Wayne Millard: Dellen Millard Charged With Murder In The First Degree #1

[SnooperDuper]

The hangar is a corporate asset, not a personal one and the corporation has not been charged with any crimes. It's also not immediately evident how the company benefited from crime. Nevertheless, I suppose it might eventually be possible to nab DM's shares under the civil seizure regulations, in the event that DM is convicted.

I recall there were also a number of large municipal and other government loans associated with building the hangar, so given the company's inactivity and the current circumstances of its CEO, I think seizure could basically have the effect of having the gov agencies and the banks absorbing the bad debts. IMO. While a decision to relieve him of his shares in a debt burdened corporation might be profoundly welcomed by DM, that's rather far from the intention of the legislation. MOO.

I figure the 6-plex that the bank put a charge on covered the business' debts. Otherwise, the bank would have gone after more of DM's real estate.

One of the issues around the company is going to be the fact that Millardair purchased the incinerator that was used to hide LB's and TB's murders. That is the kind of business MA should not have been involved in...civil suit?

 

[Carli]

High stakes: DM has liquidated everything and no doubt reinvested it. He faced 75 years in prison, which means his millions will grow to a phenomenal sum while he awaits freedom (death) and the money will never be used by him or his (non-existent) offspring. Distant family members will inherit, and DM will die in prison. Or, has he signed everything over to MB in acknowledgement of this?

It is possible that DM has so much ego that he insists on going to trial...or is he well-educated enough to see the inevitable and has he (and MS) begun to negotiate a plea so that DM may enjoy his money and freedom one more time before death?

Why has DM not applied for bail? Is there no hope of bail in face of the direct indictment?

Why has he been held in segregation, and like PB, will he remain in segregation when he serves his sentence?

What is the best tactic for DM: face a trial, with a faint hope of winning, or negotiate now so that the terms of his imprisonment and parole are more favourable to him?

ETA: At this point IMO DP is not on record for the trial, because DM is hoping to avoid one.

Sorry, but I'm not following. How can DM possibly avoid having a trial on charges of first degree murder?

 

[Carli]

With regard to the segregation question, I wonder if the answer may be contained in the "Safe Streets and Communities Act which received royal assent on March 3, 2012"

Prisoners are no longer entitled to the “least restrictive” measures consistent with the protection of society, staff members and offenders which used to be the case. Instead, corrections officials may now use “necessary and proportionate” measures – for example, in disciplining prisoners and, most importantly, in the type of custody in which they are placed. Whether to exercise control by limiting a prisoner to his cell or by holding him in segregation for months on end is a decision that is entirely up to the jailers interpretation of "necessary and proportinate". The Barton Street facility has a rather distinguished history with respect to such decision making.

 

[swedie]

Interesting read IMO.

“A family renting out their basement to a fraud artist could lose its home. A corporation with a skyscraper apartment building could lose the entire building if tenants paid a month’s rent with money obtained selling marijuana.”
Attorney-general spokesperson Crawley pointed out that civil forfeiture legislation protects “legitimate owners (those who owned the property prior to the unlawful activity and were deprived of it; or who acquired the property after the unlawful activity but did not know) …(and) responsible owners (those who have done all that can reasonably be done to prevent their property from being used for unlawful activity).”

http://www.thestar.com/news/investi...d_house_still_seized_as_proceed_of_crime.html

 

[SnooperDuper]

Interesting read IMO.

“A family renting out their basement to a fraud artist could lose its home. A corporation with a skyscraper apartment building could lose the entire building if tenants paid a month’s rent with money obtained selling marijuana.”
Attorney-general spokesperson Crawley pointed out that civil forfeiture legislation protects “legitimate owners (those who owned the property prior to the unlawful activity and were deprived of it; or who acquired the property after the unlawful activity but did not know) …(and) responsible owners (those who have done all that can reasonably be done to prevent their property from being used for unlawful activity).”

http://www.thestar.com/news/investi...d_house_still_seized_as_proceed_of_crime.html

Bad news given the chop shop in the hangar and...since LE ended up at the hangar first before the farm, perhaps TB's trail led them there first too.

 

[Carli]

I figure the 6-plex that the bank put a charge on covered the business' debts. Otherwise, the bank would have gone after more of DM's real estate.

One of the issues around the company is going to be the fact that Millardair purchased the incinerator that was used to hide LB's and TB's murders. That is the kind of business MA should not have been involved in...civil suit?

Was the 6-plex a company asset? I don't recall. If it was a personal asset that he sold, DM is under no obligation to give his company money. MOO.

Owning an incinerator isn't a crime regardless of what kind of business you run. Unless it would be possible to prove that MillardAir principals somehow knew about the alleged purpose of the incinerator and profited from the murders of LB and TB, (assuming DM is convicted), I'd think the most that could be seized would be the incinerator itself. That's if, indeed, it was used in one or more of the murders. MOO. I don't think there would be many buyers. At least I hope not.

 

[Carli]

I was also just searching to find out if a Canadian corporation can be charged with murder. As it turns out, companies can be so charged - the Westray Mine disaster is a case in point where 26 miners were killed in an explosion. https://ca.news.yahoo.com/blogs/dai...esponsibility-workplace-deaths-132337714.html

It does not appear, at this time, that the alleged murders of any of the victims in the present case against DM came about because of any action or inaction on the part of MillardAir, so I think it would be problematical to uphold criminal charge of murder against the company.

I wonder if it is possible to charge a company with being an accessory to murder if, say, its principals knew a body was being hidden on the premises.

 

[Carli]

Interesting read IMO.

“A family renting out their basement to a fraud artist could lose its home. A corporation with a skyscraper apartment building could lose the entire building if tenants paid a month’s rent with money obtained selling marijuana.”
Attorney-general spokesperson Crawley pointed out that civil forfeiture legislation protects “legitimate owners (those who owned the property prior to the unlawful activity and were deprived of it; or who acquired the property after the unlawful activity but did not know) …(and) responsible owners (those who have done all that can reasonably be done to prevent their property from being used for unlawful activity).”

http://www.thestar.com/news/investi...d_house_still_seized_as_proceed_of_crime.html

What a horrifying story. It's definitely a cautionary tale for anybody considering investing in Canadian real estate or even snowbirds considering short term rental of their homes.

 

[Carli]

With ref to a SnooperDuper's earlier post, how is it we know that DM never applied for bail? Is there a link? Tnx.

Ah. Found the answer to my own question at http://www.theglobeandmail.com/news...lice-continue-to-search-farm/article14239837/

Hard to read the "tactical reasons" comment but there is absolutely no doubt that bail would be denied, if only for the reason of bowing to the public attention to this case, specifically the denial of bail “to maintain confidence in the administration of justice”so why bother wasting time and money on the effort. IMO.

 

[SnooperDuper]

His lawyer, Deepak Paradkar would not go into detail about the decision against seeking bail, but said trying to achieve release is a “very, very onerous task” in first-degree murder cases.

“There are a lot of tactical reasons why one might not go for bail, because at a bail hearing, [the Crown] might get to present a case which might affect a lot of things,” he said, adding that the choice was also influenced by “privileged conversations” and publicity surrounding the case.

(SAme source) I guess is DM went for bail everyone would get to hear exactly why they are after him...which would not be positive PR for DM.

 

[Alethea Dice]

(SAme source) I guess is DM went for bail everyone would get to hear exactly why they are after him...which would not be positive PR for DM.

It would seem everyone already knows why they are after him. The Crown presents their reasons for why they're against it, Defence presents their case, and the bail hearing is usually under a publication ban. I'm not understanding what you're getting at here.

 

[swedie]

I really have to laugh when I reread some of these statements. I bet! The Crown would have gotten to present a case which would show DM's guilty...no bail, AND DM would have paid out more money. Those privileged conversations had an influence on the reason to not seek bail...I bet they did. Privileged conversations while going over discovery together, looking at all the evidence against the accused. Tactical reasons? DP's way of making it sounds like a game of chess. I think Napoleon would be rather disappointed. :shame: This is not a game. TB was murdered. He was someone's son, brother, uncle, father and friend. Not to forget LB and WM. JMO.

“There are a lot of tactical reasons why one might not go for bail, because at a bail hearing, [the Crown] might get to present a case which might affect a lot of things,” he said, adding that the choice was also influenced by “privileged conversations”

Wonder what DM's hopes are now? I can only imagine. MOO.

Mr. Paradkar said Mr. Millard still hopes to build his dream home at the property.

http://www.theglobeandmail.com/news...lice-continue-to-search-farm/article14239837/

 

[Sillybilly]

Mr. Paradkar said Mr. Millard still hopes to build his dream home at the property.

http://www.theglobeandmail.com/news...lice-continue-to-search-farm/article14239837/

<rsbm>

I guess those hopes were somewhat dashed when that property was sold?

 

[Tamarind]

<rsbm>

I guess those hopes were somewhat dashed when that property was sold?

It sounds like he didn't realize what occurred at the property JMO. In Sept 2013 there were no LB or WM allegations so it is possible that he didn't believe anyone could be at his farm. He would have had limited information at that time IMO. JMO

Will bail reviews being a synopsis of the Crowns unchallenged position, it would be hard for any defense lawyer to counteract that without revealing their hand. JMO I would think that is the main reason that any defense would not apply for bail. Its not a shoplifting case so the stakes are higher JMO

 

[SnooperDuper]

<rsbm>

I guess those hopes were somewhat dashed when that property was sold?

It's clear that DM does not expect to get bail and carry on with life. MB's house sold, all properties sold except the hangar - no home to go back to, no dream property to build on, no toys in the hangar (they were posted to be sold) Generally it seems like DM is preparing to be incarcerated for a very long time, and if such is true it makes sense that he is also attempting to plead with terms that are more favourable to him than might come out at trial. DP not signing on as a trial lawyer is another hint DM hopes to plead.

 

[Tamarind]

It's clear that DM does not expect to get bail and carry on with life. MB's house sold, all properties sold except the hangar - no home to go back to, no dream property to build on, no toys in the hangar (they were posted to be sold) Generally it seems like DM is preparing to be incarcerated for a very long time, and if such is true it makes sense that he is also attempting to plead with terms that are more favourable to him than might come out at trial. DP not signing on as a trial lawyer is another hint DM hopes to plead.

I don't think I would want to stay in the area if I were wrongfully accused of such a crime. I think I would sell everything and move to a location that didn't have my name tarnished. Also somewhere with sunshine, this Canadian weather isn't too healthy. It is no surprise that I favor the presumption of innocence, and the right to a fair trial so based on that I see the selling of property as more of a release from the confines of injustice rather than the resignation to a life in jail. JMO IMO

 

[SnooperDuper]

I don't think I would want to stay in the area if I were wrongfully accused of such a crime. I think I would sell everything and move to a location that didn't have my name tarnished. Also somewhere with sunshine, this Canadian weather isn't too healthy. It is no surprise that I favor the presumption of innocence, and the right to a fair trial so based on that I see the selling of property as more of a release from the confines of injustice rather than the resignation to a life in jail. JMO IMO

Ah yes, leave town before the neighbours arrive with tar and feathers and pitchforks and torches...DM has got to be glad he's going to be safe and snug in solitary for the next 75 and not dealing with any of that....

 

[Tamarind]

Ah yes, leave town before the neighbours arrive with tar and feathers and pitchforks and torches...DM has got to be glad he's going to be safe and snug in solitary for the next 75 and not dealing with any of that....

If you had read my post without putting the twist on it, it would have been clear that I am referring to the possibility that he may be innocent. That being the case, I doubt any tarring, feathering. pitchforks or torching would be on the menu. As for the 75, that remains to be seen, I hope true justice is served to whoever is responsible in this event, I equally do not want to see an injustice. HTH JMO

 

[SnooperDuper]

If you had read my post without putting the twist on it, it would have been clear that I am referring to the possibility that he may be innocent. That being the case, I doubt any tarring, feathering. pitchforks or torching would be on the menu. As for the 75, that remains to be seen, I hope true justice is served to whoever is responsible in this event, I equally do not want to see an injustice. HTH JMO

There's been no public outcry that LE's got the wrong people. Would DM be calling visits "precious" if all of his friends and family backed him and believed in his innocence? Would his best friends betray him and help sell off his toys? Would his mother sell DM's and her own house if she knew DM was innocent and was going to be out on bail and needed a place to stay? Where are the people putting their real names to cries that DM is innocent? No one, it seems, wants to taint their own name by declaring that belief publicly.

 

[Tamarind]

There's been no public outcry that LE's got the wrong people. Would DM be calling visits "precious" if all of his friends and family backed him and believed in his innocence? Would his best friends betray him and help sell off his toys? Would his mother sell DM's and her own house if she knew DM was innocent and was going to be out on bail and needed a place to stay? Where are the people putting their real names to cries that DM is innocent? No one, it seems, wants to taint their own name by declaring that belief publicly.

Why would there be a public outcry? The public have only been given one side so far, so they have nothing to counteract that with just yet. I would think all visitors to a jail would be precious to an inmate. I don't suppose they get to invite people over for lunch or a game of pool that often. Maybe he has asked that his assets be liquidated, I would do that. Yes I think the mother would sell everything she could to distance them from the whole situation and location (if innocent). DM has enough money to pay for a place to stay IMO. Maybe those who plan on speaking out for DM are doing what witnesses usually do, waiting for the trial. Just a thought. JMO