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.
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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
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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
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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
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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.
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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.
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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.
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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
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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
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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
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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.
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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.
---------------------------------------
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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