The outrageous and outspoken ringleader of an outlaw biker massacre is seeking a new trial because his own perhaps outrageous words were used against him. The charges in this case were shocking and the subject of widespread publicity. Given the charges, notoriety and the attacks on his character during the trial, it was key that Kellestine, shown at left, get a complete defence that ensured the judge properly charged the jury before deliberations, the factum states.
As for the notoriety, Kellestine himself worked hard to cultivate it by running different motorcycle gangs, parading his anti-gay, pro-Nazi sentiments in public, and creating a well-known biker hangout complete with giant logo on a barn, and engaging in violent crime.
For the past five years, Kellestine has been out of the public eye while serving life sentences for killing eight fellow Bandidos motorcycle gang members April 7, , in an internal power struggle.
Four of the other six men convicted are also appealing. Sources tell The Free Press Kellestine has pushed to get out of segregation and has complained as well about the prison-issue clothing he has to wear when on appointments outside prison.
Dineen declined to comment on the appeal. Mark Sandham dropped his appeal. Main Menu Search torontosun. This advertisement has not loaded yet, but your article continues below.
It was likely the rival Hells Angels had done them in, Kellestine offered. Dwight Mushey's appeal will be finished Wednesday morning. We apologize, but this video has failed to load. Try refreshing your browser, or tap here to see other videos from our team. Latest National Stories. Your Midday Sun From our newsroom to your inbox at noon, the latest headlines, stories, opinion and photos from the Toronto Sun. Only Michael Sandham, one of three who were found guilty of eight counts of first-degree murder, has abandoned his appeal.
The other two who were similarly convicted — Wayne Kellestine and Dwight Mushey — are appealing, as are Frank Mather and Marcelo Aravena, both convicted of one count of manslaughter and seven of first-degree murder, and Brett Gardiner, who was convicted of two counts of manslaughter and six of first-degree murder.
They elicited extensive evidence portraying [him] as frightening and deranged. You see? Some of the convicted men say they were scared of Kellestine, and Kellestine says he got robbed of a fair trial because they said he was scary. The five convicted men are seeking a variety of remedies. Some want a new trial. Some want verdicts of murder replaced with verdicts of manslaughter.
Now, their lawyers over the course of the week will make various arguments and incredibly important points, but the layman, looking on from afar, might need to know only that their clients were all there when eight bikers were ruthlessly slaughtered. Collectively, the lawyers say the trial judge, Thomas Heeney, got just about nothing right. The murders happened over the course of many hours starting late on the night of April 7, Kellestine also says he "received little assistance from his counsel" on some issues and the judge erred on an important point in law regarding the killer's own statements to police, his lawyer argues.
There's more than a bit of irony in those arguments for those who knew or followed Kellestine's career over the years. Kellestine didn't shy away from talking to police in the past when it helped him, criminal and police sources said over the years.
As for the notoriety, Kellestine worked hard to cultivate it by running different motorcycle gangs, parading his anti-gay, pro-Nazi sentiments in public, and creating a well-known biker hangout complete with giant logo on a barn, and engaging in violent crime.
For the past five years, Kellestine has been out of the public eye while serving life sentences for killing eight fellow Bandidos motorcycle gang members April 7, , in an internal power struggle. Four of the other six men convicted are also appealing. Sources tell QMI Agency Kellestine has pushed to get out of segregation and has complained as well about the prison-issue clothing he has to wear when on appointments outside prison. It's no surprise that Kellestine, being Kellestine, has launched an appeal that outside the justice system might seem like a lost cause.
It's not an extensive appeal: his lawyer, Michael Dineen, has asked for only 45 minutes to make his case orally before the court of appeal.
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