Bosma Murder Trial 04.28.16 - Day 42

[SnooperDuper]

Susan Clairmont ‏@susanclairmont 6m6 minutes ago
Leitch takes her to her own notes found in her bedroom.

Lisa Hepfner ‏@HefCHCHNews 5m5 minutes ago
Noudga was given a non-contact order months after #Millard arrest, she says. "It wasn't recommended I see Dellen Millard," before order

Susan Clairmont ‏@susanclairmont 5m5 minutes ago
"I was told it wasn't recommended for me to see DM. It wasn't said we had a non-communication order." #bosma

molly hayes ‏@mollyhayes 5m5 minutes ago
Leitch gives her another passage of her writings to read. #Bosma

molly hayes ‏@mollyhayes 5m5 minutes ago
She now says "I wasn't aware...I just...in order to get my letters across I'd give them to Madeleine..." #Bosma

Lisa Hepfner ‏@HefCHCHNews 5m5 minutes ago
Now reading own writings on awareness of non-contact order. "In order to get my letters across I'd give them to Madeleine."

 

[ArianeEmory]

NOT A LAWYER. Some googling on section 9 subsection 2:

"(2) Where the party producing a witness alleges that the witness made at other times a statement in writing, reduced to writing, or recorded on audio tape or video tape or otherwise, inconsistent with the witness’ present testimony, the court may, without proof that the witness is adverse, grant leave to that party to cross-examine the witness as to the statement and the court may consider the cross-examination in determining whether in the opinion of the court the witness is adverse."

And someone's interpretation:

"Section 9(2) is not concerned with the cross-examination of an adverse witness. That subsection confers a discretion on a trial Judge where the party producing a witness alleges that the witness has made, at another time, a written statement inconsistent with the evidence being given at the trial. The discretion is to permit, without proof that the witness is adverse, cross-examination as to the statement"

This assumes I am looking at the right thing!

 

[matou]

Madeleine Burns gave CN's letters to Dellen when MB visited in jail.

 

[SnooperDuper]

Susan Clairmont ‏@susanclairmont 5m5 minutes ago
Leitch takes her to 1 of her own notes. "I wasn't aware of the no-contact order. To get my letters across, I would give them to Madeleine."

molly hayes ‏@mollyhayes 5m5 minutes ago
She called the jail she said to find out visiting hours, because originally she wanted to visit but then everyone said it was a bad idea.

Lisa Hepfner ‏@HefCHCHNews 5m5 minutes ago
She called the jail to find visiting hours. But others told her it wasn't a good idea to visit. #TimBosma

Susan Clairmont ‏@susanclairmont 5m5 minutes ago
She admits calling jail. She says it was to learn visiting hours. People advised her against visiting Millard.

molly hayes ‏@mollyhayes 5m5 minutes ago
Leitch says "at this point I have an application to make." #Bosma

Lisa Hepfner ‏@HefCHCHNews 4m4 minutes ago
Crown says he has an application under the Canada Evidence Act. Now. It's important he says. Jury steps out. #TimBosma

 

[Arnie M]

Adverse witnesses

9 (1) A party producing a witness shall not be allowed to impeach his credit by general evidence of bad character, but if the witness, in the opinion of the court, proves adverse, the party may contradict him by other evidence, or, by leave of the court, may prove that the witness made at other times a statement inconsistent with his present testimony, but before the last mentioned proof can be given the circumstances of the supposed statement, sufficient to designate the particular occasion, shall be mentioned to the witness, and he shall be asked whether or not he did make the statement.


Previous statements by witness not proved adverse

(2) Where the party producing a witness alleges that the witness made at other times a statement in writing, reduced to writing, or recorded on audio tape or video tape or otherwise, inconsistent with the witness’ present testimony, the court may, without proof that the witness is adverse, grant leave to that party to cross-examine the witness as to the statement and the court may consider the cross-examination in determining whether in the opinion of the court the witness is adverse.

R.S., 1985, c. C-5, s. 9; 1994, c. 44, s. 85.

 

[RandomName479]

I think she is doing just fine if you are talking about her own interests. Who cares if you look stupid if you don't have to serve 10 years?

This is not her trial......she is doing nothing to protect her own interests here....as long as she is being honest, nothing she says on the stand can be used against her. Her time will come.....MOO

 

[SnooperDuper]

molly hayes ‏@mollyhayes 5m5 minutes ago
Judge asks the jury to step out for a few moments. #Bosma

Alex Pierson ‏@AlexpiersonAMP 5m5 minutes ago
Nougda reads her notes. '" I wasn't aware of no contact order. So i wld give the letters to madeline" she wanted to visit. Told not to.

Susan Clairmont ‏@susanclairmont 4m4 minutes ago
Leitch has an application to make under the Canada Evidence Act "at this very moment." Jury being asked to step out. #Bosma

Alex Pierson ‏@AlexpiersonAMP 4m4 minutes ago
Nougda says despite order she called him in jail. @AM900CHML #timbosma

Shannon Martin ‏@ShannonMartinTV 4m4 minutes ago Toronto, Ontario
Jury has now left the room. #TimBosma #Bosma

Alex Pierson ‏@AlexpiersonAMP 4m4 minutes ago
Jury out. Legal arguments. Stand by

 

[meterclicks]

The jury now being brought back in. So everyone knows, the section of the act Leitch referenced has to do with dealing with an adverse witness.
by Adam Carter 12:17 PM

 

[DeepWoodsOff]

Simply incredible. Was everyone in DM's life crooked? So they start to think maybe the truck is in the trailer so their first thought isn't to call police...it is to go back and wipe their prints off the trailer??? You think the truck could be in there so you are essentially tampering with evidence. Call the police and tell them they will likely find your prints. This is all BS. They knew what was in that trailer and they weren't wiping their own prints off...they were wiping DM's off for him! Why was "Madeleine" not called to testify???? MOO

 

[andreww]

(2) Where the party producing a witness alleges that the witness made at other times a statement in writing, reduced to writing, or recorded on audio tape or video tape or otherwise, inconsistent with the witness’ present testimony, the court may, without proof that the witness is adverse, grant leave to that party to cross-examine the witness as to the statement and the court may consider the cross-examination in determining whether in the opinion of the court the witness is adverse.

 

[ArianeEmory]

Simply incredible. Was everyone in DM's life crooked? So they start to think maybe the truck is in the trailer so their first thought isn't to call police...it is to go back and wipe their prints off the trailer??? You think the truck could be in there so you are essentially tampering with evidence. Call the police and tell them they will likely find your prints. This is all BS. They knew what was in that trailer and they weren't wiping their own prints off...they were wiping DM's off for him! Why was "Madeleine" not called to testify???? MOO

Thanks, couldn't figure out why they were so willing to admit to the wipedown.

 

[SnooperDuper]

Susan Clairmont ‏@susanclairmont 4m4 minutes ago
Noudga wearing white jacket, black pants, heels. #Bosma

molly hayes ‏@mollyhayes 2m2 minutes ago
Legal arguments underway now. #Bosma

molly hayes ‏@mollyhayes 27s28 seconds ago
Jury is being recalled. Noudga back on stand. #Bosma

molly hayes ‏@mollyhayes 36s36 seconds ago
Jury is being recalled. Noudga back on stand. #Bosma

molly hayes ‏@mollyhayes 15s16 seconds ago
Leitch asks her if she knew Millard was under order not to contact her. She says she was made aware "a few months" later. #Bosma

Lisa Hepfner ‏@HefCHCHNews 54s55 seconds ago
Back. Was Noudga aware of #Millard no-contact order? A few months after his arrest. Not directly spoken to me, she says. #TimBosma

 

[SnooperDuper]

Shannon Martin ‏@ShannonMartinTV 52s53 seconds ago Toronto, Ontario
Jury is back in the room. Crown asking her about a no contact order between Millard and Noudga. #Bosma #TimBosma

Susan Clairmont ‏@susanclairmont 47s48 seconds ago
We're back. Noudga says she was made aware of non-contact order "a few months" after Millard's arrest. Leitch takes her to her own notes.

molly hayes ‏@mollyhayes 41s42 seconds ago
Leitch asks her to take a look at her writings again. #Bosma

Lisa Hepfner ‏@HefCHCHNews 1m1 minute ago
She's refreshing her memory from her notes again. Reference to a court date. What month? I don't know. She knew he had court appearances

Susan Clairmont ‏@susanclairmont 31s31 seconds ago
Reference to a court date. Leitch asks what month that is. She doesn't know. He takes her to another page of her own notes. #Bosma

molly hayes ‏@mollyhayes 14s14 seconds ago
On one page there's something written and circled. Leitch asks if that refreshes her memory about whether she knew... #Bosma

 

[meterclicks]

Leitch now asking further questions. He asked if she knows Millard was under a no contact order. She says she was made aware of it "a few months" later.
by Adam Carter 12:19 PM

Leitch again pointing her to her notes and asking her to refresh her memory.
by Adam Carter 12:20 PM

He again asks her about when she knew about the court order. "I didn't find out about that court order until a latter date," she says.
by Adam Carter 12:21 PM

She says she doesn't know when the note she is reading now was written.
by Adam Carter 12:21 PM

 

[SnooperDuper]

Lisa Hepfner ‏@HefCHCHNews 41s42 seconds ago
She can't find the passage. Oh, the one that's circled? Read it to yourself. Now you remember the court order? I didn't find out til later

Susan Clairmont ‏@susanclairmont 36s37 seconds ago
He asks her to look at what she's written and circled. She insists she didn't know about order until later and her notes are out of order.

molly hayes ‏@mollyhayes 33s34 seconds ago
She says "I did not find out about that order until later...all of these have been placed out of order," she says. #Bosma

Lisa Hepfner ‏@HefCHCHNews 38s38 seconds ago
Noudga says her writings are out of order. Whenever I had a moment to write things or ponder things, new evidence revealed, I'd jot it down

molly hayes ‏@mollyhayes 39s39 seconds ago
She says she can't say when she wrote this. She says whenever she had a moment or when new evidence was revealed she'd jot it down. #Bosma

Susan Clairmont ‏@susanclairmont 30s30 seconds ago
She doesn't know when she wrote it. "Just when I had a moment...to ponder things" she would write it down. "It's very scattered."

 

[SnooperDuper]

Colin Butler ‏@ColinButlerCBC 1m1 minute ago
Noudga says she didn't find out about the no contact order until later, but can't say when later is. #Bosma "it's very scattered" she says.

Alex Pierson ‏@AlexpiersonAMP 1m1 minute ago
Crown asking when nougda told about no contact order. She says months. reading her notes. Says again' I didn't find out until a later date"

Lisa Hepfner ‏@HefCHCHNews 55s55 seconds ago
"It's very scattered." Noudga says of her writings.

molly hayes ‏@mollyhayes 44s44 seconds ago
Leitch directs her to another portion of her writings. #Bosma

Alex Pierson ‏@AlexpiersonAMP 43s44 seconds ago
Nougda claims; "all these letters have been placed out of dates. They aren't in the order they were written" @AM900CHML

molly hayes ‏@mollyhayes 22s23 seconds ago
There is a date, he says. Does that refresh your memory as to when you found out? She says yup... (1/2)

 

[andreww]

This is not her trial......she is doing nothing to protect her own interests here....as long as she is being honest, nothing she says on the stand can be used against her. Her time will come.....MOO

Never trust the government. Sure that can't use her testimony, but they can go out and dig for evidence that proves what she told them. CN could care less about Bosma, Millard, Smich or any of them. Right now her mission is not to admit that she had any prior knowledge that a crime had been committed, and her testimony shows that she's done a pretty good job of doing that.

 

[ArianeEmory]

(Having to block people using extremely misogynistic slurs against CN on twitter again today.)

 

[SnooperDuper]

Lisa Hepfner ‏@HefCHCHNews 34s35 seconds ago
There is a specific date on the page. Noudga still says it's not clear. Crown renews application. Jury sent for lunch. #TimBosma

molly hayes ‏@mollyhayes 37s38 seconds ago
"but it's still referring to seeing him." Leitch says he'll have to renew his application under the Canada Evidence Act. #Bosma

Susan Clairmont ‏@susanclairmont 34s35 seconds ago
Leitch takes her to yet another spot in note. She insists that what she's viewing in the notes refers to "seeing him" not "contacting him."

Alex Pierson ‏@AlexpiersonAMP 28s29 seconds ago
In other words nougda claims the dates on her letters don't accurately reflect the real dates. Jury is out. Legal arguments. @AM900CHML

Susan Clairmont ‏@susanclairmont 21s22 seconds ago
Leitch again says he needs to make an application. Jury dismissed for lunch. #Bosma

Colin Butler ‏@ColinButlerCBC 26s27 seconds ago
Crown doesn't seem to be making headway. Crown says it will make a hostile witness application before jury excused for lunch. #Bosma

 

[meterclicks]

Leitch points her to a specific date written on the page. She says it still doesn't refresh her memory.
by Adam Carter 12:22 PM

She says now she's referring to "seeing him" and not "contacting him." Leitch is now renewing his application under the Canada Evidence Act. The jury is excused until 2 p.m. for lunch, we're going into legal arguments.
by Adam Carter 12:24 PM