CALGARY – A judge has sentenced a key witness to 15 months in prison for refusing to testify in the jury trial of two men, who were subsequently each convicted of three counts of first-degree murder in the gang-related New Year’s Day 2009 massacre at a southeast restaurant.
Court of Queen’s Bench Justice Earl Wilson said the man, known as John Doe because of a court order protecting his identity, “stood mute” on Oct. 5 when asked a series of questions by Crown and defence counsel.
It was after John Doe’s refusal to testify that Wilson ordered a statement the man made to city police undercover officers in a so-called Mr. Big sting operation to be included as evidence at the trial of Nathan Zuccherato, 25, and Michael Roberto, 27, alleged FOB gang members.
Zuccherato and Roberto were convicted by the jury late Monday night of killing rival FK gang members Sanjeev Mann, 22, and Aaron Bendle, 21, and bystander Keni Su’a, 43.
They were sentenced on Tuesday to life in prison with no chance of parole for 25 years.
Get daily National news
In the undercover interview with Det. Darren Berglind, purporting to be the boss of a criminal organization, John Doe said he was one of the shooters in the triple murder at Bolsa Restaurant.
Crown prosecutor Shane Parker had sought a two-year sentence for John Doe. Defence lawyer Tonii Roulston argued for nine to 15 months.
John Doe had initially refused to take the Bible and even be sworn by the clerk, saying, “I’ve got nothing to say.”
Then, when the judge told the clerk to give the witness the oath without the Bible, he was asked to confirm his name and he replied, “Yup.”
Parker then asked the witness, a serving prisoner a series of questions which mostly elicited silence.
“What happened on New Year’s Eve 2008?” he asked.
“I deny to be a witness,” the man replied.
Parker then repeated the question and the man replied, “I have no answer.”
Next, the prosecutor said, “You do not want to answer any questions?”
“That’s correct,” said the reluctant witness.
Parker then asked him what happened on New Year’s Day 2009 and there was only silence.
The witness also refused to answer if he knew of a group known as the 403 Soldiers.
When Parker turned the witness over for cross-examination, John Doe also refused to answer similar questions posed by defence lawyer Alain Hepner, who represented Zuccherato.
The witness also confirmed to Kim Ross, who acted for Roberto, that he wouldn’t answer any of his questions either.
Comments