Bosma Murder Trial 02.16.16 - Day 9

[Tamarind]

BBM.....as in my client was not necessarily the shooter from the backseat even though you found a shell there?

He just put his client in the back seat.... sorry if this was noticed already, trying to catch up.

 

[Tamarind]

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

So it could have already been in the truck. JMO

 

[MsSherlock]

Errors in police procedure can mean a lot more than being 'all the defense has' IMHO.

Has anyone testified that there was an actual error in police procedures? Or, are we just going on Dungey's assertion that a video of everything LE did from the time the truck was found in MB's driveway would make things even clearer?

 

[meterclicks]

Errors in police procedure can mean a lot more than being 'all the defense has' IMHO.

So far I don't see where there were any 'errors in police procedure'. There were areas that could have been done differently, but hindsight is always 20/20. Protocol was followed as I believe all of the LE who have testified so far have pointed out.

 

[Tamarind]

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

Do we know who this mysterious officer living in Florida is by any chance?

Update: Officer Banks ( just got to that part )

 

[RandomName479]

Whaaat? MS' prints not being on Tim's truck somehow puts MS in the truck???
And what video is there of MS being in the truck?

I completely agree that MS was in Tim's truck. Just trying to wrap my mind around how you've dismissed all of the evidence we've heard so far in this trial, and yet the absence of evidence (MS prints) somehow puts MS in Tim's truck.

ETA: RandomName, I see we were posting the same thoughts.

Your wording was much more eloquent but yep.....same thought.....

 

[Orgona]

In the name of justice, full disclosure should be of most importance to any accused, and to the public. MOO

It sure is. But that doesn't mean you need to have a cameraman breathing into a nek of every police officer doing any testing. And that would mean that everything have to be lit perfectly too, because God forbid it would be a shadow somewhere in the picture. LE would be immediately accused of doing that in purpose to conceal something. Foto's of steps and foto's of evidence should be enough coupled with notes and testimony.
But yeah, when the lawyers have nothing else to work with, then they are requesting procedures which are not the norm. I understand that. It's difficult to work for a client who can't help with anything else.

 

[Tamarind]

I believe with regard to the shell casing that notes showed it was not found on first inspection of the back seat of the truck, but became dislodged through movement of the seat/panels while testing was being done. Does anyone else remember this? (I'm on my phone so difficult to search.)

Cue Steven Avery. It always bothers me when things aren't found on first inspection !

 

[Tamarind]

BBM - I thought witnesses were not ask to give opinion on the stand? She's not an expert in this matter so why is this question admissible?

It's a common sense question. Most people would know it would take a lot of time and not five minutes, so I guess he is asking her to state the obvious. JMO

 

[Tamarind]

BBM - missing prints?? Since when does lack of evidence prove he was there? That is illogical. MOO I believe he likely was in the truck.....but IMO the lack of his prints does not prove that

It is not illogical to expect at least three sets of prints when we know for a fact that three people got into the Bosma truck on the Bosma driveway in front of two witnesses. JMHO

 

[ArianeEmory]

Sounds like I'm not the only one who's watched too many cop shows. (The one that comes to mind is Major Crimes, where they make a huge deal about videotaping everything. As an aside, the actor who plays the video-taping technician is married to the showrunner.)

 

[MsSherlock]

Cue Steven Avery. It always bothers me when things aren't found on first inspection !

I really wish they had found that shell casing on first glance of the truck- but seriously, how important is it considering that DM had already ripped the interior out and we have no idea what work SS had already done on it.

"When asked if he wanted the interior repainted as well, Millard said he had already stripped it down and to leave it black, Tony Diciano told the court."

http://www.thestar.com/news/crime/2016/02/08/tim-bosma-murder-trial-resumes-in-hamilton.html

 

[Tamarind]

Whaaat? MS' prints not being on Tim's truck somehow puts MS in the truck???
And what video is there of MS being in the truck?

I completely agree that MS was in Tim's truck. Just trying to wrap my mind around how you've dismissed all of the evidence we've heard so far in this trial, and yet the absence of evidence (MS prints) somehow puts MS in Tim's truck.

ETA: RandomName, I see we were posting the same thoughts.

Point is, at least two sets of prints are missing. Allegedly only one thumb print on a mirror and a handle point to DM ( drivers side). Dungey has today put his client in the rear of the truck IMHO.

 

[Tamarind]

Has anyone testified that there was an actual error in police procedures? Or, are we just going on Dungey's assertion that a video of everything LE did from the time the truck was found in MB's driveway would make things even clearer?

It doesn't need anyone to testify to errors. The errors can and may become evident, as indeed they are IMHO.

 

[SnooperDuper]

Point is, at least two sets of prints are missing. Allegedly only one thumb print on a mirror and a handle point to DM ( drivers side). Dungey has today put his client in the rear of the truck IMHO.

There were many prints that were too blurry to process...DM's just unlucky in that he came up with two bingos.

 

[Tamarind]

So far I don't see where there were any 'errors in police procedure'. There were areas that could have been done differently, but hindsight is always 20/20. Protocol was followed as I believe all of the LE who have testified so far have pointed out.

The defense doesn't appear to agree from what I can tell. JMO

 

[SnooperDuper]

Cue Steven Avery. It always bothers me when things aren't found on first inspection !

Well, if you are making a parallel between SA and DM, I agree, DM's "innocence" is all hype and no substance.

 

[Tamarind]

It sure is. But that doesn't mean you need to have a cameraman breathing into a nek of every police officer doing any testing. And that would mean that everything have to be lit perfectly too, because God forbid it would be a shadow somewhere in the picture. LE would be immediately accused of doing that in purpose to conceal something. Foto's of steps and foto's of evidence should be enough coupled with notes and testimony.
But yeah, when the lawyers have nothing else to work with, then they are requesting procedures which are not the norm. I understand that. It's difficult to work for a client who can't help with anything else.

We will have to agree to differ on this. I feel that every effort should be made to provide an accused with full disclosure. Today we are seeing a break in continuity which means that things are missing or that there are things that can't be proven in regard to collection, destruction and contamination of evidence JMO IMHO

 

[andreww]

Maybe so, but these days and due to the difficulty in accessing the truck , one would think they would have covered all bases and made things clear as possible, instead of as clear as mud JMO

Maybe so but should LE have videotaped the scene in Stoufville too? Hamilton? How about all those days at the farm? Lets not forget all the investigations at the hanger and at Millard's home in Etobicoke. Do you have any idea how many man hours were logged in this case? And thats just one case. Multiply that by the number of Murders in Southern Ontario, that is if we are just going to limit this to murders. We'll soon have more videographers than cops lol.

 

[meterclicks]

The defense doesn't appear to agree from what I can tell. JMO

From the tweets, it was never stated that the defense said there were errors, they questioned how things were done (or why certain things were not) - this does not equal error. I don't see a quote from either RP or TD explicitly saying so.