Couple of Questions..if you please
Where do the appeal notices fit in with CN's trial? Wondering about time frame to grant or refuse. Because "technically" an appeal could turn over a verdict. If DM is not found guilty, where does CN's involvement come into play? If he's not guilty of anything, she's can't be found guilty as an accessory (not that I think in a million years this would happen, I am just wondering if they put her trial on hold until that messy appeal process is settled????)
If by chance, any info was garnered from DM's cell phone ( or MS or any other one of the "lucky their asses aren't in jail crew" for that matter) to implicate him in LB's death or his father's death while they were searching for info on TB, does that make it null and void? How broad are search warrants? If LE only stated they were looking for TB evidence and fell into a well of info on others would they have had the option to stop what they were doing and request "permission" to proceed further on other cases or is it accepted that any other evidence of crime is accepted? How does that work?
Thanks in advance for your help in my understanding of this!
Good questions! I hope people here who know more about this will answer. I tried to look up the answers & the following is my understanding:
TB's death was ruled a homicide. On the second day of his charge to the jury, Justice Goodman said that there was no evidence to support the notion that TB's death was an accident.
Both DM & MS themselves placed themselves as the only two people there when TB was killed. When DM was arrested, he had nitrile gloves in his possession that had TB's blood, DM's DNA & CN's DNA. In theory, (IMO) if DM were ever to be found innocent, CN is still linked to TB's murder. Not only with the glove evidence, but through text messages ('mission' discussion), moving the eliminator, wiping off prints off the trailer...and I'm guessing more evidence that will be revealed at her trial.
She also wrote 'cannot prove because no prints' on a note found in her room- to me signaling consciousness of guilt.
I found this about search warrants:
From:
https://en.wikibooks.org/wiki/Canadian_Criminal_Procedure_and_Practice/Search_and_Seizure/Warrantless_Searches/Incident_to_Arrest
In the situation of an arrest, it is generally permitted that upon lawful arrest, police have the power to search a person for officer safety reasons as well where there is "some reasonable prospect of securing evidence of the offence for which the accused is being arrested" and to secure that evidence.
A legally unauthorized search to make an inventory is not a valid search incidental to arrest (Caslake at para. 30);
The three main purposes of a search incidental to arrest are: (1) to ensure the safety of the police and the public; (2) to protect evidence; (3) to discover evidence (Caslake at para. 19);
The categories of legitimate purposes are not closed: while the police have considerable leeway, a valid purpose is required that must be “truly incidental” to the arrest (Caslake at paras. 10, 20 and 25);
If the justification for the search is to find evidence, there must be a reasonable prospect the evidence will relate to the offence for which the person has been arrested (Caslake at para. 22);
From:
https://en.wikibooks.org/wiki/Canadian_Criminal_Procedure_and_Practice/Search_and_Seizure/Warrant_Searches/Execution
Whenever evidence, other than records or documents, are seized pursuant to a search warrant or incidental to a search, the officer must file an initial Report To Justice under s.489.1 regardless of whether charges are contemplated.
They found a DVR in CN's closet. As we now know, that that digital video recorder contained footage from DM's air hangar in the hours after TB's murder (DM, MS & DM's dog walking through the hangar before the outside CCTV footage of the hangar & the eliminator flames).
That was found at CN's home, but used against DM & MS at their trial.
IMO, her possession & control of the DVR, & DM's letters make her guilty of being an accessory after the fact to murder - she knew TB had been murdered when police found those items in her possession. And I think that's only part of the evidence.
The Canlii information online about Iisho aka MWJ's arrest on drug charges also illustrates how an arrest and following search of his home unfolds into a list of charges for himself & the woman he was living with:
https://www.canlii.org/en/on/oncj/doc/2014/2014oncj570/2014oncj570.html?searchUrlHash=AAAAAQAUbWF0dGhldyB3YXJkIGphY2tzb24AAAAAAQ&resultIndex=1
Is there another user name?
