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Winnipeg Free Press - ONLINE EDITION
Judge refuses to overturn murder conviction
A Winnipeg man who claims he was wrongfully convicted of first-degree murder has lost his bid to overturn what he calls the jury's "perverse" verdict.
William Henderson filed documents claiming he got an unfair trial, citing nearly two dozen grounds for ordering a new hearing. They included evidence the judge refused to exclude, instructions to the jury and rejecting four mistrial applications.
The Manitoba Court of Appeal released a written decision Wednesday rejecting his bid.
Jurors found Henderson guilty of an execution-style murder following a five-week trial and only a few hours of deliberations. He was given the mandatory sentence of life in prison with no chance of parole for 25 years.
"The system is messed up. When are we gonna learn?" Henderson said moments after hearing his fate. "All the inquests, inquiries about wrongful convictions. This still keeps happening. I don't get it."
Queen's Bench Justice Murray Sinclair had a different take on the proceedings.
"All efforts were made to ensure you got a fair trial. And I think that you did," he said at the time.
Henderson had pleaded not guilty to the slaying of Frehley McKay in August 2002. Three witnesses identified him as the killer -- but Henderson insisted he was miles away, asleep in his own bed.
Crown attorney Geoff Bayly accused Henderson of concocting a bogus alibi to cover up his guilt. Defence lawyer Martin Glazer warned jurors finding his client guilty was dangerous. He said there was a possibility the real killer has never been arrested.
McKay, 22, died on the front lawn of a Kilbride Avenue home in West Kildonan after being shot twice at point-blank range. The Crown has alleged a confrontation between Henderson and McKay inside a crowded bar was the trigger for the killing hours later.
Jurors heard two women -- McKay's ex-girlfriend and her friend -- picked Henderson out of a photo lineup. A third witness didn't see the shooting, but testified about seeing Henderson fleeing the scene holding a handgun that was ditched in an alley.
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