Author Topic: Richard (Dick) Oland | Murdered | 69 | Saint John  (Read 476416 times)

BaySailor

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1665 on: May 24, 2017, 09:00:06 PM »

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).

jellybean

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1666 on: May 24, 2017, 09:57:30 PM »
Apart from the brown jacket, as physical evidence, where is the rest?
Looks like there wasn't any.

Quote
gt. Mark Smith, head of the forensics unit of the Saint John Police Force, said he spent 3 days following the July 14, 2011 search of Dennis's home doing a "very thorough search" of Dennis's car.[1] 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.[1]
 

jb
« Last Edit: May 24, 2017, 10:16:30 PM by jellybean »

Have faith

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1667 on: May 24, 2017, 10:56:48 PM »

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).

You are right BaySailor, thanks for clarifying the trust condition of the Will.  I would hope that the amount of all legal bills paid out for Dennis would be deducted from his share of the remaining estate. That is the only fair way to handle it, and I would be surprised if that agreement wasn't already in place. Whether he is charged interest on the "loan" is another consideration.

RubyRose

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1668 on: May 27, 2017, 10:37:18 AM »
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

I think you will enjoy Bobbi-Jean's book, jellybean.  It was well researched and very well written, down to earth and easy to follow.  I read both books and would rate both highly.  As well, in the areas in which I had at least some personal knowledge, both seemed accurate.  I'd give Bobbi-Jean's book the edge only because the other one, "Truth and Honor" by Greg Marquis appears to be written more from a legal point of view (He is after all a law professor) and the going could get a bit dry at times.  I can't say I learned anything of which I wasn't already aware from the McKinnon book but there were a couple of things I didn't know before reading the Marquis book.  He flirts with a possible motive in addition to those put forward by the Crown (I won't go into it in case someone wishes to read the book and hasn't already).   This information may or may not have been available early in the police investigation but it would have been a matter of public record at the time of the trial although to the best of my recollection no mention was made of it, so again the Jury may or may not have been aware.  Given future outcomes for Dennis and his wife, Marquis may well have been on to something.  The other thing was a witness who, in my opinion at least, could possibly have helped the Defence case and of whom the Defence was aware but for reasons best known to themselves chose not to call.

I think while both authors did strive to be objective, Bobbi-Jean held on to her objectivity while Marquis may have already had a preconceived idea and it tends to show through particularly at the end of the trial when the verdict is handed down.  I can't personally say that anything in either book changed my own opinion.  At the beginning of his trial I leaned toward Dennis being innocent.  I now believe the Jury reached the right verdict.  No worries.  I won't be called for jury duty (too old) in the event of another trial (not that I seriously believe there ever will be one).

Happy reading!

jellybean

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1669 on: May 27, 2017, 02:03:42 PM »
Thank you Ruby Rose.  I am still waiting for the book - the tablecloth arrived and it fits!!
surpise, surprise.

Dick was found with human hair in his hands, and according to Wicki - it was not checked for dna as the hair did not have it's folicules.

I guess, I have been watching too many of the Forensic Files series, but human hair can be compared to suspects.  By comparing it's shafts.  Not to mention, colour, if it is dyed and what have you. I wonder if that was ever done?

Was that ever brought up at trial?

Have Faith
Quote
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.

The accountant did testify that on a number of occasions, upon his morning arrival,  he would find two wine glasses in the office.

So...... nothing stopping someone to take a trip to the office to speak to him in person, since he was not answering his phone, when he was alive.  Regardless, someone went to the office that evening, that is for sure!!  Checking the hair found in Dick's hands might have eliminated suspects, or would have pointed in a different direction. imo.
« Last Edit: May 27, 2017, 02:23:00 PM by jellybean »

jellybean

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1670 on: June 05, 2017, 01:54:04 PM »
Got the book!!  Eating grapes, and reading book non stop. (both - grapes and book).

Cannot put it down.

Thanks for pointing me towards it, Ruby Rose and Have Faith

Much appreciated :)

JB

jellybean

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1671 on: June 23, 2017, 11:25:50 AM »
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

BaySailor

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1672 on: June 23, 2017, 10:49:30 PM »
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.

RubyRose

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1673 on: June 24, 2017, 04:39:34 AM »
I've heard of this previously, Bay Sailor, but have never experienced it.

It would seem to me the logical course of action would have been to check the cell phone records to determine the city but the way I understood it there was no evidence that this had been done.

It didn't particularly change anything for me since both judges determined the other cell phone evidence was more significant but it's worth thinking about nonetheless.

jellybean

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1674 on: June 24, 2017, 10:41:49 AM »
quote Baysailor

Quote
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.

So who went sailing three days after Dick's murder?

Hmm....
Wouldn't it be funny, if whomever had the phone, automatically answered it - out of habit?

Ring, ring - Hello!!  lol ;D

JB
« Last Edit: June 24, 2017, 10:50:59 AM by jellybean »

jellybean

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1675 on: June 27, 2017, 11:07:58 AM »
A long read, if you have a short attention span, but worth the effort :)

http://www.cbc.ca/news/canada/new-brunswick/dennis-oland-supreme-court-murder-conviction-1.4105752'Unreasonable' verdictForensic testing of jacket challenged

Oland's lawyers also contend police did not have the authority to forensically test his brown sports jacket, which was found to have four small bloodstains on it and DNA matching his father's profile.

Although the Crown suggests the "established practice" is that an item properly seized through a search warrant can be tested without any further judicial authorization, the defence says "the time has come to require pre-authorization" for forensic examination of seized items.

Dennis Oland's brown sports jacket, Sgt. Brian Wentzell photo
The brown Hugo Boss jacket seized from Dennis Oland's closet had four small bloodstains on it and DNA matching his father's profile. (Court exhibit)

They note the Supreme Court recently ruled pre-authorization is required for computer searches, "given the unique privacy concerns."

"There is a clear analogy between computer and DNA searches: both provide access to highly personal information through the use of technology that could not have been contemplated in prior generations," the document states.

Incorrect statement to police

The third point of contention deals with the judge's instructions to the jury about Oland's incorrect statement to police regarding what jacket he was wearing when he went to visit his father at his office on July 6, 2011, the night of the murder.

Oland told police he was wearing a navy blazer but video surveillance and witness testimony showed he was actually wearing the blood-stained brown sports jacket.

'The case at hand concerns apparently benign conduct, where an innocent inference is at least as compelling as the inculpatory inference urged by the Crown.'
- Oland defence lawyers
His lawyers argue the judge should have given a special instruction that his "after-the-fact conduct" had "no probative value" in weighing his guilt or innocence unless the jurors had independent evidence it was a lie concocted to conceal his involvement in the murder.

"The case at hand concerns apparently benign conduct, where an innocent inference is at least as compelling as the inculpatory inference urged by the Crown," the document states.

'Dangers' of computer generated evidence

The defence also continues to challenge the reliability and admissibility of evidence extracted from the victim's computers and iPhone call detail records.

"It is fallacious to assume that computers always work properly," they argue.

They urge the Supreme Court to weigh in on the issue and rule "in a manner that provides adequate protection against the 'black box dangers' inherent in computer generated evidence."

Cross-examination of accused

Alan Gold, Dennis Oland's defence lawyer
Alan Gold is one of Dennis Oland's three defence lawyers. (CBC)

The final issue the defence wants the country's highest court to rule on deals with the Crown's cross-examination of an accused.

The defence argues prosecutors should have been required to cross-examine Oland on their "speculative" motive that he flew into a rage after an argument over money or his father's extramarital affair.

They want the Supreme Court to rule the Crown is "obligated to confront the accused with inculpatory inferences it later asks the jury to draw in summation."

The body of Richard Oland, 69, was found badly beaten in a pool of blood in his office on July 7, 2011.  He had suffered 45 blows to his head, neck and hands. No weapon was ever found.

His son was the last known person to see him alive, during his visit to the elder Oland's office the night before.

Dennis Oland's extended family has maintained his innocence from the beginning.

Scheduling a new trial for Oland has been postponed until the Supreme Court decides whether it will hear the matter.

Oland is living in Rothesay under conditions, awaiting his new trial.

   
« Last Edit: June 27, 2017, 11:12:47 AM by jellybean »

Have faith

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1676 on: July 13, 2017, 11:39:25 AM »
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

BaySailor

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1677 on: July 13, 2017, 12:12:13 PM »
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?

Have faith

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1678 on: July 13, 2017, 12:57:25 PM »
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?

BaySailor

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1679 on: July 13, 2017, 02:44:50 PM »
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!