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

[MistyWaters]

I can see Pillay making every effort to make his case, in these arguments. Not sure it will take all day, but he'll do whatever he can.

I am very curious if he's going to call any defense witnesses. I'm guessing no, since it doesn't seem like there is anyone at all in the last 10 years or so associated with DM that isn't sketchy and/or questionable themselves.

I think Pillay intends on calling witnesses given the trial was scheduled to run to the end of June. Not characters defending DM but witnesses closer to WM, in an attempt to validate the original suicide theory. That’s really the only defence DM has imo.

 

[puppyraiser]

Adam Carter‏Verified account @AdamCarterCBC 34m34 minutes ago


Court is now in session. Crown Jill Cameron is doing a reexamination of Det. Const. Sutherland. #Millard

She's starting with talking about the scientific method, and referring to a book that Millard's lawyer, Ravin Pillay, brought up in his cross-examination. #Millard

Cameron asks Sutherland if "disproving" a hypothesis is part of the scientific method in crime scene reconstruction. Sutherland says no, it's not. He says be believes he followed the scientific method in this case. #Millard

Cameron now asking if analyzing cylinder gap impressions is part of Sutherland's training. He says yes, it is. It was part of the courses he has taken and taught. #Millard

 

[puppyraiser]

Adam Carter‏Verified account @AdamCarterCBC 28m28 minutes ago


Cameron is also touching on the control testing Sutherland used. She asks if there was a defect in the chamber, if it would be seen in cylinder gap impressions on the left side, or right side. He says it would be seen on both sides. #Millard

A cylinder gap impression is basically a sooty, gunshot residue impression, which is launched from a gap between the cylinder of a gun when it is fired. #Millard

Cameron is now moving on to the portion of Pillay's cross where he suggested part of a blanket could have been covering part of Wayne Millard's hand, as an "intermediary surface." That's something that interrupts gunshot residue pattern. #Millard

"In your opinion, did something obstruct that cylinder gap impression from hitting the pillow?" Cameron asks. "Not in my opinion, no," Sutherland responds. #Millard

Cameron is now moving on to ask about blood transfer. #Millard

 

[puppyraiser]

Adam Carter‏Verified account @AdamCarterCBC 17m17 minutes ago


Sutherland says a blanket covering #Millard's hand would further complicate things, and make it more difficult for him to hold the gun and pull the trigger. He has already testified that it would be extremely difficult for Millard to have shot himself in the way he was positioned

Sutherland again says the trajectory of the bullet into Millard's skull was never part of his analysis. #Millard

Cameron is now pointing to some of the photos from Sutherland's presentation. In one of the photos, the trajectory rod in the mannequin head that he used for his tests has a hole very close to where the bullet was found in Millard's skull. #Millard

That's it for Sutherland's testimony. That's the Crown's final witness for the trial, now finished. #Millard

 

[puppyraiser]

Adam Carter‏Verified account @AdamCarterCBC 8m8 minutes ago


Cameron says the Crown will now make submissions on the admissibility of Sutherland's evidence. The Crown wants it kept in, obviously, but Millard's lawyer, Ravin Pillay, wants it kept out. She says there is a challenge to the officer's qualifications, and over bias. #Millard

Cameron says Sutherland was able to test the specific gun used in the case to give his opinion evidence, which bolsters his findings. #Millard

Cameron is also pointing out Sutherland's qualifications. "He's test fired and studied hundreds of guns in the last two years alone," Cameron says. #millard

The judge now asking if there's any part of Sutherland's evidence that is not contested. "I'm opposed to his expert evidence in its entirety," Pillay says. #Millard

Cameron is now pointing out that not only has Sutherland taken courses in shooting scene reconstruction -- he has thought them, too. #Millard

 

[puppyraiser]

Adam Carter‏Verified account @AdamCarterCBC 4m4 minutes ago


"In my submission, he is well qualified to give an opinion," Cameron says. "He demonstrated a significant body of knowledge about how this works." #Millard

It's worth noting that is is not usually how this would happen. In a jury trial, this argument would most likely happen before Sutherland testified -- and I wouldn't be able to report on it until the jury retired to consider its verdict. #Millard

But as this trial is before a judge-alone, so it's all fair game. The judge will decide whether or not she will consider the evidence in her decision. This is really key evidence for the Crown. #Millard

Adam Carter‏Verified account @AdamCarterCBC Jun 13


Just pinning this tweet as I get asked this question several times a day: Wayne Millard was left handed. #Millard

 

[Factoria]

Thank you for posting tweets, puppyraiser! Much appreciated!

 

[puppyraiser]

Adam Carter‏Verified account @AdamCarterCBC 35s36 seconds ago


Cameron also says Sutherland was fair in his evidence, and worked to make sure he was not biased. "He understands his job is not to provide evidence for one side or the other ... everything he did was transparent," she says. #Millard

"You should not disqualify him on the basis of bias and impartiality," Cameron says. #millard

 

[puppyraiser]

Thank you for posting tweets, puppyraiser! Much appreciated!

They aren't same format as how the others post, but I noticed nothing had been added here yet. Can only post for another 15 min or so.

 

[puppyraiser]

Adam Carter‏Verified account @AdamCarterCBC


Cameron is also pointing out that Sutherland mentioned things that could help the defence's position -- ie, he did not totally rule out that Wayne Millard could have shot himself. Though Sutherland was pretty emphatic that he didn't think Millard shot himself. #Millard

Cameron is now calling back to case law she says supports her position. #Millard

"There is nothing in this record that would disqualify Det. Const. Sutherland on the basis of bias, or on his record," Cameron says. She also notes Sutherland faced a similar challenge in a court case last year, and his evidence was allowed in. #Millard

 

[CJPRINCESS]

I hope this isn’t thrown out by the judge. It’s damning but we also have lack of WM’s finger prints on the gun. There would have to be his prints present somewhere on the gun. A man committed suicide wouldn’t be so cautious with leaving no prints and obviously a dead person can’t wipe the gun down. But we do know who is great at wiping things down and who was also at the scene

 

[puppyraiser]

Have to go, can anyone take over the tweets?

 

[mimimic]

JC should say they hired the expert so they could get a "handle" on which way the gun was held.

One of the comments on the weekend made about DM before he called, after his discovery, that is sticking with me, is that he wasn't afraid at all. If he saw blood on the pillow he would not have calmly called his mum and assumed a natural death.
I would assume he should have been freaking out (assuming it wasn't him) and definitely assume a murder happened!- calling 911. There was no gun discovered yet. Also want to add if it was my family member I think I would have touched them. (I know that is contamination) - but I would want to think maybe I could save them ...?

 

[winter2017]

That didn't stop him from using some of them as character references in the last trial. I have stopped guessing DM's twisted logic two trials ago. MOO

Is there anyone on this planet that can say good things about DM? Character references such a joke.
All he did was criminal things for the last 5 years and was involved with a drug dealer, people who helped him steal, a gun dealer and a gf that is as much a psycho as he is. Cameron said that he created an alibi, DM really spent a lot of time creating alibis, because he was a murderer.

 

[Jasper52]

Cameron is now calling back to case law she says supports her position.
by Adam Carter 10:50 AM

"There is nothing in this record that would disqualify Det. Const. Sutherland on the basis of bias, or on his record," Cameron says. She also notes Sutherland faced a similar challenge in a court case last year, and his evidence was allowed in.
by Adam Carter 10:55 AM

Cameron also notes there is evidence that Dellen Millard travelled to his fathers home early on Nov. 29 and "created an alibi" for himself. She also says Dellen Millard's DNA was found on the alleged murder weapon.
by Adam Carter 10:58 AM

"His evidence his relevant," Cameron says about Sutherland.
by Adam Carter 10:58 AM

Cameron says Sutherland's evidence won't be lengthy and encumber a jury -- as there isn't one. She also says this isn't bad character evidence, it was instead "transparent and scientific."
by Adam Carter 11:02 AM

"There is no danger that you won't be able to critically assess the evidence," Cameron says. "This is clear, empirical, scientific testing."
by Adam Carter 11:04 AM

We're now taking the morning break, before Pillay makes his submissions. We'll be back in 20 minutes.
by Adam Carter 11:04 AM

 

[Jasper52]

Just a heads-up; I can post tweets but we are expecting thunderstorms so there is a good chance I'll lose hydro. If I do lose it, I may look like I'm online when I'm not.

 

[Jasper52]

Court is now back in session. Pillay is arguing his case for why Sutherland's evidence should be kept out.
by Adam Carter 11:27 AM

"This is not a properly qualified expert ... his evidence is not reliable," Pillay says, adding Sutherland employs "unsound science" that "fails on many different fronts."

"This is a dangerous witness, who has twisted and turned at every opportunity for the Crown's position." Pillay says, adding that Sutherland "acted like an advocate" for the Crown.
by Adam Carter 11:30 AM

Pillay says the key question here is still whether or not Wayne Millard committed suicide, and Sutherland's evidence basically says no, he did not. "It has the potential to swallow the fact finding function whole," he says.
by Adam Carter 11:31 AM

 

[Jasper52]

Pillay is now calling back to case law in an attempt to bolster his submissions.
by Adam Carter 11:35 AM

"The evidence in this case is complex. It is not simple, it is difficult to comprehend," Pillay says. "The complexity of the material distinguishes it from many other cases ... it raises a heightened concern that too great deference will be given to an opinion."
by Adam Carter 11:36 AM

Pillay also says the "validity of the method" Sutherland used is key here. He contends Sutherland's methodology wasn't sound.
by Adam Carter 11:37 AM

 

[Jasper52]

The tweets are slow to come, today...........

 

[Jasper52]

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