Dennis Oland murder trial focuses on killer's possible escape route

• LiveBlog:DennisOland'ssecond-degree murder trial: Sept 25

Defence lawyer Gary Miller cross-examinedSaint John Police ForceConst. BenMacLeod, who was responsible for guarding the crime scene overnight on July 7, 2011.

MacLeodsaid heremained in the foyer area outside RichardOland'ssecond-storeyoffice at 52 Canterbury St. from 6:13 p.m. until 6:47 a.m.,other than a one-hour break around 2 a.m.

He sat or stood near adoor that led to a back alleyway throughout his shiftand that door was open the entire time, he said.

Other officers previously testified that the door was closed earlier in the day. It's not yet clear who opened the door or when.

"Did it ever dawn on you the perpetrator of this dastardly deed may have left that way?" askedMiller.

"[The killer] could have left through that door and any other door in that building," MacLeod replied.

Oland's otherdefence lawyer, Alan Gold, has previously suggested the door to the alleywaywould have been the "preferred exit route" becauseit was the "nearest, more surreptitious, most hidden exit route."

The defence suggested Friday thekiller could have then ducked down a narrow northbound alleyway that exits onto Grannan Street, orclimbed onto the roof of a small garage behind the buildingand then escaped down another alleyway that exits ontoGermain Street.

There are "many possibilities," saidMacLeod.

"That may be one, depending on the person."

MacLeodtold the courthe never searched the alleyway. His assigned duty wassecurity detail, he said.

No evidence found near office

Const. Mike Horgan, a dog handler with the Saint John Police Force for 19 years, did search the alleyway earlier that day, however, the courtroom heard.

Horgansaid hearrived at the scene at about 3:30 p.m. and spent about an hour searching the area with his dog Leo. There was a heavy downpour during that periodwhich lasted about 10 minutes, he said.

He marked on an aerial photograph the route he took, which included Canterbury, Grannan,Princess and Germain streets.

Horgan said there was one grassy area between Canterbury and Germain streets that he didn't search because he couldn't access the area with his dog. That was the area beyond the garage rooftop the defence had earlier suggested was a possible escape route.

"No evidence was found as a result of the search," said Horgan.

During cross-examination, AlanGold showed Horganseveral photos of the area, which were taken by a professional photographer on June 17, 2014 three years after the murder.

Horganhad difficulty recognizing several of the scenes, including a photo of the alleyway leading to Grannan Street."I can say I went down an alleyway," he said, unable to confirm if it was the one depicted in the photo.

Healso he did not remember there being three steps at the back of 52 Canterbury St.at the time of the search. Gold contends the exits should have received a detailed inspection.

In addition, Horgan said hethought there used to be a taller metal fence where a wooden fence now stands.

Whatever way the killer or killers left, you didn't find any evidence of their departures, did you?- Alan Gold, defence lawyer

The court heard on Thursday that the Crown had no photographs of the back door in question from the time of the murder and that the photos being shown to the jury were only taken a couple of months ago four years later.

Justice John Walsh, who has been brought in from Miramichi to hear the case, expressed surprise that the Crown's photos were so recent and subsequently ordered the prosecutors to provide a list of dates for all of their photos.

Gold argued that unless the killer was picked up by a helicopter "like in a James Bond movie," there was only three possible exit routes out the front door of 52 Canterbury St., or out the back door and down one of the alleyways.

"Whatever way the killer or killers left, you didn't find any evidence of their departures, did you?" he asked.

"Correct," Horgan replied.

Other searches

Horganand his dogsearched also theRenforth Wharf area the following dayfrom about3 p.m. until5:45 p.m. Again, no evidence was found.

The canine duo also participated in a search of 58Gondola Point Rd.,in Rothesay on July 14, 2011, between11:45 a.m. and 3 p.m.

Horgan said they searched the front of the house, including the pasture area anddriveway, then behind theproperty, including adirt road, fields, and around a barn structure.

He did not search the inside of the barn structure because it wasalready "contaminated" by a "hand search" being conductedby other officers, he said.

He also searched "around" amanure pile not in it.

"I did not find any evidence at all," Horgan said.

Richad Oland's bludgeoned body was discovered lying face down in a pool of bloodin his investment firm office, Far End Corporation, on July 7, 2011, shortly before 9 a.m.

The prominent businessman hadsuffered 40 sharp- and blunt-force injuries to his head and neck, as well as six defensive wounds to his hands, according to the Crown.

Dennis Oland, 46, who was the last known person to see his father alive during a meetingthe night before, has pleaded not guilty to second-degree murder.

Trial is on schedule

The trial resumes on Monday. It is expectedto run until Dec. 18.

The judge told the jury on Friday morning that the trial was running on schedule, despite having a two-day break this week,but he ended up adjourning early for the day.

Walsh said thequestioning of the Crown's next witness was expected to take quite some time and couldn't extend into Monday because two other witnesses were already "locked in"for early next week.

He did not identify who the witness slated for Friday wasbut said that person is already going to have to be called to the stand more than once as it was.

Walsh said hewas worried it would be "too disjointed" for the jury so he made "an executive decision" to put off calling the witness until a later date.

The judge stressed thathe and the lawyers are "very cognizant" that the jurors have invested a lot of their "personal life" in order to serve.

"We don't want to misuse your time," he said, thanking them for their patience andassuring themthey will have a full week ahead.