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Two people convicted of killing OPP officer seek appeals
The two people convicted of killing Ontario Provincial Police Const. Greg Pierzchala are both appealing their convictions.
The Court of Appeal for Ontario told CHCH News that Randall McKenzie and Brandi Stewart-Sperry filed their appeal on Wednesday.
The pair were sentenced to life in prison with no possibility of parole for 25 years. Const. Pierzchala was shot six times and killed while responding to a car in a ditch on Dec. 27, 2022, near Hagersville.
Both McKenzie and Stewart-Sperry pleaded not guilty to first-degree murder when their trial began in March.
Randal McKenzie’s appeal letter
McKenzie filed his appeal from the Hamilton-Wentworth Detention Centre, where he is in custody.
McKenzie said in his appeal that the verdict was “unreasonable from bias jury,” alleging jury members had written letters to the judge showing their “bias opinions.”
His appeal also alleges that jurors had sent the judge a note saying they “felt uncomfortable with of members of the public who they assumed were (McKenzie’s) supporters and they had more opinions on the matter.”
The appeal further reads that when the defence asked to hear more on what they (the jurors) assumed, the judge had refused.
McKenzie is requesting to appeal the first-degree murder conviction only, in a new trial by judge alone without a jury present.
Brandi Stewart-Sperry’s appeal letter
Stewart-Sperry filed her appeal at the Vanier Centre for Women in Milton, where she is in custody.
She is appealing against both her conviction and sentence, in a new trial with both a judge and a jury.
Stewart-Sperry wrote the following eight points as reasons for her appeal:
- Erred in law in dismissing direct verdict application
- Unreasonable verdict
- Failure to give the rolled up instruction on mens rea (the intention or knowledge of wrongdoing that constitutes part of a crime)
- Error to permit use of after the fact conduct evidence
- Error in charge related to after the fact conduct evidence
- Fresh evidence of after the fact conduct evidence re: Randall Mackenzie [sic]
- Failure to correct instructions re: decision tree
- Erred by failure to change the venue of the trial
Both McKenzie and Stewart-Sperry have applied to Legal Aid Ontario for a lawyer.
The Court of Appeal for Ontario received both their notices of appeal, but it is unknown when the court will make a decision.
WATCH MORE: Jury finds two people accused of killing Const. Greg Pierzchala guilty
