Author Topic: Richard (Dick) Oland | Murdered | 69 | Saint John  (Read 425331 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

A new trial may well deal with three things: an argument, a jacket and whether the murder weapon — thought to be a drywall hammer — was swung by a left hand or a right.

PART 1: Why the second-degree murder case against Oland fell apart

A Saint John lawyer, Cheryl Johnson, heard an animated argument in or near Richard Oland’s Canterbury Street office the evening of the murder, shortly before two men working in the print shop below the office heard thumping and banging sounds, perhaps of a struggle, overhead.

Secondly, Richard Oland’s killer was likely right-handed, the pathologist’s findings suggest.


And thirdly, witnesses testified at his trial that they saw Oland on the Renforth wharf wearing a brown jacket — a jacket that was later found to have bloodstains on it. However, forensic evidence showed the car Oland drove away from his father’s office had no bloodstains.

he Crown’s argument at his trial was that Oland was strapped financially and murdered his father, to whom he already owed hundreds of thousands of dollars, when the “daddy bank”, as the prosecutor appeared to enjoy calling it, refused to extend further funds to finance his son’s “extravagant lifestyle.”

However, investigators found no hard evidence of discord between father and son, defence lawyer Alan Gold reminded judges hearing the appeal.


The Oland family’s global brewing and distillery empire provides them with vast corporate and personal wealth. Richard Oland’s personal net worth at the time of his death was about $36 million.

Dennis and Lisa Oland’s finances were indeed under water in the summer of 2011, but the jury also heard testimony that 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. Robert McFadden, Richard Oland’s accountant and business partner, testified that Oland’s widow, Connie, receives her husband’s fortune in trust and upon her death, the trust will be dissolved and assets shared among Richard’s three children, Dennis, Jacqueline Walsh and Lisa Bustin. McFadden said that after his mother’s death, Dennis’s portion would be reduced by $538,000 — the amount advanced by his father, with $269,000 going to each sister. The advance covered the expenses of Dennis’s divorce, allowing Dennis to keep his ancestral home.

LEFT HAND, RIGHT HAND
During the trial that consumed the fall from September to Christmas 2015, the jurors were barraged with testimony from nearly 50 witnesses, and hundreds of exhibits were entered into evidence, but it was not pointed out to them directly that Oland is left-handed, his lawyers confirmed in interviews after the verdict.
For Oland to have brought a weapon to the meeting with his father suggests premeditation, yet Oland was only charged with second-degree murder. Online posts suggest he is a hobbyist who fills his off-hours sailing, tracing the Oland family’s genealogical roots, and restoring old cars.
Oland says he went to his father’s office after work on July 6, 2011, to give him a copy of a family will, 190 years old, that showed the family’s founder had been illegitimate. He said they laughed about it together because some members of the extended Oland family might find the news embarrassing.
Pathologist Dr. Ather Naseemuddin said in an interview that he wasn’t questioned about the direction of the blows during his testimony by either the prosecutor or the defence. Defence lawyers Gary Miller and Alan Gold confirmed this. In a telephone interview last January at his office at Saint John Regional Hospital, Naseemuddin said “I can’t recall” being asked by the Crown prosecutors or the defence whether the assailant was right or left handed.
Miller said in an interview in January 2016 that Naseemuddin was “mute” in court on the directions of the blows, but the lawyer agreed with the premise that it’s reasonable to expect that deeper wounds to the left side of the head would result from a right-handed killer wielding a weapon in a frontal assault. Naseemuddin wasn’t asked about that directly in court, Miller said.

However, Naseemuddin did testify that six fractures on the left side of Oland’s head were “more rapidly fatal” than the ones to the right.
That suggests “a right-handed assailant,” forensic psychologist Dr. Eric Mart of Portsmouth, N.H., said in an interview. Mart has provided expert testimony for courts in Canada and the United States on the mental state of those perpetrating violent offences.
Four of the blows created a depressed area in the skull measuring about 10 centimetres in length, seven centimetres in width and two centimetres deep. Some of them “breached the outer table of the skull,” and “entered the cranial cavity,” reaching the brain, the court heard.

THE JACKET
Video of Dennis Oland leaving his father’s office on the evening Richard Oland was killed — his face appearing serene and his clothing clean — raises doubts that he attacked his father in a sudden fit of rage because his clothing would have been bloodied and he would have had trouble regaining his composure in the time available, according to Mart.

Other video, presented in court for the time surrounding his father’s death, actually appears to offer evidence of innocence. In the two separate videos taken later in the evening of the murder, Dennis is seen shopping at a pharmacy for cold medicine for his wife and then at Cochran’s Country Market in Rothesay for a watermelon at about the time witnesses testified they heard loud noises coming from his father’s office.

No blood was found in his car or on a reusable grocery bag, folded up in the trunk, which he was carrying to and from his father’s office. A dry cleaner, who inspected the brown jacket Dennis is wearing in the video and was taken for cleaning two days after the murder, testified that Dennis’s jacket was not stained with blood or gore.
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 »