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Messages - BaySailor

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16
There is indeed an interior door from Printing Plus to the stairwell, as well as a 'freight' elevator at the back from Printing Plus to the upper hallways.

In today's testimony the forensic sergeant said that in March 2014 it was his idea to compare the foot print photos from before and after the removal of Dick's body, but in cross examination a defense lawyer shows the court an email from the previous trial's crown prosecutor to this sergeant stating that the footprint issue will come into play in trial, and that he should downplay the footprint's significance. That's not really kosher. And completely coincidentally, the defense sent an email in January 2014 raising the footprint issue.   

17
Bay Sailor, just for clarification, it was former Chief John Bates (who likely would have had little, if any, involvement in the Oland investigation who accompanied McCloskey to Court) not former Chief Bill Reid.  It was also Bates who was chief at the time of the first trial and filed the complaint with the Police Commission following King's testimony.  Regarding McCloskey's testimony, I find the testimony of King and Oram far more credible.  I always believed King (and much of what he said has since been confirmed by the investigators) and can really think of no reason why Oram would have concocted the story of McCloskey sitting on the desk, etc etc at the crime scene.

Thanks you very much for that correction RubyRose. I am with you on King and Oram, and feel so sorry for King- the position he was put in must have been awfully difficult to deal with, and I was sad seeing him break down on the stand. Clearly this has been eating him up by times. McCloskey gives the impression of being a real self-serving b*****d, loss of son not withstanding. 

18
A few more tidbits from the trial this week... the aforementioned Chief Reid as it turns out is also good buddies with now retired Insp. McCluskey, who testified today and actually showed up to court with the now retired Chief Reid by his side. McCluskey tried to refute another other police officer's testimony that McCluskey had asked him to lie about his presence at the crime scene, and also denied that he had made a 'Scenic tour', so to speak, of the crime scene on his second visit. He also denied that he sat on any of the furniture in the office, something a different officer had previously testified had happened.

Another police officer who testified today claimed that he had seen Constable Davidson at the crime scene check the back entrance door, questioned Davidson about the door, and was told by him that it was indeed locked. He had not mentioned this interaction with Davidson when he testified in the first trial, but claimed that he had remembered this after that trial as his memory had been jigged by the post-trial uproar over police handling of the crime scene. However after he said this today, the defense lawyer told him that all of the evidence they had gathered from other police reports, and to which the prosecution agreed, stated the testifying officer was NEVER at the crime scene at the same time as this Davidson. In other words, he was caught in a blatant lie. This is the state of Saint John's finest at the moment.

I would not be surprised if the defence requests the Judge dismiss the case because of the rampant incompetency of the police investigation and obvious perjury committed by at least one of the police officers noted above.




19
Yes, it was all explained on our local CTV news here. I get all the N.B. details on our news.  The SJP are maybe not trained enough in violent crimes and homicides to properly do an investigation. I do believe there is a lot of that going on in Canada. They fail to secure the crime scene, they allow numerous people to walk around without proper equipment at hand. There should only be suited persons on the crime scene and nothing moved and photos taken.  We see this continuously in serious crimes.  The same as in the Toronto homicide of the couple that was murdered in their mansion, classed as a suicide and the crime scene was contaminated. If it wasn't for their children getting PI involved, it would have been classed as a murder/suicide.  How can these officers sleep at night. I mean the conclusion was reached almost immediately, because they just in my opinion, can't be bothered doing a proper job. I don't have any faith in what is going to happen at this trial now, it's been just a comedy of errors, kind of a kangaroo court, so to say.  I have a feeling it's a washout. :( :( :( :( :(

I think these are really good points, and they worry me a bit. I think law enforcement and our courts in general aren't up to snuff.  The courts are backed up, many municipalities can't afford to staff their L/E departments properly, training seems to be weak, and perhaps even recruitment is missing the target. The folks in Saint John certainly don't have their act together, and it does seem farcical. I'll be curious to see what the provincial investigation of the police in Saint John turns up, but that's a long time away.

20

I find  the items to be compelling. Did Oland's lawyers miss the ball by not asking the pathologist if the evidence suggested that the attacker was right or left handed? Sounds like it to me. I can see why the prosecution didn't ask. Why was the lawyer's witness account (Cheryl Johnson) of a heated argument heard coming from Oland's office area, just before he was likely killed, not part of the testimony at the first trial? One of our unanswered questions--did the defense mess up on this also?

As far as Dennis having a financial motive to kill his father, I think it is evident that Richard would never allow Dennis to lose the family homestead, Sevenacres, due to financial problems. RO saved the estate after DO's divorce and I'm confident that he would do it again, and just take it off DO's share of his estate.

Unfortunately, I couldn't find the article in the link provided.
Yes, I agree, it seems odd from afar that Cheryl Johnson did not take the stand, but I can't believe that lawyers with the experience of Gold et al simply overlooked it- I suspect there is something more that either prevented her from testifying or led both sides OR the judge to determine her testimony wouldn't be relevant or appropriate. Otherwise that would be a terrible error of omission for the defense to have made.

I too also believe that Dick might well have decided to retain the 7 Acres property, but that does not alter the fact that Dennis couldn't pay his credit cards and was getting cash advances from his manager John Travis, and misled a bank about his income on a mortgage application. I see that, and his inheritance, as motive.   

21
http://thechronicleherald.ca/canada/1413091-special-report-new-oland-trial-could-take-fresh-approach-part-2

A new trial may well deal with three things: an argument, a jacket and whether the murder weapon � thought to be a drywall hammer � was swung by a left hand or a right.

PART 1: Why the second-degree murder case against Oland fell apart

A Saint John lawyer, Cheryl Johnson, heard an animated argument in or near Richard Oland�s Canterbury Street office the evening of the murder, shortly before two men working in the print shop below the office heard thumping and banging sounds, perhaps of a struggle, overhead.

Secondly, Richard Oland�s killer was likely right-handed, the pathologist�s findings suggest.


And thirdly, witnesses testified at his trial that they saw Oland on the Renforth wharf wearing a brown jacket � a jacket that was later found to have bloodstains on it. However, forensic evidence showed the car Oland drove away from his father�s office had no bloodstains.

he Crown�s argument at his trial was that Oland was strapped financially and murdered his father, to whom he already owed hundreds of thousands of dollars, when the �daddy bank�, as the prosecutor appeared to enjoy calling it, refused to extend further funds to finance his son�s �extravagant lifestyle.�

However, investigators found no hard evidence of discord between father and son, defence lawyer Alan Gold reminded judges hearing the appeal.


The Oland family�s global brewing and distillery empire provides them with vast corporate and personal wealth. Richard Oland�s personal net worth at the time of his death was about $36 million.

Dennis and Lisa Oland�s finances were indeed under water in the summer of 2011, but the jury also heard testimony that they held two-thirds equity in their home, a 20-room house and expansive property in Rothesay called Sevenacres, that Dennis inherited from his grandfather.

In addition, Dennis was managing an investment portfolio valued by his employers at $20 million to $25 million. This made the former world markets trader with CIBC Wood Gundy a definite asset to the firm.

The court also heard that Dennis had little to gain by killing his father since his mother would get all of the money, which speaks to motive. Robert McFadden, Richard Oland�s accountant and business partner, testified that Oland�s widow, Connie, receives her husband�s fortune in trust and upon her death, the trust will be dissolved and assets shared among Richard�s three children, Dennis, Jacqueline Walsh and Lisa Bustin. McFadden said that after his mother�s death, Dennis�s portion would be reduced by $538,000 � the amount advanced by his father, with $269,000 going to each sister. The advance covered the expenses of Dennis�s divorce, allowing Dennis to keep his ancestral home.

LEFT HAND, RIGHT HAND
During the trial that consumed the fall from September to Christmas 2015, the jurors were barraged with testimony from nearly 50 witnesses, and hundreds of exhibits were entered into evidence, but it was not pointed out to them directly that Oland is left-handed, his lawyers confirmed in interviews after the verdict.
For Oland to have brought a weapon to the meeting with his father suggests premeditation, yet Oland was only charged with second-degree murder. Online posts suggest he is a hobbyist who fills his off-hours sailing, tracing the Oland family�s genealogical roots, and restoring old cars.
Oland says he went to his father�s office after work on July 6, 2011, to give him a copy of a family will, 190 years old, that showed the family�s founder had been illegitimate. He said they laughed about it together because some members of the extended Oland family might find the news embarrassing.
Pathologist Dr. Ather Naseemuddin said in an interview that he wasn�t questioned about the direction of the blows during his testimony by either the prosecutor or the defence. Defence lawyers Gary Miller and Alan Gold confirmed this. In a telephone interview last January at his office at Saint John Regional Hospital, Naseemuddin said �I can�t recall� being asked by the Crown prosecutors or the defence whether the assailant was right or left handed.
Miller said in an interview in January 2016 that Naseemuddin was �mute� in court on the directions of the blows, but the lawyer agreed with the premise that it�s reasonable to expect that deeper wounds to the left side of the head would result from a right-handed killer wielding a weapon in a frontal assault. Naseemuddin wasn�t asked about that directly in court, Miller said.

However, Naseemuddin did testify that six fractures on the left side of Oland�s head were �more rapidly fatal� than the ones to the right.
That suggests �a right-handed assailant,� forensic psychologist Dr. Eric Mart of Portsmouth, N.H., said in an interview. Mart has provided expert testimony for courts in Canada and the United States on the mental state of those perpetrating violent offences.
Four of the blows created a depressed area in the skull measuring about 10 centimetres in length, seven centimetres in width and two centimetres deep. Some of them �breached the outer table of the skull,� and �entered the cranial cavity,� reaching the brain, the court heard.

THE JACKET
Video of Dennis Oland leaving his father�s office on the evening Richard Oland was killed � his face appearing serene and his clothing clean � raises doubts that he attacked his father in a sudden fit of rage because his clothing would have been bloodied and he would have had trouble regaining his composure in the time available, according to Mart.

Other video, presented in court for the time surrounding his father�s death, actually appears to offer evidence of innocence. In the two separate videos taken later in the evening of the murder, Dennis is seen shopping at a pharmacy for cold medicine for his wife and then at Cochran�s Country Market in Rothesay for a watermelon at about the time witnesses testified they heard loud noises coming from his father�s office.

No blood was found in his car or on a reusable grocery bag, folded up in the trunk, which he was carrying to and from his father�s office. A dry cleaner, who inspected the brown jacket Dennis is wearing in the video and was taken for cleaning two days after the murder, testified that Dennis�s jacket was not stained with blood or gore.
more in the link should the reader wish to continue....
http://thechronicleherald.ca/canada/1413091-special-report-new-oland-trial-could-take-fresh-approach-part-2

Their strikes me to be some hogwash in the way the defense portrays these items, particularly the financial motives. They state that Dennis's mom received Dick's money, but that's not really true.  Connie received the house and RRSP's. She also receives the income generated by the Far North investments, but the the investments themselves, 30 million plus, belong to Dennis and his sisters. While that money is indeed in trust, the trustees, depending upon it's terms, can access the capital should the want too. And while the defense here is arguing that Dennis had a tidy income as a broker we know that his boss was giving him multiple advances because he couldn't pay his bills, and his credit cards were maxed out. That doesn't jibe with their contention of 'no financial motive' to me.     

22
Quote
I don't think it matters who requests a trial by either judge or jury jb. Both sides have to agree or it doesn't happen.

Well, the trick to get out of another trial, is to not agree..... and go free?

er.... Something is not making sense.... I think I am missing something.
Am wearing my "stupid hat" today.

jb

It will be by jury unless crown, defence, and judge agree otherwise. If the defence wants a judge only trial and the others don't agree, too bad for the defence. It proceeds as a jury trial.

23
This time around, who has the choice? Re; by judge or jury? Prosecution or Defendant?

jb


The Criminal Code stipulates all homicide cases are to be heard by a judge and jury, but the defence or Crown can request a judge-alone trial. The other party must consent and its decision cannot be appealed.

Apparently the Crown wouldn't accede to that, at least at this point.     

24
Dennis Oland has been granted a new trial by Supreme Court of Canada. His lawyers asked for an acquittal, and the prosecution asked for his conviction to be reinstated.

http://www.cbc.ca/news/canada/new-brunswick/dennis-oland-supreme-court-decision-appeal-murder-1.4176092

thanks for that. Officially it's the NB Court of Appeal that granted the new trial- the Supreme Court of Canada by not hearing the appeals lets that decision continue to stand.




I wonder when  that will be? The NB government is broke, and this would be an expensive retrial. Any chance the crown doesn't proceed?

thanks. And apparently the crown wants a jury trial again. I can't wait!   

25
Dennis Oland has been granted a new trial by Supreme Court of Canada. His lawyers asked for an acquittal, and the prosecution asked for his conviction to be reinstated.

http://www.cbc.ca/news/canada/new-brunswick/dennis-oland-supreme-court-decision-appeal-murder-1.4176092

thanks for that. Officially it's the NB Court of Appeal that granted the new trial- the Supreme Court of Canada by not hearing the appeals lets that decision continue to stand.

I wonder when  that will be? The NB government is broke, and this would be an expensive retrial. Any chance the crown doesn't proceed?

26
Something I did not know - until I read the book.

In the preliminary hearing - a roaming ping came from Dick's phone three days after his murder.  Dick's boat was moored in the US.

The prosecution suggested that the ping probably came from the shock stick that was on board.

The Roger's tecky - said no - "I dialed Dick's cell number"

The judge said  "there could have been a number of ways that the cell phone arrived in the U>S, and the missing cell phone is a mystery"..

This was not entered into the trial.

If the roaming signal did come from the US - how did it get there?

jb

Interesting. I don't know how relevant this is but when I am around the St. Stephen/ St. Andrews area of New Brunswick, by the border,  my phone will sometimes ping off of an American tower. It's annoying because then I get dinged with a foreign roaming charge. My cell phone statement then reports the call as having originated in the city of that tower's regional or head office, such that it reports my phone having pinged in Boston even though I never crossed the American border, let alone gone to Boston, a good 700 km's away.  Just a thought.

27

Dick's Will left his $37 million estate to his wife, with trust funds to be set up for his heirs. Upon Connie Oland's death, the estate was to be divided among his three children. (The debt owed by Dennis would be deducted from his share).

Interesting summation.

Just to clarify,  Dick's estate was (and now is) to be held in trust with Connie receiving the income from the trust, but not the 37 million dollars in capital. The capital of the trust was to be held in trust until her death, at which time it is to be dissolved and shared among the kids. The trustees, Dennis and Robert McFadden, could dip into the capital for her needs if necessary. Perhaps to pay any legal bills that might arise after his death, though I wonder if all siblings would be happy about that??     

If the trust is earning 5% that would be over $1.8 million annually, should that 5% all be paid out (which I doubt).

28
BaySailor - thank you.

To say it in simple words, the man lied!

I was shocked when Dennis added to the court on the stand, that he returned to the office the third time. How odd that it has been left out in this latest appeal.

Thanks again,
JB

I had forgotten about that. I'd look forward to seeing how the two sides handle that at a new trial. 

29
BaySailor, can you provide the link?  I would like to read it.

Thanks in advance.

I wonder how the courts could call a lie - circumstantial evidence? Do they mean circumstantial evidence for the prosecution towards guilt of the defendant?
And the judge should have instructed the jury that they may consider the lie as circumstantial?  I am being redundant..... confused as well.


JB

the link is here...

https://www.gnb.ca/cour/03COA1/Decisions/2017/January2017/20170112RvOland.pdf

and section  1 [9] details the heart of the reasoning. And to your point, yes, a lie may constitute incriminating evidence if and only if it was concocted to conceal the accused's involvement in the murder AND there is other evidence to show that it was concocted. Notably, instructions must be made to the jury by the judge explaining this. Judge Walsh did not do that.   

30
The NB Court of Appeal has posted on their website their reasoning behind the setting aside of the verdict and the ordering of a new trial. It's simply put and good reading for those that have followed the case. In essence, the verdict was reasonable in their view however the judges instructions around Dennis's misstatement of which jacket he was wearing the day of the murder suggested that the jury could consider the misstatement as circumstantial evidence if they believed it to be a deliberate lie. The Court of Appeal states that the misstatement could only be considered as circumstantial evidence if they believed it to be a deliberate lie AND there was some other evidence suggesting that it was a deliberate lie. The absence of the second part in the Judges instructions is the reason for the setting aside of the verdict. The COA did say the judge got the rules around admissibility of the evidence taken from the jacket correctly, which the Defense had argued vehemently against.

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