Dennis Oland retrial closing arguments
Closing arguments in Dennis Oland's 2nd-degree murder retrial in the 2011 death of his father Richard Oland begin Thursday in Saint John.
3rd & 7 37yd
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At the #SaintJohn courthouse waiting for Dennis Oland's murder retrial to resume. Closing arguments are scheduled to begin at 9:30 a.m. ATby Bobbi-Jean MacKinnon via twitter 5/9/2019 12:22:26 PM
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The courtroom is slowly filling up. About 30 members of the public are here so far, as well as several reporters. A strong show of support for Oland, including several members of his immediate and extended family.by Bobbi-Jean MacKinnon via twitter 5/9/2019 12:24:56 PM
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Back in court this morning for final arguments in Dennis Oland’s murder trial.by Robert Jones via twitter 5/9/2019 12:25:18 PM
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Oland's uncle, Derek Oland, the executive chairman of Moosehead Breweries and brother of victim Richard Oland, is among them.by Bobbi-Jean MacKinnon via twitter 5/9/2019 12:27:36 PM
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Some members of the Saint John Police Force are also here, including lead investigator Const. Stephen Davidson, and Sgt Jay Henderson, of the major crime unitby Bobbi-Jean MacKinnon via twitter 5/9/2019 12:28:40 PM
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I'll be live tweeting the proceedings from the courtroom. @cbcjones will be too. If you're on mobile, you can follow our live blog here: live.cbc.ca/Event/Dennis_O…by Bobbi-Jean MacKinnon via twitter 5/9/2019 12:30:20 PM
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Justice Terrence Morrison was surprised at how long lawyers wanted to take prepare final arguments and shaved a couple of weeks off what was asked but mostly relented to the request for substantial time.by Robert Jones via twitter 5/9/2019 12:30:48 PM
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Justice Terrence Morrison is seated. Dennis Oland's murder retrial is underway...by Bobbi-Jean MacKinnon via twitter 5/9/2019 12:32:28 PM
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Written submissions were delivered last month so both sides and the judge could study the arguments and prepare for today. The submissions will be made public this morning.by Robert Jones via twitter 5/9/2019 12:33:02 PM
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Judge says he has read the post-trial submissions from the Crown and defence. Says they were well done and helpful. But he says he has "pages" of questions for them.by Bobbi-Jean MacKinnon via twitter 5/9/2019 12:33:58 PM
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Some of the questions may be answered during their oral submissions, he says.by Bobbi-Jean MacKinnon via twitter 5/9/2019 12:34:32 PM
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Court begins. Morrison says he has “pages” of questions but says some of those may be answered as each side give oral presentations this morning.by Robert Jones via twitter 5/9/2019 12:34:34 PM
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Lead defence lawyer Alan Gold is pointing out a couple of amendments that need to be made to the defence's brief.by Bobbi-Jean MacKinnon via twitter 5/9/2019 12:39:00 PM
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Gold says the defence questions a number of factual assertions made in the Crown’s brief and has prepared a presentation to point out what it feels are errors.by Robert Jones via twitter 5/9/2019 12:39:57 PM
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Gold tells the judge he feels "duty bound" to point out "a number of matters that might not be fulsome accurately stated" in the Crown's brief.by Bobbi-Jean MacKinnon via twitter 5/9/2019 12:40:08 PM
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Defence had "no less than three separate people listening to the audio" of the 44-day trail "to ensure any claims about the evidence [by the Crown] were as accurate as possible," he says.by Bobbi-Jean MacKinnon via twitter 5/9/2019 12:41:22 PM
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Morrison says it will be up to him to decide what the evidence is and isn’t. Gold agrees but would like permission to provide the written critique.by Robert Jones via twitter 5/9/2019 12:41:28 PM
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Crown prosecutor PJ Veniot acknowledges there are a couple of errors - mostly typos he says - but if the defence wants to submit a 50 or 60 page critique the Crown should be able to respond point by point. This is not the procedure agreed to says Veniot.by Robert Jones via twitter 5/9/2019 12:43:40 PM
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Morrison says he will look at the document during the morning break and figure out what to do.by Robert Jones via twitter 5/9/2019 12:45:32 PM
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Gold wants to submit that info in writing. Lead Crown prosecutor P.J. Veniot addresses the judge. "If we have somehow misinterpreted what was said, you have the record, sir, you have the evidence." Argues Morrison will make his decision on the evidence, "not what the lawyers say"by Bobbi-Jean MacKinnon via twitter 5/9/2019 12:46:18 PM
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Judge agrees, but says he'll accept the defence document as an aidby Bobbi-Jean MacKinnon via twitter 5/9/2019 12:48:07 PM
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If we have to have a future hearing on this we will, says Morrison about the defence critique of the Crown’s facts. I have to get this (verdict) right says Morrison.by Robert Jones via twitter 5/9/2019 12:49:10 PM
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Morrison now asking about areas of agreement between crown and defence. He begins with noises heard the night of the murder by Anthony Shaw and John Ainsworth.by Robert Jones via twitter 5/9/2019 12:50:38 PM
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Does everyone agree these noises were connected to the murder? Everyone agrees. (There are disputes about the time the noises were heard but not about what the noises were)by Robert Jones via twitter 5/9/2019 12:52:08 PM
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Judge is feeling out if there are any agreements on facts. Asks for eg. if there is agreement that the "reasonable and logical inference" is the thumping noises 2 men heard coming from Richard Oland's office on July 6/11 - whatever time they say it was - were in fact the killing.by Bobbi-Jean MacKinnon via twitter 5/9/2019 12:52:50 PM
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"If there isn’t, that's fine," he says. Parties agreeby Bobbi-Jean MacKinnon via twitter 5/9/2019 12:54:01 PM
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Morrison asking detailed questions about the testimony of Anthony Shaw who testified he heard noises everyone now agrees was the murder after what he believed was 7:30 the evening Oland was killed.by Robert Jones via twitter 5/9/2019 1:02:03 PM
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Morrison is now going over the issue that led to the Court of Appeal overturning Oland's conviction at his first trial in 2015. The appeal court found the trial judge erred in his instructions to the jury re. Oland's "post-offence conduct."by Bobbi-Jean MacKinnon via twitter 5/9/2019 1:08:03 PM
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Dennis Oland was unquestionably gone from his father’s office before 6:40. As a matter of legal principle if I accept Anthony Shaw’s testimony as truthful do I have any option but to acquit Dennis Oland without looking at any evidence beyond his testimony?by Robert Jones via twitter 5/9/2019 1:08:13 PM
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Oland told police he was wearing a navy blazer when he visited his father at his office on the night he was killed. Security video and witness testimony showed he was actually wearing a brown sports jacket.by Bobbi-Jean MacKinnon via twitter 5/9/2019 1:09:41 PM
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Morrison says legal rules are clear in how to deal with the testimony of an accused that is believable - acquittal without the need to review other evidence - and he wants to know if the same rule should apply to Anthony Shaw.by Robert Jones via twitter 5/9/2019 1:12:31 PM
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The jacket was dry cleaned the morning after police told Oland he was a suspect in his father's death. The jacket was later found to have 4 small bloodstains on it and DNA matching his father's profile.by Bobbi-Jean MacKinnon via twitter 5/9/2019 1:15:23 PM
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Court adjourns briefly prior to final oral arguments beginning. Defence will go first says Morrison.by Robert Jones via twitter 5/9/2019 1:19:29 PM
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This is a very complex legal issue, but in a nutshell, the appeal court ruled the trial judge should have instructed the jurors that even if they thought Oland's statement to police about what jacket he was wearing was a lie...by Bobbi-Jean MacKinnon via twitter 5/9/2019 1:21:33 PM
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... they should not consider it in weighing his guilt or innocence unless they had independent evidence it was a lie concocted to conceal his involvement in his father's deathby Bobbi-Jean MacKinnon via twitter 5/9/2019 1:23:59 PM
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Back to the Shaw issue for a moment. Justice Morrison was asking about a Sulreme Court instruction on how to assess the credibility of witnesses and what to do with that assessment. That decision in part reads:by Robert Jones via twitter 5/9/2019 1:26:16 PM
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“First, if you believe the evidence of the accused, obviously you must acquit.
Second, if you do not believe the testimony of the accused but you are left in reasonable doubt by it, you must acquit......by Robert Jones via twitter 5/9/2019 1:28:22 PM -
Morrison says post-offence conduct is "a difficult concept and it's fraught, as we all know." Says he wants to go over this issue "in detail" with the lawyersby Bobbi-Jean MacKinnon via twitter 5/9/2019 1:28:55 PM
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“....Third, even if you are not left in doubt by the evidence of the accused, you must ask yourself whether, on the basis of the evidence which you do accept, you are convinced beyond a reasonable doubt by that evidence of the guilt of the accused.”by Robert Jones via twitter 5/9/2019 1:29:35 PM
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Morrison is pondering whether he should apply the same test not just to Dennis Oland but to witnesses like Anthony Shaw.by Robert Jones via twitter 5/9/2019 1:31:59 PM
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Court resumes. Alan Gold begins final argument for the defence.by Robert Jones via twitter 5/9/2019 1:34:06 PM
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Gold says the defence doesn't agree with Oland's statement to police about the jacket or the dry cleaning being considered as "post-offence" conduct. Defence maintains the incorrect statement re. jacket was an innocent mistake & dry cleaning wasn't shown to be an act of Olandby Bobbi-Jean MacKinnon via twitter 5/9/2019 1:35:10 PM
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Dennis #Oland (left) arriving at the #SaintJohn courthouse this morning for closing arguments at his murder retrial in the 2011 bludgeoning death of his father, multimillionaire Richard Oland https://pbs.twimg.com/media/D6IQ4-aXkAEcSsR.jpg
by Bobbi-Jean MacKinnon via twitter 5/9/2019 1:39:09 PM -
Gold starts with a discussion of the dangers of circumstantial evidence and the human tendency to view meaning and patterns in separate events that are not in reality connected.by Robert Jones via twitter 5/9/2019 1:40:56 PM