GUILTY - Wayne Millard Murder Trial - Dellen Millard Charged With Murder - #4

[Dion]

(From Adam Carter, CBC)

Forestell says Millard told police that his father was a "regular drinker." Millard's defence presented evidence to suggest that Wayne Millard was a depressed, reclusive alcoholic.

Forestell says the toxicology evidence shows that Wayne Millard had consumed alcohol on the night of his death. "I find that Wayne Millard had a drinking problem," Forestell says, adding that toxicology reports showed he had misused alcohol for a lengthy period of time.

The judge also says there is no medical evidence to show Wayne Millard had a history of depression.

Forestell now calling back to evidence from Marlena Menses, in which she said Wayne Millard sometimes seemed unwashed, and not in clean clothes.

The judge is now moving on to talking about the new business Wayne Millard was building. She says there was "conflicting evidence" about this venture at the trial.

Some people testified that Wayne Millard was excited about the business, though it wasn't making any money yet.

Forestell says Dellen Millard told police that the business was a "source of lots of stress" and "there was a chance the business would fail."

The judge also says there was evidence presented showing that Wayne Millard was making short term and long term plans before he died.

The judge says she can't draw any inferences from Marlena Meneses's evidence. She says she found Janet Campbell was an honest witness, but her impressions of Millard's mood were "coloured by her belief about the cause of his death."

She also says Wayne Millard's business associates did not give reliable evidence about his mental state.

She says the business had used up much of Wayne Millard's available money.

The judge says she found Wayne Millard had significant business stresses, and had a drinking problem.

Forestell says the Crown submitted that Millard's post offence conduct after finding his father's body was consistent with guilt. "I do not find that the reported demeanour of Dellen Millard after finding his father's body has any probative value," Forestell says.

Forestell says all she is able to conclude is Wayne Millard died sometime after 3 a.m. and sometime before 5:56 p.m. on Nov. 29.

Judge to deliver decision in Wayne Millard murder trial | CBC News

 

[redwing7225]

I don't like the way this is sounding so far (I'm following along with Adam Carter).

The Wayne Millard trial decision

My thoughts as well
But...if found not guilty, is there a better chance of Bosma family getting the $$ from the lawsuit?

 

[Dion]

I don't like the way this is sounding so far (I'm following along with Adam Carter).

The Wayne Millard trial decision

I agree and this is not what I was hoping for. She is ruling out much of the evidence against DM.

 

[Factoria]

My thoughts as well
But...if found not guilty, is there a better chance of Bosma family getting the $$ from the lawsuit?

Today's decision will definitely impact the amount of funds available to the Bosma family in their civil suit. How the 'slayer rule' could keep millions of dollars away from Millard's victims | CBC News

 

[Dion]

Lisa Hepfner is also in court. You can read her tweets here - @ LisaHepfnerCHCH

 

[redwing7225]

Imo, verdict should be guilty BUT it's more of an emotional verdict than fact based. (Given prior knowledge of his previous convictions).
Fact...he is never getting out of prison.
My only hope is a not guilty would allow the Bosma family lawsuit to move forward with positive monetary compensation for wrongful death/murder of Tim

 

[Sillybilly]

I don't like the way this is sounding so far (I'm following along with Adam Carter).

The Wayne Millard trial decision

Here for Wayne today.

I agree and, at this time, it feels like she is leaning toward NG but I've seen this before (can't remember which trial) where they lay out the sides equally but later on get into the differences and ultimately a Guilty verdict.

Let's remember that "not only must justice be done but justice must be seen to be done". IMO could be the judge showing the areas that were not helpful, areas that were equally counter-balanced where she could not lean one way or another, but she is showing that it was reviewed and considered. IMO, the most important yet to come will be the physical evidence.

All that aside, IF it is a Not Guilty verdict that does not mean Innocent, and there are those of us who, regardless of what Justice Forestell ultimately rules, will always believe that Millard killed his own father. I'm part of that group.

 

[jash]

The worst part of a not guilty verdict would be DM having the smug satisfaction of thinking he outsmarted everyone. *puke*

I can't be mad at the judge because she has valid points. I can, however, be mad at the police who failed to secure the scene and properly collect and test evidence and investigate.

 

[andreww]

The worst part of a not guilty verdict is DM will have the smug satisfaction of thinking he outsmarted everyone. *puke*

I can't be mad at the judge because she has valid points. I can, however, be mad at the police who failed to secure the scene and properly collect and test evidence and investigate.

I can be mad at the judge. Dismissing Millards lying about the events of that night as having no value is ludicrous. How can she dismiss Meneses' testimony?

 

[matou]

Will she shift based on DM's DNA on the gun, though?

 

[Factoria]

There's a stark contrast in tone between the tweets coming from Adam Carter and Lisa Hepfner. If I read only AC's tweets, I'd be close to certain we're about to hear a Not Guilty verdict, but just the opposite if I were to read only LH's tweets. Interesting.

 

[andreww]

Well she ruled DM bought the gun. Thats step in the right direction.

 

[JDG]

I believe he's guilty of killing his own father. Doesn't matter to me that Dad had a few beers that night, not one iota.

 

[gremlingrrl]

The worst part of a not guilty verdict would be DM having the smug satisfaction of thinking he outsmarted everyone. *puke*

(RSBM)

This!!! I had planned to be in court today, but couldn't be. It seems to be for the better; I don't think I could stomach the inevitable smug, smirking grin (and whatever other body language and communication) he'll be directing at the families and other spectators if he's found not guilty.

 

[andreww]

Still think he'll be found guilty.

 

[Sillybilly]

I can be mad at the judge. Dismissing Millards lying about the events of that night as having no value is ludicrous. How can she dismiss Meneses' testimony?

I wonder though, when she refers to DM's "demeanour", is she possibly differentiating between physical behaviour and verbal. Maybe she will specifically address his lying later on in her ruling.

 

[gremlingrrl]

I can be mad at the judge....

How can she dismiss Meneses' testimony?

(RSBM)

Only that testimony that doesn't have independent corroboration. The taxi call, phone locations throughout the night, etc will support several of her statements.

 

[Sillybilly]

Ok, she's not dismissing MM's account entirely and I am hopeful that she is going in the right direction ...

The judge accepts "Meneses's account of the night in question, and that Millard's conduct was unusual for her."

and

The judge says "evidence supports that Millard was in the area of Maple Gate Court in the early morning hours of Nov. 29, 2012."

 

[andreww]

Judge does not believe Dellen #Millard stayed at Smich's house the night his father died. He said that to establish an alibi, judge says, to conceal his involvement in his father's death.

Think she just showed her cards

 

[Sillybilly]

YES !!

"Forestell now saying that Millard lied to police about staying over at Smich's home, and that it was "fabricated to conceal his involvement in the death of his father." She says Millard lied after making steps to create a "false alibi."