Judge excludes 'gruesome' photo of Dellen Millard with a bloody eye from trial
A judge at the first-degree murder trial of an aviation executive allegedly killed by his son has deemed a ``gruesome'' image of the accused inadmissible.
The prosecution wanted to put into evidence a photograph of Dellen Millard that shows the 32-year-old with a bloody eye. The image, which court heard did not appear to involve real blood, was purportedly uploaded by Millard to a gaming website just two weeks before Wayne Millard died on Nov. 29, 2012.
Wayne Millard's death was initially ruled a suicide and the trial has heard his cause of death was a bullet through his left eye.
The Crown has argued that the photograph of Dellen Millard, used as his profile picture on the gaming site, was not just a coincidence.
They say a forensic audit of his computers show the image was taken in 2005, but used between Nov. 10, 2012, until May 6, 2013, the same day Millard killed Hamilton man Tim Bosma.
But Millard's lawyer says the image is too prejudicial and not relevant at the judge-alone trial where his client has pleaded not guilty to first-degree murder.
Justice Maureen Forestell called the image ``gruesome'' and said it will be excluded from evidence. Her reasons for doing so are expected to be detailed in a later written decision.
A retired provincial police forensic officer is expected to testify later today about an analysis of Millard's computers found at his home after he was arrested for Bosma's death.
Millard and his friend, Mark Smich, are currently serving life sentences for the first-degree murders of Bosma and Toronto woman Laura Babcock.