SnooperDuper
Well-Known Member
- Joined
- May 14, 2013
- Messages
- 7,676
- Reaction score
- 2,837
Because if he is truly innocent of his father's murder, there will be money available from WM's estate to pay DM's lawyer bills?
Verdict: GUILTY for both Millard and Smich of 1st degree murder #3
- Thread starter Sillybilly
- Start date
Because if he is truly innocent of his father's murder, there will be money available from WM's estate to pay DM's lawyer bills?
ABro
Verified Expert
I don't know. If the finances were truly so dire it makes you wonder why MB would have taken out a $400,000 line of credit so her son could make a huge downpayment on a condo? Why did they keep SS on at the hangar on full salary? Why would they be applying to build a drive shed at the farm?
Also, you left off the money the company supposedly owes DM.
I'm far from convinced either way. We just don't have enough information.
canadiangirl
Well-Known Member
- Joined
- Jan 3, 2013
- Messages
- 2,829
- Reaction score
- 94
One condo sale could pay SS wages or build a shed. You don't need to pay your debt because you liquidated an asset.
SnooperDuper
Well-Known Member
- Joined
- May 14, 2013
- Messages
- 7,676
- Reaction score
- 2,837
Perhaps DM's financial situation changed in the time between he committed to buy and was forced to close? Then the LOC was not the original plan, but an emergency stop-gap.
$50k/year is small potatoes compared to the other numbers, especially when paid to the henchman that knows all of your secrets.
To have someplace to store his stuff after the hangar was sold...I'm sure DM had a sense that he needed to get out of that situation by April 2013. It could be built with help from buds, allowing DM to pay in arrears, pay in drugs, etc. He'd only really have to worry about cost of materials. It wouldn't be as expensive as a condo, by far.
Don't even know what that money was. What's left of the loan? His share of the hangar? The hangar wasn't paid for in full in cash - there is a promissory note - so that ties up his cashflow as well.
I always figured DM was under a cashflow crunch when TB was killed. He had money, he just couldn't access it, and no doubt the $15k/month charges for Jeep parts added up, and there was at least one loan and mortgage to worry about as well, as well as DM's cost of living DM's party lifestyle.
I really think he was on the brink of having his finances crash down around his head, and his arrest triggered the liquidations and losses we saw.
Typhoo1961
Active Member
- Joined
- Feb 23, 2016
- Messages
- 951
- Reaction score
- 192
Poor DM????
ABro
Verified Expert
It was an emergency stop-gap. This was shown at the trial. My point is MB had to be pretty confident that her 400 grand was coming back to her, and she likely wouldn't have been unless she believed Dellen had ample funds.
It's not small potatoes if you're broke.
It was money he was owed from paying off the hangar loan. Whether he will ever get it depends partly on what assets Wayne did or didn't have. And that is something we don't know.
It was proved pretty conclusively at trial that he was in a cash flow crunch but that doesn't mean he had no assets nor does it mean there are no assets now.
We just don't have enough information to know.
This is why there's a lawsuit -- to find out what assets Millard and his mother have, and to sue for them.
I'm confused. And a little frustrated to read about the motions DM plans to bring forward in the spring. Can a direct indictment be quashed? I think the severance motion would be much more advantageous for MS than DM. Could a denial of these motions present more opportunity for an appeal if convicted?
As Althea Dice pointed out in an earlier post, one article says he was denied legal aid, and in the latest article it states that he is going to apply for legal aid.
"Millard addressed the court to explain the delay in hiring lawyers. He said he has been denied legal aid. . ."
https://www.thestar.com/news/crime/...-of-laura-babcock-postponed-to-sept-2017.html
"Mr. Millard, you can apply for legal aid Monday morning, but you have to be diligent hiring counsel," McMahon said.
http://kitchener.ctvnews.ca/dellen-millard-seeking-legal-aid-for-upcoming-murder-trials-1.3125715
And if it was acceptable to release funds from WM's estate to pay both MB's and DM's legal fees before, why wouldn't he have to exhaust those funds before being granted legal aid?
I have to think that DM is getting a lot of amusement from all of this. DM responses to Superior Court Justice John McMahon:
“I’ve gone through a process of selecting which counsel to represent me. These aren’t light charges,” he (DM) said. “This is pretty serious stuff.”
"Diligence takes time your honour," Millard said.
His arrogance is mind boggling!
JMO
As Althea Dice pointed out in an earlier post, one article says he was denied legal aid, and in the latest article it states that he is going to apply for legal aid.
"Millard addressed the court to explain the delay in hiring lawyers. He said he has been denied legal aid. . ."
https://www.thestar.com/news/crime/...-of-laura-babcock-postponed-to-sept-2017.html
"Mr. Millard, you can apply for legal aid Monday morning, but you have to be diligent hiring counsel," McMahon said.
http://kitchener.ctvnews.ca/dellen-millard-seeking-legal-aid-for-upcoming-murder-trials-1.3125715
And if it was acceptable to release funds from WM's estate to pay both MB's and DM's legal fees before, why wouldn't he have to exhaust those funds before being granted legal aid?
I have to think that DM is getting a lot of amusement from all of this. DM responses to Superior Court Justice John McMahon:
“I’ve gone through a process of selecting which counsel to represent me. These aren’t light charges,” he (DM) said. “This is pretty serious stuff.”
"Diligence takes time your honour," Millard said.
His arrogance is mind boggling!
JMO
Does anyone know what would happen if he were to show up at trial without legal representation next September?
A preliminary hearing is not a constitutional right. I wonder if another reason for the motion for severance is so that he can cut Smich loose and then continue with more antics to cause more delays. If he wants to turn this into a fun hobby for the next number of years, is there anything to stop him?
I'm probably fretting needlessly since both motions will probably be denied.
MOO
A preliminary hearing is not a constitutional right. I wonder if another reason for the motion for severance is so that he can cut Smich loose and then continue with more antics to cause more delays. If he wants to turn this into a fun hobby for the next number of years, is there anything to stop him?
I'm probably fretting needlessly since both motions will probably be denied.
MOO
I actually welcome the challenge to the direct indictment. Not because of anything to do with DM one way or another, but because a direct indictment is intended to be an extraordinary measure - one that was applied to these defendants twice. For the sake of the principles of justice and the appropriate checking of the power of the state let the state argue for it again, this time without the winds of fresh public disgust and outrage at their backs. If it remains legally justifiable presumably it will stand, but it's a point worth testing.
I can't presume to know what MB's calculus was when she got the condo line. That was the transaction where DM told his mother not to bother showing up for lunch if she didn't come up with check for him. Under that kind of emotional blackmail who knows if her decision was financially rational.
I can't presume to know what MB's calculus was when she got the condo line. That was the transaction where DM told his mother not to bother showing up for lunch if she didn't come up with check for him. Under that kind of emotional blackmail who knows if her decision was financially rational.
ABro
Verified Expert
A direct indictment can be quashed but apparently it's all very complex and a specialized area of law that relates to the attorney general's powers.
I think MS benefits from being tried next to DM. Look what happened at the Bosma trial. To some people, MS looked good in comparison.
Both these things can be true. He could be looking to have the decision reconsidered. Or his financial situation may have changed.
ETA: According to the documents, the funds are being taken from Wayne's estate to pay off company obligations (the shareholder loan) that are contributing to the cash flow problems. This is not the same thing as Dellen collecting part of his inheritance, which is still blocked. For me, many of the questions about how much money DM has or doesn't have revolve around this "shareholder loan" and Wayne's estate's ability and/or obligation to pay it off.
SnooperDuper
Well-Known Member
- Joined
- May 14, 2013
- Messages
- 7,676
- Reaction score
- 2,837
July 2014, in my notes.
Sarcasm. Sorry, thought it was obvious.
Wasn't the $400,000 LOC that MB was to take out so that DM could come up with the required funds to complete the condo purchase? If so, I believe his original plan had been to buy it, and then sell it for a profit when completed.. without ever having to have the actual cash in hand. But it didn't work out that way, and although he apparently had a buyer on the line, he had to first close the purchase, before he could finalize the sale. Therefore, he needed to come up with some kind of bridge financing to just get him through that very short period of time between the time when he had to fork over the closing funds, and the time when he would receive the funds from the sale. MB knew she would get her money back within days (assuming that the condo did in fact have an immediate buyer). Imo, there wasn't much risk there for MB's money to not be returned to her quickly.
Chapter 7 - Managing the Unrepresented Accused
https://www.attorneygeneral.jus.gov.on.ca/english/about/pubs/lesage_code/chapter_7.php
ABro
Verified Expert
I agree that was basically the plan but the point is that she likely believed she was helping her son through a cash crunch and not anything more serious. In the latter situation, a lender might worry about the condo sale proceeds being diverted and not being repaid.
Thanks for that link! Very interesting!
MsSherlock
Well-Known Member
- Joined
- May 17, 2013
- Messages
- 1,825
- Reaction score
- 423
IMO MB didn't register a mortgage on the Distillery condo for the 400K and that could be why Maple Gate was sold and closed so quickly after DM was arrested. I still can't get over the fact that before the end of the weekend DM was arrested and prior to the murder charges being laid, DM had transferred substantial holdings to MB plus given her POA for the remainder. They didn't even know at that moment that DM wouldn't be getting bail in a couple days. The woman is extremely intuitive-unless of course she knew what was in the trailer- then all bets are off in concern to her psychic abilities. MOO
http://www.cbc.ca/news/canada/toron...th-of-his-father-set-for-march-2018-1.3816105
In this article, it states that DM WILL rely on legal aid, not that he will be making application. Wow.
So DM wants the direct indictment in the LB case to be 'overturned'? And what will this get him? More tax dollars wasted on his behalf to get the same result? More time wasted so that he might have a hope of having the charges dropped due to the length of time to get to trial in the LB case?
In this article, it states that DM WILL rely on legal aid, not that he will be making application. Wow.
So DM wants the direct indictment in the LB case to be 'overturned'? And what will this get him? More tax dollars wasted on his behalf to get the same result? More time wasted so that he might have a hope of having the charges dropped due to the length of time to get to trial in the LB case?
It's intended to be an extraordinary measure when a DI is handed down. Preliminary hearings allow a defendant a preview of crown witnesses and strategy and when a defendant desires this standard step in the trial process but is denied, that must be justified. I have no problem with this challenge at all, and in fact welcome it. Why were these direct indictments and were they justified? The public needs to be able to have faith in these kinds of extraordinary decisions.