Wayne Millard Murder Trial - Dellen Millard Charged With Murder - #2

[mimimic]

Not sure what a cabbie would remember. Just another fare years ago. He may have kept a log and thus could testify to where he picked up a fare at a given time and where he dropped him off, but I wouldn't expect anything more than that.

Could GPS keep their records for them? Plus the call made to them by one of DM's phones confirming which cab company to call...

 

[ABro]

MM lied in her statements to police at the time to protect herself, MS and DM. She even lied about what DM was wearing that night. If you remember, she wasn't questioned until after TB's murder.
She told some lies at both previous trials, but quickly corrected the info. She did lie about cocaine use, because they ruled that nobody was allowed to mention cocaine. MWJ also lied at the LB trial because it was something they ruled could not be spoken about... something to do with DM contacting him for a gun. They brought MWJ back the next day and rephrased the question so he could answer it truthfully.

This.

Also judges know that witnesses lie to police all the time. It is extremely common for them to try and minimize their roles and portray themselves in a better light.

If judges and juries understand the reasons for the initial lies, it can even enhance the witness’s credibility if the rest of the testimony is strong and they withstand cross examination.

For example MM originally told police she didn’t know about the incinerator. She later said it was because she couldn’t deal with the idea Smich would burn people. For most people, that’s an understandable lie.

Also, it’s not like anyone’s convicting on her testimony alone. It’s another brick in the wall.

 

[MistyWaters]

Could GPS keep their records for them? Plus the call made to them by one of DM's phones confirming which cab company to call...

It’ll be interesting. If he intentionally stayed over at MSs place to give himself an alibi, to leave with a cellphone, call a cab from a convenience store and then possibly pay with a credit card, he wasn’t covering his tracks very well.

My theory is DM went back to his fathers house by 3am, perhaps just to stay the night and overheard him talking sweet things on the phone to his girlfriend. Outraged, not unlike a jealous spouse but because he appears to have never been able to accept the breakdown of his parents marriage, the gun was in the basement and he used it. Then he went back to MSs in the early hours.

The significance of this quote is puzzling but 20 years after the fact, that his parents divorce is still on his mind is revealing imo.

“Nobody has come forward to fully corroborate the discord in the Millard household — that is, other than Dellen himself, who would later write, “For twenty years, ever since my parents got divorced, I have been surviving one spiritual blow after another.”
Wayward son

 

[Purr]

My theory is DM went back to his fathers house by 3am, perhaps just to stay the night and overheard him talking sweet things on the phone to his girlfriend. Outraged, not unlike a jealous spouse but because he appears to have never been able to accept the breakdown of his parents marriage, the gun was in the basement and he used it. Then he went back to MSs in the early hours.

Interesting theory but if the crown thought that, the charge would have been 2nd degree murder (with no premeditation or planning).

 

[MistyWaters]

Interesting theory but if the crown thought that, the charge would have been 2nd degree murder (with no premeditation or planning).

I’m thinking to get a gun from the basement with intent of shooting someone after he goes to sleep would be premeditated.

ETA: If DM had planned to stay at MS’s as an alibi, then why leave because there goes the alibi. That’s what doesn’t make sense to me....not that murder ever makes sense. Given the party crowd he hung out with, I’d think DM could’ve waited until they all passed out and snuck out of the house in the early hours without anyone ever knowing.

Unless he arrived at his fathers place much later than 3am, my thought is he did overhear that phone conversation and the motive lies somewhere within his stunted, self obsessed mind.

 

[Purr]

I'm not a lawyer, but I understand 1st degree murder (except for some exceptions like the killing of police officer/prison guard on duty, forcible confinement/kidnapping/hijacking or sexual assault*) requires both proof of planning and deliberation. The scenario you describe sounds like an impulsive action driven by emotion (outrage).

Here's the section on planning and deliberation for first degree murder from WikiBooks Canadian Criminal/Law/Homicide:
Canadian Criminal Law/Offences/Homicide - Wikibooks, open books for an open world

"Planned and Deliberate[edit]
First degree murder must be "planned and deliberate".[1]

There must be more than a "bare sufficiency of evidence" on planning and deliberation.[2]

A "planned" murder refers to one that is "conceived and carefully thought out prior to being committed".[3]

It must have "a design or scheme be arranged beforehand."[4]

However, it can be "simple and need not necessarily be in place for a long period of time"[5]

A "deliberate" murder is not impulsive. It must be a considered act[6] where "he thinks about the consequences and carefully thinks out the act, rather than proceeding hastily, rashly or impulsively"[7]

The elements of "planned and deliberate" can be proven on by circumstantial evidence.[8] However, it cannot be equivocal or speculative of whether it was "planned and deliberate".[9]"

* other exceptions are criminal harassment, contract murder, terrorist activity, criminal organization and intimidation

I'm assuming the crown will present some evidence showing planning and deliberation, we just haven't heard it yet.

As well, DM's cell phone "pings" are going to be used (as they were in the 2 previous trials), they agreed on cell phone tower evidence today. The "pings" will probably show that he went to Maplegate that night and then returned back to MS' place in Oakville.

 

[6degrees]

The majority of the lying under oath was in police interviews and statements, and those mistruths and half truths were corrected by the time she actually testified. She lied under oath in the last trial, but admitted it literally in the next breath while still on the stand. I don't think it's as bad as it sounds, but at the same time it's not going to have much value as truth without corroborating evidence at this point.

Part of it is her fault, but a lot of it is not. It was six months after the fact before she was asked about anything, and eight statements and two trials later it is not that surprising that some things will be garbled. Memories are altered a little every time we take them out and put them back. Mixing up breakfast for lunch. Or what you did the next day relative to some other day when you were also with Millard. Or whether the dog was there or not. To me the core of this is that DM left under atypical circumstances, leaving behind a phone and a credit card, and didn't reappear until after she was asleep. If that lines up with DM movements proven some other way, through taxi records, credit card records, cell phone stuff - on the night that Wayne died - I think her testimony still has value.

Beautifully stated JuneBug67. You've distilled it down nicely. I particularly like that you've highlighted to people,"Memories are altered a little every time we take them out and put them back.". The human memory is so complex and I think it's easy to forget that when people get on the stand to testify and they can't recall events like we think they should.

 

[Satchie]

ETA: If DM had planned to stay at MS’s as an alibi, then why leave because there goes the alibi.

I'm presuming he left because he wanted to have plenty of time to kill his father.

His alibi worked, he told police he was at Smich's all night, and they believed him. Maybe they did a bit of checking up on it, maybe not, but he was prepared in case they did. Smich would lie for him, no question.

It was only after he'd been caught having murdered Tim Bosma that police became determined to crack his alibi, and I'm sure invested a great deal of resources and time to do it.

ETA: DM was very cocky. Leaving Bosma's truck in the hangar where that guy could see it. Walking up to Bosma's house where witnesses saw him, exposing his tattoo on the test drive, inviting Laura to his house to kill her. He thought he had it all under control.

 

[Kamille]

I just got caught up. Still no idea where Pedo actually was that night.

 

[Satchie]

I just got caught up. Still no idea where Pedo actually was that night.

Apparently he was with Mark Smich's mother. Wonder where he is now.

 

[6degrees]

I’m thinking to get a gun from the basement with intent of shooting someone after he goes to sleep would be premeditated.

ETA: If DM had planned to stay at MS’s as an alibi, then why leave because there goes the alibi. That’s what doesn’t make sense to me....not that murder ever makes sense. Given the party crowd he hung out with, I’d think DM could’ve waited until they all passed out and snuck out of the house in the early hours without anyone ever knowing.

Unless he arrived at his fathers place much later than 3am, my thought is he did overhear that phone conversation and the motive lies somewhere within his stunted, self obsessed mind.

I disagree that leaving MS's place is blowing his alibi. We have to remember by this point in time, MS and DM are very tight, have already killed LB and have been scheming to steal a Dodge Ram 3350 for months. We know from previous testimony they had big criminal plans together. While MM may have been in the dark to the plan for the evening, hence he verbalizes that he's going on a date, there's no way that DM didn't trust MS to cover for him and attest to the alibi should things go sideways and they all get questioned.

I do hope we find out what Millard did when he left Smich's place at around 9:00pm because as JC testified, she was on the phone with WM til around 3:00am and she thinks maybe she heard DM enter the house. Did Millard go right to the house thinking his father would be home and he was just going to get straight to business but heard him on the phone and thus didn't enter or quietly let himself out, or waited in the basement, biding his time? The thought of someone just waiting for their father to finish a telephone conversation with a person he loves so you can murder them is completely unimaginable.

 

[Kamille]

I'm presuming he left because he wanted to have plenty of time to kill his father.

His alibi worked, he told police he was at Smich's all night, and they believed him. Maybe they did a bit of checking up on it, maybe not, but he was prepared in case they did. Smich would lie for him, no question.

It was only after he'd been caught having murdered Tim Bosma that police became determined to crack his alibi, and I'm sure invested a great deal of resources and time to do it.

ETA: DM was very cocky. Leaving Bosma's truck in the hangar where that guy could see it. Walking up to Bosma's house where witnesses saw him, exposing his tattoo on the test drive, inviting Laura to his house to kill her. He thought he had it all under control.

He trusted his inner circle. And three murders in, it appears that they all held firm and turned a blind eye to any suspicion or actual knowledge they had. If not for one astute man who went on a test drive and noted a tattoo, where would DM and the others be right now? And how many more dead people in their wake?

MOO

 

[Kamille]

Apparently he was with Mark Smich's mother. Wonder where he is now.

Well that was one story. Another was MM was playing with him all night. Still another was he was at Maplegate waiting for DM to get home from "work".

I'd think it would be important to pick apart DM's lies in his police statement but apparently not?

ETA: It has been said that Pedo now lives with MB.

 

[Sphinx]

Maybe, he had also arranged an alibi for MB and she had a bottle wine with JS?

Good point about MB, who lived alone, being with JS that night. They both came to the Maplegate house after DM called his Mother to tell her that WM was dead. I wonder, were they together during the time WM was killed ? Did MB make sure she had an alibi because she knew that DM was going to take care of " the problem " which could cause them both to lose an inheritance if WM remarried and changed his will ? IMO

 

[Purr]

Did MB make sure she had an alibi because she knew that DM was going to take care of " the problem " which could cause them both to lose an inheritance if WM remarried and changed his will ? IMO

MB was divorced from Wayne years before. She'd have no claim on his estate even if the will hadn't been changed.

Inheriting Property - Ministry of the Attorney General

 

[Satchie]

MB has never been charged with anything, it's a violation of TOS to accuse her. She's family of a murderer and therefore a victim.

Police know most mothers will cover up for their children, so they're rarely charged or called as witnesses.

 

[Sphinx]

MB was divorced from Wayne years before. She'd have no claim on his estate even if the will hadn't been changed.

Yes, I know, but WM was generous with her, giving her monthly support payments from the company, of about I think $5,000. per month, and she knew that when DM inherited everything, he would continue to take care of her. Things could have been much different, if a second wife were in the picture. DM would not have inherited everything then, and WM might not have wanted to be continue to be so generous to his former wife. IMO

 

[6degrees]

MB was divorced from Wayne years before. She'd have no claim on his estate even if the will hadn't been changed.

I would disagree. If WM had named MB a beneficiary to his estate in his will and had not changed it, their marital status would have no impact on the details written into his will. A person's legal connection to the decedent has no bearing on whether he receive something from an estate as documented in a will.

 

[Purr]

MB has never been charged with anything, it's a violation of TOS to accuse her. She's family of a murderer and therefore a victim.

Police know most mothers will cover up for their children, so they're rarely charged or called as witnesses.

I agree.

Although I wish she and CN been charged with obstruction of justice (for wiping the fingerprints off the trailer with Tim's truck inside), I think accusing her of being a co-murderer of her ex husband is over the top. If the police thought she had knowledge of Wayne's murder before it happened, they would have charged her. They did not, so obviously they do not.

 

[Kamille]

Good point about MB, who lived alone, being with JS that night. They both came to the Maplegate house after DM called his Mother to tell her that WM was dead. I wonder, were they together during the time WM was killed ? Did MB make sure she had an alibi because she knew that DM was going to take care of " the problem " which could cause them both to lose an inheritance if WM remarried and changed his will ? IMO

We have been assured that we're going to hear about how JS came to be there so we'll just have to be patient. It is notable that they lived not far from each other and JS's mother was a good friend to MB. I do not believe MB had any involvement but rather was used by her son to help with the 911 call and to display proper emotions when the first responders arrived since DM couldn't count on the housekeeper finding WM and reluctantly had to go "find" him himself.

I wonder how it would have gone if the housekeeper HAD found WM in the morning?

MOO