Author Topic: Richard (Dick) Oland | Murdered | 69 | Saint John  (Read 482362 times)

jellybean

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1575 on: October 22, 2016, 11:41:01 AM »
Motive - the reply by Drapeau on this one is not looking good for Dennis./jb

http://www.cbc.ca/news/canada/new-brunswick/dennis-oland-appeal-murder-richard-defence-1.3808498

Defence lawyers contend the jury verdict in December was "unreasonable" and a "miscarriage of justice." They also argue the trial judge made errors in allowing certain evidence to be admitted and errors in his instructions to the jury.

Alan Gold, who is presenting arguments on behalf of the defence team, suggested to the three-justice appeal panel there was no evidence of animosity between father and son presented at Oland's jury trial last fall.

But Drapeau quoted heavily from Oland's statement to police on July 7, 2011, the day his 69-year-old father's body was discovered lying face down in a pool of blood in his Saint John investment office.

CBC is livestreaming Dennis Oland's murder conviction appeal hearing, which began Tuesday and is expected to end Thursday in the Court of Appeal of New Brunswick.

Oland told police his father was not "the easiest guy in the world to get along with," Drapeau said.

"He talks about his father embarrassing him in front of strangers on a sailboat. He talks about his father humiliating him at a dinner,Gold countered saying those were a few isolated incidents over a number of years.

"In my respectful submission, there's nothing unusual in his description of his relationship with that kind of a father," said Gold.

Drapeau went on to recount the section of Oland's police statement about his father's extramarital affair, when he says his sister, Lisa Bustin, found a bottle of Viagra and thought their father was a "dirty pig."

"Now that, to me, is not a fine relationship between a father and a son," said Drapeau.

Dennis Oland murder appeal hears concerns from top judge about trial
Gold stressed Oland didn't say that was his own opinion; he was only saying what his sister thought.

Drapeau didn't budge.



Oland's lawyers are expected to finish presenting their case by noon on Wednesday. The Appeal Court will then hear arguments from the Crown before rendering a decision, possibly as early as Thursday afternoon.
« Last Edit: October 22, 2016, 01:23:15 PM by jellybean »

jellybean

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1576 on: October 22, 2016, 11:42:04 AM »
Missed your post blueriver. We were posting at the same time.  I will read yours/jb

So far - in my opinion - the judge is more in favor of all of the points raised by the prosecution in this appeal.

jb

jellybean

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1577 on: October 22, 2016, 01:36:44 PM »
About the navy jacket -  - In my mind it COULD lean towards an honest mistake. However, I do note that the detective said that the building had a camera, BUT perhaps Dennis knew that no such camera existed in his father's bldg, thus felt confident in lying about the jacket. So, the answer is up in the air. in my opinion, I don't think the real truth will ever be known/jb

Have Faith
Quote
Although I didn't listen to the actual hearing, I read the daily media blogs, and it is obvious in the blog comments that the "sticking point" is Oland's post-offense behaviour specifically in regard to him telling LE that he wore the navy jacket. This bothers me, because during the LE interview Oland was told that they had surveillance video of him (albeit untrue at that time) and immediately after that statement, asked him what he was wearing. Without hesitation, Oland said the navy jacket, which makes me think that he made a mistake, versus a deceptive lie that would be apparent, since they just told him they had video of what he was wearing. But anyway, the issue seems to be trial Judge Walsh's instructions to the jury in regard to this (an error in law) and also the legal direction in determining if an erroneous statement by an accused denotes guilt or merely an innocent mistake.

capeheart

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1578 on: October 22, 2016, 01:46:35 PM »
I believe definitely that Dennis killed his father. He suffered with a bully kind of father over many years and he finally snapped. I can see that happening. I have seen adult bullies and have encountered it in my own life with a family member. Bullies exist in families, they ruin the lives of others and it makes everyone walk around on egg shells, because they don't know when it is going to happen. A very sad case, but I feel he was convicted because of the evidence. I do believe he could have made a mistake about the jacket, it is hard to know. Men usually don't pay too much attention to their garments, not like women. I say he will not be exonerated and that there will be no appeal. :o :o :o :o :o

jellybean

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1579 on: October 22, 2016, 02:39:26 PM »
Cape; I had a family member, an Uncle, whereby the kids and wife were always walking on egg shells.  They referred to him As The Dragon, out of ear shot of course.  :(

Quote Have faith;

Quote
But anyway, the issue seems to be trial Judge Walsh's instructions to the jury in regard to this (an error in law) and also the legal direction in determining if an erroneous statement by an accused denotes guilt or merely an innocent mistake.

So much of this case is circumstantial - I think they called it a House of Cards.

Surprisingly, it is not the brown jacket with his fathers dna on it, but whether he was purposely lying when he said that he was wearing a navy jacket that day, or if it was an honest mistake, that may give a thumbs down verdict.

Who would have guessed it. :o

If it is an error in law, is it big enough to warrant a new trial, or to have the whole case dropped?

If there was an error in law, were there others? 

If he lied about the jacket, were there other lies?

If he thought he was telling the truth about the jacket being navy, was he speaking the truth in all of his statements?

So much of this case depends upon his believability.  I have never heard of anything like it.


It has always been right from the very beginning - as far as law is concerned.... Dennis you are guilty - now prove your innocence. /jb



Taken from article: http://www.cbc.ca/news/canada/new-brunswick/dennis-oland-appeal-murder-richard-defence-1.3808498 

Here is a human touch

Quote
Oland, who was shackled and flanked by sheriff's deputies in the prisoner's box during Tuesday's court appearance, smiled and joked with family members and other supporters during a short recess.

"You owe me seven bucks for cab fare, Dad," his teenage daughter said. "You should have told him $14," a sheriff's deputy quipped.

jb
« Last Edit: October 22, 2016, 05:04:50 PM by jellybean »

BaySailor

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1580 on: October 22, 2016, 05:36:24 PM »
  To paraphrase, Gold said it was devastating to his client, and Gregory said it was no big deal. lol

I was really surprised at Gregory's comment. In a hearing that is really a conversation among 3 parties a blatant misdirect/ lie like that would make me distrust that lawyers arguments more, but I suppose judges are used to that sort of thing.   

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1581 on: October 22, 2016, 06:03:12 PM »

I am curious as to why Dennis' sister Lisa doesn't appear to be around in the trial or this appeal. Also agree that maximum security is not required for Dennis. But where else do they send a person convicted of murder?

There's a bit of a split there, the biggest tragedy here in IMO, that and the fact that some kids will live with this hanging over their heads regardless of the final decision.

Medium security penitentiarys  have their fare share of murderers in them, and I suspect very low risk offenders go to minimum security before long. I toured Springhill with a corrections officer years ago (I doubt they'd allow that now) and the cell I visited on one wing was that of a fellow convicted for a drug related murder. Security still seemed pretty tight (other than them allowing me in, of course).  Dorchester has both medium and minimum and might be easier to transition an inmate from one to the other, but the old building is a very foreboding place. It feels like an 18th century British asylum (from the outside!)

jellybean

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1583 on: October 23, 2016, 03:49:46 PM »
An Emotional Dennis giving testimony - re Navy Jacket on witness stand during trial/jb

http://www.country94.ca/news/1446924809/dennis-oland-confirms-he-was-wearing-brown-jacket-when-he-went-fathers-office

Quote
During direct examination Dennis Oland confirming he was wearing the brown Hugo Boss jacket when he went to his father's office on July 6, 2011 and that he bought the jacket in 2009. There were three areas confirmed for blood on that brown jacket seized from Dennis Oland's home where the DNA profile matched that of Richard Oland.

Asked why in his interview with Constable Stephen Davidson on July 7, 2011 he said he was wearing a navy jacket on July 6, 2011. Dennis Oland replying, "clearly, I was mistaken."

and -

Quote
Oland testified that he had been wearing a navy blazer the day after his father's death and was just confused   (link found below)


http://www.cbc.ca/radio/day6/episode-308-jeff-lemire-on-secret-path-twitter-taunt-bots-walking-dead-oland-trial-twin-peaks-and-more-1.3810447/found-guilty-of-murdering-his-father-dennis-oland-now-appealing-his-conviction-1.3810456

« Last Edit: October 23, 2016, 07:06:52 PM by jellybean »

Nish

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1584 on: October 24, 2016, 08:21:00 AM »
http://www.cbc.ca/news/canada/new-brunswick/dennis-oland-court-of-appeal-1.3813416

Dennis Oland is getting a new trial.

Agree completely.

Nish

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1585 on: October 24, 2016, 08:35:01 AM »
And now I hope the man is freed on bail until such a time as the Crown can sort themselves out. Anything less would be even more farcical than this has been thus far.

Whether or not we actually see another trial is anyone's guess, really. Given the complete and total boondoggle this turned into, I can see Dennis walking free.

Nish

jellybean

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1586 on: October 24, 2016, 08:45:53 AM »
Exciting news for his family and supporters.  I agree that a new trial is warranted.

The police made a mess of the crime scene, and other errors.

When everything hinged on whether he could recall what colour of jacket he wore that day,
was unfair..... he should have been given the benefit of the doubt in that he made an honest error.  One would think that other evidence would have carried more weight.

Evidence was skimpy, but some of it was powerful.

 DNA on jacket and ping from Dick's phone was never satisfactorily answered by the Defense in my opinion.

Perhaps these questions will be better answered the second time around.

I too can see him, walking free again.

He is now presumed innocent until a new trial.  Bail hearing on Tuesday.

New trial expected to be shorter.

jb
« Last Edit: October 24, 2016, 11:05:27 AM by jellybean »

jellybean

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1587 on: October 24, 2016, 09:15:02 AM »
http://www.cbc.ca/news/canada/new-brunswick/dennis-oland-court-of-appeal-1.3813416

The New Brunswick Court of Appeal has ordered a new trial in the second-degree murder conviction of Dennis Oland in the 2011 death of his father, Richard.

Justice Ernest Drapeau said the conviction was quashed and ordered a bail hearing to be heard at 11 a.m. Tuesday.

Dennis Oland showed little emotion when the ruling was announced but appeared to be fighting back tears while grinning as he stood in the prisoner's box.

Gasps could be heard in the courtroom when the ruling was announced. Oland's mother Connie, his wife Lisa and sister Jacqueline were holding hands, hugging, and crying.

Oland's bail hearing will be heard by Justice Marc Richard, the judge who denied his appeal in February.

Derek Oland issued a statement following the ruling.

"I am very pleased the Supreme Court of New Brunswick has granted a retrial for my nephew, Dennis Oland. We continue to believe Dennis is innocent."

On mobile? Follow the live blog here
Dissension in Oland murder appeal would trigger review
Oland's Supreme Court bail appeal expected to proceed

capeheart

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1588 on: October 24, 2016, 09:59:45 AM »
If this was a poor man, he would never get a new trial, he would have to struggle for ten or more years in jail to even get close. I dare say, he will probably not serve a day after this new trial. The judge said that the jury was not instructed properly on the evidence before they were secluded to make their decision. A lot of ordinary every day people do not understand the double jargon that goes on when they are addressing the jury, it is a long process and it can be confusing when you listen to the way they put it in the legal terms. But it boils down to weighing the evidence against him. I say he will possibly walk after this trial, it just seems that people with money get away with crimes. Does anyone there actually believe that he did not commit this crime. Would there be another suspect, if it was not Dennis, is there someone else that hated this man. We will have to wait and see what happens in the new trial, which is going to be a short one, the judge indicated. A great cost to the tax payers of New Brunswick. :o :o :o :o :o :o :o

jellybean

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1589 on: October 24, 2016, 01:11:58 PM »
According to the following article - Dennis did wear a blue jacket to his own workplace that morning.

https://www.thestar.com/news/canada/2016/10/24/dennis-oland-to-get-a-new-trial-court-of-appeal-rules.htmlvideo evidence that earlier in the day Oland was wearing a blue jacket at his office and may have simply been confused when he spoke to police.

He said he doubts the appeal court ruling raises questions about the validity of jury verdicts,