Bosma Murder Trial 05.20.16 - Day 53

[billandrew]

Watching this....I am SHOCKED that the Prosecution didn't pick up on this vehicle seemingly going past the camera three times, twice north and once south. I know there is no way to confirm 100% it is the same vehicle but through my eyes, there is no doubt in my mind that it is the same one. Even the shine coming off the vehicle appears the same...which falls in line with the testimony that Tim had just washed the truck to get ready for the test drive. This would support the idea that all three of them were in the vehicle at the time Tim was shot and it would also fill in the missing time in MS' time line. All my opinion but MS' story never made sense to me and this video supports that. But my main point is related to how LE didn't see this as important enough to point out or, more likely, missed it entirely. MOO

My opinion lines up with yours in that I believe it is the same vehicle in all three instances of that video. I don't believe LE just missed it, though. Rather, these additional events were not considered to be important to their case, which involved showing Bosma's truck and the Yukon together in various places and trying to prove that DM and MS were both present.

 

[Typhoo1961]

According to MS's story, he was in that location twice as many times as DM, making him twice as likely to be the one who dropped it.

Then being that MS smokes two different substances and DM only smokes one, that would be twice as many as DM smokes, and that would again make him twice as likely to have been the one carrying a lighter.

Add the two together and you have MS being 4 times more likely to have had it been his lighter.

As as far as we know, LW was never there and had never even met MS, so how would she know if he had dropped a lighter that night? That doesn't make sense to me.

The lighter might have been tossed from a passing car into the field. It might not even belong to MS or DM. The owner of the field could have dropped it himself days or even weeks earlier.

 

[Typhoo1961]

Am I clear that this is a lighter, with no provable ties to either of the accused, that was just pulled out at the last minute as some kind of gotcha? As if! If I was a juror I would be all pfffft...whatever.

That is what it is. The lighter could have come from anywhere by anyone at any time.

 

[Typhoo1961]

I've often wondered why they didn't just burn them anyway. Why keep these around?

Because DM is not the sharpest tool in the rack.

 

[iveyguy]

Two quick comments:

1. There's really no such thing as "owning a tricky scale" because everything scale can be programmed as such. Virtual every set of scales (a used for drugs or small measurements) can be programmed to be "tricky scales" using the tare button... it's remarkably simple!!! The tare button is used to set the scales to "0" when the tray is empty - it's a feature to maintain precision and allow you to measure things in bowls/glasses/etc. You could very easily set the scale to read 3.0 grams even with nothing on the tray -- and therefore could slyly measure out say 11 grams of a substance and sell it for the price of 14 grams to a buyer, gaining their confidence because the scale reads 14 grams.

2. I doubt that MS was using a "Toronto Hemp Company" lighter. Regular / heavy smokers are unlikely to use expensive, "short-lasting" souvenir lighters. Reliable lighters are VERY important to obsessive smokers.... Infrequent smokers are more likely to use souvenir lighters and IMO is seems more likely that the THC lighter found back from the road from actually from some other 'locals' smoking a joint, hidden away from the public eye. Regardless, there was no evidence linking the lighter to MS, so this is probably the weakest of the 10 points.

IMO.

 

[JuneBug67]

My opinion lines up with yours in that I believe it is the same vehicle in all three instances of that video. I don't believe LE just missed it, though. Rather, these additional events were not considered to be important to their case, which involved showing Bosma's truck and the Yukon together in various places and trying to prove that DM and MS were both present.

I don't feel I have the expertise to say if the trucks are the same or not, but I think it's a bit of an unfortunate choice for justice in the sense that it kind of becomes "Do I believe the Crown and Mark Smich, or do I believe Dellen Millard?" on this one point. It's probably a benefit by association that Mark doesn't really deserve.

 

[marymcd]

My first post here, although I have been lurking for quite a while.

I’m beginning to get a strong feeling that because Smich got on the stand and so consistently stuck to his “story” in spite of 4 gruelling days of cross examination and Millard didn’t that people are too willing to accept his version of events as being closer to the truth and therefore his involvement in Tim Bosma’s death is barely negligible. And to boot Smich portrayed himself as an unwitting victim. Smich’s own mother made a statement to police after Millard was arrested that now he wouldn’t get the car. Millard was in a hurry to give Tim’s truck a makeover and to leave for BC. Smich also wanted to leave to go to Alberta. I don’t think either had qualms about being identified because I don’t think they planned to hang around for long. I think they both thought their plan was foolproof.

It is really hard to predict how this might have played out if Millard had taken the stand. If he had, I don’t think that Smich would have. Like Smich, Millard’s story would have been tailored to the evidence which would make his version of events more believable. He wouldn’t have tried to diminish his role – too little, too late for that, but I believe no one would be questioning Smich’s role too.

As soon as I hear too many “I don’t remember, I don’t recall, I’m confused” etc., it’s time to disregard everything he says and go back to the evidence (and not Noudga’s).

 

[Claroon]

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

No verifiable proof I'd say. Since Smich didn't claim it was his.

All comments are JMO unless stated otherwise

 

[Gibson67]

The lighter might have been tossed from a passing car into the field. It might not even belong to MS or DM. The owner of the field could have dropped it himself days or even weeks earlier.

I wonder if the lighter was tested for prints?

 

[DeepWoodsOff]

I agree with this, but....Stopping at the side of the road to change plates also really increases the odds of being caught. LE sees someone changing plates at the side of the road, or messing with the plates and they're likely to have a longer look. Following Tim's Ram fairly closely with the Yukon at a legal speed would have been the best way to avoid detection.

I think the plate story is a tough call to decide whether it's true or not.

Agreed. The decisions they made during this whole situation tell me they were in over their head. Small-time criminals taking on a big-time operation. MOO

 

[canadiangirl]

I agree with this, but....Stopping at the side of the road to change plates also really increases the odds of being caught. LE sees someone changing plates at the side of the road, or messing with the plates and they're likely to have a longer look. Following Tim's Ram fairly closely with the Yukon at a legal speed would have been the best way to avoid detection.

I think the plate story is a tough call to decide whether it's true or not.

Not sure I agree with this. The way I look at it, carrying on with the truck of a man everyone is searching for is far more risky then taking 10 mins on a desolate road for a quick plate swap.

The amount of time driving that truck with TB plates was way too much risk. Especially since SB and WD saw and spoke to both the accused.

I'm sure they knew it was a matter of time before Tim's wife would worry he wasn't back and call police. Thus making the plate swapping very important IMO

 

[Webulls]

The problem I have with MS is why wait until the end of the trial to "tell the truth". If he's the innocent man he claims to be, why risk going to trial and being charged with Murder1? It would seem exceptionally logical to contact a lawyer (Dungey) first, and figure out the best way to "cut a deal" with police. Smich had disclosure, he knew the evidence well before trial. Surely he knew the evidence was damning. A logical, "innocent" man would have talked to police and cut a deal.

The only logical reason for Smich not going to police is that he was the shooter. Why else bury the gun?

I've always believed this was his grand opportunity to score a hit. Kill a man. Earn his street cred. Officially a Gangsta now.

Nobody should have any empathy for DM or MS. Both guilty as charged. Lock 'em both up for 25+.

 

[spanishshara]

Sachak was pretty good but he's no Dungey!

 

[NoodlesMcgee]

Some need to avoid the idea that one story is true and one is lies. Highly likely both are lying. It's not an either or decision.

 

[amis_]

Missed yesterday's testimony and had to get caught up. DM's "version of the truth" makes very little sense either. According to him, they left the Bosma driveway, drove north on Trinity Rd S to the 403. They got on the 403 eastbound and sometime before the very next off ramp, 2 minutes away, MS pulled a gun and pointed at TB. Then TB grabbed for the gun and it went off. On the 403 hwy. With other traffic around. In the dark. Where no one else saw a flash of light or heard a bang in a vehicle they may have been travelling close to. And remarkably, the driver of the vehicle had no idea what happened to prompt MS to shoot the gun. Even more remarkable is that in order to stay within the 10 minute time frame back and forth to the Super Sucker, they then suggest that DM was able to have his wits about him enough, after being surprised by a very loud bang from a gun that would have been inches from his own head and a man all of a sudden bleeding profusely from the head beside him, to exit at the very next off ramp without incident. Once again, I point out that this all took place within 2 minutes travelling at a speed of at least 100km per hour, and at some point he also suggested calling an ambulance and MS was able to declare TB dead, once again, all within 2 minutes. He is also such a good driver that he was able to immediately make a split second decision to find and get back on the westbound highway ramp to return to the vicinity of the victim's home. With a bullet hole at the very least in what was certainly a somewhat shattered window of the victim's vehicle and the victim beside him on the passenger seat. Because in his shock and surprise within seconds/minutes of this event happening, he had his wits about him enough to realize that he needed to get his own vehicle out of the vicinity immediately. The one that he hid in a field so no one would see it and take note of the license plate. Oh and call that ambulance. Uh huh.

So once he was able to get his own vehicle out of the way, not by getting into it and driving away and telling the shooter he was on his own to deal with the dead man and his truck, while dialing 911, which most normal innocent people would do who were shocked and surprised at what his "partner in crime" had done, he drove for another 20 minutes until he could find a secluded place to stop and ask the alleged shooter WTH happened. The one who was now driving his own truck with his beloved pet inside and could have left him at any moment to deal with a dead man and his stolen truck all alone. I guess he was really confident that MS would follow him for some reason. And I'm not sure whether DM's defense team admitted he found and disposed of TB's phone while on that secluded road. Where there just happened to be a Bobcat dealer with a lot of equipment left out on the lawn, just ripe for the picking. Wonder how he just randomly chose that road for his brief detour? Think it might have been a familiar "scoping" location to him?

We could go on and on with both scenarios being highly unlikely. Although MS's version is slightly more believable if you discount all his nonsense about being shocked and scared. He was DM's partner in crime, for at least a couple of years. Nothing DM did shocked, surprised or scared him it seems. So I don't buy any of that. He is far more involved in this than his story suggests. But it is possible that he was not in the truck when TB was shot because only DM seems to admit that he was in the Bosma truck at the time of the shooting.

Bottom line for me is that both defense teams seem to agree that at all times, DM was driving the Bosma truck and therefore he is the one person for sure who knows exactly what happened. And it doesn't look like we're going to hear a believable story from him. So it will likely forever be an unknown just who shot TB and why. Whether it was planned or a spur of the moment decision by one or the other, I think we've heard about all we're going to hear about the events surrounding the murder and I don't think the Crown will elicit any more clarity from MS. Likely they have their own theory to suggest during their cross. Which will make three different stories for the jury to decide from. I just want the Crown to explain how both are legally guilty of first degree murder based on the known facts and then let the jury get to deliberations.

MOO

Great post yet again, Kamille!

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[Deleted member 102539]

On MS' nightstand a see an orange lighter. Though I don't see the logo of the shop.

A smoker normally doesn't know how many lighters he may own and doesn't pay attention to the design of the cheap ones.

http://images.google.de/imgres?imgu...boy3RDltT4mM&ei=aj8_V5K6OIWPgAbr5JYo&tbm=isch

 

[Mrs. M]

My first post here, although I have been lurking for quite a while.

I’m beginning to get a strong feeling that because Smich got on the stand and so consistently stuck to his “story” in spite of 4 gruelling days of cross examination and Millard didn’t that people are too willing to accept his version of events as being closer to the truth and therefore his involvement in Tim Bosma’s death is barely negligible. And to boot Smich portrayed himself as an unwitting victim. Smich’s own mother made a statement to police after Millard was arrested that now he wouldn’t get the car. Millard was in a hurry to give Tim’s truck a makeover and to leave for BC. Smich also wanted to leave to go to Alberta. I don’t think either had qualms about being identified because I don’t think they planned to hang around for long. I think they both thought their plan was foolproof.

It is really hard to predict how this might have played out if Millard had taken the stand. If he had, I don’t think that Smich would have. Like Smich, Millard’s story would have been tailored to the evidence which would make his version of events more believable. He wouldn’t have tried to diminish his role – too little, too late for that, but I believe no one would be questioning Smich’s role too.

As soon as I hear too many “I don’t remember, I don’t recall, I’m confused” etc., it’s time to disregard everything he says and go back to the evidence (and not Noudga’s).

WELCOME MARYMCD!!!!!

:greetings::wagon::welcome::welcome6:

 

[ABro]

BBM Ultimately this says it all. We are focusing on and discussing the pieces as they are presented to us but ultimately, none of these smaller details OR MS' story change the evidence.

For clarity...my SHOCK has to do with the fact that the Prosecution didn't introduce this just so the Defense couldn't. Much like the trailer door flying open on the highway while towing Tim's truck for forensic work...not a big deal to most people but it could appear as if something was being hidden if the Prosecution doesn't introduce it. It has no bearing on the case but why let the Defense enter something new? That was the point I was trying to make. MOO

Thank you for your explanation. In the end it just comes down to the fact they can't present everything, and this was not a no-brainer to explain. Look at how people have complained about Sachak going on and on. Plaxton was already on the stand for a day and a half. The door thing was taken care of in a few minutes.

 

[DeepWoodsOff]

The problem I have with MS is why wait until the end of the trial to "tell the truth". If he's the innocent man he claims to be, why risk going to trial and being charged with Murder1? It would seem exceptionally logical to contact a lawyer (Dungey) first, and figure out the best way to "cut a deal" with police. Smich had disclosure, he knew the evidence well before trial. Surely he knew the evidence was damning. A logical, "innocent" man would have talked to police and cut a deal.

The only logical reason for Smich not going to police is that he was the shooter. Why else bury the gun?

I've always believed this was his grand opportunity to score a hit. Kill a man. Earn his street cred. Officially a Gangsta now.

Nobody should have any empathy for DM or MS. Both guilty as charged. Lock 'em both up for 25+.

To me the only way his story holds any value is if he went to police with it before he was arrested. Once he was arrested then everything becomes a he said/he said.DM was his meal ticket and had MS gone to police after DM was arrested and then for some reason DM gets released....oops! I just buried my free ride. MOO

Agree with you 100% on the empathy thing....none from me. Every time I start to waiver in my thoughts, I remember that both of these guys are also charged with LB's death...clearly LE found enough evidence to charge them. MOO

 

[amis_]

Some need to avoid the idea that one story is true and one is lies. Highly likely both are lying. It's not an either or decision.

I completely agree. To me thus far, the evidence supports both being guilty of first degree. They both were well aware of Tims fate that evening, but of course can't admit to premeditation. Thus, both stories we have heard from both sides are not the truth IMO. Just tailored stories to try and get their client off with a lesser charge. Lock them both up forever. MOO

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