Deputy chief denies suggesting officer lie about Richard Oland crime scene

Saint John Police Force Deputy Chief Glen McCloskeydenies allegations that hesuggestedanother officerlie to the court about his presence atthe Richard Oland murder scene.

McCloskey suggestedit was retired staff sergeant Mike King who lied about himbecause he was angry about being passed over for a promotion to inspector.

McCloskey made the statements Wednesday during his testimony at Dennis Oland's second-degree murder trial.

Saint John Police Chief John Bates has directed the force's professional standards unit to investigate the allegations.

• Live blog:Dennis Oland's second-degree murder trial Oct. 14

McCloskey told the court heentered the bloodycrime scenetwice on the day the prominent businessman's bludgeoned body was discovered once to "observe the body" and then again out of "curiosity."

"It was wrong, I shouldn't have been in there," saidMcCloskey, who was an inspector at the time and was only on site as a "resource person."

The 27-year veteransaid he was "embarrassed," admitting that he went farther into the crime scene than directed by the head of the forensic identification unit and without any protective gear on.

McCloskey also said he might have touched and even opened the back doorlocated in the foyer outside Oland's office, which Dennis Oland's defence lawyers have suggested would have been the "preferred exit route" of the killer.

The door was never checked for evidencebecause it was contaminated by officersbefore the forensics officer got a chance to test for fingerprints.

"There were a lot of things we could have done better at the scene," said McCloskey.

"What if any suggestion did you make to anyone to change their testimony in relation to your attendance at the scene?" asked Crown prosecutor Patrick Wilbur.

"None," replied McCloskey.

On Tuesday, King testified that some time last year, either before or during DennisOland'spreliminary inquiry, McCloskey, who washis supervisor, had encouraged him not to reveal he had enteredthe crime scene.

King said he was in McCloskey's office when McCloskeyreferred to anotherofficer as being an "idiot" for having said that he was there.

King said his reaction was, "You were in the room." McCloskey'sreply, according to King, was, "Well, you don't have to tell them that."

RichardOland'sbody was discovered lying face down in a large pool of blood in hissecond-storeyinvestment firm office at 52 Canterbury St., on July 7, 2011.

He had suffered 45 sharp and blunt force injuries to his head, neck and hands.

DennisOland, 47, who was the last known person to see his father alive during a meeting at his office the night before, has pleaded not guilty to second-degree murder.

The Saint John Police Force has faced scrutiny over its maintenance of the crime scene and the investigation as a whole.

Oland's defence lawyer Alan Goldsuggested Wednesdayit could have beenMcCloskeywho left an unidentified footwear impression in the bloody crime scene.

Gold suggested that might have been why McCloskey didn't want King to testify that he had been there he didn't want anyone to know he might have contaminated the scene and the important blood evidence.

The lawyeralso pointed out thatMcCloskeyand Const. GregOramthe officer he went into the office the second time withwere the only two officers who didn'ttestify atDennnisOland'spreliminary inquiry. About40 other officers did.

Gold argued that was no coincidence. Hesaid by revealing new information on Wednesday, it gave the defence no opportunity to properly prepare for the cross-examination and to verify McCloskey'sclaims with other witnesses.

'I don't remember touching anything'

McCloskey said King called him after the victim's body was found, asking him to come to the crime scene. It was not unusual for him to attend a homicide scene, he said.

McCloskey entered Oland's office later that morning "to observe the body"with King andSgt. Dave Brooker, of the major crime unit.Sgt. Mark Smith, the head of the forensic identification unit, was leading the way.

They all followed the same path and went only as far as Smith indicated, saidMcCloskey. Hebelieves he was the last one in, because he was the tallest.

"I don't remember touching anything," said McCloskey, adding he was not wearing any protective gloves or booties at the time.

He estimates they were only in the office between 45 seconds and one minute before leaving, likely backing their way out because they were in such "close quarters."

He was not directing the investigation or assisting in any way, he said under direct questioning by Crown prosecutor Patrick Wilbur,as a courtroom full of spectators looked on.

McCloskeysaid he entered the bloody office again around 12:30 p.m. with Oram, of the major crime unit to "look around."

"Wewalked in, roughly where Sgt. Smith had taken us to" and took a step closer to some filing cabinets in order to enter a room at theback of the office, he said, adding he noticed some small drops of blood on the floor.

Asked what the purpose was, McCloskeyreplied, "Curiosity, I guess."

Before long, Smith instructed them to "get out," he said.

Can't recall if he touched back door

Later on, in the foyer area outside Oland's office, McCloskey noticed a door that exited to a back alley, almost at ground level because the building is on a hill.

McCloskey said the door was open at the time and he went outside."I couldn't say with any certainty whether I handled it or did not handle it at that point."

Under cross-examination by the defence, McCloskey said he might have touched the door, and later said he might have been the one to open the door.

Asked whether any instructions had been given to anyone about touching or using that door, he replied, "None that I'm aware of."

McCloskey said he looked around for three or four minutes, then went back inside.

Not easy to 'blow the whistle'

Earlier in the day, Mike King testified that itwas not a pleasant decision to reveal his supervisor had encouraged him to lie to the court about the case.

"I take it it was not a pleasant decision for you to blow the whistle on what took place at this time?"Gold asked him during cross-examination.

"Very difficult," replied King.

King said he told McCloskeyhe had "never lied on the stand in 32 years" and he "wasn't about to start."

Gold said when King disclosed the conversation to the Crown prosecutors last month, he said: "I'm just getting it offmy chest. It's been bothering me for a long time."

King retired as staff sergeantin April after more than three decades on the force. He had applied for an inspector's position before he retired.

"What would you say to the allegation you're just saying these things about McCloskey because you got turned down for inspectorand you're bitter?" asked Gold.

"False," repliedKing. He said he wasn't turned down. The process hadn't evenstarted yet. He had applied, but decided to retire due to health reasons after a conversation with his doctor.