Author Topic: Richard (Dick) Oland | Murdered | 69 | Saint John  (Read 432234 times)

jellybean

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1680 on: July 13, 2017, 05:32:10 PM »
This time around, who has the choice? Re; by judge or jury? Prosecution or Defendant?

jb

BaySailor

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1681 on: July 13, 2017, 07:22:40 PM »
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.     
« Last Edit: July 13, 2017, 07:38:10 PM by BaySailor »

jellybean

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1682 on: July 13, 2017, 10:38:03 PM »
Quote
but the defence or Crown can request a judge-alone trial. The other party must consent and its decision cannot be appealed.

Who gets the request (who goes first?} Would it go to whomever files the request first? ie - by judge.

JB

Have faith

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1683 on: July 14, 2017, 06:13:13 PM »
Quote
but the defence or Crown can request a judge-alone trial. The other party must consent and its decision cannot be appealed.

Who gets the request (who goes first?} Would it go to whomever files the request first? ie - by judge.

JB

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.

It seems obvious to me, that the Crown wants another trial by jury, since they got a guilty verdict in the first jury trial. Broke or not--and good luck finding an impartial jury! If I was to guess, I think Dennis might have a better chance with a judge, due to the legal interpretation of "guilty beyond a reasonable doubt".  JMO


jellybean

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1684 on: July 15, 2017, 04:26:26 PM »
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

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1685 on: July 16, 2017, 12:46:05 AM »
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.

jellybean

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1686 on: July 16, 2017, 11:32:14 PM »
Thanks Bay Sailor.  -  I  agree that  D. might want trial by judge. He did not have much luck with jury.

Is this trial still "the talk of the town"? -  Or has it been hushed down?

jb
« Last Edit: July 16, 2017, 11:37:39 PM by jellybean »

Have faith

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1687 on: September 06, 2017, 09:43:07 PM »
Just an update on the trial scheduling which has been delayed again by unresolved issues. I found this quote by Judge Morrison interesting ---"Morrison said he had hoped the pre-trial conference could be held sooner, but he understands there is the "possibility of an application that may require additional evidence and some health issues that may prevent that from happening in October." He did not elaborate." ???

http://www.cbc.ca/news/canada/new-brunswick/dennis-oland-murder-trial-date-1.4272129

RubyRose

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1688 on: September 11, 2017, 09:50:42 AM »
I had the impression from the news article that I read, Have Faith, that it may have been related to the illness of one of the lawyers - can't remember now whether Crown or Defence .  I haven't been particularly following it much lately and unless something very new and startling is revealed either before or during the next trial, I probably won't bother then, either.  There was one witness (I had posted on it here somewhere earlier) who I thought could have helped Dennis considerably last time but although they were aware of her, the Defence chose not to call her.  They may choose to do so next time.  Not sure her testimony would have the same impact now, though.  Since it was possible she could have made a huge difference, (At the time she would likely have testified, I was still leaning toward "Not Guilty")I think most people would question why she wasn't called in the first place so they may have missed the boat on that one.

jellybean

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1689 on: November 25, 2017, 09:09:25 PM »
Poor Dennis - victimized again!  Second trial should be interesting and I predict that he will "be found innocent of charges".

That tired brown sports jacket evidence will be thrown out!! Top of the line expensive sports jacket or not!!  Simply because Dennis recalled wearing a blue one, not a brown one, and  after all, he,  Dennis just  made an honest mistake.

Frankly, doesn't NB have other prisons, for those who are "milk toast" like Dennis?
He was convicted of killing his own father, but violent in other ways - he was not!!

I hope that he stays away from brown jackets when he goes to trial the second time around.  Perhaps a navy blue brazer with a crest on it? -
jb
« Last Edit: November 25, 2017, 09:21:14 PM by jellybean »

jellybean

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1690 on: January 05, 2018, 11:21:30 AM »
I had the impression from the news article that I read, Have Faith, that it may have been related to the illness of one of the lawyers - can't remember now whether Crown or Defence .  I haven't been particularly following it much lately and unless something very new and startling is revealed either before or during the next trial, I probably won't bother then, either.  There was one witness (I had posted on it here somewhere earlier) who I thought could have helped Dennis considerably last time but although they were aware of her, the Defence chose not to call her.  They may choose to do so next time.  Not sure her testimony would have the same impact now, though.  Since it was possible she could have made a huge difference, (At the time she would likely have testified, I was still leaning toward "Not Guilty")I think most people would question why she wasn't called in the first place so they may have missed the boat on that one.

Who was the woman?  Wracking my brains = Help!

Thanks RubyRose

jb
« Last Edit: January 05, 2018, 02:10:41 PM by jellybean »

RubyRose

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1691 on: February 02, 2018, 01:49:16 PM »
I had the impression from the news article that I read, Have Faith, that it may have been related to the illness of one of the lawyers - can't remember now whether Crown or Defence .  I haven't been particularly following it much lately and unless something very new and startling is revealed either before or during the next trial, I probably won't bother then, either.  There was one witness (I had posted on it here somewhere earlier) who I thought could have helped Dennis considerably last time but although they were aware of her, the Defence chose not to call her.  They may choose to do so next time.  Not sure her testimony would have the same impact now, though.  Since it was possible she could have made a huge difference, (At the time she would likely have testified, I was still leaning toward "Not Guilty")I think most people would question why she wasn't called in the first place so they may have missed the boat on that one.

Who was the woman?  Wracking my brains = Help!

Thanks RubyRose

jb

Sorry, jellybean.  I have had difficulties logging into the site recently so did not notice your question until today.

She is a Saint John lawyer.  I describe in Reply #1646 how I became aware of this possible witness.  I am really at a loss as to why the Defence did not call her during the first trial.  Even if her testimony did not help Dennis, it was certainly not going to hurt him.  I know it would have raised a doubt in my mind at that time although I'd need much more than that now.

jellybean

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1692 on: May 31, 2018, 05:38:08 PM »
http://thechronicleherald.ca/canada/1413091-special-report-new-oland-trial-could-take-fresh-approach-part-2

investigators found no hard evidence of discord between father and son, defence lawyer Alan Gold reminded judges hearing the appeal.
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.Oland is left-handed,
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
« Last Edit: May 31, 2018, 08:19:12 PM by jellybean »