Verdict: GUILTY for both Millard and Smich of 1st degree murder #3

[deugirtni]

Good for the Crown and TD for exposing DM's tactics. The guy's nuttier than an Oh Henry bar! (JMHO)

BBM Millard addressed the court to explain the delay in hiring lawyers.

"He said he has been denied legal aid, and that ongoing civil court matters have made it difficult to obtain funding. McMahon said the court would assist in expediting any civil court matters so that the criminal trials can proceed. “I’ve gone through a process of selecting which counsel to represent me. These aren’t light charges,” he said. “This is pretty serious stuff.”

https://www.thestar.com/news/crime/...-of-laura-babcock-postponed-to-sept-2017.html

OK- it's refreshing to see DM realize that "this is pretty serious stuff"- and I'm sure that having to spend time in the same room as TD bothered him to no end. So much love between the two. More interesting is that the Courts are going to expedite the Civil matters- he can't get at any moola- can't get legal aid- oh so sad. Wonder what his process was in selecting the lawyer that couldn't start until 2018. Perhaps Mama Rabbit is going to have to hop back into the Courts to get some more cash freed up? What an existence. MOO

All this time, ever since the LB charges were laid against DM, he has been saying he will defend himself, but now, when the trial is only 4 months away, he realizes, oops, 'these aren't light charges, this is pretty serious stuff'? Obviously not the genius he thought he was and purports to be. jmo

 

[deugirtni]

They're not twins! They don't have to be together at the same location when these court appearances turn up.

*If* the appearance was in relation to a case for which they are jointly charged and will be tried together, I believe the two are scheduled to attend all appearances together. I wasn't personally aware that that particular case number was in regard to the LB case, but perhaps others were. jmo

 

[deugirtni]

Good for the Crown and TD for exposing DM's tactics. The guy's nuttier than an Oh Henry bar! (JMHO)

BBM Millard addressed the court to explain the delay in hiring lawyers.

"He said he has been denied legal aid, and that ongoing civil court matters have made it difficult to obtain funding. McMahon said the court would assist in expediting any civil court matters so that the criminal trials can proceed. “I’ve gone through a process of selecting which counsel to represent me. These aren’t light charges,” he said. “This is pretty serious stuff.”

https://www.thestar.com/news/crime/...-of-laura-babcock-postponed-to-sept-2017.html

OK- it's refreshing to see DM realize that "this is pretty serious stuff"- and I'm sure that having to spend time in the same room as TD bothered him to no end. So much love between the two. More interesting is that the Courts are going to expedite the Civil matters- he can't get at any moola- can't get legal aid- oh so sad. Wonder what his process was in selecting the lawyer that couldn't start until 2018. Perhaps Mama Rabbit is going to have to hop back into the Courts to get some more cash freed up? What an existence. MOO

Too bad the LB trial (and the WM trial) will be held in Toronto. I don't feel like travelling there every day for months, but really want to attend. Ugh.

 

[SnooperDuper]

*If* the appearance was in relation to a case for which they are jointly charged and will be tried together, I believe the two are scheduled to attend all appearances together. I wasn't personally aware that that particular case number was in regard to the LB case, but perhaps others were. jmo

But that didn't happen at the TB trial - they both made separate appearances until the trial came about.

 

[matou]

Too bad the LB trial (and the WM trial) will be held in Toronto. I don't feel like travelling there every day for months, but really want to attend. Ugh.

I may show up for a few days during this trial.

 

[deugirtni]

I may show up for a few days during this trial.

Me too. Will be too hard to stay away.

 

[Tealgrove]

I want to pop in for CN's trial. I think some pretty interesting stuff is going to come to light there.

 

[deugirtni]

But that didn't happen at the TB trial - they both made separate appearances until the trial came about.

They did? i wasn't aware of that. i don't understand why something relating to the trial which they both must attend would hold court sessions with only one of them? Wouldn't virtually everything be in the interests of both parties? I was thinking perhaps wanting to get the trial separated into 2 separate trials would be an example of that, but even that would be of interest to both parties, where wouldn't both have an opportunity to speak to it? i'm confused.

 

[matou]

What are all the civil court matters about anyway?

 

[deugirtni]

The financial aspect.

What are all the civil court matters about anyway?

Tim Bosma’s family launches lawsuit against his killers

In addition to the two convicted murderers, Millard's mother, Madeleine Burns, and his girlfriend, Christina Noudga — who is charged with being an accessory after the fact to the murder — are also listed as defendants in the lawsuit.

The statement of claim specifically notes that the transfer of properties from Millard to his mother in the days after his arrest in May 2013 was "a fraudulent conveyance aimed at protecting his assets from creditors and as such, unlawful."

http://www.thespec.com/news-story/6817562-tim-bosma-s-family-launches-lawsuit-against-his-killers/

 

[SnooperDuper]

They did? i wasn't aware of that. i don't understand why something relating to the trial which they both must attend would hold court sessions with only one of them? Wouldn't virtually everything be in the interests of both parties? I was thinking perhaps wanting to get the trial separated into 2 separate trials would be an example of that, but even that would be of interest to both parties, where wouldn't both have an opportunity to speak to it? i'm confused.

Early on, they had separate appearances...only when things progressed closer to the trial did they appear together. It depends on what point in the proceedings they are at, I guess. Aside from that,

- DM has SB and family's civil suit, MWJ's gun trial, the WM murder trial that are his issues alone.

- MS has the breach (contacting MM) that is his issue alone.

So there are a couple reasons beyond the LB trial that they might make court appearances alone.

 

[deugirtni]

Early on, they had separate appearances...only when things progressed closer to the trial did they appear together. It depends on what point in the proceedings they are at, I guess. Aside from that,

- DM has SB and family's civil suit, MWJ's gun trial, the WM murder trial that are his issues alone.

- MS has the breach (contacting MM) that is his issue alone.

So there are a couple reasons beyond the LB trial that they might make court appearances alone.

Yes for sure their appearances would be separate for those cases they are involved in individually. I'm not convinced that for a joint trial however, that they wouldn't both be scheduled to appear at each hearing. jmo.

But now that you remind me, why would MS have been charged with that breach of contacting MM, when DM didn't seem to face any further charges for all of those communications with CN, which they have numerous concrete proof of? Doesn't seem right?

 

[deugirtni]

Good for the Crown and TD for exposing DM's tactics. The guy's nuttier than an Oh Henry bar! (JMHO)

BBM Millard addressed the court to explain the delay in hiring lawyers.

"He said he has been denied legal aid, and that ongoing civil court matters have made it difficult to obtain funding. McMahon said the court would assist in expediting any civil court matters so that the criminal trials can proceed. “I’ve gone through a process of selecting which counsel to represent me. These aren’t light charges,” he said. “This is pretty serious stuff.”

https://www.thestar.com/news/crime/...-of-laura-babcock-postponed-to-sept-2017.html

OK- it's refreshing to see DM realize that "this is pretty serious stuff"- and I'm sure that having to spend time in the same room as TD bothered him to no end. So much love between the two. More interesting is that the Courts are going to expedite the Civil matters- he can't get at any moola- can't get legal aid- oh so sad. Wonder what his process was in selecting the lawyer that couldn't start until 2018. Perhaps Mama Rabbit is going to have to hop back into the Courts to get some more cash freed up? What an existence. MOO

From that, I am getting that DM is having difficulty getting access to his money, because there are civil suit(s) waiting to be decided? Which led me to wonder... what happens in a case where someone wealthy gets sued for millions of dollars? When that happens, are the funds immediately held in limbo until the lawsuit's resolution? If that were the case, then wouldn't it be way too easy for someone with a vendetta to hold up his enemy's cash for years and years, even before the person is found responsible and ordered to pay out whichever amount? (These civil trials can take years, I've heard!) That would really screw up someone's life! (Not talking specifically about DM here, because we already know he IS guilty, that his funds are already on hold likely due to his father's inheritance factor, and that his life is already wasted, but just generally enquiring about other wealthy people who are perhaps innocent but have a hater).

 

[Alethea Dice]

Early on, they had separate appearances...only when things progressed closer to the trial did they appear together. It depends on what point in the proceedings they are at, I guess. Aside from that,

- DM has SB and family's civil suit, MWJ's gun trial, the WM murder trial that are his issues alone.

- MS has the breach (contacting MM) that is his issue alone.

So there are a couple reasons beyond the LB trial that they might make court appearances alone.

Why would SB and family's civil suit be DM's issue alone, when they are suing everyone?

In addition to the two convicted murderers, Millard's mother, Madeleine Burns, and his girlfriend, Christina Noudga — who is charged with being an accessory after the fact to the murder — are also listed as defendants in the lawsuit.

http://www.thespec.com/news-story/6817562-tim-bosma-s-family-launches-lawsuit-against-his-killers/

 

[Alethea Dice]

From that, I am getting that DM is having difficulty getting access to his money, because there are civil suit(s) waiting to be decided? Which led me to wonder... what happens in a case where someone wealthy gets sued for millions of dollars? When that happens, are the funds immediately held in limbo until the lawsuit's resolution? If that were the case, then wouldn't it be way too easy for someone with a vendetta to hold up his enemy's cash for years and years, even before the person is found responsible and ordered to pay out whichever amount? (These civil trials can take years, I've heard!) That would really screw up someone's life! (Not talking specifically about DM here, because we already know he IS guilty, that his funds are already on hold likely due to his father's inheritance factor, and that his life is already wasted, but just generally enquiring about other wealthy people who are perhaps innocent but have a hater).

I wonder how one goes about retaining a lawyer when the courts freeze your money and also deny your request for legal aid.

 

[deugirtni]

Why would SB and family's civil suit be DM's issue alone, when they are suing everyone?

http://www.thespec.com/news-story/6817562-tim-bosma-s-family-launches-lawsuit-against-his-killers/

I think that it isn't so much that it is his issue alone, but rather that he is between a rock and a hard place, due to his funds being held in limbo, unaccessible, and yet he was refused legal aid due to being wealthy on paper. MS likely doesn't have a dime to his name, so he wouldn't have an issue getting legal aid assistance, and perhaps same with CN, since they are both adults and even if their parents have money, they don't have an obligation to spend it on their adult children's legal defence. jmo

 

[SnooperDuper]

I wonder how one goes about retaining a lawyer when the courts freeze your money and also deny your request for legal aid.

I thought the trustee was willing to draw from what he had for legal defence?

Are those bankruptcy docs still up?

 

[MsSherlock]

I thought the trustee was willing to draw from what he had for legal defence?

Are those bankruptcy docs still up?

Here's the last one- freeing up 75K
http://www.zeifmans.ca/wp-content/uploads/2016/07/Order-June-16-2016-2.pdf

 

[marymcd]

Millard was arrested May 10th, signed power of attorney over to his mother May 11th and transferred ownership of 3 properties to her on May 17th. I would think that a closer look would need to be taken to see if any assets have been hidden to avoid liability at some point.

https://www.thestar.com/news/crime/2013/06/05/millard_land_deals_beyond_smelly_experts_say.html

MB arranged to have some funds essentially borrowed from WM's estate and released to cover legal costs which IIRC was said to be routine. This assignment is against money owed to Millard by Millard Properties. During the trial, it appeared to me that there wasn't a very distinct line drawn when personal or business expenses were allocated to either Millardair or Millard Properties.

Although legitimate, I have to confess it doesn't sit well with me that he might be able to access his inheritance from his father to pay for his defence when he is awaiting trial for the murder of his father unless his mother was named in WM's will as a beneficiary. If I am understanding the following attachments correctly then the only asset to draw from is the 1.6M promissory note being paid out over 120 months. I am neither an accountant or a lawyer, so please do correct me if I'm not understanding this correctly. All this to say that the funds being released from WM's estate as a loan may never be paid back, again if I understand the following documents.

http://www.zeifmans.ca/wp-content/uploads/2016/07/Notice-and-Statement-of-Receiver-Nov-23-2015-2.pdf
http://www.zeifmans.ca/wp-content/uploads/2016/07/Order-June-16-2016-2.pdf

Since he has been denied legal aid, I guess he's going to have to dig a little deeper into his mother's pockets to pay for his legal costs.

 

[marymcd]

I have always been suspicious of Millard's motives for defending himself for LB's trial. As a result, he was given full disclosure of the Crown's evidence very early on. Causing trial delays would be a natural assumption, but could it also have given him more opportunity sooner, rather than later to build a story around the evidence that could be plausable?