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.
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Lacy introduces into evidence a photo of Smith outside 52 Canterbury St. on July 7, 2011 wearing a white crime suit and blue booties. Have you seen this before? he asks. I believe so yes. Saw yourself on the news possibly? Yah. https://pbs.twimg.com/media/DxIhVdlUYAAXv6o.jpg
by Bobbi-Jean MacKinnon via twitter 1/17/2019 6:29:10 PM -
If today you saw a young officer doing this you would have words with them to tell them this is not acceptable? Yes says Smith.by Robert Jones via twitter 1/17/2019 6:29:21 PM -
Anyone who entered the scene should have had booties on? asks Lacy. Yes, says Smith. You gave Const. Duane Squires booties to put on when he helped you remove the body, but funeral home employees entered the bloody office without? Smith says he thought they didby Bobbi-Jean MacKinnon via twitter 1/17/2019 6:37:45 PM
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Lacy shows second photo of funeral home workers and officers leaving with Oland’s body without show coverings.by Robert Jones via twitter 1/17/2019 6:38:06 PM
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Isn’t this the one thing you should have insisted on - even if you couldn’t stop officers and outsiders from entering the scene / that at least everyone should have covered their feet? Yes.by Robert Jones via twitter 1/17/2019 6:40:13 PM
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They testified they didn’t, says Lacy. Another example of you failing to properly protect the integrity of the area you examined, you accept that sir?" Yes, says Smithby Bobbi-Jean MacKinnon via twitter 1/17/2019 6:41:06 PM
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Asking now about Inspector McCloskey. Are you aware he suggested you invited him into the scene? I heard that. Did you? No.by Robert Jones via twitter 1/17/2019 6:41:39 PM
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Lacy asks about Smith's previous testimony about giving in to senior officers who "wished to view" the body before he had finished processing the scene. Suggests he could have at least insisted they wear booties. Smith agrees.by Bobbi-Jean MacKinnon via twitter 1/17/2019 6:42:08 PM
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Former deputy chief Glen McCloskey testified Smith had "invited" him and other officers in. Smith testifies he did not.by Bobbi-Jean MacKinnon via twitter 1/17/2019 6:43:13 PM
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The incident where you catch McCloskey and Sgt. Oram in the office does not appear in your notes. No. Why not? Not sure. Did you leave it out of your notes on purpose? No. You should have included it? Yes.by Robert Jones via twitter 1/17/2019 6:43:45 PM
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Lacy now asking about when Smith returned to the crime scene after retrieving some equipment to find McCloskey in the office a second time with Const. Greg Oram, beyond the area he had previously allowed under his supervision and without any protective gear onby Bobbi-Jean MacKinnon via twitter 1/17/2019 6:45:24 PM
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All 3 testified that Smith was not happy and ordered them out. Lacy points out that Smith made no notes about this. Correct, says Smith.by Bobbi-Jean MacKinnon via twitter 1/17/2019 6:47:38 PM
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Lacy shows Smith zig zag diagram drawn by Sgt Greg Oram of his path into the crime scene when he was with McCloskey. “You would be appalled by that,” if you knew that was where they walked says Lacy. “I am,” says Smith.by Robert Jones via twitter 1/17/2019 6:51:47 PM
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Did you purposely leave it out because you were embarrassed they were in the scene when you hadn't finished processing it? asks Lacy. "I can't tell you why I left it out," replies Smith. "Absolutely wrong to leave it out?" Yes. "In effect, it’s inexcusable, correct?
"Correct."by Bobbi-Jean MacKinnon via twitter 1/17/2019 6:52:21 PM -
This route could seriously contaminate this scene? Yes. Impede your investigation? Yes. They could have inadvertently deposited evidence that wasn’t there or picked evidence that was on their shoes? Yes. https://pbs.twimg.com/media/DxInSluVYAAHHZq.jpg
by Robert Jones via twitter 1/17/2019 6:54:49 PM -
This route - had you known about it would - have been a complete and utter shock to you? Yes.by Robert Jones via twitter 1/17/2019 6:56:25 PM
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Oram previously testified green line is where he entered to view the body, blue line is where he followed then-Insp. McCloskey. They then moved to 3rd location (pink line) before Smith told them to get out and they exited via orange line. Also said McCloskey sat down in the scene https://pbs.twimg.com/media/DxIoDlMXQAA-d29.jpg
by Bobbi-Jean MacKinnon via twitter 1/17/2019 7:02:19 PM -
Smith had directed officers - including McCloskey in his first visit to follow a route into and out of the scene that was tight to the wall. The route Oram sketched was well outside that boundary. This is apparently the first time Smith is learning of how bad the wandering was.by Robert Jones via twitter 1/17/2019 7:03:38 PM
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McCloskey testified at 1st trial in 2015 that green line was his 1st trip in with Smith and orange was his 2nd trip in with Oram. Earlier in retrial he drew blue semi-circle on right, indicating additional movements he made. Blue dot on far right was how far Oram got, he said. https://pbs.twimg.com/media/DxIpGcLWkAAV11H.jpg
by Bobbi-Jean MacKinnon via twitter 1/17/2019 7:06:04 PM -
If you knew someone followed the green line, to left of the table, you would be appalled by that, wouldn't you? asks Lacy. "I am, yes," says Smith. Because you tried to limit movements along the orange line, stopping before end of table? Yes. https://pbs.twimg.com/media/DxIqALtW0AARKaP.jpg
by Bobbi-Jean MacKinnon via twitter 1/17/2019 7:08:35 PM -
To get so close to the victim’s body would have the possibility of interfering with trace evidence? asks Lacy. "Very possible," replies Smith.by Bobbi-Jean MacKinnon via twitter 1/17/2019 7:10:11 PM
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Oland retrial is on afternoon break. Should resume shortly...by Bobbi-Jean MacKinnon via twitter 1/17/2019 7:20:20 PM
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Oland defence lawyer Michael Lacy is asking head of forensics Sgt. Mark Smith about blood spatter analysis of the crime scene. RCMP bloodstain pattern expert Sgt. Brian Wentzell didn't arrive until July 11 - 4 days after the body was discovered, court has heardby Bobbi-Jean MacKinnon via twitter 1/17/2019 7:29:13 PM
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Unquestionably tough day again in court for SJ police. I’m heading out now to file radio and TV reports for @CBCNB and to speak live with @VanessaVVCBC on @ShiftNB As always for continuing live coverage follow @BJMCBCby Robert Jones via twitter 1/17/2019 7:29:21 PM
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Lacy notes police asked Richard Oland's secretary Maureen Adamson to go into the office on July 9 - before analysis - to see if she noticed anything missing. Did you authorize that? I don't think I was asked, replies Smith.by Bobbi-Jean MacKinnon via twitter 1/17/2019 7:31:59 PM
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Adamson testified she recalled a tarp being on the floor at the time, covering the area where the victim's body had been discovered - over the main blood pool. Did you know about that? asks Lacy. No, says Smithby Bobbi-Jean MacKinnon via twitter 1/17/2019 7:34:19 PM
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Although most of the blood would have dried by then, there was significant pooling - still a chance of transference? asks Lacy. Yes, agrees Smith. Could create problems for analyst? Yes. You didn't advise Wentzell because you didn't know? Correct.by Bobbi-Jean MacKinnon via twitter 1/17/2019 7:36:57 PM
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You remember being tasked with locating a will? asks Lacy. Yes. Lacy displays on large scene in courtroom a photo of the victim's desk with a blood-spattered documents on it. One appears to be genealogical will, agrees Smith.by Bobbi-Jean MacKinnon via twitter 1/17/2019 8:00:30 PM
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Smith says he wasn't tasked with finding a will on July 7. Believes it was on July 14 when he examined accused's car and police believed it would be in the red bag. Didn't occur to you when you were later asked to locate the will that it was right there on the desk? Noby Bobbi-Jean MacKinnon via twitter 1/17/2019 8:04:40 PM
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If you have to move something in a bloody crime scene, it's important to document it, not to put it anywhere else in the scene where there's a risk of transfer? asks Lacy. Yes, agrees Smith.by Bobbi-Jean MacKinnon via twitter 1/17/2019 8:10:56 PM
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Lacy asks about victim's eyeglasses. Smith says they were underneath the body. He had been asked to look under the body for any possible weapon. You made a note that the glasses were visible? Not that they were visible, just that they were "on the floor."by Bobbi-Jean MacKinnon via twitter 1/17/2019 8:13:42 PM
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Lacy displays another photo of the blood-spattered glasses later on the victim's blood-spattered desk. Asks about remote control found on the floor, which Smith had previously testified to moving.by Bobbi-Jean MacKinnon via twitter 1/17/2019 8:16:54 PM
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Smith said he turned it over to photograph it, then moved it out of the way of funeral home employees during removal of body. Lacy displays another photo of the remove on top of some filing cabinets.by Bobbi-Jean MacKinnon via twitter 1/17/2019 8:17:37 PM
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Lacy notes the remote appears to have some blood on it. Did you swab it? No. Did you bag it for evidence? No.by Bobbi-Jean MacKinnon via twitter 1/17/2019 8:19:39 PM
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Lacy asking Smith about mysterious sticky notes a citizen found in a wooded area on city's west side and turned over to police on Aug. 24, 2011. Had victim's nickname, Dick, written on them, as well as his father, Philip, brother Derek, great-great-grandmother Susannah etc https://pbs.twimg.com/media/DxI7aWBX4AMV4o1.jpg
by Bobbi-Jean MacKinnon via twitter 1/17/2019 8:30:45 PM -
You were never asked to analyze them for fingerprints etc? asks Lacy. No, says Smith. They never came into the forensics office, I was never notified about them, he says.by Bobbi-Jean MacKinnon via twitter 1/17/2019 8:33:11 PM
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Lacy advises the court he expects to wrap up his cross-examination of Smith before lunch tomorrow. Then the Crown will have an opportunity for redirect. Oland retrial adjourns until 9:30 a.m.by Bobbi-Jean MacKinnon via twitter 1/17/2019 8:34:13 PM
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After a long, difficult day of cross-examination, Smith leaves as pleasant and polite as ever. "Good night." "See you in the morning," he says to multiple people on his way out.by Bobbi-Jean MacKinnon via twitter 1/17/2019 8:39:04 PM
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Dennis Oland lingers at the back of the courtroom for a few minutes, chatting and laughing with his uncle Derek (the victim's brother), and his childhood friend Val Streeterby Bobbi-Jean MacKinnon via twitter 1/17/2019 8:40:42 PM