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

[deugirtni]

.... I also made a mental note to myself a few weeks back when following this case that DM coming across his dead father and not calling 911 right away is very strange behavior. None of the police officers initally noticed the gun because of its location so presumably DM wouldn't have seen the gun either when he "found" his dad dead. If DM had noticed the gun and that is why he assumed suicide, why didn't he let the police know he saw it?!?

If I walked into my house and found a family member dead, blood on their pillow, (whether I thought they were suicidal or not) I would get out of the house, go back to my car and call 911. Imagine this, DM walks into the house after not hearing from his dad for a day or more, sees him in bed with blood on his face and pillow. No note or weapon or anything else in view. Just a dead person in bed. How is the first thought, "Oh he must have killed himself, I'll just call mom and my buddy and go sit outside for awhile. Mom can call 911 for me later."?!?!?!

This whole case stinks when it comes to DM's actions and lies. I have no worry about the judge coming to the correct verdict.

All MOO.

How is it even possible that police on the scene, or even EMS for that matter.. see blood on a dead body found unexpectedly in a bed inside a residence, but yet don't see the trail of blood falling directly into a retail bag underneath, and take a look?

 

[deugirtni]

.... I also made a mental note to myself a few weeks back when following this case that DM coming across his dead father and not calling 911 right away is very strange behavior. None of the police officers initally noticed the gun because of its location so presumably DM wouldn't have seen the gun either when he "found" his dad dead. If DM had noticed the gun and that is why he assumed suicide, why didn't he let the police know he saw it?!?

If I walked into my house and found a family member dead, blood on their pillow, (whether I thought they were suicidal or not) I would get out of the house, go back to my car and call 911. Imagine this, DM walks into the house after not hearing from his dad for a day or more, sees him in bed with blood on his face and pillow. No note or weapon or anything else in view. Just a dead person in bed. How is the first thought, "Oh he must have killed himself, I'll just call mom and my buddy and go sit outside for awhile. Mom can call 911 for me later."?!?!?!

This whole case stinks when it comes to DM's actions and lies. I have no worry about the judge coming to the correct verdict.

All MOO.

Why wouldn't his mother, even if DM was too stupid to call 911 all on his own, (even a 5 year old child apparently knows enough to do this, according to some news reports I have seen??), tell her son.. 'call 911 NOW, FAST, in case he is still alive and might be saved!!'? But no.. instead, it is, 'well hang on dear, until I drive allllllllll the way over there to check for myself, and also I'll just check around for.....' what? 'And momma rabbit will make the call FOR you'

 

[tmar]

Still wondering about JS and where she was that night.

I also feel MS was to tell MM, that DM had not left their place: the alibi.
MM perhaps now, was telling things, as she remembers, knowing what these guys are capable of.

 

[deugirtni]

.... I also made a mental note to myself a few weeks back when following this case that DM coming across his dead father and not calling 911 right away is very strange behavior. None of the police officers initally noticed the gun because of its location so presumably DM wouldn't have seen the gun either when he "found" his dad dead. If DM had noticed the gun and that is why he assumed suicide, why didn't he let the police know he saw it?!?

If I walked into my house and found a family member dead, blood on their pillow, (whether I thought they were suicidal or not) I would get out of the house, go back to my car and call 911. Imagine this, DM walks into the house after not hearing from his dad for a day or more, sees him in bed with blood on his face and pillow. No note or weapon or anything else in view. Just a dead person in bed. How is the first thought, "Oh he must have killed himself, I'll just call mom and my buddy and go sit outside for awhile. Mom can call 911 for me later."?!?!?!

This whole case stinks when it comes to DM's actions and lies. I have no worry about the judge coming to the correct verdict.

All MOO.

Why *DID* DM assume suicide?? There is blood 'all over' (face? pillow?)..... from what?? (supposedly gun not found yet, right????)

I'm sorry, the sarcasm is just oozing, but really???? I keep forgetting to chalk it up to the common 'throat blowing up because he's an alcoholic' reasoning. Toooooo lucky. The man just has horseshoes up his farce.

 

[deugirtni]

I also feel MS was to tell MM, that DM had not left their place: the alibi.
MM perhaps now, was telling things, as she remembers, knowing what these guys are capable of.

If that was the case, why wouldn't MM have said so on the stand?

 

[MistyWaters]

I doubt it too.. but in a way.. this case is even MORE important, because not only will a killer walk free, and a life be snuffed out without justice being brought, but the whole inheritance thing MATTERS. jmo

I wonder how much is left of WMs estate, if much of anything? Millardair was eventually sold for $4.8 million and Barnes iirc testified it cost $10 million plus $5 million in cost overruns. We never learned how much personal funds WM invested or borrowed beyond Millardair available capital and loans.

 

[deugirtni]

If the verdict was Guilty, I would think his time in prison would cause him more problems.
Yep, Karma working.
Even if the verdict is not guilty, all will know: so Karma still working.

Do you mean because his 'peers' in prison would abuse him for the crime of killing his own dad?

 

[tmar]

If that was the case, why wouldn't MM have said so on the stand?

Was she asked?

 

[tmar]

Do you mean because his 'peers' in prison would abuse him for the crime of killing his own dad?

Yes.

 

[deugirtni]

I wonder how much is left of WMs estate, if much of anything? Millardair was eventually sold for $4.8 million and Barnes iirc testified it cost $10 million plus $5 million in cost overruns. We never learned how much personal funds WM invested or borrowed beyond Millardair available capital and loans.

No idea. Enough for a judge to have put a hold on the funds. Enough for TB's family to want to bother suing. And even if it's twenty bucks, it's too much for DM to inherit. jmo.

 

[deugirtni]

Yes.

Not sure how the criminal population feels about bopping off your own parent. Probably many of them despise their own parents and might praise him. No idea.

 

[deugirtni]

Was she asked?

If MM's statement had included such a thing, I'm sure the Crown would have made sure it came out at trial, considering that would be extremely damning evidence. jmo.

 

[MistyWaters]

Mental health 'experts' may say that a severely depressed, suicidal person, may not be thinking properly, or about the potential ramifications of suicide at that instant. That, to me, is why the phonecall, HOURS LONG, with his new love interest, is so important here. Basically he had just gotten off the phone with her, and during that call, there is no reason not to believe her when she said he was excited about planning her bday, and etc. A meeting was also held that very day, when things were all pulling together for the MRO (everything except for that oddball son of his). But even in the depths of depression.. he was an intelligent man presumably, surely he would have ensured his son would not be blamed for his suicide by at least leaving a note, even if only 3 words. 'can't go on'.. or SOMETHING. I do believe most life insurance does pay out for suicide, but usually it is stipulated that it won't pay out for suicide if it is done within a year or two of taking out the policy (which tends to suggest that possibly depressed, suicidal people CAN wait an extra minute or two to at least write a note?)... but I wonder if WM had fresh policies taken out in regard to most recent personal loans taken out for the MRO? Those, if any, may not have paid out? But even so, the man was wealthy even without any life insurance.

My view is if the Crown had financial evidence that would’ve helped to disprove suicide, they’d have offered it.

If by chance DM is found Not Guilty, I’d be interested if media commentators will analyse the overall extent of the Crowns efforts to convict. On the other hand, if DM is found guilty of murder, what will be the repercussions to those involved with the original investigation who got it wrong?

 

[Sillybilly]

One thing that’s important about the Canadian Justice system is the onus is upon the Prosecution to prove their case beyond reasonable doubt. The defendant isn’t required to prove their innocence nor is the judge allowed to speculate (ie because he did that, must mean that...).

If DM happens to be found Not Guilty, it does not necessarily prove he didn’t commit the murder. But in the eyes of the law, the reason would be that the Crown was unsuccessful in proving WM was indeed murdered, primarily because his death was not investigated as a suspicious death at the very onset.

The judge won't speculate, but will/can draw reasonable inferences from the circumstantial evidence:

excerpt from:

Circumstantial Evidence - Criminal Law Notebook

Circumstantial evidence refers to any evidence from which one or more inferences are to be drawn to establish material facts.

[1]

While there is no burden to prove every piece of evidence on a standard of beyond a reasonable doubt, in order to convict on a circumstantial case, a judge must be satisfied beyond a reasonable doubt that the only rational inference that can be drawn from the circumstantial evidence is one of guilt.[2]

Circumstantial evidence may be used to support the inference of innocence as well as guilt so long as the probative value outweighs prejudicial effect and it is not given undue weight.[3]

Examples of circumstantial evidence:

• motive (past hostility to victim)
• opportunity (including exclusive opportunity)
• means, capacity and skills
• post-offence conduct (flight, false alibi, destruction of evidence)
• knowledge and state of mind
• habit[4]
• disposition for violence by victim

IMO, the above gives hope that the judge will reach a Guilty verdict.

 

[deugirtni]

My view is if the Crown had financial evidence that would’ve helped to disprove suicide, they’d have offered it.

Well I think they kind of did offer it, via the witness DM hated. Did he say that the value of the MRO would be pennies on the dollar if sold as is and non-operational? Funny how DM seemed to have gotten away with murder, had full access to all of his father's wealth, and was likely responsible for greatly depleting it, just because of his lack of business acumen and greed. If he had listened to the hired consultant(s), and got it up and running before selling, there may still remain good money. The fact that it may NOW be depleted, after he spent so much on nothing (remember SS mentioned in TB trial he was spending some 15K per month on the credit card for parts and such) and made bad decisions, doesn't really speak to what he did inherit, nor what it could have become.

 

[huntergerrard]

What?? Does anyone know what the housekeeper said in her statement, details about the dna on the gun (what type of dna, where on the gun).

I'm still going with he did it based on the fact that there are no usable fingerprints on the gun. I'm sure if he was going to kill himself that gun would be covered with his fingerprints. You would think he would pick it up, possibly think about things for at least a couple seconds (most people its more like minutes -sometimes hours), position the gun (by the sounds of it, it wasn't an easy shot to pull off), pull the trigger. All of this and not one useable print. No buying it. Somebody wiped that gun down. DM or MB one of them.

BBM I agree with you that WM would've likely held the gun while he thought over suicide. If he committed suicide, there would be no need to wipe down the gun. WM certainly wouldn't wipe the gun after he shot himself.

I can't think of a single case where someone killed themselves but hid the evidence of a suicide.

 

[huntergerrard]

DM's DNA on the gun was undeniable but there was also trace DNA that could not be determined as well.

The Lululemon bag was not seized at the scene. Just the gun.





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

BBM If it was a suicide, I would think the evidence would be the other way around. Perhaps trace DNA from DM, and undeniable DNA from WM. A person willing to shoot themselves isn't worried about keeping their prints off the gun.

 

[MistyWaters]

The judge won't speculate, but will draw reasonable inferences from the circumstantial evidence:

excerpt from:

Circumstantial Evidence - Criminal Law Notebook

IMO, the above gives hope that the judge will reach a Guilty verdict.

Yes, that is true. However I see this to be a highly unusual case in Canadian courts because the death was originally ruled suicide, not a homicide. Generally the Crown sets upon just proving why the accused is guilty of the known homicide and yes, then reasonable inference may be involved.

In this case the Crown was put in the very unique position of attempting to reverse that original death finding, ie Sutherland’s reconstruction of gunshot residue. The verdict will depend on if they were successful in doing that based on proof, and then secondly, if the case Crown proved beyond doubt DM was the culprit. JMO

 

[MistyWaters]

BBM If it was a suicide, I would think the evidence would be the other way around. Perhaps trace DNA from DM, and undeniable DNA from WM. A person willing to shoot themselves isn't worried about keeping their prints off the gun.

Given the death was originally viewed as a suicide by all parties, I wonder how carefully the gun was preserved prior to testing, aside from it being moved from between the dresser and the bed and no one admitting to doing so. Or why that unknown person who moved the gun didn’t leave DNA or fingerprints?

 

[huntergerrard]

I agree. I see a gross incompetence on the part of the Toronto Police Service and I feel that a precedent against the Toronto Police needs to be established. As for DM, he will not get getting out of prison. So I would take the not guilty instead to keep Toronto Police in check.

The Toronto Police Service bungled the early LB case, too. However, pings were part of the equation that got a conviction, so there's still a chance.