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

[MistyWaters]

If I recall correctly, DM was charged with WM's murder in, I think, April 2014. DM hadn't been convicted of anything at that point, only charged. That's why I'm asking for clarification about the poster's comment.

You’re absolutely right about the timeline.

 

[EspressoBean]

I fully agree but I still don't understand what you meant when you said The police investigation was clearly influenced by the previous trials. What am I missing?

I think what could be said is that it may be the opinion of some that the police investigation was influenced by the other charges and trial investigations. Just a thought to help clarify what someone might have meant.
This investigation was certainly influenced by the other trial investigations - those were what prompted a closer look.

 

[Jasper52]

Court is now back in session. Pillay is continuing his arguments about why Sutherland's evidence should be thrown out.
by Adam Carter 2:21 PM

 

[Jasper52]

Pillay is zeroing in on a portion of Sutherland's testimony, when they talked about the blankets that he suggested were a possible barrier for gunshot residue at the scene. "Where's the objectivity here? This is no ordinary witness," Pillay says.
by Adam Carter 2:23 PM

 

[Jasper52]

Pillay now saying there's no governing body looking at Sutherland's evidence, which is a problem, he says. "There's no supervisory checks and balances."
by Adam Carter 2:26 PM

Pillay also saying that the person who checked over Sutherland's work was a "neophyte."
by Adam Carter 2:27 PM

"Det. Const. Sutherland has not demonstrated himself credible to give this evidence," Pillay says.
by Adam Carter 2:28 PM

 

[Jasper52]

Pillay says he's finished with his submissions on this issue.
by Adam Carter 2:31 PM

 

[FastLikeLight]

Although not my statement, I agree with it. Had DM not been charged and convicted of the 2 other murders, would there be cause to have reopened WMs death by suicide file? I don’t think so. There doesn’t appear to be any additional or new evidence other than what existed back in Nov/12.

In Nov&Dec of 2012 police did not know the behaviour of DM, that it was his gun; that he was creating an "alibi" with his friend MS; that WM was not depressed at all, etc.

 

[matou]

So does Pillay have any witnesses or what?

 

[EspressoBean]

So does Pillay have any witnesses or what?

Gotta wait a little longer. Crown gets to respond.

 

[EspressoBean]

I also think they are still going to argue the admission of the video statement as evidence - to state that DM was forced to make a statement, etc.

 

[Jasper52]

Jill Cameron is now responding for the Crown.
by Adam Carter 2:33 PM

She's referring to the pathologist's evidence about where the bullet ended up in Millard's brain -- the right parietal lobe. She says trajectory wasn't tracked by Sutherland.
by Adam Carter 2:34 PM

Cameron noting the bullet passed through the midline of Millard's brain, but also said that the pathologist said it went in close to a straight line.
by Adam Carter 2:36 PM

"Whether or not [the bullet] went through a straight line to there is unknown, because that testing was never done," Cameron says.
by Adam Carter 2:37 PM

 

[Jasper52]

The judge is asking if Sutherland noted his limitations in his report. Cameron says Sutherland was up front about saying his evidence "stops at the skin." "I think he is very fair in his evidence," Cameron says.
by Adam Carter 2:40 PM

 

[6degrees]

I think what could be said is that it may be the opinion of some that the police investigation was influenced by the other charges and trial investigations. Just a thought to help clarify what someone might have meant.
This investigation was certainly influenced by the other trial investigations - those were what prompted a closer look.

Agreed completely. But I didn't want to assume that was what they meant, so asked the question for clarification.

 

[Jasper52]

The judge says "surely" if Sutherland knew about blood on the blankets, and the possibility it could be an "intermediary surface," wouldn't he have "an obligation to directly advert to that?"
by Adam Carter 2:47 PM

Cameron says he was a transparent witness, but not every aspect makes its way into Sutherland's report.
by Adam Carter 2:48 PM

 

[Jasper52]

The judge seems to be questioning Cameron here more than she did Pillay. "He wasn't trying to mislead the defence in his report, I don't think he was trying to mislead you," Cameron says about Sutherland.
by Adam Carter 2:52 PM

Cameron says just because Sutherland didn't mention one corner of a bloody blanket, doesn't mean he was trying to mislead the court.
by Adam Carter 2:53 PM

"There is other evidence he explained to the court that supports his conclusions," Cameron says.
by Adam Carter 2:54 PM

"He was doing his best to be fair, to be impartial, to consider things he did or didn't see -- and that is exactly what he told you," Cameron says to the judge.
by Adam Carter 2:54 PM

 

[Jasper52]

Cameron and the judge and now talking through the fact that Sutherland couldn't find a pillowcase that was exactly the same as Wayne Millard's.
by Adam Carter 3:04 PM

 

[MistyWaters]

In Nov&Dec of 2012 police did not know the behaviour of DM, that it was his gun; that he was creating an "alibi" with his friend MS; that WM was not depressed at all, etc.

That’s what was not new - the gun was there to check out the source had LE chose to, DMs statement were obtained at the time, anyone they wanted to speak with was there. They simply chose not to investigate his death and quickly ruled it a suicide, case closed.

Then when it became suspected DM was involved in other murders, it seems the Crown though they’d better take a second look at WMs death. “Where there’s smoke, there’s fire” was the motivation for revisiting it, I would say.

By “new” evidence , when other cases get reopened it’s because of newly obtained evidence and information that wasn’t available or present at the time of the crime for whatever reason or sometimes the accused makes incriminating statements years later.

 

[Jasper52]

That's it for this argument. Crown Ken Lockhart is now reading more admissions into the record.
by Adam Carter 3:07 PM

 

[Kamille]

Thanks to Jasper and puppyraiser for posting the tweets today.

 

[6degrees]

From a procedural perspective, does anybody have a sense about when she would rule on admissibility?