Bosma Murder Trial - Weekend Discussion #16

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Hope you don't mind my responding to your question.

Legally speaking, it doesn't matter who brought the gun. It doesn't matter who shot Tim.

It is something that we would all like to know, but we likely never will.

Regarding the messages, IMO DM and MS are "speaking" cryptically and in some sort of lingo and code. There aren't many criminals who would actually plan a murder, completely detailing it in written word. If that is the expectation of proof, then I doubt we would ever be able to convict a single guilty soul.

Therefore, the jury is left to deduce the most probable meaning of those texts within their complete context, in conjunction with all other evidence ... planning missions, planning "the mission", buying a loaded gun, pictures of each of them holding that gun, both discussing the incinerator/BBQ ... Oh, I could go on and on but won't ... Numerous WSers have already stated these in much better and clearer terms than I can.

The text messages are circumstantial evidence, and are to be given the same weight as direct evidence.

I cannot think of one single innocent reason for the purchase of a loaded gun as well as purchase/setup of the incinerator, which DM and MS together had knowledge of.


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I wish it were made clear in some way, which of their individual text messages they attempted to delete. If someone deleted the picture of fireside sausages for example, I would deduce they felt some guilt about it for some reason. I recall some mention of damning texts recovered from SS? You have to ask, why did they choose those particular texts to remove?
 
According to NP's Adrian Humphreys Twitter feed, exhibit #144 was a 'view only' exhibit. The press could report the content, but not publish the photo in order to protect 'bystander's' personal information. (Tweets are from today, a couple of hours ago).

https://twitter.com/AD_Humphreys/with_replies

Now, this s the original post from last night.

Humphreys didn't say THE PICS weren't made public ... He said that the text messages in Exhibit 144 weren't made public ... They were "read only" so that the reporters could report on the gist of what was said in the text messages, but the texts included info about non-involved persons, so couldn't be published.

Quite a lot of discussion about this in yesterday's thread, where it was posted that Adrian will be publishing those particular photos. When he does, they can be uploaded here.



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I was on last night and that's not what I got from that. I must not have been able to see the "text couldn't be published" part? But the pics were not made published either.
He said "view only" where you say "read only".
 
BBM

In Canada, no it is not. Which is perhaps part of the problem here. My personal opinion is that the criminal code for 1st degree murder needs to be amended to add "death occurs during the commission of an armed robbery". Then perhaps we wouldn't be having this discussion? :waitasec:

MOO

Totally agree. If this was the law, I would easily and unequivocally find them both guilty of 1st degree. No question in my mind that the theft of the truck was planned by BOTH MS and DM and TB was killed during the commission of this crime. I'll sign your petition if you start one Kamille ......
 
Other trials should not be a factor in this one.

Shouldn't be a factor? But the fact that it is known he is charged with 2 other murders is not to be taken into consideration? Like the jury aren't regular, normal people who have had access to the media in the last 3 years, during which the other charges were talked about and no publication ban in place. Not to mention, the jury lives in the local area also.... I would be hard pressed to find 12 people anywhere in Hamilton/Burlington/Oakville/Toronto who have not heard of the 3 murder charges against DM and 2 against MS.

Jury can be told to disregard the other charges, but in reality, they are human and have emotions just like you and I.

Just MOO
 
Now, this s the original post from last night.



I was on last night and that's not what I got from that. I must not have been able to see the "text couldn't be published" part? But the pics were not made published either.
He said "view only" where you say "read only".

There were a few other posts last night regarding these issues ... And "read only" to me means the same thing as "view only" ... Sorry if I was paraphrasing ... Anyhow, Adrian stated that he will publish those pictures ... Last night he said "maybe tonight" ... So I guess he didn't have time last night, but I think that he will publish them. Will post here when he does.

ETA: Six hours ago Adrian Humphreys tweeted "soon" with regard to Exhibit 144, which Abro said contains those pictures.


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Just another thought.

Another thing that may have tipped Tim off as suspicious is that MS and DM claimed their friend dropped them off when they arrived at 9:05. Then not even 5 minutes later as they are pulling out of Tim's driveway, DM gets a text that the friend is back and didn't find the Tim Hortons?! That would be strange to me. It would take longer than 5 or 10 minutes to drop them off at the house, look for the coffee shop and already be back near the Bosma house.

That must have struck Tim as weird, IMO.
 
Shouldn't be a factor? But the fact that it is known he is charged with 2 other murders is not to be taken into consideration? Like the jury aren't regular, normal people who have had access to the media in the last 3 years, during which the other charges were talked about and no publication ban in place. Not to mention, the jury lives in the local area also.... I would be hard pressed to find 12 people anywhere in Hamilton/Burlington/Oakville/Toronto who have not heard of the 3 murder charges against DM and 2 against MS.

Jury can be told to disregard the other charges, but in reality, they are human and have emotions just like you and I.

Just MOO

Yes, the other charges are not to be factors in determining guilt here.

Before trial, I had spoken to people who have no idea the key details let alone DM and MS were charged in another murder. Or DM charged with his father's murder. Both coworkers and friends. All living and working in the GTA. Not everyone follows that closely.

Some know now because the trial is in the paper daily.

A guilty verdict cannot be handed down on emotion.


All comments are JMO unless stated otherwise
 
Yes looking at the furniture with pure and honest eyes itwas about a camp fire and recipe sharing. MS seemed fond of double meanings and or lingo. I thought the pics were just pulled off of the internet. not sure though, i suppose i am guilty of writing the honest meanings away and assuming it as their favored sort of talk of missions and more. sorry i seem so ** and for a Friday! tisk

No need to be sorry ;) I'm hot and just slugged away in a horse barn all day and trying not to get too far behind here.

We are all seeing these photo's in different ways. We are all in titled to have our opinions. I may have misunderstood Adrian Humphreys tweets but I did not see him say "read only" (I read view only) or anything about not being published because of "text content". Maybe once the pictures and any text content related to them are published, they'll be brought into a differnt perspective.

I questioned the photos a few discussions ago "are they MS'S camera pics/tags" or "taken off of the internet" as that may have brought me to the other side on this with others.
 
Shouldn't be a factor? But the fact that it is known he is charged with 2 other murders is not to be taken into consideration? Like the jury aren't regular, normal people who have had access to the media in the last 3 years, during which the other charges were talked about and no publication ban in place. Not to mention, the jury lives in the local area also.... I would be hard pressed to find 12 people anywhere in Hamilton/Burlington/Oakville/Toronto who have not heard of the 3 murder charges against DM and 2 against MS.

Jury can be told to disregard the other charges, but in reality, they are human and have emotions just like you and I.

Just MOO

Charged is one thing....CONVICTED is a whole other kettle of fish.

We can't go around, convicting people of one crime just because they have been CHARGED with another crime.

What if MS doesn't get convicted for the "other crime"? Just because he's charged doesn't mean he's guilty. Right now I have no idea what evidence there is of anyone's involvement in the other crime therefore I can't heap this knowledge of the charge in another crime onto the current trial.

I'm not defending anybody here, but the charges relate to a different matter and have to be kept separate. The Jurors, whether they know about it or not, cannot use that knowledge to convict here.

It's just the way it is.
 
Lots of variables in shade, lighting etc. of course, but here is this guy in a straight conversion to b & w in Photoshop.
attachment.php

Quite interesting. One further note, that also supports red turning light gray...
Most security camera pics that are B&W are colour daytime, but B&W in "night vision" mode. My DVR security cams flip to B&W below a certain light level.
The cameras are sensitive to the Infrared band, and the light source is infrared during B&W night mode.

Infrared sensitivity is close to the low frequency end of the visible spectrum (IR-ROYGBIV-UV), making red colours, which reflect more IR, seem brighter in an IR sensitive camera.
 
I wish it were made clear in some way, which of their individual text messages they attempted to delete. If someone deleted the picture of fireside sausages for example, I would deduce they felt some guilt about it for some reason. I recall some mention of damning texts recovered from SS? You have to ask, why did they choose those particular texts to remove?

Here's a start on messages we know were deleted. From Molly Hayes on April 14, 2016, Michael Ryder, an expert in mobile device forensics and data recovery, was on the stand:

Seeing a series of messages sent from the iPad--but can't see who they were sent to. These are those 'orphaned' messages mentioned earlier.
As part of that Ryder says he can't confirm this is a conversation, or if these messages are related at all.
Seeing it on another device, again, provides that validation.
Crown says if jury sees this same convo tmrw on Millard's phone w the names, that's validation. Ryder agrees.

"Wutchya sayin homes" is first one. Next, incoming, is "eta 2:47"
Then "Wuts good then? I'm chillin outside waiting for some ppl and then Marlena's got work in a couple hours."
Then incoming "headed to Waterloo, figure out BBQ situation for this week." Then outgoing "k cuz then I need a lil bit before I can dip."
Those were sent/received on April 27, 2013.

Seeing another chunk of messages now, from May 3, 2013.
One of them says "missions and more."
These, like the last batch, had all been deleted from the device.

Now seeing messages from May 5, 2013. First one (incoming) says "yeaow, you up negro? Mission day."
Then we see 3 outgoing messages from iPad: "yo", "what's the word" and "link the celly."
One incoming at 1:01pm says "reaching you now, ete 20mins, bring change of clothes."
Then two outgoing: "my phones being retarded" and "link me when you back these ways."
Again, these had all been deleted from the device.
 
This has actually been quite interesting reading everyone's take now that the evidence is concluded. The one comment that stood out to me...and I apologize for not giving credit to the original poster...is, what differentiates the evidence against DM vs. MS as it pertains to premeditation? It seems to me that there wasn't anything that stood out to suggest that DM had planned to murder TB. We don't know who brought the gun, we don't know who was in the truck when TB was shot and we definitely do not know who pulled the trigger. For all the reasons people are stating they don't think MS knew the plan, these same reasons could be applied to DM, no? It would be the same for forcible confinement as well. Without knowing who brought the gun, who was in the truck, who pointed the gun....are they not both equally covered by reasonable doubt? I just don't see anything that DM said/did/texted that definitively shows differences between himself and MS. MOO

For the record I don't believe for a second that they both were not fully aware of the plan. One thing I think we can all agree on is that the two people who were involved in this are the two that are on trial. The question is what is the sentence. MOO

It's an interesting question, but I think it is self evident that any arguments against premeditation in the texts benefits both alleged conspirators. Beyond that, I think there are more ways DM could be convicted of first degree murder based on premeditation. If you accept either the Crown's version or MS's version, he's guilty. More than MS he had the means and the motive: few if any for example have suggested that MS was alone in premeditating this murder, and not surprisingly there was no such version presented to a jury by anyone. No matter whose story or timeline you accept, MS was in the truck for a shorter time which reduces opportunity in a relative sense. Basically the only way DM is not guilty of first degree murder is if it was accidental or unplanned, which remains possible. So while the point is taken, speaking only about premeditation I can't really agree there is an equal or even set of possibilities and probabilities at play.

ETA: the pre-mission "all nighter" comments belong to DM alone, with some evidence that MM was not expecting MS to be out all night
 
BBM

In Canada, no it is not. Which is perhaps part of the problem here. My personal opinion is that the criminal code for 1st degree murder needs to be amended to add "death occurs during the commission of an armed robbery". Then perhaps we wouldn't be having this discussion? :waitasec:

MOO
Such a good point. However, I could be wrong but I was under the understanding that even if MS and DM had 'only' been planning to car jack the car from TB, but 'accidentally' ended up killing him and were in the possession of a weapon (or even using a choking from behind maneuver 'accidentally' resulting in death) for the purposes of disabling TB to drive away vehicle and steal it, it could lead to first degree murder.
One of my theories is that this is why MS is lying so much about much of some of the details, and denying knowledge of the gun (s) From the evidence it seems obvious to me that it was they were hoping to drive away with truck and key,instead of having to go back later with all of the obstacles that brings. This thought is definitely touched on in Dms letters to CN, regarding him not wanting to get charged with first degree murder, even knowing it would be hard to prove the aactual manner of death.
Also, quick note - In my opinion MS probably did arrange to sell off the gun(s), and would not want to rat out Squishy or whomever. In fact, I feel like he probably would have not testified (or said much) until he learned of DMs letters and seeming intentions to throw MS under bus.
overall, why mix in a murder with the stealing of a truck? They could have easily dropped off TB somewhere alive and well - what a heat score to *plan* on committing a murder while stealing a truck. That would be a really stupid plan. Sounds to me from MSs point of view at least, this was a armed robber/car jacking gone terribly wrong. (Perhaps hence the "I effed up" comments afterwards)
 
Here's a start on messages we know were deleted. From Molly Hayes on April 14, 2016, Michael Ryder, an expert in mobile device forensics and data recovery, was on the stand:

Seeing a series of messages sent from the iPad--but can't see who they were sent to. These are those 'orphaned' messages mentioned earlier.
As part of that Ryder says he can't confirm this is a conversation, or if these messages are related at all.
Seeing it on another device, again, provides that validation.
Crown says if jury sees this same convo tmrw on Millard's phone w the names, that's validation. Ryder agrees.

"Wutchya sayin homes" is first one. Next, incoming, is "eta 2:47"
Then "Wuts good then? I'm chillin outside waiting for some ppl and then Marlena's got work in a couple hours."
Then incoming "headed to Waterloo, figure out BBQ situation for this week." Then outgoing "k cuz then I need a lil bit before I can dip."
Those were sent/received on April 27, 2013.

Seeing another chunk of messages now, from May 3, 2013.
One of them says "missions and more."
These, like the last batch, had all been deleted from the device.

Now seeing messages from May 5, 2013. First one (incoming) says "yeaow, you up negro? Mission day."
Then we see 3 outgoing messages from iPad: "yo", "what's the word" and "link the celly."
One incoming at 1:01pm says "reaching you now, ete 20mins, bring change of clothes."
Then two outgoing: "my phones being retarded" and "link me when you back these ways."
Again, these had all been deleted from the device.

It would be interesting to know if individual messages were deleted, and when, or if entire conversation threads were deleted, and when.
 
It would be interesting to know if individual messages were deleted, and when, or if entire conversation threads were deleted, and when.

And if the entire conversations were recovered or just some texts?
 
Just another thought.

Another thing that may have tipped Tim off as suspicious is that MS and DM claimed their friend dropped them off when they arrived at 9:05. Then not even 5 minutes later as they are pulling out of Tim's driveway, DM gets a text that the friend is back and didn't find the Tim Hortons?! That would be strange to me. It would take longer than 5 or 10 minutes to drop them off at the house, look for the coffee shop and already be back near the Bosma house.

That must have struck Tim as weird, IMO.

Its a lame excuse for sure but the time is short. Tim may have had bad feelings about the situation, but surely not enough to panic.
 
It would be interesting to know if individual messages were deleted, and when, or if entire conversation threads were deleted, and when.

From what I understand, most, if not all, messaging apps only have a delete field (boolean, the msg has been deleted or not) and don't store deletion date. If multiple phone back ups have been made, both before and after deletion, it would be possible to get a span of time during which the deletion occurred.

Interesting side note, both AM and MH testified that they'd deleted relevant text messages due to being "scared" and "nervous" respectively.
 
It's an interesting question, but I think it is self evident that any arguments against premeditation in the texts benefits both alleged conspirators. Beyond that, I think there are more ways DM could be convicted of first degree murder based on premeditation. If you accept either the Crown's version or MS's version, he's guilty. More than MS he had the means and the motive: few if any for example have suggested that MS was alone in premeditating this murder, and not surprisingly there was no such version presented to a jury by anyone. No matter whose story or timeline you accept, MS was in the truck for a shorter time which reduces opportunity in a relative sense. Basically the only way DM is not guilty of first degree murder is if it was accidental or unplanned, which remains possible. So while the point is taken, speaking only about premeditation I can't really agree there is an equal or even set of possibilities and probabilities at play.

ETA: the pre-mission "all nighter" comments belong to DM alone, with some evidence that MM was not expecting MS to be out all night

I agree with everything you wrote. The BBM part...we have the same challenge with DM's texts as we do with MS'. We don't know if he was only planning on stealing the truck and, if successful, was going to be working all night to strip it and get it ready for a paint job/switch out vins etc. There's still nothing there to definitively say he premeditated a murder. In my mind, when you take all of the evidence together (prepping the incinerator, bring a change of clothes etc. etc. etc. etc. etc.) it shows there was a lot of planning put into this. As I said, there is not doubt in my mind that this was planned and they both knew. My point (I think) is that if text messages of MS can be easily interpreted as meaning something less sinister, than we have to consider the same for DM. MOO

At this point I am going to wait for the closing arguments before trying to fit this into my head anymore than I have. I have a feeling the Crown's closing argument is going to tie their case together nicely while the Defense's closing arguments are going to be "My client didn't try to hide anything, everything was out in the open" and "My client told you on the stand that he didn't shoot Mr. Bosma" MOO
 
.

Thank you Jen Darme !!!

I was always cautious about reading too much into the bench-sausages-saga because of what you quoted in your post ....

Seeing a series of messages sent from the iPad--but can't see who they were sent to. These are those 'orphaned' messages mentioned earlier.
As part of that Ryder says he can't confirm this is a conversation, or if these messages are related at all.
 
How about the necklace picture? We didn't see that either. It was MM'S comment of almost disgust that made me think it was more then fine jewelry.

Paraphrasing here:
MS sends a pic of a necklace to MM and says "for your mother"
MM replies "MARK!!!"

Not the typical response I'd give my hubby for doing something nice for my mother.

Just an example of how things can get misread when not seen. It also may have well been a beautiful gold and diamond necklace or something awfully gross or something he was going to steal from a store.
 
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