GUILTY - Wayne Millard Murder Trial - Dellen Millard Charged With Murder - #4

[EspressoBean]

I feel that RP could have avoided this whole argument by finding his own expert to run the tests to prove his theory that WM ended his own life by shooting the gun. But clearly, this was impossible so all he can do is try to "shoot down" the crown's expert.

 

[Jasper52]

Pillay says he's going through ten areas where he says Sutherland failed in his methodology. "Det. Const. Sutherland assumed that the photographs he had from the scene accurately reflected the scene from the time of the shooting," he says. Pillay is suggesting the scene was contaminated, because things were moved.
by Adam Carter 11:49 AM

Pillay says it's a "dangerous assumption" to assume the scene wasn't contaminated.
by Adam Carter 11:50 AM

"It was incumbent on this witness to do more, ask questions, and investigate," Pillay says.
by Adam Carter 11:51 AM

 

[EspressoBean]

Pillay says that forensic scientists should have to "vigorously challenge or disprove a hypothesis, rather than to prove one." He says Sutherland's methods were "not scientific at all."
by Adam Carter 11:46 AM

IMO, this is all important information that the judge should use in considering this evidence but I don't see this as being grounds to dismiss this witness and his evidence and opinion altogether.

 

[Jasper52]

"This is not, I would submit, a pristine scene," Pillay says. "This was a scene in which there was a great deal of activity ... do we just pretend that these pictures capture the scene?"
by Adam Carter 11:54 AM

The biggest issue we've heard in this respect is that the alleged murder weapon was moved.
by Adam Carter 11:54 AM

 

[Jasper52]

I feel that RP could have avoided this whole argument by finding his own expert to run the tests to prove his theory that WM ended his own life by shooting the gun. But clearly, this was impossible so all he can do is try to "shoot down" the crown's expert.

I'm guessing DM was too cheap to fork out the big bucks for his own expert testimony.

 

[Jasper52]

Pillay now pointing out that Wayne Millard's pillow was never tested or seized by police. "He never looked at the pillow ... he assumes what he's looking at on the pillow is gunshot residue," he says.
by Adam Carter 11:59 AM

"He assumes there's no gunshot residue or soot on the left and strictly from photos, not from testing," Pillay says.
by Adam Carter 12:00 PM

Pillay now pointing out there are no rulers in the scene photos, which is a usual standard. "That there are none here is remarkable," Pillay says.
by Adam Carter 12:00 PM

"How can one recreate something for which you have no measurement?" Pillay asks.
by Adam Carter 12:01 PM

 

[Sillybilly]

Pillay now pointing out that Wayne Millard's pillow was never tested or seized by police. "He never looked at the pillow ... he assumes what he's looking at on the pillow is gunshot residue," he says.
by Adam Carter 11:59 AM

"He assumes there's no gunshot residue or soot on the left and strictly from photos, not from testing," Pillay says.
by Adam Carter 12:00 PM

Pillay now pointing out there are no rulers in the scene photos, which is a usual standard. "That there are none here is remarkable," Pillay says.
by Adam Carter 12:00 PM

"How can one recreate something for which you have no measurement?" Pillay asks.
by Adam Carter 12:01 PM

If he's trying to discredit the expert:

pillow not seized - not the fault of the expert
only photos to go by - not the fault of the expert
no rulers on the scene - not the fault of the expert

 

[Jasper52]

"This is pretend science. It is devoid of legitimate methodology," Pillay says.
by Adam Carter 12:02 PM

Pillay also pointing out again that Sutherland used different ammunition in his tests than what was found in the gun at the scene. The scene ammunition could not be acquired in Canada. "He knows different ammunition will yield different results," Pillay says.
by Adam Carter 12:04 PM

"He didn't open up the ammunition to compare the components," Pillay says.
by Adam Carter 12:05 PM

Pillay says Sutherland's position on the propellants in these different kinds of bullets being the same was an attempt to "pull the wool over the court's eyes." Says Sutherland was "shifting on the fly" and "coming up with excuses."
by Adam Carter 12:07 PM

 

[Jasper52]

Pillay now talking about how Sutherland didn't repeat any of his tests when coming to a conclusion. "If it's not repeated, then you can't rest your conclusion ... based on that pattern," Pillay says.
by Adam Carter 12:09 PM

(Waiting for tweets is like watching paint dry, today)

 

[mimimic]

I bet the judge wouldn't like the fact that Pillay thinks this is how experts/professionals conduct themselves. The Law included.

 

[Jasper52]

Pillay also says we don't know what the pillow was made of -- down, memory foam, etc. That could also influence the marks on the pillow through the shape, he says.
by Adam Carter 12:13 PM

 

[Jasper52]

Pillay is now showing the marks on the pillow from Sutherland's tests, compared to the marks found on Millard's pillow. "The shape is different. The two marks are not the same," he says.
by Adam Carter 12:23 PM

Ten minutes between tweets...........

 

[mimimic]

I can understand why he is trying to discredit this.
As far as excepting the agreed upon phone pings> did they do this so there wasn't as much discussion around it? "Like pulling the wool over the courts."

 

[Jasper52]

Pillay now showing photos from the scene compared to the X-ray of Wayne Millard's head. He says Sutherland's orientation of the gun doesn't put the bullet into the place it was eventually found in Millard's head.
by Adam Carter 12:29 PM

 

[Yendys]

Pillay is now showing the marks on the pillow from Sutherland's tests, compared to the marks found on Millard's pillow. "The shape is different. The two marks are not the same," he says.
by Adam Carter 12:23 PM

You can’t have it both ways RP. If you discredit the technique by suggesting the same pillow type was not used and this can influence the gun shot residue imprint then you cannot say see the imprints don’t match to bolster your case.

 

[Yendys]

Pillay now showing photos from the scene compared to the X-ray of Wayne Millard's head. He says Sutherland's orientation of the gun doesn't put the bullet into the place it was eventually found in Millard's head.
by Adam Carter 12:29 PM

The trajectory of the bullet was not determined. It may not have travelled in a straight line.

 

[Jasper52]

"He is not looking for reasons that go against his opinion ... he's looking for things that bolster his opinion," Pillay says.
by Adam Carter 12:38 PM

 

[Jealoushe]

You can’t have it both ways RP. If you discredit the technique by suggesting the same pillow type was not used and this can influence the gun shot residue imprint then you cannot say see the imprints don’t match to bolster your case.

exactly...or that the bullet path was not as he though, he can't confirm that because they never looked into any of this. He's saying a lot about stuff that doesn't have anything to do with the witnesses findings.

 

[Sillybilly]

Pillay now showing photos from the scene compared to the X-ray of Wayne Millard's head. He says Sutherland's orientation of the gun doesn't put the bullet into the place it was eventually found in Millard's head.
by Adam Carter 12:29 PM

IMO, RP is arguing evidence outside the scope of the witness rather than simply trying to disqualify the witness.

Also, as Sutherland explained "for the umpteenth time":

from:
MANDEL: Desperate defence effort to destroy damning evidence at Millard murder trial

Sutherland went on to explain that the recovered bullet was deformed at the tip, suggesting it hit something in the skull that deflected it from travelling in the straight line trajectory assumed by the lawyer.

“Where’s that in your report?” Pillay demanded again.

Sutherland explained — for the umpteenth time — that he wasn’t asked to reconstruct the shooting or the path of the bullet, but to determine the position of the gun when it was fired.

<bbm>

 

[Shaz14]

It is soooo slow today. I really want to know what RP is saying in between tweets.