Dennis Oland murder trial hears officer urged to lie about crime scene
Retired officer says Deputy Chief Glen McCloskey said he didn't 'have to tell anyone' McCloskey entered office
A retired Saint John Police Force officer says his supervisor suggested he lie on the stand about the Richard Oland murder scene, and that the senior officer also set up a clandestine meeting, where he was encouraged by someone else to interfere with the investigation.
King said he replied that he had "never lied on the stand in 32 years" and he "wasn't about to start."
"I didn't care if it was a murder or a traffic ticket, I was telling the truth," he said during Dennis Oland's second-degree murder trial.
McCloskey's reaction was simply to stand, walk over to a window and look outside, said King. McCloskey never said, 'You misunderstood me."
His intentions were clear, he said. "There was no misunderstanding for me."
Richard Oland's bludgeoned body was discovered on July 7, 2011, lying face down in a large pool of blood in his investment firm office. The prominent businessman had suffered 45 sharp and blunt force injuries to his head, neck and hands.
Dennis Oland, 47, who was the last known person to see his father alive during a meeting at his office at 52 Canterbury St., the night before, has pleaded not guilty to second-degree murder.
Scrutiny over protection of crime scene
The Saint John Police Force has faced scrutiny by the defence over protection of the crime scene. Earlier in the trial the court heard that officers assigned to guard the scene had been using the bathroom outside Oland's office for two days before it was tested for forensic evidence.
A back door that led to an alleyway below, which has been described by the defence as being the "preferred exit route of the killer, was also never checked for fingerprints because it had been contaminated by officers.
King said he didn't see McCloskey go "near the body." In fact, he said McCloskey was behind him when he entered the office for a second time.
King's revelation about McCloskey's comments came under direct questioning by Crown prosecutor Patrick Wilbur.
Wilbur reminded King he was under oath and had sworn to tell the truth. "At any time previous to this did anyone suggest to do otherwise?" asked Wilbur.
"Yes," replied King.
He said his conversation with McCloskey occurred either before or during Oland's preliminary inquiry last year — about three years after Oland was killed.
McCloskey was the divisional inspector in charge of patrol services at the time. He was previously in charge of the major crime unit, said King.
King said he never told any other superior officers about his conversation with McCloskey, but did tell Sgt. Charles Elgee and Const. Grant Lyons "a long time ago, probably last winter," as well as his wife and mother.
He said Davidson was telling him about how he was thinking of leaving the major crime unit; that the Oland case was wearing him down.
"He was pretty worked up … He felt like things were making him look bad and he didn't want to look bad," said King.
King said he told Davidson to hang in and tell the truth and things would sort themselves out. That's when he told Davidson about McCloskey wanting him to "lie."
"That's not the word that [McCloskey] used, but the word I used."
Davidson's response was "that could be career-ending," said King.
The only other people he told were the prosecutors, on Sept. 29, before he was scheduled to testify, he said.
Told to meet stranger in parking lot at midnight
King said McCloskey had also emailed him several times after their conversation, asking if he had testified at Dennis Oland's preliminary inquiry yet.
He also said McCloskey had a box of exhibits related to the Oland investigation in his office, which was not the "normal procedure."
McCloskey wanted him to get another officer to deliver the box to the RCMP in Fredericton, he said.
King did not say what was in the box or why McCloskey wanted it delivered to the RCMP.
But he said seized exhibits normally stay in the custody of the forensic identification unit and any movement would be documented to ensure continuity.
Under cross-examination by defence lawyer Alan Gold, King also revealed that McCloskey had called him late one night and instructed him to go to the Boston Pizza on the city's east side in a marked vehicle to meet someone at midnight.
McCloskey didn't tell him what it was about, but said he would know, King testified.
King said the Mountie told him if any calls were to come into dispatch regarding suspicious activity in that area, that King should redirect his officers from responding.
"In effect to cancel the call," remarked Gold. King agreed.
King said the man got out of the car. He didn't know what he was doing, but after about 45 minutes, the man got back in the car and gave him the "all clear."
Asked whether he saw any warrants or any lawful authorization for whatever took place, King said he did not.
King retired in April, around the same time Bill Reid retired as chief and McCloskey was appointed acting chief. Asked whether his retirement was "amicable," he said it was.
McCloskey served as acting chief for about six months until the new chief, John Bates, was appointed. He's been the deputy chief since January.
Accused's clothing wasn't seized
Earlier Tuesday, another officer told the court he doesn't know why his colleagues didn't ask Dennis Oland to surrender the clothing he told them he was wearing when he last visited his father.
Const.Tony Gilbert said he observed part of Dennis Oland's videotaped statement to police on July 7, 2011 — the day his father's bludgeoned body was discovered.
Defence lawyer Alan Gold suggested his client told Const. Stephen Davidson during that statement that he was wearing some of the same clothing he had worn the night before when he stopped by his father's office.
Gold asked Gilbert if there was "any good reason police wouldn't have asked him for those items" for forensic tests at that point.
Gilbert said he couldn't remember if he was present when Oland said that to Davidson. He also didn't know if Oland was considered a suspect at that point, he said.
Gold suggested Oland was "enough of a suspect" that he was under surveillance from the time he left the police station and asked again if there was "any good reason" why police wouldn't have asked him for that clothing.
You don't know if he would have consented if you never asked him.- Alan Gold, defence lawyer
Gilbert said there's "more to it than just asking him," referring to a required consent form.
"You don't know if he would have consented if you never asked him," said Gold.
Gold asked Gilbert if he would have asked Oland for the clothing, assuming he was a suspect and under surveillance at that point. "Perhaps," he replied.
The court heard earlier in the trial that Davidson had been a police officer for 12 years, but had only joined the major crime unit three days before Richard Oland's body was discovered. Three months later, he was put in charge of the case when the lead investigator retired.
Lead Crown prosecutor P.J. Veniot said during his opening statement to the jury that police seized a brown sports jacket from Dennis Oland's closet.
The jacket, which still had a dry cleaning tag attached, had four areas of blood on it that matched Richard Oland's DNA.
The accused had told police he was wearing a navy blazer when he went to visit his father at Far End Corporation on July 6, 2011, the court heard.
But Richard Oland's secretary testified he was wearing a brown jacket when he arrived around 5:30 p.m. He was also captured on video surveillance earlier in the day wearing a brown jacket.