Police never examined blood-soaked pillow, key evidence was moved, Millard trial hears

Several important items at the crime scene where Wayne Millard's body was found were never seized or analyzed by police, court heard Friday as Dellen Millard's trial for first-degree murder inthe death of his father continues in Superior Court in Toronto.

On top of that revelation, court heard the alleged murder weapon in the case wasmoved before it was photographed by investigators somethingone police officer said goes against rudimentary crime scene training.

Jeffrey Johnston, a forensicofficerwith Toronto police, returned to the witness box Friday and was peppered with questions about multiple items that were never fully examined for the case,including the blood-soaked pillow on whichMillard's body was found lying.

That same pillowhad a black, sooty mark on it that Johnston confirmed was never forensically tested. Another Toronto police officer,Sgt. RichardNimmo, said that mark could "possibly [be] gunshot residue" a substance thatwould almost always become evidence in a murder trial.

But this is no ordinary trial.The death of the 71-year-old Millardwas originally ruled a suicide in late 2012. He was found deadat his home at 5 Maple Gate CourtinEtobicoke, Ont., witha single gunshot wound through his eye.

The Crown contends his sonDellen, 32, killed him, but the case was only reopened after Millard was charged with the murders ofHamilton's TimBosmain 2013 andToronto's LauraBabcockin 2012.

Millard was found guilty of those slayings and iscurrently serving consecutive life sentences. He has pleaded not guilty to killing his father.

Case originally ruled a suicide

The key to how the crime scene was treated is how the situation was being viewed by first responders at the outset.

It was originally considered a coroner's case for a sudden death, and not a murder investigation. For a thorough search and investigation of the home to happen, Johnston testified, police would need to come back with a search warrant.

"That didn't happen in this case?" asked Millard's lawyer, RavinPillay. "No, it did not," Johnston responded.

Other items, like the blankets found around Millard's legs andthe bloody bag the alleged murder weaponwas found in were also never tested, Johnston said. Again, that'sbecause it was a coroner's case at the time, and not a homicide investigation, he said.

Court also heard that only about six minutes of police video from the scene exists because the camera police were using at the timeran out of batteries.

Another police officer, Const. Doug Leonard, testified that at one point during the investigation,the coroner "held up a black Lululemonshopping bag" in which the .32-calibre revolver that allegedly killed Millard was found.

Nimmo also testified that the photos of the bag and the gun shown in court did not appear to be the exact same location where he first saw the gun.

Generally, police photograph a crime sceneas it was found before anything is moved.

Nimmosaid he didn't see anyone touch or move the gun, but his expectation as a police supervisor is that no one shouldmove it.

"It's common sense," he said.

Millard gave no reaction to father's death, officer says

Nimmo was one of the first people on scene the night Millard died, court heard. He spoke several times with Dellen Millard and Madeleine Burns, Millard's mother.

He said Burns seemed very distraught, and often cried during their conversations.

Not so for Dellen Millard, he saideven though his father's bloody corpse was lying just a few metres away.

"I don't recall him having any overt emotional reactions," Nimmo said.

He also testified to finding what appeared to be pot in the basement of the home, where there was a "strong odour of marijuana."

After the gun was discovered, Nimmo said, he tracked down Millard who at this point was sitting outside in his car with hisdog.

"I told him we had located a gun," Nimmo said.

Millard then replied, "Is it a revolver?" Nimmo said.There had been no discussion with Millard about a revolver before this point, the officer said.

"He didn't seem surprised or any other emotions."

The trial continues Monday morning.

You can scroll through a recap of the CBC's live blog from inside the courtroom here. On mobile and can't see it?View it here.

adam.carter@cbc.ca