Bosma Murder Trial 05.09.16 - Day 46

[deugirtni]

just curious what legal argument they could have made against the letters? They did agree that the letters are authentic (or was that only after legal arguments were exhausted?). As a layperson I find it frustrating when defence lawyers are able to have evidence excluded, though I can accept that it is part of a system that guarantees our rights.

My guess is that when the letters were presented, and DM's defence had no more opportunity to have them ruled inadmissible, they gave up their thus-far weak defence of 'he was a rich guy', 'he was generous to everyone', 'he had nothing to hide', 'he's from a good family'.. and started concentrating on how they will get their appeal. Interesting how each one of those weak defences has been shown to be false. Yes, he *had* money, but yet he was seemingly in financial trouble, and yes, he may have come across as generous, but yet closer examination revealed that it was more promises of generosity than actual generosity, and how he was not hiding things sometimes, but then shown to jump through hoops to hide things when he knew police were on to him, and yes, the Millard name *was* a good name, at least until he killed off his dad. Not much to work with there, and now RP is seen as being a less-than lawyer. The best he could do was get all that he could, ruled inadmissible, and that he seemed to do very well... can't wait to hear all the things that were withheld.

 

[andreww]

I agree. I think MS best defence is that DM is disliked so intensely that, by comparison, he will looks good. IMO. CNs terrible testimony and DMs letters couldn't have set the stage better for this defence. Not so good that the jury will be willing to forget his participation but if TD emphasizes him as a loyal friend to a fault, valuing family (his sisters wedding) to a fault and wanting to do right when the time was right, the jury might just give MS some slack. I mean, I was *almost* buying into that story on the MM cross. JMO.

I wish MS luck because I do think he is young enough to straighten himself out. MHO.

While I agree with you up to a point, I disagree that Smich can, or should be given the opportunity to straighten himself out. This guy was not a child when this happened. He was at a time in his life where his peers were all finishing their post high school educations, but he had dropped any ambition of that kind of life long ago. He was happy not to work, to do drugs daily, and to get by benefitting from the proceeds of crime. He seems ready to sponge off the health care system when he talks about getting a prescription for weed. Let's not forget his obsession to get "the gun he wanted", or that he seems to have planned TBs abduction and death.

Tell me one positive thing this guy has done that would lead you to believe he deserves a shot at rehabilitation?

 

[Arnie M]

I just wanted to say that when this case first happened and it was all over the news about this 'rich guy' stealing a truck and etc., and then MS was later arrested.. I immediately thought that MS, with his prior petty criminal charges, scary appearance (at the time, in newspaper articles), etc., was the instigator, and that DM had gotten himself involved with 'the wrong crowd'. Funny how things change when actual evidence comes to light. <modsnip>

Looking back to the 2012 Hangar construction it appears Al Sharif had DM figured out . His comments were pretty balzy at the time but it turns out he was right

.................................................

(Ann Brocklehurst article) ..... In his role as a business development consultant to Millardair&#8217;s new Waterloo airport venture, Al Sharif was happy to have only limited contact with Dellen Millard, the boss&#8217;s son and the guy in charge of hangar construction. As far as Mr. Sharif and other executives at the company were concerned, Dellen and his red mohawk spelled trouble.

&#8220;I thought he was just a spoilt little brat who had his way all his life and didn&#8217;t appreciate what his father was doing for him,&#8221; said Mr. Sharif. &#8220;He was an impediment to the hangar operation&#8221; who didn&#8217;t meet his deadlines, almost never arrived at work before noon, and refused to clear his collection of cars, jeeps, hot rods, jet skis and personal airplanes from the business premises.

http://news.nationalpost.com/news/m...-bosma-murder-suspect-started-to-dismantle-it

................................................

During that time (2012) DM was more interested in stealing trees and Bobcats while his dad built him a $6m hangar.

 

[ILoveDateline]

While I agree with you up to a point, I disagree that Smich can, or should be given the opportunity to straighten himself out. This guy was not a child when this happened. He was at a time in his life where his peers were all finishing their post high school educations, but he had dropped any ambition of that kind of life long ago. He was happy not to work, to do drugs daily, and to get by benefitting from the proceeds of crime. He seems ready to sponge off the health care system when he talks about getting a prescription for weed. Let's not forget his obsession to get "the gun he wanted", or that he seems to have planned TBs abduction and death.

Tell me one positive thing this guy has done that would lead you to believe he deserves a shot at rehabilitation?

Agreed. MS, up to this point, has been a bad apple. I also believe young people aren't getting serious about life until their late 20s/early 30s. Up to this point he has been messing around but I think, he eventually would have moved to Calgary and tried to straighten out....though, many people have lofty plans that never go anywhere and it's hard to break some habits. I just laughed at myself thinking that wanting your girlfriend to strip to support your habit, is probably one of those hard to break habits.

In any case, I'm not saying release MS but I think 10 years + would be enough to make him want a real life and not curtail into a downward spiral. JMO.

I'm generally tough on crime and realise I sound kind of progressive here.

Add: I realise that I didn't answer your question. He hasn't done anything positive to make me feel he can turn things around. I just I'm a little caught up in the hype right now of the buzz that MS might take the stand and blow the lid off this thing. I have hope that even MS can see the turning point and choose the right path. But there is a chance he doesnt.

 

[andreww]

Agreed. MS, up to this point, has been a bad apple. I also believe young people aren't getting serious about life until their late 20s/early 30s. Up to this point he has been messing around but I think, he eventually would have moved to Calgary and tried to straighten out....though, many people have lofty plans that never go anywhere and it's hard to break some habits. I just laughed at myself thinking that wanting your girlfriend to strip to support your habit, is probably one of those hard to break habits.

In any case, I'm not saying release MS but I think 10 years + would be enough to make him want a real life and not curtail into a downward spiral. JMO.

I'm generally tough on crime and realize I sound kind of progressive here.

We'll have to agree to disagree. I believe Smich is one of those people that is wired to always follow the path of least resistance, and that he will ALWAYS do anything else but put in a hard days work. Selling his girlfriends body is a perfect example of that. Don't let the new haircut and sweater fool you, let this guy out today and by tomorrow night he'd be acting like a gangsta again.

 

[Bellbaby]

MOO...
If DM had taken the stand, almost any question the Crown asked would incriminate him. But at this point it's a chess game. Because DM isn't taking the stand, that opens it up for MS to take the stand, plead that he wasn't the one that shot TB and secure his defense.

 

[andreww]

Except he was Id by SS that it was him in the video at the hanger

To be fair, SS said it appeared to be Smich. I think that given the one person was easily identified as Millard because of his gait, the second man could easily have been mistakenly identified as Smich. As I recall though, SS wasn't pressed on the issue in cross, so I doubt that Smich's team will try to deny his presence that night.

 

[ILoveDateline]

Can the Crown just not accept a statement? If a statement is given, is it not just given? Can it be revoked if they don't get the deal they want?
I was running this thought over and over if a statement was given, whether accepted or not, would it have had to have been included in disclosure..?? If so, DM's team would know he spilled the beans. Would they then sit back and not call evidence themselves knowing that MS probably would? Because of this, I am thinking MS has not given any statement to LE. Of course my thinking could be way off and I would love to hear others thoughts on this.

Good point. I hadn't thought of that. If MS gave a statement, I imagine it made its way into disclosure. JMO.

I only loosely followed the Michael Rafferty trial but was his interrogation used against him in the trial, even though he never took the stand? Or am I remembering the video and detective testimony from an feature article about the interrogator that I read?

If MS gave a statement, couldn't that be used in court? Any one know? If I was DM, I'd for sure get ahead of that but maybe there was no statement because there is a huge benefit to the element of surprise here.

 

[Coldpizza]

Good morning. :smile:

Please continue discussion here:

http://www.websleuths.com/forums/sh...k-Discussion-05-10-16&p=12541322#post12541322

This thread will close in 10 minutes.

 

[Mscree]

To be fair, SS said it appeared to be Smich. I think that given the one person was easily identified as Millard because of his gait, the second man could easily have been mistakenly identified as Smich. As I recall though, SS wasn't pressed on the issue in cross, so I doubt that Smich's team will try to deny his presence that night.

I think it's a little bit late in the game to deny it. No matter the wording he saw them both regularly.

 

[Jug Up]

I honestly believe MS and DM had a "brother" pact of sorts not to say a word, especially with the LB murder trial also on the horizon.

That said, when MS saw the letters in court, and it was evident DM had every intention of turning stool pigeon and setting him up to take the fall, MS decided their little pact was off. When DM and his counsel took a pass on taking the stand, MS pounced and is going to tell all -whether it is the whole truth or not.

DM and his smug attitude, with the smiles and waves in open court, are about to get a reality check. I believe his brother, his partner is crime, is going to sing like a canary.

I think they are both going down for first degree murder, but I think MS is going to do everything he can to save his own *advertiser censored* now. DM was set to betray his "brother", and I am guessing MS is going to have a lot to say Wednesday. MOO

 

[Deleted member 102539]

Just have a thought of something unexplained:

On Wednesday after the test drive there were several men working at Maple Gate (on cars or on landscaping - both was said).
Does anybody know whether the phone pings are stating who was there at the time?
Is it totally irrelevant?? It has been an exceptional day for working at Maple Gate, I think.

 

[Coldpizza]

Closing up now.