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UN gangster’s lawyer Connor D’Monte has demanded more disclosure from both Canadian and US law enforcement.
Connor D’Monte, also known as Johnny Williams, on the beach in San Juan, Puerto Rico. Photo from the exclusive of Postmedia
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A fugitive from the BC gang accused of murder in Langley in 2009 has no right to have all the evidence against him for an extradition hearing in Puerto Rico, the US prosecutor said in new court documents.
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UN gangster’s lawyer Connor D’Monte has demanded more disclosure from both Canadian and US law enforcement agencies to be used in D’Monte’s extradition proceedings.
But in a new court file, a U.S. assistant attorney general noted that the extradition was not criminal proceedings and therefore D’Monte was not entitled to more than what the Canadian authorities had already provided – an affidavit from Officer Terrence Murphy highlighting the criminal case against him.
“D’Monte is not a defendant in the United States and this is not a criminal case. He is a fugitive from Canada, whose extradition has been requested by this government, “said Assistant Attorney General Julian N. Radzinski. “Everything else that D’Monte wants must wait until he returns to Canada, represented by the lawyer there and in the position of a defendant facing charges in that country, to ask for any discovery and materials on which has the right under Canadian law.
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The Vancouver-born man was charged in January 2011 with murder and conspiracy to kill Red Scorpion gangster Kevin Leclair in February 2009 and with conspiracy to kill Scorpion brothers Jonathan, Jarod and Jamie Bacon.
After 11 years on the run, D’Monte was arrested on February 25 on the outskirts of San Juan, Puerto Rico, with a firearm. He lived there for years under the pseudonym Johnny Williams, volunteered for a bee charity and played beach tennis almost daily.
An undated photo of Kevin Leclerc, who was shot dead on February 6, 2009 in Langley.
Last month, public defender Andrew C. McCutten complained that the Canadian extradition package did not contain physical or digital evidence of any kind linking Mr D’Monte to a crime. However, the court is asked to approve the physical seizure and transportation of Mr D’Monte’s body to another country.
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In his request for disclosure, McCutchen cited several articles in Postmedia News about the trial of UN assassin Corey Valley, who was convicted of LeCler’s murder, citing lawyers attacking the trust of key witnesses.
Radzinski said in his response that the request to reveal D’Monte did not include the final conviction in the Vallee case, where a judge from the Supreme Court of British Columbia found the witnesses credible.
“While D’Monte cites a long list of news articles about witnesses to the Corey Valley trial, he has never cited any of the Canadian courts that have convicted and upheld Wally’s sentence,” Radzinski said. “Interestingly, while D’Monte relies heavily on news sources to attack the confidence of witnesses in Murphy’s sworn testimony, he fails to mention the fact that Vale himself made the same arguments about credibility that the Court of Appeal for a rejected British Columbia. “
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He also said D’Monte’s request for evidence gathered by US law enforcement for the UN gang was irrelevant to the Canadian case against D’Monte.
“The United States has not independently investigated the murder or conspiracy to commit murder for which Canada wants D’Monte’s extradition,” Radzinski said. D’Monte is trying to rule on this court ruling that if the United States conducts an investigation into the UN gang – on any issue – it somehow entitles him to any … material in extradition proceedings for various crimes that were committed entirely on Canadian soil. “
kbolan@postmedia.com
twitter.com/kbolan
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