Bosma Murder Trial Daily Recap

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bessie

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This thread will provide a recap of each trial day, including witnesses and a synopsis of their testimony.

Who's Who (to be updated as the trial progresses)

Defendants
Dellen Millard, 30 - charged with first degree murder in Bosma's death
Mark Smich, 28 - charged with first degree murder in Bosma's death

Justice Andrew Goodman - presiding judge

Crown Attorneys
Tony Leitch - lead prosecutor
Craig Fraser
Brett Moodie

Defence Attorneys
Ravin Pillay - representing Millard
Nadir Sachak - co-counsel for Millard
Thomas Dungey - representing Smich
Jennifer Trehearne - co-counsel for Smich

Witnesses
Adams, Sergeant Ben - Hamilton PD, homicide unit in May 2013 - Day 9
Araujo, Denni
s
- seller of a Dodge truck - Day 3
Bosma, Sharlene - Tim Bosma's widow - Day 1
Bullman, Rick - neighbor of the Bosmas - 5
Cianfarani, Frank - Kleinsburg, Ontario, neighbor of DM's mother, Madeline Burns - Day 6
Consiglia, John Luca - Kleinsburg, Ontario, neighbor of DM's mother, Madeline Burns - Day 6
De Boer, Wayne - Tim and Sharlene Bosma's downstairs neighbor/boarder/friend, Days 1 and 2
Diciano, Tony - body shop owner - Day 5
Felske, Detective Robert, Halton PD - Crown's fingerprint expert, Day 2
Fortier Danielle - Rogers Corp., senior investigator in corporate investigations - day 6
Gibson, Detective Brent - Hamilton PD (working in homicide unit, May 2013)- Day 7
Gordon, Andrew - Niagara Regional Police - Day 9
Granatier, Officer Jennifer - Hamilton PD - Day 5
Hamilton, Det. Sgt. Paul, Hamilton PD - Day 3
Huys, Sergeant Annette - Hamilton PD, forensic services branch - Day 10, Day 11
Iaccio, Sal - senior corporate security analyst with Wind Mobile - Day 5
Jackson, Det. Sgt. Greg, Hamilton PD - Day 3
Jennings, Arthur - Millard Air employee; secretly photographed TB's truck - Day 4
Kancer, Jesse - Tim Bosma's friend, was at Tim's home the evening of May 6, Day 2
Kingswood, Clark - owner of Kingswood Industrial Services - found Tim's phone, Day 3
Kovacsik Randy, Hamilton PD - retrieved TB's phone from Elizabeth Roswell, Day 3
Lassalin, Steve - Hamilton PD, attempted to obtain surveillance video of a cell phone purchase, Day 2
Lauridsen, Erik - seized a video from residents in the Kleinsburg area - Day 8
Levangi, Const. Mark - York Regional Police - Day 6
Main, Chaz - Rode his bike on DM's Ayr farm property, led LE to the Eliminator and excavator - Day 10
McLellan, Detective Constable Laura - Halton PD, did identification work for Hamilton PD related to the trial - Day 8, Day 9
O’Rourke, Colleen - fingerprint expert, Halton RP - Day 7
Oxley, Sgt. Stuart - Hamilton Police Department - Day 5
Palmili, Omar - seller of a Dodge truck - was contacted by DM - Day 4
Roswell, Elizabeth - supervisor of Kemira business where TB's phone was found - Day 3
Peckford, Sgt. Philip - Hamilton PD, vice and drugs unit - Day 9
Sauve, Officer Don - Hamilton PD - Day 5
Tocher, Ryan - Hamilton PD, homicide unit, May 2013 - Day 9
Troubridge, Officer Lauren - Hamilton PD - Day 7
Tselepakis, Detective John, Hamilton PD - Technological Crimes Unit - Day 3
Tumanenko, Igor - seller of a Dodge truck - Visited by DM and MS in response to "for sale" ad - Day 4
Weick, Det. Const. Cory - York Regional Police - Day 6
Wilkerson, Phillip - OPP intelligence analyst - Day 7, Day 8
Wood, Chris - general manager, Waterloo Airport in 2013 - Day 7
 
  • Millard and Smich arraigned; first degree murder charges read. Both plead not guilty.
  • Opening remarks and jury instructions by Justice Goodman
  • Juror excused; alternate steps in.
Opening remarks by Crown prosecutor Craig Fraser

  • Describes Tim Bosma's truck: "For sale by owner, 170K, Dodge Ram, mostly highway driven, 2007, extended cab, short box. New transmission, new breaks. $24K ask."
  • TB's blood found in various areas inside the truck, and on the undercarriage.
  • Truck stripped, partially burned.
  • Spent .380 caliber cartridge found in truck
  • 58 bone fragments, two "virtually complete" bones, and a tooth found in the incinerator, i.e. "Eliminator".
  • TB's blood found on Eliminator
  • " Crown says Bosma was killed in his truck, shot at close range, and then his body incinerated hours later."
  • "...the accused's cell phone records show them travelling through GTA, to Oakville to just outside Bosma’s home on May 6, 2013 -- the day he disappeared.
  • Cell phones turned off immediately afterward
  • "Video from a nearby business shows Bosma's truck towing the eliminator, which was then ignited on May 7, Crown says."
  • Millard sent text to employees instructing them not to report for work the next day.
  • "Airport politics. No one goes to the hangar today. Not even just to grab something," the text read.
  • An employee saw TB's truck in the hangar the following day, photographed it, and sent to Crime Stoppers.
  • Millard planned to paint TB's truck and remove decals.
  • Smich unsuccessfully tried to sell gun. Later told girlfriend he buried it in a forest.
  • Letters found in the home of Millard's girlfriend, Christina Nougda, show he wanted her help to convince a witness to change his statement: “If he knew his words were going to get me a life sentence, he would change them. Show him how he can, and he will change them," Fraser says.
  • A DVR in Nougda's bedroom shows Millard and Smich in the hangar at around 1:30 A.M. on May 7, 2013. Crown claims that is when TB's body was burned.
WITNESSES

Sharlene Bosma - direct by Crown lead, Tony Leitch
  • Witness responds to questions about how she met TB, and their life together.
  • Describes Tim as having strong personality, character, but never violent.
  • Details the events of the night of May 6, 2013, when two men arrived at the Bosma residence to see the truck, and provides descriptions.
  • Saw the men as they walked up driveway, one talking on cell phone. No car in sight.
  • When about 5-10 feet away, heard "cell phone guy" say they were dropped off by a friend who went to Tim Horton's.
  • "Sharlene now describing the men who came to her home. The man on his cell phone was about 6'1 with a medium build, about 175 pounds. He was white, with no accent, she says. No glasses, with clean cut, light brown hair and a scruffy beard. She says he was in his early to mid 20s."
  • "The second man was farther away, she says, a couple feet farther away from her. He was shorter, about 5'10 or so. He was shorter than Tim. He was wearing blue jeans and a large red hooded sweater with the hood up. It was hard to tell his build under the sweater, she says." Stated second man was "sketchy", hung back, eyes averted."
  • Tells of her concern when Tim didn't return after about an hour. Texted downstair's neighbor who went to look for them at Tim Horton's.
  • When he returned, they debated whether to call police.
  • SB went to nearby bar thinking she might find them. Called police on the way. Police said they'd meet her at bar.
  • Police went to house with her. She checked Tim's banking history online, no activity.
  • Called CIBC and provided number to call police if banking transactions showed up.
  • Gave video statement to police the next day. Said she'd previously never seen Millard or Smich.
Cross Examination by Millard lawyer, Ravin Pillay
  • Questioned about the second man, the one in hoodie she called "sketchy".
  • "Sharlene says she was watching what was happening at the time, and how the two men examined the truck with her husband. She was having another conversation at the time."
  • Pillay asks if she remembers Smich with a backpack. SB replies, "No."
Wayne De Boer -- direct by Crown
  • He and Tim started as landlord and tenant, but became good friends.
  • Present at the house on May 7, witnessed events between Tim and the two men.
  • Also heard Tim tell the men, "you didn't have to park so far away"; and the response from the one with the phone who said a friend had dropped them off and gone to Tim Horton's.
  • States he could make out the faces of the two men even in darkness with help from garage lights.
  • First man: 10' away, 6'1", slim, muscular, confident, "athletic", sandy hair, about mid-20's. Friendly, made eye contact with Tim.
  • Second man: 5'9", red hooded sweater, hands in pocket, hood up, darker hair, shorter than the first man. Reclusive, "tried to stay away".
  • Watched men inspect outside of car only a minute, and then slowly drive away with Tim in front passenger seat.
  • "I felt like it was a weird situation to be in - just how quickly everything had happened," Wayne, the downstairs nieghbour said. Wayne then made a joke to try to diffuse the situation: "That was weird, that might be the last time we ever see him."
Source with additional details: http://www.cbc.ca/news/canada/hamilton/news/tim-bosma-court-day1-millard-smich-trial-1.3426062
 
WITNESSES

Wayne De Boer - Bosma friend and downstairts neighbor; testimony continues from the previous day regarding events on the evening of May 6 just prior to, and after, TB left with the two men.

Jesse Kancer - Tim's friend; was visiting with TB at the Bosma residence the evening TB received the phone call from prospective buyer answering an ad about the truck.

Steve Lassalin, Hamilton Police Officer - Visited a cell phone store to speak with a rep, and attempt to obtain surveillance video. No video was available, but he was given a bill of sale made out to "Lucas Bate".

Detective Rob Felske, Halton PD - Crown's fingerprint expert; discussion of fingerprint analysis. Felske matched a right thumbprint found on the truck's rearview mirror to a fingerprint from Dellen Millard.


https://twitter.com/MarkCarcGlobal

http://www.cbc.ca/news/canada/hamil...nside-tim-bosma-s-truck-court-hears-1.3430909

Discussion Thread Day 2
 
WITNESSES

Det. Sgt. Greg Jackson, Hamilton Police Department

  • An initial investigator on the missing person's case
  • Described by the Crown as an integral part of the investigation.
  • Was a file manager on the case, responsible for gathering, collecting, sorting and organizing evidence.
  • Searched cell phone records to obtain info on the phone number used to call TB on May 6, and the subscriber.
  • Number was 6473032279 and came back to a "Lucas Bate"
  • Stated TB's phone went inactive shortly after he went missing.
  • Traced a number to Igor Tumenyenko, another man who ran a for sale for a Dodge Ram, and who was visited by two men matching the description of the men seen by Sharlene Bosma at her home.
Discussion continues with regard to cell phone history, pings, gathering info and evidence from Tumenyenko and his truck, the "Ambition" tattoo, and the eventual identification of Dellen Millard as the individual with whom Tim Bosma exchanged phone calls on May 6.

Towers that communicated with DM's known phone number and the "Lucas Bate" phone:
5:13 p.m. in Etobicoke, also at 5:53 p.m.
7:59 p.m. in Oakville also 8:13 p.m.
At 9:02 p.m. the phone was in Ancaster.
At 9:44 it was in Brantford
At 11:48 p.m. it was in Cambridge

Det. Sgt. Paul Hamilton, Hamilton Police Homicide Unit
  • Called on DM at MillardAir
  • DM put under surveillance and arrested later the same night
  • Interviewed Dennis Araujo in Waterloo, owner of a '519" number called from the Bate phone.
On cross by Pillay, DM's lawyer, questioned about a satchel Hamilton testified DM took out of a desk and put over his shoulder. Pillay asked whether DM tried to hide the satchel.

Det. John Tselepakis, Hamilton Police Department, technological crime unit
  • Discussed Wind Mobile phone registered to "Lucas Bate", with address listed as 350 Kipling Avenue
  • Second number attached to same account: 416 255 5555.
  • Checked towers where TB's phone pinged on the night of May 6. There were two in Brantford.
  • Accompanied Hamilton to Waterloo to interview DM. Mentioned the beige and white satchel DM put over his shoulder.
Dennis Araujo
  • Tried to sell a 2006 black Dodge pickup on Autotrader
  • On May 3,at 8:22 p.m., was contacted from the Bate phone, 6473032279 number.
  • Missed the call; tried to call back; no answer and no voice mail
  • Doesn't know DM or Lucas Bate
Nadir Sachak, Millard co-counsel, cross examined. Asked for specifics about the truck.

Clark Kingswood, owner of Kingswood Industrial Services in Brantford
  • Was mowing grass at a business when he found TB's phone
  • Picked it up and continued cutting the grass
  • Later turned it in to a supervisor in the business's office
  • Supervisor called police who contacted Kingswood for an interview
  • Had cut grass previous week
On cross by Pillay, asked if the phone looked tampered with. Answered no.

Elizabeth Roswell, supervisor at the Kemira business
  • Received the phone from Kingswood
  • A lot of "bird crap" on the phone
  • Cleaned it up and turned it on
  • Texts popped up with a "whole bunch of dinging"
  • Found number for "home", called and spoke with TB's sister
  • Police were called and arrived to retrieve the phone
Cross examined by Pillay. Asked if phone was functional.

Randy Kovacsik, now retired police officer
  • Was one of the police officers who went to Kemira to retrieve the phone
  • Watched an hour's worth of the business's surveillance video from the night TB disappeared
  • Phone was turned over to forensic services
Cross examined by Pillay. Time stamp on surveillance video differed from phone by 26 minutes.

Trial Day 3 discussion thread

[url]http://www.cbc.ca/news/canada/hamilton/news/tim-bosma-trial-day-3-hamilton-police-officer-to-testify-1.3431472

[/URL]
 
WITNESSES

Omar Palmili, seller of a black Dodge truck
  • Received call about his ad on May 3 from a 647 number
  • Didn't answer because he didn't recognize the number
  • Called the number on Saturday, but no answer. Phone was out of service.
  • Received and answered a call from same number on Saturday
  • Caller stated his name as "Evan" or "Avn"
  • Caller asked why he was selling the truck. Test drive arranged.
  • Caller was going to call when he was on the way on Sunday. Palmili fell asleep and missed the call
  • Witness doesn't know Millard or Lucas Bate
Cross examined by Millard lawyer Nadir Sachak
Cross examined by Smich lawyer, Thomas Dungey

Arthur Jennings - Millard Air employee
  • Secretly photographed the truck and its vehicle information number.
  • father-in-law of Shane Schlatman
Igor Tumanenko - seller of a Dodge truck
  • Placed online sales ad similar to the one posted by TB
  • Went on test drive with two men who contacted him from the ad
  • Described "Ambition" tattoo on taller man's wrist
  • Smich rode in back seat
  • Turned in a 12-page report of the test drive to police
Cross examined by Nadir Sachak

Trial Day 4 discussion thread

http://www.scribblelive.com/Event/Tim_Bosma_trial_Feb_4?Page=1
 
Witnesses

Igor Tumanenko - seller of a Dodge truck

Cross examination by Nadir Sachak
Cross examination by Thomas Dungey

Tony Diciano - owns a body shop
  • Has known DM 7-10 years
  • DM wanted him to change the color of a truck from black to red
  • Wanted it in a rush
  • Diciano also asked about the truck's interior. "I stripped it down, but we'll leave it black," Diciano says Millard told him.
Cross examination by Pillay

Rick Bullman - neighbor of the Bosmas
  • The night of May 6 saw "two vehicles pull out of his father's place -- a dark truck and a second vehicle pulling out right behind it. 'I thought that was odd,' Bullman says. The vehicles went down Book Road towards Brantford that night, he says."
  • "The next day some people came up to my house and passed out the fliers and said that Tim Bosma was missing. And I thought that was strange. Somebody needed to know about this."
Cross examination by Nadir Sachak

Sgt. Stuart Oxley, Hamilton Police Department
  • Testified about DM's arrest on May 10
  • DM was boxed in at a stop sign
  • “I approached the car myself with my gun drawn. He looked over at me and put his hands up," Oxley said.
    “I said, 'Are you Dellen Millard? He said yes.'" He was then arrested.
Officer Don Sauve - Hamilton PD
  • In the surveillance unit with Sgt. Oxley
  • He was the one who cuffed DM. Found a bundle of cash and three black leather gloves in his right front pocket.
Officer Jennifer Granatier - Hamilton PD
  • Assigned to collect cast off DNA from C Nougda
  • Retrieved a discarded drinking straw
Sal Iaccio - senior corporate security analyst with Wind Mobile
  • Being qualified as a cell phone communications expert
  • The Bate phone had been powered off since 9:23 p.m. on May 6 2013, he says. The last tower it pinged off of 1532 Wilson Street West in Ancaster.
  • The customer name and address report on the Bate phone is Lucas Bate, at 350 Kipling Avenue in Etobicoke. It was prepaid, and activated on March 11, 2013. That location was later revealed to be a school. There was no Bate there.
  • Testimony regarding cell phone records continues through the afternoon with cross by Pillay
DM's arrest photo and tattoo photos at the link

WS discussion thread: Bosma Murder Trial 02.08.16 - Day 5

http://www.cbc.ca/news/canada/hamil...-body-shop-about-repainting-a-truck-1.3438206
 
Witnesses

Frank Cianfarani - neighbor of DM's mother in the Vaughn area of Kleinburg, Ont
  • Reporter visited his home on May 11. "I did notice there was a trailer in the background of the photo - and that same trailer was parked in the driveway next to my home," Cianfarani says.
Cross examination
  • Witness says trailer was out in the open and could be seen from the street
Gian Luca Consiglio - Tinsmith St resident in DM's mother's neighborhood
  • Stated to police that late Thursday night, or early Friday morning, he saw bright lights through his bedroom window.
  • Saw dark colored truck dropping off the trailer in the Burns driveway
  • Truck had orange running lights above windshield
  • He could not see driver
Cross examination by Dungey - question

Danielle Fortier -Rogers Corp., senior investigator in corporate investigations, cell phone communications expert
  • examined six phones upon request by LE
  • asked about an emergency disclosure request for the phone number 6478923355, DM's phone
  • Review of DM's cell phone records and cell tower records
  • There's one hit on Paris Road in Brant County and also a tower in Ancaster at 9:02 p.m. on May 6, 2013.
  • Testimony about two cell phones associated with MS and his girlfriend Marlena Meneses
  • She had two Rogers phones, one being a prepaid with user name "Juice".
  • Subscriber informaiton for Christina Nougda, Shane Schlatman, and Teresa Michalski (sister of DM's roommate, Andrew Michalski)
Cross examination by Pillay and Dungey

Const. Mark Levangi - York Regional Police
  • Was dispatched to Tinsmith St. on may 12
  • "The trailer was backed into the driveway very very close to the house."
  • No one was home
  • Recorded trailer's VIN number
  • Side door of trailer was padlocked
  • "It was expressed to us that there were urgent circumstances, that a missing person could essentially be inside the trailer," Const. Levangi says.
  • Emergency Response Unit arrived with bolt cutters.
  • Recorded VIN number of black truck inside trailer.
  • Truck sealed at 3:35 p.m. to preserve evidence.
Det. Const. Cory Weick - York Regional Police
  • acting patrol sergeant the night the truck was found in the trailer
  • A man had called in to say reporters wer in the neighborhood asking questions about DM's arrest, and a trailer had shown up in MB's driveway.
  • Called Hamilton PD to let them know what he'd learned
  • Trailer was parked so close to garage, some lights had been busted out.
  • “It appeared to me this was done either to conceal the licence plate or to prevent the rear door from being opened," Weick says.
  • "When we did open the door, I could see there was a black pickup truck inside."
  • "The interior of the truck appeared to have been partially stripped."
  • Observed a tarp, ramps, and car parts in the trailer
  • When he checked VIN numbers, was told the truck was TB's, and the trailer was registered to Millard Air, Inc.

WS discussion thread: Bosma Murder Trial 02.09.16 - Day 6

http://www.cbc.ca/news/canada/hamil...-at-home-of-dellen-millard-s-mother-1.3439791
 
Witnesses

Detective Brent Gibson - Hamilton PD (working in homicide unit, May 2012)
  • Part of the escort which followed the trailer from the driveway to Hamilton PD
  • His name is on the trailer's seals.
  • Viewed a neighbor's security video showing a truck towing the trailer past a long driveway.
  • Trailer brought to Metro Transport (secure facility used by police) at 9:06 p.m.
Cross examination by Pillay
  • No lock on back of trailer
  • Unrelated vehicles were in the transport facility
Cross examination by Dungey
  • Trailer was parked so close to garage the rear door could not be opened
Officer Lauren Troubridge - Hamilton PD
  • Escorted trailer from Metro Transport to OPP
  • "The vehicle was going to be transported to Tillsonburg for forensic examination."
  • Had two warrants: one for trailer, and one for the truck.
  • She was following truck towing trailer when rear doors popped open at Gulf Links Rd. "It was very heavy traffic at that time."
  • Cardboard box fell out, and she ran over it with her car.
  • Nothing else fell out of trailer.
  • She honked, but driver didn't hear her.
  • Three minutes and 2 km later, truck pulled over.
  • "The lock wasn't actually securing the doors closed."
  • Truck driver secured rear door with blue wire.
  • "When I came back to central station I met up with another officer who had initially gone to check the highway for me. I had her drive me back to the 403 to search for the box."
  • She found a box she believes was the same one that fell our of the trailer
Cross examination by Pillay
  • Troubridge didn't take measures to secure the read doors.
  • Acknwledges she knew it was important to deliver trailer undisturbed because it was to undergo forensic examination.
  • "You didn't secure the trailer at that moment with another lock?" Pillay asks."I didn't have one," she answers.
  • "I guess I could have done a few things, but I secured it with a wire. That's all we had,"
  • "You don't know if it's the same box," Pillay says. "I know it's the same box, I saw it come out of the trailer," she says.
  • Other cars ran over the box.
  • She didn't have a lock to secure trailer at Tillonsburg (where trailer was delivered for forensic exam).
Cross examination by Dungey
  • Wire was still secure when trailer reached OPP facility at Tillonsburg.
Colleen O’Rourke - fingerprint expert, Halton RP
  • Lifted a print from truck's driver's side door, right door handle.
  • Explains levels of detail: pattern types, loops, whorls and arches, and the overall ridge flow on fingerprints.
  • "It is my opinion that the unknown impression on Tim Bosma's truck was authored by the left ring finger of Dellen Millard,"
Cross examination by Pillay
  • Location of print would suggests a person opening the door to enter the vehicle.
Chris Wood, general manager, Waterloo Airport in 2013
  • Millard Air occupied the airport's largest hangar, about 50,000 feet.
  • June 8, 2013, police asked witness if "airport politics" were going on May 7, 2012.
  • "There were no airport politics," Wood says. "There have never been a time when airport politics would have closed a businesses at the airport."
Cross examination by Dungey
  • There was no maintenance underway at the hangar in May 2012.
Phillip Wilkerson - OPP intelligence analyst
  • Interprets phone records for presentation by OPP
  • Created PowerPoint presentation of source records from Dellen Millard, the Lucas Bate phone, Mark Smich, Marlena Meneses (Smich's girlfriend), Christina Noudga (Millard's girlfriend) and Tim Bosma.
  • (See link for details of the respective phones' activities/movement.)

WS discussion thread: Bosma Murder Trial 02.10.16 - Day 7


http://www.cbc.ca/news/canada/hamilton/news/tim-bosma-trial-wed-1.3441545
 
Witnesses

Phillip Wilkinson - OPP intelligence analyst
  • Testimony continues from previous day regarding cell phone activity
  • Communications beginning the morning May 7 at DM's farm and the airport hangar, through May 10 - see details at the link.
Cross examination by Pillay
  • Not every text or activity is in Wilkinson's report
Cross examination by Dungey

Erik Lauridsen - seized a video from residents in the Kleinsburg area
  • Video captured on Westridge Drive by homeowners who set up a DVR to record video from a camera on their property.
Cross examination from Pillay regarding accuracy of timestamp

Det. Const. Laura Mclellan - Halton PD, did identification work for Hamilton PD related to the trial
  • Took 666 photos over a four day period; a total of 836 photos were taken.
  • Was asked to examine the trailer with Bosma's truck inside.
  • First called to the trailer at the Hamilton security bay.
  • Photographed truck, and checked seals on the trailer's three doors.
  • "It was sealed. We didn't break any locks or open any doors,"
  • No prints found on exterior of trailer.
  • VIN number taken from trailer. Number on warrant was off by a couple of digits.
  • "When we opened up the trailer ... we could see blood on certain exhibits." No blood detected on exterior.
  • Sixty four swabs sent to CFS for DNA profiling.
  • No license plate on truck, but they got the VIN number.
  • Truck examined May 14-17, 2012.
  • Court views photos of opened trailer. "There are no seat cushions left, it looks like it had been set on fire."
  • Twenty three fingerprint impressions found inside.
  • Dealer emblems missing from truck. They were found inside trailer.
  • Green tarp contained "suspected blood staining".
  • A local tow truck driver with a flatbed was called to remove truck from trailer. Truck was stuck because front wheels were slightly turned.
  • Local dealer cut a key. Officer entered side door of trailer and climbed through window of truck to unlock steering wheel.
  • Officers collected soil and vegetation samples from tires.
  • From an outside view, dark red staining could be seen inside of truck. "It was dark red and dark reddish brown staining. Some of them had drip marks with them."
  • Windows all down except front passenger window which was partially broken.
  • Photos shown of truck's interior.
  • A spent shell casing appears in one photo - "WIN 380 AUTO."
  • "I don't remember there being any glass on the floor of the interior of that vehicle."
  • Gunshot residue testing on driver's side door, the driver's side rear door, the passenger door panel, the rear passenger door panel, the roof liner above the seats and the dashboard
  • Photo shown of front passenger door. "When we opened it up, along the very bottom edge of the weather stripping ... there were a lot of various blood stains along the bottom."
  • A box cutter/utility knife found on floor of front passenger seat.
  • Blood stains underneath truck where seatbelt assembly attaches; also on muffler.
  • "When we opened it [front passenger door] up, along the very bottom edge of the weather stripping ... there were a lot of various blood stains along the bottom,"
  • Blood found where seat bolts to floor and in hole in the floor pan.

CBC Live Blog

WS discussion thread: Bosma Murder Trial 02.11.2016 Day 8
 
Witnesses

Detective Constable Laura McLellan - Halton PD
  • Testimony continues from previous day
  • Blood on underside of muffler, in treads of rear passenger side tire
  • Rear axle of passenger side tire - "It's one of many blood stains in that area,"
  • Blood found on cellphone Otter Box in rear the truck.
  • Blood on handle of glove box and other areas around dash.
  • A laser used to study that front area showed a "big reaction".
  • Blood found on heating A/C control panel, center back seat cushion, roof liner above visor, pocket of driver's door, rear driver's side door, and piece of trim from passenger door.
  • Glass removed for testing from broken passenger window and frame
Cross examination by Pillay
  • A leather couch, a computer desk, two mattresses, a backpack, and a box of papers also found inside the trailer (per Pilllay)
  • Those items were not tested for DNA, only fingerprints.
  • Twenty three fingerprints taken from truck. VIN was in place.
  • Investigators not in full protective gear until they examined truck.
  • Witness admits she was somewhat surprised to see facility where truck was kept.
  • Only yellow tape separated truck from area where mechanics were worked on other vehicles.
  • It was a fully functioning garage. "We didn't want all the onlookers. That's not how we do our work,"
  • Pillay asks about a winch attached to front of trailer and a battery. McLellan said it appeared situated to pull a vehicle into the trailer.
  • Her role was to take photos and swab the truck and trailer. Did not work on the GSR testing
  • Did not take photos of GSR testing. Areas still had to be swabbed for blood and fibers collected, and did not want to mark the untested areas.
Cross examination by Dungey

  • Dungey asks about statement that police went through one side door to unlock steering wheel. "Contrary to the evidence, if he went in to that door, he would be in the back of the trailer." Dungey says. "If you open that door, you couldn't possibly reach the cab."
  • Dungey asks why the officer was not photographed entering the truck. "We don't take action photos of what we're doing,"
  • Dungey says it would be almost impossible for officer to enter cab the way it is described.
  • Dungey asks if officer could have contaminated scene. "I guess it could, yes,"
  • Dungey continues with challenges in regard to the examination of the truck and trailer, and accuracy of the witness's recollection, and lack of notes and photos.
Re-examination by Tony Leitch
  • Leitch asks if witness took any notes. Yes, at the beginning of each day.
  • Witness tells court about doing a fiber taping pat down. Also says she saw Officer Banks remove the shell casing.
Andrew Gordon - Niagara Regional Police
  • Testifies as part of the forensics unit about items found in DM's SUV
  • First came upon DM's GMC Yukon at Hamilton police garage.
  • Court sees photos. Yukon with police seals, is on rollers used to roll it inside Hamilton police garage at Central Station.
  • Interior of Yukon, beige bag on passenger seat.
  • Stack of plastic cards and some change between front seats: DM's driver's license, health card, various credit/bank cards
  • Key in ignition attached to carabiner holding other keys, including Tim Bosma's truck key.
  • Photo of the beige satchel shown to the court.
  • Red duffle bag in back of Yukon with folder inside.
  • Documents inside refer to purchase of an incinerator on June 12, 2012.
  • The cremator unit plus afterburners and freight cost over $15K, and was shipped to MillardAir back in 2012.
Ryan Tocher - Hamilton PD, homicide unit, May 2013
  • Took keys from Yukon to OPP identification facility in Tillsonburg, Ont. Bosma's truck was being held there.
  • Broke seal and tried remotely to lock and unlock the truck. He also started up the truck with the key found in DM's Yukon.
  • "Yes, I went up through the bed and in through the driver's side window and it started."


CBC Live Blog

Exhibits

WS discussion thread: Bosma Murder Trial 02.16.2016 - Day 9
 
Witnesses

Chaz Main - May of 2013, Main was at a property in Ayr, Ont. at 2548 Roseville Road.
  • Examination by Assistant Crown Craig Fraser
  • Friend's dad owns neighboring property. Has taken his dirtbike or snowmobile onto the 2548 property over 100 times.
  • Farmer would let him use the property for a case of beer and a bottle of Crown Royal.
  • Doesn't know DM
  • Was riding his dirtbike on property when waved over by police. Spoke with plainclothesman, Sgt. Ben Adams
  • He asked about commotion, and said he was aware of a missing person from news reports.
  • "I told them about a bunch of really weird activity, like a big redneck smoker in the woods and an excavator in the swamp."
  • "I showed them the location of the Eliminator and the excavator ... and the burn marks."
  • Eliminator was found near a tree line.
  • Main described Eliminator as a "big, redneck smoker".
  • Took pictures of Eliminator on May 10. "Because nobody would believe me that it was there probably. If you told someone there was this brand new trailer and a big redneck trailer in the middle of the bush and people doing an engine swap in the middle of a preserved swamp ... I wouldn't believe it."
  • Found two burn sites about 40' from the tree line when he was escorting police through the swamp.
  • Wouldn't have noticed them before because he rides too fast through that area.
Cross examination by Sachak
  • Until May 11, witness never had been told to get off of the property.
  • Was on the pathway on May 8.
  • No barriers to pathway, never was told he couldn't walk there.
  • Excavator had been on in swamp since winter. Had seen it several times. "The excavator I know blew the motor."
Cross examination by Dungey
  • Excavator could be seen from one of the fields.
Sergeant Ben Adams - Hamilton PD, homicide unit in May 2013
  • Called to help with Bosma missing person investigation on May 10
  • Was at the Ayr farm on May 11 to investigate forcible confinement of TB and theft of his truck.
  • Adams was looking for Bosma's vehicle, his plates, a Wind Mobile cell phone, Bosma's keys, his wallet, and Bosma himself.
  • He and other officers looked for forensic evidence
  • Main told him about the "large redneck smoker", and an excavator in the swamp.
  • "We weren't quite sure what the Eliminator was, at first," he said. "We believed it was possible that a person could be contained inside it."
  • Officers opened incinerator to see if TB's body was inside.
  • Asked Main to take them to excavator. On the way noticed two burn mark.
  • There was a "skid steer" (Bobcat) by the excavator.
Sgt. Philip Peckford - Hamilton PD, vice and drugs unit
  • Was at the Ayr farm on May 11. Was one of the group who accompanied Main.
  • Had never seen an incinerator of that size. "Initially when I saw it, it looked like a large barbecue to me,"
  • Sgt. Huys opened the hatch to look inside.
  • Next went to area of scorch marks. "I could smell an odour of an accelerant - it smelled like gasoline."
  • Soil was turned over the area like it recently had been cleaned up.
  • Then went to area of skid steer and excavator. Investigators called Det. Sgt. Matt Kavanagh to report findings.
Cross examination by Pillay
  • Lane looked like it had at one time been used by a farmer.
Sergeant Annette Huys - Hamilton PD, forensic services branch
  • Describes a map she drew in her notebook with an X marking the location of the Eliminator.
  • First one who stopped Main. "I thought it might be important for him to speak to one of the investigators."
  • "I really wasn't sure what it was. What I had in my mind is that it was going to be a smoker."
  • "Looking at the sheer size of it, I thought it was a real possibility that someone could be inside it."
  • Sign on incinerator: "The Eliminator: Small and Large Animal Cremators"
  • Ten feet, eleven inches tall from ground to top of stack
  • "When I first looked down, I saw a bone inside the hatch."
  • Called Kavanagh and asked for forensic anthropologist to determine if bone was from a human.
  • A second, smaller bone found inside incinerator, about 8 cm. long. First bone about 20 cm.
  • Huys and Dr. Rogers (forensic anthropologist) returned to farm on May 13.
  • On first day, from incinerator went to area of burn marks in the cornfield 200 meters away.
  • "When we first approached the areas I could smell some sort of accelerant."
  • "The larger one looked like it had been cleaned - like things were removed or pulled away."
  • Pieces of wire and broken glass on ground. Three seat belt buckles were recovered.
  • A black nitrile glove found on ground east of barn.
  • A lot of debris inside incinerator. Bone was resting on the tubes.

CBC Live Blog

Bosma Murder Trial 02.17.16 - Day 10

Hamilton Spectator - Exhibits
 
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