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

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Pillay is still going here -- this is by far his most lengthy legal argument at the trial so far. That tells you a lot about how key this evidence is for the Crown.
by Adam Carter 12:42 PM
 
Pillay is now turning to what he calls the "intermediary surface" issue. Basically, Pillay is suggesting there was some sort of object (like a blanket) that would impact GSR transfer and blood transfer. Sutherland testified he does not believe that was the case.
by Adam Carter 12:45 PM
 
Pillay is again showing photos of one of Millard's blankets from the scene. There's blood on the edge of one of them. He says this shows "the blanket was in play in some way in the scene." "This evidence is critical," Pillay says.
by Adam Carter 12:50 PM

"How can we trust what he's saying, when he misses this?" Pillay asks.
by Adam Carter 12:52 PM

Pillay has said a couple times now that Sutherland is "encumbered by television."
by Adam Carter 12:53 PM

"He's operating on a theory and he's not letting go of that theory," Pillay says.
by Adam Carter 12:53 PM




 
Pillay now alleging Sutherland withheld evidence, "which irreparably damages his credibility and undermines the credibility of his opinion."
by Adam Carter 12:57 PM
 
Jasper52 said:
Pillay is again showing photos of one of Millard's blankets from the scene. There's blood on the edge of one of them. He says this shows "the blanket was in play in some way in the scene." "This evidence is critical," Pillay says.
by Adam Carter 12:50 PM
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He keeps bringing up things that are completely outside the scope of Sutherland's testing and therefore outside the scope of the evidence he presented... Sutherland was tasked with reconstructing the position of the gun... not analyzing other items on the scene.
Also, according to Pillay himself, since the scene was "contaminated", and the photos can't be trusted, how can he know for sure that there was in fact blood on the blanket? He's contradicting himself IMO - saying the evidence is inadmissible because it is not "scientific" then in the next breath saying Sutherland missed a bunch of evidence (which according to him would be equally unscientific anyway).
 
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mimimic said:
I can understand why he is trying to discredit this.
As far as excepting the agreed upon phone pings> did they do this so there wasn't as much discussion around it? "Like pulling the wool over the courts."
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A Statement Of Agreed Facts between the prosecution and defence, for example records of phone pings, phone-bills or credit card statements, typically indicates that both parties agree that the data within the documents is factual.

But it’s not always an absolute agreement about who had possession of the cellphone or credit card during those times, as I somehow suspect it’s not in this case.
 
JoS13 said:
He keeps bringing up things that are completely outside the scope of Sutherland's testing and therefore outside the scope of the evidence he presented... He was tasked with reconstructing the position of the gun... not analyzing other items on the scene.
Also, according to Pillay himself, since the scene was "contaminated", and the photos can't be trusted, how can he know for sure that there was in fact blood on the blanket? He's contradicting himself IMO - saying the evidence is inadmissible because it is not "scientific" then in the next breath saying Sutherland missed a bunch of evidence (which according to him would be equally unscientific anyway).
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I think Pillay just is listing all the reasons the reconstuction evidence should be tossed, it’s not a personal thing against Sutherland.

In one sense, it’s an attempt by the Crown to erase the original botched investigation “look, that didn’t matter whatsoever, from the photos our expert can determine it wasn’t a suicide after all!”. I feel somewhat uncomfortable about that given all the variables, along with the possibility this type of evidence sets a precedence in future trials.

ETA The argument that the trajectory of the bullet wasnt considered I think is most significant. Whether or not he was asked is immaterial imo, but what’s the value of evidence to reconstruct the position of the gun with the residue if that same position doesn’t align with the location where the bullet lodged?
 
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MistyWaters said:
I think Pillay just is listing all the reasons the reconstuction evidence should be tossed, it’s not a personal thing against Sutherland.

In one sense, it’s an attempt by the Crown to erase the original botched investigation “look, that didn’t matter whatsoever, from the photos our expert can determine it wasn’t a suicide after all!”. I feel somewhat uncomfortable about that given all the variables, along with the possibility this type of evidence sets a precedence in future trials.
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I agree - it is uncomfortable that the whole thing is based on photographs only and that we know that things were probably touched and moved (even if minimally) by the first responders, police and coroner.
 
THXGuru said:
The intial police investigation was compete incompetence by Toronto Police. At least that is what I am gathering by following this trial. The simple idea that DM was showing no emotional response to the death of his father and the fact that there was gun in the room and the inconsistent testimonies of whether the anything was touched in the room. I am more disappointed with the Toronto Police more than anything and they messed the whole thing up but not looking further into the death of WM
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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?
 
Ontario Mom said:
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.
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Maybe Pillay will call RB! Sorry...had to inject a little levity into the day....
 
Pillay is really stretching and reaching to get his twice convicted (in the first degree) murdering client off isn't he?! Pillay, you're going to get your money, don't worry. You don't have to fight so hard hahaha. I forgot, he needs to prove himself up for future clients. :rolleyes: MOO.

Adam Carter‏Verified account @AdamCarterCBC 1h1 hour ago
Pillay also says we don't know what the pillow was made of -- down, memory foam, etc. That could also influence the marks on the pillow through the shape, he says.

Pillay says Sutherland's position on the propellants in these different kinds of bullets being the same was an attempt to "pull the wool over the court's eyes." Says Sutherland was "shifting on the fly" and "coming up with excuses."
 
6degrees said:
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?
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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.
 
EspressoBean said:
I feel that RP could have avoided this whole argument by finding his own expert to run the tests to prove his theory that WM ended his own life by shooting the gun. But clearly, this was impossible so all he can do is try to "shoot down" the crown's expert.
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DM probably did't want to spend the money....again a little levity.
 
MistyWaters said:
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.
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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.
 
6degrees said:
DM probably did't want to spend the money....again a little levity.
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I bet not too!.....but, but the burden of proof rests with the Crown to prove the accused is guilty, the accused is not required to prove their innocence <so says our constitution>
 
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