Harkes files intent to appeal conviction

Families of stabbing victims Brett Wiese and Colton Lewis will now only have to prepare for one appeal, instead of two.

Mitchell Harkes filed his notice of appeal with the Alberta Court of Appeal on Monday of seconddegree murder in the fatal stabbing of Wiese and attempted murder of Lewis.

Jazlyn Radke, who was then 17 but convicted earlier this year as an adult of killing Wiese, had filed her appeal in May, but it was struck by the court because her appeal books were not filed on time and it was deemed to be abandoned. She had been given a life sentence with no parole for seven years.

Harkes, 22, claimed in his grounds of appeal that the verdict was unreasonable and cannot be supported by the evidence; that the judge erred by allowing the prosecutor to cross- examine him on his prior criminal record; and that the judge erred by allowing the jury to determine that he could be guilty based on a joint enterprise.

He was given a life sentence with no chance of parole for 12 years on Oct. 6, for killing Wiese, 20, plus a 12- year concurrent sentence for the attempted murder of Lewis.

Court heard during trial Radke returned with Harkes to a party on Brisebois Drive Jan. 12, 2013, one from which they had earlier been evicted, seeking revenge.

Harkes was found to have stabbed Wiese and Lewis six times each and Radke inflicted the fatal seventh blow to Wiese, who died at the scene. Lewis was taken to hospital with life- threatening injuries, but survived after emergency surgery.

Harkes had sobbed in the prisoner’s box as he apologized to the Wiese family for murdering son Brett and to the Lewis family for attempting to kill son Colton.