Still Missing Canada - Alvin, 66, & Kathy Liknes, 53, Nathan O'Brien, 5, Calgary, 30 Jun 2014 *Guilty* *Appeal* #29

[otto]

Although an obvious crime scene, the fact that no victims were found either dead or alive at the scene, and that an Amber Alert was issued, would seem to support LE's belief that at least some of the three could be alive.

“It’s still a missing persons investigation. We’re hopeful we’ll find these family members alive.”

BTW, what we now think doesn't really factor in ... it's what LE believed possible at that time.

It will be interesting to see how the court rules. I suspect that Garland only wants to raise a legitimate point in order to bargain that he will plea down with a new sentence to avoid a second trial.

 

[otto]

The appeal is also based on the premise LE didn’t have cause to believe the victims would be found alive at Garland’s farm as he wasn’t a prime suspect. But it was his sister who identified his green truck and told LE about his longstanding grievance against Alvin so I think that’s a weak argument as well.

“Defence counsel Alias Sanders argued an “exigent” search of the 40-acre property northeast of Calgary wasn’t warranted, because police didn’t have sufficient evidence to believe the missing victims were there.

“What was lacking was a reasonable lead these people were on the farm,” Sanders told a three-member Alberta Court of Appeal panel.

Sanders said there were other suspects at the time and that police believed there were two people involved in removing the couple and the grandchild from their Calgary home.

“At that time, could they have gotten a (search) warrant? The answer is no.”...”
Convicted triple murderer Douglas Garland is entitled to a new trial, his lawyer says

Maybe it comes down to the question of: would police have obtained a warrant to search the property knowing that Garland's truck was near the Liknes house on the night of the murders, and knowing that Garland had a grudge against Liknes? I wonder whether the prosecutor declined to write it up because the evidence wasn't strong enough.

 

[MistyWaters]

That is what I'm thinking, but I also think it should be a legal problem regarding search warrants. Realistically, the fruits of the poison tree were allowed during trial. Can police demonstrate that they would have searched Garland's property for deceased people even if they had not searched for living people? That would be a different argument, I suppose that means another trial, but it is also the only way step out from under the appearance of search warrant violations. Another option would be to demonstrate why at least one victim was presumed to be alive a few days after the bloody scene. If there was blood evidence of all three victims, then a few days later the victims can be presumed dead.

I need to break it down:

Police were looking for 3 people at the farm. Police did not need a search warrant because they were worried about the welfare of the 3 people. They were not found. Police argue that they did not search all buildings so they returned with a warrant. Presumably nothing prevented them from searching all buildings.

I wonder if we can see a copy of the warrant. Does it say needed to search more buildings, or evidence of dead bodies?

There was ample evidence at a related crime scene which strongly implied that the victims were deceased when, or shortly after, they were dragged out of the crime scene. It was a few days before Garland's truck was found on CCTV footage, and then another day or so to connect it with Garland. Could police realistically expect living victims, or is the evidence fruits of the poison tree?

I suppose Garland is hoping that a ruling in his favour allows him to negotiate for a better sentence and to change the charge to 2nd degree. He'll bargain to spare the family another trial.

I could be wrong but I was under the impression appeals can only be based on trial judge errors, unless new evidence comes to light. So I think during the trial the defence must’ve filed a Motion to disregard the search evidence for the same reasons stated in the appeal, and it was dismissed by the trial judge. So those transcripts would also be important to the appeal court as well. That’d be interesting to read too.

I’d really be surprised if the 1st degree murder of AL would ever be reduced under any circumstances. Garland’s 59 0r 60 so now so even if the other two convictions were lessened or served concurrently, he’s still essentially serving a life sentence.

But I believe most if not all sentences handed down, greater than 25 years, have so far been appealed and the Supreme Court has not yet ruled on its constitutionality. Each of these appeal lawyers I bet are all anxiously awaiting to be the very first to take a shot at it being struck down by the top court. After they stipulated the max 30 month limitation on criminal charges either going to trial or being dismissed (Jordan ruling), I’m not so sure Supreme Court decisions can easily be predicted.

Sentencing provision that restricts parole eligibility likely to face court challenge, lawyers say

 

[Lalalacasbah]

What I remember is that police asked media to publish a photo of the truck because they wanted to find the owner. That would suggest that Garland's name was not on a short list, but that there was a vehicle of interest and an unknown driver.

View attachment 183896

Live: The search for Nathan O’Brien and his grandparents

I meant police had a list of suspects that the public weren't privy to and Douglas Garland was on it from the get-go (by end of first day of investigation according to article), the truck narrowed it down (sorry for the big bold quotes below, not sure why it's formatting this way!):

"6 persons of interest:
He testified that by the end of the first day of the investigation, investigators had compiled a list of six persons of interest. They included a local sex offender, a man who had shot Alvin Liknes's daughter years before, a former house guest of the Likneses, two disgruntled former employees of Alvin Liknes, and Douglas Garland.

Investigators were assigned to interview each person and one by one they were all eliminated as possible suspects, except for Garland."

https://www.cbc.ca/news/canada/calg...en-liknes-operation-amber-lee-treit-1.3982966

 

[Lalalacasbah]

I think there was too much blood all over the Liknes home, and outside leading to the driveway, for the victims to be alive after the attack. After hearing the prosecution theory that the victims were alive at the farm, I kept waiting for evidence. There was none. It was simply stated and re-stated as though fact.

After the truck was identified, Garland was brought in for questioning. If police had grounds to believe that the victims were on the property, that was the time for them to gather evidence and get a search warrant. It sounds like the appeal is on the basis that police had nothing more than a still image of a truck. Then, without a search warrant, they swarmed the farm. If this was done because police reasonably believed the victims were alive, perhaps they need to explain how that was possible given the bloody crime scene.

Sadly, even if they were alive at the farm there would be no evidence to prove it as most evidence was destroyed/cleaned up. The only evidence I can think of at the top of my head would be blood evidence whether alive or not (if still bleeding, coagulated, spattter, pooled, etc.)

 

[Lalalacasbah]

This was a long time ago, so my memory is rusty.. but.. wasn't it said that Nathan had been in bed with his grandmother? So if that is correct, and a bunch of blood was there, and a bunch of blood was wherever Alvin was accosted, that might appear to look like '2' individuals.. then add in the apparent child's handprint in blood in the hallway? They may have, based on common sense, feared that both Alvin and Kathy were deceased, but hoped that Nathan might still be alive? An amber alert had been issued for him also. LE said they were awaiting test results, presumably to determine whose blood was where, and included in the crimescene. They may not have had the same clarity about Nathan's death, which precipitated the 'exigent' search?

But yes, will certainly be interesting, since, had they not entered withOUT the search warrant, would they have ever had enough to actually enter legally to find all of that evidence?

And yes otto, sometimes prosecutors make statements in court which are not backed up with evidence, and yet they would obviously 'stick' in jurors' minds, and sometimes they also convolute things so that you can't figure them out except by doing an indepth analysis. Doesn't seem fair in that regard... I think perhaps the only way to discount those types of statements and convolutions would be for the accused to take the stand and offer up evidence to the contrary, which is his right NOT to do, and in so doing, the accused gives up other 'rights'. Very interesting.

I think that's what happened at the beginning as well that there was a sliver of hope Nathan was spared and alive so the Amber Alert. LE also asked neighbors in the area to check properties, yards, sheds, etc. I think LE really hoped Nathan might've gotten away, was hiding or spared. I remember hoping this as well, that's why I started following the case... I actually thought they'd find him alive.

 

[MistyWaters]

It appears only the constitutional legality of the initial cursory search that’s being raised in this appeal. But after that brief search, assumably LE was granted a search warrant as a result of those findings. So if the initial search was illegal, there was also no cause to conduct subsequent searches, I think is the basis of this appeal.

I sure hope the appeal argument is grasping at straws. ETA: It’s reminding me of other ridiculous examples of appeals, such as a vehicle weaving down the road with a burnt out headlight so police pull over the driver and also find a bin full of cocaine. Do they have the right to charge the driver with the drug bust if they didn’t suspect there was cocaine in the vehicle until it was stopped, sometimes not. Craziness, how laws protect the criminals IMO.

“Rideout said the July 4, 2014, search of the sprawling property, which included multiple outbuildings, was conducted in less than two hours.

She said it wasn’t a thorough search for evidence, but one to hopefully find living victims.

“They would not have cleared this property in one hour and 45 minutes had they searched every box,” Rideout said.

“They were there to look for live victims.”...”
Convicted triple murderer Douglas Garland is entitled to a new trial, his lawyer says

According to the above link, the appeal issue is the initial search of Garland’s farm on July 4th, relating that date to the timeline of media reports reports. One circumstance that may have prompted an immediate search could’ve been the sister knowing her parents were not home at the time, they were somewhere camping in their RV iirc. So if DG had kept any of the victims alive for a time, he would’ve had opportunity to do so.

_____

June 30, 2014 – Nathan’s mother called police from his grandparents’ home around 10 a.m. when she went to pick up her son, but found no one at home. Police issued an Amber Alert later that day.

Police said evidence found in the Parkhill home suggested the disappearance may be suspicious, since it was “not in the condition it typically would have been left in,” according to Kevin Brookwell from the Calgary Police Service. Everyone’s vehicles were accounted for.

July 1, 2014 – Police went door to door to speak with neighbours of the grandparents. Neighbours said they saw Nathan playing in the backyard Sunday afternoon, with his grandfather watching nearby.

Police added the trio may have left their home against their will. At that time, it was too early for police to say whether the estate sale was connected to their disappearance.

July 2, 2014 – Nathan’s parents, Rod and Jen O’Brien, tearfully spoke directly to their missing son in a press conference.

“Nathan, your mom and dad, [brothers] Luke and Maximus, your whole family loves you,” said an emotional Rod O’Brien. “Nathan, you are our superhero right now and we’re going to bring you home very soon.”

Police asked anyone who was at the Liknes’ June 28 to 29 estate sale to speak to police at the Parkhill Community Centre starting July 3.

July 3, 2014 – Police investigators spent 12 hours at the community centre, having asked anyone who purchased an item at the Liknes’ estate sale to bring a photo of that item.

“We just want to make sure we’re aware of what was sold,” explained Calgary Police Staff Sgt. Doug Andrus.

“In other words, if anything was taken after the sale was completed.”

Andrus said police looked at pictures of items sold at the estate sale and asked people to provide fingerprints to eliminate fingerprints found at the crime scene.

July 4, 2014 – Police confirmed a “violent incident” occurred inside the residence.

“Based on the evidence at the scene, somebody would be in medical distress,” said Andrus, adding he expected forensic lab results within several days to a week.

Investigators released two photos of a green truck that was seen “several times” in the area the night of the family’s disappearance and asked the owner to come forward.

July 5, 2014 – Police conducted an area search near the home of Nathan’s grandparents for the second time, to make sure nothing was overlooked in the initial search.

July 6, 2014 – Dozens of police officers searched an upscale residence in a rural area north of Calgary following a tip relating to the green truck. Douglas Garland, who neighbours said lives on the rural residence, was taken into custody for questioning on July 4.

“We’re questioning the man and following the lead on the vehicle,” Calgary Police Duty Insp. Joel Matthews said. “He is a person of interest.”

Global News confirmed there’s a family connection between the Garland and Liknes families, but police didn’t comment on that information. Garland had a criminal history in British Columbia for producing his own amphetamines.....”

Timeline: Missing Calgary family Nathan O’Brien, Alvin and Kathryn Liknes

 

[otto]

That means that the first search of the property was 6 days after the victims vanished. If there is no evidence of Nathan's blood at the house, it was possible that he was still alive. If there is evidence of his blood, then I think it was very farfetched to believe that he would be alive. I think it was obvious that the grandparents were no longer alive.

 

[MistyWaters]

That means that the first search of the property was 6 days after the victims vanished. If there is no evidence of Nathan's blood at the house, it was possible that he was still alive. If there is evidence of his blood, then I think it was very farfetched to believe that he would be alive. I think it was obvious that the grandparents were no longer alive.

Four days, as JO went to pick up Nathan on the 30th and the initial search was on the 4th.

It’s not clear if the appeal is taking issue with Garland becoming a suspect or that LE had no hope of believing believing any of the victims were still alive because it’d be impossible for the defence to prove the later IMO. I forgot about the Amber Alert that was still active on the 4th.

“Appeal Court Justice Peter Martin challenged the defence’s suggestion that there wasn’t any reason to believe that the victims might be at the farm.

“These people are taken away and police are wondering who would do this? So who would have a grudge against these people?” Justice Martin said.

“Is it a surprise that suspicions arose, that maybe he’s the one? We’re talking about a unique vehicle, at three in the morning, in [their] neighbourhood. What is it doing there?”...”
Alberta’s top court reserves decision on appeal of convicted triple murderer

 

[MistyWaters]

A tweeting of the appeal hearing, quite a lot of “cherry picking” indeed...

Tom Ross (@Tommy_Slick) on Twitter

 

[otto]

A tweeting of the appeal hearing, quite a lot of “cherry picking” indeed...

Tom Ross (@Tommy_Slick) on Twitter

Sounds like the appeal will be denied.

 

[dotr]

Dec 6 2019



Decision expected in appeal of convicted Calgary triple-murderer Douglas Garland
"Alberta’s top court is to release its decision Friday on the appeal filed by a man found guilty of killing a Calgary couple and their grandson.

Douglas Garland was convicted in 2017 of first-degree murder in the deaths of Alvin and Kathy Liknes and Nathan O’Brien five years ago.

Garland is serving a life sentence with no chance of parole for 75 years.

His lawyer, Alias Sanders, told the Appeal Court that the trial judge shouldn’t have allowed evidence found at Garland’s farm because police didn’t have enough to obtain a search warrant."

 

[Bravo]

This one was one of the toughest. Go back to were you belong. Your cage

 

[musicaljoke]

https://www.cbc.ca/news/canada/calg...athan-obrien-liknes-appeal-decision-1.5386954


Judge says, "No."

The man who murdered a Calgary boy and his grandparents will not get a new trial after Alberta's top court rejected his appeal Friday.

The Alberta Court of Appeal unanimously quashed Douglas Garland's bid to have his convictions overturned on three counts of first-degree murder after the panel of three judges heard arguments from prosecutors and defence lawyers

 

[casesensitive]

Thank God that appeal is over. Next to come is the sentence appeal. This poor family has endured so much it is beyond the twilight zone. Hopefully the sentence appeal is denied and this monster will crawl back under his rock for the rest of his life. My thoughts are with the Liknes and O'Brien families...I'm so sorry you have to go through this.

 

[MistyWaters]

Yes, here comes the sentencing appeal. The family members must have to numb themselves from these never-ending attempts to appeal. IIRC Canada’s consecutive parole ineligibility has never been heard by the SCC and I certainly hope this piece of scum isn’t who’s case makes it that far.

Top court to consider consecutive punishments for multiple murderers | Calgary Herald
“The minimum length of time convicted triple-murderers Douglas Garland, Joshua Frank and Jason Klaus must serve behind bars before seeking full parole will be argued Tuesday before the province’s top court.

A three-member panel of Alberta Court of Appeal justices — Peter Martin, Jack Watson and Fran Slatter — are set to jointly hear arguments from Crown and defence lawyers over the issue of consecutive parole ineligibility for multiple murderers...

Lawyers Kim Ross and Alias Sanders will submit the minimum 75 years Garland has been ordered to serve for the murders of a Calgary couple and their grandson is excessive.......”

 

[Bravo]

Good Lord! Poor Family. 75 years is far from excessive given this horrific crime.

 

[dotr]

Excessive, harsh?! Maybe in upside down world. imo. rbbm.
https://www.cbc.ca/news/canada/calg...ien-liknes-appeal-decision-sentence-1.5613786
The bodies of Kathy and Alvin Liknes and their grandson Nathan O'Brien have never been found, but DNA from all three was discovered at a farm just north of Calgary where Douglas Garland lived with his parents. (Coronationfuneralhome.ca)
''At Garland's trial, the judge said the usual automatic life sentence with a minimum of 25 years before parole eligibility needed to be increased because of aggravating factors that included Nathan's young age and Garland not expressing remorse.''

''Their bodies were never recovered, but bone fragments, burned flesh and teeth were found in ash from a burning barrel on the property.''

 

[MistyWaters]

What I think is happening here is various defence attorneys are yearning to be the one to take the first case of consecutive 25-year murder sentencing to the SCC. The issue of the SCC ruling on the constitutionality has been brewing ever since the law changed to permit parole ineligibility beyond 25 years only in 2011. The real issue is our justice system is based on rehabilitation, not punishment and I think this is what needs to change. However I don’t expect that will happen in the near future, unfortunately.

BBM - I notice the basis of Garland’s appeal mirrors the prediction in this report -

2017 -
‘U.S. model’ for parole ineligibility likely to face court challenge in Canada: lawyers
“Legal experts say a sentencing provision that can keep killers in prison for the rest of their lives is likely to make its way to the Supreme Court of Canada.

The federal government enacted legislation in 2011 that allows a judge to order a multiple murderer to serve consecutive periods of parole ineligibility for each offence.......

.......Der said it’s a tricky legal issue.

“One of the grounds of appeal will likely be that the consecutive minimums of 25 years amounts to cruel and unusual punishment and, because of that, the section is unconstitutional.”.....”

*****

Now Saretzky is appealing one of his three murder convictions so his appeal on consecutive sentencing is still to come, possibly moving Garland to first out the gate.
Triple murderer Derek Saretzky wants one count overturned
“Der said a sentence appeal on three consecutive life sentences is outstanding, pending the outcome of this hearing.”

 

[Snoopster]

I'm gagging. I believe in judicial process. It's imperative for a just society. But Douglas Garland can't possibly deserve any compassion here. He devised a plan to murder two people. He decided to kill a young innocent child. He tortured them and desecrated their bodies. I can't imagine a case that warrants the most severe sentence available.