Harley in the Hangar: Chop Shop?

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I would say if he just rips stuff a part at the chop shop and was not involved in the test drive scenerio, then I would say no if he was there when they went on the test drive then yes. Keep in mind the truck was in a trailer away from the chop shop. I don't believe it was dismantled either
 
The officer in charge of the case must have thought it was ok.

Property - Evidence

Claims to property, which have been seized by the police or held as evidence, cannot be released to the public by Property Branch staff without prior written consent from the officer in charge of the case.

http://www.hamiltonpolice.on.ca/HPS/Services/Property/Evidence.htm

That's understood, np. But again, one would think it would be eminently useful to the TB case to establish that DM ran a chop shop and it was a sizeable operation. To this end, all (!) stolen vehicles or parts are important evidence. I really have hard time imagining Kavanagh would let this go - even if it does not have a direct connection ito the Bosma case, i.e. if LE has at this time enough evidence that the truck was incidental windfall in what was a murder for the hell of it. Still, the stolen vehicles should be detained as exhibits and new charges laid against DM (and whoever else). This bolsters the Bosma case in establishing that DM was a thief and not a legit businessman.

Best,
J.
 
Yes I do believe that photographic evidence is good enough in theft cases. I would find it hard to believe that a prosecutor would have to haul a Harley in pieces into a courtroom to prove that the Harley was stolen and found in the Millard hangar.

MOO

Exactly, providing the evidence is photographed and logged, recorded what ever, it is returned. what if your car was stolen then found the vehicle isn't brought into the court room!! It's returned to you after the police have processed it!
 
That's understood, np. But again, one would think it would be eminently useful to the TB case to establish that DM ran a chop shop and it was a sizeable operation. To this end, all (!) stolen vehicles or parts are important evidence. I really have hard time imagining Kavanagh would let this go - even if it does not have a direct connection ito the Bosma case, i.e. if LE has at this time enough evidence that the truck was incidental windfall in what was a murder for the hell of it. Still, the stolen vehicles should be detained as exhibits and new charges laid against DM (and whoever else). This bolsters the Bosma case in establishing that DM was a thief and not a legit businessman.

Best,
J.

Perhaps the police kept just the seat. After all, the article said the owner just got a bunch of parts back, not a complete bike. As far as I know, there was also no mention of them returning the trailer either.
 
Perhaps the police kept just the seat. After all, the article said the owner just got a bunch of parts back, not a complete bike. As far as I know, there was also no mention of them returning the trailer either.

I checked the reports of what was returned of the bike and you are right, there is no mention of the trailer being returned. Good eye !

Best,
J.
 
So the guy gets most of his bike back with the exception of the seat? That has got to be a pain in the butt.
 
I agree... it may not be relevant (just some young guys screwing around), or it might be (as Matou said, could be indicative of a general attitude/propensity to take things).

Also just to clarify, this wasn't just a photo-op. There are photos of the cart in the back of DM's truck both while driving on the street and on his driveway at home. Of course we don't know if DM returned the cart to the store at a later time... somehow I don't think the neighbours would appreciate seeing it laying on the grass somewhere.

BBM I agree. May be nothing, however in my experience when a person is caught speeding, it isn't their 1st time, generally. Same as a coworker having an accident on the job, it isn't likely the first time they cut corners on safety.

I doubt this is the first time DM has seriously broken the law, just the first time he has been caught. JMO
 
I noticed the tattoo is not boxed in on the pictures in the files which makes me wonder about the significance of the box. Could it mean he felt boxed in by his ambition? Or perhaps he was boxing in his ambition to never let it go?

The few photos I've seen indicate no frame or box. I remember some statements that he later framed or boxed in the wording.

I guess as you, that it may have suggested he felt that HIS ambition was boxed in and restricted perhaps by the family history(aviation) which was not what he was all about.
 
His lawyer has questioned why the harley was released to the owner, rather than kept as evidence in the case - is this usual?

Also, I wondered if it would now be the property of the insurance company - assuming that it was insured - rather than be returned to the owner, who surely would not be able to keep the insurance money as well as the bike.

Generally, the way it works is the owner makes requests in writing, filed with the DA/Crown, for the return of his property. The DA/Crown can refuse and hold as evidence. Pictures/photos that specifically ID items, along with positive ID and statement by a professional in that field OR a LE suffice as the actual item itself.

Any attorney would or should know that(including DM's), so either they will use photos and expert witness or they simply won't lay charges for the Harley.

I am not specifically sure of the evidence laws in Canada, however they are generally the same as US.
 
So the guy gets most of his bike back with the exception of the seat? That has got to be a pain in the butt.

That would be silly why keep just the seat. Hey dude here's your bike back but we are keeping the seat or the muffler or the handle bars as evidence. Just photograph, log all the evidence, and return the bike to the dude
 
That would be silly why keep just the seat. Hey dude here's your bike back but we are keeping the seat or the muffler or the handle bars as evidence. Just photograph, log all the evidence, and return the bike to the dude

And if your client is a pure as the new fallen snow, why worry/question why the cops returned a stolen Harley, I mean heck it couldn't have any bearing on your Saintly client.
 
A small diversion from the fact your client could have committed at least one murder we know of
 
That would be silly why keep just the seat. Hey dude here's your bike back but we are keeping the seat or the muffler or the handle bars as evidence. Just photograph, log all the evidence, and return the bike to the dude

DNA~snort.

It frames the criminal case, as the owners personally added VIN or ID is present there.
 
That's understood, np. But again, one would think it would be eminently useful to the TB case to establish that DM ran a chop shop and it was a sizeable operation. To this end, all (!) stolen vehicles or parts are important evidence. I really have hard time imagining Kavanagh would let this go - even if it does not have a direct connection ito the Bosma case, i.e. if LE has at this time enough evidence that the truck was incidental windfall in what was a murder for the hell of it. Still, the stolen vehicles should be detained as exhibits and new charges laid against DM (and whoever else). This bolsters the Bosma case in establishing that DM was a thief and not a legit businessman.

Best,
J.

IIRC, Det Kavanagh's background is in organized auto theft. He's probably well-versed in precisely what evidence is required to support a case.
 
is it possible they have different suspects for the stolen Harley, they said a black truck backed down the driveway and drove away with the trailer and Harley inside, the owner also said he handed over video footage of the theft..maybe the Bike was stolen by 2 others and that is why DM has not been charged, possible friends or connections to him but perhaps not him in the video.
 
is it possible they have different suspects for the stolen Harley, they said a black truck backed down the driveway and drove away with the trailer and Harley inside, the owner also said he handed over video footage of the theft..maybe the Bike was stolen by 2 others and that is why DM has not been charged, possible friends or connections to him but perhaps not him in the video.

I understood from the newspaper report that the stolen trailer was almost immediately registered in someone else's name as a homemade trailer. We don't know whose name but it will be evidence for a charge. I am sure we will see more charges coming.
 
I understood from the newspaper report that the stolen trailer was almost immediately registered in someone else's name as a homemade trailer. We don't know whose name but it will be evidence for a charge. I am sure we will see more charges coming.

Hey, gbay. Do you happen to have a link for that? Thanks.
 
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