Jan. 17, 2019 - Dennis Oland murder retrial
The Dennis Oland murder retrial resumes today with continued testimony from Sgt. Mark Smith, head of forensic identification section.
3rd & 7 37yd
3rd & 7 37yd
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His description of the man was consistent with Dennis Oland's appearance. He testified at Oland's 1st trial in 2015 the bag appeared to have something in it but not something heavy enough for the man to be exerting himself.by Bobbi-Jean MacKinnon via twitter 1/17/2019 3:29:51 PM
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William Adamson was not called to testify at the retrial for health reasons. Crown and defence agreed video of his 2015 testimony could be entered into evidence.by Bobbi-Jean MacKinnon via twitter 1/17/2019 3:31:07 PM
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William Adamson comes up during Lacy's cross-examination of Smith. Asking about his decision to send a July 12 swab of the sink in the washroom located outside the victim's office to RCMP lab for testing, even though he knew several officers had used the washroom before testingby Bobbi-Jean MacKinnon via twitter 1/17/2019 3:46:51 PM
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Were you aware it had been used by a civilian as well? asks Lacy. Later on, yes, says Smith. Court has heard you gave permission for William Adamson to use the washroom, says Lacy. "That didn’t happen," Smith says firmlyby Bobbi-Jean MacKinnon via twitter 1/17/2019 3:49:04 PM
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Const. George Prosser, who guarded the scene on July 9, testified on Nov. 30 he used the washroom likely more than once during his 12-hour shift and that William Adamson also used the washroom that dayby Bobbi-Jean MacKinnon via twitter 1/17/2019 3:55:03 PM
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Prosser told the court he believes he had asked Smith if it was OK for Adamson to use the washroom because he wouldn't have allowed "just anybody" to use it.by Bobbi-Jean MacKinnon via twitter 1/17/2019 3:56:12 PM
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Still, Smith knew several officers had used the washroom and the risk of contamination didn’t preclude him from sending sink swab to lab, notes Lacy. Smith agrees.by Bobbi-Jean MacKinnon via twitter 1/17/2019 3:59:30 PM
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And it produced results - just nothing that implicated Dennis Oland? asks Lacy. Yes, agrees Smith.by Bobbi-Jean MacKinnon via twitter 1/17/2019 4:09:10 PM
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Smith has previously testified he didn't test the back door (which the defence contends would have been the preferred exit route of the "killer or killers") because it had been opened and therefore contaminated before he got to it.by Bobbi-Jean MacKinnon via twitter 1/17/2019 4:12:32 PM
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"The door and the door latch had been handled, negating my plan" to test it, Smith had said. During Oland's first trial, the defence had suggested Smith simply forgot about the back door. "No, sir," he had said.by Bobbi-Jean MacKinnon via twitter 1/17/2019 4:14:36 PM
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Lacy also challenges Smith's testimony about the RCMP lab limiting the number of exhibits Saint John police could send for analysis. Smith told the court he could send only 5 items in the first batch, partly because he was seeking a faster than usual turnaround timeby Bobbi-Jean MacKinnon via twitter 1/17/2019 4:17:14 PM
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Lacy produces RCMP lab strategist's Bree Tucker's email to Smith, which says the lab cannot accommodate all of the exhibits he wants to send in the 25-day timeframe requested. "The reporting would simply be too complex," writes Tucker.by Bobbi-Jean MacKinnon via twitter 1/17/2019 4:21:27 PM
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"I wanted to get your thoughts on how to possibly pare this submission down to the most essential items...If we cut down the number of samples for processing, then a 25 day turnaround time could be possible," says Tuckerby Bobbi-Jean MacKinnon via twitter 1/17/2019 4:22:52 PM
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"In the end, (if) you feel that every sample is essential at the time, I am afraid that I can only offer a 40 days turnaround time."by Bobbi-Jean MacKinnon via twitter 1/17/2019 4:23:40 PM
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Lacy suggests the reason police wanted the results so quickly was they considered Oland to be a flight risk. He refers again to Tucker's email.by Bobbi-Jean MacKinnon via twitter 1/17/2019 4:24:38 PM
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"I have approached the National Operations Manager and discussed your request for priority status, given the fact that the suspect is not in custody and is a potential flight risk," she wrote.by Bobbi-Jean MacKinnon via twitter 1/17/2019 4:26:36 PM
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Dennis Oland retrial is on lunch break. Back at 1:30 p.m.by Bobbi-Jean MacKinnon via twitter 1/17/2019 4:27:13 PM
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Lacy asking about basic police investigative procedure. In a case like this wouldn’t entrances and exits be important to investigate? Yes. A murderer has to come in and leave somehow? Yes.by Robert Jones via twitter 1/17/2019 5:38:17 PM
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In a case like this isn’t it important to make the crime scene as large as possible to catch all of these important areas and look at them closely? Yes. You can always make the investigative area smaller but with people coming and going you can’t make it larger? Agreedby Robert Jones via twitter 1/17/2019 5:41:20 PM
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Lacy asking Smith about what Saint John police considered to be the "crime scene." Only Richard Oland's office, where his body was discoverd - not the foyer outside the 2nd-floor office, or rest of the bldg, court has heardby Bobbi-Jean MacKinnon via twitter 1/17/2019 5:41:54 PM
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And you acknowledge if you had this to do over again you would do it differently? Yes. Limiting the crime scene to the 2nd floor office was a fundamental error you made? Yes.by Robert Jones via twitter 1/17/2019 5:42:50 PM
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It's imperative you properly define the crime scene in order to ensure you can do your best to secure any potential evidence in relation to the crime? asks Lacy. Smith agrees.by Bobbi-Jean MacKinnon via twitter 1/17/2019 5:43:38 PM
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You should have started your investigation out by the exits and worked your way into the office where the body was rather than start in the office? Yesby Robert Jones via twitter 1/17/2019 5:44:58 PM
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Limiting the Oland crime scene to the inside office was a "fundamental error?" asks Lacy. Yes, says Smith. If you could do it over, you would do it differently? Yes.by Bobbi-Jean MacKinnon via twitter 1/17/2019 5:45:03 PM
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Smith is making no excuses for himself. He’s not blaming others. Where there were problems he is acknowledging them directly.by Robert Jones via twitter 1/17/2019 5:46:55 PM
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In 2015, you realized the necessity of developing some type of protocol for dealing with crime scenes? asks Lacy. Yes. Much of what's in that protocol was not done at Oland crime scene in 2011? Correct.by Bobbi-Jean MacKinnon via twitter 1/17/2019 5:47:59 PM
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No quality controls were in place in terms of processing a crime scene in 2011? asks Lacy. Correct, says Smith. But you don’t offer that as an excuse because you knew better from your training, correct? Correct.by Bobbi-Jean MacKinnon via twitter 1/17/2019 5:49:22 PM
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Lacy is undeniably effective in dissecting problems in the way the crime scene was dealt with. He has obviously studied proper police investigative procedures in detail - best practices - and is comparing them step by step with what happened in this case.by Robert Jones via twitter 1/17/2019 5:52:58 PM
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He’s even polite about it. “I appreciate your candor,” he tells Smith who is accepting the criticism and agreeing with it where appropriate.by Robert Jones via twitter 1/17/2019 5:55:20 PM
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Lacy asking why the detailed techniques used by Smith on Oland’s car - special lighting; chemicals that highlight invisible blood spots - weren’t used at the crime scene on areas like the back exit door.by Robert Jones via twitter 1/17/2019 5:58:40 PM
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Lacy is zeroing in on lack of examination of the back door, located in the foyer, outside the victim's second-floor office. Contrasting this with Smith's "meticulous" examination of Oland's car https://pbs.twimg.com/media/DxIaSlRUwAEsHj6.jpg
by Bobbi-Jean MacKinnon via twitter 1/17/2019 5:59:54 PM -
You didn't do any examination at all of the door, correct? Lacy asks Smith. Correct. Not a single swab of the deadbolt? No. Not a single swab of the handle? No.by Bobbi-Jean MacKinnon via twitter 1/17/2019 6:01:57 PM
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No swab of the deadbolt lock? No. No swab of the door handle? No. You have suggested there was no point in testing the door because the RCMP would not agree to test a contaminated site. Yes.by Robert Jones via twitter 1/17/2019 6:04:46 PM
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You didn't use any chemical reactants? No. You didn't use alternate light source, such as a CrimeScope? No.by Bobbi-Jean MacKinnon via twitter 1/17/2019 6:05:10 PM
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But you tested other heavily contaminated sites - like the office bathroom used by officers for days - and RCMP labs agreed to take that material? Yes. “I made a call and it was the wrong call,” Smith says about his decision not to test the back door.by Robert Jones via twitter 1/17/2019 6:08:22 PM
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You previously suggested there was no point of testing the door because the RCMP lab wouldn't accept touch DNA because it had been opened and contaminated? asks Lacy. Yes. But you sent swab from washroom sink even though it had been used&contaminated by officers&Adamson? Yes.by Bobbi-Jean MacKinnon via twitter 1/17/2019 6:10:37 PM
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Smith, who has been calm and polite throughout the searing cross-examination says: "I don't wish to argue with you sir. I made a call on the 7th. It was wrong. I was just trying to explain to you my thought process."by Bobbi-Jean MacKinnon via twitter 1/17/2019 6:12:08 PM
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It was a "judgment call that was fundamentally flawed?" persists Lacy. Yes, agrees Smith.by Bobbi-Jean MacKinnon via twitter 1/17/2019 6:13:06 PM
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UPDATE: Dennis #Oland defence challenges conduct, credibility of forensics officer CBC.ca/1.4981353 https://pbs.twimg.com/media/DxIeeTEUYAE9Hd9.jpg
by Bobbi-Jean MacKinnon via twitter 1/17/2019 6:16:35 PM -
Do you agree you should take off protective shoe coverings and gloves every time you leave a crime scene and put on new ones before you re-enter? asks Lacy. Yes, says Smith. Because of risk of contaminating scene? Yes.by Bobbi-Jean MacKinnon via twitter 1/17/2019 6:24:08 PM
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It's "such a basic thing, I'm going to suggest to you, there’s absolutely no excuse why you wouldn’t have done that, do you agree?" asks Lacy. "I guess so."by Bobbi-Jean MacKinnon via twitter 1/17/2019 6:25:04 PM
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Lacy asking Smith about a photo showing him out in front of Oland’s office wearing his coveralls and protective boots on the street during his investigation of the crime scene. https://pbs.twimg.com/media/DxIg645UUAAmy2k.jpg
by Robert Jones via twitter 1/17/2019 6:26:55 PM -
Prior to unveiling the picture Lacy had Smith agree that wearing protective clothing outside of a crime scene would be poor police practice.by Robert Jones via twitter 1/17/2019 6:28:19 PM