Convicted murderer wants retrial in high-profile gangland massacre
The third man convicted in the Bolsa restaurant massacre is hoping he'll get the same deal as the first two -- a concession a new trial is warranted, his lawyer said Friday.
Defence counsel Andrea Urquhart said the prosecution should grant R.H. a retrial in light of undisclosed comments made by a star witness.
But a Sun source said it's likely the Crown will take a different position in R.H. case, because he confessed to undercover cops during a so-called Mr. Big sting.
The Crown filed documents in the Court of Appeal this week conceding convicted triple murderers Michael Roberto and Nathan Zuccherato are entitled to second trials in connection with the Jan 1, 2009 killings.
In his submissions to the court, appeals prosecutor Goran Tomljanovic said the undisclosed recantation of a witness identifiable only as M.M. meant the two men's Charter rights were violated.
M.M., who was the main witness in Roberto and Zuccherato's trial was arrested for impaired driving in Macklin, Sask. on July 12, 2011 and told Mounties it was he who committed the triple slayings.
The conversation wasn't disclosed to Calgary police, and then the Crown, until after all three men had been convicted in separate trials.
Urquhart said M.M. was a key figure in Honorio's conviction and he should be entitled to the same retrial as his alleged accomplices.
"In Mr. R.H. trial M.M.'s credibility was vigorously put into question as well as the role that he played in the Bolsa homicides," she said.
No date has been set for R.H. appeal hearing.
Kevin Martin, Calgary Sun
April 27 2013