Deceased/Not Found Canada - Alvin, 66, & Kathy Liknes, 53, Nathan O'Brien, 5, Calgary, 30 Jun 2014 - #27

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  • #981
Nancy HixtVerified account ‏@NancyHixt 37s38 seconds ago
Gates going through different options open to jury for verdicts: 1st degree, 2nd degree murder and manslaughter (or not guilty) #Garland

Kevin MartinVerified account ‏@KMartinCourts 40s41 seconds ago
If jurors find #Garland committed the killings with murderous intent they'll have to find him guilty of at least 2nd degree murder.
 
  • #982
Kevin MartinVerified account ‏@KMartinCourts 1m1 minute ago
If jurors get to that stage their final issue is "was the murder first-degree murder," says Gates. #Garland

Nancy HixtVerified account ‏@NancyHixt 1m1 minute ago
Gates: Was the murder first degree murder? Was it planned and deliberate? #Garland

Ina SidhuVerified account ‏@CTVInaSidhu 1m1 minute ago
Gates: for 1st degree murder, crown must prove beyond reasonable doubt, not only #Garland murdered them but it was planned and deliberate
 
  • #983
Dogmatica, wouldn't you agree this is planning and deliberate intent to kill as opposed to preparation for a kidnapping?
I would say one does not preclude the other.
 
  • #984
Kevin MartinVerified account ‏@KMartinCourts 53s53 seconds ago
"The scheme or plan (to murder) may be quite simple," says Gates. #Garland

Nancy HixtVerified account ‏@NancyHixt 55s55 seconds ago
Gates notes a murder can be intentional without being planned #Garland

Raffy BoudjikanianVerified account ‏@CBCRaffy 1m1 minute ago
Gates now reminds jury of standards for 1st degree murder: crown must show murders were planned and deliberate. #Garland

Lucie Edwardson ‏@MetroLucie 1m1 minute ago
to convict #Garland of 1st degree murder the Crown must have proved it was planned and deliberate #yyc
 
  • #985
  • #986
Kevin MartinVerified account ‏@KMartinCourts 2m2 minutes ago
Plan to murder can be short, or considered over a long period of time, says judge. #Garland
 
  • #987
Kevin MartinVerified account ‏@KMartinCourts 1m1 minute ago
"You must be satisfied that the killing was done after real consideration," says Gates, for jurors to find first-degree murder. #Garland
 
  • #988
Kevin MartinVerified account ‏@KMartinCourts 53s53 seconds ago
"The scheme or plan (to murder) may be quite simple," says Gates. #Garland

Nancy HixtVerified account ‏@NancyHixt 55s55 seconds ago
Gates notes a murder can be intentional without being planned #Garland

Raffy BoudjikanianVerified account ‏@CBCRaffy 1m1 minute ago
Gates now reminds jury of standards for 1st degree murder: crown must show murders were planned and deliberate. #Garland

Lucie Edwardson ‏@MetroLucie 1m1 minute ago
to convict #Garland of 1st degree murder the Crown must have proved it was planned and deliberate #yyc

He contradicted himself...
 
  • #989
Lucie Edwardson ‏@MetroLucie 1m1 minute ago

"Use your common sense and good judgement in choosing which evidence you choose to accept and rely on" #Garland #yyc


pretty consistant theme today - use your common sense.
 
  • #990
Lucas MeyerVerified account ‏@meyer_lucas 53s53 seconds ago
Regarding Nathan's death, judge says consideration of 'planned and deliberate' may be different from Liknes'
#Garland #yyc
 
  • #991
Meghan GrantVerified account ‏@CBCMeg 32s33 seconds ago
Gates: Nathan's impromptu presence Liknes home likely a surprise but doesn't mean 1st degree murder ruled out as possible verdict #Garland

Kevin MartinVerified account ‏@KMartinCourts 39s40 seconds ago
"Nathan's presence in the residence was in all likelihood a surprise," says Gates. #Garland
 
  • #992
  • #993
Lucas MeyerVerified account ‏@meyer_lucas 53s53 seconds ago
Regarding Nathan's death, judge says consideration of 'planned and deliberate' may be different from Liknes'
#Garland #yyc

I think I like where he is going with this. I think he's giving the jury the means to find Nathan's murder 1st degree.
 
  • #994
Lucas MeyerVerified account ‏@meyer_lucas 1m1 minute ago
Crown's position is Nathan was incorporated into crime, bloody print shows he was alive outside bedroom #Garland
 
  • #995
Lucie Edwardson ‏@MetroLucie 45s46 seconds ago
Of Nathan death Gates says his "presence was in all likelihood a surprise."considerations for his death could be diff from other 2 #Garland

Kevin MartinVerified account ‏@KMartinCourts 1m1 minute ago
Crown theory is #Garland "had a choice, he could let Nathan go, or incorporate him into his original plan," says Gates.
 
  • #996
Lucie Edwardson ‏@MetroLucie 53s54 seconds ago
Gates said the Crown's theory is #Garland could've let Nathan go when he discovered him or incorporate into his plan. #yyc

Lucas MeyerVerified account ‏@meyer_lucas 1m1 minute ago
Gates says Nathan's presence in home was likely a surprise, but that doesn't mean 1st degree is ruled out #Garland
 
  • #997
  • #998
Kevin Martin ‏@KMartinCourts · 2m2 minutes ago
Crown theory is #Garland "had a choice, he could let Nathan go, or incorporate him into his original plan," says Gates.

Bingo !! Just had to comment on this one because the wording is so simplistic. Garland had a choice > a choice requires thought > deciding between two thoughts, IMO = premeditation
 
  • #999
Kevin MartinVerified account ‏@KMartinCourts 1m1 minute ago
If #Garland unlawfully confined Nathan before killing him that would be first-degree murder as well, Gates explains.

Lucas MeyerVerified account ‏@meyer_lucas 1m1 minute ago
Still on subject of 1st degree murder question of O'Brien, Gates goes over factor of "unlawful confinement" #Garland #yyc

Lucie Edwardson ‏@MetroLucie 1m1 minute ago
If Nathan was "unlawfully confined" (mentally, physically or was injured) that would be 1st degree murder as well #Garland #yyc

there is is.
 
  • #1,000
Ina SidhuVerified account ‏@CTVInaSidhu 39s39 seconds ago
Gates: if Nathan O'Brien was unlawfully confined before he was killed - that would be first degree murder as well #Garland

Lucas MeyerVerified account ‏@meyer_lucas 46s46 seconds ago
Jury can come to conviction if they find O'Brien was forcibly confined #Garland #yyc

Bill GravelandVerified account ‏@BillGraveland 48s48 seconds ago
Gates says jury needs to decide if Nathan O'Brien was confined or kidnapped by Douglas #Garland even if he didn't initially plan to kill

Nancy HixtVerified account ‏@NancyHixt 53s53 seconds ago
Gates discussing first degree murder w/respect to Nathan O'Brien-can find if it was planned/deliberate or if unlawfully confined #Garland
 
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