Category: canada/family-law

AP News in Brief at 12:04 a.m. EDT

Iran’s seizure of UK tanker in Gulf seen as escalation

LONDON (AP) — Iran seized a British-flagged oil tanker Friday and briefly detained a second vessel in the Strait of Hormuz, intensifying tensions in the strategic waterway that has become a flashpoint between Tehran and the West.

The seizing of the British tanker marked perhaps the most significant escalation since tensions between Iran and the West began rising in May. At that time, the U.S. announced it was dispatching an aircraft carrier and additional troops to the Middle East, citing unspecified threats posed by Iran.

The ongoing showdown has caused jitters around the globe, with each manoeuvr bringing fear that any misunderstanding or misstep by either side could lead to war.

Details of what took place Friday remained sketchy after Iran reported that it had seized a British oil tanker in the Strait of Hormuz. The strait at the mouth of the Persian Gulf is a shipping channel for one-fifth of all global crude exports.

The Stena Impero was taken to an Iranian port because it was not complying with “international maritime laws and regulations,” Iran’s Revolutionary Guard declared.

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In reversal, Trump disavows criticism of chanting crowd

WASHINGTON (AP) — President Donald Trump on Friday reversed his previous criticisms of a North Carolina campaign crowd that chanted “send her back” about a Somali-born congresswoman.

Trump defended the rally-goers as “patriots” while again questioning the loyalty of four Democratic lawmakers of colour. His comments marked a return to a pattern that has become familiar during controversies of his own making: Ignite a firestorm, backtrack from it, but then double down on his original, inflammatory position.

When reporters at the White House asked if he was unhappy with the Wednesday night crowd, Trump responded: “Those are incredible people. They are incredible patriots. But I’m unhappy when a congresswoman goes and says, ‘I’m going to be the president’s nightmare.’”

It was another dizzying twist in a saga sparked by the president’s racist tweets about Democratic Rep. Ilhan Omar of Minnesota, who moved from Somalia as a child, and her colleagues Reps. Alexandria Ocasio-Cortez of New York, Rashida Tlaib of Michigan and Ayanna Pressley of Massachusetts.

The moment took an ugly turn at the rally when the crowd’s “send her back” shouts resounded for 13 seconds as Trump made no attempt to interrupt them. He paused in his speech and surveyed the scene, taking in the uproar, though the next day he claimed he did not approve of the chant and tried to stop it.

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Florida sheriff to investigate Epstein’s work release

MIAMI (AP) — A Florida sheriff launched an investigation Friday into whether his department properly monitored the wealthy financer Jeffrey Epstein while he was serving a sentence for soliciting prostitution from underage girls.

The inquiry will focus on whether deputies assigned to monitor Epstein in a work-release program violated any rules or regulations, Palm Beach County Sheriff Ric Bradshaw said in a statement. Under a 2008 plea deal, Epstein was allowed to spend most of his days at the office of his now-defunct Florida Science Foundation, which doled out research grants, rather than in the county jail.

“All aspects of the matter will be fully investigated to ensure total accountability and transparency,” Bradshaw said.

Epstein, 66, was convicted on one count of procuring a person under age 18 for prostitution and one count of solicitation of prostitution. He served a 13-month sentence, registered as a sex offender and paid restitution to victims. While only convicted on two counts, prosecutors alleged that Epstein had been involved with dozens of underage teenage girls.

His plea deal helped him avoid more serious federal charges. But news reports of the deal sparked a public outcry, and federal prosecutors in New York charged him with sex trafficking involving underage victims. The charges led to the resignation of President Donald Trump’s labour secretary, Alex Acosta, who was Miami U.S. attorney when the deal was signed. Epstein has pleaded not guilty. If convicted, he could be sentenced to up to 45 years in prison. A judge on Thursday denied bail, saying the financier is a flight risk and a danger to the community.

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Counties: Drug companies shipped suspicious opioid orders

COLUMBUS, Ohio (AP) — Companies that make and distribute opioids didn’t abide by a requirement that they refuse to ship orders of the powerful prescription painkillers when they deemed them suspicious, helping fuel a national addiction and overdose crisis, two Ohio counties said in a legal filing Friday.

Until now, lawyers representing Cuyahoga and Summit counties, the first local governments in line for a trial in a massive series of lawsuits seeking to hold the drug industry accountable for the crisis, have been focusing largely on allegations that drug companies made false claims about the safety of opioids, encouraging doctors to prescribe the drugs at higher doses and for more patients.

The latest filings, which came as part of a flurry of motions from both sides in the case, shifted the focus to whether companies complied with Drug Enforcement Administration requirements about how the drugs flowed to distributors and pharmacies as the death toll from overdoses of prescription and illicit opioids rose.

One executive at Mallinckrodt emailed a distributor requesting he check the inventory of a drug. “If you are low, order more,” Victor Borelli wrote, according to the document. “If you are okay, order a little more.”

The filing said that, from 2003 through 2011, the maker of generic drugs shipped 53 million orders of opioid painkillers and flagged 37,817 as “peculiar” — but withheld just 33 of those.

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US to send asylum seekers back to dangerous part of Mexico

HOUSTON (AP) — The U.S. government on Friday expanded its requirement that asylum seekers wait outside the country to a part of the Texas Rio Grande Valley across from one of Mexico’s most dangerous cities.

The Department of Homeland Security said that it would implement its Migrant Protection Protocols in Brownsville, Texas, across the border from Matamoros, Mexico. DHS says it anticipates the first asylum seekers will be sent back to Mexico starting Friday.

Under the so-called “Remain in Mexico” policy, asylum seekers are briefly processed and given a date to return for an immigration court hearing before being sent back across the southern border. Since January, the policy has been implemented at several border cities including San Diego and El Paso, Texas. At least 18,000 migrants have been sent back to Mexico under the policy, according to Mexico’s National Migration Institute.

The U.S. is trying to curtail the large flow of Central American migrants passing through Mexico to seek asylum under American law. The busiest corridor for unauthorized border crossings is the Rio Grande Valley, at Texas’ southernmost point. Other cities in the region were not immediately included in the expansion.

The policy announcement came as groups of lawmakers visited the region Friday to examine detention facilities operated by the U.S. Border Patrol, including the processing centre in McAllen, Texas, where hundreds of adults and children are detained in fenced-in pens.

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Plan to slow Western wildfires would clear strips of land

SALT LAKE CITY (AP) — The Trump administration is proposing an ambitious plan to slow Western wildfires by bulldozing, mowing or revegetating large swaths of land along 11,000 miles (17,700 kilometres) of terrain in the West.

The plan that was announced this summer and presented at public open houses, including one in Salt Lake City this week, would create strips of land known “fuel breaks” on about 1,000 square miles of land (2,700 square kilometres) managed by the U.S. Bureau of Land Management in an area known as the Great Basin in parts of Idaho, Oregon, Washington, California, Nevada and Utah.

The estimated cost would be about $55 million to $192 million, a wide range that illustrates the variance in costs for the different types of fuel breaks. Some would completely clear lands, others would mow down vegetation and a third method would replant the area with more fire-resistance vegetation.

It would cost another $18 million to $107 million each year to maintain the strips and ensure vegetation doesn’t regrow on the strips of land.

Wildfire experts say the program could help slow fires, but it won’t help in the most extreme fires that can jump these strips of land. The breaks could also fragment wildlife habitat.

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Appeals court upholds Trump move to drop mine pollution rule

BILLINGS, Mont. (AP) — A U.S. appeals court panel sided with the Trump administration Friday in a mining pollution dispute, ruling that state and federal programs already in place ensure that companies take financial responsibility for future cleanups.

The ruling came after the administration was sued by environmental groups for dropping an Obama-era proposal that would have forced companies to put up money to show they have resources to clean up pollution.

The mining industry has a legacy of bankrupt companies abandoning polluted sites and leaving taxpayers to cover cleanup costs.

But the three-judge panel with the U.S. Court of Appeals for the District of Columbia Circuitsaid it was “unpersuaded” by the environmentalists’ arguments that the Trump administration relied on a faulty economic analysis in making its decision.

“Existing federal and state programs impose significant financial responsibility requirements on the hardrock mining industry,” Judge Karen LeCraft Henderson wrote. “States have changed their financial responsibility requirements to account for the risk of bankruptcy” by companies.

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Besieged Puerto Rico governor goes quiet amid protests

SAN JUAN, Puerto Rico (AP) — In the Spanish colonial fortress that serves as his official residence, Puerto Rico Gov. Ricardo Rosselló is under siege.

Motorcyclists, celebrities, horse enthusiasts and hundreds of thousands of ordinary Puerto Ricans have swarmed outside La Fortaleza (The Fort) in Old San Juan this week, demanding Rosselló resign over a series of leaked online chats insulting women, political opponents and even victims of Hurricane Maria.

Rosselló, the telegenic 40-year-old son of a former governor, has dropped his normally intense rhythm of public appearances and gone into relatively long periods of near-media silence, intensifying questions about his future.

For much of his 2 1/2 years in office, Rosselló has given three or four lengthy news conferences a week, comfortably fielding question after question in Spanish and English from the local and international press. And that’s on top of public appearances, one-on-one interviews and televised meetings with visiting politicians and members of his administration.

But since July 11, when Rosselló cut short a family vacation in France and returned home to face the first signs of what has become an island-wide movement to oust him, the governor has made four appearances, all but one in highly controlled situations.

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Pocket-sized shark squirts glowing clouds from pockets

NEW ORLEANS (AP) — A pocket-sized pocket shark found in the Gulf of Mexico has turned out to be a new species.

And the mysterious pouches that it’s named for, up near its front fins? Scientists say they squirt little glowing clouds into the ocean.

Researchers from around the Gulf and in New York have named the species the American pocket shark, or Mollisquama (mah-lihs-KWAH-muh) mississippiensis (MISS-ih-sip-ee-EHN-sis).

It’s only the third out of more than 500 known shark species that may squirt luminous liquid, said R. Dean Grubbs, a Florida State University scientist who was not involved in the research. He said the other two are the previously known pocket shark and the taillight shark , which has a similar gland near its tail.

“You have this tiny little bulbous luminescent shark cruising around in the world’s oceans and we know nothing about them,” said Grubbs, the immediate past president of the American Elasmobranch Society — scientists who study sharks, skates and rays. “It shows us how little we actually know.”

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Apollo 11 astronauts reunite on 50th anniversary of moonshot

CAPE CANAVERAL, Fla. (AP) — Apollo 11 astronauts Buzz Aldrin and Michael Collins reunited Friday on the eve of the 50th anniversary of humanity’s first moon landing.

They gathered in the Oval Office with President Donald Trump, who got a rundown on his administration’s plans to get astronauts back on the moon by 2024 and then on to Mars in the 2030s.

“We’re bringing the glamour back” to the space program, Trump said.

Both sons of the late Neil Armstrong, the first man to step onto the moon on July 20, 1969, also attended, as well as first lady Melania Trump, Vice-President Mike Pence and NASA Administrator Jim Bridenstine.

The moon versus Mars debate as astronauts’ next destination arose again Friday.

The Associated Press

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Dennis Oland will take time to ‘mentally regroup’ after acquittal: lawyer

SAINT JOHN, N.B. — Dennis Oland’s acquittal in the 2011 murder of his father has left many questions about what comes next for the member of one of Atlantic Canada’s most prominent families following a very public eight-year legal ordeal.

The 51-year-old former financial adviser hugged his defence team following Friday’s decision by Justice Terrence Morrison, but accompanied by members of his family, he quickly departed the courthouse without talking to reporters.

It was left to his Toronto-based defence lawyer, Alan Gold, to speak to Oland’s state of mind after what he called “a very punishing eight years” for his client and his family.

Gold said Oland’s immediate plans are simply to “mentally regroup” and spend quality time with his family.

“Right now he is entitled to as much private time with his family, where he can just lie there and convince himself that it’s finally over. That is going to be his big psychic task — he’s going to wake up and not believe it’s finally over, because it’s gone on for so long.”

Oland was washing his car when he was arrested and charged with second-degree murder in 2013, two years after his father, prominent businessman Richard Oland was bludgeoned to death in his uptown Saint John office.

Gold recounted the roller-coaster legal journey that ensued, including Oland’s conviction by a jury at the end of his first trial in 2015, his incarceration and release following several appeals, and then ultimately a second trial that resulted in his acquittal by judge alone.

Members of Oland’s family have been unwavering in their support since his arrest, including his mother Connie, his wife Lisa, his four children, and his uncle Derrick Oland, the executive chairman of Moosehead Breweries Ltd. — Canada’s oldest independent brewery and the longtime family business.

“We wish to restate our steadfast support for Dennis and our faith that the judicial process will prove his innocence,” the family said in a statement issued last November.

Richard Oland was a former vice-president with Moosehead Breweries until he lost out in a succession dispute and left to run his own enterprises.

The court heard he had amassed a fortune worth an estimated $36-million, and despite a relationship that was strained at times, he extended generous loans to his son, who was deeply in debt by the time of the murder.

The retrial was told Dennis Oland, who worked at CIBC Wood Gundy, had reached the limit on most of his personal accounts despite having his credit limits raised by thousands of dollars. He was struggling to meet commitments that included $4,300 per month for child and spousal support and more than $1,650 owed to his father each month for a $500,000 loan made two years earlier.

On the day his father’s body was found, Oland owed $163,939.68 on a line of credit.

The indebtedness was a big part of the prosecution’s theory in the case and was fodder for much speculation in Saint John, a port city of about 70,000.

Now Oland is left to pick up the pieces after one of the most sensational criminal cases to grip the Maritimes in decades.

Gold said Oland will find it hard to believe his ordeal is truly over. “Just leave him in peace and let him come to the wonderful realization it is finally over,” he told reporters.

Gold wouldn’t say whether Oland plans any civil litigation.

“I only do criminal defence work. I have no idea about civil suits,” he said.

The Canadian Press

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Dennis Oland will take time to ‘mentally regroup’ after acquittal: lawyer

SAINT JOHN, N.B. — Dennis Oland’s acquittal in the 2011 murder of his father has left many questions about what comes next for the member of one of Atlantic Canada’s most prominent families following a very public eight-year legal ordeal.

The 51-year-old former financial adviser hugged his defence team following Friday’s decision by Justice Terrence Morrison, but accompanied by members of his family, he quickly departed the courthouse without talking to reporters.

It was left to his Toronto-based defence lawyer, Alan Gold, to speak to Oland’s state of mind after what he called “a very punishing eight years” for his client and his family.

Gold said Oland’s immediate plans are simply to “mentally regroup” and spend quality time with his family.

“Right now he is entitled to as much private time with his family, where he can just lie there and convince himself that it’s finally over. That is going to be his big psychic task — he’s going to wake up and not believe it’s finally over, because it’s gone on for so long.”

Oland was washing his car when he was arrested and charged with second-degree murder in 2013, two years after his father, prominent businessman Richard Oland was bludgeoned to death in his uptown Saint John office.

Gold recounted the roller-coaster legal journey that ensued, including Oland’s conviction by a jury at the end of his first trial in 2015, his incarceration and release following several appeals, and then ultimately a second trial that resulted in his acquittal by judge alone.

Members of Oland’s family have been unwavering in their support since his arrest, including his mother Connie, his wife Lisa, his four children, and his uncle Derrick Oland, the executive chairman of Moosehead Breweries Ltd. — Canada’s oldest independent brewery and the longtime family business.

“We wish to restate our steadfast support for Dennis and our faith that the judicial process will prove his innocence,” the family said in a statement issued last November.

Richard Oland was a former vice-president with Moosehead Breweries until he lost out in a succession dispute and left to run his own enterprises.

The court heard he had amassed a fortune worth an estimated $36-million, and despite a relationship that was strained at times, he extended generous loans to his son, who was deeply in debt by the time of the murder.

The retrial was told Dennis Oland, who worked at CIBC Wood Gundy, had reached the limit on most of his personal accounts despite having his credit limits raised by thousands of dollars. He was struggling to meet commitments that included $4,300 per month for child and spousal support and more than $1,650 owed to his father each month for a $500,000 loan made two years earlier.

On the day his father’s body was found, Oland owed $163,939.68 on a line of credit.

The indebtedness was a big part of the prosecution’s theory in the case and was fodder for much speculation in Saint John, a port city of about 70,000.

Now Oland is left to pick up the pieces after one of the most sensational criminal cases to grip the Maritimes in decades.

Gold said Oland will find it hard to believe his ordeal is truly over. “Just leave him in peace and let him come to the wonderful realization it is finally over,” he told reporters.

Gold wouldn’t say whether Oland plans any civil litigation.

“I only do criminal defence work. I have no idea about civil suits,” he said.

The Canadian Press

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Judge finds Dennis Oland not guilty of murder in father’s death

SAINT JOHN, N.B.—Dennis Oland has been found not guilty of second-degree murder in the 2011 bludgeoning death of his multi-millionaire father, Richard.

Justice Terrence Morrison of the New Brunswick Court of Queen’s Bench delivered his decision Friday to a packed courtroom in Saint John, N.B.

Morrison said there were too many missing pieces of the puzzle to prove guilt beyond a reasonable doubt. “More than suspicion is needed to convict a person of murder,” he said.

Dennis Oland, 51, a former financial adviser who was charged with second degree murder in 2013, hugged his defence team after the verdict was read.

READ: How Dennis Oland got a retrial for second-degree murder

His reaction was in stark contrast to his response after his first trial in 2015 when a jury found him guilty of second degree murder. At that time, he collapsed in the courtroom and sobbed uncontrollably into the robes of one of his defence lawyers.

That jury verdict was overturned on appeal and a second trial was held, this time before judge alone.

Members of the Oland family who have stood by Dennis throughout the almost decade-long ordeal cried tears of joy in the courtroom. The New Brunswick branch of the Maritime beer-brewing clan is one of the wealthiest families in the province.

The family-owned business, Moosehead Breweries, is based in Saint John, and Richard Oland was a former vice-president until he lost out in a succession dispute and left to run his own enterprises.

It was in one of those companies, the investment firm Far End Corp., that the 69-year-old was bludgeoned to death sometime during the night of July 6, 2011. His body was found by his assistant the next morning. He had been beaten to death with a weapon that was never found.

From the start, Dennis Oland insisted he had nothing to do with his father’s death. But he was the one and only suspect for the Saint John Police Department from the day the body was found.

He is the last known person to have seen his father alive. The trial heard he went up and down to his father’s office three times in the space of about an hour on July 6, 2011, between 5:30 and 6:30 p.m. He said his father was fine when he left him after a pleasant chat about the genealogy of the Oland family.

The police and prosecution theory was that during his third and final visit to the office, Oland used something like a drywall hammer with both a sharp edge and a blunt end to beat his father to death, striking 45 blows, mostly to the head.

“Absolutely ridiculous,” Oland said when prosecutors accused him on the stand in March. “I’m not that kind of monster.”

The prosecution theory of the crime was that Oland attacked his father in a rage following an argument over money. Dennis Oland was deeply in debt; Richard Oland had amassed a fortune worth an estimated $36 million and was living the high life, racing yachts and travelling with his mistress.

The defence team, led by Toronto lawyer Alan Gold, downplayed the importance of money. Oland himself told the court that while things were a bit tight—he was overspending by roughly $14,000 per month and his credit cards and lines of credit were maxxed out—he could always borrow more money when he needed it.

Both Oland trials spanned several months. The second trial also was supposed to be a jury trial, but the discovery that a Saint John police officer who was helping the prosecution with jury selection used a database that was not permitted led to a mistrial, the dismissal of selected jurors and the decision to proceed before judge alone.

The conduct of the Saint John Police Department was central to the defence strategy in both trials. Without a jury in the second trial, defence lawyers had tough questions for police officers who took the stand and often admitted to not being as careful as they should have been in protecting the crime scene.

Defence lawyer Mike Lacy said so many officers, both senior and junior, visited the bloody scene, it was like “a tourist attraction.”

Gold also raised the issue of “confirmation bias” or tunnel vision in the police investigation. He argued that Saint John police decided early that Oland was the killer and they discounted any evidence that may have pointed in another direction.

Oland did not comment as he left the courthouse Friday. Supporters applauded as he was led to a waiting car.

—With files from Kevin Bissett

MORE ABOUT DENNIS OLAND:

 

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Dennis Oland Found Not Guilty Of Murder In His Father’s 2011 Death

Dennis Oland attends a news briefing by his legal team in Saint John, N.B., on Nov. 20, 2018

SAINT JOHN, N.B. — Dennis Oland has been found not guilty of second-degree murder in the 2011 bludgeoning death of his multimillionaire father, Richard Oland.

Justice Terrence Morrison of the New Brunswick Court of Queen’s Bench delivered his decision Friday to a packed courtroom in Saint John, N.B.

Morrison said there were too many missing pieces of the puzzle to prove guilt beyond a reasonable doubt. “More than suspicion is needed to convict a person of murder,” he said.

Dennis Oland, 51, a former financial adviser who was charged with second degree murder in 2013, hugged his defence team after the verdict was read.

His reaction was in stark contrast to his response after his first trial in 2015 when a jury found him guilty of second-degree murder. At that time, he collapsed in the courtroom and sobbed uncontrollably into the robes of one of his defence lawyers.

That jury verdict was overturned on appeal and a second trial was held, this time before judge alone.

Members of the Oland family who have stood by Dennis throughout the almost decade-long ordeal cried tears of joy in the courtroom. The New Brunswick branch of the Maritime beer-brewing clan is one of the wealthiest families in the province.

The family-owned business, Moosehead Breweries, is based in Saint John, and Richard Oland was a former vice-president until he lost out in a succession dispute and left to run his own enterprises.

It was in one of those companies, the investment firm Far End Corp., that the 69-year-old man was bludgeoned to death sometime during the night of July 6, 2011. His body was found by his assistant the next morning. He had been beaten to death with a weapon that was never found.

From the start, Dennis Oland insisted he had nothing to do with his father’s death. But he was the one and only suspect for the Saint John Police Department from the day the body was found.

He is the last known person to have seen his father alive. The trial heard he went up and down to his father’s office three times in the space of about an hour on July 6, 2011, between 5:30 and 6:30 p.m. He said his father was fine when he left him after a pleasant chat about the genealogy of the Oland family.

Watch: Dennis Oland was questioned by police after his father’s death in 2011. Story continues below.

 

The police and prosecution theory was that during his third and final visit to the office, Oland used something like a drywall hammer with both a sharp edge and a blunt end to beat his father to death, striking 45 blows, mostly to the head.

“Absolutely ridiculous,” Oland said when prosecutors accused him on the stand in March. “I’m not that kind of monster.”

The prosecution theory of the crime was that Oland attacked his father in a rage following an argument over money. Dennis Oland was deeply in debt; Richard Oland had amassed a fortune worth an estimated $36 million and was living the high life, racing yachts and travelling with his mistress.

The defence team, led by Toronto lawyer Alan Gold, downplayed the importance of money. Oland himself told the court that while things were a bit tight — he was overspending by roughly $14,000 per month and his credit cards and lines of credit were maxxed out — but he could always borrow more money when he needed it.

Defence team focused on police work

Both Oland trials spanned several months. The second trial also was supposed to be a jury trial, but the discovery that a Saint John police officer who was helping the prosecution with jury selection used a database that was not permitted led to a mistrial, the dismissal of selected jurors and the decision to proceed before judge alone.

The conduct of the Saint John Police Department was central to the defence strategy in both trials. Without a jury in the second trial, defence lawyers had tough questions for police officers who took the stand and often admitted to not being as careful as they should have been in protecting the crime scene.

Defence lawyer Mike Lacy said so many officers, both senior and junior, visited the bloody scene, it was like “a tourist attraction.”

Gold also raised the issue of “confirmation bias” or tunnel vision in the police investigation. He argued that Saint John police decided early that Oland was the killer and they discounted any evidence that may have pointed in another direction.

Oland did not comment as he left the courthouse Friday. Supporters applauded as he was led to a waiting car.

With files from Kevin Bissett

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