BOSMA MURDER TRIAL: Trial Media/Doc Thread - ** No Discussion **

[Coldpizza]

Tim Bosma trial: Mark Smich's ex girlfriend wanted to marry accused killer
By Adam Carter, CBC News Posted: Apr 25, 2016

Mark Smich and then-girlfriend Marlena Meneses at his sister's wedding, shortly after Tim Bosma disappeared in May 2013. Smich and Dellen Millard are charged with first-degree murder in Bosma's slaying. (Court exhibit)

Marlena Meneses spent months telling herself the man she loved and wanted to have a child with couldn't have killed Tim Bosma, the jury heard Monday at the trial of the two men accused of killing the Hamilton man.

Mark Smich's former girlfriend was back in the witness box and recounted how she had planned to marry the man who was abusive and wanted her to become a stripper to help support him.

"You wanted a child with him, you wanted to marry him?" asked Nadir Sachak, the lawyer for co-accused Dellen Millard.

"Yeah," the 22-year-old Meneses responded, choking back tears.

[...]

Partying at wedding

The jury saw photos Monday of Smich and Meneses at his sister's wedding, taken the week after Bosma disappeared. In those pictures she can be seen smiling and laughing.

"You were happy to go to the wedding. You enjoyed that wedding ... you partied your brains out at that wedding," Sachak said. "Yes, I did," the witness responded.

[...]

Wanting to believe

The couple's relationship was rocky, Sachak told the jury, calling it "horrific at times."

"He was abusive, wasn't he? He hit you?" Sachak asked Meneses. She agreed.

"You really had nowhere to go, did you? You had to put up with the man who hits you, right?" Sachak said. Meneses looked up at the roof and said, "Yes."

Marlena Meneses, left, leaves the John Sopinka courthouse in Hamilton on Monday after testifying at the Tim Bosma murder trial. (Rob Krbavac/CBC)

 

[Coldpizza]

Tim Bosma trial: Dellen Millard 'gave me the creeps,' co-accused's ex says
By Adam Carter, CBC News Posted: Apr 26, 2016

Mark Smich and his ex-girlfriend Marlena Meneses in a photo recovered from an iPad found at Smich's home in Oakville, Ont. (Court exhibit)

Dellen Millard often creeped out his co-accused's ex-girlfriend, court heard Tuesday at the trial of two men accused of killing Hamilton man Tim Bosma.

After Mark Smich's ex-girlfriend Marlena Meneses spent most of Monday testifying about how Smich had hit her and attempted to push her into becoming a stripper, she turned her attention to Millard on her return to the witness box Tuesday.

"You weren't comfortable with Dellen Millard, were you?" Smich's lawyer, Thomas Dungey, asked during his cross-examination.

[...]

Abuse downplayed

Dungey also tried to downplay the fact that Smich abused Meneses.

"We heard Mark would hit you ... and you testified you told him not to, and he stopped?" Dungey said.

"He only stopped because I told him to," Meneses said.

Meneses testified that Smich only went along with Millard's criminal plots for the money.

 

[Coldpizza]

Dellen Millard dragged pal into truck theft, Mark Smich’s ex-girlfriend testifies at Bosma trial
By: Molly Hayes Hamilton Spectator, Published on Tue Apr 26 2016

Dellen Millard gave Marlena Meneses “the creeps.”
Now 22, Meneses says that when they used to hang out, Millard — a friend of her boyfriend, Mark Smich — would slap her buttocks, make sexual comments and hit on her.
He made her uncomfortable “from Day 1,” she said Tuesday, on the stand for a third day at the first-degree murder trial of Smich, 28, and Millard, 30, in the death of Ancaster dad Tim Bosma.
Meneses testified that she had expressed fears to her boyfriend that Millard was going to get him into trouble.

[...]

Meneses knew on May 6, 2013, that Smich and Millard had plans to steal a truck, the jury has heard. And the next morning, they told her that their “mission” had been successful.
She’d begged Smich not to do it, she testified. She thought it was a stupid idea — Millard was rich, she figured. He had no reason to steal a truck.

 

[Coldpizza]

Tim Bosma trial: Christina Noudga performed 'sexual favours' on Millard after dropping off Bosma's truck
By Adam Carter, CBC News Posted: Apr 27, 2016

Christina Noudga, who is facing a charge of being an accessory after the fact in the death of Tim Bosma, leaves court with her face covered on Wednesday evening after her first day of testimony. (Rob Krbavac/CBC)

Christina Noudga testified in a Hamilton courtroom today that she was "performing sexual favours" on boyfriend Dellen Millard minutes after they dropped off a trailer with Tim Bosma's truck in it at the home of the accused killer's mother.

[...]

Three days after Bosma disappeared, Millard picked up Noudga at her home in his pickup truck, towing a large trailer. The two drove to his mother's home in Kleinburg, Ont., and parked the trailer there, she testified.

Noudga told the jury she thought it was "weird" that Millard parked the truck so close to the garage door.

[...]

The sex act she performed on Millard was one of the few facts Noudga said she could remember during hours of testimony. Over and over, she told the Crown that she couldn't remember any details about specific dates, times and conversations, only elaborating when Leitch asked her to refresh her memory from police statements and other documents.

[...]

DVR kept in closet for months

The jury also heard that Millard gave Noudga a digital video recorder (DVR) just before they moved the truck, and asked her to hold onto it. The court has previously heard that DVR was from the MillardAir hangar, and contained security camera footage. The Crown alleges Bosma's body was incinerated at the hangar.

She said she put the DVR in her room, and later put it in the back of her closet. Noudga testified she never viewed what was on it.

[...]

Moving the incinerator

Once at the farm, Millard told her he wanted to move a livestock incinerator, she said.

"He states that the floorboards underneath were creaking and we should move it out," she testified.

 

[Coldpizza]

Dellen Millard’s ex-girlfriend claims she had no curiosity about his ‘mission’
By: Molly Hayes The Hamilton Spectator, Published on Wed Apr 27 2016

Christina Noudga did not question her boyfriend.

Dellen Millard was often dismissive or ambiguous when she asked him about his life — so she just flat-out stopped asking.

When he picked her up for a “tiny mission” on May 9, 2013, Noudga says she didn’t ask what it was — instead, she recalled on the witness stand Wednesday, they smoked weed and she gave him “sexual favours” while he drove.

She “wasn’t curious” about what was inside the giant trailer they were towing to his mother Madeleine Burns’s home in Kleinburg that night — a drop-off Burns had clearly not been expecting.

 

[Coldpizza]

Tim Bosma trial: Dellen Millard tried to influence witnesses from behind bars
By Adam Carter, CBC News Posted: Apr 28, 2016

A police photo shows Dellen Millard, 30, after he was arrested on May 11, 2013. Millard is charged with first-degree murder in connection with the death of Hamilton man Tim Bosma. (Hamilton Police Service/Court exhibit)

Dellen Millard attempted to use his girlfriend as his "secret agent" from behind bars to influence the testimony of key Crown witnesses in the Tim Bosma case, court heard Thursday at the trial of the two men accused of killing the Hamilton man.

"You said you wanted to be a secret agent. Be mine?" one letter from Millard read. "Here's your chance to be a covert operative."

[...]

'A huge blow to the prosecution's case'

In some letters Millard writes about how he is "treated like Hannibal Lecter" in jail, and often professes his love for Noudga — sometimes in pseudo-Shakespearian verse.

He also repeatedly talks about the case against him, and implores Noudga to reach out to witnesses like Andrew Michalski — whom he refers to as a "f--king pansy scared into giving up a true friend."

[...]

Wiping away fingerprints

The jury also heard Thursday about how Noudga wiped down the trailer containing Tim Bosma's truck under the direction of Millard's mother while it was sitting in her driveway.

Noudga and Burns were at a hotel "having some wine" and "brainstorming" hours after Millard was arrested when they decided to wipe down the trailer, which they both had touched, Noudga testified.

"My biggest concern when we were discussing it was, holy ****, we touched the trailer," Noudga said. At that point in the investigation, it hadn't been determined that Bosma was dead, and there was hope he might still be alive.

 

[Coldpizza]

Accused in Tim Bosma slaying asked ex girlfriend to tamper with evidence, trial hears
By Liam Casey The Canadian Press

HAMILTON — The former girlfriend of a man accused of murder in the death of Tim Bosma says she was asked to tamper with evidence through secret letters he sent her from jail.

Christina Noudga told a Hamilton court she exchanged many letters with Dellen Millard while he was in jail awaiting trial.

[...]

In one letter, Millard, who admitted in court to being the author of the letters, asks Noudga to try to persuade one of his friends, Andrew Michalski, to change what he’d told police.

“He was obviously asking me to tamper with evidence and testimony in order to protect him,” Noudga told court, adding she thought about doing it, but never went to Michalski to get him to change his story.

[...]

Millard also blamed his co-accused for Bosma’s death.

“It was Mark (Smich) who f–ked up a truck robbery, not me,” Millard wrote to Noudga. “And just because I helped clean up Mark’s mess, does not mean I should also pay for it.”

At the end of many of his letters, Millard wrote: “Destroy this letter now!!!!!”

 

[Coldpizza]

Tim Bosma trial: Girlfriend felt like she was being 'played' by Dellen Millard
By Adam Carter, CBC News Posted: May 02, 2016

As time went on, Noudga started to feel like she might be getting played by her boyfriend to suit his ends. Millard wasn't overly emotional before his arrest, she said, but after he was incarcerated, that changed.​

"These expressions of love are interspersed with you being asked to reach out and speak with Crown witnesses, right?" assistant Crown Attorney Tony Leitch asked. "Yes," Noudga said.

It is unclear if Noudga and Millard are still romantically linked.

[...]

Millard sings Oasis's Wonderwall

Noudga testified that she didn't actually speak to Millard that day, and that Millard's mother handed her the receiver at a pay phone.

"Madeleine called Dellen ... she handed me the receiver and he sang Wonderwall, by Oasis," Noudga said.

[...]

Creating a script

Millard also penned multiple letters where he concocted a story for Noudga to tell in the witness box, in which Smich already knew the Bosmas, and Michalski would be instructed to say that Millard wasn't there the night Bosma was shot.

Dellen Millard's letters from jail

 

[Coldpizza]

Tim Bosma trial: Christina Noudga now 'loathes' Millard, court hears
By Adam Carter, CBC News Posted: May 03, 2016

Christina Noudga fell out of love with Dellen Millard after he "got her arrested" on an accessory after the fact charge in the Tim Bosma case, court heard Tuesday at the trial of the two men accused of killing the Hamilton man.

Noudga, 24, returned to the witness box today as her cross-examination by defence lawyers began.

[...]

'Oh you poor thing you'

Dungey pressed Noudga harder than either the Crown or Millard's lawyers did, peppering her with questions about why she didn't call police when she surmised that Bosma's truck might be in the trailer she helped Millard move in May 2013.

[...]

Bosma's family members looked aghast during much of Noudga's cross-examination. Unlike several people connected to Millard or Smich who have testified at the trial, she has not shown remorse for not going to the police and telling them what she knew sooner.

 

[Coldpizza]

Millard’s ex-girlfriend’s ‘selective memory’ blamed on falling out of love with accused killer
Adrian Humphreys | May 4, 2016

HAMILTON, Ont. — Christina Noudga, the ex-girlfriend of Dellen Millard and star witness at his murder trial, mapped out a “brilliant idea” to blackmail future boyfriends who have a hidden criminal past.

[...]

She was no longer in love with Millard, she said.

“I absolutely have no feelings of emotion for him,” she said. After spending “four months of my life in a tiny box,” after her arrest, she said, she fell out of love with him.

“Over time I started to feel a contempt towards him,” and “a bit of a loathing.

“He put me in a situation I didn’t belong in. And he cheated on me,” she said, her voice growing louder.

[...]

Police found dozens of letters written by Millard in jail and smuggled to her. Also seized were draft letters to him and notes, like a diary, she said.

One of her notes is titled “Brilliant Ideas.”

Dungey then read a broken series of point form notes about a scheme to profit from the criminal life of future boyfriends.

 

[Coldpizza]

Tim Bosma trial: Courtroom erupts in laughter at Christina Noudga's testimony
By Adam Carter, CBC News Posted: May 04, 2016

Many of those in the courtroom laughed when Noudga testified she did not destroy evidence when she wiped down parts of a trailer that contained Bosma's truck, under the instruction of Millard's mother, Madeleine Burns.

"We didn't remove any evidence, we just removed our touching the trailer," said Noudga, who is charged with being an accessory after the fact. "At the time, we didn't see it as evidence." ​

[...]

'I can be a powerful weapon'

Dungey spent a large chunk of his cross-examination pressing Noudga about a series of notes she wrote that were found in her bedroom. In some cases, Noudga said, she had written portions of drafts of letters she was planning to have delivered to Millard.

In the end, she testified, she didn't send those drafts. Though Noudga kept most of Millard's letters, her letters to Millard were never recovered.

[...]

Noudga says police 'harassed' her

She also referred to the police investigation into her and Millard's charges as "harassment." Noudga refused to give a statement to police until she was arrested months after Millard was. She said a lawyer advised her not to talk to police.

[...]

The court also heard about how Noudga helped Millard move the incinerator in which the Crown alleges Bosma was burned. Dungey questioned how moving that incinerator in the middle of the night could be seen as part of a "regular routine."

 

[Coldpizza]

Murder suspect and girlfriend ‘deserve’ each other, Tim Bosma trial hears
By MOLLY HAYESThe Hamilton Spectator
Wed., May 4, 2016

Those were the final words put to 24-year-old Noudga as she wrapped up a five-day stint on the stand Wednesday at her former lover’s first-degree murder trial.

“I deserve you and you deserve me,” Millard wrote to her in a secret letter from jail back in January 2014, despite a no-contact order.

[...]

“You’ve done all these exploits the night before . . . and you’re saying you didn’t think any of that had to do with the truck . . . you didn’t put it together that this was kind of a strange night with the missions?” Dungey asked.

Noudga insisted she did not.

“You’re going to stick with that story because it will help you at your trial,” Dungey suggested.

 

[Coldpizza]

Tim Bosma trial: Millard's ex-girlfriend finishes testifying
CTVNews.ca Staff
Published Wednesday, May 4, 2016

 

[Coldpizza]

Tim Bosma trial: Millard won't testify, no word on Smich
By Adam Carter, CBC News Posted: May 09, 2016

Legal counsel for accused killer Dellen Millard announced in court Monday that their client will not testify at the trial of the two men accused of killing Hamilton man Tim Bosma.

Millard's lawyer Ravin Pillay said he is not calling any witnesses at all. The accused is not compelled to testify, even at a murder trial.

Lawyers for Millard's co-accused, Mark Smich, said they will call evidence at the trial.

Smich's lawyer Thomas Dungey did not specify whether Smich himself would testify. Dungey cannot call Millard as a witness.

The trial will resume on Wednesday morning.

Crown closes its case in Tim Bosma trial: Here's what comes next
By Adam Carter, CBC News Posted: May 10, 2016

After more than three months of testimony and over 90 witnesses, the Crown has closed its case at the trial of the two men accused of killing Hamilton man Tim Bosma.

The case is moving closer to a conclusion in the Ontario Superior Court, where evidence has been mounted against Dellen Millard, 30, of Toronto, and Mark Smich, 28, of Oakville, Ont.

[...]

Millard's name is first on the indictment, so the question was first put to his lawyer Ravin Pillay.

Pillay said no, meaning Millard will not testify. An accused person cannot be compelled to testify.

[...]

"My heart's racing. [It's] probably a combination of a quick workout, and [rehearsing] an [opening] address to a jury," he wrote.

As Smich's name is second on the indictment, Goodman asked his legal team if they would be calling witnesses after Millard. As the two legal teams are not presenting a united front (through what is called antagonistic defence), this gave Smich a possible tactical advantage.

Smich's lawyer Thomas Dungey said that he will call witnesses, but it's not yet clear if Smich will be one of them.

 

[Coldpizza]

Millard won’t testify in his own defence but Smich may take the stand at Bosma murder trial
Adrian Humphreys | May 10, 2016

Dellen Millard, accused of killing Tim Bosma in a high-profile truck-sale murder, will not be testifying in his own defence but his co-accused, Mark Smich, looks set to take the stand.

Millard’s lawyer, Ravin Pillay, told the jury Monday he was not calling any evidence or witnesses. The announcement caused a gasp from spectators who were convinced he would choose to testify.

However, Smich’s lawyer, Thomas Dungey, then told the jury he would be calling evidence in his client’s defence. That news brought a scowl to Millard’s face, who turned and glowered at his co-accused, sitting an arm’s length away at the same table.

Dungey did not specifically say Smich would be called, or if there would be more than one witness, but it is anticipated Smich will testify to try to rebut and redirect the prosecution’s evidence.

Smich’s new haircut, making him look particularly clean-cut and neat, strengthens that belief.

 

[swedie]

Witness List part 2 to date - March 24, 2016. 13 witnesses. For a total of 77.

Robert Gerard - Forensic scientist in the chemistry section of the CFS. Gave evidence regarding GSR.

Christianne Lys - Qualified expert on fingerprint analysis. Compared photo of DM's index finger, holding a gun in photo found on DM's computer, to his fingerprints on file. Matched.

Michael Plaxton - Qualified expert in forensic video analysis. Retrieved video surveillance from Super Sucker, Bobcat, hangar interior and exterior. Exterior camera re postioned week before TB's murder, aimed at wall of hangar rendering it useless for capturing movement at hangar property.

Craig Alma - gave police statement in May 2013. Semi-retired supervisor at GA Masonry, the business next to MA. GA Masonry had surveillance cameras which captured activity at MA. CA testified to seeing DM's Dodge leave hangar the evening of May 9th, made a u-turn on road and went back to hangar. Two males carried orange tarp from hangar and put in the back of DM's trailer.

Officer Steve Griffin - With the surveillance team in May 2013.

Robert Burns - DM uncle/MB's brother. Denied any involvement in the knowledge and plans for the incinertor. DM made claim he was going into cremation business with his uncle who was a veterinarian. RB testified "for altruistic reasons," he cared for DM sporadically while DM was growing up, after parents split. Characterized relationship with DM as "distant."

Spencer Hussey - Employee of Airway Aviation at Waterloo airport. Ground operations for WestJet, manages the ramp and baggage. In Sept/Oct 2012 he began working PT at Millardair (10-30 hrs a week) until March 2013. Was also still working PT at airway aviation. At MA he worked on cars, helped put up walls. "We've never seen an aircraft." Worked under SS. Went to Millard farm first time after being employed with MA only a few weeks to offload barrels of oil, gas cans, second time Feb. 2013 to remove hay from second level of barn. He was told DM was going to convert barn into a house. He saw The Eliminator in the barn, centre of barn, upper level.

Shane Schlatman - DM's right hand man/mechanic who was the only employee on payroll with MA (besides DM and MB). No planes ever worked on at MA. Ordered incinerator at DM's request, showed DM how to power it up. Built incinerator from oil drums, DM claimed not adequate. SS also built trailer for purchased incinerator. SIL of AJ the co-op student DM took on to do odd jobs at the hangar. Continued to be employed by MA under MB, until April 2015 when hangar was sold.

Mark Zivolak - retired forensics detective. Co-lead with Det. Annette Huys on forensics for this case. Took evidence from locked storage locker/room, boxed them, i.e., TB's remains, DM's washing machine (originally seized from Maple Gate house), gloves, toolbox, TB's toothbrush and shirt and delivered to CFS and filled out CFS submission forms. Will be recalled to the stand at a later date. According to Assistant Crown Attorney, there were thousands of exhibits seized in this case.

Lisa Whidden - On DM's "No Contact List." Claims she never gave statement to police. Giving testimony by subpoena. She met DM cold calling real estate ads. Had an intimate relationship with DM starting April or May 2012 until he was arrested. Most text messages between her and Millard were personal. Claims LE made her bleed while arresting her and seizing her cell phone.

Const. Patrick Mitchell - Hamilton police. He ran licence plates in relation to the case on vehicles found in the MA hangar.

Robert Bochenek - Childhood friend of Andrew Michalski. DM's and AM's housemate. Moved in mid April 2013, and moved out after DM was arrested. RB drove AM to the hangar on the eve of TB's murder to pick up AM's car. Took video of Camaro and other vehicles.

Javier Villata - JV knew Dellen Millard through his father WM, who gave him a job back in 2008. JV did construction/reno/odd jobs for DM. JV said he and Millard had started a company called Villata Homes. Millard was the owner and JV was the foreman. Their plan was to buy houses and renovate them and resell. But instead, JV, his four BILs only worked on DM's properties. JV rented apartments from DM and leased the red Dodge truck and for a time the white van belonging to MA from DM. Two days before TB's murder, DM contacted JV saying he needed to use the red Dodge truck for a week. This witness is not done giving testimony.

Crown's Witness List Part 3. Final 12 witnesses for a total of 89. ** witnesses who have provided testimony/evidence prior **

**Det. Mark Zivolak** - HPD. Continued his testimony. He collected evidence from 30 Speers Rd. MM's apartment and Montrose Abby Dr. MS's mother's house. Blue bag containing a blackberry box, MS's health card, ipad from Montrose Abby and other items not mentioned. At Speers address he found four cell phones in a garbage bag in the livingroom.

Sgt. Matthew Reed - HPD. Searched 307 Riverside Dr. Collected business card, "Dell Millard" w email and phone number. Reed was working that with an officer Caputo from Toronto Police. It was he who handed over the hose to Zivolak.

Officer Craig Leishman - HPD vice and drug unit. Involved in search at Montrose Abbey Rd. May 22, 2013. Toolbox found in MS's bedroom, shown to jurors.

Jennifer Plath - Expert forensic scientist in firearms department at the CFS.

Branden Daly - Friend to MS three/four years prior to MS's arrest. They smoke "weed" daily together.

Matt Haggerman - Childhood friend of DM. MH's mother was a housekeeper for WM and a friend of DM's grandmother. MH was involved in at least one theft DM carried out, a Bobcat. MH played "watchdog" for DM. MH and AM met DM in his parent's driveway at 4am, May 10th and DM gave him a toolbox containing a gun MH testified he did not know a gun was in the toolbox although "jokingly" he guessed in a text there were guns in it when DM asked him to take it for him. MH and AM drove to Oakville and dumped the toolbox and a backpack AM had, belonging to DM in a drug store stairwell.

Andrew Michalski - Friend of MH who introduced him to DM around 2006. AM live in the Maplegate house with DM five week prior to TB's truck theft and murder. AM was "in on" numerous thefts with DM. AM claims he did thefts for the "thrill. AM knew DM and MS were planning on stealing a truck because DM told him the weekend prior. AM had also done computer searches for Dodge Rams for DM.

Michael Ryder - Works with the OPP. Qualified as an expert in mobile forensics and data recovery. Extracted some information from ipad, Blackberry and media card from Blackberry.

Det. Const. Craig Harrison - HPD Expert witness for mobile devices forensics and data recovery. Harrison is a member of the High Tech Crime Investigators Association. He retreived deleted text messages from DM's and others cell phones. Very damaging text messages showing premediation.

**Jim Falconer** from the OPP. He has already testified once, and now is back to complete testimony. He retrieved messages between MWJ and DM re: DM purchasing the Walther PPK Feb. 10/12, arranged pick up on Feb. 13th and photo on DM's computer of DM holding the gun.

Elizabeth Meneses - She is the older sister (by eight years) of MM, MS's girlfriend. MM and MS lived with her in her one bedroom apartment from May 11th to 18th after DM's arrest. EM gave MS a pay as you go phone.

Marlena Meneses - Girlfriend of MS. MM was a "coke head" when she met MS and MS helped her withdraw from it. MM knew DM and MS were planning on stealing a truck and tried to talk MS out of it. She did odd jobs for DM. She claims one time DM asked he to do a "mission" with him and she refused. MS told her DM shot TB and incinerated TB, claiming he wasn't there and DM did "everything."

Officer Kerry Duench - HPD. She helped search Noudga's home in April of 2014, after CN was arrested and charged with AATF/HTE. Found letters from DM. CN was on DM's "no contact" list.

Christina Noudga - Girlfriend of DM's. Dated since 2010 until DM's arrest. One of the many women DM was involved with at the time. CN was arrested and charged with helping DM escape/accessory after the fact in April 2014. During testimony she claimed she had no idea DM/MS had murdered TB, couldn't recall a lot of information. She helped DM move the incinerator from the barn to an area on the farmland amongst trees and went with DM to unload DM's trailer in MB's driveway. Although she was on DM's 'no contact' list but the two were exchanging correspondence prior to her arrest via MB. CN was released on bail August 2014. Her parents are her sureties and her trial is scheduled for November 14, 2016.

 

[Coldpizza]

Tim Bosma trial: Mark Smich says Millard looked 'like a lunatic' after he shot Bosma
By Adam Carter, CBC News Posted: May 11, 2016

WARNING: This story contains graphic detail that might be troubling to some readers

Mark Smich says his co-accused, Dellen Millard, "looked like a lunatic" after he shot Tim Bosma.

Smich, 28, began testifying Wednesday as the defence opened its case in the first-degree murder trial being held in Superior Court in Hamilton.

The Oakville man said he wasn't in Bosma's truck when the shooting happened. He told the jury he was following the vehicle in Millard's Yukon that the two had driven to the Bosma home in the Hamilton suburb of Ancaster.

The two vehicles drove for a short while before Millard, who was driving Bosma's truck, swerved to the side of the road and stopped.

[...]

Testimony hits Bosma family hard

Smich's recounting of what allegedly happened on the fatal test drive appeared devastating for the Bosma family listening inside the courtroom, with Bosma's mother Mary running from the room, and his widow Sharlene crying with her head down. Bosma's mother didn't return.

[...]

Smich said he then accompanied Millard to his farm in Ayr, Ont. He told the court that Millard told him to check the gate and make sure they weren't being followed.

"When I got back, then I seen Mr. Bosma laying on what appeared to be some sort of a sheet," Smich said. "The passenger-side door of the truck was open. There was blood all over the whole left side of Mr. Bosma around his head.

"He proceeded to open the hatch of the Eliminator. He asked me ... he told me to help him put Mr. Bosma into the Eliminator, and I told him I can't.

 

[Coldpizza]

Dellen Millard killed Tim Bosma, Mark Smich tells trial
By MOLLY HAYES The Hamilton Spectator
Wed., May 11, 2016

HAMILTON—When he saw the bullet hole in the pickup truck’s passenger window, and Tim Bosma’s body slumped over the dashboard, Mark Smich says he panicked.

They were supposed to steal a truck — but murder hadn’t been part of the plan.

He turned to his friend Dellen Millard: “What the f--k is going on?”

In a stunning day of testimony Wednesday in Hamilton, accused killer Mark Smich, 28, took the stand at his first-degree murder trial to point the finger squarely at his co-accused Dellen Millard, 30.

[...]

There was no other guy in the Yukon, he knew — just Millard’s dog Pedo. But taking the hint, Smich got out and climbed into the Yukon. He said he followed them until they swerved and pulled over suddenly on a Brantford side road.

“Dell got out of the driver’s seat (of Bosma’s pickup) and proceeds to walk toward the Yukon, and he’s putting what looked like a gun in his satchel,” Smich testified. “I asked him what was going on, and he said ‘I’m taking the truck. I’m taking the truck.’ ”

 

[Coldpizza]

Mark Smich puts blame on co-accused Millard as he tells jury his convenient version of Bosma murder
Adrian Humphreys | May 11, 2016 | Last Updated: May 12

HAMILTON, Ont. — At the side of a dark road in Brantford, Tim Bosma’s body lay slumped against the dashboard of his pickup truck while Dellen Millard stood by, looking “like something came over him,” one accused killer said of the other. “He looked mad, like a lunatic.”

Mark Smich — charged alongside Millard with first-degree murder in the death of Bosma, who vanished on a test drive of a pickup truck he was selling online and his body then burned in an incinerator — took the stand in his own defence Wednesday, telling a dramatic account as damning of his co-accused as it was convenient for his own defence.

Smich’s version of the May 6, 2013, nighttime slaying puts before the jury a story absolving him of any plot to kill Bosma, with a claim he was trying only to help steal a truck coveted by his friend.

“The plan was to scope out the vehicle and come back afterward,” he said. “Always, the intention was to scope it out and then go back to steal it.”

Smich, 28, walked to the stand unshackled and looked clean-cut with a fresh haircut and red gingham collared shirt to be gently questioned by his lawyer, Thomas Dungey.

Much more at link^^^

 

[Coldpizza]

Tim Bosma trial: Mark Smich says he can't remember where he buried gun
By Adam Carter, CBC News Posted: May 12, 2016

Accused killer Mark Smich says he can't remember where he buried a gun that he believes was used to kill Hamilton man Tim Bosma.

Yesterday, Smich told the jury that his co-accused, Dellen Millard, shot Bosma inside the truck the 32-year-old was trying to sell. He said he wasn't inside the Dodge truck at the time — he was following behind in a Yukon owned by Millard that the pair had driven to Bosma's home.

Smich was back in the witness box in Superior Court in Hamilton today and testified he came into possession of the gun through Millard's former roommate, Andrew Michalski, who passed along drugs and a toolbox containing the gun after Millard was arrested on May 10, 2013.