Author Topic: Richard (Dick) Oland | Murdered | 69 | Saint John  (Read 486505 times)

BaySailor

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1380 on: January 05, 2016, 10:12:30 PM »
That sounds like a pretty good summation to me, jb.

I have no knowledge as what sort of assets Dick kept outside of Far End but it's quite possible there were reasonable amounts kept in RRSP's and other tax deferring investment vehicles, as well as savings accounts and such. With a full time chartered accountant long working for him I would think he has been contributing to such things for many years and thus these alone would have substantial balances, and of course would transfer tax free to his wife upon his death.     

Given McFadden was retained as an employee after Dicks death and his boss would have been Dennis since then I think it's a fair assumption that he has a good working relationship with the family, and that when Connie wants money to pay legal bills, house bills, or Dennis's bills, the cheques come pretty fast.       

jellybean

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1381 on: January 06, 2016, 11:42:04 AM »
http://globalnews.ca/news/2435179/richard-olands-family-wants-inquiry-into-murder-investigation-to-be-public/

January 5, 2016 3:42 pm Updated: January 5, 2016 3:48 pm

By Patrick Odell   Global News

The family of Richard Oland wants the findings of an inquiry into the police investigation of his murder to be made public.
The commission will examine the way police gathered the evidence that allowed the Crown to build their case.

The two women issued a statement after the trial saying they were shocked by the verdict and planned to appeal it as soon as possible.

With Global News files

 

jellybean

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1382 on: January 06, 2016, 04:27:44 PM »
The Oland's are right, in my opinion.  This trial was so public, it is only right that the inquiry of the SJ police's handling of the evidence and it's investigation into Dennis be public as well.
And I mean ALL of it, not selected parts of it - Nor, a public announcement as to their findings, in two paragraphs.  This will still make the public even more suspicious. The public might feel that it is a cover up....and it is to protect the rear ends of the police force.
Just as the trial was public, so should the inquiry. (Guaranteed this will never happen, by the way)


I do hope that an appeal into Dennis conviction be granted.... my reasons being due to the police handling of this case.

One has to trust that the jury came to the right conclusion, with the evidence placed before them.  I for one accept the jury's verdict, provided the evidence used to reach their conclusion of guilt was not tainted or botched. I will never know.
Fine for me to say that I accept it, but I am not facing 25 years in prison.

Since,  apparently many members of the public still have doubts as to Dennis' guilt due to the handling of the case by their police force. (lack of trust) Or at the very least not guilty due to insufficient evidence,  I readily understand their point of view, even though mine differs.

The crime scene was terribly botched, and there is no way of avoiding or skirting around it.
Evidence mishandled.
Fair is Fair? Time to clear the air.

I wish the Oland's every success in their appeal.

jb
« Last Edit: January 06, 2016, 07:25:35 PM by jellybean »

jellybean

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1383 on: January 20, 2016, 12:14:13 PM »
https://ca.news.yahoo.com/dennis-olands-lawyers-file-appeal-murder-conviction-fathers-164731635.html

Dennis Oland's lawyers file appeal of murder conviction in father's death

The Canadian Press   
The Canadian Press
The Canadian Press
January 20, 2016

SAINT JOHN, N.B. - Lawyers for Dennis Oland have filed an appeal of his conviction on a charge of second-degree murder for his father's death.

The appeal alleges the trial judge made multiple errors in his instructions to the jury, and cites his decision to admit certain pieces of evidence including some cell phone records and the results of forensic testing on Oland's brown sports jacket.


They also allege that the Crown prosecutor speculated on a number of points during his address to the jury without questioning the accused on those points during cross-examination.

Oland was found guilty in December of killing Richard Oland in his Saint John, N.B., office in July 2011.

The well-known businessman had suffered 45 blunt and sharp force blows to his head, neck and hands, although no weapon was ever found.

During the trial, the Crown focused on potential motives that included Dennis Oland's financial difficulties and the knowledge his father was having an affair.

The defence has also made application for Oland to be released from jail pending his appeal.
Lawyers will seek bail on Feb. 12, the day after Oland's sentencing hearing.

jellybean

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1384 on: January 20, 2016, 12:25:27 PM »
And - further

http://www.cbc.ca/news/canada/new-brunswick/dennis-oland-murder-appeal-1.3398445

UPDATED
Dennis Oland appeals murder conviction
New Brunswick Court of Appeal has received notice of appeal documents
By Bobbi-Jean MacKinnon, CBC News Posted: Jan 20, 2016 12:29 PM AT Last Updated: Jan 20, 2016 1:59 PM AT

"The verdict of guilty of second-degree murder was an unreasonable verdict in law and not one that a reasonable jury, properly instructed, could judicially have arrived at," the documents state.

The lawyers also cite "misdirection or non-direction" by Court of Queen's Bench Justice John Walsh.

Affidavits by Oland, his mother, Constance (Connie) Oland, and his uncle, Derek Oland, have been filed in support of his request for interim release, pending his appeal.

Derek Oland, who is the executive chairman of Moosehead Breweries, has offered to provide a surety, saying he owns unencumbered assets of at least $1 million.
"I am aware of the responsibilities of being a surety and the potential for forfeiture should Dennis Oland fail to comply with the conditions of his release," the affidavit states.

The matter is scheduled to be heard on Feb. 12.

"There will be no further comment at this time," the Oland family's lawyer, William Teed, said in an emailed statement.

Crown prosecutors could not immediately be reached for comment.

The Crown has 15 days to file a notice of cross-appeal.
« Last Edit: January 20, 2016, 12:29:47 PM by jellybean »

blueriver

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1385 on: January 20, 2016, 05:39:11 PM »
An honest try by the defense and not unexpected. "The appeal alleges the trial judge made multiple errors in his instructions to the jury, and cites his decision to admit certain pieces of evidence including some cell phone records and the results of forensic testing on Oland's brown sports jacket."

The judges's decision to admit some cell phone records - not that I am a lawyer or anything - but what cell phone records were admitted other than the girlfriend and Richard's. I can't remember. I would be interested in hearing where Dennis's cell phone pinged when his wife called him. And of course the defense has to question the results of the forensic testing on his jacket. Seems to me, the cell phone records and the jacket were the main evidence against Dennis. Except maybe the financial motive.

In order to win an appeal, as I understand it, there has to be an error in law or by the judge or new evidence. No mention of new evidence.

http://www.courtofappealbc.ca/appeal-conviction-guidebook/step-1.2-reasons-for-appealing-your-conviction

'Unreasonable verdict

You may appeal your conviction if the verdict was unreasonable, given the evidence presented. Challenging a conviction on the grounds of unreasonable verdict focuses only on the weakness of the evidence. You must persuade the appeal court that the evidence was too weak for reasonable jurors to find you guilty beyond a reasonable doubt.'


I realize the above link is for BC but it shows an explanation of an "unreasonable verdict" and it came up when I googled 'unreasonable verdict'. I wonder how long it takes for an appeal to be heard? Good luck to Dennis on his bail hearing.
« Last Edit: January 20, 2016, 05:49:29 PM by blueriver »

jellybean

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1386 on: January 20, 2016, 11:30:04 PM »
Thank you blueriver. This is very helpful - To answer your question, the cell phone ring bounced off of the Rothesay tower, which also accommodated the wharf where Dennis Oland was sitting on at the time - 6:44 pm, when Diane sent a message to Dick. 

I wonder if the defense has filled this request with valid points for an appeal to either overturn the conviction or to receive a new trial?

quote blueriver
Quote
In order to win an appeal, as I understand it, there has to be an error in law or by the judge or new evidence. No mention of new evidence.

http://www.courtofappealbc.ca/appeal-conviction-guidebook/step-1.2-reasons-for-appealing-your-conviction

'Unreasonable verdict

You may appeal your conviction if the verdict was unreasonable, given the evidence presented. Challenging a conviction on the grounds of unreasonable verdict focuses only on the weakness of the evidence. You must persuade the appeal court that the evidence was too weak for reasonable jurors to find you guilty beyond a reasonable doubt.'
.

http://www.cbc.ca/news/canada/new-brunswick/dennis-oland-murder-appeal-1.3398445engaged in speculation" on several issues during his closing address to the jury, including an alleged spontaneous argument Oland had with his father over money or his father's extramarital affair, "notwithstanding a complete absence of any evidence in support of such extravagant claims," and without questioning Oland about the allegations during cross-examination.[/quote]

(was that not alluded to in opening statement by the prosecution?) Was it necessary to ask these questions to Dennis, when he was on the witness stand? He would have denied them anyway.  Did he not say on the stand that he loved his father and would never harm him?
Should that have been enough... for the prosecution to move on??
And they did move on....

and about bail =

Quote
Affidavits by Oland, his mother, Constance (Connie) Oland, and his uncle, Derek Oland, have been filed in support of his request for interim release.

Oland contends he is not a flight risk. He notes he took multiple trips out of the country following his father's slaying and always returned. He also abided by the conditions of his bail while awaiting trial.

"If this honourable court were to release me pending my appeal, I would keep the peace and be of good behaviour and comply with whatever reasonable conditions this honourable court may impose," the affidavit states.

If released, Oland says he would live with his wife, Lisa, at their home in Rothesay, and resume serving as director of his father's three companies.


'I further believe that my son respects me and would not do anything to jeopardize my trust in him.'
- Constance Oland, convicted murderer's mother
His mother says she believes he would fully comply with any conditions if he is released.

"I further believe that my son respects me and would not do anything to jeopardize my trust in him," her sworn affidavit states.

"In the event that I learn that my son has failed to comply with any of the conditions of his release, I will contact the Saint John Police Force and advise them accordingly."

Derek Oland, who is the executive chairman of Moosehead Breweries, has offered to provide a surety for his nephew again, saying he owns unencumbered assets of at least $1 million.

"I am aware of the responsibilities of being a surety and the potential for forfeiture should Dennis Oland fail to comply with the conditions of his release," the affidavit states.

Derek Oland provided a $50,000 surety in November 2013, when his nephew was released, pending his trial.

The latest bail request is scheduled to be heard at Fredericton's Justice Building on Feb. 12 at 10 a.m., the day after the sentencing hearing.

Dennis  is in custody at the Saint John Regional Correctional Centre, according to the documents, and is scheduled to have a sentencing hearing at the Saint John Law Courts building on Feb. 11 at 9:30 a.m.
---------------------------------------------------------------------------------------------------------
« Last Edit: January 21, 2016, 01:55:10 AM by jellybean »

debbiec

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1387 on: January 21, 2016, 11:29:23 AM »
Dennis Oland's family offered to post reward to find father's killer
Reward revealed in court documents filed in appeal of Oland's murder conviction in death of Richard Oland
http://www.cbc.ca/news/canada/new-brunswick/dennis-oland-reward-police-1.3412616

blueriver

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1388 on: January 21, 2016, 05:50:08 PM »
Dennis Oland's family offered to post reward to find father's killer
Reward revealed in court documents filed in appeal of Oland's murder conviction in death of Richard Oland

By Bobbi-Jean MacKinnon, CBC News  Posted: Jan 20, 2016 8:14 PM AT| Last Updated: Jan 20, 2016 8:50 PM AT


Dennis Oland's family offered to post a reward for information leading to the arrest of his father's killer, but Saint John police turned down the offer, according to documents filed with the Court of Appeal of New Brunswick on Wednesday.

Oland, 47, was found guilty by a jury last month of second-degree murder in the 2011 bludgeoning death of prominent businessman Richard Oland.

He is appealing his conviction and seeking bail, pending the appeal.

Oland mentions the reward in a sworn affidavit filed in support of his request for interim release.

"I am advised by (lawyer) William Teed, and do verily believe, that on September 27, 2011, acting on behalf of my mother and sisters, he met with (then) Police Chief Bill Reid to offer a reward on behalf of my family for anyone providing information leading to the arrest of my father's killer," the affidavit states.

- Dennis Oland, sworn affidavit

No dollar amount is indicated.

"Reid declined the offer telling [Teed] that it would be unethical for the Saint John Police [Force] to accept it from my family because they believed that I was the person responsible for the death of my father," the affidavit states.http://www.cbc.ca/news/canada/new-brunswick/dennis-oland-reward-police-1.3412616

BBM. Thanks. Unethical? If the Oland family wanted to offer a reward, why not? It's their money.

blueriver

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1389 on: January 21, 2016, 05:59:59 PM »
Thank you blueriver. This is very helpful - To answer your question, the cell phone ring bounced off of the Rothesay tower, which also accommodated the wharf where Dennis Oland was sitting on at the time - 6:44 pm, when Diane sent a message to Dick. 

I wonder if the defense has filled this request with valid points for an appeal to either overturn the conviction or to receive a new trial?

quote blueriver
Quote
In order to win an appeal, as I understand it, there has to be an error in law or by the judge or new evidence. No mention of new evidence.

http://www.courtofappealbc.ca/appeal-conviction-guidebook/step-1.2-reasons-for-appealing-your-conviction

'Unreasonable verdict

You may appeal your conviction if the verdict was unreasonable, given the evidence presented. Challenging a conviction on the grounds of unreasonable verdict focuses only on the weakness of the evidence. You must persuade the appeal court that the evidence was too weak for reasonable jurors to find you guilty beyond a reasonable doubt.'
.

http://www.cbc.ca/news/canada/new-brunswick/dennis-oland-murder-appeal-1.3398445engaged in speculation" on several issues during his closing address to the jury, including an alleged spontaneous argument Oland had with his father over money or his father's extramarital affair, "notwithstanding a complete absence of any evidence in support of such extravagant claims," and without questioning Oland about the allegations during cross-examination.

(was that not alluded to in opening statement by the prosecution?) Was it necessary to ask these questions to Dennis, when he was on the witness stand? He would have denied them anyway.  Did he not say on the stand that he loved his father and would never harm him?
Should that have been enough... for the prosecution to move on??
And they did move on....

and about bail =

Quote
Affidavits by Oland, his mother, Constance (Connie) Oland, and his uncle, Derek Oland, have been filed in support of his request for interim release.

Oland contends he is not a flight risk. He notes he took multiple trips out of the country following his father's slaying and always returned. He also abided by the conditions of his bail while awaiting trial.

"If this honourable court were to release me pending my appeal, I would keep the peace and be of good behaviour and comply with whatever reasonable conditions this honourable court may impose," the affidavit states.

If released, Oland says he would live with his wife, Lisa, at their home in Rothesay, and resume serving as director of his father's three companies.


'I further believe that my son respects me and would not do anything to jeopardize my trust in him.'
- Constance Oland, convicted murderer's mother
His mother says she believes he would fully comply with any conditions if he is released.

"I further believe that my son respects me and would not do anything to jeopardize my trust in him," her sworn affidavit states.

"In the event that I learn that my son has failed to comply with any of the conditions of his release, I will contact the Saint John Police Force and advise them accordingly."

Derek Oland, who is the executive chairman of Moosehead Breweries, has offered to provide a surety for his nephew again, saying he owns unencumbered assets of at least $1 million.

"I am aware of the responsibilities of being a surety and the potential for forfeiture should Dennis Oland fail to comply with the conditions of his release," the affidavit states.

Derek Oland provided a $50,000 surety in November 2013, when his nephew was released, pending his trial.

The latest bail request is scheduled to be heard at Fredericton's Justice Building on Feb. 12 at 10 a.m., the day after the sentencing hearing.

Dennis  is in custody at the Saint John Regional Correctional Centre, according to the documents, and is scheduled to have a sentencing hearing at the Saint John Law Courts building on Feb. 11 at 9:30 a.m.
---------------------------------------------------------------------------------------------------------

I remember the ping testimony and time it pinged and Dennis in his police interview saying he was at the wharf at the same time. I just don't know what cell phone records the defense in referring to in this article.

Also, if I remember correctly, the warrant expired before they had tested the jacket, not that the warrant didn't authorize forensic testing. I would think, but don't know, that if police seize stuff through a warrant, they can have it forensically tested for evidence. Maybe someone else here knows these details.

And the prosecution speculated in their closing arguments....

I guess it is just all lawyerese. This is what their job is, what they are paid for.

BaySailor

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1390 on: January 21, 2016, 08:45:31 PM »

Unethical? If the Oland family wanted to offer a reward, why not? It's their money.

I think it would indeed be unethical for a reward to be offered through the police department when they are pursuing the arrest and conviction of an individual they believe to be the killer. If the Olands truly wanted to offer a reward they could do so without using the police department as a conduit for it, yet they have not. That seems to make it a ploy to show their support for Dennis's innocence rather than a legitimate attempt to pursue another person. If not, they should post a reward tomorrow through their lawyers or a private agency. The family has at least 37 million dollars with which to hire investigators and/or post rewards.         

jellybean

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1391 on: January 21, 2016, 08:59:51 PM »

Unethical? If the Oland family wanted to offer a reward, why not? It's their money.

I think it would indeed be unethical for a reward to be offered through the police department when they are pursuing the arrest and conviction of an individual they believe to be the killer. If the Olands truly wanted to offer a reward they could do so without using the police department as a conduit for it, yet they have not. That seems to make it a ploy to show their support for Dennis's innocence rather than a legitimate attempt to pursue another person. If not, they should post a reward tomorrow through their lawyers or a private agency. The family has at least 37 million dollars with which to hire investigators and/or post rewards.         

I totally agree with your point of view BaySailor. 

In my opinion, the optics of offering reward money to the police are not good.  The Oland's cannot possibly be that naive. They would be fully aware  they could offer a reward publicly on their own, or go through Crime Stoppers.
Yet, they chose the police force.   hmmmmm.
I am glad that their tactic did not work out.
jb
« Last Edit: January 21, 2016, 09:02:56 PM by jellybean »

Have faith

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1392 on: January 21, 2016, 10:57:52 PM »


Well the Oland's have been accused of not doing anything to find the "real" killer.  Now that we know that they offered to finance a reward a couple months after Dick was killed--their motivation is questioned?  They could have been warned to back off or face possible charges of obstructing a police investigation.  A reward not sanctioned by LE, would not guarantee that LE would investigate any leads that came in.  That was obvious when their offer was refused, and you can bet that LE would not be willing to do so now.


From my understanding, LE will refuse a family's offer to post a reward early in their investigation.  This is a time when they are following up on legitimate leads and processing forensic evidence.  They may have a number of suspects or POI that warrant in depth investigation.  A public that may be motivated by a financial reward could generate time consuming tips that are weak at best.


But the stated reason that the SJP refused the reward offer was because basically they knew that Dennis was the killer.  Police Chief Bill Reid didn't refuse because of the logical reasons LE will and should refuse, as I noted above.  Nope--Dennis did it--no need to look for anyone else.


Considering that Reid made that assertion two months before the jacket was even sent for forensic testing, is a scary thought.  IMO it is another example of how tunnel vision set in on day one, and I have no confidence that anyone else was properly investigated.

I had noted that I was concerned about Judge Walsh's extensive instructions to the jury.  The appeal document notes that he made "multiple errors" in his instructions.  It will be interesting to see if that is a valid complaint.


I don't agree that any key evidence should be thrown out due to a technicality.  The jacket should have been admitted as evidence IMO, regardless of the legality of the warrant. 

But one thing that has bothered me and I want to address, are the comments about the Crown blood spatter expert who stated that blood from a sharp object would spatter "sideways".  Some took this as an explanation to the lack of blood on Dennis' clothes.  The defense expert agreed with this, but said that blood spatter from the blunt blows would cause a 360 degree spatter. The Crown expert wasn't asked about the blunt blows spatter.  This 360 degree blood spatter is shown and documented in the crime scene photos.  This is factual. The Crown never disputed his testimony. Yet the defense expert was passed off by some, as a witness who will say whatever he is paid to say.  I hate to repeat myself, but it is obvious, logical deduction, to accept the fact that the killer's clothes would be significantly spattered in blood.  Dennis' clothes were not blood spattered.  The blood on his brown jacket did not show "blood spatter" type stains, regardless of whether he was wearing it or not during the attack.  It was also impossible to confirm how old the stains were.  That pesky jacket was not a slam dunk for the Crown IMO. 



BaySailor

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1393 on: January 22, 2016, 07:47:09 PM »
I do question their motivation. They have enormous financial resources to fund an investigation of their own, and if they wished to they have had several years to do so. Reasonable evidence suggesting the existence of another bona fide suspect is typically used to bolster the defences case; the lack of such in this trials defence presentation suggests strongly to me that none exists. I'm sure they did look into this and we are aware private investigators were hired by someone early in the investigation.

With respect to the blood evidence, sometimes only blood which passes both the presumptive test and the in-depth forensic test can be presented at trial, and the detailed arguments counsel engaged in here that were unreported may well have included such discussions, but we do know that in this case the judge would not allow evidence of blood that passed the first test but not the second. I suspect (and I may be wrong, it's just my belief) that there was much presumptive evidence of blood in Dennis's car and on his clothing that failed the second test, perhaps due to cleaning and laundering.