Bosma Murder Trial 05.20.16 - Day 53

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Sillybilly

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This is the Bosma murder trial daily discussion thread. The trial daily discussion thread is for discussion of trial evidence/testimony only, not for general discussion, posts about past threads, other members, etc. Off-topic posts will be removed.

Note: Only testimony that is published through MSM reporting (articles and tweets) is allowed. Keep discussion focused on testimony as it becomes public knowledge and remember to link up to MSM reporting of same.

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:tyou:
 
**If you would like to post tweets while court is in session, please read this thread first:
[h=1]Bosma Murder Trial Twitter Roll Call[/h]
Reporters to follow on Twitter:

Jacques Gallant, Toronto Star
Adam Carter, CBC Hamilton
Mark Carcasole, Global Toronto
Molly Hayes, The Hamilton Spectator
Peter Ackman, CTV National News
Nicole Martin, CHCH TV
Susan Clairmont, The Hamilton Spectator
Shannon Martin, CBC Toronto News
Colin Butler CBC Toronto News
Lisa Hepfner CHCH News Reporter

General MSM Tweets

Also, check here for real time updates.

http://www.cbc.ca/hamilton/news/
 
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link:rose:
 
Tim Bosma trial: 5th day of cross-examination for Mark Smich

CBC News Posted: May 20 2016

B821597420Z.1_20140502163413_000_G7017N2U9.6_Content.jpg



Mark Smich returns to the witness box for a fifth day of cross-examination in a Hamilton courtroom today, as the trial of the two men accused of killing Tim Bosma continues.

On Thursday, the lawyer for accused murderer Dellen Millard told the jury what he believes happened the night the Bosma died after taking two men on a test drive of a pickup. He said that Smich pulled the trigger, that Smich was the killer.

LIVE BLOG

LIVE BLOG MOBILE
 
Court in session. The jury is being recalled.
by Adam Carter 10:02 AM

Sachak says there are a couple of areas he forgot to question Smich about and he wants to cover them off.
by Adam Carter 10:04 AM
 
Lisa Hepfner ‏@HefCHCHNews 5m5 minutes ago
#Bosma judge on his way in. Smich set for day 5 of cross by Millard lawyer Nadir Sachak. Story 6pm @CHCHNews & tweeting here what jury hears

Susan Clairmont ‏@susanclairmont 15s16 seconds ago
Jury in. Mark Smich is back on the stand. Should be Nadir Sachak's last day of cross exam. Day 5. #Bosma
 
Hmmmm. Maybe even "3 or 4 minutes."

In a roundabout way, I said this exact thing yesterday about the timestamps. There is a reason that you can manually change the time on almost any camera.

If the Super Sucker video is three hours out, is it not conceivable that it could be three hours and five minutes out? Or, even if it wasn't three hours out, is it not VERY possible it could be five minutes out from my watch or yours?

I am not suggesting the truck in the 9:05 and 9:15 videos is TB's, but I don't think you can definitively say yes or no either way because of the time stamp on the SS video.

There is a very real possibility that the "official" times aren't official and the possibility does exist that the truck(s) went by at, say, 9:10, 9:20 and 9:25.

In other words, saying the SS video what 100% correct to the minute, and lined up exactly to the cell phone pings and call from the Bate phone at 9:05, is speculative and, some would say, even unlikely.

Does this make sense at all? LOL

I think that's why Sachak said "never mind the times" yesterday. There are credible scenarios that involve the SS video adjustment being anywhere from 3 minutes to 10 minutes off, and any of those would work better than the 3 hours off exactly with the rest of the facts. I think that was his point, but through tweets at least I think it was argued badly. I think he should have started with the fact that it took 19 minutes from Super Sucker to the Bosma driveway if you accepted 3 hours off exactly, and that Smich did not appear (at least via Twitter) to explain that gap sufficiently. One he established that there appeared to be 'something' wrong with the timeline that way, he could then argue the additional sightings of Tim's truck as probable. Instead he seems to have tried to impeach MS by insisting that the truck HAD to be Tim's, which is clearly not either true or his strongest point.
 
Susan ClairmontVerified account ‏@susanclairmont 1m1 minute ago
"A couple of areas I forgot to question you about...," begins Sachak. Showing aerial map of field where Yukon was parked near #Bosma home.

molly hayesVerified account ‏@mollyhayes 1m1 minute ago
Seeing the overheard photo of the intersection where Smich indicated the Yukon was parked that night, at Trinity and Book Rds. #Bosma

molly hayesVerified account ‏@mollyhayes 1m1 minute ago
Smich has said it was parked in a laneway but still close to the yard. Sachak suggests it was parked further back in the field. #Bosma

molly hayesVerified account ‏@mollyhayes 2m2 minutes ago
Smich disagrees. Sachak asks if he's sure. He says he's "certain." #Bosma

Lisa Hepfner ‏@HefCHCHNews 2m2 minutes ago
Sachak says there are a couple areas he forgot to ask Smich about. Intersection of Book & Trinity Rds on court screens

Lisa Hepfner ‏@HefCHCHNews 2m2 minutes ago
That's where Millard's Yukon was parked when they went to the test drive. Sachak says it was parked deeper into the field. Smich says no

Lisa Hepfner ‏@HefCHCHNews 1m1 minute ago
The intersection is a close walk to the Bosma house. Smich insists the Yukon was parked close & facing road.
 
Sachak starts by going to the map showing where Smich says Millard parked his Yukon near the Bosma home. Sachak says Millard parked the Yukon farther into a field than Smich indicated. Smich says no.
by Adam Carter 10:05 AM

Sachak now showing a photo of a lighter that says "Toronto Hemp Company." "Do you recognize that lighter?" Sachak asks. "No sir I do not," Smich says. Sachak says Smich dropped that lighter "in a state of panic" in the field. Smich says no, it's not.
by Adam Carter 10:06 AM

Sachak showing a photo of the field. There's an orange cone showing where the lighter was found.
by Adam Carter 10:08 AM

Sachak says Smich dropped the lighter there. "So sir," Smich says.
by Adam Carter 10:08 AM
 
In my opinion a police officer would be all over the details of the carpet not matching the paint...so to speak.

Since when does carpet and interior need to match the paint? All of my vehicles are very different from the paint.
 
molly hayesVerified account ‏@mollyhayes 2m2 minutes ago
Seeing a photo of a lighter -- says Toronto Hemp Company on it -- that was seized in that field. #Bosma

molly hayesVerified account ‏@mollyhayes 2m2 minutes ago
Sachak asks if he recognizes it. Smich says no. Sachak suggests he dropped it there in his state of panic. "No sir," he says. #Bosma

Susan ClairmontVerified account ‏@susanclairmont 1m1 minute ago
Seeing photo of cigarette lighter found in field. Sachak suggests it is Smich's. Smich says no. #Bosma

Lisa Hepfner ‏@HefCHCHNews 2m2 minutes ago
Sachak says that's the lighter Smich dropped when he panicked in the field. Now looking at orange cone in grassy field.

molly hayesVerified account ‏@mollyhayes 2m2 minutes ago
Seeing another photo now, an orange cone is partially visible in a grassy field. Smich says he sees it. #Bosma

molly hayesVerified account ‏@mollyhayes 2m2 minutes ago
This is where the lighter was found, Sachak says. #Bosma

molly hayesVerified account ‏@mollyhayes 2m2 minutes ago
"I'm going to suggest at some point on May 6 either when you first got out to go to the #Bosma residence, or layer on when you came back...

molly hayesVerified account ‏@mollyhayes 2m2 minutes ago
"...to follow the truck, you dropped it there." Smich disagrees. #Bosma
 
I will now show the most correct timeline (as crown presented in court) with the two extra truck sightings removed because they simply can not Be the Bosma truck ..... maybe a neighbor with a similar truck picking up his mail at Trinity & Book Rd or something ....we dont know for sure

8:46pm .... Yukon going south on Trinity
9:05pm .... confirmed time the Bate & Bosma phones walked in Bosma yard
9:20pm .... Vehicle consistent with Bosma truck going north on Trinity followed shortly by Yukon

Now that leaves 34 minutes which seems like a long time but here is how I would rationalize it ( I wish Smitch would give us these details)

@8:46 Yukon starts down Trinity road .... they know it is the road Bosma house will be on .... likely not driving fast and checking the number posts in front of each house .... they obviously would first drive by Bosma's @8:51.... go a little farther south scouting for places to park the Yukon ..... turned around and headed north and likely glanced over at Bosma house again @8:53 ..... continued north and parked in the hayfield at Book Rd @8:57 ...... then walked down to Bosma house to be in the driveway @9:05 ...... talk with Bosma for couple minutes in driveway and leave @9:09 .... slow swervy drive north on Trinity as Dell pretends to get a text message from invisible coffee friends in Yukon ..... reach Book rd @9:12 .... drop Smitch off , get turned around on Book rd @9:15 ..... turn north on Trinity and drive past Super Sucker @9:20

It's just that simple. Thanks.

We know two things with good certainty.
1. They started walking up the driveway at about 9:05. Cell network time must be reliable
2. The whole thing took 34 minutes (8:46-9:20) between Yukon driving on Tiniity down and then up. We don't know absolute time @ super sucker but we know relative times.

Given that they have to find the house, find where to park, walk, talk, see the truck, transfer, turn. 34 minutes is not all that much. If we take out the 10 minutes drive claimed by Sachak (again, we can use relative times), then they'd have only 24 minutes to do all that. I don't buy it. And if we consider Sachak, DM et al. opus magnum about 403, shooting, stopping at the shoulder, driving around... Then I'm not just not buying it, I'm walking away laughing.
 
Wow. I can't tell if this was genius or stupid.

Possibly just a shot at DM. "Even your dog hated you."

Smich's testifying against his co-accused is nothing but a shot a DM. I agree...right down to even the dog hated you.
 
"Mr. Millard and you just before you walked over to the Bosma house, arked the GMC Yukon further down in the field, further south," Sachak says.
by Adam Carter 10:09 AM

Smich says no. "It was close to the road where I said before."
by Adam Carter 10:09 AM

Sachak says after Bosma was shot, Millard came down Trinity Road South, drove into the field "... you got out of the Bosma truck, and both trucks left the sandy driveway, and then made a left turn on Book Road going west." Smich again says no.
by Adam Carter 10:11 AM
 
molly hayesVerified account ‏@mollyhayes 2m2 minutes ago
Going back to that overhead view again. Sachak says he suggests Mr Millard and he, just before they walked over to the #Bosma house...

molly hayesVerified account ‏@mollyhayes 2m2 minutes ago
...parked further into the field. Smich says again "no sir, it was parked closer to the road like I said before." #Bosma

molly hayesVerified account ‏@mollyhayes 1m1 minute ago
Sachak points to a sandy patch in bottom of screen. Says this is where the truck was parked. Smich says "no sir, not correct at all." #Bosma

Lisa Hepfner ‏@HefCHCHNews 50s50 seconds ago
Since Smich doesn't admit the lighter is his, those photos will not be entered as exhibits. Can't share @CHCHNews

molly hayesVerified account ‏@mollyhayes 1m1 minute ago
Sachak says when Mr #Bosma was shot, Mr Millard came down Trinity Rd, turned east on Book Rd, drove the truck into the field...

Susan ClairmontVerified account ‏@susanclairmont 1m1 minute ago
Sachak pointing to screen to show route Millard drove truck after #Bosma killed. South on Trinity, east onto Book Road and into field.

molly hayesVerified account ‏@mollyhayes 1m1 minute ago
And Smich got out, got into Yukon, and then both drove out and turned left onto Book Rd and back down Trinity. Smich says no. #Bosma

Susan ClairmontVerified account ‏@susanclairmont 1m1 minute ago
Millard parked far into field so nobody could see his license plate, says Sachak. Smich disagrees. #Bosma
 
Sachak now asking about the time at the airport hangar.
by Adam Carter 10:12 AM

Smich previously said there was a time Millard left the hangar to get gas. Smich agrees he was gone for about half an hour. "The reason Dellen left for that half an hour, was there was a really bad argument that took place at the hangar between you and Dell ... that argument was about what had transpired on the highway," Sachak says. "No sir, that did not happen," Smich says.
by Adam Carter 10:13 AM

"Dell said what did you do, why did you mess this up ... and you said something along the lines of 'it's not my fault, he grabbed the gun,'" Sachak says. Smich says no, that didn't happen. Sachak says Millard took off to "cool down."
by Adam Carter 10:14 AM
 
molly hayesVerified account ‏@mollyhayes 1m1 minute ago
Sachak says the other area he'd like to cover briefly is what happened at the airport hangar after they left the farm that night. #Bosma

molly hayesVerified account ‏@mollyhayes 1m1 minute ago
Smich says "ok sir." #Bosma

Lisa Hepfner ‏@HefCHCHNews 2m2 minutes ago
What happened at the hangar after they left the farm is Sachak's next area of inquiry.

Lisa Hepfner ‏@HefCHCHNews 55s55 seconds ago
There was a time Millard left the hangar to get gas, Smich agrees. Half hour trip. Sachak says he left because there was a bad argument

Lisa Hepfner ‏@HefCHCHNews 19s19 seconds ago
An argument about what had transpired on the highway when Bosma was in the truck with Smich and Millard. Dell left bc of that discussion

molly hayesVerified account ‏@mollyhayes 2m2 minutes ago
At one point Dellen left the hangar to go get gas, Smich agrees. #Bosma

molly hayesVerified account ‏@mollyhayes 2m2 minutes ago
Sachak suggests he was gone approximately half an hour. Smich says he'll agree with that. #Bosma

molly hayesVerified account ‏@mollyhayes 2m2 minutes ago
Sachak suggests the reason he left was because a "really bad argument" took place between them about what had transpired on the Hwy. #Bosma

molly hayesVerified account ‏@mollyhayes 2m2 minutes ago
Smich says no sir because that did not happen. Sachak says there was a discussion about what happened and why he was shot. #Bosma

Susan ClairmontVerified account ‏@susanclairmont 1m1 minute ago
Millard left hangar for 30 minutes. Smich says he went to get gas. Sachak says it was because of argument over Smich killing #Bosma.

molly hayesVerified account ‏@mollyhayes 1m1 minute ago
Sachak suggests Dell asked "What did you do, why did you mess this up?" And that Smich said "it's not my fault, he grabbed the gun." #Bosma

molly hayesVerified account ‏@mollyhayes 1m1 minute ago
Smich says no this did not happen. Sachak suggests Millard left at this point to cool down. And took Pedo with him. #Bosma

Lisa Hepfner ‏@HefCHCHNews 2m2 minutes ago
"What did you do, why did you mess this up?" Millard asked Smich, Sachak says. "It's not my fault he grabbed the gun," Smich replied, S says

Susan ClairmontVerified account ‏@susanclairmont 1m1 minute ago
Sachak suggests Smich pointed gun at #Bosma, #Bosma grabbed gun and it went off. Millard left to "cool off." Took Pedo with him.

molly hayesVerified account ‏@mollyhayes 2m2 minutes ago
Smich says no. He says Pedo was in the Yukon with him on drive there but doesn't believe Millard took the dog with him when he left. #Bosma

molly hayesVerified account ‏@mollyhayes 1m1 minute ago
Sachak suggests while Millard was gone, Smich is working on the #Bosma truck. "That's what he told me to do," Smich agrees.

molly hayesVerified account ‏@mollyhayes 1m1 minute ago
He was cutting out the seat belts and carpets. #Bosma

Susan ClairmontVerified account ‏@susanclairmont 1m1 minute ago
During that 30 minutes Smich cut out carpets and seatbelts of #Bosma truck. "That's what he told me to do," says Smich.
 
Sachak says since Smich's arrest three years ago, "You have never told anyone that you did not kill Tim Bosma." His lawyer Thomas Dungey says that's not necessarily correct, through solicitor client privilege. Smich says he hasn't told the police he didn't kill Bosma.
by Adam Carter 10:17 AM

"I was in jail, I did not speak to the police," Smich says.
by Adam Carter 10:17 AM

Smich agrees he hasn't told police that he didn't own a gun, or where it was buried. "You had three years ... to bring some peace and closure to the Bosma family by telling them what happened," Sachak says. Smich says "Yes sir, and again, that's getting into solicitor client privilege."
by Adam Carter 10:19 AM
 
If the lighter was MS why didn't the crown enter it as evidence? No fingerprints on this either?

All comments are JMO unless stated otherwise
 
molly hayesVerified account ‏@mollyhayes 2m2 minutes ago
Seeing a photo of a lighter -- says Toronto Hemp Company on it -- that was seized in that field. #Bosma

molly hayesVerified account ‏@mollyhayes 2m2 minutes ago
Sachak asks if he recognizes it. Smich says no. Sachak suggests he dropped it there in his state of panic. "No sir," he says. #Bosma

Susan ClairmontVerified account ‏@susanclairmont 1m1 minute ago
Seeing photo of cigarette lighter found in field. Sachak suggests it is Smich's. Smich says no. #Bosma

Lisa Hepfner ‏@HefCHCHNews 2m2 minutes ago
Sachak says that's the lighter Smich dropped when he panicked in the field. Now looking at orange cone in grassy field.

molly hayesVerified account ‏@mollyhayes 2m2 minutes ago
Seeing another photo now, an orange cone is partially visible in a grassy field. Smich says he sees it. #Bosma

molly hayesVerified account ‏@mollyhayes 2m2 minutes ago
This is where the lighter was found, Sachak says. #Bosma

molly hayesVerified account ‏@mollyhayes 2m2 minutes ago
"I'm going to suggest at some point on May 6 either when you first got out to go to the #Bosma residence, or layer on when you came back...

molly hayesVerified account ‏@mollyhayes 2m2 minutes ago
"...to follow the truck, you dropped it there." Smich disagrees. #Bosma

Did forensics find MS's DNA or fingerprints on the lighter? If not, I'd suggest NS drop that point as it's irrelevant.
 
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