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

[Velma]

Merry Christmas, Happy Hanukkah and/or Happy Holidays to everyone here! It has been a pleasure being in your company over the last few years and I wish you all well in 2017.

 

[mojatato]

AnnBro is a member on WS. Go to her web site and click on the link.

 

[mojatato]

Interesting question - this will all come out in the trial!

 

[Errrr]

I'm into the early pages of ABs book Dark Ambition and something eerie has come up. These details have come up before but the juxtaposition in the book of of these two things is alarming. She first tells of employees mentioning the appearance of cars with the interiors ripped out (like Bosmas truck) and then goes on to explain the construction and testing on the farm of the rocket ship incinerator! I know what I make of this.
I wonder if there are more missing men who sold their cars?

 

[SnooperDuper]

Alyshah Hasham ‏@alysanmati 1h1 hour ago
In court for yet another appearance of Dellen Millard and his attempts to get lawyers for his two upcoming murder trials

Alyshah Hasham ‏@alysanmati 1h1 hour ago
Millard was denied Legal Aid and is appealing. His appeal is still pending. Legal Aid rep is in court too

Alyshah Hasham ‏@alysanmati 1h1 hour ago
Legal Aid rep says he knew this matter would be complicated but didn't realize how much. Needs more info to do w real estate transaction

Alyshah Hasham ‏@alysanmati 1h1 hour ago
Millard's lawyer asks Millard not have to come back to court for interim appearances so he can work on his case at the penitentiary

Alyshah Hasham ‏@alysanmati 60m60 minutes ago
Crown says they have more than 30 terabytes of disclosure in this case.

Alyshah Hasham ‏@alysanmati 57m57 minutes ago
The matter comes back to court on Jan 31 for another update on Millard's quest for Legal Aid.

 

[LoyalSleuth]

Alyshah Hasham ‏@alysanmati 1h1 hour ago
In court for yet another appearance of Dellen Millard and his attempts to get lawyers for his two upcoming murder trials

Alyshah Hasham ‏@alysanmati 1h1 hour ago
Millard was denied Legal Aid and is appealing. His appeal is still pending. Legal Aid rep is in court too

Alyshah Hasham ‏@alysanmati 1h1 hour ago
Legal Aid rep says he knew this matter would be complicated but didn't realize how much. Needs more info to do w real estate transaction

Alyshah Hasham ‏@alysanmati 1h1 hour ago
Millard's lawyer asks Millard not have to come back to court for interim appearances so he can work on his case at the penitentiary

Alyshah Hasham ‏@alysanmati 60m60 minutes ago
Crown says they have more than 30 terabytes of disclosure in this case.

Alyshah Hasham ‏@alysanmati 57m57 minutes ago
The matter comes back to court on Jan 31 for another update on Millard's quest for Legal Aid.

BBM - Thats a lot of data!!! The evidence bin is pretty full :laughing:

 

[matou]

Sorry, is this for the Wayne Millard case or Laura Babcock r.e. 30 terabytes of disclosure? That amount of data is mind boggling. Could it be a typo?

 

[SnooperDuper]

Sorry, is this for the Wayne Millard case or Laura Babcock r.e. 30 terabytes of disclosure? That amount of data is mind boggling. Could it be a typo?

All I really know is that the LB trial comes first - it really isn't clear from the reporter's tweets and articles because she discusses both cases together because they are both entangled in the same Legal Aid issue.

I suspect she means the LB case.

30TB...they must have video.

 

[Kamille]

I don't think the matter of where the money is and the "shady" real estate transaction that took place right after his arrest is going to be sorted out for quite some time. I think legal aid should approve funding until it is sorted out to get these trials moving and they should bill DM if and when it is determined there is money there.

MOO

 

[SnooperDuper]

I don't think the matter of where the money is and the "shady" real estate transaction that took place right after his arrest is going to be sorted out for quite some time. I think legal aid should approve funding until it is sorted out to get these trials moving and they should bill DM if and when it is determined there is money there.

MOO

Was just reading the bizarre case of XJT in Toronto:

The jury was not told why Teng did not have a defence lawyer, although MacDonnell did tell the jury her frequent claim that she was being denied a lawyer was simply not true.

Outside the jury’s presence, court heard that Teng fired her first lawyer after several months and, after going through three more lawyers, switched to lawyer Devin Bains in 2013.

Her trial was initially set to begin in September 2015. Just before it began, Bains informed the court that, after consulting senior counsel at the Law Society of Upper Canada, he needed to be removed due to a breakdown in his relationship with Teng.

Teng maintained to the court she wanted him to continue as her lawyer.

Arrangements were made for another lawyer to take over and for the trial to proceed in November, but Teng refused this.

The next available date for a trial was at the end of October 2016.

Teng still would not hire a new publicly-funded lawyer despite the urging of the court, altthough she did speak to several.

Eventually, the Ministry of the Attorney General filed materials indicating that, should she hire a lawyer, they would oppose an application for funding, as that would “reward” her efforts to abuse the system.

Interesting to hear that if you play the system, you could lose your right to a publicly paid-for lawyer...and even if you can't afford a lawyer, the court moves on.

Before the trial began, Teng tried to have her charges stayed due to unreasonable delay, pointing out that it would be almost five years from her arrest in March 2012 to the end of her trial. (It has now been four years and 10 months.)

She cited the Supreme Court of Canada’s recent landmark decision, which set a 30-month time limit for cases to go from arrest to the end of trial in Superior Court, a ruling she’d heard about from a fellow inmate.

Teng argued the delay has had serious consequences for her. One is that she has been unable to see her young daughter, who now lives in China with her husband’s family. If the criminal case had proceeded faster, the Children’s Aid Society might not have made that custody decision, she said.

Crown prosecutor Robert Fried argued Teng was trying to manipulate the court, after being responsible for the delays that came from changing her lawyers many times.

“The only thing that is unreasonable has been the conduct of Ms. Teng and her attempt to use her Charter right as a sword, not a shield,” he said.

MacDonnell did not stay the charge, finding that the long period of time was justified under the legal framework that existed prior to the Supreme Court of Canada’s ruling.

That last part is interesting because then DM and MS would be denied the same defence of delay, IMO.

https://www.thestar.com/news/crime/...-of-husbands-slaying-after-bizarre-trial.html

 

[Kamille]

The new framework still does not allow for any delays that are attributed to the defence anyway...which a good portion of the delays in all of these cases are likely the result of. However it is interesting to note that a good portion of the delays for MS can be attributed to the delays of DM's defense. I wonder how that might affect things for a co-accused within the new framework?

The majority decision (Justices Moldaver, Karakatsanis, and Brown writing) includes a summary of the new framework (at para 105). The first step is to determine the length of delays caused by the defence and subtract those delays from consideration. Then whether or not the ceiling has been passed determines who has the burden of proof. When the accused has waited for trial less than the prescribed ceiling (18 months for provincial court, 30 months for superior court), the burden is on the defence to show the delay was unreasonable. The defence must lead evidence that they took steps to speed the proceedings, and that the case took markedly longer than it should have. Once the ceiling has been passed, the burden shifts to the Crown, and the Crown must show that exceptional circumstances beyond its control caused the otherwise unreasonable delay in order to avoid a section 11(b) violation. A flexible approach must be taken for cases already in the system. (at para 105)

http://ablawg.ca/2016/07/14/justice-in-a-timely-manner/

 

[Kamille]

Alyshah Hasham ‏@alysanmati 1h1 hour ago
Millard's lawyer asks Millard not have to come back to court for interim appearances so he can work on his case at the penitentiary

What does this mean? DM is too busy playing pretendy lawyer in his prison cell to bother with making appearances to beg for money to hire a real lawyer? :waitasec:

And who is paying for the lawyer he is using to fight for his claim that he can't afford a lawyer? :waitasec:

MOO

 

[cyber_sleuth]

And let's not forget ... he also needs a lawyer for his appeal of the original conviction :sigh:

 

[Bellers]

I don't think the matter of where the money is and the "shady" real estate transaction that took place right after his arrest is going to be sorted out for quite some time. I think legal aid should approve funding until it is sorted out to get these trials moving and they should bill DM if and when it is determined there is money there.

MOO

Here's why I think they won't ever get that money back:

https://www.thestar.com/news/crime/...richard-wills-over-13-million-legal-bill.html

 

[deugirtni]

If there are 2 accuseds being tried together, and one of those is causing undue delays due to their own antics, I could see the other accused being set free since the delays were out of his control, and had nothing to do with himself. Wouldn't it be so ironic if DM's antics ( resulting in prolonging of the trial) ended up freeing his co-accused, but not himself?

That case you have referenced, it is so disgusting to think that our money is wasted with people like this, they are deliberately circumventing the laws, and now undoubtedly, this person will appeal... and who knows what the next judge will rule on the reasonings set forth by the first judge.

When the article says, "MacDonnell did not stay the charge, finding that the long period of time was justified under the legal framework that existed prior to the Supreme Court of Canada’s ruling", does this mean that the long period of time *wouldn't* have been justified under the legal framework which exists now?

Was just reading the bizarre case of XJT in Toronto:



Interesting to hear that if you play the system, you could lose your right to a publicly paid-for lawyer...and even if you can't afford a lawyer, the court moves on.



That last part is interesting because then DM and MS would be denied the same defence of delay, IMO.

https://www.thestar.com/news/crime/...-of-husbands-slaying-after-bizarre-trial.html

 

[Velma]

Alyshah Hasham ‏@alysanmati 1h1 hour ago
In court for yet another appearance of Dellen Millard and his attempts to get lawyers for his two upcoming murder trials

Alyshah Hasham ‏@alysanmati 1h1 hour ago
Millard was denied Legal Aid and is appealing. His appeal is still pending. Legal Aid rep is in court too

Alyshah Hasham ‏@alysanmati 1h1 hour ago
Legal Aid rep says he knew this matter would be complicated but didn't realize how much. Needs more info to do w real estate transaction

Alyshah Hasham ‏@alysanmati 1h1 hour ago
Millard's lawyer asks Millard not have to come back to court for interim appearances so he can work on his case at the penitentiary

Alyshah Hasham ‏@alysanmati 60m60 minutes ago
Crown says they have more than 30 terabytes of disclosure in this case.

Alyshah Hasham ‏@alysanmati 57m57 minutes ago
The matter comes back to court on Jan 31 for another update on Millard's quest for Legal Aid.

Whoaaaa 30TB?! That is a crippling amount of info.

 

[Typhoo1961]

What does this mean? DM is too busy playing pretendy lawyer in his prison cell to bother with making appearances to beg for money to hire a real lawyer? :waitasec:

The lawyer probably figures having him in court for those appearances isn't helping matters any.

 

[SnooperDuper]

On Friday in Ontario Superior Court, Justice John McMahon set the trial for the murder of Wayne Millard for March 20, 2018.

http://www.cbc.ca/news/canada/toron...th-of-his-father-set-for-march-2018-1.3816105

^ this is from October 16, something changed?

 

[matou]

Argggh. Come on....

 

[Kamille]

New juror support program was launched yesterday at the John Sopinka courthouse...

Ontario will provide free access to counselling for jurors who experience PTSD after particularly graphic trials and coroner inquests.

The Juror Support Program was launched Tuesday afternoon by Attorney General Yasir Naqvi at the John Sopinka Courthouse in Hamilton.

"Serving on a jury is a fundamental civic responsibility that we all share," said Naqvi. "But serving on a jury is not an easy job by any measure."

http://www.cbc.ca/news/canada/hamil...-counselling-for-traumatized-jurors-1.3960368

In response to an audience member’s questions, Naqvi said Hamilton was chosen in part because of the Tim Bosma case, one of the biggest trials in the city’s history. Dellen Millard and Mark Smich were found guilty of first-degree murder in the death of Bosma, a 32-year-old father who disappeared after leaving with the two men to test drive a truck he was trying to sell. The court established that Bosma was shot in his truck by the men and his body was incinerated at Millard’s family farm.
“Hamilton has seen some difficult cases — the Bosma trial is a very good example — so we felt it was appropriate we came to Hamilton to talk about the program and make sure the jurors that were involved in that trial would hear,” Naqvi said.

http://www.canadianlawyermag.com/legalfeeds/date/2017/2.html