Bosma Murder Trial 05.12.16 - Day 48

[CJPRINCESS]

$100 isn't going to get you inside most lawyer's offices......just saying.....can't see much point in selling something worth $1000 (was this the price?) for peanuts that wouldn't get him any further ahead......I'm back on the fence about MS's truthfulness (totally believe he's lying about the gun...but I can see why he didn't sell it for $100. MOO

Re the Gun texts with DM and MWJ. The price was $2,200 firm. Daly testified to wanting $1,000 from Bleach but he only had $100.

 

[EspressoBean]

I was always so curious about the gun and the response from MS today will make cross even more interesting IMO. He walks, bikes, skateboards...he knows the general area of where the gun might be IMO. It's way too convenient that he suddenly doesn't know. If only he just owned up and came to LE. Even the testimony of his sister telling him to get rid of everything was another sad mistake.

We already heard testimony about the sister and this conversation so I think him acknowledging it would make him more believable.

 

[EspressoBean]

And speaking of paying for a lawyer, who's paying for Smich's? His poor mom? Another life ruined by DM.

He would have legal aid, I assume.

 

[Massasauga Rattler]

I have a hard time believing he has NO idea where he buried the gun......and wasn't he under surveillance at the time? Not sure that was a strong close for TD.....MOO

If I were MS and really trying to cover up the gun location, I'd just make up a general area. Even if LE then went and searched and came back saying they could not find it, I would just say, "well that's where I buried it...perhaps someone found it and took it." At least he would have appeared to be more honest.

The fact he just says can't remember, either means he is just haphazardly lying through his teeth, OR doesn't in fact remember because he IS telling the truth and does not want to lie.

 

[spanishshara]

The holes in his story are intentional, IMO. Enough to cause doubt on a potential murder 1 conviction. He will definitely be pulled to pieces under cross. I still maintain that DM was the shooter and mastermind (I use that term loosely) but MS was just as complicit since he did nothing but go along with DM.

My opinion could change during cross but IMO they're both guilty of the charge.

 

[redheart]

The holes in his story are intentional, IMO. Enough to cause doubt on a potential murder 1 conviction. He will definitely be pulled to pieces under cross. I still maintain that DM was the shooter and mastermind (I use that term loosely) but MS was just as complicit since he did nothing but go along with DM.

Yes, and I'll add to that that MS was just as complicit since he went along with DM, and knew the general plan was to kill Tim and incinerate him.

Unless you believe his enthusiasm about the "fireworks" and texting of fireside furniture and sausages was just an act on MS' part, since he was still "scared and confused" from when DM suddenly up and killed LB and MS just happened to be such a big part of it that he is now charged with her murder.

 

[SuperSpy]

Anyone think that DM's lawyers will be successful in getting him on the stand after MS ? Would they really want to ? I guess they are in the position to see how cross examination goes first ?

 

[spanishshara]

We already heard testimony about the sister and this conversation so I think him acknowledging it would make him more believable.

IMO it doesn't really make him more believable. Just that that's his story and he's sticking to it. I don't believe he doesn't have a loose idea of where it could be and it's in his benefit to say he doesn't know.

 

[EspressoBean]

Not surprisingly, Dungey is very careful with his questioning following the murder, and MS is quite vague in his answers. No idea where the gun is? Really? Talk about full of ****. I am surprised Dungey even asked the question, knowing the answer. It just makes Smich seem like a liar, IMO.

On another note, if, as MS says, they were only scoping out a truck and would steal in later, one would assume they were also just "scoping" when the went out with Igor, in broad daylight, the day before. Why then, as Igor testified, did DM turn to MS following the Israeli army comment, and "you don't want to know what I did." If they were only scoping out the truck, why would he do that, as if to say "No way we are doing this?" Why not just finish the test drive, and agree later that it wasn't a truck they wanted?

Was it because they were planning to overpower Igor and when that comment was made, DM and MS decided that wasn't such a good idea because they were going to get their asses whipped? Why would DM have to turn around at all?

MOO

I will say, if a big, burly, gruff man says he was in the Israeli military and when asked what he did, he says, "you don't want to know," I'd likely turn and look at whoever was with me. I think that is almost reflexive.
Going on the test drive with Igor in the middle of the day, I have to believe that scoping it out or just taking a dry run fits at that point. jmo

 

[brightii]

I don't know if we have heard that he was under 24 hour surveillance. And he wouldn't have known that he was under surveillance. I can see it being believable that he might have gone, late at night, high and buried the gun. I also wonder if he told anyone where it was who might have gone to get it later. jmo

I think the media calling his sister was a good indication to MS that LE likely had him under surveillance, after all why would media know about him and not LE?

All MOO.

 

[CJPRINCESS]

I still say when he was offered a few hundred for it, he took it. Smich doesn't seem like the type to bury money.

Accordingly to Daly, only $100 bucks was offered.

 

[EspressoBean]

IMO it doesn't really make him more believable. Just that that's his story and he's sticking to it. I don't believe he doesn't have a loose idea of where it could be and it's in his benefit to say he doesn't know.

I am not saying that he doesn't know or that he is believable overall. I was just responding to the post regarding the statement that it was a mistake to testify about his sister and their conversation. He confirmed previous testimony which makes his story more believable than if he hadn't mentioned it.

 

[Bsafe]

I know these paths and they are identifiable by street. I don't believe that he doesn't know where he buried it - the general area. Why does he not want the gun to be found.?

"I was very scared at that time," Smich says. "I was confused. I ended up going out and burying the gun ... I jumped on my bike, rode out in the forest and buried it."
by Adam Carter 10:12 AM

Smich says he "buried it in the forest somewhere late at night." Dungey asks if he knows where he buried it, and Smich says there are "lots of ravines and paths" in Oakville. "Do you know where today that gun would be?" Dungey says. "No, I don't," Smich says.
by Adam Carter 10:13 AM

Smich says he didn't go to police with the gun because he had a criminal record, and he was worried they wouldn't believe him.
by Adam Carter 10:14 AM

 

[MorningStar22]

The fact he just says can't remember, either means he is just haphazardly lying through his teeth, OR doesn't in fact remember because he IS telling the truth and does not want to lie.

Excellent insight!

 

[Factoria]

Me too. I'm guessing that gun was used in another murder. Did DM own it when LB disappeared ?

The communication between DM and MWJ that was presented in this case related to a gun purchase that took place in February 2012. However, the charges against all three Matthews, which is allegedly linked to the gun used in the murder of WM, is reported to stem from a gun sale that took place between June 1 and July 30, 2012. IMO, this confirms that DM did, indeed, own more than one gun, AND that he did own the Walther at the time of LB's death. MWJ faces firearm trafficking offences from February and September 2012, in addition to the charges related to the June/July offence.

http://www.guelphmercury.com/news-story/4463220-bosma-case-charges-eliminate-hope-of-finding-babcock-alive/

According to court documents, Odlum is co-accused with two others — Matthew Ward-Jackson, 26, of Mississauga, and Matthew Jackson Wawrykiewicz, 28, of Aurora.
Police allege all three trafficked a gun between June 1, 2012 and July 30, 2012.

http://www.thestar.com/news/crime/2014/04/12/tim_bosma_murder_case_laura_babcock_dead_before_she_was_reported_missing_police_allege.html

According to the information filed in court, Odlum is co-accused with two others: Matthew Ward-Jackson, 26, of Mississauga, and Matthew Jackson Wawrykiewicz, 28, of Aurora.
Ward-Jackson is additionally charged with two other firearm trafficking offences from February and September 2012.

 

[Arnie M]

.

One word describes Smich's testimony this morning .... Evasive

 

[RandomName479]

If I were MS and really trying to cover up the gun location, I'd just make up a general area. Even if LE then went and searched and came back saying they could not find it, I would just say, "well that's where I buried it...perhaps someone found it and took it." At least he would have appeared to be more honest.

The fact he just says can't remember, either means he is just haphazardly lying through his teeth, OR doesn't in fact remember because he IS telling the truth and does not want to lie.

Good point. I hadn't thought of that.....I suppose if he did say a general area on the stand today though it would bring up the question why he didn't tell this to LE at any point during the last 3 years.

There are some holes in his story. I found him to be mostly believable yesterday. Now I'm not sure what to think. I think TD had to address the gun.....if he didn't it would be a huge red flag for me if I was a juror. Wish I had been in the courtroom.....would be helpful in determining if he was lying or not....

Regardless, I absolutely believe this was DM's plan and that DM was the one who shot TB. So for me DM's guilty verdict is a no brainer (I won't go into all of the evidence....you know what it is and how much there is). If DM is allowed to testify I can see him trying to blame the murder on MS....that MS brought the gun.....but he can't explain away his letters. That coupled with his courtroom behaviour have left me with no doubt we are dealing with a sociopath or psychopath.

All MOO

 

[Massasauga Rattler]

That was a lot of lead up to nothing. Odd place to leave off.

Geez, could they not have finished that off yesterday? Not to make this about taxpayer money, but that 15 minutes in court today probably cost the system at least $100k, not to mention the jury having to miss another potential day of work or some other activity, as well as the time of all the spectators who, despite the fact they are just spectators, are there playing an important role in monitoring the legal system on behalf of the people.

 

[don_quixote]

Is there any chance that legal arguments relate to introducing the gun as evidence? Perhaps it has been found? I might have jumped into the deep end of wishful thinking here!

I think not a single chance, unless DM says "I shot Tim Bosma out of Walther PPK serial #...".

 

[CJPRINCESS]

He corrected Dungey on the "guns" to "drugs" mistake. So he is paying attention to questions. I think Pillay will try and trip him up, but MS will be fine. I guess we'll find out Monday.

Does anyone know who crosses first? Crown or defense?