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

[Georgeo]

Thanks, Deugirtni & Snooper.

I'll summarize what I found interesting from the CanLii docs. Sorry if this has already been posted but I found this to be new info to me. Hopefully, it saves someone from having to read the full docs.

This first one (first that I read not the first filed), is an application to exclude evidence by Mark Smich. It basically complains about how LE was put on to him (because any mention of a second suspect was referred to as "Mark", and his rights were violated in concluding that " Mark" was Mark Smich) the search of his mother's house and the use of undue force during his arrest. It involves trying to get the photo lineup with IT thrown out, which MS later agreed to in court that it was him on the test drive. The interesting bits to me are:

“On February 23rd, 2013 Dellen MILLARD and his girlfriend Christina NOUDGA (92/04/26) were stopped and searched at the Rainbow Bridge crossing into Canada. There [sic] vehicle had a strong odour of marihuana. MILLARD had two cell phones on him, one IPhone 4 and one Samsung Galaxy. He was asked to unlock the IPhone as it was locked and MILLARD refused. As a result the IPhone was seized.
Another text to a cell phone contact labeled “Juice” stated that “Maple Gate just got robbed” and the “gats are gone.” Gat is street slang for guns.”
“there is also ample support before the issuing justice to suggest that “Juice” was Smich”

"On Sunday May 19th, 2013 I read an audio statement summary of Matt HAGERMAN taken by Detective Dave OLENIUK and Detective Constable Patrick MITCHELL. From reading the summary I learned the following;
Of the friends, he recalled a person named Mark and that Dell hung out with him. Matt stated that Mark matched the description of the other suspect and Matt believed he had a criminal past and lived in the Oakville area. Matt stated that he was positive that Mark was the second suspect in the investigation.
Matt wanted to stress and put a “big emphasis” to look at Mark as suspect #2. He stated that Mark wasn’t known for violence by Matt but used drugs and he wouldn’t be surprised if he was violent."

"On Sunday May 19th, 2013 I read an interview summary of Andrew MICHALSKI taken by Sergeant Mark PETKOFF on May 13th, 2013 and upon reading the summary I learned the following; (Omitted)"

“police advised that they wanted to speak to Michalski on video. Michalski asked to call his lawyer. Eventually, Michalski spoke to his lawyer privately. He said “I decline to talk unless I am under arrest. I won’t be going with you”. Police then arrested him and brought him to the station. Again, he spoke with counsel and was cautioned and offered duty counsel. He then provided a lengthy videotaped statement and police subsequently released him unconditionally the same day.”

"On Sunday May 19th, 2013 I read a report authored by Detective Glenn FABE who attended the residence of Igor TUMANENKO on May 15th, 2013. As mentioned in paragraph 17 Igor TUMANENKO gave a description of the two men he took for a test drive in his truck. Upon reading the statement I learned the following: (Omitted)"

http://www.canlii.org/en/on/onsc/do...QAQY2hyaXN0aW5hIG5vdWRnYQAAAAAB&resultIndex=3


What goodies are contained within these omitted parts?

I have read the document, and cannot believe the points MS tried to bring up! Totally grasping at straws.... complaining about all the little inconveniences he and his mom "endured" at the hands of the police..... what about Tim Bosma? He was majorly inconvenienced by being murdered by these !!!!!

 

[ILoveDateline]

I'm still going through the many other rulings on CanLII. Subsequently, I found the order lifting the publication ban (http://www.canlii.org/en/on/onsc/do...RbWlsbGFyZCBzbWljaCBiYW4AAAAAAQ&resultIndex=5) , though, at least one application that I have found so far (which was not specifically referenced in the release) said it was in place until after the LB trial. Some are very dry but there are little hidden gems contained within of information that I hadn't heard before, like:

From the application to exclude certain evidence of post-offence conduct:
"As a result of police searches, a note with the names and addresses of Bosma, Tumamenko and Palmili were found at the hangar with handwriting that has been matched to Millard’s."

I post this part only because the wording makes it sound like she admitted to knowledge the trailer contained the truck, though, I think that's just the wording and she didn't actually admit that:
"On April 10, 2014, Christina Noudga was charged with Accessory After the Fact to Murder. She was Millard’s girlfriend at the time of the Bosma killing. She gave a lengthy arrest statement to police and admitted being with Millard on May 9, 2013, and transporting the trailer with Bosma’s truck in it to Millard’s mother’s house in Kleinberg, Ontario. Noudga admitted to returning to the trailer in the days following to wipe down her prints. On his arrest, Millard was in possession of latex gloves. Bosma’s DNA is on the outside of one of the gloves. Noudga admitted wearing the gloves when she was assisting Millard in removing items of evidence from the hangar on May 9, 2013."

http://www.canlii.org/en/on/onsc/do...QAQY2hyaXN0aW5hIG5vdWRnYQAAAAAB&resultIndex=1

In any case, this specific ruling cites a lot of case precedence on post offense conduct that I found interesting and would, I imagine, apply to CN also. To paraphrase, just because someone's actions post-offense indicated guilt, doesn't mean they are guilty of the preceding crime and there could be other reasons for guilty post-offense conduct, such as acting in guilt of another crime. Okay, that didn't come out clear at all. My application of this as it relates to CN is; just because she wiped the finger prints, something that indicates guilt, doesn't mean she is guilty of accessory after the fact to murder but could mean she is guilty of, I don't know, possession of a stolen vehicle.

JMO.

 

[Velma]

Ann Brocklehurst @AnnB03
Matthews W + W-J will stand trial on Millard-related weapons charges, judge ruled today. Matthew O to stand trial separately: earlier ruling

 

[matou]

Ohhh the Matthews. I think MW will give MWJ the look of death while in court. JMO

 

[SnooperDuper]

Ann Brocklehurst ‏@AnnB03 2h2 hours ago
Dellen Millard no longer plans to represent himself at upcoming murder trials Toronto court heard this week

 

[cansleuther]

Ann Brocklehurst @AnnB03
Matthews W + W-J will stand trial on Millard-related weapons charges, judge ruled today. Matthew O to stand trial separately: earlier ruling

Did anyone ever figure out Matthew O's pseudonym(s)? For some reason only Matthew W and Matthew W-J were "outed" in the media.

 

[marymcd]

I post this part only because the wording makes it sound like she admitted to knowledge the trailer contained the truck, though, I think that's just the wording and she didn't actually admit that:
"On April 10, 2014, Christina Noudga was charged with Accessory After the Fact to Murder. She was Millard’s girlfriend at the time of the Bosma killing. She gave a lengthy arrest statement to police and admitted being with Millard on May 9, 2013, and transporting the trailer with Bosma’s truck in it to Millard’s mother’s house in Kleinberg, Ontario. Noudga admitted to returning to the trailer in the days following to wipe down her prints. On his arrest, Millard was in possession of latex gloves. Bosma’s DNA is on the outside of one of the gloves. Noudga admitted wearing the gloves when she was assisting Millard in removing items of evidence from the hangar on May 9, 2013."

http://www.canlii.org/en/on/onsc/do...QAQY2hyaXN0aW5hIG5vdWRnYQAAAAAB&resultIndex=1

JMO.

BBM

This section stood out for me as well. What items did she remove from the hangar? Did I miss something or have maybe forgotten something? I thought her involvement began when DM picked her up with trailer containing truck already in tow, and ended with moving the incinerator from the barn at the farm to the tree lined area on the farm property.

I'm going to search again, but I was sure that a single glove was found at the farm, but only the 3 that were found in DM's pocket on his arrest came up at trial. I had searched and searched for the reference to it and had gone through the glove exhibits several times but never came across the single glove again and I gave up. I'll try searching again for it.

 

[SnooperDuper]

3rd annual Tim’s Tribute

One hundred and sixteen golfers took part in the golf tournament and money raised on this day will go to help families like the Bosma’s who have had loved ones murdered.

Sharlene says the trial of Dellen Millard and Mark Smich was really hard to get through.

“I had to check out of life so I can check back in. I i was exceptionally happy that the trial was over. Time was needed to regroup, and refocus.”

http://www.chch.com/3rd-annual-tims-tribute/

 

[marymcd]

This section stood out for me as well. What items did she remove from the hangar? Did I miss something or have maybe forgotten something? I thought her involvement began when DM picked her up with trailer containing truck already in tow, and ended with moving the incinerator from the barn at the farm to the tree lined area on the farm property.

I'm going to search again, but I was sure that a single glove was found at the farm, but only the 3 that were found in DM's pocket on his arrest came up at trial. I had searched and searched for the reference to it and had gone through the glove exhibits several times but never came across the single glove again and I gave up. I'll try searching again for it.

I went back over the tweets and found the reference to the glove found at the farm. There were a number of gloves beyond those that DNA was identified from recovered from DM, the barn, and the Yukon, so I can finally put that to rest. Also from the tweets, Noudga did state that they did make a stop at the hangar, but the tweet only refers to her moving some boxes. Semantics, I guess.

 

[deugirtni]

I went back over the tweets and found the reference to the glove found at the farm. There were a number of gloves beyond those that DNA was identified from recovered from DM, the barn, and the Yukon, so I can finally put that to rest. Also from the tweets, Noudga did state that they did make a stop at the hangar, but the tweet only refers to her moving some boxes. Semantics, I guess.

Could that trip to the hangar be when they moved the DVR?

 

[Velma]

Could that trip to the hangar be when they moved the DVR?

I was thinking the same. That would be the perfect opportunity.

 

[deugirtni]

So *after* moving the big trailer to abutt against rabbit's house, they go and remove the DVR.. but she thinks it's a *what*?

 

[SnooperDuper]

On another topic, while down in courtland Friday, I stopped in at a quick “up and down” appearance put in by Dellen Millard relating to his upcoming murder trial for his father Wayne. Millard, who had planned to represent himself at this and the trial for the Laura Babcock murder, has since changed his mind. The court was informed he’s in the process of retaining counsel.

Mark Smich, who was in Toronto earlier this week for the Babcock case, will be represented by Tom Dungey as he was at the Bosma trial. I didn’t see Smich and only caught a very brief glimpse of Millard, but a colleague told me they both looked pretty rough.

In related matters, on Friday afternoon, Matthew Ward-Jackson and Matthew Wawrykiewycz were committed for trial on weapons trafficking charges. Ward-Jackson aka Iisho aka Krucifix14 is well known to readers of this blog and anyone who followed the Tim Bosma murder trial closely. Among other things, he is alleged to have sold Millard the gun he and Smich used to kill Tim Bosma.

Perp walk with kiss

After the judge delivered the bad news to the Matthews, Ward-Jackson was led out of the Old City Hall courtroom in handcuffs. His girlfriend (or possibly his new wife if I heard what I think I heard) approached and gave him a quick kiss. Matthew Number Two and homicide Detective Mike Carbone looked on in surprise at the impromptu and unsanctioned PDA before Iish’s police escort hustled him off

Unlike modern courthouses, Old City Hall lacks special designated courtroom entrances for prisoners. As a result, defendants in handcuffs and shackles can regularly be spotted in the hallways among the tourists who have stopped by for a look at the interior of a historical building. It’s surreal enough under the usual circumstances, but this courthouse kiss took things to a whole new level.

And finally, Matthew Odlum, the third Matthew to be charged with weapons trafficking is currently slated to stand trial separately next year. This decision was made a while back due to the unusual delays involving the preliminary hearing.

http://www.annrbrocklehurst.com/201...ing-millard-smich-trials-and-kickstarter.html

 

[matou]

I thought DM was NOT planning on representing himself at the Wayne Millard murder trial. He had retained a "Christian" defense lawyer, IIRC. I can't remember his name though.

ETA: Peter Boushy

http://www.thespec.com/news-story/6...n-millard-hires-hamilton-lawyer-peter-boushy/

 

[SnooperDuper]

I thought DM was NOT planning on representing himself at the Wayne Millard murder trial. He had retained a "Christian" defense lawyer, IIRC. I can't remember his name though.

You're right:

A Hamilton lawyer has been retained by accused serial killer Dellen Millard.

Peter Boushy, current president of the Hamilton Criminal Lawyers' Association, will act as Millard's counsel at the preliminary hearing on the first-degree murder charge of killing his father.

Boushy, 50, has built his reputation around his strong Catholic faith and is a surprising choice for such a high-profile case. He has said he finds meaning in helping people, and spends more than half his time doing legal aid cases.

On his LinkedIn page, he references the influence religion has had on his life and career.

"I believe that traditional Judeo-Christian teachings are at the heart of the practice of the law," he writes, citing two Bible passages that inform his practice.

http://www.thespec.com/news-story/6...n-millard-hires-hamilton-lawyer-peter-boushy/


It was just for LB that we knew that he had no lawyer.

However I wonder what happened to Boushy if "The court was informed he’s in the process of retaining counsel." He seems to be somehow lawyerless on this one ATM.

 

[matou]

Ha! We posted at the same time. I edited my post.

 

[matou]

Hmmm Maybe Boushy dropped his case?

 

[ABro]

Boushy was retained to handle the preliminary hearing of the WM case. No one has yet been retained for the trial. As in the LB case, for a period of time, Millard was planning on representing himself. That is no longer the plan in either case.

When defendants represent themselves, it often causes lots of delays at the trial as the judge bends over backwards to prevent a mistrial.

 

[ABro]

So *after* moving the big trailer to abutt against rabbit's house, they go and remove the DVR.. but she thinks it's a *what*?

No, Millard dropped the DVR off at Noudga's when he picked her up on their way to his mother's, according to Noudga's testimony.

 

[SnooperDuper]

Boushy was retained to handle the preliminary hearing of the WM case. No one has yet been retained for the trial. As in the LB case, for a period of time, Millard was planning on representing himself. That is no longer the plan in either case.

When defendants represent themselves, it often causes lots of delays at the trial as the judge bends over backwards to prevent a mistrial.

Thanks Ann. It makes me cringe to think of DM interrogating witnesses, given his history of control, manipulation and intimidation. Also would like to see justice served as quickly as possible.