Winnipeg Free Press (Newspaper) - February 05, 2014, Winnipeg, Manitoba
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A GROUP of biker gang members and affiliates
who are serving life sentences for the
slaughter of eight fellow Bandidos is moving
forward with appeals of their dozens of murder
convictions.
The internal cleansing of the Bandidos biker
gang saw the bullet- ridden bodies of eight men
stuffed into cars and abandoned in rural southwestern
Ontario in April 2006. It's believed to be
Ontario's largest mass slaying.
Six men were convicted, including the purported
mastermind, Wayne Kellestine, of 44 counts
of first- degree murder and four counts of manslaughter
between them. They all filed notices of
appeal shortly after their convictions in 2009, but
Appeal Court documents show five are only now
proceeding, with four having secured lawyers
who have filed written arguments.
Three of the men found guilty were Winnipeggers:
Michael Sandham, Dwight Mushey and Brett
Gardiner.
The only man convicted in the eight killings
who appears to not be pursuing his appeal is Sandham,
who used to be a police officer with the nowdefunct
East St. Paul force just north of Winnipeg,
and who shot the first of the eight men.
In Kellestine's argument he takes exception to
being branded a " psychopath" at trial and to other
" massively prejudicial bad character evidence,"
including Nazi symbols found on his farm where
the murders took place.
" The difficulty in trying him fairly was greatly
compounded by the all- out attack on his character
mounted by many of his co- accused," Kellestine's
lawyer writes. " They elicited extensive evidence
portraying the appellant as frightening and deranged."
Despite raising the character issue, Kellestine's
main argument on appeal appears to centre on
what the judge told the jury about how they could
use his statements to police.
The other men - Marcelo Aravena, Gardiner,
Frank Mather and Mushey - were portrayed at
trial as power- hungry schemers or wannabes gunning
for status in the outlaw motorcycle club.
Several are arguing on appeal they should have
been allowed to use the defence of duress.
" Kellestine had created an atmosphere of coercive
oppression that encompassed an implied
threat to kill Aravena if he did not do what Kellestine
required," Aravena's lawyer writes.
The Crown argued at trial the murders were the
result of rising tensions between the dead men and
the probationary Bandidos chapter in Winnipeg.
Kellestine, a member of the Toronto chapter,
had become increasingly alienated from his Toronto
brothers and allied with the Winnipeg men.
Court heard he had received orders from U. S.
Bandidos officials to strip the Toronto men of
their gang affiliation and start a new Canadian
chapter, but at some point in the days or hours
leading up to the killings the plan changed to
mass murder.
Killed that fateful night were George Jessome,
52, George Kriarakis, 28, John Muscedere, 48,
Luis Raposo, 41, Frank Salerno, 43, Paul Sinopoli,
30, Jamie Flanz, 37, and Michael Trotta, 31.
The Crown's version of events was largely based
on the testimony of a man who is now an informant
but was a member of the Winnipeg Bandidos. He
is the only one who was at Kellestine's farmhouse
on the night of the killings who is not dead or in
prison.
- The Canadian Press
THE 58 teachers on Sandy Bay First
Nation get edgy every two weeks,
wondering whether their paycheques
will arrive.
The cheques have been late eight
times since June 2012 and teachers
are owed a total of at least $ 737,000,
Manitoba Teachers' Society ( MTS)
president Paul Olson said Tuesday.
The teachers' union demanded
Tuesday Ottawa place the band located
50 kilometres north of Brandon
under third- party management.
Officials with Aboriginal Affairs
and Northern Development Canada
did not respond Tuesday to an interview
request.
" The situation for our members in
Sandy Bay has become more than intolerable,"
Olson told a news conference.
Sandy Bay Chief Russell Beaulieu
said he will respond at a news conference
this morning in Winnipeg.
TeacherMikeBeaulieu, abandmember
and 23- year veteran of the staff at
Isaac Beaulieu School - named after
his father - said teachers have even
been threatened with layoffs if they
push harder for payment.
" Our situation is deplorable. We
don't know until the day before, or
the day of" whether they'll be paid, he
said.
Teacher Marlene Lavasseur said
she had to move elsewhere this school
year because she couldn't pay her
rent, utilities bills and car payments
on time when she taught at Sandy Bay
last year.
" The cheques kept getting delayed.
We weren't getting paid on
time," she said.
Olson said MTS was forced to act
when Sandy Bay First Nation failed to
keep its promise of meeting its financial
obligations to teachers by Feb. 1.
MTS has never had this kind of problem
with any reserve school it represents
or any public school division in
memory, he said.
Olson said for more than 18 months
the band has not been paying its portion
of benefits, including pensions,
and that while it has been collecting
the teachers' portion, has not been remitting
those deductions to the Canada
Revenue Agency.
" Where the money went after that is
anyone's guess," Olson said.
MTS said three teachers who retired
in June have not received pension
benefits and five teachers on
disability leave have not received
benefits.
Teachers may look for new jobs
after June 30, but they will not withdraw
their services, Olson said.
" Teachers take their obligations to
their kids very seriously."
Olson said morale is low at the
school, where fire alarms aren't working,
bathrooms lack toilet paper and
snow is not cleared.
" School buses transport more students
than legally allowed, and they
are in disrepair," he said.
Beaulieu said his father founded the
school and made the decision to join
MTS, and he's followed his father's
path.
" That's my home community, that's
the school my dad built and I don't
want to leave," he said. " My ancestors
could not read or write, but they had
the foresight to know that education is
vital if we are to survive as a people."
nick. martin@ freepress. mb. ca
Bikers proceeding with appeals
A man who shot and killed a Manitoba
couple in their holiday home in Texas
25 years ago has been sentenced to life
in prison. Arturo Almaguer, 44, must
serve 30 years behind bars before he
can apply for parole.
A jury convicted Almaguer on Monday
of capital murder in the deaths of
Evan Squires, 70, and his wife Wilda
Squires, 65. The couple lived in Minnedosa,
north of Brandon, and travelled
each winter to the Magic Valley Trailer
Park in Weslaco, Texas.
They were found shot to death in
their mobile home, wearing their pyjamas,
on the night of Nov. 13, 1988.
The case remained unsolved until
2011, when authorities said they
matched feces left on the floor of the
trailer with DNA from Almaguer, who
had been arrested in Michigan on an
unrelated offence.
" We went 23 years with no hope,"
Wilda Squires's son, Bill Jury, said
after the sentencing hearing. " With
DNA you can run, but you can't hide."
The son sat through some of the trial
and said the prosecution argued his
mother and stepfather were killed in a
burglary gone bad.
The couple, married for 2 � years,
were both regulars at the trailer park
when they met and fell in love. Evan
Squires taught painting classes there
and Wilda Squires taught English to
children at a school just over the border
in Mexico.
They were kind, trusting people who
even had a habit of not locking their
door. Jury explained the couple wanted
their older neighbours to be able to
come in and use their phone if they had
medical emergencies.
It was alleged Almaguer believed no
one was in the home that night, because
the Squires had parked their vehicle in
a neighbour's driveway to make room
for some renovation work.
Court heard Almaguer piled a box of
silverware, a portable radio and other
belongings by the trailer door, then
went to use the bathroom. When the
Squires woke up and confronted the
intruder, he shot the couple and defecated
on the floor.
DNA testing was still relatively new
at the time, but Jury said a sample of
the feces was collected. Experts were
later able to collect enough skin and
blood cells to create a DNA profile.
Almaguer has filed an appeal.
- The Canadian Press
Man who killed Manitoba couple gets life
By Allison Jones
Sandy Bay First Nation
$ 737K in arrears: MTS
By Nick Martin
Teachers
tired of
delayed
paydays
Convicted in deaths of
eight fellow Bandidos
Michael Sandham is not pursuing an appeal.
Dwight Mushey has filed an appeal notice.
KEN GIGLIOTTI / WINNIPEG FREE PRESS
Teacher Mike Beaulieu and Marlene Lavasseur, a former teacher at a school on Sandy Bay First Nation, say their paycheques were often delayed.
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