Bosma Murder Trial 02.10.16 - Day 7

[SnooperDuper]

I honestly don't need to see the hangar surveillance - nor do I want to. If LE and the Crown say this is where the incinerator was lit and used, that's good enough for me.

Just trying to think of what logically comes next. I don't think they will bring in the whole crew of CN, MM, AM, SS, etc., until they have laid out all the physical evidence and are ready for a verbal war fought between the bunch on who is innocent in this, DM or MS (or neither).

 

[SnooperDuper]

Sounds like it just didn't hook properly. Easy mistake to make. I guess the fact that no one asked for these specific details means they were not important to the crown or the defence. What really matters is that the door opened and the box came out. I bet that officer knows all about trailer doors now. I feel bad for her that this happened. It seems like a case of not knowing and bad luck. I'm sure she was mortified.

Yeah, mortified that the OTHER officer that sealed the trailer didn't check to see that it was locked - JT's job was only to escort an already secured trailer. Too bad RP pooped on her for what was clearly the previous officer's responsibility.

 

[Kamille]

Just trying to think of what logically comes next. I don't think they will bring in the whole crew of CN, MM, AM, SS, etc., until they have laid out all the physical evidence and are ready for a verbal war fought between the bunch on who is innocent in this, DM or MS (or neither).

Well we know they are going to continue with this cell phone slide show in the morning. Not one reporter with the exception of Adam Carter even tried to decipher what was being said because they didn't have a hard copy to follow along. I wonder if they will be getting one?

 

[SnooperDuper]

Well we know they are going to continue with this cell phone slide show in the morning. Not one reporter with the exception of Adam Carter even tried to decipher what was being said because they didn't have a hard copy to follow along. I wonder if they will be getting one?

There is some stuff posted on the Spec http://www.thespec.com/news-story/6...sma-cellphone-evidence-vital-if-not-riveting/ but it's not the pretty graphical stuff the jurors are supposed to have gotten

 

[matou]

A whole lot of cell phone info here in the Affadavit of Patricia McIlveen for those who want to dive into this. Many phone records.

http://www.scribd.com/doc/298928468/Affidavit-of-Patricia-McIlveen

 

[Kamille]

Yeah, mortified that the OTHER officer that sealed the trailer didn't check to see that it was locked - JT's job was only to escort an already secured trailer. Too bad RP pooped on her for what was clearly the previous officer's responsibility.

Yes..the lock was not on the right part of the latch or wasn't put on there correctly by the first officer who sealed it. Or it didn't lock at all and DM knew it which is why he left it in the driveway unlocked up against the garage. It was a human mistake. Unfortunate but it happened. It was not secured right from the driveway in Kleinburg. Just a fluke it didn't open on the way to Hamilton but nothing sketchy happened in Hamilton either. According to the following news article, the lock was still on the trailer when the doors opened, it just was never put on there properly. It was never removed in Hamilton.

"The lock wasn't actually securing the doors closed," she said, elaborating that the bar across the back of the trailer didn't secure the doors properly.

A trailer containing Tim Bosma's truck, key evidence in the murder trial of the two men accused of killing him, was left unsecured during transport to an Ontario Provincial Police facility, court heard Wednesday — allowing a box to fly out the rear doors onto the highway, where it was run over by an unmarked police car.

The trailer with the Ancaster, Ont., man's truck inside was being transported from a secure facility in Hamilton to an OPP forensics facility in Tillsonburg, Ont., for examination on May 14, 2013.

Det. Const. Lauren Troubridge was tasked with following the trailer as it was towed. On Highway 403, at the Golf Links Road overpass, the rear doors of the trailer flew open while travelling around 110 km/h, Troubridge testified in court Wednesday.

"The lock wasn't actually securing the doors closed," she said, elaborating that the bar across the back of the trailer didn't secure the doors properly.

Const. Brent Gibson testified that on May 12, 2013, he locked the trailer with his own lock. During cross-examination, Troubridge agreed that the doors "apparently" weren't secured as they should have been.

http://www.cbc.ca/news/canada/hamil...t-unsecured-during-police-transport-1.3441914

 

[Ontario Mom]

I would suspect DM still had his own phone on him at the time of his arrest. Who knows where the Bate phone went (incinerator, maybe?), since it shut off just after 9pm on May 6th and never came back on. But his OWN phone, was likely gone over with a fine tooth comb by an expert that knows how to retrieve all kinds of goodies. Deleted images, emails, histories, texts, etc. One can only hope, anyway.

 

[Tamarind]

Yeah, mortified that the OTHER officer that sealed the trailer didn't check to see that it was locked - JT's job was only to escort an already secured trailer. Too bad RP pooped on her for what was clearly the previous officer's responsibility.

The other officer testified first I think. So by the time the trailer issue came into evidence the only officer to question was the one on the stand telling what happened.

 

[LoyalSleuth]

Will we get to see the power points? I never knew about the texts between MS And his gf during and right after TB test drive / murder.

Sent from my SGH-I747M using Tapatalk

 

[Kamille]

A whole lot of cell phone info here in the Affadavit of Patricia McIlveen for those who want to dive into this. Many phone records.

http://www.scribd.com/doc/298928468/Affidavit-of-Patricia-McIlveen

Oh sure...make public all the records for the victim but nothing for the accused. LOL

That is so sad to see the last entries. :cry:

MOO

 

[Stratocaster]

I would expect that the OPP Intelligence Analyst (Phillip Wilkinson) will be recalled tomorrow.....but to sum up his testimony today

May 3, 2013

- Bate phone calls to Araujo and Palmilli (don't believe data for MS and DM phones was presented for this day......but the jury got a lot more info that the tweeters could keep up with)

May 4, 2013

- Bate phone called Igor and TB (ping was near Millard residence in Etobicoke)
- DM communicated with Spaford and Wishbone

[presumption is DM had Bate phone]


May 5, 2013

- Bate phone called Igor at 3:05pm - pinged in North York
- an hour later MS phone pinged on same tower
- at 4:19 DM phone pinged on a tower in the similar area

[inference is that DM, MS and Bate phone we all in same location in the afternoon]

- 11pm - DM and Bate phone ping off towers close to DM Etobicoke residence

[inference is that DM had Bate phone]


May 6, 2013

early am - DM phone pings off tower near his Etobicoke home
7:21 am - TB texts Bate phone - DM phone pings off tower in same area
texts coming in all morning - all pings off tower in Etobicoke
7:22 pm - Bate phone calls TB (still pinging off tower near DM home)

[inference - during this time DM has Bate phone]

6:00 pm MS phone pings at MS residence
7:58 pm SS texts DM and DM's phone pings off same tower as MS's in Oakville

[inference - DM and MS are now together in Oakville]

8:44pm MS gets a text from MM and pings off tower in Ancaster
9:02pm DM phone pinged in Ancaster
9:05pm Bate phone calls TB - THIS WAS THE LAST COMMUNICATION WITH THIS PHONE
9:20pm MS phone still pinging on tower in Ancaster
after 9:20pm MS phone in expert's opinion was shut off, SIM card removed and battery removed. NO FURTHER SIGNALS
9:44pm DM's phone pings off a tower west of TB's residence (I think we previously had a more specific location for this)
THEN (nothing more specific than that) DM phone pings off tower just north of Ayr Farm
11:59pm DM phone pinged off tower very near MillardAir Hangar

[inference.....DM and MS were together with Bate phone when TB went missing. MS deactivated his phone in some way. DM phone pinged off his route that night, ending up at the hangar]


May 7, 2013

9:18am - 9:21am (I realize there is a discrepancy between this and what Adam Smith reported) MS phone turned on briefly and 21 text messages came through


All of the inferences are my opinion. I did this quickly so if I missed anything or need to add anything please let me know!

...this is chiiling to me, MOO appears the co-accused hiding the Yukon at 8:44 at Trinity and Book, and my guess is MS is alone (one in each vehicle) when he has a quick second to disable his phone at 9:20 (sim/battery removal) one would assume DM would do the same with his personal cell if he saw MS doing it.....all MOO

 

[Kamille]

So how about the other evidence presented today about DM's left ring finger fingerprint on the door handle? Wouldn't you think that his and MS's and TB's should be all over the vehicle? So why are we just getting evidence of a couple of DM prints lifted from areas that someone might not think to wipe down? Or that got missed in a wipe down?

Or are we going to hear evidence of a bunch of other fingerprints found on the vehicle? Did SS ever touch it while it was in the hangar?

MOO

 

[Sleepy Villager]

I wonder if the jury has access to experts to explain pings and towers and all of that jargon. I would be so worried I'd screw it all up by misunderstanding something.

Also, why is the defense not bound by the same rules of disclosure that the prosecution is?

 

[Ontario Mom]

So how about the other evidence presented today about DM's left ring finger fingerprint on the door handle? Wouldn't you think that his and MS's and TB's should be all over the vehicle? So why are we just getting evidence of a couple of DM prints lifted from areas that someone might not think to wipe down? Or that got missed in a wipe down?

Or are we going to hear evidence of a bunch of other fingerprints found on the vehicle? Did SS ever touch it while it was in the hangar?

MOO

I don't have a link, but I seem to recall reading that Tim came home that evening/day? and cleaned up the truck for the test drive. As for MS, I do think he was wearing gloves - which would have been hidden since he kept his hands in his hoody pocket.

ETA:

But one potential buyer answered that ad and arranged to meet Bosma at his home in the Hamilton, Ont., community of Ancaster, on May 6, 2013. Bosma washed and waxed the truck the day before and, as he waited that evening, put on a little touch up paint. The potential buyer and a friend were coming from Toronto and were late. It was getting dark, court heard.

http://news.nationalpost.com/news/c...plead-not-guilty-on-first-day-of-murder-trial

 

[Kamille]

I wonder if the jury has access to experts to explain pings and towers and all of that jargon. I would be so worried I'd screw it all up by misunderstanding something.

Also, why is the defense not bound by the same rules of disclosure that the prosecution is?

The jury has spent a good part of the first 7 days of this trial hearing from cell experts explaining pings and towers etc. And according to the article below, they can expect more.

Right now they are still in the process of going over a power point presentation by Phillip Wilkinson, an operational intelligence analyst with the OPP.

His job is to take that complicated data from the service providers and create a phone activity presentation that can be used in court cases like this one. He must present the evidence in a way jurors and judges can understand.

For this trial, it took him 60 hours of work. He was on the stand for more than an hour already, under the examination of assistant Crown attorney Craig Fraser, and will return Thursday. He is using PowerPoint to show the jury all the activity between those key phones from May 3 to May 10. We can see movement as phones ping off towers in Etobicoke (where Millard lived) to Oakville (where Smich lived) to the home of Igor Tumanenko in Toronto who was selling his truck, to Ancaster (where Tim lived) and Brantford (where Tim's phone was found) to Ayr (where Millard owned a farm) and Breslau (where the Millardair hangar was.)

And we see that wherever Millard's phone goes, so too goes the prepaid phone registered to the mysterious Lucas Bate.


http://www.thespec.com/news-story/6...sma-cellphone-evidence-vital-if-not-riveting/

Can't answer your other question. Perhaps we have some legal minds here who can.

MOO

 

[Kamille]

I don't have a link, but I seem to recall reading that Tim came home that evening/day? and cleaned up the truck for the test drive. As for MS, I do think he was wearing gloves - which would have been hidden since he kept his hands in his hoody pocket.

ETA: http://news.nationalpost.com/news/c...plead-not-guilty-on-first-day-of-murder-trial

Why would we think that someone who had their hands in their pockets was wearing gloves? In May? Wouldn't TB have noticed this when they were all getting into the truck? He and MS got in on the same side.

I still think the truck got a thorough cleaning and wipedown before being put in that trailer. How else do we explain the lack of substantial amounts of blood (and perhaps DNA from the accused) in it?

MOO

 

[Somegirl]

I am starting to think that the Employee that DM asked CN (through a letter from jail) to get to change his statement was AJ - he was the only one who could say that he actually saw a vehicle the same as TB's vehicle in the hangar. MS had been given the gun to dispose of, CN had been given the video tape from the hangar, and the vehicle was hidden before LE arrived. AJ was the only weak link that could confirm he saw it with his own eyes. Perhaps DM thought he could (through CN) convince AJ to say that he saw a black truck but that he couldn't be 100 percent certain it was the same make and model as TB's - creating some reasonable doubt. DM likely didn't know that AJ took pictures of it and the VIN number and had provided this to the police. MO

 

[Sillybilly]

I wonder if the jury has access to experts to explain pings and towers and all of that jargon. I would be so worried I'd screw it all up by misunderstanding something.

Also, why is the defense not bound by the same rules of disclosure that the prosecution is?

As a general rule, there is no duty of disclosure by the defence, but the Crown is required to disclose evidence and statements to the defence.

from:
http://webcache.googleusercontent.c...en/61127WS26398.htm+&cd=4&hl=en&ct=clnk&gl=ca

in Canada, R v Stinchcombe, supra and R v. Peruta (1992) 78 C.C.C. 3d. 350 where the headnote usefully summarises the position in saying (per Tyndale J.A. and Moisan J. concurring): "While there is a common law duty on the Crown to disclose to the defence copies of all statements in its possession, there is no corresponding duty of disclosure by the defence" and again (per Proulx J.A. and Moisan J. concurring):

Documents prepared in contemplation of litigation are privileged. Since these statements were requested and obtained in order for counsel to prepare their defence, they were privileged. As well, the Crown had no right to production of the statements. Sections 10 and 11 of the Canada Evidence Act govern the procedure for cross-examination of prior statements but do not give the adverse party the right to obtain the prior statement of the witness he wishes to cross-examine. The discovery of evidence in the possession of the Crown is a constitutional guarantee for the accused, but it does not give a corresponding duty to the defence to divulge evidence in favour of the prosecution. Id.

<bbm>

The defence doesn't have to prove anything, they only have to raise reasonable doubt, although they cannot flat-out lie to the court.

(There are some cases known as reverse onus cases (not this one) where the defendant is required to prove they are not guilty. Although I can't find any handy reference to it right now, I think it's safe to say the defence would then have a duty to disclose to the Crown because they are having to prove their claim of not guilty.)

In short, whichever side is responsible for the burden of proof is the side that has a duty to disclose.

 

[Kamille]

As a general rule, there is no duty of disclosure by the defence, but the Crown is required to disclose evidence and statements to the defence.

from:
http://webcache.googleusercontent.c...en/61127WS26398.htm+&cd=4&hl=en&ct=clnk&gl=ca

<bbm>

The defence doesn't have to prove anything, they only have to raise reasonable doubt, although they cannot flat-out lie to the court.

(There are some cases known as reverse onus cases (not this one) where the defendant is required to prove they are not guilty. Although I can't find any handy reference to it right now, I think it's safe to say the defence would then have a duty to disclose to the Crown because they are having to prove their claim of not guilty.)

In short, whichever side is responsible for the burden of proof is the side that has a duty to disclose.

Thanks sillybilly

They do have to disclose any witnesses or experts that they intend to call though don't they?

 

[Sillybilly]

A whole lot of cell phone info here in the Affadavit of Patricia McIlveen for those who want to dive into this. Many phone records.

http://www.scribd.com/doc/298928468/Affidavit-of-Patricia-McIlveen

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