Murder suspect to remain behind bars pending retrial
Unless Kyle Ledesma appeals Thursday’s ruling, he’ll have spent seven years behind bars before he’s tried a second time for the murder of a Calgary bartender.
Justice Michelle Hollins rejected an application by defence lawyer Rebecca Snukal to release Ledesma on bail pending his retrial. The Court of Queen’s Bench judge said Snukal hadn’t met the onus necessary for her to release the accused until he stands trial a second time in January 2019 for the shooting death of Dexter Bain.
“Mr. Ledesma’s application for judicial interim release is denied,” Hollins said.
At Snukal’s request, Hollins imposed a publication ban on submissions by the defence lawyer and Crown prosecutor Hyatt Mograbee, as well as the judge’s reasons for denying release.
Ledesma, 31, is charged with second-degree murder in the Nov. 27, 2010, killing of Bain during a botched robbery at Our Place Pub.
He was convicted by a jury in 2015 but the Court of Appeal ordered a new trial in April, ruling the trial judge made errors in allowing so-called Mr. Big evidence to be called by the Crown.
The top court said Justice Sal LoVecchio failed to balance the prejudicial effect of Ledesma’s confessions to undercover officers during a sting operation against its probative value to the prosecution.
“We agree with the appellant that the trial judge completely failed to discuss or weigh the prejudicial effect of introducing the Mr. Big operation,” the appeal judges said.
LoVecchio sentenced Ledesma to life in prison without full parole for a minimum 15 years.
The minimum parole ineligibility on a second-degree murder conviction is 10 years.
His two-week trial is scheduled to begin Jan. 14, 2019.