Convicted killer Ledesma denied third trial in fatal shooting of bartender
Convicted killer Kyle Ledesma will not be getting a third trial.
The Alberta Court of Appeal on Wednesday rejected arguments from defence lawyer Pawel Milczarek that Ledesma received an unfair trial.
Milczarek's main ground of appeal was that Justice David Gates, who presided over Ledesma's second jury trial, took more than a year to release his reasons for allowing evidence of a Mr. Big operation and other pretrial-related motions.
But a three-member Court of Appeal panel said while Gates's delays in handing down the decisions were “extraordinary” they weren't enough to establish a reasonable apprehension of bias.
“The need to give reasons for conviction has been stated at length in (a previous case). Fairness and impartiality are jeopardized when the thought process leading to conviction is unclear or unexplained, and the absence of reasons may prevent appellate review,” they said in their written decision.
“However, the Supreme Court has acknowledged that it is often necessary to trial fairness and efficiency for a trial judge to announce dispositions on evidentiary or Charter motions with reasons to follow,” they said.
“In our view, having regard to the totality of the circumstances, the presumption of judicial impartiality and integrity is not displaced. We agree that the delay was extraordinary.”
They also noted the delay in getting a decision from Gates was not on Ledesma's guilt or innocence, but on evidentiary admissibility rulings.
“We do not condone the delay but note that delay on its own does not establish a reasonable apprehension of bias. Moreover, while the admissibility of this evidence was important, arguably vital, to the Crown's case, particularly the evidence of the Mr. Big operation, these are reasons for evidentiary rulings made during the course of a trial, not reasons for a verdict.”
Ledesma was convicted of second-degree murder in February 2019 in connection with the Nov. 27, 2010, shooting death of Calgary bartender Dexter Bain.
Ledesma shot Bain twice during a botched robbery attempt at My Place Pub and Grill.
Bain was drinking with friends after closing the bar when Ledesma gained entry from a rear door and shot him.
In January 2012, Ledesma confessed to the killing in a so-called Mr. Big operation after being lured into a fake crime organization.
Ledesma had doubts about his new friend being a police officer until a scenario was run in Vancouver where the detective shot a supposed debtor with a prop gun.
Ledesma was sentenced to life in prison without parole for a minimum 12 years. He'll be eligible for full parole in January 2024.