Bosma Murder Trial 06.10.16 - Day 59 - Charge to jury

[ILoveDateline]

Susan Clairmont ‏@susanclairmont 26s26 seconds ago
"Deciding the facts is your job, not mind...You, not I decide what happened in this case." Jury not expected to answer all case questions.

Colin Butler ‏@ColinButlerCBC 32s32 seconds ago
Though he also says they do not need to answer every question in this case. #TimBosma

molly hayes ‏@mollyhayes 39s39 seconds ago
He says not all questions need to be answered. That would be unusual. #Bosma

Alex Pierson ‏@AlexpiersonAMP 47s47 seconds ago
Judge has 11 areas to go through. Law, evidence, crown and defence positions. @AM900CHML

 

[ILoveDateline]

Colin Butler ‏@ColinButlerCBC 44s44 seconds ago
"The court of Appeal can correct my mistakes, but justice cannot be done if you do not follow my instructions on the law," #TimBosma

Lisa Hepfner ‏@HefCHCHNews 46s46 seconds ago
Their deliberations are secret, the judge says. No record will be kept of their discussions. #TimBosma

Adam Carter ‏@AdamCarterCBC 52s52 seconds ago
"Justice will not be done if you wrongly apply the law," Goodman says. #TimBosma #Bosma

Susan Clairmont ‏@susanclairmont 58s58 seconds ago
"Your deliberations and discussions are secret."

molly hayes ‏@mollyhayes 1m1 minute ago
He says they must accept his instructions on the law. They can't google it or consult a law textbook etc. #Bosma

Susan Clairmont ‏@susanclairmont 1m1 minute ago
Jury must follow all his instructions on the law and cannot look anywhere else — Google — for guidance.

Lisa Hepfner ‏@HefCHCHNews 1m1 minute ago
They can't consult Wikipedia, judge tells jury. #TimBosma

Colin Butler ‏@ColinButlerCBC 1m1 minute ago
"You are not allowed to pick and choose when it comes to my instructions on the law," Goodman tells jurors. #TimBosma

Adam Carter ‏@AdamCarterCBC 1m1 minute ago
They only have to decide the ones that prove guilt beyond a reasonable doubt, or not. #TimBosma #Bosma

Adam Carter ‏@AdamCarterCBC 1m1 minute ago
"The evidence does not have to answer every question in this case," Goodman says. #TimBosma #Bosma

Lisa Hepfner ‏@HefCHCHNews 2m2 minutes ago
They have to decide whether the alleged offense has been proven beyond a reasonable doubt. #TimBosma

 

[ILoveDateline]

Adam Carter ‏@AdamCarterCBC 18s19 seconds ago
Goodman says there has been extensive media coverage of the case and its participants, and the jury can't consider any of it. #Bosma

Susan Clairmont ‏@susanclairmont 23s24 seconds ago
"There has been extensive and ubiquitous media coverage of this case...You must continue to disregard completely" the media coverage.

Colin Butler ‏@ColinButlerCBC 52s53 seconds ago
Goodman also tells them their deliberations are secret and jurors are not to tell anyone how they reached their decision. #TimBosma

molly hayes ‏@mollyhayes 57s58 seconds ago
Goodman says there a number of considerations that have nothing to do with task, and mustn't distract them. #Bosma

Lisa Hepfner ‏@HefCHCHNews 1m1 minute ago
The judge will give the jury the rules; they are to apply the rules to the facts as they see them. #TimBosma

 

[ILoveDateline]

Adam Carter ‏@AdamCarterCBC 38s39 seconds ago
That extends to any outside source opinions, like a family member. #TimBosma #Bosma

Lisa Hepfner ‏@HefCHCHNews 40s41 seconds ago
There has been extensive & ubiquitous media coverage of this case, judge tells jury. They weren't allowed to watch any of it, no change now

Susan Clairmont ‏@susanclairmont 43s44 seconds ago
Also must disregard info and opinions from "any outside source" including family, friends, mainstream or social media.

Colin Butler ‏@ColinButlerCBC 44s45 seconds ago
Jurors are also to ignore all media coverage, gossip and talk of the case outside of court. "They are not evidence," the judge says. #Bosma

molly hayes ‏@mollyhayes 48s49 seconds ago
He says there has been a "ubiquitous" amount of media coverage. "Those reports...(& anything from outside court) are not evidence." #Bosma

 

[ILoveDateline]

Adam Carter ‏@AdamCarterCBC 43s43 seconds ago
"You, not the media or anyone else, are the only judges of the facts." #TImBosma #Bosma

Colin Butler ‏@ColinButlerCBC 43s43 seconds ago
"You not the media or anyone else are the only judges of the facts," Justice Goodman tells the jury. #TimBosma

Lisa Hepfner ‏@HefCHCHNews 49s49 seconds ago
You, not the media or anyone else, are the judges of the facts, Goodman tells jury. #TimBosma

molly hayes ‏@mollyhayes 52s52 seconds ago
"You, not the media or anyone else, are the only judges of the facts." #Bosma

 

[ILoveDateline]

molly hayes ‏@mollyhayes 17s18 seconds ago
they've also heard references to a prelim/pretrial. Whether there was one or not, this too should have nothing to do with their decision.

Alex Pierson ‏@AlexpiersonAMP 39s40 seconds ago
Judge tells jury they must not use other sources to make decision. No google. Legal books. "Deciding the facts is your job. Not mine"

Lisa Hepfner ‏@HefCHCHNews 50s51 seconds ago
The two accused have been in custody, the jury must have surmised, the judge says. They aren't to take anything from that fact. #Bosma

Adam Carter ‏@AdamCarterCBC 53s54 seconds ago
Goodman says the fact that the two accused have been held in custody is "certainly" not evidence of guilt. #TImBosma #Bosma

molly hayes ‏@mollyhayes 58s59 seconds ago
Goodman tells them they have heard the accused have both been held in custody. This is certainly not evidence of guilt, he says. #Bosma

Susan Clairmont ‏@susanclairmont 1m1 minute ago
"You, not the media or anyone else, are the only judges of the facts." Fact an accused person is in custody "is not an item of evidence."

 

[ILoveDateline]

Adam Carter ‏@AdamCarterCBC 44s44 seconds ago
The judge tells the jury to not be swayed by sympathy, or fear. "You must not be influenced by public opinion," Goodman says. #Bosma

Lisa Hepfner ‏@HefCHCHNews 51s51 seconds ago
Sympathy, prejudice and fear must not influence their decision, judge tells jury. Incl for #TimBosma and his family

Colin Butler ‏@ColinButlerCBC 52s52 seconds ago
"You must make your decision without sympathy, prejudice or fear," Goodman tells the jury. #TimBosma

molly hayes ‏@mollyhayes 55s55 seconds ago
Public opinion should also not affect their decisions. #Bosma

Susan Clairmont ‏@susanclairmont 59s59 seconds ago
Also may have heard references to preliminary hearing or pretrial. Not to be considered. Must not be influenced by sympathy, fear...

 

[ILoveDateline]

Lisa Hepfner ‏@HefCHCHNews 10s11 seconds ago
The jury can't worry about punishment. The judge will decide what punishment is appropriate once they reach a verdict. #TimBosma

Adam Carter ‏@AdamCarterCBC 17s18 seconds ago
Goodman now referencing when Crown Tony Leitch said in his closing the jury should not "forget Tim." #TimBosma #Bosma

Alex Pierson ‏@AlexpiersonAMP 19s20 seconds ago
"The evidence doesn't have to answer every question in this case." "U decide the ones that prove guilt beyond reasonable doubt" @AM900CHML

Susan Clairmont ‏@susanclairmont 19s20 seconds ago
"Those comments were not proper and should not have been said...No accused can be convicted on the sentiment of emotion...

molly hayes ‏@mollyhayes 41s42 seconds ago
Goodman says punishment too has nothing to do with their task. That's his job to decide. #Bosma

Colin Butler ‏@ColinButlerCBC 43s44 seconds ago
The judge is recalling how the Crown asked the jury to remember Tim during its closing statement. #TimBosma

Lisa Hepfner ‏@HefCHCHNews 48s49 seconds ago
"Let me be crystal clear," Goodman says jury can't use Leitch's plea for the #TimBosma family in their deliberations.

Susan Clairmont ‏@susanclairmont 50s51 seconds ago
During Crown Leitch's closing, he said "Remember Tim" because he had everything to live for.

molly hayes ‏@mollyhayes 1m1 minute ago
That should not have been said, Goodman says. Disregard entirely. #Bosma

Lisa Hepfner ‏@HefCHCHNews 1m1 minute ago
Crown told jury not to forget #TimBosma in his closing. "Those instructions were improper and ought not have been said," Goodman says

molly hayes ‏@mollyhayes 2m2 minutes ago
"Mr. Leitch implored you to not forget Tim #Bosma...those concluding comments were improper," Goodman says.

 

[ILoveDateline]

Adam Carter ‏@AdamCarterCBC 34s34 seconds ago
Goodman says the jury should not be considering sympathy for Bosma, or his family in their decision. #TimBosma #Bosma #HamOnt

Colin Butler ‏@ColinButlerCBC 36s36 seconds ago
"No accused should be convicted based on sympathy for the family of the victim," the judge says. #TimBosma

molly hayes ‏@mollyhayes 50s50 seconds ago
He tells them, when they head out to deliberate, don't begin by saying you've made up their mind and won't be swayed. #Bosma

Susan Clairmont ‏@susanclairmont 51s51 seconds ago
"We expect and are entitled to your impartial and dispassionate assessment of the evidence."

Colin Butler ‏@ColinButlerCBC 55s55 seconds ago
"Let me be crystal clear," Goodman tells the jury. "You shall totally disregard those remarks." #TimBosma

Adam Carter ‏@AdamCarterCBC 1m1 minute ago
"Those concluding comments were improper, and ought not to have been said ... you must totally disregard those remarks." #TimBosma #Bosma

 

[ILoveDateline]

Alex Pierson ‏@AlexpiersonAMP 52s52 seconds ago
Judge angrily tells jury it was "improper and shouldn't have been said" 'disregard those thoughts." @AM900CHML

Lisa Hepfner ‏@HefCHCHNews 58s58 seconds ago
The judge's references to the evidence are only to refresh jurors' memories. Their memory is what counts, judge tells them. #Bosma

Adam Carter ‏@AdamCarterCBC 1m1 minute ago
He tells the jury to base their decision on their memory of the evidence, and not anyone else's. #TImBosma #Bosma

Colin Butler ‏@ColinButlerCBC 1m1 minute ago
"You find the facts and base your decision on your memory of the evidence, not mine and not of counsel," the judge tells jurors. #TimBosma

molly hayes ‏@mollyhayes 1m1 minute ago
Goodman says if his memory of evidence differs from theirs, it's theirs that matter. #Bosma

Susan Clairmont ‏@susanclairmont 1m1 minute ago
Judge says he could make a mistake when going over evidence. Jurors must go with their own memories of the evidence, not his.

Alex Pierson ‏@AlexpiersonAMP 2m2 minutes ago
Judge tells jury not to make decision based on emotion. Tells them to disregard Crown statememt about Tim Bosma. "Don't forget Tim"

Lisa Hepfner ‏@HefCHCHNews 2m2 minutes ago
Jurors should listen to each other and discuss the evidence, not settle on a verdict right away. Nor change their minds to get it over with.

Adam Carter ‏@AdamCarterCBC 2m2 minutes ago
Goodman tells the jury to have an open mind. "Do not change your mind only to get the case over with," he says. #TImBosma #Bosma

Susan Clairmont ‏@susanclairmont 2m2 minutes ago
Judge says "Punishment has no place in your task."....Shouldn't start deliberations saying you have made up your mind and won't change it.

molly hayes ‏@mollyhayes 2m2 minutes ago
He says do not hesitate to reconsider opinions and change your mind. But don't do so just to get it over with. #Bosma

 

[Massasauga Rattler]

Alex Pierson ‏@AlexpiersonAMP 8s9 seconds ago
"Your judgement must be made on evidence, law and common sense." @AM900CHML

Lisa Hepfner ‏@HefCHCHNews 15s16 seconds ago
The judge is outlining what he will explain in the different parts of his charge. #TimBosma

Colin Butler ‏@ColinButlerCBC 23s24 seconds ago
Goodman says his instructions to the jury have been organized into 11 parts. #TimBosma

Adam Carter ‏@AdamCarterCBC 49s50 seconds ago
He says his instructions have been organized into 11 parts. Settle in -- this charge will be lengthy. #TimBosma #Bosma

Alex Pierson ‏@AlexpiersonAMP 1m1 minute ago
"Erase any prejudice, partiality and sympathy from what u have heard." @AM900CHML

Susan Clairmont ‏@susanclairmont 1m1 minute ago
"No disrespect is intended." Only lawyers will be referred to as Mr. or Ms.

and how is that not "cumbersome"?

 

[ILoveDateline]

Lisa Hepfner ‏@HefCHCHNews 22s22 seconds ago
But they can't agree only for the purpose of reaching a unanimous verdict, Goodman says. #TimBosma

Susan Clairmont ‏@susanclairmont 39s39 seconds ago
Jury's decision must be unanimous. "Listen to others. Discuss your differences with an open mind." Foreperson will record verdict.

Colin Butler ‏@ColinButlerCBC 49s49 seconds ago
Jurors are told that in order to reach a verdict, they must all agree on the decision. #TimBosma

molly hayes ‏@mollyhayes 51s51 seconds ago
He tells them their goal should be to make a verdict. Must be unanimous. But don't agree only to get it done. #Bosma

Alex Pierson ‏@AlexpiersonAMP 1m1 minute ago
Judge" a verdict must be unanimous." All 12 must agree. @AM900CHML

Lisa Hepfner ‏@HefCHCHNews 1m1 minute ago
The verdict has to be the unanimous opinion of the whole jury. Sometimes they can't agree, judge says. They should make every effort

Susan Clairmont ‏@susanclairmont 1m1 minute ago
At end of his charge, lawyers may think there is an issue. He may give jury further instructions as a result.

 

[ILoveDateline]

Adam Carter ‏@AdamCarterCBC 16s17 seconds ago
Those verdicts should both be brought at the same time. #TimBosma #Bosma

molly hayes ‏@mollyhayes 20s21 seconds ago
While the two verdicts don't have to be the same, they have to be returned simultaneously. #Bosma

Adam Carter ‏@AdamCarterCBC 24s25 seconds ago
"The verdicts may, but do not have to be the same, for each person," Goodman says. #Bosma #TImBosma

Colin Butler ‏@ColinButlerCBC 27s28 seconds ago
There are two accused, but the jury must decide on a seperate verdict for each accused. "They can be different," Goodman says. #TimBosma

Susan Clairmont ‏@susanclairmont 36s37 seconds ago
Must render separate verdict for each accused. All verdicts must be returned at the same time.

Lisa Hepfner ‏@HefCHCHNews 45s46 seconds ago
They have to have a separate verdict for each accused. They could be, but don't have to be the same. #TimBosma

molly hayes ‏@mollyhayes 52s53 seconds ago
Goodman says in this case there are two accused. Each one gets a separate verdict. #Bosma

Susan Clairmont ‏@susanclairmont 1m1 minute ago
Goodman says later he will talk about "available verdicts." That's a key part of charge here.

 

[ILoveDateline]

molly hayes ‏@mollyhayes 20s20 seconds ago
He says there is some evidence that is admissible against only one accused. Must be considered accordingly. #Bosma

Colin Butler ‏@ColinButlerCBC 27s27 seconds ago
"You must not use the evidence that applies to only one accused to decide the case of any other accused on a charge," Goodman says #TimBosma

Susan Clairmont ‏@susanclairmont 27s27 seconds ago
Some evidence can be used against one accused, but not the other, says judge.

Susan Clairmont ‏@susanclairmont 49s49 seconds ago
"Each person is entitled to be considered separately on each charge," says Goodman.

Lisa Hepfner ‏@HefCHCHNews 53s53 seconds ago
They return all verdicts at the same time, the judge tells the jury. Each accused is presumed innocent & entitled to have his case decided

 

[ILoveDateline]

Adam Carter ‏@AdamCarterCBC 26s26 seconds ago
Goodman tells the jury they can use notes they've taken during the trial during deliberations. #TimBosma #Bosma

Alex Pierson ‏@AlexpiersonAMP 40s40 seconds ago
"U must be impartial and dispassionate assessment of evidence" jury not to make decisions based on what others think. @AM900CHML

Lisa Hepfner ‏@HefCHCHNews 48s48 seconds ago
Some evidence is admissible against one accused and not the other, judge tells jury. #TimBosma

 

[lawstud]

Are the lawyers present for this charge? Accused? And is the public including the family and friends in the courtroom today?

 

[ILoveDateline]

Eek, it's easy to get behind, look away for a second and....

molly hayes ‏@mollyhayes 33s33 seconds ago
He notes Dungey made reference in his close to fact that his client testified and Millard didn't. He says don't draw conclusions from this.

Colin Butler ‏@ColinButlerCBC 50s50 seconds ago
"An accused does not have to testify in his own defence," Goodman says explaining that Millard's silence is not evidence "in any way" #Bosma

Susan Clairmont ‏@susanclairmont 57s57 seconds ago
Crown must convince jurors beyond a reasonable doubt...Accused have right not to testify or not. Smich testified, Millard didn't.

Lisa Hepfner ‏@HefCHCHNews 1m1 minute ago
An accused does not have to testify in his own defense. Smich did, Millard didn't. Those facts are not evidence, judge says

molly hayes ‏@mollyhayes 1m1 minute ago
He says presumption of in innocence also means they do not have to testify. Smich did. Millard didn't--as is his right. #Bosma

Adam Carter ‏@AdamCarterCBC 1m1 minute ago
"... unless or until Crown counsel has proven guilt beyond a reasonable doubt," Goodman says. #TImBosma #Bosma

Lisa Hepfner ‏@HefCHCHNews 2m2 minutes ago
The indictment is a formal charge, judge says. The charge of 1st degree murder is not evidence, it's what they are accused of. #Bosma

Adam Carter ‏@AdamCarterCBC 2m2 minutes ago
"Every person charged with a criminal offence is to be presumed innocent..." Goodman says #TimBosma #Bosma

Susan Clairmont ‏@susanclairmont 2m2 minutes ago
"Presumption of innocence means that each accused started the trial with a clean slate." — Justice Goodman

molly hayes ‏@mollyhayes 2m2 minutes ago
Now onto presumption of innocence. Goodman says this means each accused begins trial with a "clean slate." #Bosma

Colin Butler ‏@ColinButlerCBC 2m2 minutes ago
Goodman reminds both men are presumed innocent until they proven guilty beyond a reasonable doubt. #TimBosma

molly hayes ‏@mollyhayes 2m2 minutes ago
Goodman says each one of them has an equal voice. Tells them not to defer to someone just bc they're a better note-taker, for ex. #Bosma

Susan Clairmont ‏@susanclairmont 2m2 minutes ago
"A jury's decision is a group decision...Notes don't make decisions. Jurors do." #Bosma

Colin Butler ‏@ColinButlerCBC 2m2 minutes ago
"A jury's decision is a group decision. Everyone has a say, an equal say." He says. "Do not defer to the best note taker." #TimBosma

Lisa Hepfner ‏@HefCHCHNews 2m2 minutes ago
The jurors' notes are not evidence; just help remembering evidence, judge says. They belong to the writer, but the decision is a group one

Susan Clairmont ‏@susanclairmont 3m3 minutes ago
Jurors notes they've taken throughout trial. Can take to jury room for deliberations. But they are not evidence. Just to refresh memory.

Colin Butler ‏@ColinButlerCBC 3m3 minutes ago
"Your notes are not evidence," the judge says, noting they can only use them to help make a decision. #TimBosma

 

[ILoveDateline]

Susan Clairmont ‏@susanclairmont 24s24 seconds ago
Crown need only prove the essential elements to be beyond a reasonable doubt, not every element.

molly hayes ‏@mollyhayes 33s33 seconds ago
The crown doesn't have to prove every single fact--just the essential elements. Goodman says he'll go over what these are. #Bosma

Adam Carter ‏@AdamCarterCBC 55s55 seconds ago
"Millard elected not to testify. That is his right. Millard's decision not to testify is not evidence." #TimBosma #Bosma

Susan Clairmont ‏@susanclairmont 56s56 seconds ago
Burden of proof is on Crown to prove guilt. Must be satisfied beyond a reasonable doubt.

molly hayes ‏@mollyhayes 57s57 seconds ago
It is crown counsel who must prove guilt beyond a reasonable doubt. "The burden of proof never shifts (even if accused testifies)." #Bosma

Adam Carter ‏@AdamCarterCBC 1m1 minute ago
The presumption of innocence means an accused doesn't need to testify. Smich did. #TimBosma #Bosma

Colin Butler ‏@ColinButlerCBC 1m1 minute ago
The judge is reacalling how Thomas Dungey made reference to Millard's silence and jurors "must disregard that" because it is not evidence.

Lisa Hepfner ‏@HefCHCHNews 1m1 minute ago
Smich lawyer Tom Dungey made several references to fact that Millard didn't testify, judge says. He can do that, but jury can't use it

Alex Pierson ‏@AlexpiersonAMP 2m2 minutes ago
"Each accused is entitled to be considered separately on each charge." @AM900CHML

Susan Clairmont ‏@susanclairmont 2m2 minutes ago
In his close, Thomas Dungey, lawyer for Smich, mentioned several times that his client testified and Millard didn't. Jury to disregard.

 

[ILoveDateline]

Colin Butler ‏@ColinButlerCBC now
"It is a doubt based on reason and common sense, based on the evidence or lack of evidence," Goodman says. #TimBosma

molly hayes ‏@mollyhayes 5s6 seconds ago
Probable or likely guilt is not guilt beyond a reasonable doubt, he says. #Bosma

molly hayes ‏@mollyhayes 27s28 seconds ago
He says a reasonable doubt is based on reason and common sense--not based on sympathy or other emotion. #Bosma

Susan Clairmont ‏@susanclairmont 36s37 seconds ago
"Are you left with a reasonable doubt about the guilt of an accused? Well, if you are, you must acquit."

Lisa Hepfner ‏@HefCHCHNews 37s38 seconds ago
After considering all the evidence, jurors have reasonable doubt of guilt, they must acquit. Judge now explaining what term means. #Bosma

 

[ILoveDateline]

Adam Carter ‏@AdamCarterCBC 21s21 seconds ago
"It is not enough for you to find an accused probably or likely guilty." Goodman says. #TImBosma #Bosma

molly hayes ‏@mollyhayes 34s34 seconds ago
But if there is reasonable doubt, they must acquit. #Bosma

Adam Carter ‏@AdamCarterCBC 38s38 seconds ago
Goodman now moving on to reasonable doubt. "It is a doubt based on reason or common sense ... " #TImBosma #Bosma

Colin Butler ‏@ColinButlerCBC 41s41 seconds ago
He notes the Crown does not have to prove their case with "absolute certainty" noting its "impossibly high." #TimBosma

molly hayes ‏@mollyhayes 47s47 seconds ago
"Absolute certainty" is nearly impossible to reach, he says. #Bosma

Lisa Hepfner ‏@HefCHCHNews 51s51 seconds ago
It is nearly impossible to prove something with absolute certainty, judge says. Reasonable doubt closer to that than "probably." #Bosma

Susan Clairmont ‏@susanclairmont 1m1 minute ago
"It is nearly impossible to prove anything with absolute certainty." Crown is not expected to do that.