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

[deugirtni]

Jury selection in September and start of trial in October? :dunno:

I don't think that can explain the difference in dates, because it doesn't seem like the courts distinguish the start date of a trial from the start date of jury selection in a trial. A date of x number of weeks/months seems to be reserved for a given trial, beginning on a certain date, which seems to include the jury selection process. Just from looking back at when the start-date of the TB trial was scheduled:
This is from December 2015 when the TB trial was scheduled to begin on January 11, 2016 (it was subsequently delayed another week); the trial opened with jury selection commencing on January 18, with the actual trial not starting until.. I believe it was Feb 1st.: "Barring another unexpected delay, the trial is set to open Monday, January 11, 2016 in Hamilton.": http://bayview-news.com/2015/12/jan-11-trial-of-dellen-milard-for-murder-of-tim-bosma.html/)

 

[Velma]

I don't think that can explain the difference in dates, because it doesn't seem like the courts distinguish the start date of a trial from the start date of jury selection in a trial. A date of x number of weeks/months seems to be reserved for a given trial, beginning on a certain date, which seems to include the jury selection process. Just from looking back at when the start-date of the TB trial was scheduled:
This is from December 2015 when the TB trial was scheduled to begin on January 11, 2016 (it was subsequently delayed another week); the trial opened with jury selection commencing on January 18, with the actual trial not starting until.. I believe it was Feb 1st.: "Barring another unexpected delay, the trial is set to open Monday, January 11, 2016 in Hamilton.": http://bayview-news.com/2015/12/jan-11-trial-of-dellen-milard-for-murder-of-tim-bosma.html/)

Question to anyone who may have had experience with this: where will the trial take place, and would the jurors be pulled from that city/area? I know TB's trial was in Hamilton because he lived in the area, but the bulk of the crime seemed to have happened in other places.

Note: I got a summons for jury duty (my first ever) for September but I live in a different municipality, an hour from the GTA.

 

[nobodyzgirl]

Question to anyone who may have had experience with this: where will the trial take place, and would the jurors be pulled from that city/area? I know TB's trial was in Hamilton because he lived in the area, but the bulk of the crime seemed to have happened in other places.

Note: I got a summons for jury duty (my first ever) for September but I live in a different municipality, an hour from the GTA.

I believe this trial will be in Toronto, so the jurors will be taken from the GTA, unless they request a change of venue, then the trial may be held in a different municipality and the jurors will come from that municipality. HTH

 

[qdm]

https://www.canlii.org/en/on/onsc/doc/2017/2017onsc4548/2017onsc4548.html

 

[Velma]

https://www.canlii.org/en/on/onsc/doc/2017/2017onsc4548/2017onsc4548.html

Fantastic, thank you! Very informative about the process thus far.

 

[Kamille]

Fantastic, thank you! Very informative about the process thus far.

It sure is. Lot's of games being played IMO. :notgood:

 

[SnooperDuper]

So, jury selection October 12

 

[Kamille]

And it looks like we have our answer as to where DM is staying for a while. Toronto East Detention Centre in Scarborough. I wonder if he's been there since leaving Barton Street? Another private cell I presume?

MOO

 

[Velma]

It sure is. Lot's of games being played IMO. :notgood:

Yes, that's what I gathered as well. It looks like DM is trying to control the courts just as he ran his life outside of prison. Although he's trying to hide his wealth not flaunt it. Did he really think the 'third party' money wouldn't be discovered? Glad the state isn't paying for his defence.

It also gives us some solid $ figures on how much wealth DM really has left (and it's a good amount).

But really, in the end, what is to be gained by dragging out the trial? They're already serving life, not much to lose at this point. I guess it's some extra entertainment for DM when he gets to leave for the proceedings? He'll have a long life of never leaving those walls once it's over with. Maybe that's it.

 

[SnooperDuper]

It also gives us some solid $ figures on how much wealth DM really has left (and it's a good amount).

Well I am sure the Bosmas appreciate the work the court has done in uncovering DM's money with regard to their lawsuit against him, his mother, MS and CN.

Also interesting is the the word "mother" 11X in that document and "she remains supportive of her son"... <modsnip> .

Really hoping to see things come out in the wash.

 

[Velma]

Really hoping to see things come out in the wash.

It will be some filthy laundry, no doubt.

 

[jash]

https://www.canlii.org/en/on/onsc/doc/2017/2017onsc4548/2017onsc4548.html

Thank you.

Wow...

The Millard Properties Inc. assets identified ... about $200,000 in the corporate bank account and $1.6 million in mortgage proceeds (being paid to the company at a rate of $18,000 per month). In addition, Millard’s mother (in her capacity as Estate Trustee for Wayne Millard) was still holding some $800,000 to $900,000 in cash proceeds from the sale of Millard Properties Inc.’s main corporate asset (the original payment of these proceeds to the estate had been almost $1.2 million but it had been dissipated). Millard, in turn, was owed over $5.2 million in shareholder loans that he had made to Millard Properties Inc. and that had been used to pay off corporate debt and facilitate the sale of the large modern airport hangar.

 

[Kamille]

So are we to assume that Millard Properties is holding the mortgage on the hangar and receiving payments of $18,000 a month? And therefore while the hangar was sold for 4.8 million, Millard Properties will receive a lot more than than for it. How did the original down payment of 1.2 million get "dissipated" to between $800,000 - $900,000? That's a lot of money being "dissipated". I hope the Bosma lawyers are keeping their eyes on the bouncing ball. I suspect there's a lot of money possibly being hidden in a rabbit hole.

MOO

 

[Velma]

I suspect there's a lot of money possibly being hidden in a rabbit hole.

MOO

Let's hope someone gets their paw stuck in a honey pot [emoji6]

 

[Kamille]

Let's hope someone gets their paw stuck in a honey pot [emoji6]

Oh bother :floorlaugh:

 

[deugirtni]

....

But really, in the end, what is to be gained by dragging out the trial? They're already serving life, not much to lose at this point. I guess it's some extra entertainment for DM when he gets to leave for the proceedings? He'll have a long life of never leaving those walls once it's over with. Maybe that's it.

Hmm... thank you so much to qdm for posting this. I am just starting to wade through the document.. but something kind of pops out at me right in the beginning.. in regard to what is to be gained by dragging out this trial..

Did anyone else notice that it seems that DM is trying to manipulate the courts, as to the timing, and as to the *order* of the trials? Why has DM secured Pellay for the WM murder, but not for the Babcock murder? Pellay (sorry if I'm spelling his name wrong, it has been a long time).. seems at the ready to defend DM on the WM murder during fall 2017, which is the time when the courts want the Babcock trial to commence. The judge in that document made mention of 'the order'..

I am thinking therefore... there is a reason why DM wants the WM trial to proceed ahead of the LB trial. Could it be that something (as yet unknown), to be laid out during the LB trial, will help to convict on the WM trial?

- the seventh appearance in this Court, on October 14, 2016, was a significant one as both Mr. Bernstein and Mr. Pillay appeared and applied for an adjournment of the February 13, 2017 trial date. Mr. Bernstein advised that he was not retained but, if retained at some point in the future, he could act for Millard on the Babcock murder case but only if the trial were adjourned until January 2018. Mr. Pillay advised that he anticipated being retained by Millard within a few months and would act for him in relation to a third murder that Millard was charged with (relating to the death of Millard&#8217;s father Wayne) that was also pending in Toronto. Mr. Pillay advised that he was available to conduct the defence in relation to the Wayne Millard murder in September 2017.''

.... "In essence, if I accede to Mr. Millard's request he will de facto dictate the order of prosecution of the indictments contrary to the wishes of the Crown Attorney." ... "As I note, Mr. Pillay, who he has confidence in in relation to dealing with the Wayne Millard indictment, is in fact available in September. He also has the right to have anyone else retained he wishes as long as they are available for trial in September of 2017."

Wonder what is the reason for DM not wanting Pillay to act as his lawyer in the LB case? And What is the reason for seemingly to appear to want the LB trial to be AFTER the WM trial? My mind is spinning thinking of the possibilities.

(Did DM choose this <modsnip> new lawyer *because* he was not available until 2018, and he was therefore hoping that that reason for adjourning the LB trial would be accepted, and by default, therefore the WM trial would go first?)

 

[SomeITGuy]

DM is running out of ways to delay the inevitable; despite his repeated attempts to manipulate the court system. I'm really looking forward to the upcoming trials to finally get all the pieces of the puzzle. The amount of money he still has access to was quite surprising, I really hope that the lawsuit drys up whatever he has left!!

 

[Arnie M]

https://www.canlii.org/en/on/onsc/doc/2017/2017onsc4548/2017onsc4548.html

Very good link , thanks , this is the best accounting of the Millard assets since the case started .

Sounds like he still has a "couple of million" left .

 

[musicaljoke]

Hmm... thank you so much to qdm for posting this. I am just starting to wade through the document.. but something kind of pops out at me right in the beginning.. in regard to what is to be gained by dragging out this trial..

Did anyone else notice that it seems that DM is trying to manipulate the courts, as to the timing, and as to the *order* of the trials? Why has DM secured Pellay for the WM murder, but not for the Babcock murder? Pellay (sorry if I'm spelling his name wrong, it has been a long time).. seems at the ready to defend DM on the WM murder during fall 2017, which is the time when the courts want the Babcock trial to commence. The judge in that document made mention of 'the order'..

I am thinking therefore... there is a reason why DM wants the WM trial to proceed ahead of the LB trial. Could it be that something (as yet unknown), to be laid out during the LB trial, will help to convict on the WM trial?



Wonder what is the reason for DM not wanting Pillay to act as his lawyer in the LB case? And What is the reason for seemingly to appear to want the LB trial to be AFTER the WM trial? My mind is spinning thinking of the possibilities.

(Did DM choose this <modsnip> new lawyer *because* he was not available until 2018, and he was therefore hoping that that reason for adjourning the LB trial would be accepted, and by default, therefore the WM trial would go first?)

You have expressed some very good thoughts. I had been thinking that DM was just trying to delay the trial until no further delays were possible, or the charges dropped due to delays. It never occurred to me that there might be a more specific reason, but you could be absolutely right. Do remind us of this during the trial if it turns out that you were right.

 

[deugirtni]

You have expressed some very good thoughts. I had been thinking that DM was just trying to delay the trial until no further delays were possible, or the charges dropped due to delays. It never occurred to me that there might be a more specific reason, but you could be absolutely right. Do remind us of this during the trial if it turns out that you were right.

It had not occurred to me either, that DM had a different motive for his antics. But after reading that document, it jumped out. For whatever reason, the Crown wants him tried on the LB case first, as noted on that document.

That in itself gets my head spinning. In this forum long ago, we had discussed the possible 'reasons' why DM may have offed his dad, and WM's finding out somehow about LB, was one of them.. ie WM finds out, and tells DM he's cut out of his will, or that he's going to report him, or whatever.. the possibilities are endless.

Wow, that guy, DM, is SO manipulative and deceitful. And thankfully, the judges, the Crown, the various lawyers, his co-accused, (and likely perhaps even his mother) all appear to be completely on to him. DM knows exactly what he's doing, continues to feel his sense of entitlement even being a convicted murderer behind bars for the rest of his life, continues to be too cheap to spend his own money to serve his own needs, continues to want something without paying for it, etc.

This document also tells us that this trial will be the same deal as the Bosma trial, in that the same two accuseds will each be pointing his finger at the other. Can't wait for this trial!