Dean Kelsie appealing 2000 conviction for killing Sean Simmons
Blair Rhodes | CBC News | Posted: October 6, 2016 8:54 PM | Last Updated: October 6, 2016
Kelsie convicted of first-degree murder and conspiracy to commit murder in 2003
A Hells Angels hitman is fighting for a new trial and taxpayers are on the hook for his legal costs, 13 years after he was convicted of the crime.
Dean Daniel Kelsie, 43, and three other men were found guilty in the October 2000 killing of Sean Simmons.
Simmons was gunned down in an apartment in north-end Dartmouth on orders from a Hells Angel because Simmons allegedly had an affair with a gang member's wife.
13 years since conviction
Simmons was killed by a single gunshot wound to the head. Testimony at trials for the various accused indicate Kelsie pulled the trigger.
He was convicted of first-degree murder and conspiracy to commit murder at a judge and jury trial in March 2003. The conviction carries an automatic life sentence. Kelsie must serve a minimum of 25 years before he can begin applying for parole.
Five days after his conviction, Kelsie filed a notice of appeal. That appeal has yet to be heard. It's not clear from court documents why the case is still lingering, nearly 13 years after Kelsie's conviction, although the court notes Kelsie has changed lawyers at least once in that time.
In a decision released Thursday, a judge of the Nova Scotia Court of Appeal ruled Kelsie should have legal help to prepare his appeal.
Lacking money to hire lawyer
To support his application for legal help, Kelsie filed an affidavit in which he said he's been in prison since his arrest in 2001 and he's currently earning $28 every two weeks as a welder in the penitentiary where he's serving his sentence. He gets another $100 to $200 a month from his family, leaving him far short of the money he needs to hire a lawyer.
Justice David Farrar also noted Kelsie is not capable of representing himself.
"Mr. Kelsie has a Grade 12 equivalency education which he obtained in prison. He has no experience in representing himself," Farrar wrote.
"I have no difficulty in concluding that the legal issues are beyond his ability to effectively comprehend and articulate."
Farrar has ordered that $7,500 be given to Kelsie, along with money for disbursements to be agreed on.
Kelsie's appeal of his murder conviction has not yet been scheduled.