Bosma Murder Trial 02.01.16 - Day 1, Opening Statements

[Tealgrove]

Thanks for sharing that good local knowledge. Would a gunshot at 9:00 pm, or perhaps later, not cause you to raise an eyebrow and check your watch? I expect that the farmers would be pretty good at detecting an unnatural gunfire sound, either an unexpected calibre, or sound coming from an unexpected location, something that didn't quite sound like their neighbour was hunting raccoons in the back forty.

But, you're probably right. They may have heard it and not connected it to anything nefarious.

If it was dark when I heard the shot or shots I may very well be looking at my watch and wondering who was shooting that late but would probably put it down to a farmer shooting a coyote. To be honest, I wouldn't think much of it. Now, if I lived in the City, or a more populated area I would definitely be concerned.

 

[ArianeEmory]

They may have stolen the truck so that they had a vehicle to move the incinerator. Thus the search for a black Ram, something that wouldn't be spotted easily at night, probably with the proper hitch.

Will we hear that this was all connected to the charges they face regarding LB? Do you recall how the police searched the barrels in the barn? Was LB stored there until the incinerator could be moved somewhere that had a proper power source?

Nice catch.

 

[Deleted member 102539]

Wow, that was a lot of reading! Forgive me if some of these questions have already been answered, I may have missed something in all those pages and tweets and articles today.

I have a couple of questions, if anyone wants to help find the answers in all these pages of info:

Did I miss a part where SB was asked if the men in the courtroom were the men she saw that night? Did they mention whether or not she was able to pick them out of the lineup at the time of their arrests as we have speculated on? Same for the tenant, if anyone knows. Or is that only something that happens on TV?

Why didn't forensics find any MS fingerprints inside the truck? Was he wearing gloves, did he wipe off his prints, shouldn't they at least be on the door handles, inside or out? Is that what was in the knapsack, gloves and a gun? Maybe that was what felt suspicious to them - that a grown man would bring a bag full of possessions on a test drive that should take no longer than a Tim Hortons run. Maybe it shows he wasn't planning on getting back in DM's truck?

Did the opening statement give a motive for either suspect?

Did the opening statement also say that forensics found large amounts of blood on the cab ceiling in both the front passenger and driver side along with the broken window? I'm not any kind of an expert, obviously, but wouldn't that make it possible that the shot came from outside the window, splattering blood in a forward and upward trajectory across the ceiling of the front seat? Any word on if/where the broken window glass was found?

And who was the the member who said that if they planned this as a murder when they originally called a couple of days earlier, they could have planned the moving of the incinerator better. I think they could at least have planned to use a less conspicuous vehicle to tow the incinerator to the hanger than one with a broken window that was covered in blood, and likely contained a body. I think that is going to end up being a deciding factor in whether or not this was a premeditated murder, planned by both parties, or just one.

Oh, and I almost forgot the question that has been highly anticipated and debated, Who was driving the Yukon?!? Has it been mentioned yet, or even hinted at? I had a lot more questions as I was reading through today, but I kept reading on, wondering if the answers would be revealed before I could comment, but this is an overwhelming amount of info already, and I lost track of a lot of the questions and answers.

bbm
swedie #275

Shannon Martin ‏@ShannonMartinTV 52s52 seconds ago Hamilton, Ontario
Crown points to Dellen Millard + Mark Smich asks Sharlene Bosma, have you ever seen these men before May 6, 2013? Crying, Sharlene says no

 

[ArianeEmory]

I asked a couple of times if SB or her tenant were asked to positively identify the defendants in the courtroom. If it happened, I don't think it's been reported. That said, it also hasn't been reported that they were outright asked that by the DEFENSE on cross. So either some aspect isn't getting reported, or it's already assumed by both sides that those men were DM/MS, or there's some other legal aspect we're not privy to.

 

[Juballee]

They may have stolen the truck so that they had a vehicle to move the incinerator. Thus the search for a black Ram, something that wouldn't be spotted easily at night, probably with the proper hitch.

Will we hear that this was all connected to the charges they face regarding LB? Do you recall how the police searched the barrels in the barn? Was LB stored there until the incinerator could be moved somewhere that had a proper power source?

But DM already had a Dodge Ram that we know could pull a trailer, why would he need to steal TB's truck to pull an incinerator? That still doesn't explain a motive to me. I don't think we can say he was that concerned with the appearance of the truck pulling the trailer, or he might be more concerned about the gunshot damage and blood being more conspicuous to a witness than a red truck versus a black truck at night.

Speaking of already owning a dogde ram truck, isn't it odd that someone who owns a truck the exact same size would all of a sudden have difficulty navigating a simple turn?

Also, I don't believe that they will be able to bring in evidence from the LB trial to this one, that would just taint the jury. They are separate trials for a reason, if he needs to be guilty of one murder to cast suspicion on him for the others, then their evidence isn't strong enough on its own. I'm not sure what the barrels in the farm, that they said came up with noting suspicious, would have to do with a trailer hitch? I would also imagine that with all that equipment, DM had a portable generator somewhere and didn't have to move the incinerator to a power source.

All my opinion only.

 

[Juballee]

Just to answer one of your questions quickly, Jubalee ... wrt Smich and a backpack, this tweet was posted this morning:

Susan Clairmont ‏@susanclairmont 1m1 minute ago
Cross done. Pillay asked if she saw Smich with backpack. She says no. Few other quick questions. Smich lawyer has no questions for Sharlene.

ETA: from ABro's blog, it seems DM carried a bag on the May 5 test drive:

http://www.annrbrocklehurst.com/2016/02/tim-bosma-trial-the-crowns-opening-statement.html

I imagine that if DM had had his satchel with him on the TB test drive, MS's lawyer would have asked that question to deflect from the idea that MS was the one likely carrying something that could easily conceal a weapon.

 

[matou]

Incinerator appeared to be cleaned out. From opening statement.

 

[matou]

For those who think this wasn't planned because the incinerator was not already at the hangar waiting, how would he explain its presence to his employees?

 

[matou]

Plus, didn't he want specific details about the Dodge engine? Maybe for towing capacity and the proper hitch to tow the incinerator? Jmo

 

[Juballee]

I asked a couple of times if SB or her tenant were asked to positively identify the defendants in the courtroom. If it happened, I don't think it's been reported. That said, it also hasn't been reported that they were outright asked that by the DEFENSE on cross. So either some aspect isn't getting reported, or it's already assumed by both sides that those men were DM/MS, or there's some other legal aspect we're not privy to.

Although for some reason the press didn't report on the specific questions RP asked in detail like they did for the crown's questions, I did read somewhere that his questions to SB centered around confirming her physical description of the suspects.

 

[Juballee]

For those who think this wasn't planned because the incinerator was not already at the hangar waiting, how would he explain its presence to his employees?

If it was bought by Millardair, I am assuming either some aspect of the business we haven't been told yet. Therefore I don't think it would have been a surprise to employees to see it there. He wouldnt even have to explain its presence if he had planned ahead. If it was planned even two days in advance, he could have warned the employees then not to come into work at all on Tues, he could have made a much better excuse, like saying he was having it fumigated or something that would keep people away more than politics would.

 

[Juballee]

Plus, didn't he want specific details about the Dodge engine? Maybe for towing capacity and the proper hitch to tow the incinerator? Jmo

He already had a dogde truck that could tow, and the part about the engine was that he was looking for a diesel engine. That isn't something you just trade out engines for. That still doesn't give him a motive in my opinion. I'm waiting to hear what it will be.

All my opinion only.

 

[DeepWoodsOff]

Thanks for sharing that good local knowledge. Would a gunshot at 9:00 pm, or perhaps later, not cause you to raise an eyebrow and check your watch? I expect that the farmers would be pretty good at detecting an unnatural gunfire sound, either an unexpected calibre, or sound coming from an unexpected location, something that didn't quite sound like their neighbour was hunting raccoons in the back forty.

But, you're probably right. They may have heard it and not connected it to anything nefarious.

I live in a rural area about 20 minutes from the Bosma house. From April through October I hear gunshots almost every night. Sometimes it is just the teens down the road shooting at cans, other times farmers taking care of a coyote that is creeping too close to their chickens. When I first moved into the area I ducked every time I heard a shot, forgetting I no longer lived in the city and things were different out here. Now I don't even take note of the shots, which are usually around or just after sunset when the coyotes are becoming active.

With that said, if the shot was taken inside the vehicle with the windows up....you have a very different sound. I am guessing you wouldn't get that same loud, echoing sound that you hear carry through the countryside.

 

[Deleted member 102539]

I asked a couple of times if SB or her tenant were asked to positively identify the defendants in the courtroom. If it happened, I don't think it's been reported. That said, it also hasn't been reported that they were outright asked that by the DEFENSE on cross. So either some aspect isn't getting reported, or it's already assumed by both sides that those men were DM/MS, or there's some other legal aspect we're not privy to.

#483

 

[LoyalSleuth]

Thinking over what we have heard so far, just from day one, it would be useful to have a revised timeline of the Crown's allegations that will be backed up by evidence...

Something like:
1. May 4 - Contact TB about truck via cel phone,DM advises he will come see truck Monday night.
2. May 6 - TB waits for DM to come see truck, worries about it getting late
3. May 6 - TB gets call from DM at 7pm saying he will be there in an hour
4. May 6 - DM & MS arrive at TB's home to test drive truck 9:20pm
5. May 6 - 9:30???? TB is shot in truck
6. May 6 - 11pm??? DM & MS (with a deceased TB in truck) pick up the GMC of DM's, one drive GMC one drives TB's truck
7. May 6 - 11pm??? DM & MS pick up Eliminator from DM's farm and tow using TB truck to Millardair Hangar with GMC following (or is it someone else driving the GMC, I don't know, but my opinion is there was not)
8. May 7 - 12:00am ???, DM, MS and deceased TB arrive at Millardair hangar (video shows the truck parking the elminator right outside the hangar doors)
9. May 7 - 1:00am ???video shows DM lighting the eliminator
10. May 7 - DM send text to employees "Airport Polictics, do NOT come to the hangar today at all, not even to just grab something."
11. May ? - DM gives video DVR to CN
12. May ? - DM & CN gives lock box to friend
13. May ? - MS gets lock box and gin from friend
14. May ? - MS buries gun in forest
15. May ? - DM, take elimintator to farm?
16. May ? - DM & CN hide the eliminator near tree line at farm
17. May ? - DM & CN pulled TB's truck in trailer to DM's mom house


Please copy and paste into new post and add or correct the list... I did it from memory.

 

[ArianeEmory]

Regarding visible damage to the truck (I assume people are talking about the window being blown out, although the word we have seen used is 'shattered'), this one seems easy to me: roll down all the other windows.

bbm
swedie #275

Shannon Martin ‏@ShannonMartinTV 52s52 seconds ago Hamilton, Ontario
Crown points to Dellen Millard + Mark Smich asks Sharlene Bosma, have you ever seen these men before May 6, 2013? Crying, Sharlene says no

I guess the bolded bit means neither side are bothering to waste time pretending it wasn't DM/MS at the Bosma residence that night, so maybe having SB and her tenant give physical descriptions are to corroborate the descriptions that may be given later by Big Etobicoke Guy.

 

[LoyalSleuth]

From what I heard yesterday about MS being reclusive (hiding almost) while at the Bosma's property, I think he was afraid and not nearly as confident in what they were about to do as DM. ALL MY OPINION OF COURSE.
From teh Abro article on opening statements: http://www.annrbrocklehurst.com/2016/02/tim-bosma-trial-the-crowns-opening-statement.html

Smich’s girlfriend gave a statement to police, saying Smich told her it was Millard who stole the truck but he was there, and that the man they stole the truck from was “gone gone gone.”

At first when I read gone gone gone, I read it like a child would say something is just gone gone gone, almost like a joke... But is it possible that MS said in tears and the owner is "gone" sob "gone" sob sob "gone"
Maybe like he was seeing or reliving what happened again as he said the words in a remorseful way?

 

[DeepWoodsOff]

Just a thought on whether they were dropped off at the Bosma house or if they parked somewhere and walked.... IMO there are a number of places along that stretch (or any stretch of country road) where you could park a vehicle. There are entrances to farmer's fields that have a short lead way up to a metal gate, lane ways to barns etc. etc., even just on the shoulder of the road. In the country we see this every day and it doesn't stand out at all.

Here is an example of a spot that is literally 100 yards from the Bosma driveway on the opposite side of the road. Now I am not saying these guys parked THAT close to the house but it is just one example of many along any country road where you could park your vehicle. Another thing to consider is that the Bosma property has a mature treeline along the road, blocking the view of the road. Once Tim's truck turned left onto Trinity Rd, you wouldn't have seen it.

https://www.google.com/maps/@43.170...1ElZmwoTWlnvBqSR6w!2e0!7i13312!8i6656!6m1!1e1

Last thing...if CN did drop them off, would she not be charged with much more than what she is currently charged with? Thoughts?

PS: When you look at the link, spin to the right. You can see the telephone pole across from the Bosma house that has flowers on it.

 

[ellie b]

Wow! Seriously?! I can't believe how stupid DM was through all of this. Either he takes the award for dumbest criminal of 2013, or he was asking to get caught. SMH.

*Tells a friend he's going to steal a truck,
*Sent text messages to employees telling them not to show up at the hangar, not even to grab something. Isn't that a red flag right (in bold) there that something's going down at the hangar?
*DM leaves the truck in the hangar knowing the employees will return on the 8th, and see it. Did he think they were stupid and didn't listen to or watch the well publicized news a man and his BLACK DODGE Ram truck were missing?
*DM contacts someone he knows, who has a body shop because he was going to take Tim's truck in and have it repaint,
*He has an employee remove the decals,
*Both perps used their cell phone in the vicinity of TB's property...

Likely more stupid points from today, and I'm sure there will be a lot more to come. :lol:

And the dumbest criminal of 2013, goes to..... :winner:
All MOO.

MOO.......I'll go for DM being dumb as opposed to asking to get caught.
MOO.......I think he thought he was invincible and has a massive ego this along with the fact he isn't the brightest spark. Mind you, that being said, he allegedly got away with 2 other murders before this, in those instances was he lucky as well as dumb ?? All MOO,JMO.

 

[ArianeEmory]

Just as a heads up:

The downstairs neighbour will continue tomorrow at 1 p.m. That's when the trial starts tomorrow because of a medical issue with the accused.

And also this from bessie for people who will be posting tweets:

http://www.websleuths.com/forums/showthread.php?299854-Bosma-Murder-Trial-Twitter-Roll-Call

(I may be able to cover Adam Carter but I won't know until we get closer to afternoon. If I can I will post over there.)