Bosma Murder Trial 02.10.16 - Day 7

[Tamarind]

So LE who had the trailer in a secured facility tampered with the trailer latch sometime overnight and through Monday before it left for Tillsonburg?

I have no idea who tampered with it.

 

[Avvocato]

Ultimately it is the tow truck driver who has to take responsibility for the load. If something would have flown out the back, causing an accident with injuries, you can bet he would have been sued and charged with hauling an unsafe load. It doesn't matter if someone told him not to touch it he still is liable for insuring it was safe to tow. Door flying open, stuff falling out, or even a loose wheel fling off the trailer. It's the operators responsibility and liability

 

[Tamarind]

Rear cargo trailer with Cam Locking system. Note, in order to close and latch the handle, both cam's (the locking system) must be engaged.

Thank you for taking time to explain the Cam Lock.

 

[Tamarind]

Ultimately it is the tow truck driver who has to take responsibility for the load. If something would have flown out the back, causing an accident with injuries, you can bet he would have been sued and charged with hauling an unsafe load. It doesn't matter if someone told him not to touch it he still is liable for insuring it was safe to tow. Door flying open, stuff falling out, or even a loose wheel fling off the trailer. It's the operators responsibility and liability

I have a feeling he would be exempt from prosecution based on the fact he would be tampering with evidence in a criminal case. The trailer was and is still evidence IMHO.

 

[inbetweendoors]

It was supposed to be padlocked.

I told my husband about this today, he uses these kinds of trailers every day.
He's convinced there must have been some kind of looky-loo (probably LE, definitely not implying anything malicious) in Hamilton. He says there's no way the trailer wouldn't have come unlatched between Kleinburg and Hamilton if it came unlatched between Hamilton and Tilsonburg UNLESS something else happened in Hamilton. It just doesn't make sense.
He says these doors are pretty idiot-proof, so I really don't get how this mistake happened.

 

[Tamarind]

The "special" friend, or friends, of DM was/were also friends of MS. They all chilled together on and off. So I don't quite get how a frame up defence would be structured and why the need to frame DM.

Maybe they figured he could afford a lawyer and they couldn't ! JMO

 

[RandomName479]

I have no idea who tampered with it.

There has been absolutely no evidence presented to indicate the trailer was tampered with at any point after LE took control of it. I think it's a huge leap based on many assumptions (some of which were cleared up today) Unless you have a link that shows the trailer was compromised in some way before the trip to Tillsonburg, we will have to wait until more evidence is presented and agree to disagree until that point.

 

[RandomName479]

Do we know it was a cam-lock system? I would like to see pics of the back of the trailer. We have doors at work that lock, but if you don't "lock" the top and bottoms (like in the cam-lock situation) they are not actually secure. Did it say anywhere in the testimony that the doors actually flew open? Or did it just say it wasn't secure? I may not be explaining this well.....going to reread the testimony....

 

[Ontario Mom]

Oh how I'd love a copy of the hand out the jury was given to really look close at those cell phone communications!

 

[Tamarind]

I would ASSUME so....but we haven't heard testimony confirming or refuting it. The doors held from Kleinberg to Hamilton but during an ascent from Hamilton to Tillsonburg the latch get go. (presumably bc of shifting of cargo toward the back...bc of the climb....and this put pressure on the doors) Lots of assumptions...but this makes sense to me....

A cardboard box put pressure on the doors?

 

[flipflop]

No mention yet of any of MS fingerprints found on the truck. I wonder if they found some and if so why not introduce this evidence at the same time?

Perhaps MS wore gloves, and DM kept his in his pockets again.

 

[Tamarind]

Warrants take time. They need approval from a judge or justice of the peace. On a Sunday and Mother's Day, this might not have happened instantly. Also, the request for a warrant would have been written up painstakingly, as warrants are not granted frivolously.

This is an important case, handled with care. Nothing would have been rushed, in order to prevent mistakes and inadmissibility. It must have become apparent at some point that TB was no longer a missing person, but a deceased person, especially after he was not found in that truck.

If they didnt have to wait for a warrant to take it to Hamilton I doubt that was the case for the 2nd leg of the journey. Warrants usually take 24 hours and I would assume that the trailer was not supposed to be legally searched until Tuesday JMO

 

[Tiggertoo]

I told my husband about this today, he uses these kinds of trailers every day.
He's convinced there must have been some kind of looky-loo (probably LE, definitely not implying anything malicious) in Hamilton. He says there's no way the trailer wouldn't have come unlatched between Kleinburg and Hamilton if it came unlatched between Hamilton and Tilsonburg UNLESS something else happened in Hamilton. It just doesn't make sense.
He says these doors are pretty idiot-proof, so I really don't get how this mistake happened.

Normally I would agree with your husband but in the picture someone posted with the padlock it looked like the latch that was padlocked was an add on. Also, if the system wasn't closed properly the little padlock would be no match for the pressure. JMO

 

[Gumshew]

Maybe they figured he could afford a lawyer and they couldn't ! JMO

Actually, this is an interesting reply.

 

[inbetweendoors]

Normally I would agree with your husband but in the picture someone posted with the padlock it looked like the latch that was padlocked was an add on. Also, if the system wasn't closed properly the little padlock would be no match for the pressure. JMO

Okay, fair enough. Not disagreeing, curious - So why do you think it didn't open between K and H, but only between H and T? IF the escarpment hill was steep enough to cause "pressure" as someone said, wouldn't that imply something was pressing on the doors? Something heavier than an empty box? I don't know anymore, it seems so ridiculous. lol

 

[RandomName479]

A cardboard box put pressure on the doors?

That's not what I said. I said cargo may have shifted and put pressure on door. I appreciate that you think DM is innocent and is being set up to take the fall. You are entitled to your opinion, but I am done debating. If the defense lawyers don't see an issue with the evidence as presented, I don't think there is anything to dispute. I don't believe there is some big conspiracy here. From the evidence (taken at face value as presented in court) I think things look really bad for DM and MS. Something might be presented at a future point that will make me re-evaluate my position. My mind is open to evaluating everything.

 

[ArianeEmory]

This forum is always useful for finding out how the defense will proceed.

 

[Tiggertoo]

For Random Name and Tamarind's benefit: I don't want to beat a dead horse here but the contents would not be what puts the pressure on the door but the shifting of the entire trailer frame would do it. When a trailer drives away from you with the doors open you can actually see the sides and roof move. this is also affected by tire pressure, and the type of road surface, hills, bumps etc. The shifting of the door could easily break a little pad lock.
Inhave experienced this type of thing first hand trailering. This is my own opinion but hopefully it's helpful.

 

[RandomName479]

Ultimately it is the tow truck driver who has to take responsibility for the load. If something would have flown out the back, causing an accident with injuries, you can bet he would have been sued and charged with hauling an unsafe load. It doesn't matter if someone told him not to touch it he still is liable for insuring it was safe to tow. Door flying open, stuff falling out, or even a loose wheel fling off the trailer. It's the operators responsibility and liability

BBM - I agree. He could have added a level of security to the back panel without compromising the LE seals. Wonder if he will be called to testify as to what he witnessed?

 

[Gibson67]

Not sure whether we're allowed to mention the Spafford connection or not. If you dig around a bit you'll find it (read through ABro's blog).

Both the fiancee and her mother cannot be named as they are on the “no contact” lists for the Wayne Millard and Laura Babcock murder proceedings, which are covered by publication bans

http://www.annrbrocklehurst.com/2013/12/dellen-millards-engagement-photos.html