BC fugitive not entitled to extra proof in opposition to him: US lawyer

A lawyer for UN gangster Conor D’Monte had demanded extra disclosure from each Canadian and American regulation enforcement companies.

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A BC gang fugitive charged in a 2009 Langley homicide is not entitled to have all of the proof in opposition to him for an extradition listening to in Puerto Rico, the US lawyer says in new court docket paperwork.

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A lawyer for UN gangster Conor D’Monte had demanded extra disclosure from each Canadian and American regulation enforcement companies to make use of in D’Monte’s extradition proceedings.

However in a brand new court docket submitting, an assistant US lawyer famous that extradition is not a legal continuing and subsequently D’Monte is not entitled to greater than Canadian authorities have already offered — an affidavit by police officer Terrence Murphy highlighting the legal case in opposition to him.

“D’Monte just isn’t a legal defendant in america, and this isn’t a legal continuing. He’s a fugitive from Canada whose extradition has been requested by that authorities,” assistant US lawyer Julian N. Radzinchi stated. “All the pieces else that D’Monte requests ought to wait till he’s again in Canada, represented by counsel there, and within the posture of a legal defendant dealing with costs in that nation to request no matter discovery and supplies he’s entitled to below Canadian regulation.”

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The Vancouver native was charged in January 2011 with homicide and conspiracy within the February 2009 slaying of Pink Scorpion gangster Kevin LeClair and a plot to kill the Scorpion brothers Jonathan, Jarrod and Jamie Bacon.

After 11 years on the run, D’Monte was arrested Feb. 25 in a suburb of San Juan, Puerto Rico, with a firearm in his possession. He had been dwelling there for years below the alias Johnny Williams, volunteering for a honeybee charity and taking part in seashore tennis nearly every day.

Undated handout photo of Kevin LeClair, who was gunned down on Feb.  6, 2009, in Langley.
Undated handout photograph of Kevin LeClair, who was gunned down on Feb. 6, 2009, in Langley.

Final month, public defender Andrew S. McCutcheon complained that the Canadian “extradition package deal doesn’t comprise bodily or digital proof of any sort tying Mr. D’Monte to against the law. And but, the court docket is requested to approve the bodily seizure and transportation of Mr. D’Monte’s physique to a different nation.”

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In his disclosure movement McCutcheon highlighted a number of Postmedia Information articles in regards to the trial of UN hit man Cory Vallee, who was convicted within the LeClair homicide, quoting attorneys attacking the credibility of key witnesses.

Radzinchi stated in his response that D’Monte’s disclosure movement did not embrace the final word responsible verdict within the Vallee case the place a BC Supreme Courtroom choose discovered the witnesses plausible.

“Whereas D’Monte cites an extended checklist of stories articles relating to the witnesses on the Cory Vallee trial, not as soon as does he cite to any of the Canadian courts that had been convicted and upheld the conviction of Vallee,” Radzinchi stated. “It’s attention-grabbing that, whereas D’Monte has closely on information sources to assault the credibility of the witnesses within the Murphy affidavit, he fails to say in any respect the truth that Vallee himself made those self same arguments relating to credibility, which the Courtroom of Enchantment for British Columbia rejected.”

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He additionally stated D’Monte’s request for proof gathered by American regulation enforcement companies in regards to the UN gang is irrelevant to the Canadian case in opposition to D’Monte.

“The USA has not independently investigated the homicide or the conspiracy to commit homicide for which Canada seeks D’Monte’s extradition,” Radzinschi stated. “D’Monte is making an attempt to have this court docket rule that if america carried out any investigation referring to the UN gang — for any matter in any respect — that by some means entitles him to any … materials in extradition proceedings for various offenses that had been dedicated totally on Canadian soil.”

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