One of the convicted murderers behind the Bolsa gang shootings, Real Honorio, is one step closer to getting a new trial.
Honorio was sentenced to life in prison in 2012 for his role in the triple murder at the Bolsa Restaurant in southeast Calgary on New Year's Day 2009 but will be making his case for a new trial at the Court of Appeal on Thursday.
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"The appellant was denied his ability to make full answer and defence," said Crown prosecutor Josh Hawkes. "The appropriate remedy is a new trial."
In March 2012, Honorio was found guilty of two counts of first-degree murder and one count of second-degree murder for his role in the killings.
Then a surprise confession from the Crown's star witness — who can only be identified by his initials MM — put Honorio's sentencing on hold until October 2012.
MM apparently told Saskatchewan RCMP during a traffic stop that he was the sole killer and it's that new information that Hawkes says justifies a retrial.
RCMP only disclosed MM's confession to the prosecution and defence after three men, including Honorio, were convicted of the murders.
The two other men, Nathan Zuccherato and Michael Roberto, have already been granted new trials because of that information.
Since then, Roberto has also made a partial immunity deal in exchange for his testimony against his former gang associates.
According to Hawkes, Roberto's account of the crime is another reason a new trial should be granted.
His version of what took place the day of the murders is different from MM's and from the statement Honorio made to police during an undercover investigation.
Three people were killed in the restaurant that night.
Sanjeev Mann and Aaron Bendle were gang associates.
Keni Su'a was a bystander.