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

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I'm positive that the EMT testified that although he didn't check for pulse he did touch the body in a way that determined WM was dead. It concerns me that this judge seems quite harsh on the prosecution and may be ignoring some testimony.
 
It concerns me that this judge seems quite harsh on the prosecution and may be ignoring some testimony.

This worries me too. I console myself by thinking the judge's apparent hostility towards the Crown may be a tactic to prevent any later accusation of favouritism in that direction. There have been egregious cases of Crown favouritism (the second G P Morin trial and the Baltovich case come to mind) so she *could* be obviating a charge of partiality in future. I don't have any confidence that this is the case, but it's in the realm of possibility,
 
Paramedics have a protocol to follow in cases like this. ..... Family members do not!!

I find this interruption very unprofessional.
I wonder if these interruptions by the judge - and in this case I believe the judge is completely mistaken - could be grounds for an appeal should DM be found not guilty?
 
I’m not going to guess at the verdict because trial by tweet only offered a brief glimpse of the courtroom proceedings.

But there’s a few reasons I doubt a guilty verdict is a slam dunk.

If WM’s death had been deemed a homicide and DM stood before a jury, then yes, for sure. They’d probably have determined his guilt within minutes, had a quick dinner and been back in the courtroom before the day was over.

But a trial by Judge is very different than a jury trial and this case is even more complex due to the fact the death was first deemed a suicide. Did the prosecution successfully prove that the initial determination was wrong beyond reasonable doubt, that WM was “happy” at that point in his life, remembering that Sutherland’s reconstruction to discount suicide was deemed inadmissible? Because of the presumption of innocence, the judge is highly unlikely to view this case in a backward sort of way - that DM looks guilty therefore a homicide must have occurred. There was a reason the majority of the Crown’s witnesses focused on WM’s death with very little direct testimony relating to DM.

Another important aspect to consider in a trial by Judge case, the judge doesn’t arrive at her guilty or not guilty verdict solely based on opinion. There was another language being spoken in that courtroom because all three, the Judge, the Prosecutor and the Defence Attorney are well aware that decisions are based on prior rulings that have established legal precedent. When the Judge releases her verdict, it will be supported accordingly.

For example, this link provides a glimpse of how circumstantial evidence and the application of reasonable doubt is determined by the court.

Canadian Criminal Evidence/Circumstantial Evidence - Wikibooks, open books for an open world

As we await the final verdict weeks or months away, I’d just like to say I enjoyed all the thought provoking discussion by everyone.....meanwhile summer awaits me!
 
I wonder if these interruptions by the judge - and in this case I believe the judge is completely mistaken - could be grounds for an appeal should DM be found not guilty?

No, I really doubt it. It’d be different if a judge interjected with witness testimony. Prosecution or defence attorneys weren’t testifying or introducing evidence during their closing statements.
 
This worries me too. I console myself by thinking the judge's apparent hostility towards the Crown may be a tactic to prevent any later accusation of favouritism in that direction. There have been egregious cases of Crown favouritism (the second G P Morin trial and the Baltovich case come to mind) so she *could* be obviating a charge of partiality in future. I don't have any confidence that this is the case, but it's in the realm of possibility,

I think your examples apply more in cases where the judicial bias may influence the jury. But this was a Judge Only trial.
 
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I'm positive that the EMT testified that although he didn't check for pulse he did touch the body in a way that determined WM was dead. It concerns me that this judge seems quite harsh on the prosecution and may be ignoring some testimony.
FYI
Adam Carter‏Verified account @AdamCarterCBC 49s50 seconds ago
Smith works with Toronto EMS. #Millard

Adam Carter‏Verified account @AdamCarterCBC 32s32 seconds ago
"On a cardiac arrest, would you see blood coming out of someone's mouth?" Cameron asks. "You could," Smith says. His notes show Millard's body was "cold to touch in a warm room," which signified he would have been dead for some time. #Millard
 
So, he purchases his burner phone on Nov 1, the same day the MRO came through. Then on Nov 6, he’s telling Smich to keep his mouth shut about real-life things they’re doing because some people already know too much. On Nov 10, he uploads his bloody eye photo. It seems it was Dellen Millard who was coming unhinged.

Babcock, Millard, and Bosma Murders
Not really sure I'd call this a burner phone. I'd assume Millard got his new Samsung on the first. The iPhone was likely what he was using previously. Both are expensive smartphones, where burners are generally the cheapest phone you can buy. Also, both phones are indeed registered to Millard, not a fake identity.
 
The problem with this theory is by the time DM got there WM was a stiff--stiff and cold.
But in reality, how many of us have come in to find a dead body, and when we do, being laymen, how do we know for SURE that body is dead, gone, too late for any type of resuscitation? And we don't even touch that body to feel that it is cold and feels different? Didn't he say to his mom, 'I think he's dead', (according to his statement)? So instead of not trying to help at ALL, and instead of even making a call to someone who could potentially get there quickly TO help, he calls his mother who lived.... how far away?? And what does the mother do?? Instead of calling 911 herself, or telling her son to call 911, she says she'll drive over?? None of this is normal.
 
And 911 may have asked simple questions - is he cold to the touch or stiff. Then all resuscitation is moot.
Sure, but my point is that the man didn't even touch him to KNOW if he was cold or stiff, and he didn't make that call at all. DM is not a trained pro (or perhaps he is) in dead bodies and death.
 
FYI
Adam Carter‏Verified account @AdamCarterCBC 49s50 seconds ago
Smith works with Toronto EMS. #Millard

Adam Carter‏Verified account @AdamCarterCBC 32s32 seconds ago
"On a cardiac arrest, would you see blood coming out of someone's mouth?" Cameron asks. "You could," Smith says. His notes show Millard's body was "cold to touch in a warm room," which signified he would have been dead for some time. #Millard
Didn't Smith say later on that he didn't touch the body, or am I remembering incorrectly?
 
I agree with you. I'm not on edge myself. Guilty. think people here get on edge only because they are relying on simple tweets. I'm sure the judge has a lot more info. I think people also get on edge because they want not just circumstantial evidence but proof DM held the gun--like finding blood splattered clothes in his room or evidence of GHB residue in the soup bowl beside the bed... IMO
Which residue would never be found, since nobody bothered to check *anything*!
 
I think Pillay's argument that the Crown did not prove a murder took place (vs suicide) is similar to the defense argument that the Crown didn't prove a murder took place (vs a disappearance) in Laura's case. The Crown didn't have to first prove that Laura was murdered, and then that the accused were the culprits. The evidence of the behaviour of the accused was the proof that they committed murder and that Laura was the victim. The proof isn't as solid in this case, but there was just such an atypical abundance of evidence in the first two cases. I'm not sure that this is a weak case - it might just be a much more normal case.
 
Why go through the cat door when the sliding door was unlocked and possibly open? Maybe it was one of the cats, the one on the arm of the chair. Whodunit!?

WM seems to have been a real animal lover. If the cats were going to shoot anybody, it would have been DM. (Unlike dogs, cats are good judges of character IMHO.)
 
<modsnip: removed social media rumor>

I wonder how many stories we will hear now that the trials are over.
I am sure the police contacted a lot of people that worked for Millardair, that were friends with Wayne and business people etc.
It is strange that the woman DM was engaged to is silent not one interview with the media.
If anyone knew DM it would be her they were engaged.
JS could be silent because she wants to keep things private and that she is in shock at learning what she did about DM. What do others think?
 
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I know some of you are really down on MM, but I was just thinking now that, with all her past flaws, she is one brave young woman. She has now been a key Crown witness in all three trials, and not a hostile one. Given her history of drug-taking, she could have just quite believably claimed to remember nothing, but she did her muddled best. And, there was always the chance that one or both could have been acquitted (especially in Babcock), and she could have been in real danger, not so much from the accused, but we know they have friends. Just facing DM in court (and MS in the earlier trials) can't have been easy, nor can admitting to a pretty messed-up life.
 
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I think Pillay's argument that the Crown did not prove a murder took place (vs suicide) is similar to the defense argument that the Crown didn't prove a murder took place (vs a disappearance) in Laura's case. The Crown didn't have to first prove that Laura was murdered, and then that the accused were the culprits. The evidence of the behaviour of the accused was the proof that they committed murder and that Laura was the victim. The proof isn't as solid in this case, but there was just such an atypical abundance of evidence in the first two cases. I'm not sure that this is a weak case - it might just be a much more normal case.
yes! Wow yes.
 
I know some of you are really down on MM, but I was just thinking now that, with all her past flaws, she is one brave young woman. She has now been a key Crown witness in all three trials, and not a hostile one. Given her history of drug-taking, she could have just quite believably claimed to remember nothing, but she did her muddled best. And, there was always the chance that one or both could have been acquitted (especially in Babcock), and she could have been in real danger, not so much from the accused, but we know they have friends. Just facing DM in court (and MS in the earlier trials) can't have been easy, nor can admitting to a pretty messed-up life.
I think one way to look at it for those who think she's been unreliable and dishonest is that if she has ever been dishonest in her trial testimony it is partly specifically because she's changed her life. If she's fudged her knowledge or her involvement in any way it's because her new life and efforts towards it could feel at risk. If she still had the priorities and loyalties of her old life - not ratting, not helping the cops, being "solid" etc. etc. she'd have nothing at risk and could just stonewall. Instead she's taken the path that any of us would have, and testified on behalf of the Crown and society, however imperfectly. Even with her flawed evidence, I think she compares favourably to witnesses like SS, the Lisas and CN, who were making every effort to effectively not contribute on the stand. MM has always wanted to contribute, and I think that's very much to her credit.
 
The estate DM assumed was solid and certain until after dear ol' dad's untimely passing, only at which time did DM receive his rude awakening about the reality of how and where funds were tied up.

It's too bad that this wasn't hammered in, in Cameron's response to Pillay's closing, wrt this attempt to discredit motive. (IIRC it was not... Please correct me if I overlooked that.)

Thanks for the reminder! From the Bosma trial, we learned of the following messages (from Dec 6, 2012):

Alex Pierson &#8207;@AlexpiersonAMP 33s33 seconds ago
Millard; "still under a lot of pressure. My dad was hiding debts. My dads death has put financial screws to me."@AM900CHML


Colin Butler &#8207;@ColinButlerCBC 58s59 seconds ago
Jury seeing a text from Millard saying "turns out my dad was hiding debts" contact kinks suggests "getting loan" #TimBosma

molly hayes &#8207;@mollyhayes 1m1 minute ago
Kinks suggests taking out a loan to pay them off. Millard writes "yea I might have to do that." #Bosma


Bosma Murder Trial 04.18.16 - Day 36
 
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