Suspect #1: Dellen Millard *Charged* 1st Deg Murder 15 May 2013 #1

[Archangel7]

Well said, there is no doubt that DM was involved. MOO

The Crown gets to ask the defendant for his evidence, witness list etc. that the defendant thinks absolves him of any issues.

Motion to motion, so there's no surprises come court day.

Would have made more sense for an innocent man to have brought forth his proof early rather than spend money on a lawyer, sit in jail, transfer property an then still show all his cards/proof anyway in court. IMO

 

[Blomquist]

The charges against DM and MS support the idea that he was killed in the truck.

Can you explain how you know that.... do we have DNA results?

 

[Blomquist]

DM seems to have quite a few supporters. MS not so many.

MS has not had his whole life and family business raked over the coals as DM has...maybe this is what is evoking concern for someone who should be presumed innocent JMO

 

[Shaky pi]

The Crown gets to ask the defendant for his evidence, witness list etc. that the defendant thinks absolves him of any issues.

Motion to motion, so there's no surprises come court day.

Would have made more sense for an innocent man to have brought forth his proof early rather than spend money on a lawyer, sit in jail, transfer property an then still show all his cards/proof anyway in court. IMO

If D M takes stand , which right now i wouldnt dare do ..its up to crown , forcable confinement yes , as of right now , murder no ...

 

[Blomquist]

The Crown gets to ask the defendant for his evidence, witness list etc. that the defendant thinks absolves him of any issues.

Motion to motion, so there's no surprises come court day.

Would have made more sense for an innocent man to have brought forth his proof early rather than spend money on a lawyer, sit in jail, transfer property an then still show all his cards/proof anyway in court. IMO

In todays court climate it does not make sense to say anything IMO..the court system is there to find you guilty regardless of what some may think. If I were innocent I would not be saying anything and risk them twisting my words. What I would do is stay quiet and let them prove the guilt that they believe they have found. Once it was over I would speak out IN FULL... but thats just me

 

[Blomquist]

The Crown gets to ask the defendant for his evidence, witness list etc. that the defendant thinks absolves him of any issues.

Motion to motion, so there's no surprises come court day.

Would have made more sense for an innocent man to have brought forth his proof early rather than spend money on a lawyer, sit in jail, transfer property an then still show all his cards/proof anyway in court. IMO

There is always the possibility that his life may be in jeopardy if he speaks.... that also should be considered. Knowing who did it may be one thing but speaking out when you are in a confined place with possible 'insiders' there ready to rip your throat out if you speak is another. I think DM may have more to fear than charges....

 

[Archangel7]

If D M takes stand , which right now i wouldnt dare do ..its up to crown , forcable confinement yes , as of right now , murder no ...

I was specifically referring to the discovery process pretrial where the defendant and Crown show each other what they have.

However I doubt DM takes the stand, depending on how they are tried and whom tries to rat whom out.

I think they may get both on the murder.

 

[Blomquist]

If the motive is there to steal the truck, then it is easy to convict for first degree if DM took TB.

We do not know that he was TAKEN...he appears to have gone willingly. We do not know the sequence of events....

 

[musicaljoke]

Can you explain how you know that.... do we have DNA results?

Absolute proof is not required, just proof beyond a reasonable doubt.

BTW, I do appreciate the way you keep presenting considerations for the defense. It lets us think about the challenges that will be presented in court.

 

[Blomquist]

Yeah, given Smich doesn't have unlimited funds for lawyers, he needs all the more help. And yet for some reason he's not getting it.

What do you mean he is not getting it? Not getting what?

I dont see any help on here for DM so it cant be by way of this site...can you clarify what you mean? We know MS has a lawyer the same as DM...we know he is not talking too. Could be they have something to fear other than the charges...and maybe that fear is waiting for them inside !! JMO

 

[Blomquist]

Absolute proof is not required, just proof beyond a reasonable doubt.

BTW, I do appreciate the way you keep presenting considerations for the defense. It lets us think about the challenges that will be presented in court.

So far I see no proof beyond a reasonable doubt. Anything I present is just what should be considered if the presumption of innocence is maintained. I doubt any seasoned lawyer has not thought of it all !!...and more. I have a lot more than what I post here... due to rules I cannot post what I truly think.... so you are only getting a small part of my 'presentation' as it were...

 

[Archangel7]

There is always the possibility that his life may be in jeopardy if he speaks.... that also should be considered. Knowing who did it may be one thing but speaking out when you are in a confined place with possible 'insiders' there ready to rip your throat out if you speak is another. I think DM may have more to fear than charges....

Well he can't be in suspended animation.... he can't have it both ways, too scared to speak or too guilty to talk.

 

[Blomquist]

But the TB's truck was found at his mothers, that is enough to support a theft conviction, which will support the murder conviction MOO

Please can you explain your logic with this post so that I can see how you come to that conclusion ?

 

[Blomquist]

Well he can't be in suspended animation.... he can't have it both ways, too scared to speak or too guilty to talk.

He can be too scared to speak and be innocent !!!

 

[Shaky pi]

i would want absolute truth or closest to ,, i would hope u would want that to...

if it was your loved 1 and he pleading innocent , i would hope you would want to see and hear absolute proof .. you are innocent untill PROVEN guilty . heck for all we know tim couldve had heart attack , they panicked to get rid of body .... crown has their work cut out for them , thats for ssure

 

[Shaky pi]

On the 13th , probably defense has already , d m s lawyer gonna get what crown has on his defendant.. what do we know , dm test drive, farm, where truck found ..because of ban thats what us armchair detectives know , never mind gamer b s , d ms dad shot self ? , dont prove crap in this case ,

if i were d ms lawyer , id be happy they cant deterine tims fate , id be happy no other suspects found that we know of , i do think come the 13 th , we will see lawyer make some moves shortly there after ....right now theyve waited to see crowns evidence.......

 

[broken_angel]

I have a magic jack, and I have to pay my yearly fee with my credit card.
You cannot pay the user fee at the store where you buy your magic jack.

I suppose you could use a fake name, but how would you pay the annual fee?

Perhaps using a prepaid credit card (Visa gift card)? No ID is required and the person using it doesn't have to register it but it is as good as cash.

 

[ArianeEmory]

Who the heck, rather than call 911 when a stranger has a heart attack, burns their body and steals their truck instead?

I mean, yes, we can speculate that TB kicked DM and MS out of the truck at Tim Horton's, drove himself to the farm, then accidentally tripped and fell into the incinerator. We can speculate that MS is the actual innocent dupe, since DM is the one with the money and power to frame someone (and to attract people to his cause, seemingly). We can speculate anything at all.

Or we can discuss the evidence and arrests and the most likely scenario (the one in which LE has the right guys in jail). This is not a court of law, and we do not have any mandate nor obligation to proceed with the discussion on the assumption DM is innocent.

 

[Shaky pi]

Who the heck, rather than call 911 when a stranger has a heart attack, burns their body and steals their truck instead?

I mean, yes, we can speculate that TB kicked DM and MS out of the truck at Tim Horton's, drove himself to the farm, then accidentally tripped and fell into the incinerator. We can speculate that MS is the actual innocent dupe, since DM is the one with the money and power to frame someone (and to attract people to his cause, seemingly). We can speculate anything at all.

Or we can discuss the evidence and arrests and the most likely scenario (the one in which LE has the right guys in jail). This is not a court of law, and we do not have any mandate nor obligation to proceed with the discussion on the assumption DM is innocent.

guiltyof theft and confinement , hard to argue ,, of murder ?????? tellme how tim died ??? who killed him , u have 3 suspects 1 of whom to us we dont know ...you have him in the insinerator we dont know that either ...

 

[Sillybilly]

i would want absolute truth or closest to ,, i would hope u would want that to...

if it was your loved 1 and he pleading innocent , i would hope you would want to see and hear absolute proof .. you are innocent untill PROVEN guilty . heck for all we know tim couldve had heart attack , they panicked to get rid of body .... crown has their work cut out for them , thats for ssure

Again, the word here is "reasonable". Is it reasonable to conclude that

a) two strangers arrive to take a desirable, expensive vehicle for a test drive
b) while the rightful owner of the vehicle goes with them, he has a heart attack
c) these two strangers become frightened that he died
d) these two strangers do not call authorities or ambulance, but instead take him to a remote location where he is burned beyond recognition
e) these two strangers keep the deceased's truck in an unknown location
f) these strangers are associated with a building that appears to have stolen auto parts
g) these strangers in charge of stolen vehicle parts are the ones who showed up to test drive the valuable vehicle

Sure, the Crown always has their work cut out for them, but in this case, I believe it is the defence that will have to scramble to come up with "reasonable" doubt.

JMO