Author Topic: Richard (Dick) Oland | Murdered | 69 | Saint John  (Read 482377 times)

jellybean

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1650 on: March 09, 2017, 12:29:33 PM »
http://www.ctvnews.ca/canada/halifax-men-accused-of-assaulting-dennis-oland-behind-bars-due-in-court-1.3317959

Halifax men accused of assaulting Dennis Oland behind bars due in court

The Canadian Press
Published Thursday, March 9, 2017 12:01PM EST
MIRAMICHI, N.B. -- Two Halifax men charged with assaulting Dennis Oland in a New Brunswick prison are expected to appear in court this afternoon.
Convicted killer Cody Alexander Muise and Aaron Marriott, who was convicted in a 2008 drug shooting, allegedly attacked Oland at Atlantic Institution in Renous, N.B., on July 31.

The 48-year-old Saint John financial planner had been jailed for 10 months after a jury found him guilty of second-degree murder in the 2011 bludgeoning of his multi-millionaire father, businessman Richard Oland.

RELATED STORIES
Two men charged for alleged prison assault of Dennis Oland at N.B. jail
N.B. appeal court explains why it overturned Dennis Oland's murder conviction
N.B. Crown to appeal ruling overturning Dennis Oland's murder conviction
No new trial date yet for Dennis Oland in murder of his multimillionaire father
Oland was released on bail in October after a court overturned his murder conviction and ordered a new trial.

Muise was convicted of first-degree murder for killing Brandon Hatcher in December 2010 in a gun battle in suburban Halifax, and is serving a life sentence.

Marriott was sentenced to 15 years for a 2008 drug shooting outside the IWK Health Centre in Halifax.


jellybean

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1651 on: March 09, 2017, 01:23:48 PM »
Now, I can understand the urgency  the family felt  in "getting Dennis out" as soon as possible.

I do not understand why he would have been placed in a max security prison in the first place.
Prisoners are supposed to be assessed as to where they should be placed.

Mid-level security in my opinion, would have been more suited for a person  whom, in my opinion, has a placid milk toast personality, such as Dennis Oland.

In my opinion, not all murderers are equal.  Not all killers would ever repeat it.  His was upfront and personal, and we have been told that patricide (the killing of one;s father) is very rare.

His violent attack on his father in my opinion, was caused by pent up rage built up over years of psychological emasculation  and bullying by his father , coupled with deep financial troubles, and fearful that his father would divorce his mother and marry the gold digger.

I am not making excuses for what he did - and my own view was never brought up at trial.
The above, is the way that I saw it, and only then through glimpses, by way of reporting in the news. Another factor was watching the videoed  police interview and listening to Dennis speak about his father in his own words.

Therefore, if my reasoning carries any weight, then sadly I can completely understand it. Never condone it - but understand it.

JB

ps - the following article below this post gives an explanation as to why the guilty plea was overturned.
This is. by itself, very interesting.
« Last Edit: March 10, 2017, 03:09:09 PM by jellybean »

jellybean

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1652 on: March 09, 2017, 01:34:14 PM »
CTV News - NB
N.B. appeal court explains why it overturned Dennis Oland's murder conviction


The Canadian Press
Published Thursday, January 12, 2017 6:45AM EST
Last Updated Thursday, January 12, 2017 7:39PM EST

FREDERICTON -- The jury had enough evidence to reasonably convict Dennis Oland of murder, but was improperly instructed on what was needed to get there, the New Brunswick Court of Appeal says.

The appeal court quashed Oland's second-degree murder conviction in the death of his multi-millionaire father in October, but did not give its full reasoning until a written ruling Thursday.

Writing for a three-judge panel, Chief Justice Ernest Drapeau said the verdict was not unreasonable, but the evidence was not so overwhelming that it undoubtedly would have withstood the trial judge's legal error.

RELATED STORIES
N.B. Crown to appeal ruling overturning Dennis Oland's murder conviction
No new trial date yet for Dennis Oland in murder of his multimillionaire father


"No accused is entitled to a perfectly instructed jury. However, the appellant, like all who elect to be tried by judge and jury, had the right to a properly instructed jury," said Drapeau.
That error related to what appeared to be the key piece of evidence against Oland: a brown Hugo Boss jacket.

Oland told police he was wearing a navy blazer the day Richard Oland was killed, July 7, 2011, but later said he was wearing the brown Hugo Boss. The Crown portrayed the statement as an intentional lie, while the defence said it was an honest mistake.

The brown jacket was later found to have minuscule blood stains and DNA matching the profile of Oland's 69-year-old father, who had been found bludgeoned to death in his Saint John office.


The appeal court said the trial judge, Justice Jack Walsh, erred because he told jurors they could use the "lie" as evidence of Oland's guilt, without adding they would also have to decide that it was concocted based on other evidence.

"Vigorous objection is voiced regarding the trial judge's failure to specify what 'circumstances' had to exist before the appellant's 'lie' could be considered probative of his identity as the murder," wrote Drapeau.
The prosecution suggested in both its opening and closing statements to the jury that Oland lied about the jacket, and the argument may have been the clinching element for the conviction, Drapeau said.
"The deliberations lasted some 30 hours, and the 'bare' lie may well have provided the argument that brought to the Crown's side one or more wavering jurors."
The appeal court ordered a new trial.
Drapeau rejected a defence bid for an outright acquittal, saying it disagreed the verdict was unreasonable despite the absence of a "smoking gun" and the gaps in the prosecution's evidence.
"The jury's guilty verdict is neither unreasonable nor unsupported by the evidence," Drapeau said.
The Crown has 10 days to review the ruling before making its planned application to the Supreme Court of Canada for leave to appeal. The defence has said it may ask the top court for an outright acquittal.

Richard Oland suffered 45 blunt and sharp-force blows to his head, neck and hands, although no murder weapon was ever found.

Dennis Oland, who is currently free on bail, is a former financial planner and a scion of one of the Maritimes' most prominent families, the founders of Moosehead Breweries Limited. His uncle, Moosehead executive chairman Derek Oland, has repeatedly proclaimed his nephew's innocence, as have other family members.
By Rob Roberts in Halifax

Have faith

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1653 on: March 23, 2017, 12:19:12 PM »

"The Supreme Court of Canada says the New Brunswick Court of Appeal made a mistake by denying Dennis Oland bail while he waited to appeal his second-degree murder conviction in the 2011 bludgeoning death of his father, multimillionaire Richard Oland.
EXCERPT:
In a unanimous, precedent-setting decision released on Thursday morning, the country's highest court says Oland was wrongly denied bail and that it would have set aside Oland's detention order.

"By all accounts, aside from the seriousness of the offence for which Mr. Oland was convicted, he presented as an ideal candidate for bail," states the decision written by Justice Michael Moldaver on behalf of the nine-justice panel.

He was not considered a danger to the public, he was not considered a flight risk, and the grounds of his conviction appeal were not considered "frivolous," the statement said.



http://www.cbc.ca/news/canada/new-brunswick/dennis-oland-supreme-court-bail-decision-1.4035153

capeheart

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1654 on: March 23, 2017, 03:26:31 PM »
I actually do not think that anyone who has been convicted of murder, in any form or fashion, should be granted bail. They were convicted of killing a human being and in this case, his father. "Guilty" was the verdict of the jury. So in my opinion, the jury has spoken, no bail. A violent murder, according to the evidence. In other words, oh, it's okay to kill daddy, I don't agree. I mean that is even worse than anything. Now it will be forever before he gets the new trial. So this man could just get away with murder, because he has money. I just know that is the way the world works, if you got money, you can get away with anything.  >:( >:( >:( >:( >:( >:( >:(

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1655 on: March 23, 2017, 09:36:56 PM »
This Globe and Mail article better explains the Supreme Court's reasoning behind their decision, which will affect all future bail hearings in Canada.

http://www.theglobeandmail.com/news/national/dennis-oland-bail-supreme-court/article34393751/

RubyRose

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1656 on: March 24, 2017, 05:26:42 AM »
This ruling may be fine in cases such as the Oland case in which the defendant does meet all criteria for bail.  The danger I have always seen is that it will also be misused.  Despite however strict the conditions set down may be, I have no doubt that there will be instances where a good defence lawyer, through some loophole and they will exist, will be able to obtain bail for defendants who are a danger to the public.  It will be interesting to see how it may play out in the Vader appeal(s) in Alberta.  On the surface it would appear Vader wouldn't stand a chance of obtaining bail but only time will tell.  That's just an example, of course.  There will be many others.

I don't necessarily disagree with the ruling but the potential is certainly there for misuse.



jellybean

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1659 on: May 18, 2017, 03:37:13 PM »
Quote
The forensic testing of Oland's jacket, which found four "miniscule specks of blood" and DNA matching the victim's profile, raises an issue of public importance, according to the defence.

First - there was also blood on the inner lining of the jacket..... this observation appears to have been dropped from discussion by the lawyers.  Defence would have the judges believe that there were four tiny specs of blood on the jacket.  There was more than that - and as I said on the lining.

Dna is dna - search warrant whether current or not, cannot change the blood dna evidence of
of the victim on Dennis' jacket.

Lapse of memory re colour of jacket.

At first, I bought into this - but - at his own trial he said that he often carried an extra jacket.
Besides that evening upon arriving home, he went upstairs and changed his clothes, and his wife made him go back upstairs and hang up his clothes.  Surely he would remember what he had to hang up. He would have handled that jacket twice within a short span of time in his bedroom.

In addition, I believe Dennis was in the car when his wife either dropped off the jacket or picked up the jacket.  The owners wife testified to that.

It is almost impossible to discern whether Dennis was confused or whether he lied.
We know his answer was wrong - but was it intentional?   We will never really know the truth.
Frankly, Dennis had a propensity to give half truths, or lies.  eg lied to his wife and his employer - and he was known for lying when it suited him.



jb
« Last Edit: May 18, 2017, 03:48:40 PM by jellybean »

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1660 on: May 18, 2017, 07:01:27 PM »
Good points JB.

I am going to buy this book, to read what we didn't hear at the pre-trial and also during the trial, by the reporter who was at both. Her book has generated good reviews, unlike another one.

https://www.amazon.ca/Shadow-Doubt-Trial-Dennis-Oland/product-reviews/0864929218/ref=dpx_acr_txt?showViewpoints=1

jellybean

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1661 on: May 20, 2017, 03:19:56 PM »
Thank you Have Faith for the link!! I ordered the book, in addition I ended up ordering a table cloth and placed the payment  on my Mr. V.

I hope this does not become a habit of mine - as Amazon is an Amazing site, and self control is absolute! At times, I weaken.

Looking forward to reading it! (and I hope the tablecloth fits!) :)

Ta!

JB
« Last Edit: May 20, 2017, 03:27:09 PM by jellybean »

jellybean

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1662 on: May 20, 2017, 03:35:37 PM »
Thank you very much Have Faith for keeping us to up to speed.

Quote

So?  Wasn't that part of the evidence that pointed towards his guilt?
clear national importance? Computer's, pings, etc, are always considered in criminal cases, so what is new? 

This is perhaps a bit of a national importance, in a threadbare kind of way, but definitely important in this case.  imo.

If the defense had it's way they would take away all computer evidence, as well as all dna evidence in this case, the jacket, and say that it was of no importance.

I fail to see the logic.  Logic or common sense has a huge bearing on decisions made by a jury.  That drives we common folk when we look at evidence and come to a decision.


Regardless as to how the jacket was stored by police, or their sloppy paper work, the dna was Dick's. 

The cell phone was missing - and it pinged in the area of Rothesay, the warf area.
Who else would have it?  And Dennis had a motive - Diane, the mistress,  a possible divorce of his parents, thus loss of inheritance to the mistress,  and his own pending financial disaster.
Not to mention how his family was treated by his father over the years.

Dennis had an opportunity to be tried by judge. He chose to be tried by his peers, and with the total accumulation of evidence they came to a guilty verdict.

Question?  Would the verdict have been different if Dennis chose trial by judge?

I think Judge Walsh gave Dennis every benefit of the doubt that law would provide. Just because he did not tell the jury that Dennis may have forgotten what colour of jacket worn should be taken into consideration when determining guilt or innocent is a stretch!

Quote
The judge, the appeal court ruled, should have instructed the jurors that even if they thought Oland lied, they should not consider that in weighing his guilt or innocence unless they had independent evidence it was a lie concocted to conceal his involvement in his father's murder.

If the jury, on their own, decided to leave the colour of the jacket out of the equation, giving Dennis the benefit of the doubt on that point, other evidence would still add up to guilt.

For all we know, the jury may not have  taken that into account.  If they were not sure if Dennis simply forgot or lied, they could easily have disregarded that portion of the trial when they sat down to consider guilt or innocent.

Whether Dennis lied about the colour of jacket is a moot point.  It is the totality of the evidence that matters.

We will never know if the jury gave Dennis the benefit of the doubt as to the colour of jacket worn that day. Whether Dennis remembers, or had forgotten, Dicks secretary as a witness  testified that Dennis wore the brown jacket.

The outcome of this will be interesting.

JB
« Last Edit: May 20, 2017, 08:11:36 PM by jellybean »

jellybean

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1663 on: May 24, 2017, 11:10:37 AM »
An excellent summation of this murder. Info that is new to this site.

https://en.wikipedia.org/wiki/Murder_of_Richard_Oland#Crime_Scene

Did you know that Richard's phone was still working three days after his murder?
Did you know that Richard lived 8 to 10 minutes after the attack?

JB

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1664 on: May 24, 2017, 08:08:58 PM »
An excellent summation of this murder. Info that is new to this site.

https://en.wikipedia.org/wiki/Murder_of_Richard_Oland#Crime_Scene

Did you know that Richard's phone was still working three days after his murder?
Did you know that Richard lived 8 to 10 minutes after the attack?

JB

Yes I remember that Richard's phone was still working three days after his murder.
Richard was alive during the attack, as evidenced by four defensive wounds to his hands, but I believe an expert stated that one of the fatal blows would have caused him to die within a minute or two. (not ten minutes after the attack).

I am glad you ordered the book JB. I have to wait until I have the time to read it. Too darn busy right now. Does the tablecloth fit? lol

Re the list of suspects. I didn't know that Galen McFadden's blood was also found outside of the bathroom sink and paper towel in the trash can. It was also found on the curtain in Richard's office. I also thought it was odd that his father Robert refused to provide a DNA sample to police, and they had to get one by secretly following him. No results were ever disclosed about Robert's DNA results, but I always wondered why LE dismissed Galen's blood at the crime scene, as being unrelated to the murder. Maybe he had a nose bleed that day which was witnessed by someone other than his father.

The other thing that has been passed over, is that Richard had alcohol in his blood. He never left the office that day, and his assistant stated he was adamant that no alcohol was stored in the office. I expect that the two insurance reps denied they brought booze for their morning appointment that day. Of course they wouldn't. I am trying to imagine, who would arrive at Dick's office, after Maureen left, with perhaps a bottle of wine, which Dick was happy to indulge in. Obviously it would be a social situation. He had just returned from being away for a few weeks. I can't see Dennis bringing booze for his surprise meeting, knowing that his dad didn't condone it, and knowing he had to get home. I can think of one intimate, romantic  person who would think of that, and who would be eager to see him after two weeks. This would be probably be their first chance to be together after his trip. I also read her many texts as being almost staged as an alibi, or she is just a jealous stalker. She was infuriated that he wouldn't call or text her back that day, and then much later turned all loving and worried. But LE seem to have proof that "her" phone activity was from or near her home.

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). His Will does not leave one cent to his mistress, who stated that Dick was ready to leave his wife and marry her. I don't think Dick had any intention of leaving his wife. He had never even admitted to having an affair. Dick met with insurers, not lawyers that morning, and therefore, it had nothing to do with changing his Will.

I haven't read the book yet. But what I read on the link JB provided, I can't believe this case was committed to trial by the judge LeBlanc.

-LeBlanc told the Crown they had "failed to establish a reason for Dennis Oland to kill his father" as Connie, Richard's wife, received the $37 million inheritance, not Dennis.[21] He also said the Crown had no evidence showing that Dennis asked for money or that being denied money would cause Dennis to be violent against his father.

-LeBlanc said that "quite surprisingly" Richard's cell phone company had shown Richard's phone to still be functioning 3 days after his murder.[21] He said he was not satisfied with the cell phone information, saying the records and test calls done by police did not provide sufficient evidence that the phone was "anywhere near that tower." He said "a jury could conclude Richard Oland's cell phone was outside Canada on July 9."

-(Maureen Adamson said Dick was happy to see Dennis). LeBlanc said that Adamson's testimony "would allow a jury to conclude as to an absence of animosity." The jacket evidence was a bit more confusing for LeBlanc. (Re Dennis saying he wore a blue jacket).

-LeBlanc indicated he felt the police presumed Dennis's guilt too quickly; "this conclusion on their part was totally unjustified and indeed irrational. The police merely had a hunch, and an unsubstantiated one at that." He asked why Dennis would keep a blood-stained jacket, but dispose of the murder weapon and iPhone. He also questioned why Dennis would keep the cleaning tag on after being told he was a suspect, along with the dry-cleaning receipt and his other clothing from the night of the murder did not contain any blood.

-He said Dennis's behaviour after Richard's murder "appears to be inconsistent with the behaviour expected from someone who committed a crime of extreme violence.

-And in spite of "Police analysts testified "the person who created these injuries would have significant bloodstains/spatter on their person and would be expected to transfer blood stains to the surfaces of other objects the person came in contact with." And despite forensic testing-"Ten different areas of the car were swabbed, including the driver's side door inside latch and handle, the trunk release button, the headlight switch, signal light switch, the steering wheel, the emergency brake, and seats of the car.[45] The swabs were sent away on July 21, 2011, for forensic testing at the RCMP crime lab in Nova Scotia, but no blood or DNA was detected through these tests, either.[24][45]

Smith did not find blood or DNA in the laces, stitching, or tread of any of the 6 pairs of shoes seized from Dennis's home, nor in the red reusable grocery bag Dennis had used to carry genealogy books into Richard's office on July 6, 2011.[1] Smith didn't find any blood in the keys of Dennis's Blackberry cell phone, and Richard's DNA was not found anywhere on the phone."

-And despite the agreed expert testimony, that the miniscule DNA spots on the brown jacket could have been transferred at any time before the murder--
"LeBlanc agreed that Dennis had the opportunity to kill his father, he had his father's DNA on the brown jacket he was wearing, the brown jacket had been dry cleaned after Dennis was informed he was a suspect, he told the police he was wearing a navy blazer, and there were no signs the murder arose from a robbery or forced entry" and LeBlanc committed Dennis to trial.