Bosma Murder Trial 02.16.16 - Day 9

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Dungey outlining where the truck was moved -- from Millard Air, to Millard's mother's house, to Hamilton, the to Tillsonburg.
by Adam Carter 12:36 PM
 
Lisa Hepfner ‏@HefCHCHNews 1m1 minute ago
"There's nothing to corroborate what you say. Just your testimony, 3 yrs later, no notes. Correct?" Dungey to forensics officer. #Bosma

***Doesn't she have 666 pictures to corroborate?

I think he means in relation to video providing how the officer entered the trailer door to put the key in TB's truck.
 
Sean Leathong ‏@SeanLCHCH 2m2 minutes ago Hamilton, Ontario
Since now attacking police theory that truck was moved into trailer using winch. Points out that winch was not attached when found. #Bosma
 
Dungey outlining where the truck was moved -- from Millard Air, to Millard's mother's house, to Hamilton, the to Tillsonburg.
by Adam Carter 12:36 PM

He forgot about from Tim Bosma's driveway and wherever it was before Millardair.
 
Dungey is jumping ahead of the evidence now??? WTH?
Yeah... This sounds like opening arguments, not defense cross-examination. Isn't he supposed to offer rebuttal to the prosecution testimony only at this juncture?
 
Dungey now asking about how the truck would have gotten into the trailer, and on what angle.
by Adam Carter 12:37 PM

He's asking about the shell, which was found in the truck. "The truck, having gone all these places, it's within reality that anything within the cab part could have rolled back," he says. McLellan says yes.
by Adam Carter 12:38 PM

Now Dungey asking about the truck being pulled out of the trailer by a tow truck. "There would have been a force pulling that truck?" Dungey asks. "And that could cause the shell to move positions?" "It could have, yes," McLellan responds.
by Adam Carter 12:40 PM

"It could have gone back, couldn't it? You can't say it couldn't," Dungey says. "I couldn't no," she responds.
by Adam Carter 12:42 PM
 
molly hayesVerified account ‏@mollyhayes 1m1 minute ago
Dungey asks about truck being on angle when pulled (or driven) into trailer--so a shell casing could roll from front to back? #Bosma

molly hayesVerified account ‏@mollyhayes 1m1 minute ago
McLellan: Anything could move while being transported yes. #Bosma
 
does the defense have the right to ask for forensic testing be done on certain items? if they feel it can prove anything?
 
Dungey now asking about how the truck would have gotten into the trailer, and on what angle.
by Adam Carter 12:37 PM

He's asking about the shell, which was found in the truck. "The truck, having gone all these places, it's within reality that anything within the cab part could have rolled back," he says. McLellan says yes.
by Adam Carter 12:38 PM

Now Dungey asking about the truck being pulled out of the trailer by a tow truck. "There would have been a force pulling that truck?" Dungey asks. "And that could cause the shell to move positions?" "It could have, yes," McLellan responds.
by Adam Carter 12:40 PM

BBM.....as in my client was not necessarily the shooter from the backseat even though you found a shell there?
 
The shell casing FELL from somewhere, did it not? Towing wouldn't make the shell casing move from the floor upwards. ????
 
BBM.....as in my client was not necessarily the shooter from the backseat even though you found a shell there?

Exactly...I was just about to type that thought out. We are back to the angle that the Defense attorneys are going to argue that it wasn't their client that pulled the trigger. MOO
 
Dungey asking if the burned out seats found in the trailer were a match for the truck itself. "We did not put them back into the truck to see if they were a physical match, no," she responds.
by Adam Carter 12:43 PM
 
does the defense have the right to ask for forensic testing be done on certain items? if they feel it can prove anything?

Yes. They can also have anything submitted as evidence re-tested if they feel there could be a different result.
 
Susan Clairmont ‏@susanclairmont 3m3 minutes ago
Dungey asks if it would take a lot of time & effort to take inside of truck apart. She says "I don't know. I've never taken a truck apart."

Susan Clairmont ‏@susanclairmont 2m2 minutes ago
Another officer's notes says shell casing found under rear seat. #Bosma
 
Dungey asking if the burned out seats found in the trailer were a match for the truck itself. "We did not put them back into the truck to see if they were a physical match, no," she responds.
by Adam Carter 12:43 PM

So the new tactic will be just challenge everything and hope to create doubt?

(Sorry if this is a dumb question--I've mentioned before that I do not typically follow live trials.)
 
Officer Banks from Halton police was the one who made the notes she has been referring to. He has retired and gone to Florida, and isn't here. "He was asked to testify, yes," McLellan says.
by Adam Carter 12:46 PM

Now on lunch break. Back at 2:05 p.m.
by Adam Carter 12:47 PM
 
Since this is the first time that the cross examination has been aggressive...is that a sign that this is what they see as their best opportunity for defense? I really hope they call all the other officers that were involved with this step and they ALL have extensive notes. ;) MOO
 
molly hayes ‏@mollyhayes 2m2 minutes ago
Dungey: would it take a lot of effort to take apart car.
M: I guess so.
D: what do you mean I guess so, I'm asking you to use common sense

molly hayes ‏@mollyhayes 1m1 minute ago
McLellan using a former (now retired) colleague's notes from that day. Dungey says he was the one who was supposed to testify

molly hayes ‏@mollyhayes 56s57 seconds ago
"You don't take one note," Dungey pushes. McLellan says my photographs are my notes

molly hayes ‏@mollyhayes 1m1 minute ago
It is that officer's notes that references a shell casing found under backseat.
 
JMO: Better for the defense to have an implied negative (inept police) than proof positive (their own testing) of no contamination -- or even something showing further culpability of their clients.
 
Sean Leathong ‏@SeanLCHCH 2m2 minutes ago Hamilton, Ontario
Dungey hammers McLellan again on not making notes. Talks about other detective, named Banks, was supposed to testify. @CHCHNews #Bosma

molly hayesVerified account ‏@mollyhayes 2m2 minutes ago
McLellan using a former (now retired) colleague's notes from that day. Dungey says he was the one who was supposed to testify. #Bosma

molly hayesVerified account ‏@mollyhayes 2m2 minutes ago
"You don't take one note," Dungey pushes. McLellan says my photographs are my notes. #Bosma

Sean Leathong ‏@SeanLCHCH 1m1 minute ago Hamilton, Ontario
Dungey to McLellan: "you don't make any notes. 3 years later we're relying on your memory." McLellan: "my photographs are my notes." #Bosma

molly hayesVerified account ‏@mollyhayes 2m2 minutes ago
It is that officer's notes that references a shell casing found under backseat. #Bosma

Lisa Hepfner ‏@HefCHCHNews 2m2 minutes ago
#Smich lawyer yelling about how forensics officer who took notes (McLellan was photos) retired & moved to Florida & won't testify. #Bosma
 
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