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

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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

Actually, I felt that way when I saw the video. The angle seemed wrong.
 
I think there is a lot to say that they did bungle this. If DM and his mother were not upper middle class, the investigation would have gone differently. There is not evidence to support a suicide. Only speculation and the word of his son. There was no suicide note. No previous reported suicide actions. Even positioning was not indicative of a suicide. There was a very long delay from when the son found the body to when 911 was called despite DM reporting that he didn't know how he died. If cause of death was in fact a surprise and a question, a call to 911 is instinctual. There was no evidence of suicide apart from someone saying that he was depressed. JMO

Interesting, I thought the Crown’s case against DM was quite lacklustre.

Not saying that I’m an expert on getting trial verdicts right but I do have to admit a thought crossed my mind, just fleetingly.... rather than prove incompetence prevailed if DM is convicted...

What does it say If DM is found Not Guilty? So did the original investigation ah ha, yes indeed they got it right in the determination that WM committed suicide? I don’t know, I’m just very wildly speculating... but one thing to consider, in Canada (unlike for example United States) we do not elect our judges, police chiefs, coroners or prosecutors. They are all appointed or employed by various government departments and committees.
 
Who can his lawyer call in DM's defense, his mother? No one even wrote a letter of support for him except his mom and one person in jail with him. I guess we will find out tomorrow.
 
From a procedural perspective, does anybody have a sense about when she would rule on admissibility?
I think she'll rule on it tomorrow - Pillay has to know whether to call his "expert" witness. If this is like a jury trial, she could well rule Sutherland's evidence admissible, but it's up to her what weight she'll place on it. A lot will depend on how credible the defense expert witness turns out to be.
 
I think she'll rule on it tomorrow - Pillay has to know whether to call his "expert" witness. If this is like a jury trial, she could well rule Sutherland's evidence admissible, but it's up to her what weight she'll place on it. A lot will depend on how credible the defense expert witness turns out to be.
I'm not sure how important this witness's testimony is. Suppose he had never been called in, the rest of the evidence remains, this guy saying that it would be difficult to shoot the gun in that position is just a small part IMO. You could obviously never prove it, so the best you can do is raise the doubt. It's something that RP has latched on to, but his whole defence has been based on trying to discredit just about everybody who took the stand.
 
Interesting, I thought the Crown’s case against DM was quite lacklustre.

Not saying that I’m an expert on getting trial verdicts right but I do have to admit a thought crossed my mind, just fleetingly.... rather than prove incompetence prevailed if DM is convicted...

What does it say If DM is found Not Guilty? So did the original investigation ah ha, yes indeed they got it right in the determination that WM committed suicide? I don’t know, I’m just very wildly speculating... but one thing to consider, in Canada (unlike for example United States) we do not elect our judges, police chiefs, coroners or prosecutors. They are all appointed or employed by various government departments and committees.

They have evidence that WM was holding a business meeting and sending a business email within hours of his death. Therefore he was still actively involved in MillardAir. He also spent a number of hours on the phone talking to his new love interest and making plans for her upcoming birthday. He had already booked the day off, purchased a gift for her and seemed excited for her to receive it.

While he did like to drink in the evenings, perhaps more than he should have, he had a scare when his back went out thinking it was his liver and stopped drinking while he was laid up and taking prescription painkillers. He must have been relieved to find out it was a skeletal or muscular issue and not a problem with his organs. Seems that other than his bad back, he was pretty healthy for an overweight man of his age. Not sure why the Crown didn't try to enter his medical records...or did they? Also seems like once his back was feeling better, he went back to his nighttime drinking habit and stopped taking the prescription painkillers, at least in the evening before bed. It appears there was only alcohol in his system at the time of his death.

He gave away old guns, that he had accumulated for a specific purpose in his younger years, during a police sponsored amnesty program 2 years prior because he no longer felt he needed them or wanted them in his home. Seems like he was devoted to his cats, even building them an outdoor enclosure outside his bedroom, and didn't consider rehoming them if he was depressed and knew he might not be around much longer to take care of them.

All of this evidence does not make me believe that this man was depressed and suicidal and made a snap decision, after firing off an email and saying goodnight to his girlfriend, to get into bed, pull up the covers, get comfortable on his side with his hand tucked under his chin and then shoot himself in the eye with an illegal gun that he would have had to have found amongst his son's possessions, in the room where 2 lululemon bags were seen on the floor 6 months later. Not a place where WM would shop. And the evidence that DM sent LE to the basement of the house looking for a gun in a bag. And he asked if it was a revolver. Sounds like he had a story all prepared for that gun at the time but was never asked. So he didn't offer up any explanation for its presence in the home. Well other than to tell LE that WM had guns, which he no longer did.

They also have evidence that the gun was purchased illegally by his son 4 months prior. The same son who made a random, one time decision to spend the night on the floor of his drug dealer friend's bedroom. During this slumber party, he left for a number of hours claiming he had a date. He was carrying two phones with him and was driving his SUV when he arrived at the friend's house. He left one of the phones, his credit card for a pizza purchase and the SUV at his friend's house while the other phone called two separate cab companies to take him to the vicinity of the home where his father was found deceased, during the time frame that his father died, and then back to the home of his friend.

Add in the fact that when no one discovered his Dad's dead body and he had to go home to do so, he called his mother to come over and help him deal with responding emergency personnel after she finally called 911 over an hour after he was "found". And that as the sole heir, who just found out about his father spending the previous weekend "romantically" with his new love interest, he stood to gain everything and actively suggested to emergency responders that his father was a depressed, crippled and sad old man who probably killed himself. "He carried a great sadness with him throughout his life."

That's a LOT of circumstantial and some direct evidence. I'm sure we can come up with more and that does not include Sutherland's expert opinion that it's unlikely that WM shot himself.

MOO
 
They have evidence that WM was holding a business meeting and sending a business email within hours of his death. Therefore he was still actively involved in MillardAir. He also spent a number of hours on the phone talking to his new love interest and making plans for her upcoming birthday. He had already booked the day off, purchased a gift for her and seemed excited for her to receive it.

While he did like to drink in the evenings, perhaps more than he should have, he had a scare when his back went out thinking it was his liver and stopped drinking while he was laid up and taking prescription painkillers. He must have been relieved to find out it was a skeletal or muscular issue and not a problem with his organs. Seems that other than his bad back, he was pretty healthy for an overweight man of his age. Not sure why the Crown didn't try to enter his medical records...or did they? Also seems like once his back was feeling better, he went back to his nighttime drinking habit and stopped taking the prescription painkillers, at least in the evening before bed. It appears there was only alcohol in his system at the time of his death.

He gave away old guns, that he had accumulated for a specific purpose in his younger years, during a police sponsored amnesty program 2 years prior because he no longer felt he needed them or wanted them in his home. Seems like he was devoted to his cats, even building them an outdoor enclosure outside his bedroom, and didn't consider rehoming them if he was depressed and knew he might not be around much longer to take care of them.

All of this evidence does not make me believe that this man was depressed and suicidal and made a snap decision, after firing off an email and saying goodnight to his girlfriend, to get into bed, pull up the covers, get comfortable on his side with his hand tucked under his chin and then shoot himself in the eye with an illegal gun that he would have had to have found amongst his son's possessions, in the room where 2 lululemon bags were seen on the floor 6 months later. Not a place where WM would shop. And the evidence that DM sent LE to the basement of the house looking for a gun in a bag. And he asked if it was a revolver. Sounds like he had a story all prepared for that gun at the time but was never asked. So he didn't offer up any explanation for its presence in the home. Well other than to tell LE that WM had guns, which he no longer did.

They also have evidence that the gun was purchased illegally by his son 4 months prior. The same son who made a random, one time decision to spend the night on the floor of his drug dealer friend's bedroom. During this slumber party, he left for a number of hours claiming he had a date. He was carrying two phones with him and was driving his SUV when he arrived at the friend's house. He left one of the phones, his credit card for a pizza purchase and the SUV at his friend's house while the other phone called two separate cab companies to take him to the vicinity of the home where his father was found deceased, during the time frame that his father died, and then back to the home of his friend.

Add in the fact that when no one discovered his Dad's dead body and he had to go home to do so, he called his mother to come over and help him deal with responding emergency personnel after she finally called 911 over an hour after he was "found". And that as the sole heir, who just found out about his father spending the previous weekend "romantically" with his new love interest, he stood to gain everything and actively suggested to emergency responders that his father was a depressed, crippled and sad old man who probably killed himself. "He carried a great sadness with him throughout his life."

That's a LOT of circumstantial and some direct evidence. I'm sure we can come up with more and that does not include Sutherland's expert opinion that it's unlikely that WM shot himself.

MOO
I think you got most of it , well done. It is my first trial by judge so I don't know what the outcome will be. I think it should be M1 but I am really amateur at knowing about reasonable doubt etc.
Just please move along with the trial and get it over with.
 
They have evidence that WM was holding a business meeting and sending a business email within hours of his death. Therefore he was still actively involved in MillardAir. He also spent a number of hours on the phone talking to his new love interest and making plans for her upcoming birthday. He had already booked the day off, purchased a gift for her and seemed excited for her to receive it.

While he did like to drink in the evenings, perhaps more than he should have, he had a scare when his back went out thinking it was his liver and stopped drinking while he was laid up and taking prescription painkillers. He must have been relieved to find out it was a skeletal or muscular issue and not a problem with his organs. Seems that other than his bad back, he was pretty healthy for an overweight man of his age. Not sure why the Crown didn't try to enter his medical records...or did they? Also seems like once his back was feeling better, he went back to his nighttime drinking habit and stopped taking the prescription painkillers, at least in the evening before bed. It appears there was only alcohol in his system at the time of his death.

He gave away old guns, that he had accumulated for a specific purpose in his younger years, during a police sponsored amnesty program 2 years prior because he no longer felt he needed them or wanted them in his home. Seems like he was devoted to his cats, even building them an outdoor enclosure outside his bedroom, and didn't consider rehoming them if he was depressed and knew he might not be around much longer to take care of them.

All of this evidence does not make me believe that this man was depressed and suicidal and made a snap decision, after firing off an email and saying goodnight to his girlfriend, to get into bed, pull up the covers, get comfortable on his side with his hand tucked under his chin and then shoot himself in the eye with an illegal gun that he would have had to have found amongst his son's possessions, in the room where 2 lululemon bags were seen on the floor 6 months later. Not a place where WM would shop. And the evidence that DM sent LE to the basement of the house looking for a gun in a bag. And he asked if it was a revolver. Sounds like he had a story all prepared for that gun at the time but was never asked. So he didn't offer up any explanation for its presence in the home. Well other than to tell LE that WM had guns, which he no longer did.

They also have evidence that the gun was purchased illegally by his son 4 months prior. The same son who made a random, one time decision to spend the night on the floor of his drug dealer friend's bedroom. During this slumber party, he left for a number of hours claiming he had a date. He was carrying two phones with him and was driving his SUV when he arrived at the friend's house. He left one of the phones, his credit card for a pizza purchase and the SUV at his friend's house while the other phone called two separate cab companies to take him to the vicinity of the home where his father was found deceased, during the time frame that his father died, and then back to the home of his friend.

Add in the fact that when no one discovered his Dad's dead body and he had to go home to do so, he called his mother to come over and help him deal with responding emergency personnel after she finally called 911 over an hour after he was "found". And that as the sole heir, who just found out about his father spending the previous weekend "romantically" with his new love interest, he stood to gain everything and actively suggested to emergency responders that his father was a depressed, crippled and sad old man who probably killed himself. "He carried a great sadness with him throughout his life."

That's a LOT of circumstantial and some direct evidence. I'm sure we can come up with more and that does not include Sutherland's expert opinion that it's unlikely that WM shot himself.

MOO

It will be interesting, the next portion of the trial.

One thing, there’s absolutely no roadmap for predicting suicide. Making future plans and acting happy is exactly the reason why family and friends of suicide victims suffer huge grief because they didn’t notice any warning signs.

Of the tweets we read, I didn’t notice anything specific regarding WMs drinking habits, how often, how much, but I’m not convinced his comment to JC regarding “his problem” can be interpreted that it was nighttime drinking. Nothing specific that I recall was said about the state of his health or what caused the bad back, doctors care, etc we are only left to speculate.

Aside from JC, the majority of the witnesses were either responders or other people who admitted not knowing WM on a personal basis. Only one witness, the officer who the prosecutor apologized to the judge on behalf of, was adamant of murder as opposed to suicide.

My interpretation from testimony regarding the financial state of the new Millardair hanger, it cost $10 million to set up and later sold for less than $5 million. There was no financial benefit for DM to murder his father (however if there is motive, it could be to mitigate his loss).

My view is MMs testimony was unreliable and we don’t know if the defence will call any witnesses yet. If I were a juror I’d still be on the fence and off the top of my head I’d like to have heard evidence about
- WMs overall state of health in general, mental and physical
- Millardair financial statements including details regarding cost overruns and financing (ie accountant’s testimony)

The one thing we likely all agree on, from only the little we know, there were huge red flags that DM was not capable of managing the new business. His behaviour had to have been an embarrassment and disgrace and it appeared to be getting worse and not better. Given that was the whole point of WM starting the business into his early 70s, even mortgaged his own home to make it happen, unknown health issues, if he was of sound mind, how could’ve he been happy?

ETA - about the home mortgage, that’s huge. By Nov/12 it must’ve been noticed new air carriers weren’t flocking to Kitchener- Waterloo airport looking for MRO facilities. No contacts, no debt repayment, certification or not. Depending how highly leveraged he and the company was, no ability to repay, if loans defaulted, WM was at risk of losing his home. That had to have been a huge concern.
 
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Also from AC's article today...

There's also a second legal argument scheduled for Tuesday that centres around whether or not Dellen Millard was free to leave when was interviewed by police on the night in 2012 when he says he found his father's body.

Pillay will argue Millard was under "investigative detention" when he gave that video statement, and should have had a lawyer present — which means, he contends, that the statement should be ruled inadmissible.

DNA tests link Dellen Millard to alleged murder weapon in father's death | CBC News

There was a lot of circumstantial and/or contradictory evidence revealed in that interview. It needs to stay in. He was under no pressure to speak to LE. Considering he was manipulating the scene from the first emergency responder, of course he was going to hang around and talk to LE to manipulate some more and make sure they didn't do much investigating. In fact it appears it worked. GMAB on the "investigative detention" carp RP. No way a murderer is going to put up a red flag by refusing a witness interview with LE.

MOO
 
It would just offer more to speculation. She isn't on trial. She was observed to be very distressed. Not a reliable witness and someone that will do anything she can to not help the crown's case. It would open up doors for her to state things that could prove helpful to the defence. The risks far outweighed the benefits. She wouldn't have added anything to the crown's case, imho.

I watched an old documentary on Casey Anthony last night, and I was struck by how similar her interview is with the police to DM's. No emotion, FULL of irrelevant details and lies. Later on, and to this day she continues to throw her dad under the bus, and blame him for her daughter's death much like DM seems to do with WM's depression, drinking, and money problems. Also, I suspect MB would be very similar to Cindy Anthony, she'd go to any length, including lying, covering up for, and destroying evidence. Don't get me wrong, I'm not bashing the mother's here, I'm a mom that would do almost anything to protect my kids, too. Casey Anthony doesn't care about anyone but herself, much like DM. Just my observations.
 
Not sure if I missed it, but did the Crown discuss the gun's history?
1) DM bought it from ISHO just prior to LB going missing.
2) MM testified she saw the gun in DM's room. When?
3) DM claimed he gave it to WM as a gift. Is this correct? If so when? And why a gun?

Without a clear timeline, this case is confusing. Hopefully Cameron will walk us through it during her closing.

1) Estimated time of DM's death?
2) DM's location around that time? Cell pings, Taxi records, and MM's recollection, etc.

The crown has done a fair job of showing WM's state of mind, and his plans with future events, ie. Birthday Party, and providing the hanger for a Military celebration.

Also, why would WM need a gun that's allegedly illegal in Canada and have bullets that seemingly can only be purchased in the USA?
 
It will be interesting, the next portion of the trial.

One thing, there’s absolutely no roadmap for predicting suicide. Making future plans and acting happy is exactly the reason why family and friends of suicide victims suffer huge grief because they didn’t notice any warning signs.

Of the tweets we read, I didn’t notice anything specific regarding WMs drinking habits, how often, how much, but I’m not convinced his comment to JC regarding “his problem” can be interpreted that it was nighttime drinking. Nothing specific that I recall was said about the state of his health or what caused the bad back, doctors care, etc we are only left to speculate.

Aside from JC, the majority of the witnesses were either responders or other people who admitted not knowing WM on a personal basis. Only one witness, the officer who the prosecutor apologized to the judge on behalf of, was adamant of murder as opposed to suicide.

My interpretation from testimony regarding the financial state of the new Millardair hanger, it cost $10 million to set up and later sold for less than $5 million. There was no financial benefit for DM to murder his father (however if there is motive, it could be to mitigate his loss).

My view is MMs testimony was unreliable and we don’t know if the defence will call any witnesses yet. If I were a juror I’d still be on the fence and off the top of my head I’d like to have heard evidence about
- WMs overall state of health in general, mental and physical
- Millardair financial statements including details regarding cost overruns and financing (ie accountant’s testimony)

The one thing we likely all agree on, from only the little we know, there were huge red flags that DM was not capable of managing the new business. His behaviour had to have been an embarrassment and disgrace and it appeared to be getting worse and not better. Given that was the whole point of WM starting the business into his early 70s, even mortgaged his own home to make it happen, unknown health issues, if he was of sound mind, how could’ve he been happy?

ETA - about the home mortgage, that’s huge. By Nov/12 it must’ve been noticed new air carriers weren’t flocking to Kitchener- Waterloo airport looking for MRO facilities. No contacts, no debt repayment, certification or not. Depending how highly leveraged he and the company was, no ability to repay, if loans defaulted, WM was at risk of losing his home. That had to have been a huge concern.

Good points MistyWaters. DM's cell phone pings and approximate time of death are pretty damning though, on the other side.
 
Also from AC's article today...



DNA tests link Dellen Millard to alleged murder weapon in father's death | CBC News

There was a lot of circumstantial and/or contradictory evidence revealed in that interview. It needs to stay in. He was under no pressure to speak to LE. Considering he was manipulating the scene from the first emergency responder, of course he was going to hang around and talk to LE to manipulate some more and make sure they didn't do much investigating. In fact it appears it worked. GMAB on the "investigative detention" carp RP. No way a murderer is going to put up a red flag by refusing a witness interview with LE.

MOO
Totally agree. You could see the wheels spinning in DM's head as he sat there playing the "victim"; totally stunned, resigned to the fact his dad had made an exit because of the financial pressures.

Fact is, it had only been a few weeks that they had their license, and IIRC, AS had a heated discussion with DM about getting his toys and junk out of the hangar so they could get potential clients in and contracts signed. IMHO, WM never thought for a minute that he'd be opening the doors with a full slate of clients. With a state of the art facility, I'm of the belief that WM would have attracted more than a few. DM simply figured he could have the hangar for his own use if WM and the MRO disappeared.

Considering WM had a sound understanding of what he was doing, it's impossible to believe that he didn't think it was going to take at least a year to get money flowing. To think that a business this size, with this much capital invested was going to turn a profit in 3 weeks is absurd. Being stressed over the performance/attitude of his son is more plausible. AS wanted the place ready to go- DM had no place to take his hobbies. The guys really running the MRO would have no use for SS chiselling off VIN numbers over in the corner. Unfortunate for WM, DM had to kill the MRO.
 
Totally agree. You could see the wheels spinning in DM's head as he sat there playing the "victim"; totally stunned, resigned to the fact his dad had made an exit because of the financial pressures.

Fact is, it had only been a few weeks that they had their license, and IIRC, AS had a heated discussion with DM about getting his toys and junk out of the hangar so they could get potential clients in and contracts signed. IMHO, WM never thought for a minute that he'd be opening the doors with a full slate of clients. With a state of the art facility, I'm of the belief that WM would have attracted more than a few. DM simply figured he could have the hangar for his own use if WM and the MRO disappeared.

Considering WM had a sound understanding of what he was doing, it's impossible to believe that he didn't think it was going to take at least a year to get money flowing. To think that a business this size, with this much capital invested was going to turn a profit in 3 weeks is absurd. Being stressed over the performance/attitude of his son is more plausible. AS wanted the place ready to go- DM had no place to take his hobbies. The guys really running the MRO would have no use for SS chiselling off VIN numbers over in the corner. Unfortunate for WM, DM had to kill the MRO.

Yes, you illustrate the importance of forecasting and having adequate cash reserves to carry the business until it turns a profit. How the finances could be so poorly forseen, to incur $5 million in cost overruns on a $10 million venture that lacked $10 million to begin with, absolutely baffling.

Jun 12
The Crown is now re-examining. Jill Cameron is asking about cash. Woodward says Millard had said he had $10 million available for the business at the outset. He says "problems started" when they went over $5 million in costs. #Millard
Jun 12

"It was apparent there wasn't $10 million to start with," he says. #Millard
 
Good points MistyWaters. DM's cell phone pings and approximate time of death are pretty damning though, on the other side.

Yes, the most critical evidence as long as the Crown is able to place DM and the particular cellphone together. When Pillay cross-examined MM, she testified DM left the Samsung at MSs place so we sure got to hope the pings came from the iPhone.
 
ETA - about the home mortgage, that’s huge. By Nov/12 it must’ve been noticed new air carriers weren’t flocking to Kitchener- Waterloo airport looking for MRO facilities. No contacts, no debt repayment, certification or not. Depending how highly leveraged he and the company was, no ability to repay, if loans defaulted, WM was at risk of losing his home. That had to have been a huge concern.

The 3.7 million dollar loan taken out to purchase tools and finance the start up of the business after the MRO license was approved, was taken out in Oct 2012. The hangar itself cost 6 million. I also don't think the Maplegate home was used as collateral. I think it was just the Riverside property. So I don't see why WM would have been panicking less than a month after they got the license and before the bank was calling in the loan. I don't believe that WM was at risk of losing his home. His son may have been at risk of losing some of his properties though. I don't know if any of the financial information was entered into evidence. It was touched on in the TB trial so I'm not sure why the Crown wouldn't bring it up in this case, other than the fact that it was introduced by LW the bookkeeper who turned out to be a rather hostile witness considering she was still being paid by MillardAir and she still might be.

CM had declared bankruptcy at one point so I'm sure WM understood that was an option. I do not think he was depressed about his finances, nor do I think he was at any risk of being broke and homeless. He still owned a 6 million dollar hangar. He was a simple man who didn't want for much. Everything he was doing was for his son's future and his family legacy, not for himself. I don't think he would have chosen to just bail on everything, leaving his son to handle potential failure all alone, by committing suicide. It's offensive that his son and his ex-wife convinced everyone that he would have.

MOO
 
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