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

[palisadesk]

I wonder why it was never reported what prison these two would be sent to after sentencing? Or was it and I missed it?

Since their convictions, they are now federal prisoners and would have been moved in a timely manner to a federal facility. Corrections Canada does not, as a general rule, release information on where prisoners are located, though in some cases it leaks out to the media via family or otherwise.

We do know that they would be taken to an intake facility, and in this case, since they are maximum-security inmates, the only such intake facility in Ontario is at Millhaven. After their assessments etc. there, which take several weeks, they would be assigned to a maximum-security facility for the longer term, most likely in Ontario because of family, but not necessarily.

It's highly unlikely they will be spending more time in city or provincial jails until close to the time for their next trial appearances.

 

[Tealgrove]

Since their convictions, they are now federal prisoners and would have been moved in a timely manner to a federal facility. Corrections Canada does not, as a general rule, release information on where prisoners are located, though in some cases it leaks out to the media via family or otherwise.

We do know that they would be taken to an intake facility, and in this case, since they are maximum-security inmates, the only such intake facility in Ontario is at Millhaven. After their assessments etc. there, which take several weeks, they would be assigned to a maximum-security facility for the longer term, most likely in Ontario because of family, but not necessarily.

It's highly unlikely they will be spending more time in city or provincial jails until close to the time for their next trial appearances.

Do you think that MS and DM would be in the SAME facility?

 

[THXGuru]

Do you think that MS and DM would be in the SAME facility?

Very unlikely at the same facility.

I wonder why it was never reported what prison these two would be sent to after sentencing? Or was it and I missed it?

Perhaps they are being kept at their respective jails until the other trials to facilitate their lawyers? Or both have been moved to a Toronto jail since the other cases are there? I guess that would make it easier on them to see family and friends over the holidays?

MOO

I believe it was reported that they are both in the Toronto area pending their Laura Babcock trials.

 

[SnooperDuper]

Courts reporter for the Toronto Star.

Alyshah Hasham ‏@alysanmati
At Dellen Millard's appearance this morning. More drama with him getting Legal Aid. He has been rejected but wants to hire Nadir Sachak
6:48 AM - 14 Dec 2016

Alyshah Hasham ‏@alysanmati 10h10 hours ago
(Sachak was one of the lawyers who repped Millard at the Bosma trial). Millard is appealing the Legal Aid decision.

Alyshah Hasham ‏@alysanmati 10h10 hours ago
Justice McMahon is trying to push things along. The trial for murder of Laura Babcock is set for Sept 2017.

Alyshah Hasham ‏@alysanmati 10h10 hours ago
Co-accused Smich's lawyer is concerned the trial will be further delayed.

Alyshah Hasham ‏@alysanmati 10h10 hours ago
Millard is waiting on some documents that will take until mid-Jan. Judge says come back Jan 11 for update anyway.

 

[Georgeo]

Courts reporter for the Toronto Star.

Alyshah Hasham ‏@alysanmati
At Dellen Millard's appearance this morning. More drama with him getting Legal Aid. He has been rejected but wants to hire Nadir Sachak
6:48 AM - 14 Dec 2016

Alyshah Hasham ‏@alysanmati 10h10 hours ago
(Sachak was one of the lawyers who repped Millard at the Bosma trial). Millard is appealing the Legal Aid decision.

Alyshah Hasham ‏@alysanmati 10h10 hours ago
Justice McMahon is trying to push things along. The trial for murder of Laura Babcock is set for Sept 2017.

Alyshah Hasham ‏@alysanmati 10h10 hours ago
Co-accused Smich's lawyer is concerned the trial will be further delayed.

Alyshah Hasham ‏@alysanmati 10h10 hours ago
Millard is waiting on some documents that will take until mid-Jan. Judge says come back Jan 11 for update anyway.

Why is DM allowed to delay proceedings in LB trial? He was charged with her murder in April 2014. He has had 2-1/2 years to secure legal representation! Certainly long enough to get his financial house in order and figure out whether he is representing himself or hiring a lawyer.

His delay tactics are ludicrous. JMO

 

[THXGuru]

Why is DM allowed to delay proceedings in LB trial? He was charged with her murder in April 2014. He has had 2-1/2 years to secure legal representation! Certainly long enough to get his financial house in order and figure out whether he is representing himself or hiring a lawyer.

His delay tactics are ludicrous. JMO

There are no tatics. He does not qualify for legal aid, and he cannot access his funds that are frozen so he can obtain a lawyer.

 

[mojatato]

It was sent by Ann Brocklehurst - and quite informative! I think you need to sign up for her news feed/newsletter.

 

[Alethea Dice]

It was sent by Ann Brocklehurst - and quite informative! I think you need to sign up for her news feed/newsletter.

What was? The court appearance?

 

[Georgeo]

There are no tatics. He does not qualify for legal aid, and he cannot access his funds that are frozen so he can obtain a lawyer.

Like he didn't know his money was frozen in the last 2-1/2 years since being charged with LB's murder, as well as his dad's murder???? This is totally a game to him...

 

[THXGuru]

Like he didn't know his money was frozen in the last 2-1/2 years since being charged with LB's murder, as well as his dad's murder???? This is totally a game to him...

Right. But explain to me this. If Dellen Millard does not qualify for legal aid, and Dellen Millard cannot access his money for a lawyer, how does he proceed from here? In the past, he was allowed access to some of his funds for the Tim Bosma trial, when the Bosmas added a civil lawsuit after the murder conviction, he now no longer is able to get any of the money for his trial.

 

[MrsThreadgoode]

Right. But explain to me this. If Dellen Millard does not qualify for legal aid, and Dellen Millard cannot access his money for a lawyer, how does he proceed from here? In the past, he was allowed access to some of his funds for the Tim Bosma trial, when the Bosmas added a civil lawsuit after the murder conviction, he now no longer is able to get any of the money for his trial.

I guess MB needs to step up to the plate? He transferred funds to her, and I believe she has PoA. MOO. There is a financial reason he doesn't qualify for Legal Aid.


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[Alethea Dice]

Like he didn't know his money was frozen in the last 2-1/2 years since being charged with LB's murder, as well as his dad's murder???? This is totally a game to him...

His money hasn't been frozen for the last 2 1/2 years. That only happened in November 2015, 6 months after the Bosma's filed their lawsuit.

 

[Alethea Dice]

I guess MB needs to step up to the plate? He transferred funds to her, and I believe she has PoA. MOO. There is a financial reason he doesn't qualify for Legal Aid.


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He transferred property to her, which was sold and used for the TB trial and to pay off WM's debt for the hangar. When the courts freeze your assets and assign a receiver, the Power of Attorney cannot overrule that and no longer has the say on what happens to those funds. It's all in the hands of the courts and the receiver.

A simple solution would be to give him his legal aid on the condition that, if he is not found guilty in the WM trial and/or the Bosma's don't win their $14m lawsuit, he be required to repay legal aid.

 

[Tealgrove]

I worked at Legal Aid quite some time ago.

When I was there, loans were offered to those that had assets that could be used as collateral against the "loan". In addition, co-signers were frequently part of the equation.

Legal Aid doesn't just blindly say yeah or nay to funds being offered. Investigations do take place and an in depth financial assessment is performed. There MUST be something that he can be use to pay for a lawyer if Legal Aid is turning him down. They must believe that he has the ability to pay himself otherwise he would qualify for either straight up Legal Aid or the "loan" type arrangement.

I think we are not "in the know" about all of DM's financial picture. MOO

 

[Tealgrove]

MOO

You know, DM's pattern has been to steal what he wants rather than pay for it. I see no difference here. He's working the system to benefit himself and quite frankly, if we were to really look hard at what's happening he is once again, trying to steal something without paying for it.

Legal Aid must have proof that he has the ability to pay for his own legal defence otherwise he'd qualify. I don't think they would make the decision to turn DM down lightly. Legal Aid is the Government. They do the financial assessments however, the Law Society of Upper Canada is also involved, or it once was. It was a two pronged collaborative effort.

In a high profile case such as this, the decision to qualify, or not to qualify an applicant, would move up the ladder and higher ups would be reviewing the file and making these decisions.

it will be interesting to see how things shake out. Maybe DM will have to defend himself as he originally intended.

 

[MrsThreadgoode]

Does anyone know if it has been resolved as to why Wayne Millard's body was released so early for cremation?

IIRC, I believe his body was taken from the morgue and cremated before a cause of death had been recorded by the pathologist? What possible scenarios would allow this huge mistake to happen?


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[Georgeo]

Does anyone know if it has been resolved as to why Wayne Millard's body was released so early for cremation?

IIRC, I believe his body was taken from the morgue and cremated before a cause of death had been recorded by the pathologist? What possible scenarios would allow this huge mistake to happen?


Sent from my iPad using Tapatalk

An oversight by morgue releasing body to the family perhaps? Or family's insistence that the body must be cremated ASAP due to religious reasons? JMO

 

[palisadesk]

I'm not certain why it's believed that DM has been denied Legal Aid. It has been widely reported in MSM that he is applying for Legal Aid for the two upcoming trials, and court was attempting to expedite this process for him.

No report that I can find says that he has been "denied" Legal Aid, only that he hasn't yet applied (for these trials to come, at least).

Here are some sources:

https://www.thestar.com/news/gta/20...al-aid-for-upcoming-murder-trial-defence.html

http://www.ctvnews.ca/canada/aviati...al-aid-to-help-fund-2-murder-trials-1.3125717

There have not been further announcements since then AFAIK.

 

[THXGuru]

I'm not certain why it's believed that DM has been denied Legal Aid. It has been widely reported in MSM that he is applying for Legal Aid for the two upcoming trials, and court was attempting to expedite this process for him.

No report that I can find says that he has been "denied" Legal Aid, only that he hasn't yet applied (for these trials to come, at least).

Here are some sources:

https://www.thestar.com/news/gta/20...al-aid-for-upcoming-murder-trial-defence.html

http://www.ctvnews.ca/canada/aviati...al-aid-to-help-fund-2-murder-trials-1.3125717

There have not been further announcements since then AFAIK.

I believe you are looking at some older news. I think the latest court appearance addressed this.

 

[whydontchathen]

It was sent by Ann Brocklehurst - and quite informative! I think you need to sign up for her news feed/newsletter.

Hi mojatato,

what is "it"? I tried to sign up for AB's news feed/newsletter - at least I tried to - but I don't get anything. Would you be able to give a tip on how to do this and maybe I can begin receiving the news? TIA