Dennis Oland murder trial hears officer urged to lie about crime scene

A retiredSaint John Police Forceofficersays his supervisor suggested he lie on the stand about the Richard Oland murder scene, and that the senior officeralso set up a clandestine meeting, where he was encouraged by someone else to interfere with the investigation.

Retired staff sergeant Mike King testified Tuesday that Deputy ChiefGlen McCloskey, who was an inspector at the time,told himhe didn't "have to" tell anyone that McCloskeywent into the bloody office to observe the body.

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."

• Live blog:Dennis Oland's second-degree murder trial: Oct. 13

RichardOland'sbludgeoned body was discovered on July 7, 2011, lyingfacedown in a large pool of blood in his investment firmoffice.The prominent businessman hadsuffered 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 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 beendescribed by the defence as being the "preferred exit routeof the killer, was also never checked for fingerprints because it had been contaminated by officers.

King said he didn't seeMcCloskeygo "near the body." In fact, he saidMcCloskeywas behind him when he entered the office for a second time.

McCloskeyis also expected to testify, possibly as early as Wednesday.

King's revelation about McCloskey's commentscame 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 hisconversation withMcCloskeyoccurred either before or duringOland'spreliminary 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 hisconversation with McCloskey, but did tellSgt. Charles Elgee and Const. Grant Lyons "a longtime ago, probably last winter," as well as his wife and mother.

He also told Const. Stephen Davidson, the lead investigator in the Oland case, during a meeting "this summer."

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 peoplehe told werethe prosecutors, on Sept. 29, before he was scheduled to testify, he said.

Told to meet stranger in parking lot at midnight

King saidMcCloskeyhad alsoemailedhim several times after their conversation, asking if he had testified at DennisOland'spreliminary inquiry yet.

He also saidMcCloskeyhad a box of exhibits related to theOlandinvestigationin his office, which was not the "normal procedure."

McCloskey wanted him to get another officer to deliver the box to the RCMPin 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.

A man, whom King believed to be an RCMP officer, got into his vehicle and instructed him to drive to the area near the yacht club in Millidgeville, in the city's north end.

King said the Mountie told himif 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,Kingsaid 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 retirementwas "amicable," he said it was.

McCloskeyserved as acting chief for about six monthsuntil 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 courthe doesn't know why his colleaguesdidn't ask DennisOlandto surrender the clothing he told them he was wearing whenhe lastvisited his father.

Const.Tony Gilbertsaid heobserved part of DennisOland'svideotaped statement to police on July 7, 2011 the day his father's bludgeonedbody wasdiscovered.

Defence lawyer Alan Gold suggested his client told Const. Stephen Davidson during that statement that he was wearing some of the same clothinghe had worn the night before when he stopped by his father's office.

Goldasked 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 Olandsaid that to Davidson. He also didn't know ifOland 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 hewould have asked Olandfor 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, buthad 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.Veniotsaid during hisopeningstatement to the jury that policeseized a brown sports jacket from DennisOland'scloset.

The jacket, which still had a dry cleaning tag attached, had four areas of blood on it that matched RichardOland'sDNA.

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.