Winnipeg Free Press

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Police said Moslenko and Tran had dated for about four years but split up shortly before she was slain. The Crown suggested this was behaviour that should raise red flags because Moslenko stood to gain more than $ 100,000 from two separate insurance policies. Chartier disagreed, saying there was no evidence of Moslenko being in financial distress or having a monetary motive. There was evidence Tran was estranged from her mother, which could explain why Moslenko wanted to see if she was included in the policy. It was unclear if Moslenko was aware of the existence of the second policy, Inness said. " There's no evidence that there were problems in the relationship, that he had any motive to kill her," Inness argued. " There's no evidence that he made comments to anybody about what he was going to do or why he was going to do it, or any animus he had towards his girlfriend whatsoever," she said. " Should he have been mourning rather than dealing with estate issues? I repeat: post- offence conduct by way of demeanour should also be considered of no weight," Chartier ruled. Winnipeg police sent an email to Tran's insurance company on June 24, 2014 - just days after the murder charge against Moslenko was stayed - telling them the case wasn't considered closed. " I will keep you updated on the direction the police and Crown's office take against Moslenko but as far as we are concerned the investigation against Moslenko is not over yet," Det.- Sgt. Rob Stephanson wrote in the document, which the Free Press obtained through the civil court file. Stephanson advised the insurance company at the time about the process for reinstating a charge within one year and said there were meetings planned between police and the Crown " to discuss the strategy of furthering the case against Moslenko and hopefully bring charges against him once again within the year." GUILT BY ASSOCIATION? There was evidence Moslenko and Willis knew each other and were friends on Facebook. But Chartier refused to go any further on that point, as the Crown suggested. The Crown and defence agreed there were records of calls between phones registered to Moslenko and Willis. They show calls between the numbers a few weeks before Tran's death and one call to Willis's number from a phone linked to one of Moslenko's relatives less than a day after Tran was stabbed. " It cannot be confirmed ( whether) the calls were answered or unanswered, voice mail was accessed and messages left or the calls simply left to ring. The service provider could not confirm one way or the other," an agreed statement of facts stated. Nonetheless, the Crown suggested the calls were part of a murder conspiracy. Chartier called that a dangerous conclusion. " What can I draw from this other than two individuals - acquaintances, friends - called each other? There's no evidence that an actual communication ( about the killing) occurred during any of these calls or attempts at calling," Chartier wrote. . . . As the clock was ticking against reinstating the murder charge against Moslenko, Willis went on trial in the spring. Moslenko's name came up several times during the hearing. In a videotaped statement shown to jurors, police repeatedly tried to get Willis to implicate Moslenko. But he refused to budge, insisting he and his family would be in danger if he started " dropping names." Police suggested Moslenko arranged the hit. Willis denied that. He also said he was never told why Tran had to be killed. " I just knew she had to be dealt with, and that was it," Willis told police. " I deal with some bad people. I had to do what I felt necessary at the time." At the start of his trial, Willis fought to be able to present jurors with the defence of " duress" - essentially arguing he should be acquitted based on the fact he was put in a position of kill or be killed. His trial judge refused. " The proposition that an accused perpetrator had no ' realistic choice' or option but to kill an innocent victim is both categorical and extraordinary in its breadth," Chief Justice Glenn Joyal wrote. The decision, which lawyers for Willis say violates his charter rights to life, liberty and security of the person, will form a major part of his upcoming appeal. Willis never named the mastermind he feared. However, Sam- Kelly did testify at Willis's trial that Moslenko knew about the murder plot against Tran. He told jurors Tran was going to be targeted because she was a " snitch" against Moslenko. He never said what she snitched on him about. Sam- Kelly said Willis was offered a way out of a massive drug debt if he carried out the killing - although Sam- Kelly didn't say who made the offer to Willis. "( Willis) said he didn't have any options. He decided to do a favour for somebody else. He said ' I gotta rub somebody out in order to get paid,' " Sam- Kelly said. "( Willis) said if we get rid of her, he can give me the money: the boyfriend," he added. Sam- Kelly said the plan involved stealing items such as Tran's bank cards and even her car, which Moslenko would use to give money to Willis against his debts. Following the killing, Willis didn't receive the payout he expected because Tran's car was impounded by police and her boyfriend had no access to it, Sam- Kelly testified. " The boyfriend's stuff was frozen," he told jurors. As well, Willis didn't steal any of her property because " there were too many people around" who heard Tran's screams and rushed outside. None of the evidence given by Sam- Kelly at Willis's trial could be used to implicate Moslenko. He gave much the same testimony at Moslenko's preliminary hearing, where Chartier ruled the comments were inadmissible. What did emerge at the hearing, however, was that it was unclear when Willis had made claims to Sam- Kelly that " the boyfriend" was involved. Moslenko's full name was never used in his testimony, and Sam- Kelly testified that Willis's comments implicating " the boyfriend" may not have been uttered until after Tran's killing, when Willis bought newspapers to check out what happened. " You never knew the boyfriend's name, ever, did you?" Inness asked him on March 27, 2014. " No," Sam- Kelly replied. . . . In a puzzling move, the Crown consented to Moslenko's release on bail a few weeks after his arrest. It's extremely unusual for justice officials not to fight the release of an accused in a first- degree murder case. No explanation was given to the court, but it was likely a sign of just how shaky the case was against him from the start. www. mikeoncrime. com From the start, something wasn't right about the case against him TWITTER PHOTO Drake David Moslenko A_ 07_ Jul- 18- 15_ FP_ 01. indd A7 7/ 17/ 15 8: 12: 18 PM ;