johnston being cross-examined about who went into the Infinity after bodies were found, who touched what.
*Johnston dismissed. Next cop on stand: OPP Const. Jeffrey Chandelier. He was second officer on the scene
*Chandelier approaches Infiniti in field. Sees two men in back seat, "almost leaning against each other . . . appeared to be lifeless
*Chandelier fully opens hatchback of Infinity, sees "large male with obvious trauma to his head" with a gunshot wound to right eye area
*Chandelier has to use flashlight to look in rear of tow truck, where he sees a man slumped over and "blood on the floorboards."
*Bandidos Fact: The retro TV we have in the overflow room is making today's proceedings very hard to hear. Media starting to get antsy.
*RT @MikeatLFPress New Bandidos video focusing on the accused and Kellestine's farm: http://is.gd/qjZy
*Const. says two men seen running through the bush about half an hour before police got to scene, but officers don't know who saw them
*Bandidos Fact: Overflow court 602 today occupied by: 5 young police officers, 4 reporters, 2 court officers and 1 member of the public
* First after-lunch witness: OPP Gordon Pruce, who arrived after the first two constables. He's taking the jury through what he saw
*Correction: The officers name is Gordon Bruce. He's now off the stand and next witness, paramedic with Elgin EMS, is up.
*Paramedic Lee Restorick checks pulses of three men in Infiniti SUV, all three "cold to the touch," vital signs absent (VSA).
*Restorick returns to road and is asked to check on more bodies in VW. Checks men under blankets on driver's side and passenger's side
*Restorick checks on man in VW trunk, wrapped in rug. "He was very cold," he says. No vital signs, joints stiff
*Paramedic says it was "shocking" to arrive at such a scene.
*Paramedic now being cross-examined about footprints around SUV. He made diagrams in his notes of the scene
*Body in VW hatch and body in SUV hatch were both cold to the touch and rigor was starting to set in, paramedic says. He's dismissed
*Const. Ross Stuart back up on the witness stand. Jury's been told he'll testify a number of times during the trial.
*To preserve evidence, vehicles were removed from Stafford Line with bodies of men still inside, Stuart says
*The cars with bodies were taken to Ross' Towing in London, which has a secure indoor compound used by police, Stuart says
*Stuart now testifying about each of the dead men's injuries and process of autopsies. Jury will see more graphic pictures
*First ID is Jamie Flanz. Shown pics of tattoo on his back (skull held in skeleton hands holding revolvers).
* Flanz: Cause of death is two gunshot wounds to the head, Stuart testifies
* ID 2: George Jessome. Three gunshots: under left ear, near left temple and near left nipple area of chest. Injured on right wrist
*Jessome: Cause of death is two gunshot wounds to the head and one to the chest, Stuart testifies
* ID 3: George Kriarakis. Tattoo on chest of word CRASH with flames; tattoo on back of two men wearing sombreros holding guns, machete
* Someone in the public gallery of the courtroom broke down during the presentation of Kriarakis' injuries. We are now in a brief recess
*Kriarakis' other tattoos include "No Surrender" ink and "1%" in diamond shape. Injuries: two gunshots to side of head, one to face
* Kriarakis' injuries: 4 gunshots to head, shoulder, left chest, lower right abdomen. Cause of death: gunshots to head and into brain
* ID 4: John Muscedere: tattoo of sombrero guy with revolver/machete, No Surrender Crew, words Crazy horse, Stuart says
*Muscedere's injuries: gunshots to right ear, below right eye, lower right torso/stomach. Abrasions on chin, teeth, knees
*Muscedere's cause of death: gunshot wounds to head and torso, Stuart says
* ID 5: Luis Raposo: Tattoos with CHOPPER 1%; man with machete wearing a Sombrero
*Raposo's injuries: right middle finger amputated, multiple injuries to upper chest, gunshot to right arm, injuries to left hand
*Raposo's cause of death: gunshot wounds to neck and chest, says Stuart
* ID 6: Michael Trotta. Injuries: gunshots to top of head, upper chest, right temple. Exit wound through right cheek, abrasion above eye
*Trotta's cause of dath: gunshots to head and brain, says Stuart
*ID 7: Frank Salerno. Injuries: 3 graze gunshots to right leg, outer left hand. Lacerations over nose, abrasion on cheek
*Salerno's injuries: gunshots to top of nose, right cheek, right ear, right middle finger, right thigh
* Salerno's cause of death: gunshot wounds to head and brain, Stuart says
* ID 8: Paul Sinopoli. Tattoos include "Bandidos Canada," "1%," man in sombrero with machete and revolver
*Sinopoli's injuries: graze gunshot wound to thigh area, gunshot wound to left eyebrow and to left temple/ear
*Sinopoli's cause of death: gunshot wound to head, Stuart says
*Jury told the pathologist, not Const. Stuart, is the one that can testify to the cause of deaths
*That's it for today. The jury is excused. Back again tomorrow at 10 a.m
--------------------------------
Friday, April 2,2009
*This morning we'll get a photo tour from Const. Ross Stuart of some of the victims' homes, searched after they were found dead in 06
*First house is Luis Raposo's, in TO. We see pics of Bandidos shirts, an email about a hydroponic growing system, Bandidos belt buckles
*The man wearing a sombrero holding a gun and revolver will henceforth be called The Fat Mexican, lawyers agree
*Now we move onto the TO home of George Kriarakis. Seeing pictures of Bandidos pink tank top, belt, thong-style underwear
*Bandidos Fact: Police took more than 6,000 photos and collected 3,700 exhibits during their investigation, Stuart tells the court
*Now we're looking at pics from John Muscedere's TO apt. Includes belt buckles, t-shirts, emails, photos and Bandidos Christmas cards
*We're now inside Michael Trotta's home in Milton. Has Bandidos t-shirts, a "PROSPECT" patch, 1% ring, list of "club phone numbers
*Frank Salerno's Oakville home. Shown pics of Bandidos business cards, stickers, ring, black leather vest w/ patches removed, etc
*In Salerno's car (on the back seat), police found a .32 caliber Mauser pistol, tucked into a Sony digital camera box.
*Bandidos Fact: There are very prescribed rules about what can and can't go on a Bandidos vest and other clothing (and where).
*Gun found in Salerno's car is a Mauser 1914 caliber 7.65mm (.32ACP)
*Today's Bandido overflow court roundup: Three London cops, three print reporters, two OPP officers, one court officer. Zero public
*We're about to hear two intercepted calls (they're about 15 to 20 minutes). The jury will have transcripts, but we won't. Here we go...
*First call placed April 5, 2006, between Sharon Acorn and Wayne Kellestine.
*Bandidos Fact: Intercepted phone calls are very, very difficult to understand.
*I have no idea what they are talking about on these intercepted phone calls. Have heard lots of swear words
*Imagine two or three people who all sound the same, on a cell phone, garbled and crinkly. That's what I just heard
*Next witness is OPP Det. Sgt. Jennifer Lockhart, from the technical support section. Maybe she'll shed some light on the wiretaps!
*Lockhart is talking about affidavits she draws up to get approval for wiretaps. The people they listen to are called "primary targets"
*Lockhart was a "backroom supervisor" on Project Douse, where Durham cops were listening to wiretaps re: homicide of Shawn Douse
*When phone is tapped "monitors" hired to listen live to all calls, summarize everything. It's being taped. Calls are transcribed after
*Two victims, Jamie Flanz and Paul Sinopoli were "primary targets" of wiretaps during Project Douse investigation.
*Det. Sgt. Lockhart is going through how each voice on some of the intercepted calls were identified
*Interesting: mundane conversations (for example, to Rogers call centre) is how police able to identify the voices of some of the men
-----------------------------
Tuesday April 14 2009
*Judge reminds jury that they must find their verdict "without prejudice or sympathy." Now Det. Sgt. Jennifer Lockhart back on stand.
*Jury will now hear "the victims' trip to the farm for a meeting" -- intercepted phone calls between victims and accused (28 convos)
*Jamie Flanz calls Paul Sinopoli (both vics), talking about going to a meeting. Next convo: Sinopoli calls John Muscedere
*These calls are made April 6, 2006, one day before meeting. Sinopoli says he's very sick, bleeding in stomach, can't keep food down.
*The wiretaps the day of and the day before the meeting at Kellestine's farm, are about bleeding ulcers, Tragically Hip tribute band.
*Flanz and Sinopoli talking day of meeting on phone. Sinopoli says he's very sick with stomach problems, might not come to meeting
*Sinopoli says he's wanted at meeting to "take care of club shit." Flanz says he wants him to come.Sinopoli then calls George Kriarakis
*Sinopoli says he's really in pain, his stomach is really hurting. Frank Salerno calls him, tells him to "get himself to church."
*Salerno says Sinopoli "on his last legs." Tells him "you're almost out the door. Get yourself to church tonight. I'm telling you."
*Bandidos fact: "Church" is the word used for meetings with fellow Bandido members.
*Salerno tells Sinopoli to bring $$$ he owes for dues to church. Sinopoli told by unknown man "it's very important everybody's there."
*Sinopoli calls Kellestine, who after brief exchange breaks into song: "It's now or never. Hold me close."
*After several phone calls, people are making their way to Kellestine's farm for "church."
*At 8:27, on April 7, 2006, hours before they were killed, John Muscedere and Jamie Flanz are talking about driving to London on 401
* "I'm going to church tonight . . . We call it church because we meet once a week," Sinopoli tells woman he calls the night of meeting
*Jamie Flanz, driving from TO to London, seems to have trouble finding rest stop Muscedere wants him to stop at, outside of Woodstock
*10:18 p.m.: Flanz calls Muscedere, who is with Kellestine (accused) and Sinopoli. Muscedere says he's just arrived at Kellestin'e farm
*A man named Frank (Frankie) Fugaccia, is a hangaround, the jury hears. He's taped in some of the wiretap conversations.
*Where we left off: Flanz + Muscedere have just arrived at Kellestine's farm. Sinopoli is already there. It's April 7, 2006, 10:18 p.m.
* All's quiet in overflow court. Just me, two London cops and the best damn court officer in London. Plenty of cushy benches left.
*Bandidos fact: The wire taps were part of Project Douse, a police investigation into murder of Shawn Douse, 35, killed in Dec. '05
* Bandidos fact: Cops intercepted 60,000 calls for Project Douse. 1,086 dealt with drug activity; 172 were useful for Bandidos trial,
*Jamie Flanz was one of the targets in Project Douse wiretap investigation, that's why his phone calls were being taped.
* In March, April 2006, Sinopoli was communicating with man named Allan Brake, a known member of the Hell's Angels, one lawyer says
*Lawyer, police officer say Bandido (Sinopoli) communicating with Brake (Hell's Angel) is "unusual."
* Kellestine sings in one wire tap. He says it's Roy Orbison. I'm pretty sure it's Elvis. Either way,
*The name Dwight Mushey (one of accused) never came up during Project Douse murder investigation, lawyer confirms with witness cop
*Douse was killed in Jamie Flanz's house, according to investigators: lawyer.
* Adjourned for the day. Back tomorrow. Not sure who is up on the witness list, but the wiretap police officer is officially dismissed
------------------------------------
Wednesday April 15 2009
* First witness up: Anh Dieu, Ottawa Police investigator. We're getting right into it today!
* Dieu was called to investigate an abandoned vehicle in an Oakville strip mall parking lot on April 8, 06. He finds a 1988 brown BMW.
*Jury shown photo of BMW. It's same photo shown before: the car that cops found a gun in (victim Salerno's car; with .32 pistol inside)
*Next witness: Sgt. Gordon McDowell, Durham Regional Police, doing surveillance for Project Douse (murder of Keswick drug dealer).
*McDowell was doing surveillance on Jamie Flanz (one of the victims), whose home Douse was found in back in 2005.
*April 7, 06, cops start watching Flanz before 1 p.m. Leaves house around 6 p.m. in Infiniti SUV, picks up someone, driving to 401.
*Police follow the Infiniti SUV to Highway 401, pull over at Sweaburg truck stop. Cops lose SUV around 9 p.m.
*Police officers pull over for gas at Esso gas station on 401, see Flanz, Sinopoli and two other guys talking to each other, eating.
*Sinopoli, Flanz, get back into Infiniti. Two other guys get into a VW Golf. Two cars leave in a convoy. Police start following again.
*10:09 p.m.: Police keep following Infiniti, through London, to Iona Road. At 10:14 p.m., SUV pulls into 32196 Aberdeen Lane.
*Surveillance Fact: Officers in multiple cars are in contact by radio. There's one Central Note Taker, does all writing of observations
*The farm at Aberdeen Lane is very open, so officers can't get a "direct eye" on it without risking being exposed, McDowell says.
*McDowell: Officers couldn't go on the property because knew there were dogs that "weren't your average dogs . . . They were vicious."
*McDowell: Surveillance successful, officers remained undetected. Ended surveillance at 12:30 a.m., shift done at 4 a.m. (~16 hour day)
*McDowell: Other police teams don't get told about surveillance because the more people know, more cops are likely to be discovered.
*Google "32196 Aberdeen Line" and see what comes up. Interesting .
*McDowell now being cross examined by the defence attorney's of the six men accused.
*Durham surveillance team sees cars pulling onto Aberdeen Line but not leaving: Silver Infiniti, a pickup truck, tow truck among them.
*Five cars total seen pulling onto Aberdeen Line but not leaving: Infiniti, dark pickup, Pontiac Sunfire, a dark car and a tow truck.
*York police following Sinopoli; Durham following Flanz. Durham cops (in five cars) take over surveillance of Flanz/Sinopoli April 7
*McDowell under cross examination: none of the officers who ended up outside of Kellestine's farm heard any gunshots before they left.
*Next witness: OPP Const. Terry Graham. Front line officer, on duty April 7, 2006. Began shift at 6 p.m.
*Graham was patrolling around 11:30/midnight when he saw a minivan parked on side of road in area of Aberdeen Line. Pulls up behind it.
*Graham checks the plate, goes to passenger side, the window comes down. He says he's a cop, the person inside says he's a cop, too.
*Graham asks Durham officer if he knows that the person who lives on Aberdeen Line is Wayne Kellestine, who is known to police.
*Other officer didn't know Kellestine, but tells Graham he'll call when the surveillance is finished.
*At 2 am Graham returns with another OPP officer to see if all's calm at Aberdeen Line. They see nothing unusual at Kellestine's farm.
*Cross examination: Frank Mather's lawyer asks if Graham has ever seen Mather on Kellestine's farm before. Graham says nope.
*Graham: Says he contacts main OPP biker enforcement officer, who didn't know about Durham cops in the area. Biker officer said 'no.'
*Graham asks biker cop if he and another officer can set up "static surveillance" in area of Kellestine's farm; biker officer agrees.
*Graham and other cop see an unrelated Intrepid leaving the area, so they follow and arrest someone on an outstanding warrant.
*First post-lunch witness: Pat Timmerman, who lives west of Kellestine on Aberdeen Line.
*Timmerman rented movies with his wife and kids night of April 7, then went to bed around midnight, slept through the night.
*Timmerman got up Sat around 7:30 a.m., made coffee etc. Looks towards Kellestine's property. "They were burning stuff there,"
*Timmerman says fire was in front of Kellestine's barn. "There was lots of smoke," he says, but no unusual activity night before.
*On cross examination, Timmerman says he didn't actually see anyone burning stuff, just saw the fire. He's excused.
* Next witness: OPP Const. Stephen Lorch. Not working April 8, 2006. He got text msg to go Stafford Line that day for "multiple deaths"
*Lorch is also a member of the emergency response team (ERT), so he was paged to back-up other officers on Stafford Line
*After talking to officers at Stafford Line (where bodies were found stuffed into cars), Lorch and another cop go to Kellestine's farm
*Lorch was in an unmarked brown Crown Vic. When he gets to Kellestine's farm, Lorch sees several tire tracks heading out of laneway.
*Lorch sees fireplace/woodstove on Kellestine's farm. Looked "stoked up." Smoke went from white to dark as he watched.
*Lorch: keeps watching all day. Sees blue older model square-type car going south towards Aberdeen line.
*Lorch also sees, at 4:25 p.m., a person (Man? Woman? He can't tell) swinging an object in "a chopping motion."
*Lorch: keeps watching all day. Sees blue older model square-type car going south towards Aberdeen line.
*Lorch also sees, at 4:25 p.m., a person (Man? Woman? He can't tell) swinging an object in "a chopping motion. .
*ERT officer Lorch being cross examined about his actions/movements on April 8, 2006 (day bodies found)
*There were officers and a police dog in Stafford Line area after bodies were found, so Lorch being cross examined about what he saw.
*Lorch isn't a dog officer, but he was on scene, so Kellestine's lawyer is asking him if he saw canine officers, position of cars, etc
*Lorch: Cop dog was not on a scent, the officers were mostly looking for footprints, but he adds he's not an expert on the canine unit
*End of the day. Lorch's cross examination is finished. See you 9 a.m. (We finish at noon tomorrow). Over and out from court.
-------------------------------
Thursday April 16 2009
*Ready to go. First witness: OPP Const. Dean Croker. Member of ERT, TRU units
*Const. Croker was called in on April 8, 2006 . His assignment after "initial briefing" was to go to Kellestine's farm on Aberdeen Ln.
*April 8 was clear night, Croker says. He had night vision goggles, was watching Kellestine's house. Saw smoke/steam coming from house
*At around 10:30 a.m. on April 9, Croker sees people outside of Kellestine's house: two men, one woman. They're carrying plastic bags
*Croker says the woman is short with blond hair, one of the men has greyish-white hair.
*People on Kellestine's farm taken into custody by OPP, and TRU team (Croker) starts searching outbuildings, perimeter for anything.
*Croker and team examines fence surrounding property, makes sure no weapons, etc. in outbuildings. They are all cleared.
*There's a small hole in the chain-link fence around Kellestine's farm that a small person could get through, Croker says on cross.
*The hole-in-the-fence response was to a question asked by lawyer of Frank Mather.
*Witness dismissed after minimal cross examination. Next up: Const. David Jones. Member of the TRU team.
*Jones is briefed at Elgin OPP detachment, dispatched to Kellestine farm around 10 p.m. on Sunday, April 8, 2006
*Jones: "It was a very calm night, no wind. The stars were out. It was a very clear night. We had a clear view."
*Jones uses night vision goggles, binoculars throughout the night. At daybreak, he sees smoke coming from Kellestine's chimney
*In morning, Jones sees through binoculars 3 people moving between house and back barn. One is a short blond woman, light blue jacket.
*Jones: Buckets seem heavy for the woman. She's "walking with a purpose," stops at one point to take a break, then continues on to barn
*Cops start to leave, but then are told to get to command post and told to help with arrests. Jones gets to Kellestine's driveway
*Jones finds woman (Kerry Morris), Brett Gardiner (accused) and a third man, they're taken into custody
* Jones is called back to scene to "clear" (secure) the farm property and buildings for investigators who will come to search property
*Jones checks out a small garage, a shed, a port-a-potty. All clear. Then moves on to barn. He's first in barn.
* Jones will now tell the court what he found in the barn with the aid of a diagram of the structure
* Jones: "Everything looked old, dirty, dusty . . . There was all kinds of junk." Sees a rider mower, wood, pipes.
* Jones then notices a plastic bucket with a white plastic jug of bleach inside. No dust or dirt on these items
* In opening of main section to barn, Jones sees cluttered, junk-filled room. Also notices that cement floor was wet.
* Jones: "Sections of the floor that weren't filled with junk appeared to have a dark reddish-brown stain on it. It appeared smeared"
*Usually, cops stay on outside of a scene, by walls, but couldn't do that in this barn 'cause it was so cluttered with "junk."
* There are couches, a ladder leading to a loft: Jones goes up to loft, sees hole in ceiling, comes back down
*Sees a freezer, with a tarp on it, also sees a police scanner, which he didn't want to touch because of fingerprints
*"I wanted to check the freezer to make sure no one was hiding in there," Jones says. No one inside but it works, there's frost buildup
*Jones does a "360 search" of the outside of the barn, sees a bunch of old stuff and a GPS or handheld walkie-talkie facedown in grass
*Jones will now be cross-examined. First up, lawyer for Michael Sandham, Heather Carpenter. She's asking about hole in ceiling in barn
*Jones : "The only place (in loft) I could walk without stepping on a bunch of stuff is on the outside...I couldn't see the back wall."
*Jones sees "a bright red drop of blood" just inside the barn on the ground near loft. The drop was "fairly close" to the ladder
*Jones sees splatter near ladder below loft. "It was little specs of brownish red, hadn't been disturbed like the rest of the floor."
*Lawyer #2 starts next cross examination, it's the lawyer for Frank Mather, Mr. Leslie.
*Brett Gardiner's lawyer Chris Hicks asks Jones about walkie-talkie found in barn, if it can be used to listen to cop calls (it could)
*Next witness: OPP Const. Brad Sakalo, TRU team member for the last five years. Called in on April 8, 2006, at 9:43 a.m. (precise!)
*Sakalo was assigned to "canine backup" on Stafford Line in Elgin County. He was providing protection for canine officers.
*They searched the bush area, the general area around the vehicles and farm properties on either side of the scene on Stafford LIne
*Sakalo said he didn't find anyone hiding out anywhere. Then got new assignment: go to lunch and wait for "further information."
*At around 1:45 p.m., his assignment was to monitor traffic in the area of Aberdeen Line and Cowal Road, south of Kellestine's farm.
*Sakalo: "Any vehicles that leave the Kellestine residence were to be stopped and searched." But no vehicles left, he says.
*Sakalo sees two men leave house and go to barn: one wearing black jacket/black pants, other in denim long-sleeved shirt/beige pants
*Sakalo was using a "spying scope" - like binoculars but only one lens and super powerful
* 6:43pm: sees two men outside, one with box and one with plastic bag. They come and go between house and detached garage several times
* There were sinister signs of what happened in Kellestine’s barn when OPP officers went in on Apr 9, 2006.
*Sakalo sees two men, one in black carrying heavy white plastic pails, then they go to beige car, but can't see what they do.
*Just before 9pm, denim shirt guy walks out of house, "walked down the laneway and locked a large gate."
*April 9, 10:24 am, two guys from night before (same clothes) and third guy come out of Kellestine's house carrying large plastic pails
*"Sakalo: All their activity involved carrying large plastic pails from the residence to the barn."
* 7 pm Sakalo is redeployed to help make arrests at residence. Another team already has three arrested, man and woman also in driveway
*Sakalo: "I was armed with an assault rifle, (another officer) was armed with the less lethal 37 mm" gun. (Reporters: less lethal!?!!)
*Next, Sakalo goes to "clear" the barn and outbuildings with other officers. Floor looked wet in some places and dry in others
*Sakalo: "The floor (of the barn) had a reddish brown liquid tinge to it. It looked like it had been smeared with a mop."
* Officer is cross examined. Frank Mather's lawyer asks if any of the people Sakalo saw had red hair. Cop says no. (Mather is a redhead)
*That's it for today.
-----------------------------------
Friday April 17 2009
*First witness: OPP Const Clare Shantz. He's with Tactics and Rescue Unit (TRU)
*Got to Stafford line at 10:36 am on April 8, 2006. Met up with canine unit
*Shantz did a canine grid search with other officers in bush area around Stafford Line. There were five TRU officers, 1 canine officer
*The officers didn't find anyone in the bush, cleared some properties around the area as well. Found nothing
*Shantz then told to go to Wayne Kellestine's farm on Aberdeen Line. Sets up on Cowal Road just south of the farm on 3:30.
*Shantz using high-powered binoculars to watch farm. Sees two men go from house to garage around 6:40, then come out 5 minutes later
*One carries a plastic bag, the other a tray. One guy wearing black jacket with large patch on back. Other guy has long hair
*Officer sees two guys searching in the grass on the farm, looking in the vehicles parked on farm, then go to barn & go in
*The two men eventually come back to a parked beige car, one with long grey hair goes in head-first, looking for something
*Both men look in blue car as well, then nothing. Shantz goes for supper from 7:25 to 8:44. Just before 9, long-haired guy closes gate
*Shantz also sees a brown and black German Shepherd on the property throughtout the evening/night
* At 10:10 pm, Shantz and another officer are relieved, they go to back of their van to sleep. Sleepy time until 7:10 am next day
*Three guys (two from night before and another) come out of house. They're carrying 5-gallon pails that appear to be full of something
*Shantz is back at farm next day to arrest people. Searches, places tie-wraps on Frank Mather, Brett Gardiner. They're taken by cops
*Shantz: "We don't use handcuffs when we're handing people over to other investigators because who knows if we'll get them back"
*After arrests, Shantz helps clear outer buildings (including barn) and house on Kellestine's farm. He went into barn w/ other officers
*Shantz:"If someone was in the loft they'd have a huge advantage over someone on the bottom," because person on bottom would be exposed
*Shantz will now be cross examined
*We're looking at pics of Kellestine's property
*There are two fences along parts of Kellestine's peoperty. Mather's lawyer is asking Shantz if that's a "dog run" for Kellestine's dog
*Mather's lawyer has been asking witnesses who were at Kellestine's farm about gates and fences (is one an electrified cattle fence?)
*Next cross by Bella Petrouchinova, one of lawyers for Brett Gardiner. She's asking about where the officer was, what temp. was
*Cross finished. Next up, OPP Const. Jon Gooeie. Arrived at Kellestine's farm at 10:20 am on April 9, 2006
*Officer positioned himself on Cowal Road, north of Kellestine's farm; he was there to relieve officers who'd been on scene for hours
* Cop: "My job was to contain the residence, make sure no one gets in, no one gets out."
* Using his "laser range finder," cop was able to calculate his exact distance in metres, from the house (479 metres)
*After seeing smoke from chimney, Gooeie could see arrests going down through "the scope of (his) sniper rifle
*First witness after Lunch is Michael Ryer, a cop with technical support section. White: "Sounds like our evidence will be rather boring, officer."
*On April 24, 2006, cops got permission to intercept emails from a home in Winnipeg. First intercept was May 8, 06
*An email intercept allows the OPP to intercept email traffic to and from a specific target address. Each email's date/time is recorded
*OPP tell Michael Sandham's Internet provider they'll be intercepting his emails. That's the only accused whose email was intercepted
*The witness and assistant crown are now going through every sent email and subtracting four hours to correct it. Fascinating
*Email names I've glanced so far: bandidopervert, prospectbones, iceman.d, carlito_bffb, lonersmc2, bffbtaz (last is Sandham's email)
*Sample subject lines: Hello Brother; Canada Solution; re: Chopper; Good afternoon. (Chopper is Luis Raposo's nickname)
*Now being cross examined, Ryder is coming under fire for the four-hour time error. (He calls it a "misinterpretation")
*After being told over and over that his evidence is boring, the witness has been dismissed. Now we're going for recess (outdoor)
*The judge is explaining what an expert witness is: someone who is qualified to talk about something and give opinion about that topic
*Expert witness is Bernard Miedema, Perth County OPP, electronic crime section senior investigator. He's a witness in computers, emails
*Miedema isn't an expert yet: first he gets asked questions by lawyers to make sure he knows his stuff. Then can be declared an expert
*Miedema tells Sandham's lawyer on cross that he has no computer science degree and that 50%-plus of his computer case were child porn
*Kellestine's lawyer Clay Powell asks witness about stealing wireless signals and how that relates to IP addresses
* Other defence lawyers jokingly accuse Kellestine's lawyer of trying to get free computer advice.
*No one objects to Miedema being a witness. On Tuesday, we'll hear his evidence
*That's it for the week
-------------------------------
Tuesday April 21 2009
*Trial should be back in session in a few minutes.. E-mails expected to be focus todayl
*Jury told legal issues come up at times that need to be discussed. Warned not to speculate about it
*First witness of the week is Stephanie Anne Salerno. Shown picture of husband Frank Salerno. Couple lived in Oakville.
*Salernos go out for dinner April 7. Frank receives calls on phone, says he has to go to work. Couple eat quick meal at Burger King
*Frank drops her off . Baby wakes 1:15 and Stephanie calls Frank's cell phone. No answer. Calls 4:30 a.m. No answer.
*Next day Stephanie spots family's BMW at convenience store. Can't reach husband on cell phone. Increasingly concerned
*Stephanie Salerno says husband took methadone. He was hooked on painkillers after a car accident, she testifies
*Stephanie Salerno questioned about e-mails. Husband on the computer a lot, she said
*Background: Frank Salerno was one of the eight shooting victims
* Stephanie Salernos says husband became interested in stag businesses as a way to make money. "He decided he wanted to get in on that
* Stephanie Salerno asked to listen to phone calls intercepted by police on April 7.
*Salerno recognizes husband's voice on calls. In one someone says: "If I was you I would get yourself to f------ church tonight."
*Salerno says she knew husband was Bandidos when they married, didn't know he was after. Said didn't know what it meant.
*Salerno said she thought being a Bandidos was like "being a member of a sewing club." She didn't know her husband carried a gun.
*Salerno said husband wanted a better life when they got married and moved to Oakville. She said he was a wonderful father, husband
*Frank Salerno was slowly trying to get off of methadone, Stephanie Salerno testified. She said he didn't have a cocaine problem.
* Stephanie Salerno now being cross-examined on statement gave to police on April 18, 2006
*Salerno said she returned home, probably Saturday night , to find a letter attached to her door. .
*Stepahanie Salerno shown pictures taken during search of her home after the death of her husband. Bandidos cards part of material.
*Salerno says she never saw husband wear Bandidos vest found in home. Also never saw gun in back seat of car.
*Stephanie Salerno denies her upscale Oakville home was paid for by husband's illicit activities with Bandidos.
*Court adjourned until 10 a.m.
-----------------------------------
Wednesday April 22 2009
*Good morning. Court is about to start
*OPP Det. Sgt. Bernard Miedema, computer expert, on the stand. He was qualified to give expert opinion last Friday.
* John Minerjo Miedema has prepared power point presentation on computer forensics, how to retrieve e-mails and other electronic data.
*Miedema is describing in excruciating detail how OPP e-crime section catalogues and handles computer evidence that has been seized.
*Miedema explaining each computer has its own unique IP address.
* Jury is being given lesson in how e-mail works, attachments, forwarding etc.
* Miedema says that all he computers he examined in this case used MicroSoft Windows.
* Computer files that are deleted from the recycle bin actually remain intact on the computer. Data can remain on computer for years.
* Miedema says when a computer file is deleted it is like removing the index card for a library book but the book remains on the shelf.
* franksal7o@hotmail.com identified as Frank Salerno's email address. Aliases for Salerno: "Bam Bam", "Bammer
*Email to Salerno on Oct. 5, 2005 told police he was a hockey player, met a Bonnie at a wedding and was "romantically inclined" to her.
* Police retrieved 16 emails from Salernos computer, 10 that were Bandido related.
* Email from Frank Salerno Jan. 16, 2006 "Quebec has put patches down. Ontario is standing tall."
* Other Frank Salerno e-mails refer to difficulty in arranging meetings with U.S. counterparts. Writes "give us a chance."
* Jan. 6, 2006 email from Salerno to crash4cash@hotmail.com describes struggles in putting together Canadian chapter of Bandidos.
* Miedema says his opinion crash4cash@hotmail.com is address of George Kriarakis, based on computer seized in Toronto.
*Document on Kriarakis computer: "It has been decided due to lack of participation Canada chapter is being pulled." Dec. 28, 2005
*Document on George Kriarakis computer advises Canadians to return Bandidos patches
*Email from Norinne Lee: "We would like a world wide vote from all our brothers before we return our Bandidos property
*Examining e-mails of Luis Raposa, alias "Chopperm"
* E-mails suggest Raposo is Canadian Bandidos secretary.
* E-mail from Michael Sandham to Raposo discusses lack of communication between Winnipeg and Toronto.
* OPP computer expert now explaining mechanics of Bandidos Canada website. Slogan: "We are the people your parents warned you about.".
*Afternoon break. Jury has heard details on who logged into Bandidos Canada website
* George Kriarakis e-mails reviewed. One from Big Deal Bill: "I want contact made within 24 hours. No excuses."
* E-mail from Frank Salerno to Pervert says attempts made to visit U.S.
* Document recovered from Kriarakis computer by Bill Sartelle
* Document from Kriarakis computer. Bill Sartelle to Canadian Bandiidos: "Return all patches."
* John Muscedere reply to Sartelle: "Your a peace of work." "Our club is our life and there is nothing worth living for without it
*Michael Sandham email address is identified as tazmanrider@hotmail.com.
* Jury now hearing about computer viruses from OPP expert
*OPP expert says emails found on bikers' computers were authentic and not the result of a virus. Court adjouned to 10 a.m. Tomorrow.
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Thursday April 23 2009
*Court in session. OPP forensic computer expert Det. Sgt. Bernard Miedema continuing testimony from yesterday.
*Jury being provided booklet of Bandidos e-mails.
*Email Yellow Rocket to Chopper. "Seems like we have a problem here. You can’t come here, we can’t come there."
*Email Yellow Rocket to Chopper asks what happened to 60+ patches sent to Canada
*Note of explanation: Chopper is Luis Manny Raposo, 41, one of the eight gunshot victims.. . .
*Yellow rocket to Chopper Nov. 24, 2004: "What happened to Albertas Charter Fee? When are monthly donations going to be sent”
*Nov. 23, 2004 Email Chopper to Yellow Rocket: Brother Boxer was headed your way 5 times this year
*Oct. 9, 2005 E-Mail to Chopper from Bill 1%er: "Canada has not been meeting the requirements of belonging to this club."
* Oct. 9, 2005 E-Mail to Chopper from Bill 1%er: This must be remedied immediately. "Suggests person in charge visit US
*E-mail: "In the end Bandidos Canada is still a brotherhood untainted by greed and egos we stand beside each other as brothers united."
*Jury looking at email response from Canadian Bandido John Muscedere to Bill Sartelle email.
*Muscedere says in Jan. 6, 2006 e-mail there should be worldwide vote on status of the Canadian club before patches are returned.
*Muscedere email: Recounts how no one from U.S. came to Bandido funeral in Canada.
*Muscedere email: "“Are we a dictatorship or a brotherhood? What have we become.” “Our colours don’t run.
*Jury now looking at email from Frank Salerno to a Bill in Denmark
*Jan. 6, 2006 Salerno email says the Canadian Bandidos have been surrounded by six HA chapters, who did everything to shut them down.
*Salerno Jan. 6, 2006 email: “We have conducted ourselves as gentlemen and righteous Brothers through and through."
*Salerno Jan. 6, 2006 email: "Well Bill, now I need my club to show me that the Canadian brotherhoods blood was not shed in vain . .
*Jan. 6, 2006 Email Frank Salerno to Yellow Rocket: "Bill tell me what needs to be done to rectify this situation."
*Yellow Rocket email to Salerno. Jan, 4, 2006: "There are many conversations that need to take place . . . in person."
*Yellow Rocket email to Salerno: "I was there when it started and spent several hours in the back of the police truck in the snow."
*Jan. 16, 2006 email from Frank Salerno details attempts by Canadian Bandidos to cross border to meet with U.S. counterparts.
*Jan. 16, 2006 Salerno email: "There must be another place in this world we can meet. We have no problem getting into Mexico Europe."
*Jan. 16, 2006 Salerno email had been deleted from computer. Police didn't recover full text.
*Jury at Bandidos trial is seeing e-mail indicating growing divide between US headquarters and Cdn chapter.
*“I can’t believe what our enemies law enforcement and defections haven’t been able to accomplish, our own Brothers want to do "
*Jury looking at posting on Bandidos Nation World guestbook Internet site.
*"The No Surrender Crew Canada loves the life but never sold its soul." Feb. 28, 2006 posting on Bandidos Nation World guestbook.
*March 26, 2006 Email Michael Sandham to Dwight Mushey: "Things are going good. Do not answer Toronto at all!!!
*March 26, 2006 Sandham to Mushey: "W is coming out here to speak as well to the States. U.S. is behind us 100 % as well as Germany."
*March 2006 email Michael Sandham to Luis Raposo: "You have to stop calling all the guys so many times a day and night. "
*Sandham to Raposo: "Stop calling the brothers homes and families. If its money you need right way please say so."
*Raposo response to Sandham: "Once a week contact is essential."
*Court is reviewing May 6, 2006 Carlos Brigante email to bandidopervert in Texas.
*May 6, 2006 Brigante email : "Morale is low and I am doing my best to boost the situation as brothers are coming out of jail."
*Jury looking at e-mails intercepted from Michael Sandham in Winnipeg.
*May, 2006 e-mails to Sandham are from a Bandidos prospect.
*Prospect promises to have money deposited as soon as he can get it out of girlfiriend's ex.
*Bandidos complain in emails of high internet charges in Northern Ontario: "$6 a minute, that sucks."
*Prospect says in e-mail he has to keep low profile and not fly colours as he would be fired from job.
*Sandham writes to prospet that problem with his ex "can be dealt with in one weekend."
*Jury dismissed until 10 a.m. tomorrow. More emails expected to be introduced as evidence.
----------------------------------
Friday April 24 2009
* Morning session about to get underway. Jury expected to look at more Bandidos emails.
* Intercepted emails from Michael Sandham being reviewed with jury
* Sandham to Bandido Pervert in Texas May 15, 2006: "From now on Canada will be run the True Bandido Way.
* Bandido Pervert to Carlos Brigante May 14, 2006: "No where except Canada has a Bandido become a Hell's Angel or vice versa.
* Bandido Pervert : "I hope I am making my self clear on the things that have happened in Canada in the past were not right at all."
* Sandham email to Bandido pervert May 22, 2006: "I can see you are probably very confused, frustrated, and very pissed off right now."
* Bandido pervert to Sandham : "The one think I wonder is where are all the patches that went to Canada . . . they should be destroyed."
* Bandido Pervert emails to Carlos Brigante May 14, 2006:
* Bandido Pervert: "I have dealt with a few people from Canada in the past and I have never gotten the CORRECT story ever."
* Bandido Pervert: "Who we are not is CRIMINALS . . . we are a motorcycle club with riding principals first."
* Bandidos Pervert: "ANYONE WHO DOES NOT HAVE A HARLEY IS NOT A BANDIDO. I say this because we are a motorcycle club . "
* Bandidos Pervert: "The patch don't make the man the man makes the patch."
* Jury now looking at email from Bandidos USA sent on June 7, 2006.
* Bandido Jeff: "Duet of the totally f-up situation Canada, all official membership of the Bandidos Motorcycle club will be suspended .
* Bandido Jeff: " . . . there has been nothing but lies and deceit running rampant."
* Bandido Jeff: "You peple change Patches like you change your underwear! "
* Bandido Jeff: "We do not have or never will have cops or ex-cops in our Club. Taz can no longer be a member of our Club."
* Bandido Jeff: "You have 2 supposed chapters in Canada. But you don't speak to each other. You talk shit about each other . . . "
* Bandidos Jeff: "And one more thing. Bandidos don't vote. They do what the f--------- they're told. I wish you the best of luck."
* Email to Carlito June 7, 2006 seized from Sandham's computer: "I guess Canada will never get endorsement from the states."
* Emails intercepted Sandham computer. No author identified, June 13, 2006 "You are asking me to throw down my patch. Over bullshit!!"
* Email June 12, 2006 from Bandido pervert: "At this time Canada is frozen completely. This may change, this may not change."
* Bandido pervert email: "You say east is east and west is west . . . that will not work, that is not how we do things . . "
* Jury has been excused until Tuesday, 10 a.m.
------------------------------------------
May 26 2009
* Over before it began: court in recess until about noon, discussions to be had in private. I'll be back then.
* Jury being asked back into the courtroom
* Court Fact: Reporters, twitterers, etc., can't report anything that's not told in front of the jury. No jury, no reporting
* Judge: There's been a tragic turn of events this morning. Mushey's lawyer's wife is gravely ill, he had to withdraw from the case
* Judge: Ed Royle, Mushey's lawyer, withdrawn. Can't continue with the trial this week because need figure out how to deal with this
* Jury told they're dismissed until Tuesday at 10 a.m. The jury is on standby, will still be paid, judge says
* Judge: When this many people involved in a trial, it's inevitable that someone will have problems - that's what were dealing with now
* That's it for the trial on Twitter until at least Tuesday at 10 a.m. Back to the newsroom for me .
----------------------------------------
July 14 2009
* Hitch in twittering trial. New rules today for this witness. No laptops or other devices in overflow court
* New rules. Red sign posted outside coutroom 6. No laptops, cellphones, recording devices or other electronic devices are allowed
* The rules are in place "when a witness whose identity is subject to a non-publication order is testifying.
* I will be resorting to a pen and notepad and filing tweets during breaks. Not the usual play by play but it is the best for now.
* Witness covered by publication ban has taken the stand. First asked to identify defendents and photos of dead bikers.
* The witness can only be identified as M.H. although his full name is being used in court.
* MH became involved in selling drugs, cocaine, when he was about 30. Sales were from a bar in Winnipeg.
* MH got a cut of the sales, $5 out of $20 sale.
* MH joined a support club for the Hell's Angels. The club provided security to the Hell's Angels when they stopped in Winnipeg on rus.
* Along with the new media rules there are more reporters here - Globe and Mail and CBC in addition to the Star and other regulars.
* MH was charged twice for drug trafficking, convicted once. He was given two years of house arrest.
* MH 'S motorcycle clib folded. He is contacted by a man in jail about joining the Bandidos. Initially said no.
* Contacted again months later and decided it to consider it with a work associate Dwight Mushey.
* Mushey and MH met with local vp of Bandidos. Filled out form with name, address, drivers' licence. Waited month for security checks
* Met with Manitoba chapter president Michael Sandham. Provided guidelines on joining Bandidos.
* Sandham tells MH and Mushey "Hell's Angels are about the money and drugs. Bandidos are not about that.
* Court reviews document on rules for Bandidos Winnipeg chapter, including the cllub structure.
* MH said Bandidos could vote at "church" but club president could impose his decision.
* Members had to attend church if they wanted to stay members. If they were late there was a $20 fine for a half hour, $50 for an hour.
* Do's and don'ts of Bandido membership in document. "If it doesn't grow don't smoke it" rule allowed marijuana use, not other drugs.
* Document also stated "this club is about sacrfice, get used to it."
* Another piece of advice was "It is a lifelong commitment so don't rush it."
* MH said he paid $750 for his Bandidos patch, but he never got it. Club ended up making their own in Winnipeg.
* As club president Michael Sandham required that he alone handle communications with National and other clubs, MH testifies.
* Jury out for about 20 minutes for legal arguments. When back in MH questioned about church in 2005.
* MH describes summer 2005 trip to Toronto to meet Toronto Bandidos. Stayed after at hotel with Wayne Kellestine.
* Kellestine said he would advocate for Winnipeg getting full status in Bandidos. He wanted Bandidos to grow, MH testified.
* Kellestine wanted a chapter in every province, as many as possible. He wanted growth, MH testified.
* Afternoon session underway. MH questioned about 2005 trips to Toronto to meet Toronto Bandidos.
* Toronto club continues to refuse to support Winnipeg receiving charter. MH questioned why Sandham didn't speak up during church.
* Winnipeg club expanded membership in late 2005. Brett Gardiner from Saskatchewan to Winnipeg to get fast tracked, MH testified.
* Gardiner didn't have a Bandidos patch because he didn't have a vest to put it on. "He didn't have any money," MH said.
* Court hears how MH coded phone numbers in case his book was looked at by police. The system involved subtracting from 10 coded one.
* With the code 5 and 0 remained the same. Coded 278-4894 was actually 832-6216. Other Bandidos used the system
* Trial adjourned until 10 am with MH back on stand.
-----------------------------
July 15 2009
* Bandidos trial back in session at 10 am with MH on the stand. Full house for public with overflow courtroom being used.
* MH talks about e-mail from Bill 1 percenter on Dec. 12, 2005 saying it has been decided to pull Canada's charter
* The e-mail cites lack of participation by the Canadian members. All patches are to be returned to U.S. immediately.
* MH says Winnipeg Bandidos surprised by the news. It meant the Manitoba Bandidos chapter would no longer exist.
* Manitoba Bandidos decide to contact U.S. directly by e-mail. Michael Sandham tells U.S. he hopes they can work together on issue
* Meeting set up with top Bandidos at park on border Washington state and B.C. Sandham attends.
* Wayne Kellestine also at meeting. MH hears results after.
* Decisions include Toronto chapter eliminated, new London Bandidos to be formed. Up to Kellestine to pull Toronto patches
* Winnipeg to become full chapter of Bandidos under the plan.
* March 25 meeting in Winnipeg, members prepare for trip to Toronto. MH said group wanted to know what going on with pulling TO patches
* Winnipeg members drive to London area in Sandam's truck. On the trip are Sandham, MH, Dwight Mushey and Brett Gardiner.
* Winnipeg Bandidos arrive at Wayne Kellestine's farm southwest of London on March 27, 2006.
* At Kellestine farm, MH and Mushey told that Toronto Bandidos were in Winnipeg to kill Michael Sandham.
* MH: "They were hoping Dwight and I would fall in line under their rule." Carlito was to be new Manitoba president.
* In addition to 5 Winnipegers at Kellestine farm, there was Frank Mather, his girlfriend, Kellestine's partner and daughter.
* Photos of Kellestine farm house now being shown to jury. MH describing where he slept on couch in livingroom with fireplace.
* MH testified the Winnipeg Bandidos were at the Kelllestine farm for two weeks. Couldn't drink the water on the farm
* MH identifies Frank Mather in video wearing a t-shirt with Fat Mexican Bandido logo on the front. Only members could wear it, he said
* Bandido trial back in session with M.H. On the stand testifying about time on Kellestine farm.
* During second week of stay Kellestine trying to figure out how to pull the patches of the Toronto Bandidos.
* MH says Sandham proposes shooting Boxer with a rifle when he walks out on his balcony. No action was taken on the idea.
* Another idea for pulling patches was for Kellestine and Frank Mather to attend church in TO and tell members they are out of club.
* Eventually plan adopted to tell TO members to attend church on Kellestine farm. Toronto agrees to come
* MH tells of visit to elderly neighbour to obtain ammunition. Obtained some rusty shotgun shells
* Kellestine tells others the ammunition is needed in case pulling patches doesn't go well.
* Just in case be prepared for worse,"
* The day Toronto members to arrive, Kellestine brings out weapons in pieces. Everyone works to clean guns and put them together.
* MH shown gun in court. Crown says all guns in court have been made safe with locking mechanisms and no ammunition.
* In last hour today MH describes preparations for church meeting with Toronto Bandidos. Shotguns and rifles assembled, loaded.
* The plugs that restrict the number of shells in shotguns were removed to allow more shells. One shotgun was sawed off.
* The preparation of the guns took two to three hours, maybe more, MH testified.
* Court now adjourned until 10 am tomorrow. MH back on the stand.
-----------------------------------------
July 16 2009
* The bandidos trial is scheduled to be back in session today at 10 a.m. Details of the killings expected from witness MH.
* Court delayed this morning ffor at least a few minute.
* Court has been adjourned until 1:30 pm today. No evidence heard this morning. MH is expeceted to tal about actual killings today.
* Bandidos trial back in session. MH shown 3 minute video shot in Kellestine house.
* After assembling and loading firearms, MH testifies Michael Sandham puts on bullet proof vest.
* Dwight Mushey swears at Sandham: "You should have fucking told me you were bringing your vest. I would have brought mine
* Sandham pulls rubber surgical gloves out of his pocket and throws them on the table. Everbody starts putting them on.
* "Nobody said anything," MH testified. The men in the farmhouse then put on other gloves over the rubber ones.
* Kellestine has told the group waiting for the arrival of the Toronto Bandidos: "If we kill one, we kill them all."
* The Toronto Bandido that worried Kellestine the most was Boxer, John Muscedere, MH said.
* "He said if he can get Boxer the rest would fall into place," MH said. It was like cutting the head off the snake.
* MH testified nobody questioned Kellestine, nobody said we can't do that.
* Brett Gardiner and Frank Mathers were to stay in the farmhouse and listen to a police monitor.
* MH, Michael Sandham and Dwight Mushey head to the barn. MH has a pump shotgun, Sandham a .303 rifle and shotgun.
* Mushey has a sawed off shotgun
* MH shown pictures of interior of barn on Kellestine farm.
* MH testimony describes wait outside, going back in barn, and struggle to get CB radio working with house.
* Court has taken its afternoon recess. Should be back in action in about 15 minutes.
* Crowd at trial is larger today. Some family members of the deceased are in the main courtroom.
* Four cars arrive at Kellestine farm as MH and Dwight Mushey watch from outside barn. People go inside barn.
* MH goes to side of barn where there is a hole and listens. Hears Chopper talking with Kellestine and John Muscedere.
* Chopper says he has an fuckin surprise for Michael Sandham when he shows up. "He is going to put a fuckin hole in him."
* MH and Dwight Mushey waiting in dark with shotguns outside barn hear gunfire.
* MH: "First thing I hear is pop, pop, pop, a loud bang, another bang, a few more pops.
* Gunfire sounds last five to six seconds in total.
* MH testifies he and Mushey work there way to barn and can hear Wayne Kellestine yelling.
* MH: "Kellestine is yelling, telling everybody to get on the floor, not to move."
* Mushey goes into the barn first, followed by MH. Both have their shotguns. MH tells what he saw.
* Kellestine is holding what looks like a .22 rifle. Next person he sees is "Pony"
* He is laying face down on the floor, not moving or making a sound. Crash and Paulie are in the same position.
* MH sees Sandham in the loft, pointing his rifle downwards, Then he sees Chopper.
* Chopper is seated on the floor, his left arm on a couch. It looked like he had a wound in his neck and his chest.
* MH: "It looks like he is trying to say something but there is no sound."
* MH then sees Bammer and Jamie Flanz on the floor, face down.
* The last one MH sees for about an hour is Boxer facedown on the floor.Then Little Mikey stands up.
* Court has been adjourned to 10 a.m. with MH continuing testimony.
--------------------------------------------
July 17 2009
* Court back in session. Jury shown large, one metre-wide photo of interior of barn on Kellestine farm.
* MH describes scene with Wayne Kellestine moving to centre of area and Toronto Bandidos on the floor.
* Wayne is yelling: ""Where are the other fucking guns, I know you brought them."
* There is a double-barrow sawed off shotgun on the floor next to Chopper. Wayne orders Bammer to kick it over to him.
* Wayne removes a shell from the gun that appears to have been fired, MH testifies.
* Wayne tells Toronto members they are done as Bandidos by order of the U.S., that he is going pull patches
* At one point he orders Mikey to go to each Toronto member and get a list of their Bandidos property.
* Mikey has a swollen eye, all purple, the size of a small baseball, MH testifies
* "It looked like it was getting bigger as the night went on," said MH.
* Jury shown graphic photo of Little Mikey, head slumped to left, blood covering much of face.
* Inside barn, Crash is complaining about being shot in the abdomen, Pulls up shirt to show the wound.
* MH said there was a small hole on the right side of Crash's belly button
* Paulie had a wound in his right thigh. Pulls down sweat pants to show small holes.
* Bammer had small holes in his right calf.
* Chopper had been placed on the floor. There was an argument between Kellestine and Boxer over Chopper.
* MH: "Boxer was saying we have to get him to hospital, we have to get him some help."
* Wayne said he was already dead. Boxer checked his pulse.
* MH said four or five times during the night Kellestine dances a jig and sings a German song.
* Pony complains about being cold. Gets up and sits on a chair. Wayne puts a blanket around him.
* Wayne tells Paulie he shouldn't have run for the door and that's why he shot him.
* MH testifies that Crash is speaking in a foreign language the thinks was Greek. "It sounded like he was praying."
* Bammer tells fellow Toronto bikers to shut up and stop whining, MH said.
* Bammer; "Keep your fucking mouth shut, stop your whining. We know how the game is played. We are bikers . . .
* Wayne pulls out an area rug and Chopper's body is rolled up in it and carried out of the barn
* MH testifies that Wayne hits Flanz when he walks by calling him a fucking Jew.
* Kellestine says Flanz is a police informer and he is saving him for last.
* Toronto Bandidos say the Lord's prayer after Chopper dies. Kellestine gets down on one knee and joins them.
* Boxer defends Flanz, says he wasn't an informer, that there was a killing at his place and he never told anyone
* The rest of the quote: "We are bikers not boyscouts
* There is an argument in the barn over the dues paid by the Winnipeg Bandidos. Sandham says the money was sent.
* Boxer said he never knew the money was sent, that Chopper never told him.
* Boxer tells Kellestine: "Do me, do me first. I want to go out like a man."
* Kellestine replies: "John. Come on. we are going to let you go."
* MH testifies at this point cell phones that have been taken from the Toronto Bandidos ring.
* Boxer said it was his wife calling. Kellestine says to answer it, but not to say anything fucking stupid.
* MH has been matter-of-fact during most of his testimony. Chokes up a bit at this point.
* Boxer tells his wife on the phone that he will be home in an hour or two, that he is attending church, and he loves her.
* Boxer sits back down, while Wayne, Mushey and Sandham go outside.
* When they return, Boxer is told to stand up and follow Wayne outside. Frankie follows the two outside
* Brett Gardiner comes in the barn as the three leave. MH said he hears pops, maybe two or three.
* Gardiner turns to MH. "Did you fucking hear that. I should go check on Wayne."
* Gardiner is told to go back to the house. When Kellestine and Frankie return, Boxer isn't with them.
* Wayne tells Crash to get up and follow him out. Dwight Mushey falls in behind. Crash had been complaining about wound.
* Each time someone is taken out of the barn Wayne is gone for about 20 minutes.
* When Wayne returns, he tells Pony to follow him. This time MH follows behind with his shotgun
* MH said they walked across the yard to a tow truck and Pony is told to get in the driver's side.
* MH: "Pony was half in, half out. Wayne shoots him in the head." Wayne then lifts up his shirt, sticks the gun in, and shoots again
* MH said he could see Crash in the back, leaning towards the driver's side, not moving.
* When Wayne shot Pony in the head, MH estimates the barrel of the gun was two to three inches from his head.
* Kellestine tells MH to put Pony's foot in the truck, close the door, and drive it to the gate.
* MH is then told to back Jamie Flanz's car into the spot and open the back. MH and Kellestine return to barn.
* On the way Kellestine is "bitching" about having to do all the "wet work" himself. Wet work is killing.
* M.H.: "I didn't know how to answer."
* Wayne goes back to the house for about a half hour. When he returns he has buckets with him.
* Little Mikey and Jamie Flanz are ordered to start cleaning the area where Chopper had been bleeding.
* The two work with a mop and push broom. MH said it is quiet in the barn at times with music playing in the background.
* Kellestine asks Paulie to follow him out of the barn. Sandham follows behind.
* Again, MH testifies he hears pop, pop, pop. "Maybe three, maybe five, but not more than five."
* Kellestine and Sandham are outside the barn for about 20 minutes. When they come back "Paulie didn't come back in."
* Flanz and Little Mikey are still cleaning the floor when Kellestine returns and tells Bammer to follow him.
* From what I can tell, MH appears to be wiping away tears at this point. Someone in the main court is crying.
* Bammer gets up and goes behind a freezer in the barn. MH says Bammer walks by him.
* In the stand, MH now has his head down, crying. The judge adjourns the trial until 2:10 p.m
* Court back in session 2:10 p.m. MH talks about Bammer walking by him on his way out of the barn.
* MH is in tears. Pauses for 20 seconds before continuing with his testimony.
* MH said Bammer puts his hand out to him. "He wants me to shake his hand."
* "I won't shake his hand or anything." Bammer then extends his hand to Dwight Mushey, who shakes it.
* Bammer then follows Kellestine out of the barn, Mushey following behind him.
* Earlier in the night, MH said Kellestine had kicked Bammer in the head and told him to shut the fuck up.
* MH says he again hears pop, pop, pop. "Two, not more than five."
* While Kellestine is outside, MH said Flanz and Sandham have a conversation about their kids.
* Twenty minutes later Kellestine returns and tells Mikey to follow him. Dwight Mushey falls in behind.
* "Pop, pop, pop." Only Kellestine and Mushey return to the barn, MH testifies.
* Kellestine tells Flanz to follow him and starts walking to the door. Everyone now follows outside.
* Flanz is ordered into the back of a car. Sandham has a handgun and sticks it in the back window. He tells the others to walk away.
* MH testifies he turns away, there is a bang and a flash.
* When he turns back Sandham is working with the gun and says it is jammed. Sandham heads to house.
* When Sandham returns he gets in the car, turns around and shoots Flanz in the chest.
* Gardiner and Frankie are trying to get the hatched closed on a vehicle, but have trouble. MH tries to help.
* Paulie was in the way." MH
* Kellestine is becoming agitated, wants the others to leave.
* Kellestine: "Come on you guys you have to get going. It is starting to get daylight."
* MH leaves driving tow truck, Frankie has Jamie Flanz car, Sandham in his Jimmy, Dwight has Little Mikey's vehicle.
* Kellestine tells them to head to the Kitchener area. They make their way to Highway 401.
* After driving a stretch of 401 they turn off heading south. Then they turn down a gravel road. Tow truck gets stuck on shoulder.
* Everyone loads in Sandham's vehicle and drive back to Kellestine's farm.
* Correction on earlier Tweet. Sandham shot Flanz through car window, but Mushey later shot him in the chest.
* Kellestine asks returning group: "How fucking far did you guys go?" Mather said he was running out of gas.
* Kellestine tells group to take off clothes as they go in house. They are left on the porch.
* Inside the group takes apart guns and wipes them down. Kellestine starts going through stuff left by Toronto Bandidos.
* Cell phones, wallets, vehicle registrations go in black garbage bag. Kellestine offers money with blood to Sandham
* Sandham turns down the wad of cash. Kellestine keeps a hat and knife.
* Change left by dead bikers is put in a "potty jar" for Kellestine's daughter.
* Couch, clothes and other material are put on fire pit and lit with gasoline.
* There is a discussion about what to do about two Toronto bikers in Winnipeg that were sent to kill Sandham.
* Kellestine: "Do them when you get back there."
* Gardiner to stay behind with Kellestine, others say goodbye and shake hands with Kellestine.
-----------------------------------
July 21 2009
* MH on stand being asked to identify voices in intercepted phone convos btw Bandidos prior to the "church meeting."
* So far he's IDed Cameron Acorn, Frank Mather, George Jessome, Paul Sinopoli. Jury has heard these tapes before, this just for record
* MH now going through a little black book filled with coded biker phone numbers, IDing the bikers and their numbers.
* Crown asks MH if he ever objected to the people being led out and shot? No. Did anyone else object? No
* MH describes who had what guns throughout the night: he had black long-barrel shotgun and a .303. Others had sawed off shotgun, .22,
* Also used were single-shot shotgun, pistol. Gardiner never had a gun, MH says. "We kind of exchanged guns all night, you could say."
* Any of the eight Toronto Bandidos have guns at any point? No, says MH.
* The trip home: Taz (Sandham), MH, Mushy and Marcelo (Aravena) leave in a red Jimmy with Manitoba plates, make way to Winnipeg
* First pit stop: Walmart in Barrie, because Taz and Marcelo needed shoes, theirs were burned in fire pit at Kellestine's house.
* Mushy and Aravena go shopping, buy: chips, pop, sandals, cheesies, shampoo and razors. Jury shown Barrie Walmart surveillence footage.
* "They bought Head and Shoulders shampoo because Dwight (Mushy) said it's good at removing GSR (gun shot residue)" MH says.
* Next pit stop: Ice cream place on Hwy 11, got gas, went to the bathroom. Next, all go to Truck stop to take a shower.
* Taz and Dwight came out of shower clean shaven. (Before, Dwight had a gotee, Taz had the start of a beard).
* MH has been back to the truck stop since, he says, with two cops when he was retracing the route taken by the four Winnipeg Bandidos
* Morning recess. Very compelling evidence today (who knew about Head and Shoulders and GSR!?). Learn something new every day.
* On trip back to Winnipeg, the radio is on and broadcasting the news of bodies found. The four come up with a cover story
* Once they get back to Winnipeg, MH meets with a cop and tells him cover story. Eventually he meets with two more cops and makes a deal
* In exchange for immunity, he must help investigators. Agreement is signed and dated June 9, 2006, just over a month after the killings.
* MH tells of having gall bladder problem, being in hospital getting visit from Mushy and Aravena. Mushy talks about Jamie Flanz's face.
* "He said Jamie looked at him when he went to finish him off, how his eyes were big and he looked like he was trying to say something"
* The two laugh. Marcelo says he was scared that night. Dwight was teasing him about it. Both started giggling.
* We're about to hear conversations that MH recorded while wearing a wire . . . Stay tuned
* Scratch that. Some of the accused and jury have requested headphones, so we're taking an early lunch. Back at 2pm
* Court about to resume. Going to hear wiretap evidence from MH. Will tweet during lulls.
* We've been hearing phone taps about patches, etc. Now about to hear MH bodypack recording.
* MH was to talk to Taz, Marcelo and Dwight and get them to talk about the events at Kellestine's barn while cops recorded and listened
* MH would meet with cops and they'd discuss ways he could get the other guys to talk about the killings, they'd bounce ideas around.
* Bandidos have hand signals they use because they're always afraid cops are listening or recording MH says
* Cops tell MH that when he's wearing the wire, he should sometimes say the words to let them know on the record what is going on.
* In one convo, MH and Mushy are in a car. MH lies to Mushy, tells him Taz said he killed three people. "Three is my number" Mushy says
* Mushy says "Let's ask this guy," holding up fingers in the shape of W (Wayne Kellestine).
* Mushy says "we talked about this" (holds up eight fingers) and says it's made them united.
* Mushy: who did what or whatever, it doesn't matter. It's all the same shit.
* Mushy: whether you do this (makes throat cutting gesture) or this (makes holding someone at gunpoint motion) it's all the same shit.
* Mushy asked Taz why he didn't kill Jamie Flanz with the first shot. Taz says it's because Jamie had kids and he (Taz) has kids, too.
* "You gotta have a lot of respect for this guy (holding up W, for Wayne Kellestine)." MH says he thought Wayne would kill Taz, too.
* MH to Mushy: At one point, I thought we were all going to get it, he says. (He thought Wayne Kellestine was going to kill them all).
* MH and Mushy talk about how hilarious Wayne was singing the night of the killings. "Cause that guy is fucked," Mushy says of Wayne
* MH: Marcello seemed nervous. Mushy: Yeah, at the end there he almost had this expression (runs finger down face in crying motion)
* Mushy about Taz: I don't fucking trust him at all. He's fucked, that guy.
* Trial is adjourned until 10 a.m. tomorrow morning. Over and out.
-----------------------------------
July 22 2009
* We're about half an hour away from the beginning of more testimony from MH at the Bandidos trial. Tweets will be in spurts again today
* MH and Mushy go to they gym and are talking "about the people we murdered at Wayne's house," MH says.
* MH says he didn't kill anyone but he went outside while people were being killed. Mushy says Boxer went out like a man.
* Mushy says Crash cried and Bammer was "yappin' the whole time." The two leave the gym and go to Taz's house, where recording continues
* MH, Taz, Mushy sitting around Taz's basement, talking about Taz's trip to the Bandidos HQ in Texas, where biker business is discussed
* Taz describes all the rivalry between Winnipeg Bandidos and Toronto guys (incl. guy named Carlito, now in jail for a different murder)
* Carlito telling Texas he's in charge in Canada, Taz saying he wasn't. Mushy wants Texas to make the Winnipeg charter official
* MH: Taz was telling us American Bandidos didn't want to hear about the eight people murdered. "You guys take care of it" they told Taz
* Bandido fact: you can't even apply to be a Bandido if you've so much as trained to be a cop or guard. It's a strict rule.
* Cops were around so Taz got out of Texas. Mushy was concerned this (holds up eight fingers) would get around in the biker world.
* Winnipeg Bandidos wanted Texas to put up an official notice about their club or else the Winnipeg Hell's Angels' would cause problems
* MH: Without official notice, we'd just be guys wearing 1% patches and that's a big no-no in the outlaw biker world.
* Taz, Mushy, MH go over the cover story (that they left Wayne's barn before killings. Mushy and MH leave Taz's and they talk about him
* MH & Mushy not sure if they can trust Taz's Texas stories. Taz told them not to wear patches in public but they gonna do it anyway
* Bandidos speak: "The other side" refers to Hells Angels.
* Lots of talk about the Bandidos website and the guest book, and whether or not MH and Mushy should sign it with "Love and Respect 1%"
* Next bodypack evidence is from next day, June 13, 2006. MH, Mushy, Araveno at Mushy's house, playing video games, eating pizza pops
* Two Winnipeg cops show up, ask to speak to Aravena (aka Fat Ass), who is sleeping. They take Aravena outside, talk to him.
* Aravena comes back, tells MH and Mushy that cops were asking him about patches, etc.
* Interesting: MH wore wire, elicit info, then go back to hotel room with two cops who took video/audio statements, MH wrote out notes
* As Mushy plays a video game, MH and Aravena talk about the cops (MH wants to know if they were nice or assholes).
* MH and Mushy speculate the cops were after Aravena cause he's the lowest guy on the totem pole (prospect member).
* MH says to remember the cover story. Mushy. Afraid his house is bugged, tells the guys to "just tell the truth." Truth = cover story
* End of wiretap/body pack evidence. MH now being asked to identify trial and police evidence. First to, a vest.
* After careful examination of the stitching and patches, MH declares "that's my vest." He knows cause of the bright yellow stitching.
* MH describes his vest has a 1% patch on the front, at back on bottom has Canada, means he's a full-patch member of the Bandidos.
* Next up he identifies Mushy's vest, then Taz's vest, which doesn't have a 1% on it and a back bottom patch that says Probationary.
* Mushy was in charge of all the vests and the patches as the secretary treasurer. Patches and where they're placed are very important
* MH: All patches, once they're removed from a member, are supposed to be burned. You're not allowed to transfer the Fat Mexican.
* If you're a full-patch member, you have a 1% on the back and one over the heart. The patches are supposed to come from the US.
* Aravena's vest is a prospect vest. MH can tell because it has a buckle in the back and nothing on the front.
* "Dwight and I were teasing him (Aravena) about it, telling him he looked like a waiter in it," MH says.
* Buckle meant Aravena's vest wouldn't have room for Probationary patch on it, he'd have to remove it or get a different vest.
* Despite rule that all patches must come from America, Mushy had a friend who was making vests for them. Had measurements, etc.
* Crown almost done with MH's testimony, except for one issue. Now he'll undergo cross-examination by each of the six defence teams.
* Court is adjourned until 10 a.m. tomorrow morning. Thanks for reading.
--------------------------------
July 23 2009
* MH will likely be cross this morning at the Bandidos trial.
* Cross examination of MH about to begin by Don Crawford, lawyer for Michael Sandham (Taz).
* Taz's lawyer going over some Bandidos rules with MH, about drugs (except pot) not being allowed.
* Some testy exchanges btw MH and Crawford: Lawyer: Is that whay you said? MH: I guess. Lawyer: We don't want you yo guess here, Mr. H.
* Crawford going over preliminary inquiry answers given by MH, saying they don't match.
* Lawyers taking a long, long time to pull up appropriate transcripts . .
* Lawyer: This was not set up to be a killing, it was set to be a mere pulling of patches, right? MH: yes
* MH says he was in touch with the Winnipeg police before the killings as well as after.
* Lawyer: In the barn, was it like the wild west days where you check your guns at the door? MH: I don't know what you mean by that
* More delays as Taz's lawyer looks for page numbers and as court tries to figure out where they are . . .
* More testy exchanges between MH and Crawford about who was where when initial shooting took place. Crawford says things not adding up.
* Mushey and MH were outside of barn, Kellestine and Taz were in barn, Gardiner, Mather and Aravena were in Wayne's house
* Lawyer suggests MH was in barn. MH: You can suggest all you want, I heard what happened, I saw what happened. I was there that night
* During shooting of Flanz, Crawford says MH couldn't have heard gunshot, then seen flash, because light travels faster than sound.
* MH replies: Yeah, but we're not talking about thunder and lightening. MH says gun jammed fist time Taz tried to shoot Flanz
* Lawyer says someone with Sandham's military and cop experience would have known how to unjam a gun. MH: I dunno. I'm not a gun expert
* MH says Taz helped assemble, then take apart and clean, some of the guns. Now, morning recess.
* Crawford continues cross, asks MH if he was ever charged, convicted of the killings, MH says no but he's in witness protection
* MH showing his witty side. Crawford asks if he was convicted of the eight killings? MH: No, I don't think anybody's been convicted.
* Crawford finishes his cross examination. Next up is Frank Mather's lawyer, Leslie. He gets right in there, firing questions at MH
* Cops said they'd pay you $750,000, right? Yes. That's a lot of money? Yes. You're a drug dealer? I was. Ever make $750,000 dealing? No
* MH says the witness protection program pays his bills, his rent, in exchange for his testimony.
* MH says he was an informant all along, his Winnipeg handler was a cop named Diac, he had his phone number memorized.
* Leslie: sir, you weren't going to Kellestine's farm for a social visit? MH: No, we were going to get the Toronto guys' patches.
* Leslie: Pulling patches is serious business, fair to say? MH: Yes. Can any Bandido talk to any other Bandido at any time? MH: Yes
* Leslie:You're saying a prospect can go up to a full-patch member & say 'I don't like you.Give me your patch'? MH: I wouldn't advise it
* Leslie: Were you bumped up to a full patch member as a result of these homicides and your participation? MH: Yes
* MH called his handler, his wife and kids from a payphone in Dutton. Got handler's voicemail, then next time his voicemail was full
* MH says he'd never seen Frank Mather before Kellestine's house. He arrived a week after Winnipeg guys cause he needed a place to crash
* Leslie: When did you talk about the murders? Did the cock crow and all of a sudden there was discussions of mass murder?
* Leslie asks why MH didn't call Diack (Winnipeg handler) to tell him of plan to kill TO members. MH: Disnt have any cellphone minutes
* MH: Wayne made it clear we weren't allowed to use the landline and there were others around so I didn't want to call
* Leslie to MH: You lied to Diack? Yes. You lied to your wife? Yes. Did she know you were an informant? No.You're lying to everyone? Yes
* Leslie: You're not telling anyone, and any of your friends, you're an informant, are you? MH: Not if I want to stay alive, no
* Problem arises with transcript: MH says he said "Wayne wants to know if Chopper was shot BY MISTAKE," transcript says "BY THE STATES"
* Lawyers arguing whether jury should watch original video statement by MH to figure out which is right.
* About to watch . . . Sounds like "shot by mistake," Leslie concedes. Justice in action
* MH says Kellestine's property was surrounded by an 8-foot inner gate that was chained and padlocked.
* Having guns was meant to be a show of force in case the TO guys refused to give up their patches, MH told the preliminary inquiry.
* When MH heard the pops and ran into barn, he sees Wayne with a shotgun standing over the Toronto guys, who are on the floor face down
* MH had testified that Mather was "skittish" that night
* MH says on three occasions (original interview, prelim, earlier last week) that he wasn't sure if Mather ever went outside w/ anybody
* MH I know people went out. I know Taz went out. I know Mushey went out. I'm not certain if Frankie (Mather) went out
* End of Leslie's cross. Next up is Bryant, lawyer for Marcelo Aravena. He starts by pulling out a photo of Raposo (Chopper), alive
* Bryant: Here's a picture of him, dead. You saw him wrapped in a rug, carted out like a piece of garbage. You didn't kill him? MH: No
* Bryant: Did Mr. Aravena kill him? MH: No. Bryant: Here's Boxer. He's dead. Did you kill him? MH: No. Bryant: Did Mr Araveno? MH: No
* Right after picture of Crash, MH wipes his eyes, crying. He gets quiet, court gets hushed.
* MH says they didn't plan to kill anybody. There was no plan whatsoever to kill anyone.
* Byrant goes over eight dead men and says his client, Aravena, is No.9. (or could have been). He suggests MH could have been No.10
* At time of killings, Aravena was nervous. He was "cryin' whimperin" MH says. Mushey laughed about Aravena being scared
* MH says he was scared too, thought they might all "get done." Yes, Aravena seemed nervous that night, MH says.
* Marcelo wasn't singing. He wasn't dancing. He wasn't doing a jig. He wasn't dancing around like a princess. He was sweating like a pig
* Bryant: In fact, he was like a deer in the headlights. And you? MH: Yes, me too. Wayne was telling everyone what to do
* After Pony, you didn't know if you were going to get done (MH wipes eyes). We can't take that from you. Marcelo No. 9, MH No. 10.
* That concludes Bryant's cross examination for the day. We continue tomorrow at 9:30 a.m. with more. Back then.
-------------------------------------
July 28 2009
* Cross examination of star witness MH expected to resume today after 10 am. T'was delayed Friday because MH was ill.
* Aravena's nicknames included Fat Ass, Great White Chilean Ape and Mountain gorilla. He and Gardiner were the bottom on the totem pole
* Much testimony can't be reported cause we can't put anything that identifies MH. Check out story I just wrote at lfpress.com for deets
* Both Aravena and Gardiner were teased and stupid. Bryant: This is the kind of guy you could step on as opposed to climb over. MH: Yes.
* Wayne told Gardiner to go outside and get a pickle from the pickle tree, Bryant says "And he was stupid enough to go outside."
* MH says Gardiner was the stupider of the two (btw Aravena and Gardiner). Both cooked, cleaned, washed dishes, etc.
* Bandidos Cooking 101: Throw stolen pizza into the oven. Call it dinner.
* MH dropped out of high school. Was an athlete before that. Now working on getting his GED. Did painting, construction, bouncer jobs
* Survived on welfare then, now he's still living on government's dime, Bryant charges, because he's getting stuff paid for by province
* MH also earned money selling coke, made $thousands$ a week. Now province pays for rent, groceries, medical expenses, therapy if needed
* MH's kids, wife, whole life (including the family guinea pig) got moved as part of witness protection program.
* MH was in CONSTANT contact with cops (and later the crown team) and Bryant is suggesting his testimony is an act, prepped.
* MH: Can I get something straight? I relive that day every day of my life. Sometimes things take me back, a smell, a sound . . .
* MH: . . . You can say what you want to say, I was there, the accused were there. You can call me what you want. I've been called worse
* MH agrees that trial, etc. has had an "emotional impact" on him. He was shocked, stunned that night, he admits.
* MH: But I was still a biker that night. We all were bikers that night. Everybody stuck to biker code that night.
* But MH says he was "scared as hell" the night of the killings. The killings weren't supposed to happen originally.
* MH is trying to make amends, he says. "I'm trying to make a wrong into a right."
* Cops told MH that he could "be on the bus or under the bus. What do you want to do?" when asking him to cooperate with them.
* That's it for this morning. I'm in the main courtroom today. it's a whole different atmosphere. Can look MH, accused in the eyes
* Bulk of this afternoon's testimony has been focused on whether Aravena was a friend or prospect of the bandidos (friend is lower).
* There've been some tense exchanges btw Bryant & MH. Example: "Friend or prospect, call it what you will. He still showed up," MH says
* MH: You can call him friend or you can call him dancing like a princess, he was there. He was holding a gun or a baseball bat.
* At prelim, other sworn statements, MH said Aravena was friend, then got bumped to prospect 'cause of the killings. Now says different
* Bandidos Structure 101: (From top to bottom): Full patch, probationary, prospect, friend, hangaround.
--------------------------------
July 29 2009
*Lawyer Tony Bryant continues cross examination of MH on issue of Marcelo Araveno's status within the Bandidos.
* MH maintains Aravena was a prospect with the Bandidos motorcycle club.
* MH says he was unaware Aravena had problems in high school
* MH questioned about Aravena's ability as a mixed martial arts fighter. Agreed he didn't train, but said he was still a good fighter.
* MH grilled on why his testimony now is that Aravena was a prospect, but at preliminary hearing said he had a lower status.
* MH: "It is strange, stuff comes to me at different times. My lawyer calls me the Rainman for that very reason."
* MH says Aravena used to tell fellow biker Brett Gardiner that if he could pin him on the ground he would do the dishes for a month.
* MH: "He could never pin him."
* Bryant asks about failure of Winnipeg Bandidos to own bikes. "This was a biker club without bikes." MH: "Pretty much."
* Bryant asks about meetings with police or Crown after MH's testimony at the preliminary hearing.
* MH rejects suggestion he was told by police he could change his testimony at the trial and not be charged with perjury.
* Asked again on how his testimony could change from the preliminary to trial MH says; "I'm not a machine. I am not like a computer."
* MH says Aravena was a prospect the night of the killings. "I was gloved up, he was gloved up, putting guns together."
* MH: "I am telling you like it is."
* MH testifies that when Winnipeg Bandidos headed to Ontario it wasn't their intention to kill anyone.
* Wayne Kellestine raised killings when he said "Kill one, kill them all," MH said.
* Bryant suggests pulling patches isn't the equivalent of killing. MH: "It really depends on the club."
* MH: "My understanding of the Bandidos World at the time was everybody is brothers and gets along."
* Winnipeg Bandidos were all warned that drugs were not allowed. Marijuana was the exception.
* Bryant asks if MH recalls hunting with Kellestine and others when Kellestine got a little goofy.
* Bryant suggested Kellestine picked up black material from a tree and ate it, telling the group it was raccoon shit.
* MH said he didn't recall the incident, but agreed it was possible. "That is pretty much Wayne Kellestine."
* Kellestine was displeased with the Toronto Bandidos because of their drug use, particularly Chopper and Boxer, MH said.
* MH is asked if he really wanted to be a Bandido when he was a police informer. He replies "yes and no."
* Asked if he wanted to be a Bandido if people were to be killed, MH replies: "That isn't why I joined the club."
* Asked why Brett Gardiner did more the menial chores such as carrying water than Aravena, MH said it was because Aravena was lazy.
* Bryant challenges M.H. on how many times Kellestine said "If we kill one, we kill them all" and "Prepare for the worst."
* M.H. said it was said more than once. Bryant: "I suggest to you that is patently false. that is wrong." M.H. disagrees.
* Maybe this was supposed to be a page for the O.J. Simpson trial. Bryant asks M.H. to put on a pair of purple latex gloves and rip them. ...
* M.H. rips the latex glove. Not sure what that was supposed to prove.
* Bryant suggests when M.H. enters barn after hearing shots that he didn't know which team people belonged to.
* M.H.: "I had a pretty good idea. We were the ones carrying the guns."
* M.H. said he said little that night. He once asked Michael Sandham if he shot Chopper. "He said yes, that Chopper shot at him first."
* M.H. said it was quiet in the barn, that it wasn't the time for a chat session or to go on Facebook.
* M.H. said Toronto Bandidos allowed to get off floor and sit on chairs except Jamie Flanz, who was picked on by Kellestine.
* M.H.: "Wayne was going by smacking him on the head several times." Flanz had to remain sitting on the floor.
* M.H. is asked about the conversation he heard through hole in side of barn when Toronto Bandidos arrived.
* A Toronto biker says he has "a fucking surprise for Taz when he shows up."
* M.H. says he thought he was going to put a hole in Sandham, shoot him.
* Asked why he wasn't concerned for his fellow Winnipeg biker, M.H. said Sandham had body armour and a gun.
* He also thought it might not happen. "Saying it and doing it are two different things in the biker world."
* MH asked how he looked that night. MH: "I don't stand in front of a mirror and jot down what I look like."
* Court adjourned until 10 a.m. Tony Bryant to continue his cross examination of MH.
--------------------------------
Aug 4 2009
* I am back at the Bandido trial and hope to Twitter more on the lunch break... MH is back in cross-exam by Mushey's lawyer Michael Moon.
* MH agrees he was "relieved" when he was charged with drug offences - "only way to get away from Hells Angels"
* "Only way to get away from Hells Angels is to run and hide or be put in a body bag," MH testifies.
* "I don't gain anything by lying. I lose if I lie," M. H. testifies. Defence lawyer says M. H. has to be "caught lying.
* M. H. says his Winnipeg police handler never took notes during their meetings and "didn't trust" anyone including his superiors.
* Moon reminds MH he could be charged if he is caught lying. "You don't want to go to jail for the rest of your life?" "Who does? MH replies.
* MH agrees Michael Sandham was "the political mind within the Winnipeg chapter," but questioned whether Sandham was truthful.
* MH still having "Rainman moments" and remembering details.
* Moon calls MH " a liar". "I have everything to lose by lying, nothing to lose by telling the truth," MH says.
* Called Chopper's promise to "put a hole in Taz" as "biker bravado".
* Moon said MH is lying to avoid prosecution. "It will be tried someday in a higher court than this," MH said quietly, his eyes reddening.
* Quick Bandido update: About an hour of cross-examination by Michael Moon before break for legal arguments. Back at 2 p.m.
* Bandido update: Star witness M.H. tells defence lawyer, "You can suggest all you want, I was there that day.
-----------------------------------------
August 11 2009
* Bandido update: Informant's police handler testified no promises made to M.H. when he came forward about the shooting of eight bikers.
* Bandidos update: Police handler said M.H. told he should be prepared for jail before M.H. signed agreement for immunity from prosecution.
* Bandido update: Det. Sgt. Mark Loader and his partner were in Winnipeg to check sources six days after the bodies were discovered.
* Bandido update: M.H.'s first interview with Ontario officers lasted three and a half hours. He followed up with more info and meetings.
* Bandido update: After the first interview with M.H., Ontario investigators were given a list of 33 specific leads to follow up.
* M.H. update: Loader testified he has met with M.H. several hundred times, sometimes to go over evidence, other times just to "talk".
* Bandido update: M.H. is cut off from the outside world; with a new identity and away from extended family and hobbies. He does not work.
* Bandido update: Jury saw small part of Kellestine police interview: "I am a deaf mute. I don't hear a word you say. I have nothing to say."
* Bandido update: Kellestine told police he had "the worst hangover in my life" from drinking Labatt's 50.
* Bandido update: Loader testified Kellestine didn't smell of alcohol when he was picked up at his farm.
* Bandido update: Jury given an early lunch because of legal arguments. We return at 2:15 p.m.
-----------------------------------------------------------------------
*Bandido update: DNA from five Bandido victims found on .22 calibre rifle in Kellestine farmhouse. Guns found in secret kitchen compartment.
*Bandidos update: Correction....DNA linked to the five Bandido shooting victims found on the .22. Forensic science will never say "match."
* Bandidos update: Jury hears Manitoba Bandido Michael Sandham deny involvement in shootings at his arrest three years ago.
* Reviewing timeline using phone records and email from December, 2005 to June 16, 2006 when last Winnipeg biker was arrested.
* Bandido update: Tire and footwear impressions expert testifying this afternoon, explaining the science of tire identification.
--------------------------------
Sept 9 2009
* One Bandido accused Michael Sandham is testifying this morning. I'm a bit late but he's talking about his relationship with Kellestine
* Sandham: Kellestine had a "very dark sense of humour but it didn't really phase me. It could phase someone of the general public.
* Sandham says at Kellestine's farm they talked about killing Boxer. "Wayne would do anything for a laugh."
* Men at Kellestine's farm laughed that "Bam Bam would just piss himself" if he got scared, Sandham says. Wayne had lots of guns around
* While playing Battleship at Wayne's farm, Sandham said people were discussing killing Boxer and Chopper and cutting them into pieces.
* Sandham: Mushey was excited (about the possility of killing) and said 'look at my goos bumps, I've fantasized about this all my life.
* Wayne had a "torture kit" that he had at his house. After Marcello arrived, he said "Kill one, kill them all."
* "Being a former police officer, I know you can't get away with that," Sandham says. Wayne told him it was a joke, no plan to kill.
* Wayne said "no blood will be spilled on my property." Sandham says Mushey was getting "antsy so he wanted to shoot something.
* Morning recess. Back after that. Lots of people here in overflow court to hear Sandham testifying in own defense. Very interesting.
* We're back. Forgot to tweet before recess: Sandham said he couldn't even shoot a rabbit, let alone a person.
* Jury still out, lawyers are speaking to the judge. Lots of people from courthouse are in overflow court to watch Sandham's testimony.
* For the record: Boxer =John Mucedere, Crash =George Kriarakis, Chopper=Luis Raposo, Taz=Sandham
* Sandham back on stand. Sandham says he had rubber gloves in his gym bag 'cause he did tattoos on the side and forgot to take them out.
* Dwight Mushey asked to put on rubber gloves 'cause he didn't want to handle guns without them. There were always guns around, Taz says
* Prep: Everyone putting on gloves. Some sawing off shot guns. Sandham says he wasn't present for the cleaning of the guns.
* Kellestine told guys in house that he'd greet the Toronto Bandidos in barn with lights off. "I wasn't sure what to make out of that."
* Sandham says MH was the security guy in Winnipeg. Wayne was afraid that Boxer or Chopper would just leave after showing up.
* Wayne told MH, Mushey,and Taz to hide in barn. There was absolutely no plan to kill anyone, Taz says. Wayne was gonna be nat'l prez.
*Taz: I thought I'd hide in the loft, which in retrospect was a bad place to be because there was no way out. I had the 303 in the loft.
*Guns only there as a show of force. Sandham said he only had the .303, no shot in the chamber because didn't expect any problems.
* This is a gun similar to the one Sandham had in the loft with him. A bolt action rifle.
* It was taking a while, so MH and Mushey went outside to hide. Sandham left 303 in the loft, started to climb down the ladder.
* Sandham, Mushey, MH start chatting, Wayne gives them a walkie-talkie for communication. Mushey + MH go outside. Sandham goes to loft.
* Sandham says he's nervous because he's "always nervous when guns are around." Flanz, Sinopoli arrive. Say "everybody" is on their way
* Hiding in loft, Sandham hears Flanz and Sinopoli talking. Flanz says "this isn't right," Sinopoli agrees. Raposo, Muscedere arrive.
* Sandham hears click, like a gun, someone says "this is for Taz when he walks through the door." Sandham says he's cornered.
* Taz: I started to think about what I'm going to do and how I'm going to get out of here, thinking about my daughter. (Voice breaking)
* "I started to think about how I'd never see my daughter again," Taz says, crying on stand. "I thought I was going to be killed."
* Sandham sobs that he thought Chopper was going to kill him. Sniffles.
* Guys in barn start talking about a murder, said someone "didn't die like a man." "I realized I was surrounded by a bunch of killers."
* Frank Mather came into barn, gave beer to the guys and went back outside.
* Guys in barn talking about who had brought guns.
* Sandham says he was wearing a bullet-proof vest and a 'trauma plate' that he had duct taped to it. He says he always wore it
* Taz: When I have sit downs with Hell's Angels, when I go to bars with bikers, I wore the vest except when with my wife and kids
* Chopper sees Taz in loft, Chopper goes into gun-shooting motion (bears-down), Taz yells at Chopper that we're just here to talk
*Chopper shoots. "I actually felt the warmth from the gases when he shot the gun. I flinched and my gun went off," Sandham says.
* Sandham: I'm yelling at him to stop, but Chopper shoots, I flinch, my guns goes off. MH fires his shotgun.
* MH shot and his bullet grazed Paulie. "Everything happened so fast," Sandham says.
* Break time. Sandham to continue his testimony after the break.
* We're back. Sandham testifying that Wayne is yelling at everybody, "why is everybody shooting," no one is supposed to shoot.
* Bam Bam tells Wayne that Chopper shot first. Wayne tells everyone to get down on the ground, Taz took .303 and climbed down the ladder.
* Wayne tells guys to sit tight, takes Sandham outside and looks in his eyes, says "things have changed" and asks what they should do.
* Sandham told Wayne that the shooting was an accident, no problem. "There's a dead guy on the floor and two need a hospital."
* Sandham tells Wayne let's take our chances (with the police). Bam Bam had told Wayne he knew a good place to dump a body
* Wayne goes to house, Taz apologizes to Boxer for shooting Chopper. Wayne comes back with duffel bag with handcuffs, rope, shackles
* Wayne's bag had a full OPP uniform with vest, etc. Wayne says Bam Bam would take care of Chopper, everyone else would go home
* Wayne says they're going to drive the others home, but will handcuff them up in case they try to take the wheel, etc
* Wayne asks people whose car belongs to whom, they're going to move cars around with MH and Mushey. Comes back in and asks for Boxer
* Wayne asks Gardiner for .22, makes sure it's loaded and ready and tells Boxer to come outside with him. Aravena, Mather come into barn
* Gardiner says he heard two pop-pops (holds up finger in gun motion). Taz yells "what the fuck are you talking about" and runs outside
* Outside, Wayne is in the Volks, Sandham thinks Gardiner just heard car doors. Flanz is worried that Wayne thinks he's an informant.
*Crash is on the floor, Sandham says he's afraid he's going into shock so cover him up.
* "I kind of snugged him in because he was still cold," Sandham said.
* Crash's wounds "didn't appear to be life-threatening" and he didn't seem to be in a lot of pain but concerned about shock
* Paul Sinopoli said he'd go start the tow truck, warm it up so they could take Crash to the hospital. MH, Wayne, Paulie go out.
* Crash's eyes start wandering, he's going into shock, Sandham says. Goes outside to tell guys to hurry up. MH has .22, Wayne in house
* Sandham reassures Pauli that "we're all going home" and gives him a big hug. Goes back into barn. Never saw Pauli again.
*In the barn, Sandham helps Crash up, they stumble into the warm tow-truck, Crash helps him and Taz goes back into barn
* Frank is covered in blood for some reason, shakes Mushey and MH's hand, then goes out with Wayne.
* Sandham: Chopper laying on the floor there is starting to make me feel sick to my stomach so I step outside for some air
* Sandham: I stepped outside, that's when, right then, Wayne shot Frank Salerno. (Voice breaks, starts bawling, afternoon recess called)
* We're back. Sandham says a muzzle flashed and the flash illuminated Kellestine who was standing over Salerno. Taz runs back to barn
*Sandham: I was in shock. He's shooting somebody. I was scared. I didn't know what to think. I had to keep a straight face
* Sandham: I was thinking about what to do to stop this. It crossed my mind to shoot Wayne but I didn't have a firearm.
* Scenarios going through Sandham's head: shoot Wayne, but could get shot. Run but the fence is barbed wire, then 600m of open field
* Sandham (crying): I thought about a lot of things. I thought about my family, about getting to a phone but my phone was in the house.
* Sandham: I sucked it up and just stood there and pretended not to have a problem with it.
* Sandham says he didn't know which guns were loaded, didn't have a gun with him. Mushey asks Wayne if he could "do" Paulie or Mikey
* Wayne and Mushey take Paulie out, Sandham asked to follow to help, someone (maybe Mather) comes with them
* Wayne tells Pauli to get into the trunk of Flanz's car 'cause he's a big guy and there's no room anywhere else for him.
* Wayne pulls out the .38, tells Mather "Here, take this. Shoot Paulie twice, make sure he's dead." They're blocking Sandham's view
* (Crying) I think if I had a gun at that point, I would have shot all three. (But he couldn't cause they all had guns and he didn't).
* Paulie says to Wayne "You're not going to shoot me, are you Wayne?" and Wayne says "No." Paulie crawls into the hatch.
* Sandham walks back to barn, ducks as he hears a shot ring out. Gun similar to .38 used on Paulie:
* Back in the barn, Sandham looks at MH, shakes his head in disbelief. Chopper had by now been rolled up in a carpet and put into Volks
* Flanz, Trotta and Boxer carried Chopper's body out to the car. They were having trouble and dropped him halfway to the car
* Mushey and Wayne tell Mike Trotta "it's time to go." Mikey gets up. and goes outside with the. Sandham stays in the barn.
*The three were outside for "quite a while," Wayne comes back alone and tells Sandham to follow him, hands him the .38 semi-auto
* Wayne tells Sandham "It's your turn, we want you to do Flanz." Sandham says "I didn't come here for this." Wayne's eyes go wide
* Wayne tells Sandham "If you don't like this, get in the car and I'll be right with you." Sandham says that meant kill or be killed
* (Sniffling again) Sandham says to Wayne "I don't know how to do this. I'm not doing this. I didn't come here for this."
* Wayne + Mushey say they've "done" the others, it's time for Taz to do his part. Mushey takes gun from Sandham and says "you owe me"
* Sniffling: You don't train for this kind of stuff.
* Mushey and Sandham go back into barn, tell Flanz it's his turn. Wayne brings out a black jug of some kind of acid.
* Sandham: I should have shot him when I had the gun but I didn't. I couldn't bring myself to. Targets are one thing, murder is another
* Sandham: How am I supposed to murder someone to save someone else. I couldn't do it.
* Flanz, Mushey, Sandham go outside. Sandham tells Mushey "I'm not doing this," goes to another part of the yard
* Car door opens, car door closes, Sandham hears BANG (really loud) and then hears Mushey call out for him to come over to him
* I had reason to believe Gardiner was in danger and I was concerned and yelled at Gardiner and Mather to "get the fuck out of here"
* MH has already testified that it was Sandham that shot Flanz under the eye, but Sandham denies shooting Flanz.
* Mushey tells Sandham to shut the window 'cause he couldn't figure out how, tells him the gun is "a piece of shit" because it jammed
* When I reached in I could see that Jamie had been shot already in the side of the face. His head was down and to the right.
* I told him to just leave him alone, he looked dead to me, but Mushey said he had to shoot Flanz twice just like Wayne had told him to.
* Back in barn, everyone pushing around brooms with acid to clean of blood. There was a crack in floor that blood had gone down
* Sandham explains how to unjam a jammed gun and how his training would have helped him do that had his gun ever jammed.
* Sandham: 99% of jammed semi-automatics can be unlocked with a slap-rack or tap-rack technique, takes a second to clear the stoppage
* Court is adjourned until 10 a.m. tomorrow. I'm over and out
-----------------------------
Thurs, Sept 10, 2009
* Jury filing in now. Sandham (Taz) on stand. His lawyer is about to begin questioning. Left off yesterday in barn after everyone dead
* So, all eight men are dead. Sandham takes a walk around Kellestine's farm, to "take a few breaths, absorb what just happened."
* MH gets into tow truck, Mushey + Aravena in Grand Prix, Gardiner + Mather in another car together. The convoy leaves the farm
* The Bandido convoy going along, pulls onto 401. Sandham says he's in own car, was crying, thought of going to Dutton OPP but didn't
* Sandham says he's thinking about turning back but is concerned about family, almost made to turn around in his car, but came back.
*Mushey got into Taz's car was, very angry that he was thinking about turning around. Mushey threw two sets of keys out of car window
*Back at farm, Wayne says "Take off your shoes, take off your clothes. Down to your underwear" and had everyone put clothes into bags
* Everyone had brought extra clothes, footware (but Sandham hadn't. Only had one pair of shoes). Wayne going through dead men's stuff
* Wayne holds $20 bills that belonged to dead man Luis Raposo. "They were soaked in blood." Wayne joked + asked if we needed gas money
* Clothes, money, personal stuff, knife that Sandham had given to Raposo, etc. go into garbage bag. Sandham tries to start fire, can't.
* MH pours gasoline onto fire pit, he starts the fire. The firearms had been disassembled and cleaned in the kitchen in house.
* "Once the fire started, I just wanted to get out of there." Aravena, Mushey, MH and Sandham pack up the car, then it's time to go.
* Sandham helpfully offers to clarify about Bandidio membership. When you joined Bandidos, you joined TO chapter b/c no Winnipeg chapter
* But, Sandham says, Winnipeg Bandidos would pretend they had a big chapter so Hell's Angel's would think they were strong.
* In 2005, Mushey, MH and Sandham went to TO for introductions, hoped to become Bandido members. "It went very well."
* Sandham says he decided to "infiltrate a motorcycle club for the purpose of becoming an agent."
* He'd heard on the street that Bandidos were coming to Winnipeg so he started learning about biker culture.
* The book that inspired Sandham to become a biker agent was Hell's Angel's: Into the Abyss
* Sandham says he also read Hell's Angels: Taking Care of Business as part of his biker research.
* Sandham says cops "cultivate" informants by arresting them for minor charges, asking for info. Thought he was shoo-in b/c he's ex cop
* Sandham talking about different meetings in 2005 at Kellestine's farm, other places. The meetings are called "runs"
*Sandham now going over emails he wrote. His email is tazmanrider, he wrote to chopper about taking over the treasury
*"It's common practice in the biker to use aliases, which I did to fit in," Sandham says. His alias was Pete Peterson.
* Luis Raposo's alias was Manny Mellow (spelling?)
* Email to Bandidos USA: "The day I became part of this family was a great honour for me." Signs off: "Much LOVE, LOYALTY and RESPECT"
* Sandham: Bandidos like to hear about their club, about the brotherhood, that you're all about the club. We call it stroking.
* Sandham talking about emails and posting on Bandidos Nation website. Confusion whether Winnipeg is or isn't a probationary club, etc.
* We're back. Sandham talking about he went to Vancouver to fix problems with Bandidos.
* At Vancouver mtg, David Weiche (Londoner, son of neo-Nazi biker Martin Weiche), said he wanted to be national president of Bandidos
* US Bandidos were going to meet Canadian Bandidos in a "no man's land" between Washington+BC borders (Peace Arch Park)
* Sandham, Wayne, Wieche met with American Dave, Mongo, Brian G (US Bandidos) met at the park. They were discussing membership, etc.
* At no-man's land park meeting, talking about brotherhood, how to show love for biker brothers. US tells Wayne to kill Boxer & BamBam
* Wayne said no problem, they would die. Wayne would be nat'l president, US Bandidos agreed. Then Bandidos went for lunch
* Later, Wayne said he wouldn't kill them because he wouldn't be "dictated to" by USA. Wayne said he might pull Boxer's patch, at most.
* Bandidos aside: A high-ranking Bandido is named Hawaiian Ken. I know it's no laughing matter but when he's mentioned I think of Barbie
* Sandham testifying about discussions about whether they should carry out US orders to kill Boxer or just pull his patch.
* Sandham: American Bandidos were very upset that it was taking so much time to "do something" about Boxer. More infighting testimony.
*Now Sandham is back talking about trip back to Winnipeg after the killings, went to Walmart for shoes and "munchies."
*Sandham: We needed to shower. We didn't shower very often at Wayne's house because his water has e.Coli in it.
* Bought Head and Shoulders for removing gun-shot residue, napped a bit. Noticed MH's black leather globes in vehicle, threw them out
* We just came from a bunch of murders. Everyone's edgy, Dwight (Mushey) just wanted to check the vehicle for evidence so we did
* Went through the car to make sure no other evidence was there. Found a glove with bullet casings in it.
* Closer to Winnipeg, Mushey, MH, Aravena and Sandham are talking about a cover story. "The heat is gonna be on us right away."
* Mushey tells Sandham that first shot didn't kill Flanz, it grazed his cheek, had to shoot him a 2nd time and he opened his eyes wide
* Sandham: We were talking about how close we all came (to being killed) that night.
* Concern about whether cops were going to polygraph them. Sandham tells them 99% of the time, polygraph offer is a bluff by cops
* Bikers are messy?: "Imagine 4 large men going on a long trip and back. The car needed to be cleaned. There was mayo on the seats"
* Sandham gets car cleaned. Went to pick his daughter up from elementary school. Notices a truck in the parking lot a couple of times
* Sandham sees same truck watching him as he's changing tires of his car. Cop also came to his door and told wife his life was in danger
* Back in Winnipeg, Sandham gets visit at home from OPP & Winnipeg police who ask where he was during killings
* Sandham says the officers were asking about killings, he said he was raking his yard at Winnipeg home at the time.
* Sandham's little daughter runs out as cops are questioning him, she hugs his leg. He says he won't give statement b/c he's afraid
* Sandham says he was afraid the US Bandidos would have him or his family killed if he gave the cops a statement.
*I for sure knew a black truck was following me, Sandham says, but didn't know friend MH was wearing a body pack and taping them
*El Presidente of the Bandidos told others that Sandham was out of the Bandidos. Sandham says he was scared for his life
* Sandham wanted to have a sit down with El Presidente in the US, so says he needed to create a ruse, an "illusion that I was somebody"
* Flights too expensive, gas too expensive for truck, so rode Harley "I knew that would look impressive," Sandham says. Bikes to Houston.
* Sandham: Tried to call national secretary, called Bandido Pervert, told him he was there, got a hotel, Pervert set up a meeting.
* Bandido Pervert and Scary Larry meet Sandham in a Huston bar with a dude named Jeff, take him to men's washroom and strip him down.
* Once Scary Larry and Pervert are satisfied that Sandham's not wearing a wire, they apologize for the inconvenience and go to the bar.
* US Bandidos say "Orders are orders. If I order him to take a piss in a corner he better be gettin up and takin a piss in the corner"
* US Bandidos stand Sandham up. He's worried. Pervert finally calls and says Canadian cops are in Houston looking for him.
* US Bandidos were going to give Sandham a Texas patch, take him to a meeting the next day. Things are going well, he goes home.
* Lawyer: What did you do? Sandham: I got out of there. I didn't think I'd even be able to get across the border.
* Sandham's back in Winnipeg. At 12:20 a.m., he and wife are eating Chicken Delight and watching TV. Kids are asleep.
* His son is sleeping in the front room on a mattress, Sandham takes two Robaxacet (for back pain) and goes to sleep at 3 a.m.
* Sandham woken up by a large bang in the front room. Startled, he jumps up, thought it was a pipe bomb, rushes to room thinking of son.
* Shielding his son with his body, Sandham realizes it's the cops who threw a sledgehammer and cell phone through the front window
* Cops tell him he's under arrest for eight counts of first-degree murder. As he's led out, there's a line-up of cops on his lawn
*Winnipeg Emergency Response Unit (kinda like SWAT) commands him out. Dog lunging at him, cops warn him to listen or he'll taser him.
*Sandham's wife held off by cops with machine gun, hands up, being pressed against a wall. (This upsets him 'cause wife not in trouble)
* Throwing sledgehammer through a window is police procedure in Winnipeg to surprise a suspect. Sandham's taken to Winnipeg cop shop
* Sandham: I was concerned about my kids, about their welfare, who was going to look after them. I was just looking out for them.
* Lawyer: At any time was there a plan for you to kill these eight people? Sandham: No, there wasn't. Sandham's lawyer done with him.
* Frank Mather's lawyer, Rob Lockhart, is now going to cross-examine Sandham. Starts talking about US vs. Canada.
* At night in barn, Wayne asked for everyone's belongings (Bandidos patches, other material). Kellestine made Mikey take tally of stuff
* The US was much more strict about rules re: patches, motorcycles, Sandham tells Lockhart. Canada tended to bend rules
* Bandido Rule No. 7: All members and prospective members MUST HAVE AND RIDE A HARLEY DAVIDSON OR LIKE SAME MOTROCYCLE.
* Rule (con't): The motorcycle can't have a downtime of more than 30 days a year.
* Everyone needed to have a motorcycle to be in the club. Frank Mather doesn't have a bike or even a motorcycle license.
* Prospective Bandido members MUST attend meetings and rides unless they have special permission not to be there.
* Lawyer: Has Frank Mather ever attended any run? Sandham: He wasn't riding a bike, he was working the bar.
* Bandido Rule No 14: Stealing or bad talking one another WILL NOT BE TOLERATED
* Mather was at June BBQ wearing a support shirt. Examples of support clothing:
* Mather's lawyer is going over rules, patches, vests, where certain patches are supposed to be attached -- stuff we've heard before.
*Sandham getting grilled about where Mather was at what time in the barn. At one point, he brought beer into the barn, Sandham says.
*At another point, Mather came back into the barn with the bolt-action rifle.
* The US Bandidos think that Canada is like a city or a state, not a sovereign Bandido nation.
----------------------------------
Fri, September 11, 2009
* We're about the get started at the Bandidos trial. Frank Mather's lawyer, Lockhart, is cross-examining co-accused Michael Sandham
* Bandidos don't like to communicate over the phone but like to do things over the phone, Sandham says that's why he went to the States
* Sandham says he was trying to salvage the relationship between US and Canada Bandidos by going down and talking to El Presidente
* Everyone was "out of the club" because El Presidente Jeff Pike shut them down, Sandham says. But they were still operating as a club
* If Chopper and Boxer had their patches pulled, Wayne Kellestine would become the new top dog, Sandham says
* A Winnipeg Sun article written about Sandham, that he was president of a probationary Bandidos chapter, that he was a former cop
* He had told his Bandido buddies that he'd served as an auxiliary police officer because cops (even former) aren't allowed in Bandidos
* Not a lot to tweet about from the trial right now -- Sandham's pinning down who knew what when about American vs Canada Bandidos
* Sandham goes to Wayne's. "Wayne had an open-door policy for his friends and for members. That's the way Wayne was."
* Either Wayne or Sandham, while out for a ciggie, said they'd kill Boxer. MH says Sandham said it, Sandham says Wyane said it.
* Lockhart is finished with Sandham. Aravena's lawyer declines to question him. Now Hicks, Gardiner's lawyer, gets his turn.
* Hicks to Sandham: You're a very talkative fellow. You tend to go on? Your statements have been six hours, five hours.
* Sandham says Winnipeg wasn't a probationary chapter, they were Toronto members acting like their own club
* Sandham: "We'd just get together and talk about stuff. There wasn't that much going on in Winnipeg." Hicks: Sounds like a Garden Club
* Sandham: Canadian Bandidos were "technically" wearing patches that weren't allowed 'cause Texas hadn't approved their clubs.
* Sandham said he'd say he was only saying he was the president of the Winnipeg chapter because Dave Weiche told him to lie about it.
* Hicks: You always seem to be blameless for everything. You never did anything wrong. Sandham: No, I wouldn't say that. I shot Chopper
* Sandham: I had no authority in the Bandido world. There were three of us, we didn't have six people required to be probationary club
* Hicks: You were trying to act like president? Sandham: I didn't know how to act like a biker. I had only been to a couple of meetings
* Sandham says all he knew about bikers was from research,he didn't know how to act. Lawyer: So, what, you just googled "one percenter?"
* Sandham says the conflict between Winnipeg and Toronto Bandidos was not over unpaid dues.
* Hicks grills Sandham about problems in his 400 page statement made Dec 2006. Did he want to make a deal or "tell his side," Hicks asks
* Bandido Taz Fact: In first statement Sandham gave to police after his arrest for eight killings, he said "I wasn't there" 223 times
* Sandham got $$ to go to Vancouver, to pay for Wayne's ticket from Ontario to Vancouver, etc., was from the Winnipeg club funds.
*Sandham worked as a tattoo artist for income, he didn't do anything illegal, didn't commit crimes. Just wanted to be an informant
*Sandhams's ultimate ambition was to be a police informant. Now we go to Dec. '06 statement given to police by Sandham
* Sandham says he didn't want to make a deal but "I was hoping they'd see I shot Chopper in self defence and it wouldn't be an issue."
* Cops have a letter from Sandham and his lawyer that they read in Dec. 2006, where Sandham asks for a number of things he wants
* Sandham wanted all charges dropped, witness protection program for himself & his family or to go back to military under a new name
* Sandham said at the time he'd also be willing to go back undercover if witness protection for him and his family couldn't happen.
* Sandham denies that these were deals he was seeking, says they were just private ideas he'd bandied around with his lawyers
* Hicks: You weren't seeking a deal? Sandham: No, sir. Hicks: You were not president of Winnipeg chapter? Sandham: There was no chapter
* Sandham says to cops in '06: "Everything MH has told you is wrong." Now that he's heard MH testify, Sandham says some of it was right
* Bandido blooper: Lawyer gets up and says "Good afternoon, Mr. Kellestine." Ooops. He's actually addressing co-accused Michael Sandham
* When arrested in June 16, 2006, Sandham was given MH's statement to review. Hick's grilling him about whether he agreed with MH
* Sandham is saying today that he agrees with a lot of what MH said in his testimony but in Dec. 2006 he said MH was lying to the cops.
* "With my last breath, I want to make sure these families get their closure," Sandham says, to let families know orders came from USA
* Sandham: (MH) has pulled the wool over your faces. I'm not going to let MH make a laugingstock of the police, the OPP and the court.
* Sandham to cops: You are dealing with an evil, evil man (MH). I've never even committed a crime. I've never committed a crime.
* Sandham to cops: I must have suffered from a mental breakdown that night because ever since I've suffered from post traumatic stress
*Sandham says he suffers from severe panic, flashbacks, is under psychiatric care and on medication. "I relive these events every day"
*The lawyer is going over what Sandham told cops in his 2006 statement, when he called the OPP and offered to give them information.
* Sandham to cops about shooting Chopper from the loft: "I wasn't even aiming it. I didn't even realize it went off."
* Sandham: It's not like I took a breath, used marksmanship. The gun just went off. I wasn't aiming it.
* Lawyer: It was just a fluke the gun went off? Once again leaves you in the position of being blamless. Sandham: You're twisting words
* Lawyer is trying to pin down if Gardiner ever had a gun. In prior statements Sandham said he didn't, today he's saying yes, he did.
* Sandham to cops: It's not my way to shoot someone down, but Brett Gardiner isn't very smart. He comes out and says he's dumb.
* Lawyer: in the 400 pg, 5-hour statement to police, you never say once that Brett Gardiner had a gun. Not once. Correct? Taz: Yes,sir.
* Lawyer: On three separate occasions, in hundreds of pages of statements, you never once said anything about Gardiner having a gun.
* Lawyer: Mr. Sandham, part of your idea to explicate yourself is to implicate as many people as possible, isn't it? Sandham: No, sir.
* Lawyer: MH told court and cops Gardiner never had a gun. That's what Sandham said, too, until his testimony when he changed the story.
* Jury sent out for legal arguments.
* Hicks is finished, now Michael Moon, defence lawyer for Dwight Mushey, is up to cross examine Michael Sandham.
* Moon starts by asking Sandham about military career. He was stationed in Nova Scotia, then started training to be with Airborne unit
* Sandham got pneumonia during his training and couldn't finish, then the elite Airborne Unit was disbanded because of Somalia.
* Sandham didn't get far in Airborne training (got sick after jogging in winter).
*Sandham says he isn't blameless here, but wouldn't plead guilty to manslaughter or second-degree murder or anything
*Sandham: In my mind, I took Choppers life, he shot me, I shot him, that's why I'm on trial here. But I'm not blameless.
* Moon: You are a devout family man, you have a wife, four technical children. You'd never do anything to put them in harms way, right?
* Sandham says that's right, he'd never put his wife or kids in harms way. He'd "man up" and do whatever he had to do to save them.
* Sandham in the military from 90-94 (never overseas), then got honourable discharge, worked in security and private investigation.
* Sandham started training to be cop in 1999. Worked for five years as a cop: In East Ste. Paul, St. Anne's, Prairie Bylaw Enforcement.
* Sandham went from auxiliary officer to full constable and back down to bylaw officer ("like security guard in a mall," Moon says).
* Moon: In all of your years as a police officer, you never were taught to disassemble a shotgun? You were training people on shotguns.
* Moon is grilling Sandham about how he didn't know about disassembling guns if he was a cop & bylaw officer who training people on guns
* Moon: The .303 was a standard-issue weapon for military in World War II. But you were never ever trained on the .303? Sandham: No
* When in the loft, Sandham says he needed to think about how the .303 would be used, how he'd load it.
* Moon: You shot once, you were aghast at what happened, and that was it? Sandham: I may have reloaded instinctively but I don't recall.
---------------------------------
Tues Sept 15 2009
* It's after morning recess. Moon (Mushey's lawyer) crossing ex-cop/accused Sandham
* Moon is showing a still from an Outlaws biker funeral in Sault Ste. Marie, Ont. in Aug. 2002. In the photo are two bikers and Sandham
*Sandham was given a formal reprimand from the St. Paul (Manitoba) police -- he was a constable -- for going to a biker funeral
* Sandham denies resigning from East St. Paul police because of the biker funeral. Didn't attend his own disciplinary hearing
*Sandham went more than 1,000 miles to the Outlaw biker funeral of someone he'd never me. Lied to chief about it
*Judge to Sandham: These questions are not an opportunity for you to talk about whatever you want to talk about, Mr. Sandham
* Discipline hearing was because Sandham lied but he resigned before the hearing. He knew reasons for hearing would be secret that way
* Sandham's status as a peace officer was revoked on Oct. 18, 2002. Moon shows a letter for the jury from Manitoba Justice
* Moon puts up a "biography" that Sandham made up when he was starting his own security firm.
* Sandham said he "was involved in training of military and police swat teams, anti-terrorism, riot control, repelling, unarmed combat"
* Sandham wrote that provided security for former Prime Minister Brian Mulroney, Princess Patricia, Defence Staff General De Chastelaine
* Sandham says he provided "secondary protection" for those people. Moon asks what Princess Patricia looked like. She died in '74
* Moon: Either you are lying or you escorted a dead member of the monarchy. Sandham: I'm going to have to make some inquiries about that
* Moon is challenging Sandham's testimony that he doesn't know how to take apart a shotgun. Moon shows him syllabus from police training
* One of the lessons was about how to remove the cap and springs from tubular magazine from a standard issue Remington shotgun.
* Sandham says he didn't teach people how to clean or maintain shotguns, he just taught how to use them as a police officer.
* Taz's resume: Fall '92 stationed in Bosnia w/ 3rd Battalion Princess Patricia's Canadian Light Infantry. But he never went overseas
* "I padded the resume," Sandham says. Moon: "I think we can agree that they were lies."
* Moon: You are prepared to lie if you think you're not going to get caught or if it advances your self interest. Sandham: No, sir.
* Moon to Sandham: You and OJ are out there, looking for the truth.
* In July 2007, Sandham spoke to the FBI in Washington to give them information about the eight killings on Kellestine's farm.
* He spoke to an FBI special agent about any connections there may have been between the Canadian killings and American Bandidos*
* Sandham started motorcycle club called Machine Crew so he could join Bandidos later on. He was president of Machine Crew, he told FBI
* Bandidos "patched over" the non-existent Machine Crew and let Sandham in. Moon: You create fictions to further your own cause.
* Moon: You're the guy who was moving and shaking to get Bandidos into Winnipeg.
* Moon: You said there's no chapter, not even a probationary chapter, in Manitoba. So why did you create bylaws for the Winnipeg chapter
* Sandham: We weren't authorized. We weren't a chapter, we were just acting like a chapter.
* Bandido rule: Any brother who commits suicide will NOT be eligible for a Bandido funeral.
* Sandham is accusing Moon of "playing with his words" as Moon tries to pin down how a fake Winnipeg chapter had real rules and bylaws.
* Moon tries over & over & over & over to get Taz to admit he was the president of Winnipeg Bandidos. Sandham says "that's just not true."
* Moon takes out emails Sandham wrote to Chopper signed "President, Bandido Probationary Chapter, Manitoba." Taz says Weiche made him
* In Jan, Feb, March '06, Sandham was the only Manitoba probationary member. Moon: You were deceiving MH & Mushey about chapter status
* Moon: On one hand you say there's no Bandidos in Canada, on the other you say there were. You have to pick a story and stick to it.
* Moon shows emails to Bandido Pervert (El Secretario in Texas) signing them Bandido Taz 1% but now says he wasn't a one-percenter.
* Sandham says he signed emails to Mushey and MH with "1%er" just to "encourage" them that they'd soon be full charter members
* Moon asks Sandham why his lawyer didn't ask MH questions about the charter status issue, which Sandham now says MH was lying about.
* Sandham: I'm not a lawyer. I don't know why he didn't ask those questions. Moon: Oh, so now you're throwing your lawyer under the bus
* Moon: It's always percolating in your mind that if real Bandidos find out that you were a cop, you're dead. They'll never find the body
* Sandham says he couldn't just leave Bandidos because they'd figure out he'd been a cop and he'd be dead. "It was a race against time"
* Crash has Sun article talking about Sandham being cop; Carlito & Stone are going to Winnipeg from TO. "Alarm bells are going off."
* Moon says that Toronto Bandidos Carlito and Stone were on their way to kill Sandham so he left Manitoba to go to Kellestine's farm.
* Carlito went to Sandham's in-laws looking for him and "scared the bejeesus out of the inlaws" Moon says. Sandham agrees.
* Sandham's fear of Bandidos finding out he was a cop was kept to himself because he couldn't express the concern.
* Carlito and Sandham were talking on the phone, Carlito said "Are you a cop," Sandham pretended not to hear the question.
* Moon: You had no concerns they were in Winnipeg; you were hoping the fiction you'd put in place would hold.
* Sandham: I wasn't scared when Wayne told me Carlito & Stone were sent to kill me. Thought Wayne was joking, Carlito was "cordial."
* Moon: C'mon Mr. Sandham, you're not a shrinking violet. You knew what was going on. You knew you were baiting the Bandidos to the farm
*Moon: I think you suggested you should be bait for Boxer & Chopper. And you convinced Wayne. Sandham: No, there's no convincing Wayne
* Wayne and Sandham squeeze into a Dutton phone booth, Wayne reads script from piece of paper to get Boxer and Chopper to the barn
* Moon: I suggest you were going to eliminate Boxer & Chopper because they were your chief antagonists. Sandham: No, sir that's not true
* Moon: You took position in loft b/c you thought Boxer & Chopper were only ones coming to barn. You were going to kill them from above.
* Taz: You're way off base. Moon: You took rifle w/ Singular purpose to kill them. They said they'd put a fucking hole in you, the pig
* Sandham cries a little bit, then stops to say to Moon: "You're wrong about that, sir." Moon: "You got over the crying pretty fast.
* That's it for the day. Back again tomorrow at 10 a.m. God save the Queen
---------------------------------------
Wed Sept 16 2009
* Just getting settled in the overflow courtroom. Michael Sandham back up today being crossed by Moon, Dwight Mushey's lawyer.
* Moon starts with asking Sandham about his nap in the Barrie parking lot of Walmart when the Winnipeg guys are driving home
* Sandham denies being the mastermind behind getting Boxer and Chopper to Wayne's barn. He says it was Wayne's idea to use Taz as "bait"
* Sandham doesn't agree that he was bait. "We were just trying to get them to come in to talk," he says.
* Sandham says he didn't think Carlito and Stone were in Winnipeg to kill him, didn't think his former life as a cop had been exposed.
* Moon: You were aching for the opportunity to tell the truth. But you weren't so overcome by horror that you couldn't take a snooze
* Soon we'll look at video of interviews with Sandham after his arrest but there's technical problems. Moon takes us back to the barn
* Moon: You go up to the loft with a .303 and you didn't check if it was loaded? Sandham: No sir, I didn't.
*Moon: Hmm, when I was a soldier I always checked to make sure my firearm had bullets in it. Sandham: I didn't think I'd need to use it
*Moon: You didn't even draw the bolt back a little bit to check for ammunition? Sandham: No, sir
* Moon: When time came to chamber a round you did it as quietly as possible, right? Sandham: No, I just hoped there was a round in there
* Moon: So you stand up, you operate the bolt, you can tell there's a round in the chamber? Sandham: No, sir I didn't know it was loaded
* Moon: So you're saying you stood up, exposed yourself to the threat below, jacked around, but didn't know if you have a loaded gun?
* Moon: You didn't know until after you'd shot Mr. Raposo that you'd shot him with a full metal jacket? Sandham: That's right.
* Moon: Of course you didn't mean to. You're the 'why can't we all just get along' guy, right? Sandham: Yes, that's right.
* Moon: You were the best shot in your class but you say you accidentally shot him in the trigger finger? Sandham: That's right.
* Sandham: I don't remember reloading. I don't remember shooting. Moon: So the trained military man, under pressure, forgets everything.
* Moon reads a different version of what Sandham said happened in the barn when interviewed in Dec. 2006. Sandham: I was mistaken then
* Moons says he thinks the cops told Sandham his version didn't match up with the forensics, so he changed his story.
* Moon: I don't mean to be rude but I don't want an explanation. I just want you to acknowledge your testimony is inconsistent.
* Moon trying to get Sandham to admit he's most comfortable with the 380 automatic (9mm). But Sandham's taking him around in circles.
* One of the guns that caused Salerno's death was the 380 automatic. Kellestine and Sandham were the only ones outside when Salerno shot
* U say u go outside b/c you're repulsed by Chopper's body. You're outside and you see Wayne shoot Salerno. But u said Boxer was 1st out
* Moon: Mr. Sandham, either Boxer is a Lazarus and he's come back to the barn, or you are a liar.
*Sandham's up in the loft & hears Raposo call him a "fucking pig" in front of 8 TO guys. Moon: The jig is up. The walls are closing in
* Moon: U hear Flanz & Raposo talking about killing a pig. U shot Raposo. I'm going to suggest you shot Jamie Flanz. Sandham: No, sir.
* Moon: Flanz was shot with a firearm you're most familiar with (the 380). I suggest you shot Trotta in top of his head with the 380
* Moon: I'm suggesting you fabricated your statement after you read MH's statement in disclosure. I suggest you're scrambling
* The DVD of Sandham's statement to police is "hot off the burner" and we're going to watch it very soon
* Sandham said to cops that during original shooting in barn, MH shot Paulie, Wayne didn't have the shotgun. Now says that's not true.
* Moon reads four times same statement made by Sandham to cops, which is completely different from what he's saying today
* Bammer shook hands of MH, Mushey, said "it was nice knowing you guys." Sandham refuses to shake his blood-covered hand
* Moon: You guard long-dead Princess Patricia, you see Boxer after he's dead. "You see as many dead people as that kid from 6th sense"
* Moon will now play the tape from June 16, 2006, with Det. Sgt. Michael Bickerton interview with Sandham
* Sandham's wearing a white sweater and sitting down in a tiny interview room, Bickerton is wearing a suit.
* Bickerton: Mike, you're not leaving here today. You're not under investigation, you're under arrest. You're coming with me to Ontario
* Cop: I'm not here to be your buddy. I'm here to do a job. If you need something to eat or coffee, or to use the washroom, let me know
* Cop: And Kathy (your wife) is here, she's under arrest for accessory after the fact. Sandham: That's bullshit.
* Sandham says he was injured when the sledgehammer was thrown through his window during his arrest.
* Interesting, as the cop and Sandham are having this exchange at the cop shop, there's violin/elevator music playing in the background
*Cops ask Sandham over and over if he's got any medical conditions, if he's on any meds, needs a smoke, etc
* Sandham has testified that he'd run barefoot across broken glass when cops arrested him, but he's said back then didn't have any cuts
* Cop: You were there that weekend. Sandham: I wasn't there. Cops: But the cops saw you there that weekend. Do you have a twin brother?
* Cop: What were you doing that weekend? Sandham: I was raking my dirt in my yard.
* Cops: I'm trying to give you some credit. You spent your adult life following orders as a cop, a military man, a Bandido.
* Cop: If you're here in Manitoba raking your lawn, how are you also on video at the London Airport? How are you at the Barrie Walmart?
* Sandham: I wasn't there. I wasn't there that weekend. It's bullshit. I don't care about the investigation -- I wasn't there!
* Sandham: (Yelling at cop) Why are you even talking to me? I'm not even a member. I wasn't there. This is bullshit
* Moon: As a cop, you understand the difference between remaining silent and concocting a story. You're constructing another fiction
*Sandham to Moon: The only reason why I'm making up a story is because I'm scared about my wife and kids.
*The cop appears very calm, level-headed, is trying to talk to Sandham in a even way. Sandham is yelling back
* Sandham (yelling at cop): I can see a huge lawsuit coming down on you guys. Tell me why I'm here. Tell me why my wife is here.
* Cop (calmly to Sandham): Listen to me. You're not in control. You're in custody. I'm trying to talk to you like a man, with respect.
* Cop: Your nickname's Taz? Sandham: What you're talking is crap. Sometimes people call me Taz. So what? Cop: Let me talk some more crap
* At some parts of the video, Moon stops it and asks Sandham questions. Sandham says he's trying to protect his family by lying
* Sandham to cop: I wasn't there. All I know is what I read in the paper. I don't even know where Barrie is. Cop: But you're on video
* Cop: There's scientific evidence: There are 23 identifiable tire castings. Your tires are on top of tires from the dead guys
* Cop: You were under surveillance, we have tires you dumped from the Jimmy. How're your Jimmy tracks in Ont? Sandham: I wasn't there
* Cop: Part of the reason why your wife is here is cause she was with you when you dumped the tires. You asked me why she's here
* Moon: This is the part of the interview where a man would admit that it was him, not his wife, but you don't do that.
* Cop: Your wife is in the car that was involved in a murder, in the car as you dump good tires, then you change the Jimmy into her name
* Moon: You were prepared to leverage your wife, your children, anyone in this world, just to further your self interest
* Sandham tells the cop he dumped the Jimmy tires in the ditch because Walmart didn't offer to take his old set
* Cop: How many people have you killed in your life? Sandham: I've killed nobody in my life.
* Moon: I suggest you have put on a contrived emotional affect for the jury about the impact on you of killing Mr. Raposo.
*Sandham: I would never, ever do anything like (go to Wayne's). I wasn't there. Not in a million years
*Cop: There was an agent with you there that night (MH), saying that you were shot that night. Sandham: I wasn't there.
* Sandham: U wake me up at 5:18 a.m. with a sledgehammer, almost hit my stepson, arrest my wife. How do I know where I was 2 months ago?
* Sandham: I wasn't there. Cop: We have agents, civilians, cops, videos, pictures, evidence, putting you there. Sandham: I was there.
* Cop: We have your Jimmy that was used in 8 murders, we have the tires you threw in a ditch. Sandham: Don't you change your tires?
* Cop: How do you think you're coming across right now, Mike? Sandham: I'm coming across as a truthful person. I wasn't there.
* Cop: There's trace evidence left behind no matter how careful you were. How do you explain you tire tracks? Sandham: I wasn't there
* Cop: Seven civilian witnesses saw you there. Do you think I'm lying Sandham: You must be, because I wasn't there
*Cop: You should be a man of honour. You were a police officer, you were in the army, you are in the Bandidos, you're a father.
* Cop: You could be in a position to clear your wife Kathy, but you're sitting here bullshitting me. Sandham: I did not shoot anybody.
* Cop: You're not the only one who shot Chopper, but you shot Chopper. Sandham (pointing finger at cop, very forceful): I did not shoot
* Cop: You're obviously not a dummy but you're saying you weren't there. We have evidence, witness, we have an agent who wore a wire
* Cop: You say Kathy is important and your family is important. Kathy is here and she's under arrest. Who's going to look after the kids?
*Cop hands Sandham a printout proving that Sandham's car registration was switched to Kathy's name. Sandham: That's accidental
* Sandham: This is a clerical mistake. I told you I wasn't there and this is crap. Cop: Was throwing tires in the ditch a mistake, too?
*Moon: I suggest you were prepared to sacrifice your wife for your own sake. Sandham: That's just not true, sir.
* Cop: If you put Kathy in a situation where she's going to lie for you for eight murders, I'm going to lose all respect for you.
* Sandham: (very angry) Look at my boots. They're muddy. I was raking the lawn at my house. Sandham: Mud on your boots means jack sit.
* Cop: If Kathy tells us you were home raking the yard, she's going down b/c it's a lie. Shame on you for putting her in that situation
* Moon: Mr. Sandham, if there was ever a time to man-up and tell the officer Kathy had nothing to do with it, it was then
* Sandham (shrieking): It's a clerical error. What dumb fuck would do something like this? Cops: Were ditched tires a clerical error?
* Cop: If you got Kathy to lie for you, she'll be arrested. Who would you like to take care of your children? Sandham: I wasn't there.
* Cop: If Kathy says you were raking the lawn, either you told her to and she's an accessory or she was there from the very beginning
* Cop gives Sandham lots of chances to get Kathy out of the situation but he doesn't.
* Cop: What surprises me is either you don't love Kathy as much as you do or she was involved from the very beginning.
* Cop tells Sandham he suspended questioning of Kathy because he's got a "soft spot for the family" and wants Sandham to help her out
* Sandham tells Moon he didn't believe cop at the time so he didn't confirm anything, kept on lying
* Cop: You raised your kids to tell the truth. This investigation is going to prove the most important guy in their lives is a liar.
* Moon: It seems as though Det. Sgt. Bickerton cares more about your family than you so, sir
* Sandham said he came back to Winnipeg and that night started raking his lawn with Kathy. Cop: You're letting her go down
* Cop: It's bizarre that a guy who's supposed to have some honour and integrity is going to let his wife go down like this.
* Sandham: I wasn't there. Cop: Saying you weren't there is not going to make any of this go away. It's not.
* Cop: You're making a big mistake, my friend. There's time when it's better to keep your mouths shut. This isn't one of those times.
* Cop: You're going to be held in custody in Ontario. Sandham: Just because I was on a trip to Ontario doesn't mean I committed a crime
* Moon: The cop has given you every way possible to help your family. Sandham: I reached out to the OPP after I knew my family was safe.
* Moon: Your wife was released the next day. Did you go to the OPP then? Sandham: It was a long process. I don't want to bore the court
* Sandham's lawyer just stood up and called for a recess. Back in 15.
* We're back. Cop tells Sandham he's "at the crossroads." One road is a dark road, the other is one that an honourable man would take
* Sandham to cop: Kathy doesn't know anything. She went for a ride to buy new tires. Cop: But her husband was involved in 8 murders
* Cop: Did you shoot Chopper? Sandham: That guy, Raposo, or whatever? No, I wasn't there. Cop: Did you shoot boxer? Sandham: No
* Sandham: Look. I did not commit a crime. When I heard about it, I was home raking my yard. I. Was. Home. I wasn't at the crime
* Moon: The crime happened April 7,8. You were arrested June 16th. You didn't ever go to the police. Sandham: I was going to go.
* Sandham says he "hinted" to the OPP who came to his house that he knew stuff about the killings
* Sandham: I thought the OPP officer would have gotten my hint but he didn't.
* Sandham talked to FBI, says he went to Texas after the killings with Mushey and MH's approval. Says he went down for three reasons.
* 1Get directions re: Can. Bdos; 2 See if US Bdos were pissed they'd killed 8 people; 3 Tell El Presidente Pike he wants to be president
* Sandham now says those were the reasons he told MH and Mushey he was going down to Texas, but they weren't real reasons
* Sandham: I was scared I was going to be killed at some point. Moon: Did it ever occur to you not to go to Texas?
* Sandham says he was welcomed in Texas with open arms, they were going to give him a Texas patch, he told them he'd make a great prez
* Sandham: I went to Texas to make sure every one paid for what they did by collecting evidence to give to police. Moon: Very altruistic
* Moon: So you told your brothers you were going down for one thing, but really you were really going down to get evidence? Sandham: Yes
* Moon points out that Sandham's the only one who testified that it was Texas that ordered the hits.
* Sandham: I'm not going to answer questions about my wife & children's safety? Moon: You don't get to choose which questions to answer
* Moon says he thinks Sandham is making up the fact that Texas ordered the hits. He's the only one who "exposed" this.
* Moon: It was your actions of trying to expose Texas Bandidios that's put your wife and kids at risk. Sandham: They were at risk before
* After Raposo is killed, an "uneasy peace" settles over the barn. Toronto guys and Winnipeg guys walk around the barn, chatting, etc
* Moon: Everyone is left with impression the worst is over, it's too bad Chopper died but we'll keep it all in family, dump him in well
* Moon: Mr. Mushey was there when everyone agreed that everything went array but we're all going to get along, pull patches peacefully
* Sandham agrees it was all going peacefully for a while. Moon says he's going to be moving to a different area, asks to end for the day
------------------------------------------------
Thurs, September 17, 2009
* Bandidos update: Kellestine's lawyer accuses Sandham he killed more than just Chopper that night. Sandham disagrees.
* Kellestine's lawyer can't figure out why Sandham needed to go to Texaas to confirm the kill order.
* Winnipeg Sun article from Sept. 2005 states clearly Sandham is head of Winnipeg Bandidos and had been a cop in East St. Paul.
* Kellestine's lawyer asks Sandham if the other Bandidos were "stupid" for not knowing he had been a cop.
----------------------------------------------------------------
Friday, 18 September, 2009
* Crown cross focused on Sandham's blind ambition to be a 1%er and lead a chapter.
* Crown said Sandham boasted to the others he was a sniper. "I never boasted," he said
* Crown says Sandham was frustrated when Bandidos Canada were ordered shut down. He denies
* The Toronto bikers considered burning their patches and joining the Outlaws after the US said they were done: Sandham
* Crown said Sandham was "at the end of his rope." The Outlaws didn't want him — he tried to join when a cop. The HA were not an option.
*Crown said Sandham was "presented a great opportunity to get rid of Toronto. Needed Kellestine to support him.
*Sandham calls Kellestine several times a week. In Dec. 05 and Jan. 06 they talked on the phone for six-and-a half hours.
* Crown says Sandham took his crew to Ontario to follow through on kill orders from the United States. Sandham denies it.
------------------------------------
Tuesday September 22 2009
* Here we go. Don Crawford is finished and not calling any more witnesses for Sandham. Sandham's team rests
* Frank Mather's lawyer, Greg Leslie, is asked by judge if he plans to call any evidence. Leslie gets up, walks to front of courtroom
* Leslie to the jury: After reviewing the evidence, it's our position the Crown hasn't proven its case beyond a reasonable doubt.
* Leslie: Mather's team not going to call witnesses, will "await what other defence teams will do." Another lawyer asks jury to leave
* The jury is dismissed for legal deliberations for 15 minutes. (Because jury is out, I can't tweet what they're talking about).
*Slightly bad news: Court is taking a short recess for 15 minutes. Will be back after that
* For those who want ambiance: The accused are either sitting or standing in their boxes. Lawyers and police officers are milling around
* We're all waiting for the judge to come back, then for the jury to come back and get their instructions, and then to get on with it.
*During the proceedings, the accused all sit down, of course. They each have screens on which to view evidence and access to headphones
* The jury is on opposite side of the courtroom from accused. Witnesses sit in a box closest to the jury at the right hand of the judge
* The defendants are all in own boxes separated by plexi glass (can see but not touch each other). Separators are about six-feet tall
* Jury back in. Judge tells them Leslie should have said "yes" or "no" but instead talked about Crown's evidence. That was wrong to do
* Judge: there's an inference from Leslie's comments that anyone who does call a witness isn't as sure of lack of Crown's case as Leslie
*Leslie to jury: this is not true. It doesn't matter if someone does or doesn't call evidence. All the six men on trial are innocent.
*Judge: Because an accused is presumed innocent, he has no burden to prove his innocence. Therefore, he has no burden to call evidence
* Now, Marcelo Aravena's lawyer is up. Bryant and Wells are his lawyers. They'll deliver the opening address.
* Wells thanks jurors for their sacrifice and commitment to the case. "We appreciate your obvious attention to this case."
* Wells: Regardless of what others say, our position is that Mr. Sandham is a murderer who refuses to admit he's a murder
* Wells: MH, Sandham have both told stories. It's time for you to stop hearing stories and to start hearing evidence about what was seen
* Wells: You will shortly hear from Mr. Aravena. He was born in Winnipeg to Chilean immigrants on April 11, 1976.
* Aravena struggled in school with a learning disability, didn't finish high school. Started Thai boxing at 17, became pro at 20.
* He worked as a pizza deliver, did security for Winnipeg bar called Fat Daddy's. In 2005, his cousin was shot, which hit him hard.
* Aravena started to do crack cocaine, smoking it almost every day, because of the death of his cousin. Eventually, he met Mushey.
* Wells: To this day, Mr. Aravena has neither driven nor owned a motorcycle. He wasn't even a member of Bandidos prior to the murders
* Wells: Mushey tells Aravena that MH, Sandham and he are going to Ontario. Brett Gardiner and Aravena could come to "meet the bosses."
* Aravena didn't go to the farm with the rest of the Winnipeg guys. He had a fight, which he lost. Got $600 and a blow to the head.
* Aravena wasn't going to go to Wayne's farm 'cause he felt so bad, but went anyway. For first couple of days, felt terrible, was sick
* "Over the next couple of days, his tasks ranged from the mundane, to the bizarre to the terrifying," Wells tells the jury.
*Over 10 days at Wayne's farm, Wayne was described as "a wild man," Wells tells jury. He overheard some conversations out of context
*For most of the night of the killings, Aravena and Gardiner were in the house, watching television. Aravena is haunted by what he saw
* Aravena heard a gunshot at one time in barn, grabbed a bat and went to barn. Saw Chopper lying on the floor, Wayne dancing.
* Aravena was asked to bring drinks for the men in the barn. He thought they'd be taken to TO, not be killed that night.
* Wells: The whole time, Aravena thought they'd be restrained in cars and taken home. Mr. Kellestine, however, had other plans.
* Wells: Kellestine told Marcelo to come with him and Boxer out to car. Wayne shot Boxer two times in the head, then turned to Marcelo
* Wayne said to Aravena: I ain't doin' 25 years for you. If you talk, I will kill you and your entire family.
* Wells: All night Aravena was following orders & doing what he was told. He didn't even consider calling cops because of Wayne's threat
* Mr. Aravena will testify he saw Mr. Sandham lean into the car and shoot Mr. Jamie Flanz, Wells said.
*Wells: Ladies and gentlemen, what I've just outlined is but a small portion of what Mr. Aravena will testify to.
*Wells: Ladies and gentlemen, Mr. Aravena will not tell you a story. He will give you evidence. He will tell you what he saw and heard.
* Wells: Aravena will answer the hard questions about why he said he wanted to be buried in his Bandidos brothers vest.
* Wells: He will answer questions you all want the answers to. That concludes opening remarks. Now, Aravena takes stand and is sworn in
* Aravena's other lawyer, Bryant, now takes over. He asks if Aravena killed any of the men who were killed that night.
* Aravena said no, he didn't kill anyone. Only saw Wayne kill Boxer and Pauli, saw Sandham shot Jamie Flanz.
* Aravena says he was raised by mom, who died a year after he was arrested. He wasn't able to go to her funeral. Dad not in his life.
* Aravena eventually had a stepfather, Fernando, treated him and his siblings like his own children.
* In Junior High, Aravena failed Grade 7, 8, 9, but wasn't held back. Dropped out for a while, then went back for Grade 10.
* Played soccer at a community centre and at high school. Also did karate, when 17 started doing kickboxing, football, Muay Thai
* Succeeded in Muay Thai, made his professional debut at the age of 20.
* Aravena continued with boxing, Thai boxing, then got into MMA - mixed martial arts. RECORD: Seven wins, one draw, 32 losses
* Aravena also worked for Domino's Pizza, Pizza Hut and security in bars (says he worked in every bar in Winnipeg at one point or other)
* Aravena says he lived in his mom's place for a while, then ended up moving around between apartments, couch surfing.
* Aravena moved into cousin's apartment The cousin isn't really a cousin, that's what they called each other (it's a Chilean thing).
* Cousin was in a bar, got in fight, got shot four times and killed. Aravena stayed at cousin's for a while, then moved in with friend.
*We're back. Bryant's taking Aravena back to 2005 & 2006. Aravena was working at a salsa bar as a bouncer. He was also selling cocaine
*Aravena says he started doing coke when he was 20, then he "went kind of nuts on it" after his cousin died. Started smoking crack.
* Got to doing crack cocaine. First working, then started selling stuff for drugs (car, computer). By end of '05 he's using every day
* Aravena moves in with Mushey and Gardiner, lives in their basement. He'd met Mushey in '04-ish. Mushey owned a stake in Phat Daddy's
* By March 2006, he's met all accused. Met Sandham at the salsa bar. "It was a friendly bar." Mushey introduced Aravena to Sandham
* Sandham was introduced as the president of Bandidos in Winnipeg, Aravena said. Aravena said he'd never met Mather before.
* Aravena had not met Wayne Kellestine or Frank Mather prior to Ontario trip. He wasn't aware of any travel anyone did before Ontario
* Bryant: You're not working, you're not fighting in March? What are you doing with your days? Aravena: Sleeping & playing video games
* Aravena is sleeping, gets woken up by Brett Gardiner, who tells him he's going to Ontario to "meet the bosses and become Bandidos"
* Aravena says he thought Gardiner was just fooling around. Mushey tells him it would be a good time for him to come and meet others
* Aravena says "how can I be a member if I don't have a bike or a license?" Mushey tells him he'll need to get a bike
* (Aravena was standing the whole time, now he's asked to sit down in the witness chair. He sits).
* Car is too full for Aravena to go with the rest of the guys. The day they left for Ontario, Aravena also had an MMA fight.
* Says he didn't hear anything about other guys planning to take guns. He buys his ticket after the fight, friend uses GF's credit card.
* Fight lasts 1.5 min. "I was doin' good at first, but then he pulled me to the ground. I could've gotten out of it. I took some shots."
*Guy put him in an arm lock, Aravena takes shots to the head, nose bleed, broke his hand (again, for the third time). Loses the fight
* After the fight, Aravena says he felt "terrible." Goes home with $600, has the spins, has diarrhea. Thinks of canceling trip to Ont.
* On March 28, '06, Aravena lands in London with clothes on his back and 3 pairs of underwear, 2 pairs of pants, couple sweaters.
* MH, Sandham, Mushey pick him up from the airport. Drive to Wayne's farm, where Wayne and Brett are.
* Aravena: "Wayne comes out of the house, he's got wild grey hair, no shirt on. I thought he was a weirdo." Meets Wayne's wife, daughter
* For the first couple of days, Aravena stays at Wayne's house and just sleeps because the guys see how sick he looks.
* "Mushey asked me after we hugged if I was okay, 'cause my jaw was chattering, but we just left it at that," Aravena says
* After four days, Aravena's feeling better. They do "guy things." They watch TV, go into the woods, he and Brett boil water.
* Wayne also has dial-up Internet, Aravena checked email "We cleaned up dog crap and put it on the garden to keep the vegetables fresh."
*They go hunting with Wayne's daughter. At one point MH points to Mushey, says "Look, a moose." Wayne picks up raccoon poop and eats it
*Now Bryant is asking Aravena to describe Wayne's property at night and during the day (big fence around property only locked at night)
* Wayne & Aravena go see guy named Merv who's sick ("He breaths louder than he talks"). Merv says he was the last guy in Alcatraz
* Merv gives them rusty shotgun shells. Mather & Aravena go to Mather's parents in London, get a necklace for Wayne's daughter's bday
* The group goes to a place called Holland House, where they all pitch in for food. (I don't think it was worth the money, Aravena says)
* Aravena is very quiet as he answers questions (sometimes mumbles); makes it quite difficult to catch exactly everything that he says
* Afternoon recess. Take 15
* We're back. Before recess, Bryant was asking Aravena about excursions from Wayne's farm to other places.
* Aravena & Mushey hanging out one night, Mushey asks him who he thinks should be president one day. Aravena says he'd vote for Mushey
* One night the guys are all hanging out, Wayne is showing off newspaper articles written about him and his biker connections.
* At times when the guys were having "church," Aravena and Brett weren't allowed to hear club business.
* One night, Brett and Aravena are washing the dishes and Aravena overhears someone saying they want to "save Pauli, Crash and Pony."
* Brett and Aravena told they have to do grunt work, cleaning dog poop, washing dishes, cleaning up after meals etc. to become prospects
* Bryant: How was Mr. Gardiner treated by the others? Aravena: Like a dumbass.
* Aravena says the guys treated him quite well, not like they did Gardiner, whose mental prowess they made fun of all the time
* Mushey tells Aravena that there are things that he can't tell him because it's club business but that "things are going on."
*At one point, Aravena looked at Wayne's wife Tina. Mushey told him "You can't check out a brother's old lady. You'll get in trouble."
*Wayne tells Aravena that they're getting guests coming, tells Aravena and Brett to say they were from the Oneida reserve.
* Brett and Aravena stay in living room in the house. Wayne comes downstairs with a bunch of guns, but "Wayne's got guns everywhere."
* Wayne tells MH, Sandham, Mushey to clean the guns. Mushey is told to saw off a gun, he and Aravena go to the barn to saw off a shotgun
* That's when Aravena asks what the heck is going on, Mushey tells him there's stuff that's going on that's club business, not to worry
* All go to the games room, Sandham pulls out a bunch of gloves, throws them on pool table, tells everyone to put on the gloves.
* After about an hour, with rubber gloves under winter gloves, Aravena's hands start getting sweaty so he, Brett & Frank take off gloves
* Aravena, Brett, Mather sit in living room, watch TV for a while. So sweaty he had "puddle of sweat" in the glove before he took it off
* Aravena hears a honk, hears Wayne talking to someone. Wayne comes in and tells him to go out and lock the gate, he does.
* A little later there's another honk, Aravena goes out to open the gate, lets car in and closes gate behind it.
* Wane had a really big speaker and on it was a police scanner. "We were told to always listen to it," Aravena says.
* MH, Sandham, Wayne, Mushey and occupants of car don't go into house. Aravena guesses they were in barn. He'll take us there tomorrow
* That's all for today. Bandidos trial resumes tomorrow morning at 10 a.m
------------------------------------------------
Wednesday September 23 2009
* Just setting up in overflow courtroom, waiting for Aravena's testimony to begin
* The jury is just filing in ... Aravena is taking the stand ... lawyer Bryant is getting up .... here we go.
* Aravena lets in 2nd car through Wayne's gate, goes back to house. He & Brett Gardiner are sitting in house when they hear loud bang
* Aravena grabs a baseball bat, runs to barn. Sees Paulie "cause he's so big," everyone lying on the floor, Wayne saying to stay down
* Aravena asks for a picture of barn to be shown to him, right beside the witness stand. The picture is blown up large.
* Aravena says he's standing just inside the barn. Wayne, in position close to the freezer, is telling everyone to stay down
* Aravena is describing where everyone was when he came into the barn after shots fired. MH, Flanz close to freezer, others spread out
* MH kicks Paulie in the butt and back. MH searches Bam Bam, searches Paulie. Wayne searches Crash.
* Mather was carrying a black shotgun, Mushey looked like he was carrying some kind of gun, too. MH had a brand new wooden shotgun.
* "I had my bat," Aravena says. No one saying anything other than Wayne telling people to stay down. People searched for about 30 mins
* Aravena goes to grab drinks. He and Frank Mather are told by Wayne to search the cars. They go out but don't know what to look for
*Wayne told everyone they're done, he wants their patches. Sandham came down from loft and tells Bammer he's sorry for shooting Chopper
*Mikey Trotta told by Wayne to start writing down where everyone lives, what property they have on them. He starts a tally
* TO guys sit up; some have gotten up off the ground. Bam Bam on a couch, Trotta, Boxer, Poney in chairs. Flanz on floor by freezer
* Wayne keeps saying "where are the other guns, I know you guys have other guns," but Aravena doesn't remember if any more guns found.
* Aravena and Mather sent back out to search the cars, asked to look for guns and to get registration papers.
* Someone says they're afraid they're going to die, Wayne tells them not to worry, no one's gonna die, he's just going to take patches
* Sandham comes down from the loft, he's a bit dazed and has a hole in his shirt.
* About two hours pass between the first shots and searching, etc. "I was really cold because all I had on was my leather jacket."
* Every time Aravena went back to house to get beer & water for the guys (three times) he fills Brett in on the goings-on in barn
* Aravena tells Brett (who's in the house the whole time) that "someone's dead" but he didn't know who.
* Sandham, Mushey and Wayne would go out periodically (about 4 times) & have meetings outside barn, but others just stayed in the barn
* Wayne kept asking if the Nomads were here, asked if people were on the roof but Aravena had no idea what that meant.
* Every time Aravena would go back into house, Brett would stand up as if scared. Brett looked really sad and scared someone was dead
* At one point, Brett came into the barn and went straight to where Mushey was standing. Mather, Mushey, MH, didn't say much
* Wayne told everyone not to worry. He'd dance around, went up to Flanz and called him an informant, BamBam asked to see Wayne outside
* Wayne would go up to Flanz and joke around with him, put a gun (handgun, now known to be Boxer's) to his forehead & say "just kidding
* Boxer kept getting up, saying if he's going to die, he wanted to go out like a man, wanted a smoke. Wayne told him he's not going to die
* Wayne told Frank Mather and Mushey that if Boxer moves, to shoot him.
* I've known Mushey for a while. This was first time I seen him where he didn't seem like he was in control. I'd never seen that before
* Aravena: I just thought Wayne was a weirdo. He was dancing, singing the Deutschland song
* Aravena: I remember thinking, this is one long night if we're going to drive these guys back to Toronto to drop them off at home
* Boxer's phone rang about three times. It kept ringing and ringing. Wayne said "answer it but dont' say anything stupid"
* Boxer answers phone, talks to Nina, his wife, asks how the baby is doing, tells her he's just in church and will be home soon.
* Wayne told Boxer "it's not that I don't trust you, it's just that I don't trust you" and told them they'd be restrained on trip to TO
* Flanz, Trotta, Paulie and someone else rolled up Choppers body in a rug and took him to a car. Aravena told to go after them w/ bat
* "They kept droppin' him. Geroge started crying, "oh my god, he's stiff, he's dead." Dropped him about three times before got to Volks
* The four (he can't remember who the 4th guy was) open Volks trunk and threw Chopper in the back. "Crash was crying most of the night."
* For the whole night, Aravena says all he had with him was the baseball bat (no gun).
*Lawyer asks Aravena about each of the TO guys. Boxer was saying he wanted to go out like a man, was holding a tooth
* Crash was just sitting the whole time, he was cold and crying. He was injured, said he had a bullet in his stomach.
* BamBam told Crash to shut up, we're not boyscouts, stop crying. Aravena pulled out a blanket and gave it to Crash. BamBam thanked him
* BamBam told Crash to shut up, we're not boyscouts, stop crying. Aravena pulled out a blanket and gave it to Crash. BamBam thanked him
* MH gave Aravena a mean look when he handed the blanket to Crash. Trotta and Jamie Flanz were mopping up the blood from Chopper
* Wayne came in with a container of acid and some pails. The blood was being mopped up using the blanket he'd given Crash
* "Flanz never said nothin' he just had his hands on his head the whole time. His hands got cold. That's why he kept droppin' Chopper."
* "Flanz never said nothin' he just had his hands on his head the whole time. His hands got cold. That's why he kept droppin' Chopper."
* Paulie needed to pee so he went in the corner of the barn. Eventually they gave him a bucket because "he kept needing to pee a lot"
* Thanks guys. We're back. Aravena's about to start telling us about the shootings. His voice has gotten quieter, huskier.
* Boxer taken out first, goes into the car, says "you're going to put two bullets in my head." Boxer gets into car, Wayne shoots
* Wayne shoots Boxer twice, turns to Aravena, points gun at his chest and says he ain't doing 25 years for him. Aravena's voice quivers
* Aravena tells Wayne not to say shit like that, goes back into the house, pacing back and forth. "I didn't know what to do."
*Aravena says he didn't think to call the cops because he thought Wayne would kill him and his family. Wayne says only Boxer will die
*After pacing in the house for a while, Aravena goes back to the barn. (He's crying on the stand). Bam Bam said he knew Boxer was dead
* Sandham told Bam Bam that there were people watching Boxer, that he wasn't dead, but Bam Bam wasn't buying it.
* All night there was a cheap radio playing in the background. Crash and Wayne went outside. They never saw Crash again.
* MH, Sandham, Mushey, Mather were all in the barn. Brett was freaked out and was in the house a lot of the time.
* After Crash led out, Wayne came back and asked Pony to come with him. Never saw Pony again after that.
* Meanwhile, Jamie and Trotta were still mopping up the blood. Wayne comes back, asks Bam Bam to follow him.
* Bam Bam tried to shake Aravena's hand but he didn't shake it cause it was bloody, he had a big gash on his face.
* Aravena: Bam Bam told us to make sure to tell his family where his body is. I though he was being stupid.
* The whole time Aravena thinks the guys are being led out and being restrained in the vehicles. He didn't hear any shots from outside
* Wayne comes out without Bammer. Tells Trotta "let's go." Trotta dropped the mop, seemed excited to go outside.
* (I cant' really see accused in their boxes, but the men, including Wayne, are sitting and listening to the testimony without emotion)
* Wayne takes out Trotta, comes back, asks Paulie to come with him. Paulie's scared but Aravena tells him not to worry, he's going home.
* Aravena goes out with Paulie & Wayne. Paulie gets into car, Aravena is holding a flashlight, Wayne shoots, Aravena drops flashlight
* Gun jams, Wayne pulls out another gun, Paulie is cowering, Wayne tells him to shut up and take it like a man, he shoots & kills Paulie
*Wayne tells Aravena to get into the front seat, Aravena says "fuck no" and goes to the house. "My mind was running a mile a minute."
* Aravena says he doesn't know who is dead, who is still alive. He's in the house for about half an hour, then hears voices outside
* Aravena looks outside, sees Flanz in car, Sandham and MH outside car. He hears a bang and sees a flash, then another bang/flash
* Aravena isn't sure who shoot Flanz. Goes back into barn, starts cleaning up the table. Finds Boxer's tooth. Throws it under freezer
* Goes back outside. Hears Wayne tell Frank to take the car to Kitchener. Asks Mushey if he can go with him in that car, Mushey says yes
* Gets into car with Mushey, smells something funny, like a burnt smell. Turns around and sees Flanz, covers him with a jacket.
* Mushey keeps saying "this wasn't supposed to happen, we're supposed to be going to Toronto right now."
* Aravena: As we're driving, I knew the hatch wasn't closed, and I thought, what if someone falls out of the hatch, we'd be in shit.
* They leave the cars at the side of the road and go back to Wayne's house. "I was just happy to be out of there," Aravena says
*Back at Wayne's house, everyone told to take off their clothes. "I took off everything, even my underwear, and put it in a bag."
*Aravena says bye to everyone, to Brett, to Wayne. Wayne tells him "remember what I said" (about not going to the cops).
*On the drive back to Winnipeg, MH asks him how he feels. "How do you think I feel? How do you feel?" Aravena says.
* MH looks at him, makes the motion for Pony. Aravena understands that to mean that he killed Pony.
* When they get back to Winnipeg, Aravena is surprised when Mushey gives him a prospect patch. They hug, he says 'thank you.'
* Mushey & Aravena go looking for vest, finds one that's brown with white fur in an ad. Tells old lady selling it he's not interested
* Go to Burger King, run into guy who looks like a nurse at a hospital. They make a bet that it's not him, Aravena wins the bet, has $10
*Go to a cheap leather place, finds a vest for $30, asks Mushey to lend him $20, uses the $10 from bet to buy the vest.
* Mushey and Aravena go to buy thread, then to Aravena's house and get his mom to sew on the patch "real quick."
* Aravena shown an evidence bag with a vest in it. Takes it out of bag. Says it's his (but with new rips), has his prospect patch on it.
* Lawyer: Sandham told us there was no Bandidos chapter in Winnipeg. Aravena: I thought there was. We had vests and everything
*Aravena: I thought it was a little bit embarrassing that we didn't have bikes or a clubhouse or nothing.
* Aravena: I thought I was really glad to be friends with these guys because I was alive. I was happy that I wasn't dead.
* Aravena says he never saw Sandham again. Aravena stayed in car while MH and Sandham talked in front yard.
*Prior to arrest, Aravena says he never heard about American meetings, about needs of Toronto chapter
* Lawyer reads a transcript of an intercepted conversation between Aravena and a woman of whose child he's the godfather
*Aravena tells the woman that "It's too late for him" to get out. "They only way out for me is if I'm floating" (ie: dead).
*I asked Jane what the accused were doing during Aravena's testimony. Wayne was taking notes, Mushey looked sad, also taking notes
* Mr. Crawford, Michael (Taz) Sandham's lawyer, is now going to cross examine Aravena. Here we go . . .
* Crawford: You'll recall Mr. Aravena your counsel had no cross examination of Mr. Sandham. Bryant: Objection. Relevance.
* Jury is back. Crawford gets back up. Mr. Aravena, from the first time you met Mr. Mushey, a friendship developed? Aravena: Yes.
* Mushey and Aravena were great friends. Aravena stayed at Mushey's house rent-free, Mushey makes sure he's alright, Aravena says.
* Crawford: You said you really liked Mushey, you'd trust him with your life. Aravena: Yes, that sounds about right.
* Mushey was a really good cook, Aravena says. Crawford: But at one point you two had a falling out. Tell us about that.
* Bryant stands up, says he doesn't know what Aravena might answer, asks to address the issue without the jury. Another break
* Jury comes back. Judge laughs with jury, says they're going to wear a groove into the floor from being asked to leave so many times.
* Yes, Aravena & Mushey had a falling out. Don't know details of it. Aravena says he doesn't want to get back into Mushey's good graces
* Aravena says he and Mushey made a pact to be friends forever, to watch each others' backs, in the car to dump the bodies.
* Aravena says he never saw Mushey kill anybody. Didn't see MH shoot Pony but it's what MH told him. "I don't know if that's true or not" ...
* Crawford is finished with Aravena. Leslie (lawyer for Mather) asks for a recess to set up his stuff for his cross. Recess time
* Judge jokes with jury that "they're really workin' hard today" because of all the going in and out they're doing.
*There's a guy who is going to write a book. And I think Jane would be much better at it. I'm more of a 140-character writer :)
* Leslie introduces himself to Aravena as Mather's lawyer. Aravena agrees that he didn't know Mather before trip to Ontario.
* Leslie: You never participated in any meetings, you never knew what they would have been talking about because you're not a Bandido
* Leslie: When you arrive at Kellestine's barn, Mather's not there, right? Aravena: Right
* After a few days, Aravena first meets Mather. He'd arrived at Wayne's with his girlfriend Stephanie. They'll sleep in basement
* No one else brought their girlfriends. The only other woman there other than Stephanie was Tina, Wayne's wife.
* Frank and Stephanie needed a place to stay, that's why the two of them came to Wayne's farm.
*Aravena, Brett don't go to church meetings. Mather kept to himself, hung out with Stephanie. Mather also didn't go to church.
* Aravena says he never saw Mather wear a Bandido vest during days leading up to the killings.
*You've been sitting beside Mr. Mather this entire trial. Would you agree that he's a much larger man than he was then? Aravena: Yes.
*Leslie: He was a much smaller man then, right? Jail's been pretty good to him? Aravena (chuckles): Yes, very good (Frank got fat).
* Aravena says he never heard anyone at any time say "Kill one, kill them all." Anyone who heard that is either mistaken or lying.
* Leslie: It didn't shock you on Apr. 7 that Wayne Kellestine had a gun, right? He always had guns? Aravena: Guns were always everywhere
* Leslie: April 7, you were told there's going to be a church. You, Brett & Frank weren't welcome? Aravena: Wayne told us to stay inside
* Aravena: If I knew there were going to be murders, I wouldn't have come.
* Leslie now pulls up a computerized slide show that will show the fence around the Kellestine compound
* Leslie: How tall is the fence? Aravena: I didn't want to say this but I went for a pee by the fence and it's about to my chest level.
* Up on the screen is a picture of the long driveway leading up to Kellestine's barn and house
* You're inside, you're watching TV with Brett and Frank. Aravena: Yeah, Brett and me were always getting kicked out, we were used to it
* The guys in the house hear a bang, Mather takes shotgun, Aravena takes baseball bat, they run out to the barn.
* The two of them run into the barn. Mather is three or four feet in front of Aravena. See everyone on the ground.
* Wayne is saying "Stay down. Stay the fuck on the ground. Who shot first? Who shot who? Stay down." Mather goes towards Mushey.
* Eventually Mather & Aravena get instructions from Wayne to go search the cars. They see no one else (Nomads, puppet club) outside
* The two leave behind their weapons. Go out, Aravena says "What the hell are we looking for?" Mather answers, "I don't know."
* Two go in, ask Wayne what they should look for, he tells them guns & registrations, they go and do so. Come back, put stuff on freezer
*Leslie: When you go out with Mr. Kellestine and Boxer, and you see something you'll never forget for the rest of your life, right?
*Leslie: If MH says Mather went out with Boxer, he'd be wrong? Aravena: Yes, he's wrong. (Aravena says he's still haunted by memories)
*After Boxer is dead, Aravena goes back to the house, terrified. "It didn't seem real," Aravena says.
* Leslie: Aside from Mr. Flanz, Mr. Kellestine goes out of the barn with each of the men that don't come back, correct? Aravena: Yes.
* Leslie: At one time, Kellestine says to Mather and Mushey, that if Boxer moves, to kill him. Aravena: Yes, that's right.
*Boxer wasn't listening to Wayne, was "challenging his authority" all the time but neither Mushey nor Mather did anything to hurt Boxer
* Leslie: All this time, Mr. Mather is wide-eyed and silent after he comes into the barn. Wayne is telling everyone they'll be fine.
* Leslie: When you went out with Paulie, you had no idea anyone else had been killed, right? Aravena: No idea.
* Leslie: MH never said to you "holy shit, I just heard a gun go off," did he? Aravena: No, he never did. And I never heard any shots.
* Leslie: You see Paulie killed. Once again, something that you're never going to forget, right? Aravena: Right.
* Leslie: So if Sandham said Mather went out with Mushey and Kellestine, Sandham would be mistaken, right? Aravena: Yup. Mistaken again.
* Later, hears voices. Sandham is leaning into a car, hears bang and sees flash. MH is standing by the truck. Aravena turns head away.
* Aravena hears another bang about three or four seconds later (not a shot right after the other).
*Court officers trying to figure out how to capture the pause between bangs in written transcripts. Will three dots do it?
* Mather takes the lead eventually in the car convoy. Brett and Mather are in same car. Leave cars, go back in Sandham's SUV
*Leslie: Did you know that Stephanie at the time was pregnant with Mather's child, right? Aravena: Yes, she looked pregnant.
*That concludes Leslie's examination. Hicks, Gardiner's lawyer, declines to ask any questions. Now up is Mushey's lawyer, Moon.
* Moon: You've seen Mushey sad, happy, with his kids, in all kinds of moods. But you said you saw a face that night you'd never seen
*Moon: I suggest that that look was one of fear. Aravena: I'd never seen him scared before. He looked something, maybe afraid.
*Aravena says it was clear that Wayne was running the show. An uneasy peace falls over the barn, with TO members moving about a little
* Aravena: I just remember Mushey holding something, I'm pretty sure it was a shotgun. If it was anything, it was a shotgun.
* Moon: Wayne has a rifle, Sandham has a .303 that he gives to you, you put it down, he's holding the handgun. Aravena: Yes that's right
* Moon: From inside the barn, could you hear the motor of the cars or the backup beep of the towtruck? Aravena: No I never heard nothing
* Moon: Would you lie in your evidence to assist Mr. Mushey? Aravena: No, I wouldn't lie.
*Moon finishes. Next up will probably be lawyer for Mr. Kellestine. That'll be tomorrow morning. See you then. That's all for today.
--------------------------------------
Thursday September 24 2009
* Aravena back on the stand. He's wearing a black suit jacket over a white shirt. He's standing in the witness stand.
* One of Wayne's lawyers, McMillan, is up first. He's asking Aravena about a conversation MH and Aravena had on the way back to Winnipeg
* Aravena confirms MH looked at him in backseat of the Jimmy, made a slashing motion across his neck and made the hand signal for Pony
* Yes, Aravena confirms MH made the signal to indicate he had killed Pony, not that Wayne had done it.
* McMillan: After you saw Wayne shoot Boxer the first time, why would you think he wouldn't also shoot the others, like Paulie?
* Aravena: Because Sandham told me Boxer would be the only one. I told him that Wayne wacked Boxer and Taz told me to shut up about it.
* Aravena agrees Boxer is being defiant all night, even when Wayne takes him out to the car, tells him to get into the passenger seat
* McMillan: So Wayne asked you to come outside with him to watch him kill Boxer? Aravena: I thought he wanted me to help him tie him up
*Now Aravena is talking about Big Paulie. Aravena said he's "huge," about 300 lbs, that he was a great fighter, could kick a speed bag.
* McMillan: Big Paulie squeezed himself into the tiny back of the car, and he was going to be there all the way to Toronto? That's tight
* Aravena said he didn't have a gun with Boxer and Paulie when they went outside because he could fight them with his MMA skills
* Aravena doesn't remember when Sandham got a gun. McMillan: Your memory doesn't seem to be that clear. Aravena: Not on some things.
* McMillan: You can remember that Wayne took out the Toronto members but can't remember who else went out with him. That's convenient.
* McMillan: What you're doing is being careful not to implicate your Winnipeg friends. Aravena: What friends? You know I have no friends
* McMillan starts asking Aravena about something that happened in police vehicle on the morning of Sept. 9, 2009 (when Taz took stand)
*The judge intervenes, asks what something that happened this month might have to do with what happened in 2006. Jury sent out.
*The lawyers will now discuss what's appropriate to ask without the jury present. Back in a flash.
* Sept. 9, '09, as he's getting into police car, Aravena told OPP Officer Croker (sp?) that he was not feeling good about testifying.
* Aravena told cop that he knows his testimony is going to hurt Wayne, that he's feeling guilty about doing that.
* Aravena told cop he can't do 25 years for something he didn't do. Wayne will only live 10 more years if he's not killed in the pen
* Aravena told cop he'd be scared to do the last 15 years all by himself. Also told cop he knew HAs (Hells Angels) in Winnipeg
* Those HAs told his family that he should do everything he can do get out of court. Aravena says the HAs contacted his family
* Aravena says he had no reason to lie to the cop, that the HAs had contacted his family and that he was scared.
* Moving on, McMillan takes Aravena back to his trip to Ontario. Asks about who picked him up at airport, asking about Carlito & Stone
* Aravena says anything to do with Bandidos politics, he was kept in the dark.
* McMillan: I put it to you Mr. Aravena that you were not as uninformed or as stupid as you'd like the jury to believe.
* McMillan: You knew there was a rift between TO & Winnipeg; you were here not just to meet bosses but to get rid of Boxer, sir
* McMillan: You are trying to make yourself out to be not that bright. Aravena: Maybe other people think that, I think I'm bright
* McMillan: In detention, you spend the time in segregation. Wayne is there to, right? You have your own cells. Aravena: Right
* McMillan: You and Wayne have spent some time in the yard together, just the two of you, right? Aravena: Right.
*McMillan: You talked about the case. You're stringing him along, told him you'd testify for him. Aravena: He wanted me to lie for him
* Aravena: No, I told him all along that I'm sorry to be doing this to him but I had to. He told me to "be nice to your Uncle Wayne."
* McMillan suggests Aravena strung Wayne along in detention just as he did at his barn, that Winnipeg Bandidos were there to kill Boxer
* Aravena says that's totally not true, he was just there to meet the bosses. Break time. Crown is up after that. Take 15.
* Jury is back. Crown Fraser Kelly is going to cross Aravena. Tells Aravena to ask if he doesn't understand anything.
* Crown: We agree on this: You never shot anyone. You went to Ontario to impress, to become a Bandido. And it worked.
* Crown: We also agree that there were no Hells Angels, no Nomads. Just you guys, The Farm Team. And everyone who was there is now here
* Crown: Except for MH, whole Farm Team is here. You lived. Everyone from No Surrender Crew, they're dead. All visitors shot to death
* Crown: There's no apparent injuries to the Farm Team. You were 280 lbs 6'2 fighter with a baseball bat. You weren't there to play ball
* Crown: You held 3 different guns that night. Toronto guys were shot total of 25 times. You were proud. You were excited to a Bandido
*Crown: you were so proud and excited you went home, bought a vest, and then ran home to show your mom and get her to sew on a patch
*Crown: Everyone got promoted. You were excited. Aravena says he wasn't excited about the killings, but was happy to be a Bandido.
* Crown: You're in Wayne's house. You hear a bang. You & Frank look at each other, grab your weapons, put on gloves & jacket & run out
* Crown: You heard a gunshot, your run into the barn, you wanna help your brothers, you run in trying to figure out who is hurt.
* Crown: You heard Wayne say "Get the fuck down." And they were the fuck down. They weren't going anywhere.
* Crown: When Mr. Moon says people were wandering around the barn with guns, it was the Farm Team people, not the other team.
* Crown: No one said to Bammer, hey, here, have a gun and walk around. They're on the wrong team. You're on the right team.
* Crown shows Boxer autopsy pic. To Aravena: This guy's hurt & you know it. Aravena: He didn't look hurt. Crown: His teeth are bashed in
* Crown shows Flanz autopsy pic. To Aravena: He's got bruises on his face. Aravena: Probably from the butt end of a gun
* Crown shows Crash autopsy pic of bullet in belly. To Aravena: He's got a bullet in his gut. He's crying, praying, he's in rough shape.
* Crown shows Salerno (BamBam) autopsy pic. To Aravena: Blood is streaming down his face. He's got a cut over the top of his nose.
* Aravena keeps saying he didn't see everyone's injuries right away. He ran into barn to see what's going on, not to check on injuries.
* BamBam hurt on face, on arm, on leg, bleeding. Aravena says he didn't shake his hand because he didn't want to get blood on clothes
* Aravena: I'm not trying to be insensitive I'm just telling the truth. Crown: Flanz's pistol whipped. On ground. He doesn't get a chair
* Crown: Wayne is going up to him, pointing the gun at him, dancing around, calling him a Fucking Jew. And all you did was stand there.
*Crown: You didn't say a word. You just thought Wayne was a weirdo. While Flanz is being pistol whipped and threatened.
* Crown: Were these guys (from TO) free to go anywhere, at any time during the night? Aravena: No, but they'd get up to go pee and stuff
* Aravena: You keep asking me the same questions. I'm telling you I didn't see the injuries that you're talking about.
*Tense exchange between Aravena and Crown, speaking over one another. Crown: Are you trying to make a joke of what's going on here?
*Aravena:I'm not making a joke. Look at how you're treating me. I know you're just doing a job but you keep asking me & I'm telling you
*Crown puts up Chopper autopsy pic, says Aravena must have seen him bleeding from the neck. Aravena says no, he was behind freezer
* New line of questioning. Crown asking about Aravena's background. Aravena agrees that stepdad was there for him. Stepdad a gunsmith
* Aravena says he would clean stepdad's gun shop, just his tools and shop. Stepdad didn't teach him about guns, though.
* Crown: You're a bouncer by profession. If a guy is drunk and needs to leave a bar, that's your job, to get him out.
* Crown: You're also a professional MMA fighter, a professional boxer, a professional Muay Thai fighter.
* Crown: You fought about 40 professional boxing fights, right? You hurt your hand, that's bad. That's your bread and butter.
* Aravena says he was a great MMA fighter because he'd lose a lot but he'd put on a good show, keep getting up if he got knocked down
* Crown: When you go to London, you're a 6'2, 280 lbs heavy weight fighter. You're training hard. Aravena: I'm a natural talent.
*Crown now playing video of Kellestine in the barn. Kellestine is skinny, scrawny, shirt off, gray hair pulled back.
*Crown: How many of your opponents looked like this? Aravena: No one. One was old, but not that old.
* Crown says he could've kicked Wayne's butt if he wanted to. Crown shifts gears again, asking about relationships with Winnipeg Bdos
* Aravena agrees he liked the Winnipeg guys, thought MH was a little off but he wouldn't have wanted to be Bandido if didn't like them
* Crown says that "unquestioned loyalty" was required of a Bandido brother. Aravena: That seems obvious that it would be.
* 1% Creed is put up on the screen. "A 1%er is one of hundred of us who has given up society and politicians one-way laws."
* "Look at your brothers standing next to you & ask yourself if you would give him half of what you have in your pocket."
* 1%er: If a citizen hits your Brother will you be on him without asking why?
* Crown says Aravena wanted to be Bandido before he went to Ontario. When cops arrested him, his computer background was the Fat Mexican
* Aravena says he'd also looked at HA and Outlaws websites, but that yes, he was friends with Bandidos.
* Aravena also says he knew that in Winnipeg, guys reported to Sandham, Sandham reported to TO, TO reported to Texas
* Crown: So you're friends with Mushey, right? And if I ask you who went out with BamBam to kill him you say you don't know
* Aravena: Right, because I don't know. Just like MH didn't know. He made up names and he changed names, but I'm not going to do that.
* Crown: With BamBam, Jessome, Trotta, Crash, you don't know who went out with them and Wayne, right? Aravena: Because I don't know
* Crown: Mushey was your sponsor. He taught you. He let you live with him for free. He was your best friend, a good cook, great w/ kids
*Crown: You wanted him to be the president of the Bandidos. You make a pact with him to watch each others backs in times of trouble.
* Crown: Where are we now? Aravena: We're in trouble. But we're still alive. Crown: Do you think you owe your life for Mr. Mushey?
* Aravena: Yes, he's a big part of the reason why I'm still alive. Crown: So you owe him a debt? Aravena: I wouldn't call it a debt.
*Crown: So when Gardiner wakes you up, it's like Christmas morning. He's excited. Wake up Marcelo we're going to Ontario to be Bandidos
* Crown: So, if you're going to meet the bosses in Ontario, did you ask MH, Sandham and Mushey why they were going to Ontario?
* Crown: It doesn't take three guys to make an introduction. Didn't you ask them why they were going? Aravena: No, why would I?
* Crown: So after you get woken up, you get this phone message saying "D, it's Boxer. We have to talk about you being a Bandido."
* Aravena: Yes, I told Mushey (nicknamed D) about the message, he told me not to worry about it. I believed him not a voice on the phone
* Crown: You knew this club wasn't the Boy Scouts. You knew it wasn't a democracy. There's serious discipline if you didn't follow order
*Aravena: I didn't know there'd be murder, if that's what you're talking about. I thought if you disobeyed, you'd get an ass kicking.
*Crown: This isn't a club for children. This isn't a club for wimps. Aravena: Yeah, but look at Wayne. There's lots of guys like that.
* Crown: I suggest that even if you didn't hear "Kill one, kill them all,"you knew that's what you'd have to do because of brotherhood
* Aravena: No, not at all. And I never killed one. That's not true.
* Jury sent out because of an objection to a question. Crown wants to question Aravena about his lawyer's opening statement
* Aravena: I didn't know when or who told me about where they're going. You're trying to get me to tell you details of conversations.
* Aravena: I can't give you details. Maybe you can remember details and that's why you're a prosecutor and I'm not
* Jury's back. Crown says Aravena knew Winnipeg was going to "deal with" a problem in TO. Aravena: But I was told it wasn't my concern
*Aravena being asked about the broken hand he got during his last fight. Said he didn't go to the hospital, just smoked a joint.
* Crown: You're in such rough shape, Mushey takes one look at you and asks if you're okay, right? Aravena: Right.
* Crown plays video of Aravena getting off plane in London Airport, where he's holding his luggage in his (supposedly broken) right hand
* Crown: Everyone's wearing a jacket, sweats. You're wearing a t-shirt but apparently you're cold. Aravena: You're changing my words.
* Aravena: You're changing my words and it's not working. I didn't say I was cold, I said I had the chills
* Aravena is easily holding his own luggage and is wearing a t-shirt in the airport video. Says his luggage was light.
* Crown: You didn't go to the hospital when you landed in London because becoming a Bandido was just so important.
* Aravena: That's not true. I don't go to the hospital because sometimes I'm just stubborn and neglect my own life.
* Jury dismissed. Lunch time. Back after that.
*Crown is back and asking questions of Aravena. Asks about a phone call he took from Carlito, who called from a hotel asking questions
*Aravena says Carlito was calling from Winnipeg, Aravena didn't know him so didn't really talk to him.
* Crown takes Aravena back to Kellestine's barn. It's very quiet, except for the dogs barking. "It's in the middle of nowhere."
* Aravena says he was in Ontario to meet bosses. Did you ask who you were here to meet? Aravena: Nope
* Crown: When the people arrived from Toronto, didn't you want to meet them because they were bosses? You came all the way from Winnipeg
* Aravena: I figured they'd eventually come into the house because they wouldn't be in the barn freezing all night long.
* Aravena says Brett cleaned up the rusty shotgun shells from Merv because they were old
* Aravena said he didn't know Sandham had a bullet-proof vest. The brothers were coming, so women and children were sent away.
* Aravena says Wayne had guns, grenades, shells all over the house. Went upstairs to get more guns in preparation for the TO arrivals
* Aravena admits he was treated decently at the farm, he wasn't held captive, he wasn't trapped there in days leading up to killings.
* Crown: First you hear there's a problem with TO, then you hear someone say I'm thinking of salvaging three guys.
* Crown: Then that night people are gloving up, sawing off shotguns, making CB contact between the house and barn. Maybe something's up
* Crown: So you go to Mushey and ask him "what's going on?" What made you ask that? Aravena: Gloves. People are putting on rubber globes
* Aravena: I went to Mushey and asked him what was going on, he told me not to worry but there's stuff he couldn't tell me.
* Aravena: I thought it was weird that they were bringing their guns because usually you leave guns at the door before a church.
*Aravena asks Crown to break up question into smaller pieces. "You keep asking me to clarify now I'm asking you to clarify," he says
* Crown: I'm suggesting to you that you knew very well what was going on, after the gloves and CB and guns and everything else.
* Aravena: I didn't know what's going to happen or I wouldn't have come. I bet Mushey & Brett wouldn't have come either if they knew
* Crown: There wasn't a party that night, right? No on was drunk. Aravena: Wayne was drinking but he can drink a lot for an old guy.
* Crown: Wayne told you to watch for cars but you were in the one room that has no window and you can't see the roadway?
* Aravena: They had a dog that would bark at anything that moved. Crown: But you missed a couple of cars. Aravena: Ask the dog about it
* Crown: Bosses are coming, aren't you getting ready to go up to them, introducing yourself, offer them a beer? Why don't you do that?
* Aravena: I don't know if you noticed but I don't take alotta stuff seriously. Like I didn't train before fights that could be real bad
* Crown: You were supposed to listen to the scanner not for a fire but for the police, right? Aravena: What else is a scanner for?
*Crown: You hear what you think is gunfire, you run out. The immediate topic of conversation is the man dying on the floor
*Crown: You must know that meeting the bosses is not what's going to be going on that night. Aravena: Yes, I figured that out quick
* Crown: Did anyone introduce you to the other guys, turn to the others and say "Fellows, this is Marcelo from Winnipeg." Aravena: No.
* Crown: Wayne leads Boxer out and you go with him. Barn. Car. Shot. Dead. Wayne walks in front, then Boxer, than you.
*Crown: Wayne has a gun, Boxer's unarmed & you're armed with a flashlight. Why would Wayne turn his back on a man who he's gonna kill?
* Aravena: I don't know. I also had handcuffs.
* Crown: So Boxer's being lead to the VW, the one car that's hooked up to the tow truck. How could you think that he was going anywhere?
* Crown: I'm suggesting it was absolutely clear that Boxer was going to die. You knew before the shots rang out. Aravena: Im not lying
* Aravena: If I was going to lie to you, I wouldn't have told you I even went out with Boxer. I could've just lied about that.
* Aravena: I'm not a liar. I gave you information I didn't have to give you. Crown: Okay, let's see if you can explain some other things
* Aravena: Think about what you'd be thinking if you thought you were going home and someone else has other plans for the night
* Aravena: Plus, you'd just seen a dead body, something you'd never seen before. Your mind would be going weird just like mine was.
* Aravena says he can't remember if he saw Boxer's skin when Wayne put the gun underneath Boxer's shirt or not.
* Aravena: To get out alive, I'd do anything Wayne told me to do. If he told me to eat that scat the way he did, I would've done it.
* Crown: You're there to confine these guys. You had a bat to make sure they didn't go anywhere. Aravena: And to protect myself, too
* Crown: So, Wayne told you not to tell anyone about Boxer. The first thing you do is go up to Sandham and tell him Wayne wacked Boxer.
*Aravena: I was freaked out, I didn't know what to do. So I told him.
*Crown: So why didn't you run? Aravena: I had no idea where I was, I don't know Ontario at all.
* Aravena says his curiosity got the better of him, wanted to see Chopper's dead body because he'd never seen anything like that before
* Crown: Wayne tells you to go and search the cars. You walk out with the car keys in your hand, the whole wide world in front of you.
* Crown: You don't run. Aravena: I know there's a dead body and I know I'm around bikers. I didn't run. I didn't call the police.
* Crown: So when you tell Gardiner that there's a dead guy in the barn? Aravena: He looks like he's about to cry.
* Crown: So Gardiner goes for the phone? Aravena: Nope. Crown: He goes out to get a car? Aravena: Nope.
* Aravena refuses to answer if he saw Gardiner with police scanner. Says he's not trying to be smart-ass, just doesn't remember
* Crown tells him he'd told them earlier Gardiner had the scanner. Aravena asks for that part of testimony to be played back for him
* Crown says he'll play it for him at a later date. Asks about shackles and handcuffs, rope, handcuffs. No one ever was tied up, though.
* Crown: So all night three guys go out, two come back. No Surrender Crew guys are the ones not coming back. You didn't hear any shots?
* Aravena: No, I didn't hear any gunfire. Crown: Why would BamBam want to shake your hand if you don't even know him?
* Aravena: I don't know, because he thought he was going to die. But I told him he'd be okay, that he was going home.
* Crown: So how could you be afraid that you're going to die if you also at the same time think the TO guys are going home?
* Aravena: That's what I thought, that I was going to die and that those guys are going home. Crown: At one point Gardiner comes in.
*Aravena: Yes, Gardiner comes in, he doesn't say or do anything. We always make fun of him cause he just sits there in his own daze
* Aravena: We always make fun of Brett 'cause he just sits there and looks like he's catching flies.
* Crown will continue with Aravena tomorrow morning at 10 a.m. Jury is excused for the day.
------------------------------------
Friday September 25 2009
* Here's what happened today. First off asst. Crown played Aravena testimony where he said Gardiner was listening to the scanner.
* Aravena said it was a cold night. Kelly asked why 'church' was in the barn when it could have been in the warm house
* Aravena said Sandham, Kellestine, Mushey and M.H. had churches in the kitchen and he, Gardiner and Mather weren't invited.
*Aravena said he would have offered to go to the cold barn so the church could be in the house.
* When Aravena got to the barn, Kellestine told his to "tell the guys on the roof everyone is okay." "Okay W," he replied.
* Aravena thought it was bizarre because there was no one on the roof. "Wayne said a lot of weird things that night."
* It was a lie like when Sandham said "there's supporters watching Boxer," he said.
*"Wayne's a loud-mouth, even when he doesn't yell," Aravena said.
* Kelly asks why Crash taken to the tow truck with a promise to go to hospital when Boxer and Raposo were dead in the attached VW Golf.
* Kellestine said Crash would be taken to a Toronto hospital and they would "say it was a drive-by," said Aravena.
* Salerno said "Tell my family where my body is," before he was led out. Aravena said he still thought everyone was going home.
* Aravena said he thought Salerno was being "an idiot" for saying that.
* Aravena said he watched Kellestine kill Paul Sinopoli. All he had was a flashlight.
* After Sinopoli killed, Kellestine tells Aravena to get in the car. Aravena refuses. "Fuck no," he said.
* Aravena turned his back on Kellestine, the nat. sgt-at-arms. "I thought he was going to smoke me too."
* Aravena said he never got any water for Flanz and Trotta when they tried to mop up the blood in the barn.
* No one asked me to get water. Why would I do anything?" Aravena said.
* Kelly asked why Aravena asked his good friend Mushey "don't shoot me in the face." Says Aravena was joking about Flanz.
* Aravena says he would have said the same thing to Gardiner. "I was scared that night."
* Flanz was dead in the back seat when Aravena said what he did to Mushey. Aravena wouldn't look and only saw him peripherally.
* Aravena said, "I value life." I went through the same thing as these parents are going through," when his cousin was gunned down.
* On trip back to Winnipeg, they stopped for sandals, chips and H&S shampoo, good for gunshot residue. Crown asks why he needs it.
*Crown: "Why didn't you say to Mushey 'why do you want to remove G.S.R.?" Aravena: "I didn't even hear this was true."
*"But on the single most important night of your life, you don't remember who went out." :Crown
* Aravena said he told Mushey how Boxer died with a smile on his face. They didn't talk about anything else connected with that night.
* Aravena said he was happy to be a Bandido but would have been happier "if it was a better vest."
* Aravena wore his vest at Ross and Elgin streets in Winnipeg. M.H. and Mushey showed up later in their vests
* Crown said Aravena was more than playing along. He told Mushey he wanted to be buried in his vest. Mushey was buying a Harley.
* Jury re-hears Aravena tell friend that the only way he can get out of the Bandidos is "floating in the river." Hear him laugh.
* Aravena said the girl he was talking to is a "giddy person... chipper." He is too "sometimes."
* Aravena agreed he had no intention of quitting the Bandidos. "I accepted my life for what it has become."
* Crown asks why if everyone was so scared why no one ran away.
* Lots of times Kellestine was not in the barn. Crown asks why the rest didn't get together to "take this guy down."
* "I probably could have done it myself." Aravena said, but "how do you go up and say 'do we take this guy out.'"
* Crown points out Aravena did not follow several orders despite wanting to impress the Bandido bosses.
* One order he defied was getting into the car after Sinopoli shot. "You think I'd take that on?" Aravena asked.
* Despite that at the end of the night, Aravena was made a Bandido prospect by Kellestine.
*"You knew this was a plan. You wanted to show how tough you were to your brothers. ": Crown.
* "You were loyal to your brothers and you're loyal to this day.": Crown.
* "They're not my brothers." Aravena said..... Crown finished cross-examination.
* Bryant re-exam. Asks about conversation with Kellestine on the jail yard. Aravean said Kellestine didn't come out and ask him to lie.
* Aravena: they talked about what happened and Kellestine said,"Hey Marce," then mouthed the name "Mushey".. Four (held up fingers)"
* Kellestine: "Me..two (two fingers)..(M.H.) ..one (one finger) ..Sandham... one (one finger)." Aravena: "Yeah, don't worry about me."
* Aravena said he and Mushey made a pact but the debt was paid. "I do think I owed him my life" that night."
* "A lot of stuff happened the last couple of years. That debt was paid with interest."
* Answer to last question of the day: "I can't lie," Aravena said.
* Justice Heeney reminds jury it can only use the statements made by accused against the person who says them. No value on others.
--------------------------------
Tuesday, September 29, 2009
*Court lasts five minutes. Gardiner, Mushey and Kellestine opt not to call evidence
*Jury told to return Oct 13 at 10 am when closing arguments begin
---------------------------------------
October 19 2009
* At the courthouse. Visitors to secure courtroom filling the hallway. Closing arguments start at 10ish
* Jury about to walk in. Hush over courtroom
* Justice telling jury what will happen now. The arguments will take at least this week. First defence lawyers, then Crown.
* Judge: What you will hear is not evidence, it's a way of gathering evidence to get you to decide one verdict or another
* The judge will then give his charge, which will take two days, maybe three, and then jury will be sequestered until their verdict
* Gord Cudmore, one of Michael Sandham's lawyers, is up first. He starts by thanking jury for their time.
* Cudmore says he doesn't like going first because this is his last time to address jury, there will be no argument on what other lawyers say
* Cudmore: The Crown said at the beginning that they'd tell you a story. That story is the story as told to them by MH.
* Cudmore: MH's story is like the warning before an episode before Law&Order. It's based on true events, but it's not the whole truth
* Cudmore says Sandham knows that his credibility is shot, knows that he lied, admitted he lied. He's like the boy who cried wolf.
* The fact is that even if you don't believe Michael, you have to consider all the other evidence to see if there's reasonable doubt
* "He was like a kid caught with his hand in the cookie jar. He was like an alcoholic caught in a lie." Yes, Sandham lied, lawyer says
* But, Cudmore says, the other lawyers played the tape of Sandham lying over and over and over again just to paint him as a bad guy.
*Others have tried to talk about how bad Sandham is, but the point is that people have pinned stuff on him that there's no evidence for
* Cudmore: Let's talk about MH. The only person MH cares about is MH. Some would call him a narcissist. He was a drug dealer.
* MH made tens of thousands of $$ peddling cocaine, ruining lives. He lied to the police, to his family, to Revenue Canada, to welfare
* Cudmore: If you don't believe MH, that doesn't matter to him. He only has to satisfy the Crown to keep his deal. He's got a great deal
* MH. Was told that if his story had him shooting anyone, no deal. Sur enoughn his story didn't have him shooting anyone
* Let's tlak about shooting Flanz and Raposo. People have said that Sandham shot Flanz but let's look at the science.
* If you look at the blood spatter evidence, there's no way Sandham shot Flanz. He would have had to defy the laws of physics to do that
* On the matters that matter, Michael was telling the truth. Michael didn't help Mushey or anyone else to shoot Flanz.
* Killing someone doe not neccessarily mean the shooter is guilty of anything. Shooting Raposo could've been knee-jerk or accidental
*Even if shooting Raposo was intentional, you will have to conclude that it's self defence. We have the right to defend ourselved
*The men were told to expect the worse & it arrived in form of Raposo shooting double-barrel shotgun. He'd shot once could shoot again
*Biker world is a pseudo-macho world and there are many inferences that can be made. There was no plan that night just chaotic maddness
* All kinds of inferences can be made. It's natural to want to punish someone for eight deaths, but that's not justice
* The state has to prove it's case beyond a reasonable doubt. It may be uncomfortable, but that's how justice works
* I don't think evidence here meets high standard of beyond reasonable doubt. But what I think doesnt matter, what you think matters
* Cudmore again thanks jury and finishes. Time for morning recess. Mather's lawyer is up after break.
* Kellestine wearing dark suit, white shirt. Mushey: tan jacket. Gardiner light blue dress shirt. Can't see Sandham, Aravena or Mather
* After the break ends, it'll be Greg Leslie, Mather's lawyer, who will deliver his closing address.
* On April 9 006, Frank Mather was arrested. He was innocent of everything he's been charged with. He's still innocent.
* Leslie: my client is innocent because of the presumption of innocence. I'm going to ask you, who is Frank Mather? No one knows
* Leslie: My client is a mystery man. Nobody knows who he is. The only person who ever saw him before was Sandham at BBQ in 2005
* Leslie: we heard from a detective that knows everything there is to know about the Bandidos MC and he's never heard of Mather
* Leslie says Mather wasn't a Bandido, his only mistake was to be friends with Wayne Kellestine.
* Why would Mather be part of a mass execution? What's in it for him? There are two groups - the shooters and the non-shooters.
* My client is part of non-shooters along with Gardiner & Aravena. Sandham says my client escorted Paulie out to die. That's not true.
*Aravena's testimony, on the other hand, has an air of truth to it, and he says my client didn't escort Paulie out.
* MH lies to the cops, to his buddies, to his friends. He lies all the time, continuously.
* Leslie: you can choose what you accept from each piece of evidence, including from MH. He said he didn't remember if Mather went out
* There are no emails, no wiretaps, no websites with reference to Mather. He just needed a place to stay and stayed at Wayne's
* Leslie is going over all the evidence that shows Mather wasn't a Bandido, that he just was crashing at Wayne's with his girlfriend.
* Leslie: For Mr. Mather to be guilty of murder he'd have to know of a plan to kill and/or help with the plan. He was insignificant.
* Leslie: the crown might say that he was in th barn and holding people, forcible confinement. But there's no evidence that he did.
* Leslie says Mather never heard "kill one, kill them all," or any other plan. Mather just thought everyone was going to go home.
* Leslie: People get shot. People get killed. There's no evidence that Mather ever heard anything like gunshots. He heard music, etc.
*Leslie: Aravena, Gardiner and Mather didn't have a clue about what was going on that night.
*Leslie: If anybody suggests Mather knew of a plan or killed anybody, ask yourselves what would Leslie say to that?
* On the first count, Chopper, Mather wasn't in the barn. You must acquit. On count 2 to 8, he didn't know there was a plan to kill
* Leslie: In my respectful submission, the Crown has not reached its burden in proving Mr. Mather's guilt.
* Leslie finished with his closing testimony. (This is going much quicker than I expected). Next up is Tony Bryant, lawyer for Aravena.
* But first, lunch. Back at 2 p.m.
* Sitting in court, waiting for the jury to come in so we can hear from Aravena's lawyer, Tony Bryant, give closing arguments.
* Bryant is reading a letter from Aravena to ?? We don't know. There have been 72 witnesses, including me (Marcelo) and 233 days in jail
* Turns out the letter is to his dad. It's all in the first person, written by Aravena.
* "I wish mom was alive so I could write to her, too ... I know this stuff with the Bandidos is a million times worth than anything."
* I told the jury where I grew up, when I lost it for a while, started to use cocaine and got pretty bad. I met Dwight
* I was still fighting but didn't have a fight schedule. I was living with Dwight, then a guy named Brett Gardiner moved in, too.
* I sort of liked the idea of the Bandidos, they talked about being there for one another. Looking back, maybe I needed some direction
* Last week in March Brett came down, woke me up and told me I could come to Ontario, meet the bosses. MH was there but I didn't see him
*I flew out after the guys went down. They even showed the jury a video getting off plane at the London airport. I wasn't feeling well
* When we got to Wayne's house, he comes out, long hair, no shirt. A weird sort of guy that had guns all over the place.
*I heard them talking about saving Paulie, Crash and Pony. I didn't know what that meant. All their meetings were behind closed doors.
*Wayne came down with guns. Told Mushey to saw off a gun, MH and Sandham were told to clean the guns. I was told it doesn't concern me
* Then, Wayne came downstairs and told us to put on gloves, but my hands were so sweaty, so I took them off. We were just watching TV.
* Bandidos Reminder: This is a letter Aravena supposedly wrote to his father explaining the Bandidos killings, being read by his lawyer.
* Frank, Brett and I were inside the house just hanging out when we heard really loud bang. I grabbed a baseball bat and ran to the barn
* All the guys were down on the ground and Wayne was yelling at them. Then Wayne asked me and Frank to check their cars for stuff.
* There was a dead guy on the floor. Wayne kept telling people that no one was going to die. Wayne was telling them all they'd be fine
* I remember thinking that it was going to be one long night. My lawyer told me later that it was one long nightmare.
* Can you believe these names, dad? Boxer, Chopper, Pony, Crash? Anyway, they all have those kinds of names.
* I remember giving a blanket to this guy, Crash, because he was cold because he was shot. Flanz and Trotta started cleaning up blood
* Paulie had some kind of problem, he had to pee all the time and we eventually gave him a bucket. Wayne said it was time to go.
* So Wayne told Boxer to get up and told me to follow him. I did. He told Boxer to get into the car. Then he just shot him in the face
* Wayne can be really crude. He told me to put that piece of shit's leg into the car. When I turned back around, I had a gun in my face
* Wayne told me if I said anything, he'd shoot me and my whole family. I told him I wasn't a rat.
* I was scared. I really thought they'd all be going home. After we were back in the barn, they were all led out one by one.
*Finally, Wayne asked for Paulie and turned to me and said "Mar, let's go." I followed. He told Paulie get into the trunk and he did
* I think the gun jammed and Wayne took out another gun and shot Paulie. Wayne told me to get in the front seat and I said "Fuck no."
* Dad, there's no need to tell you about how the bodies were dumped. I was just happy to be out of the farm, but then we went back.
* A few days later in Winnipeg, Mushey gave me his old prospect badge. It was nice to be there friend, because we'd all gotten out alive
* I asked my lawyers how juries decide these things. Some of the stuff that MH said, it makes it sound like we weren't in the same place
* MH told the jury that I was a prospect in 2005, but then my lawyers played him a videotape of him saying something else at the prelim
* Bryant continues to read this "letter" in the first person from Aravena to his dad. Says MH got bunch of stuff wrong in his testimony
* It was hard for me not to feel sorry for MH. He was more concerned about his guinea pig being in the witness protection program
* As for Sandham, he really was trying to protect his own ass. He said a bunch of stuff I didn't even know about, stuff from the states
*So, dad, that's what happened, what others said happened, and why I'm here.
*I told the jurors I was never a part of any plan to kill anyone, that really, there was no plan. I didn't help in the murder of anyone
* I didn't have anything to do with Chopper being killed. But I told the jury I didn't know anything about even patches being pulled
* Boxer. I told you what happened in the barn after I got there, how Wayne said they were all going home. Who knows why he picked me
* I saw Wayne kill Boxer. It had nothing to do with getting patches. I don't know why Wayne killed him. Wayne had a different plan
* I never intended to kill anyone. My lawyer told me he'd remind the jury my evidence was way more believable than the other guys.
* I had no way of knowing Wayne had a different plan that night. I didn't know any guys would be killed, dad, and I didn't hear shots
* After Boxer, I never knew anyone would be shot. My lawyer says I can only be found guilty if I had the intention to kill someone, dad.
* Dad, nothing I've told you or the jury can bring those guys back. There was no need for Wayne and whoever to kill those guys.
* Dad, I've been a bunch of things in my life, but I'm not a murderer. I hope you read this letter before the jury gives their verdict.
* That's it. Jury sent out, we're dismissed. Three closing arguments down, three to go. Back at it tomorrow.
------------------------
Tuesday October 20 09
* The lawyers at the #bdos trial are discussing points of law without the jury present. We should be up and running in about 10 minutes.
* Judge tells jury that in Bryant's closing, he purported to read a letter to his clients father. The words that were spoken were proper
* Judge: What was improper was the impression that the letter was in Mr. Aravena's own words. It was not. The letter was a closing
* Jury told to only use Bryant's closing as argument and closing, not as new evidence, because it was written by a lawyer, not client
* Next lawyer up is Hicks, lawer for Brett Gardiner. Starts by saying his client his presumed innocent and crown hasn't proven he's not
*Hicks: You the jury should acquit my client of eight counts of first-degree murder. He asks jury to think about several things said
*Jury should think phrases: They fucked up. They fucked up; How come I have to do all the wet work?; Did you fucking hear that?
* Other phrases to think about: Be prepared for the worst; Kill one, kill them all. These are very important to consider, Hicks says
* Kellestine and Sandham took no one into their inner circle, Hicks says. His client was on the outside.
* Hicks talks about drug dealing by the TO Bandidos. "The problem was that they not only sold drugs but they also used drugs."
* They used, sold coke/crack. In autopsies: Flanz had coke in system, Trotta had pot, Raposo had coke/pot, Salerno methadone & heroin
* Even though Kellestine disapproved of a drug use, he had "a dirty little secret." He had also used meth or speed and was "fucked up."
* Bandidos Correction: The first phrase the jury is asked to consider is "I fucked up, I fucked up." I used the wrong pronoun originally
* Those words were spoken by Kellestine. Hicks says Wayne said it in reference to drug use, that he was "fucked up."
* Hicks to jury: Motive is something you have to consider. The absence of motive can incriminate or exculpate. Gardiner had no motive
* Gardiner simply was a 21-year-old that wanted to advance in the Bandido nation. He had no idea there would be violence in Ontario
* Sandham took a bulletproof vest secretly to the Kellestine barn. His recent promotion to national office is a secret, Hicks says.
* Kellestine, Mushey, Sandham, MH were all high-ranking members, they were in barn. Aravena, Gardiner, Mather were lowest, in house
* Kellestine had secret cache of weapons. He'd told the guys to "prepare for the worst." He knew TO guys were bringing guns, Hicks says
* Kellestine had a secret (TO guns) and it was a secret he didn't share with the rest of the group but he did share it with Sandham
*First-degree murder is when it's done during something like forcible confinement OR if it was a plan hatched beforehand, Hicks says
* But Mr. Gardiner did not forcibly confine anyone or know about a plan. He heard "kill one, kill them all," but that's just a phrase.
* Gardiner, the lowest man on the totem pole, did not know of a plan to kill, nor did he share a purpose or motive to kill
* When Gardiner hears pop of gunfire (after Boxer'd been led out) he says "Did you fucking hear that? I better go check on Wayne!"
* Obviously, Gardiner was completely ignorant of any plan or killing. Plus: everyone thought he "wasn't bright," Hicks says.
* Any plan would have had to be explained to Gardiner. There was no explanation because there was no plan, Hicks says.
* There wasn't a plan. Why would seven bikers just sit around a barn waiting to die? They would have fought if they thought they'd die
* Kellestine is a psychopath. He's psychotic. There's no gentler words that can be used if you want to be truthful.
* Hicks: Kellestine killed six men. Men that were his friends, his brothers. Men ho he knew, men whose wives he knew. "Love ya, bro."
*Kellestine says "Why do I have to do all the wet work?" (Wet work is killing). Because his actions were unexpected, unforseen.
*The guys were too scared to help with the "wet work." They were too surprised to help, too scared. Even MH said he was scared.
* Presence at a scene of a crime does not make you a party to a crime. You'd have to do more than simply be present, Hicks says.
* Neither does not intervening in a crime make you guilty of that crime, he says. The choice was for those at the barn was stark one
* This was the choice: To stop the killing you'd have to become a killer yourself. You'd have to kill Mr. Kellestine.
* If you failed/hesitated in your attempt to shoot Mr. Kellestine, he'd shoot you. There were two killers that night: Wayne and Sandham
* Kellestine and Sandham put the guns together. Everyone else cleaned them, but they didn't know why they were cleaning them. No context
* All Gardiner did was listen to the police radio. He didn't do anything with any information he heard on that scanner, Hicks says
* (If Gardiner helped, that would be second degree murder). But Brett didn't help or assist in the commission of the crime using scanner
* So you can't convict Mr. Gardiner of first degree murder and you can't convict him on 2nd degree murder. Maybe manslaughter, at most
* Hicks thanks jury for their attention. Next up is Moon, lawyer for Dwight Mushey, but he'll go after lunch. We're taking an early one.
* We're back. Moon is up for Mushey. Moon came in halfway through trial. Really not much happened prior to MH's testimony, he says
* Moon says he doesn't like going fifth because other lawyers have already said a lot of stuff and have stolen a lot his thunder.
* Moon: At the risk of repeating something, I'd like to start with a letter. "Dear Marcello's dad..." Just kidding. (laughter in court)
* Moon: Nice to know that in a world where many countries would just have a show trial and find the #bdos guilty, in Canada we have juries
* Juries are like bumblebee: shouldn't work, but they do. You are 12 people in a room with other people dressed like priests or monks
*Each of you stand between the accused and the state, trying to prevent wrongful conviction and guilty people going free, Moon says
*There have been many witnesses and a lot of evidence, but that does not mean anything. It's about quality, not quantity.
* It would be easy to say, looking at the evidence, that the crown had a lot of evidence against Mushey. Look closer, they have not.
* Moon says part of the reason why Crown called 70+ witnesses and 500 exhibits is to overwhelm the jury. It's "smoke and mirrors.
* It's like a magician with smoke and mirrors and dancing girls, but it's a trick. Really, it's all about MH's testimony and he's a liar
* To keep his deal, MH didn't have to tell the truth, he had to not get caught in a lie. He's a liar, fraudster, drug dealer, killer
* The key issue, no, the only issue, in this trial is who did what to who inside Kellestine's barn, Moon says
* Only evidence Crown has in a lot of this case comes from the purchased mouth of MH. You have to believe him beyond reasonable doubt
* I'm not saying Crown has done anything underhanded but central part of their case is built on word of a lying, drug-dealing murderer
* Crown will tell you "if you don't believe A believe B?" But they're making stuff up, flipping spaghetti at a wall & seeing what sticks
* I won't have a light show, Moon says. I'm going to give you one version of the events, supported by logic, common sense and evidence
* Moon says Mushey admits to the following: He didn't shoot anyone, including Flanz. He didn't kill anyone, but we'll talk about Raposo
* Mushey admits he was a probationary member, that he went to Ontario, that he knew w/ MH, Sandham, Wayne to Peace Arc Park
* Mushey admits that he knew that TO was defunct and Winnipeg was becoming a chapter, that Kellestine was gonna be Nat'l Pres
* Mushey admits he became full-patch in March 06, that he, MH, Aravena and Brett were told by Sandham to come to Ontario
*Mushey admits he didn't know that Carlito and Stone were sent to Winnipeg to go kill Sandham. He admits he was at Kellestine's farm
* Mushey admits he notified RCMP he was going to Ontario, that only plan was to pull patches and to "prepare for the worst."
* Mushey admits he went behind the barn with MH while the TO guys were arriving. He didn't know there were firearms inside the barn
* Mushey says he didn't know Raposo said he'd blow a hole in Sandham. Moon says Sandham is a man not to be trusted, believed.
* Moon: A smart man once said, You can put lipstick on a pig but it's still a pig. How stupid does Sandham think we are? He's a spider
* Sandham killed Raposo, Trotta, Flanz. Sandham's life was a web of lies. With each new deceit, he spun a new web of lies.
* Moon: Sandham portrays himself like a clucking mother hen, gathering blankets and helping out the injured. How absurd.
* Moon: I'm surprised Sandham didn't say he went into the house to make hot chocolate and smores and come back to sing Kumbaya.
* Moon: It may very well have been in Sandham's heart to kill when he left Winnipeg. But Mushey and MH didn't know that.
* Moon is going through his theory of that night. He's talking about Raposo's injuries, who had bullet to chest and graze to arm
* Sandham could've acted in self-defence or shot Raposo by accident. I confess, I have my doubts about that, Moon says.
*Mushey was a patch-wearing member of the Bandidos. He was proud of that. He took his role very seriously. A brotherhood.
*Mr. Mushey accepts responsibility for what he did. You can find him guilty of manslaughter on Mr. Raposo.
* Moon: Let's talk about Flanz. There are three version of events. MH says Sandham's gun jammed and he gave it to Mushey, who shot Flanz
* Moon: Sandham says he saw Mushey shoot Flanz. Aravena says he saw Sandham shoot Flanz twice.
* If you look at forensics, any one of them could have shot Flanz, based on blood splatter. The head wound at top clears everything up
* Head wound was from top, left to right. Mushey couldn't have done it from inside car. Bullet would've had to come from the outside
* Therefore, Moon says, the only testimony that can be believed here is Aravena, who said Sandham shot Flanz from outside the car
* Trotta and Flanz both had unique injuries. Both shot at top of the head with a 9 mm. You can infer that Sandham killed both, Moon says
* As all of this is going on, nobody stood up and said, "No. This isn't right. We shouldn't do this." But Mushey did stand up, Moon says
* Moon reads transcript of Mushey telling MH about convo he had with Sandham, Kellestine that night. Mushey said "No. This isn't right"
* Moon: Kellestine told Mushey in the barn to shoot Boxer if he moved. Boxer moved, but Mushey didn't shoot him. He wasn't having it.
* Moon: Bammer (Salerno) goes up to shake MH's hand, he refuses to shake it. Bammer goes up to Mushey who shakes his hand.
* Moon: That's because MH was scared of Wayne, didn't want to die. Mushey was sticking it to Wayne, gonna shake whoever's hand he wants
* Moon: You have at least a reasonable doubt on this matter. He's the only who stood up and said, "No, this isn't right."
* Moon: Mushey is willing to concede he didn't try to stop anything at first, that's why it could be manslaughter. But then he said NO.
*Moon: Mushey refused to follow his orders. Mr. Kellestine is a long-time member of the 1%er world. Sandham is a long-time wanna be
* MH is also long-time biker, kissing-cousins with big-time bikers. Mushey, only a biker for a year, has the stones to say 'no' to Wayne
*Mushey was just lucky to get out alive. He put his own life on the line. I'm not saying he's a hero, but he's not the villain
* Moon asks "How long have I been talking for?" Judge: About an hour and a half. Moon asks for a 15 minute break.
* Jury coming back in. Moon says he's almost done. He'll go home take his dogs out for a walk.
* Moon: Let's talk about MH. I agree with the other lawyers here except for the Crown when they say he's credible.
* Moon says MH lied to protect himself. The police believed him, the Crown bought it and he provided the bedrock for the case.
* What MH said about Flanz's death is outright lie. He first went to cops without immunity, so he could've been lying to protect himself
* Just because MH testified doesn't mean he told truth. Ask yourselves, what corroboration is there to his evidence? I say there is none
*MH's evidence is inherently suspect. Aravena, on the other hand, isn't a sophisticated witness. He told truth about Flanz's death.
*Moon: That's it for me. I'm not going to get to speak to you any more, so thank you.
*Judge: It's getting very hot in here, so we'll call it a day. We'll come back tomorrow with Kellestine's lawyer, then the Crown.
--------------------------------------
Wednesday October 21 2009
* Courtroom filling up at #bdos trial. Kellestine's lawyer will have a full house audience in main courtroom. Overflow room also crowded.
* Today we'll be hearing from Clay Powell, the last lawyer (Wayne's) to deliver closing arguments. Then it's Crown's turn for closing.
* In court this morning: Six civilians, three lawyers (They're wearing suits). Two cops, one court clerk, one Free Press reporter
* 27 people in overflow court. A record. People, lawyers, cops, court clerks, reporters. Everyone wants to hear Kellestine's closing
* Here we go. Clay gets up. Says he's wanted it to be like on television. "I'm Nick Paparella." (Everyone laughs.).
* Powell: I was sitting on the porch this morning, 6:30 a.m., I thought, I don't want to read, I want to say a couple of things to you.
* Powell: I don't think I've ever represented anyone who has been labelled a psychopath or a maniac, like my client has been .
* Powell: Other lawyers can say whatever they want, I'm not going to point fingers at anyone but Sandham. Can it be Kellestine's fault?
* Powell: Who has real motive to take out Toronto guys? Kellestine? Why? Sandham did, he was an ex-cop and people were gonna kill him
* Powell: Sandham doesn't come to Kellestine alone to tell him that TO guys are bad, no money, snorting coke. He brings his whole crew
* Powell: What was Kellestine plan? Not killing. It was to take colours away. That's what boys in Texas, Concrete Dave (Weiche) wanted
* Powell: Kill one, kill them all means "don't kill anyone because then we'll be in a bind." That's what Kellestine meant
* Powell: Sandham, the genius over there, shot first. Chopper said he'd kill him and Sandham shot him. Then they had really big problem
*Powell: You cannot convict anyone on the evidence of MH. He's a game-player. He was coming down with the genius from Winnipeg, Sandham
* Powell: You can't trust a word Sandham says. If he stuck a parking ticket on your dashboard in Winnipeg, he probably forged it.
* Powell: Then you've got the letter writer, Aravena. They all say the same thing: Kellestine's crazy. He was singing, dancing.
* Powell: The easy target is Kellestine. You've got all the lawyers, the bay street thumpers, saying it was my client. So will Crown.
* Powell: My colleague Cudmore did a good job, but there's not much you can do for Sandham
* Powell: You, the jury, have a hard task. Mushey, Gardiner didn't come along for a ride to Ontario to meet the bosses. Give me a break.
* Powell: Frankie Mather came to Wayne's house for a place to stay for his pregnant girlfriend. And Kellestine gave them a place to stay
* Powell: (whining like Taz) Yeah, I bought a book about secret agents. I wanted to be one. What nonsense.
* Powell: Even if Cudmore said that, you wouldn't believe him. What about our letter writer, Aravena? Said he was scared of Wayne.
* Powell: (deepens voice like he's dumb): Gee dad, I sure hope Tony knocks them dead. Uhhhh. I was scared of Wayne. Give me a break.
* Powell makes fun of Aravena's lawyer, says he's "most egotistical guy put on this earth." "Gee Clay you're great" (pats self on back)
* Powell: I ask you not to get hyped up in the rhetorical and what they say in the newspaper, calling him a psychotic killer.
* Powell: I can't ask for much more than that. Give it your best shot. Remember the big picture, remember who came to whose house
* Powell: Remember who fired the first shot. Remember who really wanted to be a 1%er, who went back to Winnipeg all proud.
* Powell: I have no axe to grind with any motorcycle club in this country. I feel bad for the families of the guys that died.
* Powell: I can't ask you for more than that. I hope you look at the big picture when it comes to Mr. Kellestine. Thank you.
* That's it for Powell. The 30+ people who were in the overflow room have filed out. Now it's lunch time. Crown speaks after lunch
* The #bdos defence phase is over. All the lawyers have delivered their closings, all the closings have been twittered. Discuss.
* Jury back. Crown will now make his closing. The crown is Kevin Gowdey. I'll just tweet him as Crown
* Crown: I'll probably take two days. You heard 68 days of evidence. It's our burden to prove case to you. There's a lot to cover.
* Crown says part of his closing will include playing and showing evidence that jury has seen already (to refresh memories).
* Very few defence lawyers have asked you to look at the whole, Crown says. They've picked and chosen what they want you to look at.
* Crown: You are to be impartial. The accused, this court and your community expects nothing less.
* Crown: Bryant made sure to remind you Aravena's mother had died; Hicks called people names. They're trying to appeal to your emotions
* Crown: I'll be appealing to your logical side. I want you to look at the evidence logically.
* Crown: This might be an overused metaphor, but this trial is a journey. You're all from different places & have travelled on a journey
* Crown: Journey has taken you into legal world and into the world of Bandidos. I'm sure this will be a once-in-a-lifetime experience
* Crown: Let's go over legal terms. People who aid & abett are as guilty as someone who pulls the trigger. Recall Bryant's cross of MH
* Crown: Bryant held up pics of all the murdered men and asked "did you kill him? Did Aravena kill him?" That's the wrong question.
* Crown: The real question should have been did Aravena or these other men help or encourage the killing of these men? Answer is 'yes
* Crown: Let's look at 1st degree murder. It's first degree if it's during forcible confinement or planned/deliberated upon beforehand
* Crown: Doesn't matter if Mather came with girlfriend or that Aravena wouldn't have come if knew about violence. Only that day matters
* Crown: A conditional plan is also a plan. A bank robber thinks "i'll only shoot if they resist." That's a plan to kill.
* Crown: Worse case scenario was to shoot No Surrender Crew. Actions show they were preparing for battle, all preparing for an ambush.
* Crown: Let's talk about being unanimous. You only have to agree on the verdict.
* Crown puts up a powerpoint. First slide: Position of the Crown: Tensions have been building within the Bandidos
* By April 2006, every member of Bandidos in Canada was in trouble.The States were fed up.
* Crown: The six accused agreed on a plan. They went to Ontario. This was not a pleasure trip. They knew there'd be guns.
* Crown: Two days before killing, Kellestine talked to Cameron Acorn (in jail), and he said "big changes were coming." They sure were
* Crown: The nicest version of the plan was luring the No Surrender Crew to the barn and to only shoot if they resisted.
* Crown: But the chances of these TO men saying 'Sure, here's my patch, no problem' were very slim. The farm team was prepared.
* Crown: The farm team's preparations were extensive. Gloves, cleaning guns, bulletproof vests. Some guarded, some monitored scanner
* Crown: When the shooting started -- not an accident -- the worst case scenario had happened. One dead, couldn't have seven witnesses.
* Crown: The TO Bandidos couldn't leave. They tried. Some cried, some prayed. Flanz was told he'd die last, and he did die last.
* Crown: Together, all eight men dumped the bodies, together they advanced in the Bandidos, together they got rid of evidence. Each one is guilty
* Crown's next powerpoint slide goes up. It's called "Easy Facts." (It's just black print on white background).
* Easy Fact: The Deceased. (Puts up pics of dead men). You know their names, you know their nicknames. You know their ranks in the Bandidos*
* Crown: Also remember who they were. Boxer was the national president. Why would he give up his patch so easily.
* Easy Fact: All eight men went to Dutton-Dunwich on April 7, 2006, to Mr. Kellestine's farm. Easy fact: Hours later, they were all dead
* Crown talking about Mary Steele, woman who found vehicles on Stafford line. The killings took place between 10:15 p.m. to 6 a.m. next day
* Easy Fact: How they died. All murdered. All were shot at close range, except Raposo, who was shot by Sandham with a high-powered rifle
* Easy Fact: Boxer shot in head, Crash shot 7 times, Pony shot in head+chest, Paulie shot, Bammer shot, Mikey shot, Flanz shot.
* Easy Fact: This was a closed set. There were no Hell's Angels, no Nomads on the roof. Easy Fact: All TO men were found stuffed in cars
* Easy Fact: The guns were all from Kellestine's farm. They were found in a secret compartment under the microwave oven.
* Crown: Unless MH did killings himself, which no one suggest, all the killers and helpers are here today. They must be held accountable
* Crown says he wants to talk about motive. It'll take 50 to 60 minutes. They all have common motive.
* Crown: The motive was all about the men wanting to preserve or advance their Bandidos motives. Common motive sticks everyone together
* Crown puts up Exhibit 2474: Seized from master bedroom at Aberdeen Line (Wayne's house). It's front and back of a vest with Bandidos patches.
* Crown puts up 1%er: More than a Patch and 1% Creed, which was shown to jury by a biker (Bandido) expert.
* Crown: 1%er is an ideal. It's like a religion or a vocation. It's a way of life. It's "literally words to live or die by"
* Boxer's email: "Our club is our life and there is nothing worth living for without it."
* Taz email: "A Bandido fights for his patch, a Bandido doesn't throw down his patch over bullshit."
* Crown puts up pictures of Bandidos at parties. Even if they weren't on a membership list, they WANTED to be on a list.
* Crown says the lawyers will make much of the Bandidos not having motorcycles, not being on a membership list. It's about their desire.
* Pic of Sandham up, wearing a vest and helmet: Taz, Tazman. He desperately wanted to be a biker. Was in Bandidos colours at Wayne's house in '05
* Email from "Bandido Jeff" (Bandidos president in USA), to Canada: It may be a surprise to some of you: you have to own a motorcycle. Get one.
* Crown puts up photo of Sandham wearing a dark suit jacket, burgundy shirt. Brown hair, balding. Looks like a banker.
* Mushey, Aravena, Gardiner, Mather also wanted to be Bandidos or were prospects. Each of them had a motive, something to gain/preserve
* Crown puts up photo of Mushey, wearing glasses, grey suit, black shirt. He was a probationary Bandidos member, he was organizing support club
* Mushey and Gardiner lived together. Mushey was Aravena's sponsor. Mushey was aware of the troubles with USA, with TO members.
* Picture of Aravena goes up. Green t-shirt under black pin-stripe suit jacket, black hair, round face, big smile, dimple on right cheek
* Aravena spent $250 on plane ticket. Ignored medical treatment. Bandido ambition drove him. No bike, no membership, that doesn't matter
* Gardiner picture in yellow shirt, blue collar, white shirt underneath. Light brown hair, glasses. Gardiner told "do what you're told"
* MH said Gardiner had some status in Bandidos. Also, shortly before murders, he signed a love letter to his girlfriend "Prospect Bandido Bull."
* Gardiner wanted to be a Bandido, he came to Ontario specifically to get his prospect patch.
* Mather's picture put up. Smirking. Red hair. Green plaid button-up shirt on top off white t-shirt. A dark, heavy suit-jacket over top
* 5 or 6 pictures in collage form, Mather seen in "Support the Fat Mexican" t-shirt. He'd moved in to Kellestine's basement with GF
* Mr. Mather was not an unknown. He developed an attachment to the Winnipeg Bandidos despite the fact that he was relatively unknown.
* Kellestine's picture. His grey hair is pulled back or cut off. Wearing round eyeglasses, smiling. Grey shirt under dark grey jacket
* Wayne Kellestine clearly differs from Mather, Aravena and Gardiner. He already had his patch. He was a sgt.at arms.
* Kellestine was talking about reorganizing the TO Bandidos. He was prepared to take control of the club in Canada, but he needed help.
* Crown: Emails paint a picture of the long-standing problems between No Surrender Crew and the American Bandidos.
* Emails put up from Bandido Big Bill. "Canada has not been meeting the requirements of belonging to this club." (In 2005).
* The emails being put up are from Bill Sartelle (Bandido Big Bill) in Texas. Bammer replies: "being a Bandidos in good standing is my world"
* Email from Bandido Jeff (US president): "And one more thing. Bandidos don't vote. They do what the fuck they're told. "
* Crown: "Better to die on our feet than to live on our knees" No Surrender Crew believed
* Sandham tires to put a distance between Winnipeg and Toronto. Concrete Dave (Weiche) enters the picture. But he's also on outs
* Picture goes up of Jeff Pike, International El Presidente and Carlton Bare, Bandido Pervert. Wayne knew them.
* Sandham knew to meet with USA, he needed to have someone high up from Canada -- like Kellestine. Wayne knew Taz was talking with Texas
* The point was that Wayne, Sandham and Concrete Dave went to meeting with Americans. Importantly, the TO crew wasn't told
* Tazman 1%er sends emails from US says he's happy, all going well, Texas was "behind him" and signed emails "Bandidos Fuckn Canada!!!"
* But in emails to TO guys, (email to Chopper goes up), Sandham signed his emails "Bandido Probationary Tazman"
* Crown: Getting rid of the No Surrender Crew would have to be an ambush. They would, by definition, not surrender.
* Calls were made from Mushey's house by Sandham to Hawaiian Ken to pull Patches. Five Bandidos were there at the time, listening to orders.
* Sandham's phone records show the route that Bandidos took from Winnipeg to Southwestern Ontario. They show up at Kellestine's house unexpected.
* Crown: Whether ambitions were to be a prospect or to be president, the way to do it was the same: To remove by force the TO Bandidos
* Crown: That's a good place to stop. Jury excused. Back again tomorrow at 10 a.m
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Thursday October 22 2009
* About to get started here at the #bdos trial. The Crown will continue with its closing arguments.
* Crown: Yesterday we talked about motive. We didn't talk about MH. Let's talk about him. He's a central character but he's one part
* Crown: MH wasn't told about the autopsy evidence but did know the wounds of the dead men. He told police what guns to look for
* Crown: MH walked Pony out to his death. He forcibly confined the eight men. He is guilty of murder. But he also broke the 1%er code.
* Crown: Any feelings you might have about MH's immunity deal are understandable, but does it cast doubt on truth of his evidence? No
* Crown: This was MH's only shot at freedom. The only stipulation was that he tell the truth. Other evidence backs up his story.
*Crown puts up powerpoint slide: The Preparations. Shows video surveillance of Mushey, MH and Aravena at the London airport.
* Crown: The prep started before they got to Wayne's house. Mushey asked if they should bring guns. Sandham said no, Wayne would have some
* Crown: Kellestine told the guys several times to be prepared for the worst, that if they kill one, kill them all. It wasn't just talk
* Crown: Wayne said he needed new shingles because he'd hidden some guns in his roof. Two days before killings, Wayne talked to Acorn
* Plays tape. Wayne: "There's gonna be some major changes. I hope your gonna hang tight. You're a good truthful man & a good soldier
* Wayne : I hope things are gonna get a lot better. People in States are super super super fucking choked. People have been lying to us
* Wayne to Acorn: Everything ain't alright. So I'm not gonna say another word. I'm telling you right now, you protect yourself.
* Wayne to Acorn: I don't want no part of this but I'm gonna try to salvage as many guys as possible. I'm gonna have to fix this.
* Acorn: Oh fuck, it's not what I think it is? (This was conversation btw Cameron Acorn in jail and Wayne, 2 days before killing)
* Crown: Plays another tape where Wayne tells Paulie to come to the church, sings "Hold me close, you homely little bastard"
*Crown: The prep also included teaching people how to butt-stroke someone. Wayne took guns, they put the guns together.
* Crown: For 2-3 hours they cleaned and put together guns. All of them. Not one of them asked why or stood up and refused to continue
* Crown puts up picture of one of the guns that they couldn't get working. It looks like a rusty thing from the First World War.
* Crown puts up pictures of sawed-off barrel of a shotgun among crap on a shelf. (No gun, just the long barrel that they'd sawed off)
* Crown: No one questioned why Sandham needed a bullet-proof vest. Mushey even got mad, said he would've brought his, too
* Crown: Then Kellestine started telling people what their roles would be. Monitoring, waiting, etc
* Pics go up of barn. There's mattresses, dusty ladders, chairs, shelves, freezer, a "Provincial Offences Court," Confederate flag, etc.
* Phone call, Paulie calls Chopper on April 7: Chopper tells Paulie that it's VERY important that he be at church at Wayne's.
* Boxer and Flanz phone call, where everyone is told to meet at Wayne's. (Remember, this is from wiretaps from different investigation)
* Crown: No Surrender Crew has arrived at the barn, unaware of what plan is in store for them
* A butt-stroke is when you hit someone with the butt (ie. handle) of a gun
* Crown: As I take you through this story, think about the deliberateness of it all. Think about the time it took, selection of weapons
* Crown: Think about the size of the undertaking, the planning, teamwork and strategy required. This isn't the work of one or two people
* Crown puts up next powerpoint slide: The Killings. People are laying in wait in the barn, Kellestine welcomes No Surrender Crew
* Chopper say he'll give Sandham a surprise, put a hole in him. Turns out Chopper was wrong about who would put a hole in who.
*Pop. Pop. Pop. Like popcorn. Then bang bang. Then more pop pop pop. Those pops came from a .22 semi-automatic, which Wayne was holding
*Crown: Kellestine took control, told everyone to get down, be quiet. (Show picture of Sandham's vantage point from loft).
* Chopper's lips are moving but no sound is coming out. Wayne starts going on about "where are the other fucking guns?" to the TO guys
* Crown: Wayne asks Taz: "Who the fuck shot first? Was it Chopper or was it you?" MH said Taz replied that it was Chopper who shot first
* Wayne starts patting people down, finds change, cellphones, knives, and puts them on the freezer. Gardiner, Aravena come into barn.
* Crown: Think about what was going on. (Picture of barn goes up). Wayne says "if Boxer moves, fucking shoot him." He's being confined.
* Crown: Boxer wasn't tied up. They had a better way to hold him where they wanted him to be. They had guns. Mushey held him at gunpoint
* Wayne says "You're done, by order of the USA. I'm here to the USA. There will be Nomads from the USA." There were no Nomads.
* Crash was complaining about being shot in the belly. Showed the guys a tiny hole, not a lot of blood. Paulie was complaining about leg
* Wayne tells Crash stop complaining, the reason he's hurt was because he'd almost run Wayne down on his way trying to run out of barn
* Crown: No one gave anyone medical assistance. Someone checked Chopper's pulse, said he was dead and Wayne said the Lord's prayer.
* What did the TO Bandidos see? Their property has been collected. Their means of escape (keys), their way to call (phones) taken away.
* Crown: Mr. Moon called this time in the barn an unseasy peace. Maybe it was quiet but it wasn't a peace. There were a lot of guns.
*Crown: Wayne Kellestine sings and dances a number of times. Wayne apologizes for butt-stroking Pony, gives him a ciggie and a blanket.
* Crown: Wayne abuses Flanz. He's sitting in middle, each time Wayne walks by him he slaps him in the head and calls him a fucking Jew.
*Crown: This evidence might help you (puts up picture of Nazi flag hanging in barn and swastika carved into Wayne's lawn in backyard).
* Crown: Two TO members have to wrap up Raposo in rug and carry him to car. They didn't want any of the farm team to put down their guns
* Crown: Wayne Kellestine knew it was very important to have a full complement of confiners at all times. Couldn't take any risks.
* Boxer stands up 3 or 4 times, tells Kellestine he wants to go first, "Do me like a man." Wayne says, "John, c'mon. We'll let you go."
* Boxer picks up cell phone It's Nina, his girlfriend. Nina calling to say she'd made a collage of the two of them with their baby
* Boxer asked about the baby, Nina said she was fine, Boxer said he loved her, would see her in a couple of hours. Never saw him again
* Crash went out next. Mushey and Wayne went out with him, came back without him. Crash had cried. Pony led out next with MH and Wayne
* Pony's half-in car, W shoots him in head, lifts up shirt & shoots him again in chest. Blackening on wound proves it was close range
* This is when Wayne complained about having to do "all the wet work." Wet work means killing. Paulie is let out next, with Taz & Wayne
* Paulie never came back. BamBam was taken out next. Earlier in the night, Wayne kicked him, slaps him, calls him a goof.
*Bammer comes up to MH, wants to shake his hand, MH refuses. Mushey does shake Bammer's hand and Bammer goes out with Wayne and Mushey
*All this time, Flanz and Mike Trotta are cleaning up blood in the barn, pushing brooms and wet blankets. Bammer doesn't come back
* Wayne tells Mikey to follow him. Mushey falls in behind. Rest of guys, all armed, guarded Flanz inside the barn. Mikey doesn't return
* Wayne brings in some crazy corrosive chemical that can't be inhaled, can only be used with gas mask.
* Mr. Flanz was indeed saved for last, just like Kellestine said he would. Wayne, Taz and Mushey, Mather, Aravena, MH go out with Flanz
* Crown: The executioners henchmen all go out with Wayne. There was no one left to confine.
* Crown puts up picture of backseat of car, with car seat, kids books, toy truck, Thomas the Tank Engine backpack filled with books
* That was the car Flanz was told to get into. Gun jams. Mushey shoots Flanz from between the passenger and driver front seat
* Crown: MH testimony: is it contrived or is it chillingly real. I submit to you that it's the latter. 23 shots were fired at those men
* Tony Bryant gets up: Your honour, my client has just passed me a note that he's not feeling well. (His client is Aravena).
* Crown was going to break in half an hour, but says no problem, we can take an early lunch. Back at 1:45 p.m.
* The jury is back in the #bdos trial. They're showing pictures of guns, rifles and shotguns. Aravena is apparently feeling better.
* The .22 Mossberg has the blood of Crash, Jessome, Sinopoli, Salerno, Flanz. Eight men were dead, but the mission wasn't over.
* Crown: After murders, there was a clean-up. Maybe not a very good one, but a clean up. It was the destruction of evidence at the farm
* Crown: Children clean up after crafts. These accused destroyed evidence in a synchronized and concerted effort. All of them.
*Crown: Walking the dead men to the vehicles and killing them there made the clean-up of the barn easier later on.
* Crown: Hatch was slammed so hard on the Infiniti FX35 that a part of the latch broke off and was later found by police.
*Crown: Acid jug, bleach were brought out to help clean up the barn. The acid jug was filled with Myriadic Acid (aka Hydrochloric Acid)
* Crown: As you can see, they did a pretty bad job of cleaning up the barn floor (puts up picture of red-stained floor of barn.
* Crown puts up picture of shelf, with rusty grenade, cassette tapes, Potty Mouth Jar on it. Some change from dead men were put into jar
* Crown: In the fire pit, police found burnt-up paper money, eyeglasses, cartridges, parts of boots, keys, parts of a sofa, etc.
* In fireplace, cops found pieces of a computer. Crown: Trotta's company laptop, cell phone never returned. No doubt what's going on
* Crown: Picture of big cache of guns found stuffed under microwave cabinet in Wayne's house (kitchen walls are pine, like a cabin)
* Crown: Head & Shoulders shampoo used to clean off gunshot residue on way home. Mushey and Sandham shaved to alter their appearance.
* Crown: The guys made up a cover story, to say they weren't at Wayne's when the killings took place. They talked about it on wiretaps
*Crown: Sandham knew knew about forensics, didn't want any trace found. Went to Chamois Car Wash (Look Good in a Clean Car)
*Crown: Just by chance, a Winnipeg gangs cop was there at that car wash and saw Sandham. Sandham had given a fake name to car wash.
* Crown: Sandham went to Selkirk Walmart to get rid of tires, was told his tires were good as new but he changed them and threw them out
* Crown: Why did he go to so much trouble to shampoo the car and throw out tires? Answer is simple: he was trying to destroy evidence
* Crown puts up slide: After the Fact Common Motive (or, how the Winnipeg guys furthered their ambitions in the Bandidos). Power, status
* Aravena got his colours and wore his patch with pride. Gardiner bumped up to probationary. Taz was president of new Winnipeg chapter
* Also, Wayne would work on London chapter, he was new National President, having disposed of the old president just hours before.
* So, Aravena, Gardiner and Mather earned their membership, Sandham, Mushey and MH got full patches, all got Winnipeg charter chapter
* Crown: Just because some of patches weren't new (like probationary one they gave Mather), it was the best they could do in short time
* Aravena was proud, he was bragging, he even got him mother to sew on the patch for him.
* Play tape of Aravena talking to woman about being "fuckin world wide" and saying "There's no way out for me unless I'm floating."
* May 26, Taz email to BMCJason in Australia: We are the only existing chapter right now. Basically, we are all Canada right now.
* Email to Prospect Bones from Sandham: It's awesome to see a new brother in the family. (Taz was granting probationary patches).
* Taz email to Bandido Pervert (el secretario): Carlito is not a member anymore. I will explain the reasons when I see you.
* Before killings, Taz signs emails as Prospect Taz. After killings he is signing Bandido Taz 1%er (ie. full patch, ie. promotion).
*Email to Bandido Pervert from Taz in May: From now on, Canada, will be run the TRUE BANDIDO WAY.
* Crown: Mushey and Aravena wore their colours with pride. The rewards of membership were worth the cost to the No Surrender Crew.
* Crown: The problem was that Taz was a former cop and Texas threw him out of the club. But Sandham would have none of it.
* Taz emails Texas: Bullshit! A Bandido fights for his patch. A Bandido doesn't let his patch hit the ground.True #bdos have each others backs
* Crown: Now you've heard the evidence, I have to tell you how it relates to the law. Good time for a break. Take 15.
* Crown: Raposo was never confined. His murder was planned and confined. Everyone else's murder was planned, deliberate and confined
* Crown: That's why everyone should be found guilty of 1st degree murder. Gardiner was only one who didn't confine anyone (was in house)
* Crown: Were they forcibly confined? There's only once conclusion. Each one, except Raposo, was confined
* Boxer never walked around. He knew he wasn't free. The No Surrender Crew were stripped of their weapons, car keys. They were confined!
* Crown: Was the No Surrender Crew staying at Wayne's just because they felt like staying in the barn? That's just not reasonable
*Crown: Many men had to get into cars with their dead friends beside them. Why would they do that? They wouldn't. They were confined
*Crown: There was a plan. The defence can say MH says there was no plan, but there was a plan. There was planning and deliberation.
*Crown: It doesn't matter who came up with the idea as long all the men aided and abetted the overall plan. Sometimes, plans are simple
* Crown: Defence says there was no signal. Indeed, what more signal do they need: a gun went off in middle of the night. That's a signal
* Crown: MH might have said there was no plan, but MH's view of the law does not matter and should not matter to anyone.
* Crown: MH said there was no plan to kill but there was a plan to "prepare for worst" & "kill one, kill them all." Shoot if they resist
* Crown: People are criminally accountable for their intentional behaviour whether they desire the outcome or not.
* Crown: Intention does not mean desire, desire does not mean intention. Don't confuse the two
* Crown: Regardless of what he desired, Aravena confined the men that night. He helped by holding the baseball bat and going along.
* Crown: That Aravena didn't want any killing doesn't matter. His actions actually helped the Winnipeg guys.
* Crown: MH is an important witness, but he's not the only evidence of a plan. Just like a brick doesn't make a wall, look at the whole.
* Crown: It's pretty clear there was a plan, just like Wayne told Cameron Acorn on the phone, and he was going to do something about it
* Crown: If this wasn't a plan, it was amazing luck. Nobody's that lucky. There had to be a plan.
* Crown: Why bring a bulletproof vest? Why use a false name in a hotel on the way to Ontario? It has planned ambush written all over it
* Crown: When hunting, they wanted to preserve ammo because they 'didn't have enough.' Enough for what?! Women and kids were sent away
*Crown: If this was a show of force and nothing more, then they wouldn't need working guns, a sawed-off shotgun, a bulletproof vest.
* Crown says jury must look at big picture: there was plan, there was confinement. No one needed to ask questions, they knew what to do
* Crown: Chopper, Crash and BamBam were all founding members of the Bandidos. Sandham, Mushey and the rest were newer to the Bandidos
* Crown: Violent resistance to a bunch of wannabes wanting to kick you out of the club you started was very possible and they knew it
* That's all folks. Over and out. Will keep you posted about tomorrow.
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Thank you Jane Sims for this lengthy tweet from the courtroom.....
* Friday, October 23 2009
* kate is off today. It should be a shorter day. I will tweet at the end of the day... So have another cup of coffee. Will update.
* Turned out to be a looooong day. I am writing the story for the paper and will work later to give you hungry birds some tweets.
* Better late than never... here's some of the highlight of a long day of Crown closing....
* Crown Kevin Gowdey begins promising the jury he is in the home stretch. He is going to later deal with each accused separately.
*But first, more about M.H. The defence says M.H. can't be believed but Gowdey said there is lots to show he is telling the truth.
* For the next 10 minutes, Gowdey goes through almost five dozen different areas where M.H. 's evidence is corroborated.
* M.H. understood the political structure of the Winnipeg Bandidos with Sandham as president and Mushey as sec. treas.
* M.H. knew about the the struggles between Toronto and Winnipeg and Kellestine supported Winnipeg. The phone records supported this.
* To get charter, Winnipeg needed Toronto's approval, M.H. said. Supported in club bylaws.
* After the killings, Winnipeg received full chapter status, M.H. said.
* Kellestine was not happy with Toronto and had not been invited to functions, M.H. said.
* M.H. said Sandham had been contact in with Texas. The emails back that up.
* M.H. said there was tension between Toronto and Winnipeg over dues. Emails between Raposo and Sandham confirm this.
* M.H. said there had been a meeting at the Peace Arch Park. That was confirmed in many ways, Gowdey said.
* M.H. said he knew a guy named Mongo was there. Cons. Pulfrey, biker expert confirmed there is someone called Mongo in the Bandidos.
* M.H. said Gardiner was prospecting. That's confirmed by the surveillance tape from Polo Park Mall and his coded phone book.
* M.H. said the trip to Ontario was unplanned. That's confirmed by Sandham and Aravena.
* M.H. said there were orders from the States, confirmed by Sandham phone records.
* M.H. said Aravena flew into London. That was confirmed by the surveillance video from the London airport.
* M.H. said they retrieved more ammunition once at the farm. Aravena testified they wouldn't use it on the hunting trip to save it.
* M.H. said Hawaiian Ken figured in the the plans. Pulfrey confirmed there is an American Bandido named Hawaiian Ken.
* M.H. said a CB radio was set up in the barn to communicate with the house. The police found the CB radio in the barn on the freezer.
* M.H. said a gun barrel was sawed-off. Police found the sawed-off barrel in the Kellestine shed.
* M.H. said an old gun was cleaned with a wire brush. Police found an old gun with marks indicating it was cleaned with a wire brush.
* M.H. said Sandham showed them a "butt-stroking" technique with a gun. It was confirmed he would have been taught it in basic training.
* M.H. said he was outside behind the barn and could see inside through a hole and could sit on a stump. All were there.
* M.H. described what all the guns looked like. Police found guns that matched his descriptions.
* M.H. said Chopper was shot in the chest and rolled in a carpet. True.about 4 hours ago from web
* M.H. said Jamie Flanz had to carry Raposo's body out of the barn. Raposo's blood was found on Flanz's foot.
* M.H. said Aravena had a baseball bat in the barn. Aravena confirmed that detail.
* M.H. said Crash was shot in the belly. That was confirmed at autopsy.
* M.H. said Salerno was shot in the leg. That was confirmed at sutopsy and Salerno's bloody footprint was found in the barn.
* M.H. said Boxer answered a phone call from his spouse Nina Lee. That was confirmed.
* M.H. said Michael Trotta had a welt on his face. That was confirmed in autopsy.
* M.H. said Boxer asked "Do me first." Aravena confirmed the comment in testimony.
* M.H. said Crash wept and cried. Aravena confirmed.
* M.H. said Pony was shot in the head and abdomen. That was confirmed in autopsy.
* M.H. said Kellestine went out with everyone carrying a .22 with a green strap. Confirmed several times.
* M.H. said he had the black shotgun. Pony's blood was found on the gun.
* M.H. said Kellestine called Flanz a "(expletive) Jew" Gowdey showed photos of a Nazi flag and a swastika cut out of the grass.
* M.H. said Gardiner moved boxes out of the trunk of the Grand Prix. Boxes found in backseat of car.
* M.H. said Flanz spoke about his kids before his death. Confirmed in body pack recordings.
* M.H. said cell phones taken. Burned cell phones found in the fire pit.
* M.H. said Raposo blood spilled in barn. Blood found by investigators.
* M.H.said Mushey went out with some deceased. Mushey confirm in body pack he shot three.
* M.H. said the men were marched out and shot in cars. Bodies found in cars.
* M.H. described the route taken to drop off bodies. Confirmed by independent witnesses who saw the convoy
* M.H. said Mushey tossed out the Grand Prix keys on 401. Keys found at side of 401.
* M.H. said they put gloves on and wiped down the guns. Confirmed by others.
* M.H. said there was money in a clip no one wanted because it was in a bloody. Burned money in a clip found in fire pit.
* M.H. said Kellestine took Crash's Harley Davidson hat. Hat found in the house with DNA from Mather and Kriarakis.
* M.H. said there was a knife taken. Knife found in the farm house.
* M.H. said Mather was living in Kellestine's basement. Mather's peronsal papers found in a duffle bag in the basement.
* M.H. said victims' change was put in Potty Mouth jar. Potty Mouth jar found.
* M.H. said the Winnipeg crew stop at Barrie Walmart. Confirmed by surveillance tape.
* M.H. described the place where they stopped for a shower and led police there.
* M.H. said Sandham and Mushey shaved off facial hair. Confirmed by officer who saw clean-shaven Sandham at car cleaning place.
* M.H. said he went out with Pony but never shot anyone.
* M.H. said evidence burned in firepit. Evidence of sofa springs and personal effects in fire pit.
* M.H. said Sandham travelled to Texas. Border guard confirms and the confirmation from Mushey "little buddy is away."
* "we can do that for a very long time," Gowdey said. "Confirmatory evidence is everywhere you look."
* M.H. gave a four-an-a-half hour videotaped statement admitting his involvement and did not sever ties with police for two months despite being told repeatedly there may be no deal and to expect to go to jail.
* M.H. admitted his involvement in eight murders yet defence says not credible because he was a drug dealer.
* "he is not minimizin his involvement here," Gowdey said. M.H. could have said he stayed in the house or didn't hold a gun.
* Said he had a loaded gun, wore gloves, went out with a victim, put him in the truck, kept guard.
* "He put himself right in the middle of everything," Gowdey said. M.H. also said he dealt a lot of drugs.
* M.H. could have said Gardiner held a gun or been positive Mather went out with Boxer. He didn't.
* He admitted he was involved — a contrast to Sandham and Aravena.
* If M.H. concocted the story, why did he wear a recording device. He also gave his DNA to police.
* He did everything he could to allow complete scrutiny by the police — Gowdey.
* M.H. was reliving the story while testifying and Gowdey said he was crying appeared genuine.
* He helped police collect evidence, not destroy it.
* "You may not like him because of his immunity agreement =. I'd be shocked if anyone in the room liked him."
* This case is not all about him but to the extent it is, he's credible, he's reliable." — Gowdey.
* Gowdey proceeded to go through the role of every accused.
* starting with Michael Sandham."he wanted to be a 1%er more than anything in the world."
* He had made sacrifices and the patch was in sight. But Toronto didn't support expansion and there were conflicts over dues.
* Then the unthinkable. The U.S. said Canada was finished.
* HIs 1%er status was in danger. He pursued the patch at all costs.
* there were things he confirmed in his testimony —the tension between TO and Winnipeg and how they couldnt be a chapter without TO approval.
* And he confirmed Kellestine was an ally. He knew of the order to shut down Canada and that meant to shut down Winnipeg.
* get meeting in White Rock BC going to meet American officers: American Dave, Hawaiian Ken, Brian D and Mongo.
* March 25/06 told to go to Ontario to kill Boxer and Bammer. He picked up his crew and bullet proof vest and went to farm.
* They discuss killing and he admitted there were guns out. He took 303 to the loft.
* He admitted killing Chopper and admitted to being in the barn for the killings.
* Admitted having a role with Flanz and assisting Mushey by closing the car window. "This is an admission he's guilty of murder," of JF
* "we say he went up in the loft to kill the Toronto members," Gowdey said. Boxer was not going to give up patch easily.
* Knew resistance was guaranteed. He knew they wouldn't give chapter charter.
* back to Sandham... "Did it seem he expected the trip to go smoothly?" Gowdey asked. He was preparing for the worst.
* Sandham met El Presidente Jeff Pike and Bandido Pervert in Houston... he lies to the police.
* Gowdey said Sandham's testimony put a spin on everything. He "threw out tales" about he he got caught up in the events.
* Spin #1 The Secret Agent Spin. Sandham said he wanted to be a secret police agent but noting in that regard.
* Despite having all kinds of information about the Bandidos he never told the police. He never discussed killing the No Surrender Crew.
* He was the witness to the murders of seven Bandido brothers, Gowdey said, but did nothing.
* He didn't offer any information to the police at the time of his arrest only screamed and ranted he wasn't at the farm.
* Said he wasn't even a Bandido at arrest three days after sending an email that he would never step aside. "Totally incredible."
* Gowdey called it "A feeble attempt to deflect evidence of motive."
* Spin #2 "Not a real motorcycle club" Sandham said they were not a real chapter and he wasn't a real president. But look at the emails.
* Spin #3 "Others told me what to say." Sandham said Kellestine and others told him what to say in emails.
* Spin #4 "I am a peacemaker." Said he went to Peace Arch Park to broker a peace
* Said he went to Peace Arch Park to broker a peaceful resolution. But no Toronto Bandidos were even invited.
* Sandham testified he saw discussions about killing, talked to American Bandidos on the phone.
* He heard discussion about shooting Boxer on the balcony and rejected plan to cut up the bodies.
* He testified he tried to talk to people, but he never called the police or warned the victims or abandoned his Bandido membership.
* Sandham was the one who called Brian D and Hawaiian Ken.
* He put on gloves and a bullet-proof vest, took part in ruse to lure TO Bandidos to the farm and hid in the loft armed.
* "you had opportunity to hear his words," Gowdey said. Compare them to his actions.
* The truth is he had a powerful ambition to be a 1%er. Tried first with the Outlaws. No concern about police career or family.
* He joins the Bandidos, then starts chapter in Winnipeg but under control of Toronto.
* He worked hard for a full chapter in Winnipeg - recruiting, establishing a support club, collecting dues, attending functions.
* But no charter. There's tensions. Kellestine recognizes his hard work. Becomes an ally.
* Still can't get his full patch. All hopes shattered in Dec. 2005 by the head officers in the US.
* Sandham and Kellestine bypass Toronto to deal directly with the States,. Sandham has Kellestine attend BC meeting.
* His emails back to Mushey are enthusiastic. The meeting happens. Order: Eliminate the mutinous Boxer and Bammer.
* There would be decisions after that was dealt with..... Then no action. Orders repeated to Sandham. Goes to Ontario.
* It would be a difficult task. Kill one kill them all. Prepare for the worst.
* Sandham provides gloves and puts on his vest. Choses 303 and single shot shotgun. The trap is set, communications are set up.
* The ex-mililtary man and ex-cop choses a place of cover for tactical advantage. The he waits for them.
* The No Surrender Crew show up, Chopper produces a gun and says he is going to put a hole in Taz. Resistance is predicted.
* Kellestine starts the shooting. The plan is activated. There is no reason for Sandham to rise to his feet and fire.
* He is willing and involved in killing of Chopper. Chambers a second round. Spent casing found in the loft.
* Makes no attempt to help Chopper. This is no accident, no self defence, Gowdey said. The rest are to die.
* sandham meets with Kellestine and Mushey outside. No Surrender Crew quick to realize they are doomed
* TO chapter president Salerno gives final order to his crew. 'We're not the boy scouts. Take it like a man.' They had no chance.
* The No Surrender Crew were eradicated. Sandham did not call the police. He destroyed evidence and covered his tracks.
* Destroyed evidence at the crime scene and had his truck shampooed the mornign after his return to Winnipeg.
* Got rid of the tires. Said he did it on purpose so police would fine them Gowdey said the story is "an insult to our intelligence."
* More pursuit of the patch after the shootings. Signed emails as a 1%er, anounced he was president, bumped Bones up.
* Announced in email Canada would be run the TRUE BANDIDO WAY. Traveled to Texas.
* Said he went to Texas to collect evidence to make sure the order came from Pike. No, Gowdey said. He's there for a chapter.
* Meets Mushey and M.H. after on June 12/06. first time they had spoke since Texas trip. Tells them "the big guy" gave them a chapter.
* Manitoba was in tact and Sandham had what he so desperately wanted since 2002 when he walked away from conventional lifestyle.
* He was president of the chapter. He had to kill for it but he did.
* He was arrested four days later. Thought he could talk his way out. Repeated he wasn't even at the farm.
* Before preliminary hearing, he thinks he can talk his way out. Dec/06 Says M.H. shot Chopper and Paulie with shot gun.
* Says his gun went off by accident. His explanation doesn't work.
* Trial starts. He thought he could talk his way out of it. Said he wanted to be a police agent, shooting accidental. Did nothing.
* He didn't go to the police to protect his family. Went to Texas to gather evidence. A ruse for Mushey and M.H.
* "It's a pack of lies, a collection of talks that defy common sense," Gowdey said.
* Gowdey moved on to Frank Mather. His lawyer said he was just a boarder at Kellestine's - wrong place, wrong time.
* Mather said the same thing in phone intercepts. Jury hears phone call form jail. "Everybody's at the wrong place at the wrong time.
* Gowdey said Mather was a guy they could be trust. "He was at the right place at the right time to advance his Bandido ambitions."
* Mather heard plans. Was part of a rejected plan to go to TO with Kellestine to church and announce TO done. Winnipeg wait outside.
* He was there when the guns came out. He helped wipe them down. He didn't leave. There for "worst case scenario" comment.
* He was there when his girlfriend was sent away. Still didn't leave. Kellestine used his cell phone to call Sinopoli and set trap.
* Mather knew Toronto was coming. He didn't know who but he still didn't leave.
* When TO arrives, he stays in the house with the police scanner. He obeys his orders. He doesn't leave.
* Mather went running to the barn when he heard the shots. He helped confine the Toronto chapter. He did what he needed to control them.
* "He was a good soldier doing what he was told," Gowdey said.
* He searched the cars and retrieved identification and car registrations. After Boxer led out he continues as "one of the henchmen."
* He found another gun in a duffle bag. Police later found sawed-off lever-action shotgun.
* He was there when Kellestine told Sinopoli he had to shoot him when he tried to run away.
* He was there for Boxer's comments He saw vilence inflicted on Salerno, Flanz and Trotta. Mather remained "a loyal soldier."
* He left the barn after Flanz, the last one, was led out, preventing anyone from leaving before they were led out and shot.
* Instrumental in getting rid of the bodies. Told Kellestine the Flanz SUV almost out of gas.
* Kellestine gave Mather and Gardiner a gas can. Told not to use all of is. Mather and Gardiner work at getting rear hatch shut.
* Mather used his foot to push Sinopoli's body in the hatch. He was an important member of the team.
* He wiped down guns after, helped clean the barn, at Kellestine's when police seen people looking around the cars.
* Even if he wasn't around much when the Winnipeg crew was there, "he was there that night and he was very much included in what happened."
* Mather was a willing participant and was rewarded that morning. He was made a probationary Bandido.
* "Love, loyalty and respect." He had a probationary patch and vest in bag for his respect and loyalty.
* "What about the love?" Gowdey asked. "Imagine you move into a house where the host executes 8 of the guests."
* And you're in jail on charges of eight counts of first degree murder. "Wouldn't you be furious?" Gowdey asked.
* Plays Mather phone call to friend from jail on May 1/06. "Tell Wayne I love him.... Tell him Happy Birthday too."
* Another call. "Nobody done (expletive) all anyway." Comment a week after the shootings.
* May 7/06 "They're not going to find nothing.".... Gowdey asks: "Is this how an unwilling victim reacts?"
* During a call to his dad, Mather asks he put money in Mushey and Aravena's canteen in jail.
* What could that bond be? Mushey told M.H. in Winnipeg "After this (eight fingers held up) we're all united."
* Mather was one of Wayne's boys and part of "a team in every sense of the word."
* He never tried to run. He was a guard, escorter and searcher. "He was an aider and abettor to the cause that night."
* He knowingly took part in the killings. "The team stood together that night.' Made a real contribution. A good soldier.
* Gowdey moved on to Marcelo Aravena, the mixed martial arts fighter who testified he had no idea there would be killing.
* Gowdey said that not true. He knew of plan if resistance from Toronto. Knew if one killed, all killed.
* he never shot anyone but put on gloves, showed he was a team player. Got guns ready by wiping them down.
* He was aiding the cause, not simply watching TV.
* He helped confine the deceased at gunpoint. "he set out to impress the farm team and it worked," Gowdey said.
* If he had been defiant, he would be dead. He was not defiant and embraced his new life fully.
* If this was so horrific, would he have run away or played along. "This man was proud."
* He participated in events that were unlawful or unreasonably dangerous. If he didn't know it's manslaughter.
* Aravena said he was scared. but the judge will tell the jury duress cannot be used as a defence.
* Aravena says Kellestine selected him to go out with Boxer. He a newbie to Kellestine. M.H. thought Mather or another Winnipeger.
* But assume Aravena was the first helper. He said he was threatened by Kellestine right after Boxer shot when they were alone outside.
* Crown suggests there was no threat. Then why say he went out with Boxer at all. He was attempting to advance duress defence.
* Aravena says threat is early in the night.Sandham and M.H. said Aravena was never threatened. Aravena needs circumstances for threat.
* No one else hear the threat. Crown says this an unsuccessful attempt to launch a defence of duress.
* And duress is not available anyway.
* Aravena could have run, but didn't. He could have overpowered Kellestine, but didn't. He didn't call the police.
* Aravena didn't run because he wanted to impress. The threat does not provide a defence.
* He claims he went to Kellestine's farm to be a Bandido. He did grunt work. He followed orders.
* He hear a message on Mushey's answering machine before left Winnipeg from Boxer who said Mushey membership in trouble.
* Said he didn't talk about it with Mushey. Crown says not true.
* Said he went on the Bandidos web site just to play games. said he didn't know TO Bandidos. Crown says not credible.
* Heard Kellestine talk of salvaging guys. Saw guns. Said Kellestine so concerned for his safety he take guns outside after dark.
* Says only Gardiner cleaned the shotgun shells, not him.
* Said they didn't use ammo in hunting trip. "They wanted to preserve the ammo, they said they didn't have enough."
* He said he knew Winnipeg was having trouble with Toronto but didn't know details. He knew it needed to be fixed.
* Saw women and children sent away. Saw additional guns come out. He said he was watching TV while others worked on the guns.
* Saw Mushey saw off the barrel. Put on gloves. Didn't know why. Asked Mushey. Trouble with TO. None of your concern.
* Aravena didn't leave . Knew about the CB Radio to barn. Still didn't leave.
* Supposed to say he was from the reserve. Said he was there to impress the bosses. "We say to impress the farm team."
* He helped change Manitoba license plates- didn't ask why. Told to watch for cars - said he really didn't do anything.
* Told to stay in the farm house and let cars in gate. He was there to meet the bosses from Ontario but never tries to speak to them.
* Never introduced himself. Never looked at them. Why if he was trying to impress.
* Instead he lay low "so not to tip them off to the impending ambush." said Gowdey.
* Arvena in barn to hear Boxer call from wife, was told to lie, saw guns and CB radio, knew TO a problem, knew ammo saved.
* Saw Mushey cut gun, heard Kellestine he wanted to salvage three, used cold barn for meeting instead of warm house.
* His evidence was he didn't know the violence was planned. "Unbelievable," Gowdey said.
* Said Kellestine didn't say prepare for the worst or kill one, kill them all. If he did, then clearly he knew.
* His evidence is close to M.H. He described the forcible confinement. but He said he thought they would be tied up and driven home.
* Actions speak louder than words. The were confined to be killed sid Gowdey.
* Aravena said he was curious when he heard the initial gun fire. Said he never saw a dead body before. Ran to barn with Mather.
* Aravena clear about which team he was on. Couldn't see body in barn. Had a baseball bat. Said it was for self defence.
* Nonsense, says Crown. It was also for intimidation of the No Surrender Crew.
* Aravena helped confine the guys . None were free to do anything without gunmen. Aravena confirmed nothing peaceful about the night.
* The confinement and the death march to the cars are all one act. There was never any threats to the farm team from anyone.
* No act of reassurance would calm the NO Surrender Crew. Flanz was treated worse than the others. There was no uneasy peace.
* Aravena knew of the meetings outside between Kellestine, Mushey and Sandham. He knew the cars were moved on the property.
* Aravena helped ditch the cars, burned his clothing, and left with others for Winnipeg. There he wore his biker colours with pride.
* Aravena played along with Kellestine about "Nomads on the roof." Crown said that is helpin.
* At the end of his testimony, Aravena said he was incapable of lying. "We say he is lying about lying," said the Crown.
* Crown said Aravena testimony had slip-ups. When askee about watching for cars and opening and closing the gate......
* Aravena gave an answer then asked his lawyer Tony Bryant "did I get that right?"
* Crown says Aravena not being totally open with the jury. Could remember some fine deatils but not who went out with which victim.
* Aravena said Kellestine went out with everyone, but then his recollection failed, only that another farm team member went out.
* "It's implausible he didn't recall," Gowdey said. Too convenient to just implicate Kellestine.
* Aravena made obvious efforts to protect Mushey. He wouldn't say Mushey had a gun. Took pains to say nice things about him.
* Good with his kids, let him live, good cook, trust with his life. Mushey was Aravena's mentor.
* Aravena said he made a pact with Mushey to look out for each other.
* Crown said Kellestine lawyer McMillan right. Aravena out to protect guys he liked. Not surprising, Mushey lawyer say he credible.
* Crown said it is implausible
* Aravena said scared he as going todie. Croen asks why would any farm team member die.... they had the guns.
* If Aravena was in mortal danger, why did he run to the barn or search the cars??
* Aravena said he didn't hear shots while in the barn. Crown said he was clearly in a position to hear them. Infer he heard the shots.
* Aravena saw the men led to the cars and said he believed they would be restrained and driven home. No rope or shackles found.
* He said Wayne had one set of shackles. What good were they to restrain eight men?
* Aravena said he walked out with Boxer. Kellestine was in front, then Boxe, then Aravena. Aravena claimed only to have a flashlight.
* IN the barn, even though Chopper was dead on the floor, Aravena said he thought no one else would die that night.
* Even afer he said he saw Kellestine shoot Boxer in the head, Aravena said he still thought everyone would be okay.
* He saw Pony in the truck, Boxer in the VW Golf. Still thought Crash would be taken to the hospital. Not plausible.
* Said he thought he was going to be shot. Defied Kellestine and walked away. Then later helped dispose of the bodies and clean up.
* He was promoted to probationary Bandido. He was excited. Crown says he wouldn't be promoted if there was outright defiance.
* Crown said Aravena is not attempting to be truthful. He took advice of cousin: do what you have to to get out of court.
* Aravena's lawyer argued he has a defence in Flanz death because he had "abandoned the cause." BUt he went back out before Flanz shot.
* Told by Kellestine to clean up the barn, he cound a tooth,l then helped drive bodies away, burn clothing, got a promotion.
* His only regret was he didn't get a nicer vest. "you get what you pay for," he said.
* Aravena was a soldier that night, Crown said. He knew of the plan and played a role in it*
* Next up Brett Gardiner. At first defence focused on HAs, drug trafficking and a mysterious figur on Stafford Line. What is the defence?
* Gardiner told girlfriend in phone call in May, 2006 the only people at the farm were who was arrested.
* He told girlfriend's mother Heather McDowell "We were drunk for two days watching pay-per-view."
* Gardiner said it was a big frame. Unsupported by the evidence*
* The defence closing was Gardiner knew nothing, hid nothing, say nothing, did nothing. Said he was only polishing weapons.
* Crown asks jury to apply common sense.
* Gardiner had strong Bandidos Ambitions. He left Saskatchewan and other BAndidos to move in with Mushey in Winnipeg.
* Mushey was his sponsor. He was seen at Polo Park Mall walking behind Mushey. He was told to fold Mushey's vest and put in car.
* He was told to write down a police officer's badge number when they were pulled over.
* On March 25/06 he was an eager prospect. He packed his bag to pull patches of nat. president, secretary treasurer and NSC president.
* It would be an enormous task but he asked no questions. He willingly booked a hotel room with a false address.
* He is seen on video at Kellestine's farm laughing with the others in teh days leading up to the shootings.
* He heard "be prepared for the worst" and "kill one, kill them all" . He sent love poem email signed Prospect Bandido Bull Manitoba.
* He helped prepare guns and ammunition. He was given the distinct role to listen for the police on the scanner from house.
* Told to lie and say he was from the reserve. Asked no questions. Even though he didn't pick up gun his role is important.
* He left post to go to the barn and would have passed Boxer being escorted by gunpoint.
* Once inside barn he heard the shots and thought Kellestine needed help. He was ordered by Mushey back to the house. Important job.
* In the house he was near where the shootings took place. There was no significant background noise.
* Gardiner did not leave and didn't use the phone. "The most powerful weapon available that night to save lives wasn't used.
* Took items out of Grand Prix trunk and in back seat. HIs foot print found incar. Original plan may have been to put Flanz there.
* Actively a part of destroying evidence. Helped ispose bodies. Willing to stay behind with Kellestine after others left for Winnipeg.
* Gardiner said in phone call Mushey told him there was a full patch waiting for him.
* Told Heather McDowell to tell Mushey's sister that "(M.H.) (expletive) up."
* He didn't say M.H. part of frame up or that he wasn't at the farm, or M.H. lying.
* He saying M.H. breaking the biker code and telling the truth, Crown said. And he was using a recording device And he would testify.
* Dwight Mushey next. His goal was to be a full patch member. Got full patch after the events at the farm.
* Mushey was second in command in WInnipeg. He'd been to Toronto. He was frustrated by Sandham's lack of progress.
* Keen to be a Bandido. He was buying a Harley-Davidson. "The man makes the patch, not the patch make the man." .
* Oversaw the puppet club Los Monteneros. Came up with new patch design. Actively recruiting people. Knew about Peace Arch meeting.
* Wanted a charter.. "Mr. Mushey was one eager Bandido." Crown said. * Significant depth of understanding from the start. "The enormity of what weas being suggested was not lost on Dwight Mushey,." :Crown
* Mushey asked Sandham if they needed guns before leaving for Ontario. Knew Carlito and Stone in Winnipeg.
* Part of inside circle. Part of discussions outside the barn. Went out with four deceased. M.H. saw him kill Flanz.
* Told Kellestine the Winnpeg crew was "with him." Mushey is a central character.
* Had some legal insight. Mushey kew act of guarding the same as committing murder in comments made later to M.H.
* Mushey should be convicted of all counts, Crown said. Shot three, helped guard in the barn.
*Aravean flatly refused to implicate Mushey, but let things slip. Saw Mushey saw off shotgun. Heard him want H&S for gunshot residue.
* Odd thing to be concerned about if you haven't shot anyone, Crown said.
* Sandham wanted to implicate Mushey. Said Mushey had "goosebumps" when talking about the plan.
* Sandham wouldn't implicate himself but when it doesn't concern him, it should be examined, Gowdey said.
* Mushey's defence is abandonment, that he abandoned the plan. Crown said that is "far-fetched."
* Gowdey told jury to listen to the body pack intercepts made by M.H. of conversations with Mushey.
* Mushey defence lawyer said Mushey defied Kellestine order by not shooting Boxer if he moved and by shaking Salerno's hand.
* Crown said reject that. Mushey walked out with Salerno after shaking hands and Salerno shot with two different guns.
* "It sure didn't look like he quit anything," said the Crown. Mushey also helped with Flanz, dumped bodies, destroy evidence.
* When it came to dumping bodies it appears he had "jumped back on teh bandwagon." He never put down his gun or try to leave.
* Crown questioned defence forensic theory of Flanz death.
* Mushey's sawed off shotgun was never found, but a barrel was found in the garage
* Despite several versions, it's clear Mushey shot Flanz: Crown.
* Encourages the jury to listen to the body packs. and the hand signals.
* Points out three passages in particular. M.H. had misled Mushey into believing Sandham was taking claim for three deaths.
* Mushey thought Sandham was bragging and "came to my number." Crown said he is admitting to killing three men.
* Talking about Kellestine and "You have to have a lot of respect for this guy. Called him "Dub". Crown asks why respect Dub.
* Gave grisly details about how people acted outside the barn.
* Crown reminds jury M.H. made notes right after the conversations for the police and used the notes in court.
* If he wrote a lie in the notes, his immunity would be lost. HIs notes support his evidence.
* Dr. Rose said Raposo not killed by shotgun blast. Backed up by gun expert Arendse.Admitted to by Sandham.
* Moon tried to say M.H. killed Jessome. M.H. denied it. Forensics show Jessome died from Kellestine .22. His blood on barrel.
* Moon said M.H. sang "the company line" for the Crown. But M.H. gave 4 1/2 hour statement to police on April 16/06.
* He didn't know what police knew. Told them what he knew. NO company line possible.
* Whatever M.H. said led to the search for evidence. Loader, experienced agent handler, was with M.H.
* M.H. was largely unshaken on cross-examination after full out attack on him by the defence.
* Convincing jury M.H. is a liar is Mushey's only chance. "Don't like (M.H.), don't feel sorry for him, but believe him," Crown says.
* Now for Kellestine. Crown said if the others were soldiers, he was the general.
* He wasn't surprised when the Winnipeg boys showed up on the doorstep, he invited them in.
* He was one of the prime movers of the plan and had many attributes of a general
* He gave out orders, knew the politics, knew there would be resistance, understood tactical advantage of ambush.
* He understood the advantage of fighting a battle on familiar ground. He knew to establish communications with headquarters.
* He had well-equipped soldiers and they all shared a common motive. He was not under the thumb of Winnipeg. Wants results, not excuses.
* He did everything he could to get Toronto to the farm. Crown says to look at his knowledge in the context of what he did.
* Crown highlighted some points. And Aravena could be seen snoozing in the prisoner's box..
* Kellestine knew Winnpeg wanted a chapter.He had been alienated by the club. He knew the US had ordered the patches be pulled.
* He knew Boxer wouldn't easily give up his patch. Kill one, kill them all, he said. If only one killed, all would seek revenge.
* "No accused did more than Wayne Kellestine," the Crown said. The planning, shooting, clean up and cover up.
* He welcomed the WInnipeg Bandidos. He could have said no. He could have said he didn't have any guns.
* Scanner, CB Radio padlock on gate, guns - he had them. He retrieved additional ammunition.
* He got the victims to the farm by lying. Combined his knowledge with action.
* Put guns in firing condition with Sandham. Only working guns came into play
* Guns were loaded for 'worst case', loaded and ready to kill.
*Kellestine passed out the assignments and all accepted. He greeted the No Surrender Crew like brothers. Winnipeg waiting with guns.
* Kellesitne shot first. It began the systematic and synchronized killing.
* Insight into Kellestine world. IN an email he wrote This is a motorcycle club not Fucken Girl Guides."
* On a cover sheet over a newspaper article about the shootings found in his house were these words.
* " Who LIves WIthout Discipline Dies Without Honour" Kellestine believed the TO chapter lived without discipline.
* In the 1%er world they died without honour.
* Driving force behind the clean up. It was unsucessful Left abrown acid marks on floor. Not enough gas in the INfiniti.
* Goes with a cover story he was partying for days. Tells friends and the media same thing.
* Told Chopper's girlfriend. "I got fucked up and I fucked up."
* Told his wife on the phone it is a frame job and he loved the dead men "with all my heart and soul."
* He tried to put in the save for Mather saying he was in wrong place, wrong time, even though Mather was living there.
* He told his wife from jail "I fucked up bad didn't I? I got us all in trouble, didn't I?"
* Crown said he is gulty of all counts.
* Gowdey said the pursuit of the patch for all of them was a blinding ambition. The patch was more than a piece of embroidered cloth.
* They wanted a symbol that they were different. They wanted to build numbers and strength.
* They followed the patch with religious dedication, Crown said.
* Gowdey held up a full set of Bandido colours.
* Before April 8, 2006, the No Surrender Crew stood in their way. They wanted to keep their patches.
* There is an extremely large volume of evidence, the Crown said.
* "On a cold night in April 2006, these men (points to the photos) were executed by these men (points to the prisoner's box)."
* "all so they could get this on their back." Gowdey held up the patch.
* "There was a plan
* "There was a plan," he said. Shooters, guards, helpers, look-outs. The men were led out one by one and shot dead. First degree murder.
* Gowdey was finished. Justice Heeney says his charge will start Monday and last at least two days.
----------------
Wednesday 28 2009
* The jury is sequestered and all there's left to do is wait for their verdicts.
* Now that the #bdos jury is sequestered, we can report some never-before released information the jury didn't hear. Story will be up shortly.
* There was a lot going on behind-the-scenes without the jury present. Threatening hand gestures, lawyers being fired, beatings in jail
* Aravena sat with other accused but was later moved to own compartment. Was put into protective custody after beating in his jail range
* In January, Wayne Kellestine was beaten up in the showers, and was also put into protective custody.
* At one point Kellestine complained to his lawyer that Mushey held up paper against prisoners box partition. It said: You're a dead man
* Kellestine said Mushey ate the piece of paper before anyone could catch him holding up the threatening note.
* Mushey at one point made a hand gesture that looked like someone (or something) talking and said "rat rat rat rat" to Kellestine
* During MH's testimony, the jury was sent out because Aravena was seen making a shooting gun gesture with his hand from prisoners box.
* The judge told Aravena to stop making the gesture or he'd be ejected from the courtroom.
* The day after Mushey & Gardiner's lawyers gave their closing arguments, the two fired their lawyers without the jury knowing about it
* Both sited "personal reasons" although speculation around courtroom was it was because they were trying to save face with other bikers
* Both lawyers Hicks & Moon really went after Kellestine in their closing addresses, calling him a psychotic monster
* That's it for the #bdos tweets for now
* tidbit the jury didn't hear/know about: Gardiner read several books a week, supplied by his lawyers.
* And at one point during the trial, a woman was expelled from the courtroom for trying to pass Gardiner a romance novel.
---------------------------------------
Thursday, Oct 29, 2009
* Newsroom plan action for Bandidos verdict in effect. Officially starting hour two of first 12-hour day.
* We will be tweeting the verdicts, live-streaming them online, and of course giving you in-depth coverage in the next day's paper.
* For those wondering about #bdos deliberations: Jury sits from 9 til 9, incl. weekends, until they reach verdict. Breaks for lunch & dinner.
* RUSHING TO COURTHOUSE. JUST GOT WORD THAT BANDIDOS JURY IS BACK
* Waiting outside the courtroom. Been told it'll be another 20 minutes before they even start moving people into the courtroom.
* Courtroom all abuzz. Courthouse staff all here waiting for doors to open. Apparently tons of media outside courthouse.
* Minor panic outside of overflow courtroom. Rumour that tv and sound weren't working. Rumour has since been disspelled.
* Here we go. The jury is being brought in. Overflow courtroom packed with court staff, reporters, cops.
* Jurors taking roll call. #bdos All the jurors are present.
* Sandham guilty of first degree murder on Counts 1, 2, 3, 4, 5, 6, 7, 8
* The court clerk now re-reading the eight first-degree guilty verdicts for Sandham.
* Frank Mather: Guilty of manslaughter for count 1.
* Mather guilty of first degree murder on count 2, 3, 4, 5, 6, 7, 8.
* Marcelo Aravena: Count 1: guilty of manslaughter.
* Aravena: Guilty of first degree murder on Counts 2, 3, 4, 5, 6, 7, 8
* After each accused's verdicts are delivered, the clerk asks jury "So say you all?" and they all say in unison "Yes"
* Brett Gardiner: Count 1, manslaughter.
* Gardiner: Count 2 manslaughter. Counts 3, 4, 5, 6, ,7, 8
* Dwight Mushey: Count 1 first degree murder.
* Mushey: Guilty of first degree murder on counts 2, 3, 4, 5, 6, 7, 8
* Gardiner got two manslaughters and six first-degree murder guilty verdicts
* Wayne Kellestine: Count 1 first degree murder. Count 2, guilty of first degree murder.
* Kellestine also guilty of first degree on Counts 3, 4, 5, 6, 7, 8
* So, Kellestine, Sandham and Mushey were guilty of eight counts of first degree murder.
* Mather and Aravena are guilty of one count each of manslaughter and seven counts each of first degree murder.
* Brett Gardiner was found guilty of two counts of manslaughters and six counts of first-degree murder
* KateatLFPress Just talked to Kellestine's lawyer. Said his client's not a monster but just "a farmer from Shedden
* The media is all convened on the courthouse steps, ready to pounce on the next lawyer that comes out.
* Apparently Aravena told his lawyer to fuck off after the verdicts were read and then gave the two-finger salute to the jury.
* Clay Powell, Kellestine's lawyer, also said it was a tough trial and that Wayne didnt point any fingers at the other guys.
* Powell: The guys that did point fingers, that'll cause them some problems in prison, I bet.
* Wayne's lawyer also said the guys who pointed fingers at others are now looked at as "rats."
* Kellestine's lawyer said his client was picked on by all the lawyers, so he was up against a lot. Wasn't surprised at verdict.
* Police van went by with bars on windows. The media went nuts, running out and trying to get a shot of bdos in back (unconfirmed if them).
* Every time door to the courthouse opens, media get ready in case it's a lawyer. So far, nobody except Clay Powell
* Clay Powell had his ciggie and is back in the main courtroom. The three shooters (Wayne, Mushey and Sandham) get automatic 25 to life
* Mather, Aravena and Gardiner will get sentenced and their victim's families will read their victim impact statements
* Looks like 2 p.m. tomorrow will be the time for sentencing. Mushey wants to be sentenced today.
---------------------------
Friday, October 30 2009
* In the overflow room. Getting filled up so had to run and get a spot early. There are at least 20 family members in main courtroom.
* Crown starts by telling judge who has criminal records. Sandham, Aravena: no records. Mather, Gardner, Mushey, Kellestine have records
* In fact, Crown says, Kellestine's last charge, in July 2002, came with a lifetime ban on firearms.* Crown is also asking for a lifetime ban on firearms for all six if they ever get out. Crown doesn't care which prisons the men go to.
* There are 25 victim impact statements. Only five will be read out, the rest have been filed with the court, crown says. * First up is daughter of John (Boxer) Muscedere, Theresa Muscedere.
* For 21 years of my life, my father was part of every event in my life. My grandparents were so torn when my dad passed away. * (Crying). My granddad went to visit my dad's grave for first time a year after killings. The next day, he died. He died of a broken heart.
* At the age of 22, I then had to take on responsibility for my grandmother. She'd already cried for 365 days.* I worked with my nona. On April 22, 2007. Helping her with stuff when I got a call that my daughter was in an accident.
* At the age of 22, I was a single mother who'd just lost a father, grandfather. My daughter was in a coma for three months. (crying)
* Daughter was re-taught everything. So many times I felt like breaking down. I woke up and smiled at the things made my dad smiled* These men didn't just take eight men. They took my soul. The though that my daughter would pass one of his killers on the street. . .
* My daughter will never know the tickle of my father's mustache or how she'd jump on his Harley as if it were her own. * She will remember his picture, but not his touch. I have suffered and I believe it's their turn to suffer
* Boxer loved his mother, his sons, his daughters, one aged 4. He loved God. No one deserves to go through what we've gone through.* Boxer's daughter, weeping, thanks the court for listening and finishes her statement. Next up is George (Crash) Kriarakis' mom
* Thanks you for allowing me to express myself on this crime on my life and on my family.* I have sat here in pain and sorrow as I relive my son's death in the presence of his killers.
* Day my gift was born, I saw the world in his eyes and I knew that his future was limited. When he died, my job was replaced by sorrow.
* The day he died, three more graves were dug - mine, my husbands and my other sons. How can I even express my sorrow (voice breaking)
* George would help anyone he knew in any way he could. He was a son that any mother would have been proud to have.
* Given the chance, he would have been an asset to society. He was raised in a solid Christian home. His life ended in prayer.
* His life was stolen by these men here (sobbing, voice breaking). These people had no respect for my son.
* Each of 7 bullets in my sons body represented 7 murderers who took his life, from one who listen to scanner to one who pulled trigger * I can't imagine that in this country, my son had to wait in line waiting to be executed. I watch murderers wearing their Sunday best
* Clothes do not make the man. Now, I stand alone and cry. How can a mother live this way. No matter what I do, my thoughts are with him * I wake up every night and I see the terror in his eyes. I touch my heart, stomach, arm and I feel his wounds.
* I cannot ask you how many times I asked God why it is not me in the grave, with George visiting me. I take no joy from life anymore* Only reason why I go on is because of my other son. Our house used to be full of fun and life. Now, no more.
* We went from the highest highs of happiness to the lowest depths of despair. We do not sleep. Our health has declined.* We're afraid to be alone because we are afraid what we might do to end the sorrow. My life cannot just go on
* You must believe me. I feel like the living dead. I miss George more than words can say. I want his killers to be held accountable* I ask that you deal with this so that George Kriarakis, so he can rest in peace and so I can die knowing that justice was served.
* Very emotional. Next up is brother of George Jessome.* As he got older, he got in trouble with the law. He left his family and his ma and pa.
* He worked hard, played hard and showed it on his face. But don't forget, he and seven others were part of the human race
* What is the true meaning of a brother, I wonder as I write. I think a brother will protect you for life
* I sit and think about your families, too. The pain, the sorrow and the shame that you put them through.
* I have travelled many miles to appear here today. I'm not here to judge you. I remember being taught as boy the prayers from the bible
* Next up is Frank (BamBam) Salerno's mother
* I appear here on behalf of myself and my family. He was brutally murdered. I do this to honour him, he had a family that loved him* It's not natural for a parent to bury a child. It's the crime against nature. It's a crime against the future.
* There are no words that easily come when you lose a loved one. Life as we knew it had suddenly stopped* Frank was intelligent, a devoted husband and father, caring uncle, respectful grandson. He should be alive today to play with his son
* Frank had his problems, but he was overcoming them. Am I proud that he was part of this organization? No. But he was overcoming it * Your honour, what do you think it's like to see Frank's best friend's body on the front page of a national newspaper in trunk of a car
* On April 9, I got off the plane in Switzerland and my daughter called me. She told me she thought Frank was killed along with others.* People have said that the world was a better place with eight less bikers. This saddens me. Frank was my son. MY SON.
* Where was the love, loyalty and respect when our loved ones were ambushed and murdered by their so called brothers. * They shattered our family members. They mocked as our loved ones prayed, made fun of the religion of another. They burned belongings
* None of these killers should ever be released into society. I weep for myself and for my grandson who will never meet his father.* Wayne Kellestine is a thug of the first order. No one was an innocent bystander that night. He's a malicious murderer.
* For the sake of my children, my parents, I smile. But there's a sorrow embedded into my being. I carry death with me.
* I will never be the same person I was before my son was killed. Sometimes, the sorrow is just to overwhelming.* What constantly tortures me is thinking of the betrayal he must have felt knowing his friends were being killed one by one.
* He must have known the pain it would cause to his wife and his family. It has been three years since the assassination of my son.* When I go to my son's crypt, I'm seized by the vilest of human emotions. Rage. The need for revenge.
* I thank the jury and I thank the Crown, and I thank MH, who stepped forward at great risk to himself and his family. I'll pray for him* Frank is the last thing on my mind when I close my eyes and the first thing on my mind when I wake up in the morning.
* I pray that Frank and his friends can rest in peace knowing that justice will truly be served in this case.* Sister of Michael Trotta is up next.
* Michael was friendly, outgoing, didn't judge, was a free spirit. He was 31, had 3-year-old, had a career, a home, a fiance, family
* In weeks before death, he played with his son, took niece out for food, bought furniture for a new home
* Day before he died, my brother took pictures with his son. Those pictures we later gave to the police so they could identify him
* Shock and saddness at the initial death. We became prisoners in our own home because of the media
* Due to the injuries on his body, we couldn't have a proper funeral. The day after his death, he was supposed to go out with son
* He'll never marry his fiance, he'll never walk his son to school, he'll never go to his nieces' weddings* In the months after his death, we grieved his loss privately. My father's health deteriorated he was diagnosed with cancer and he died
* We are now less trusting. We have haunting images and thoughts about how my brother died, confined on a remote farm* What did he think as he was confined at gunpoint, on a cold remote farm, in the middle of nowhere.
* The public nature of trials revictimized us. This statment is a further opening up of our private thoughts.* I ask that you consider that the accused didn't spare the families the pain of a lengthy trial. We repeatedly heard "I wasn't there."
* We heard I wasn't there, it wasn't my fault. They will get contact with their families, they can get three meals a day, go to school* Our families will not take another breath, feel the sun on their faces, get comfort from loved ones.
* For society I ask for justice. For jurors I ask for justice. For our families I ask for justice. For my brother, I ask for justice* The judge will now look at the other victim impact statements that were written but won't be read out. 15 minute recess.
* Just waiting for the judge to come back. Those were very emotional victim impact statements (as they usually are).* Brother of Jessome: I knew he'd die young. The events of April 8 have brought out my dark side.
* My brother George was becoming more humane as he got old. But he's always 52 and a Bandido forever.
* My memories of my brother aren't always pleasant ones and he will never be able to redeem his soul.
* (Sorry: This four-paragraph statement was read out to the court because it had just arrived. It was from Jessome's brother)
* Mr. Sandham, is there anything you'd like to say before you are sentenced? Sandham stands: No, your honour.
* Mather wants to be in imprisoned in New Brunswick. He also doesn't have anything to say.
* Mr. Aravena, is there anything you'd like to say? Aravena stands: I truly am sorry for what I've put you all through* Aravena (to families): When I first realized what had happened, I thought, What would my nephew think of me? (voice breaks)
* Aravena: My cousin died the same way. I apologize truly for what I've unpurposely put you through * Gardiner says he apologizes. Mushey, Kellestine have nothing to say.
* Judge says there's nothing more for him to say. All will get weapons bans, some for 10 years after release, some for life.* The manslaughters are given 10 years, to run concurrently with their 25-to-life for first-degree murder
* Judge: After having been together for almost an entire year, some parting words are called for.* Judge: Thank you to the attorneys' for a battle well thought. You constantly threw new legal challenges at me
* Judge: Thanks all the court staff, the court reporters, his team.* Judge: If anyone wishes to debrief, I'll be in my office.
* Court Registrar: All rise. This court stands adjourned. God save the Queen* And once again the media waiting game continues outside the courtroom.
* Rumour is that Boxer's daughter (who spoke earlier) will make another statement
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