Bosma Murder Trial 05.09.16 - Day 46

[MsSherlock]

I think he will call MS's friend Arthur. He is a big player when it comes to the gun in the toolbox being picked up so why haven't we heard from him?

I guess that is another question of mine. Does the Crown get first choice of witnesses or is it just whoever subpoenas the witness first gets them?

IMO, there are a couple of people that may be of interest to MS's D- yes, Arthur but also MWJ would be of interest- he seems to be DM's "go to" guy for guns. Perhaps there are other people who received jail house mail from DM asking for their assistance and they approached TD? Guess we'll see on Wednesday! MOO

 

[canadiangirl]

Maybe something about his busted shoulder? JMO His doctor?

The calendar in his room had a doctor appt in May IIRC. It was photographed evidence

 

[Inspector_North]

molly hayes ‏@mollyhayes 49m49 minutes ago
Also the 2nd clarification Dungey made (jumping back) is that no-contact order Smich breached w friend Arthur related to a mischief charge.

Ah! I was wondering what that charge was all about. Makes sense now.
MOO

 

[mozzagirl]

thoughts on this anyone? Why did Dungey get to make clarifications? Was this an opening statement? And I understand emphasizing the shoulder injury....but why the breach of the no contact order with Arthur?

molly hayes ‏@mollyhayes 53m53 minutes ago
Thomas Dungey up to make a couple clarifications about evidence the jury has heard. #Bosma

Susan Clairmont ‏@susanclairmont 51m51 minutes ago
Thomas Dungey clarifying two points to jury: Smich's left shoulder was hurt; Smich had contact with "Arthur" about joint charge they faced.

molly hayes ‏@mollyhayes 51m51 minutes ago
The first is that Mark Smich's shoulder injury (that Marlena Meneses testified about) was to his LEFT shoulder. #Bosma

molly hayes ‏@mollyhayes 49m49 minutes ago
Also the 2nd clarification Dungey made (jumping back) is that no-contact order Smich breached w friend Arthur related to a mischief charge.

Lisa Hepfner ‏@HefCHCHNews 52m52 minutes ago
Dungey is telling jury his client Smich agrees he had a hurt left shoulder in May 2013, & he had a no-contact order with "Arthur"

IMO, it was said MS was sitting directly behind Tim in the truck. The way the blood spatter went, MS would have had to have used his left hand to reach around with the gun and shoot Tim.

If MS can get a doctor to testify that he couldn't lift that arm well, how could he have shot Tim with it?

That is the angle I think Dungey is going with that admission.

 

[canadiangirl]

IMO, it was said MS was sitting directly behind Tim in the truck. The way the blood spatter went, MS would have had to have used his left hand to reach around with the gun and shoot Tim.

If MS can get a doctor to testify that he couldn't lift that arm well, how could he have shot Tim with it?

That is the angle I think Dungey is going with that admission.

I think that is exactly right IMO

 

[Georgeo]

I think Smich is going to tell what happened that night.

That would be good for closure for the Bosma's. However, only if he tells the truth, and doesn't try to make it TB's fault that he was killed (ie. he attacked DM and MS and they were defending themselves, or something equally ludicrous).

Let's hope that maybe, Smitch has a sliver of conscience and humanity in him.....

 

[Inspector_North]

IMO, it was said MS was sitting directly behind Tim in the truck. The way the blood spatter went, MS would have had to have used his left hand to reach around with the gun and shoot Tim.

If MS can get a doctor to testify that he couldn't lift that arm well, how could he have shot Tim with it?

That is the angle I think Dungey is going with that admission.

Possibility, but I didn't think he needed to pull the trigger to be charged with first? He needs to prove that this mission was just another paid theft. Maybe a paid robbery, and must convince the jury he knew nothing about murder prior to the horrific criminal act.

MOO

 

[mozzagirl]

Possibility, but I didn't think he needed to pull the trigger to be charged with first? He needs to prove that this mission was just another paid theft. Maybe a paid robbery, and must convince the jury he knew nothing about murder prior to the horrific criminal act.

MOO

He doesn't need to have pulled the trigger, however, if he can show he didn't pull the trigger it may still help him. IMO, I definitely think Dungey is going for a lesser charge and to do that he definitely needs to show the jury that MS didn't pull the trigger.

 

[lclabtech]

I'm still not sure MS will actually testify but it'll be interesting to see what Dungey has up his sleeve. The doctor thing is an interesting idea.

 

[deugirtni]

I suppose we could still see MB, as a character witness, if she's still in Canada

If you are a Canadian citizen and your testimony is subpoenaed at a trial in Canada, can you not be called back to Canada to testify? Or is any witness just free to leave Canada for awhile to avoid that responsibility? Doesn't make sense to me that one could get away from their legal duty that easily. Does anyone know?

 

[JPC]

do anyone know where MB is? last seen? house occupied?

We heard plenty of theories about her being out of the country for the past 3 years. What we did learn is that she was hiding in plain site from DM's arrest onwards. She was slick enough to get a head start on the media circus that she knew would ensue DMs arrest, she knew that there was some kind of evidence in her driveway (or why else would she ensure that prints were wiped down), she picked up $$ and who knows what else from DMs on the night of the arrest, she kept his friends and hangers on close and dependent, she passed notes from DM to CN and facilitated calls despite the fact that there was a court ordered "no contact" in place which could have gotten him I'm even more trouble.

(modsnip)

 

[Ontario Mom]

Maybe someone can answer about MB being compelled to testify by a subpoena. Even if she is out of the country (and we don't know that she is), isn't she legally bound to appear if she receives a subpoena?

 

[EspressoBean]

If you are a Canadian citizen and your testimony is subpoenaed at a trial in Canada, can you not be called back to Canada to testify? Or is any witness just free to leave Canada for awhile to avoid that responsibility? Doesn't make sense to me that one could get away from their legal duty that easily. Does anyone know?

If you have been subpoenaed and you leave the country, that would be different.
If you are out of the country, there isn't much that can be done to serve the subpoena unless you return. That is my best understanding.

 

[matou]

Can Dungey recall previous witnesses?

 

[Ontario Mom]

If you are a Canadian citizen and your testimony is subpoenaed at a trial in Canada, can you not be called back to Canada to testify? Or is any witness just free to leave Canada for awhile to avoid that responsibility? Doesn't make sense to me that one could get away from their legal duty that easily. Does anyone know?

Thinking & posting the same thing at the same time

 

[brightii]

That would be good for closure for the Bosma's. However, only if he tells the truth, and doesn't try to make it TB's fault that he was killed (ie. he attacked DM and MS and they were defending themselves, or something equally ludicrous).

Let's hope that maybe, Smitch has a sliver of conscience and humanity in him.....

Whether or not TB put up any fight against his assailants makes no difference in my mind about TB being 100% the victim. Whatever the truth is - and whether or not MS tells it and is believed or not - TB's family will NEVER think less of TB no matter how he reacted in the terrifying circumstance he was forced into, IMO. I think TB's family just wants to know the truth of what happened, IMO, and they know already beyond all doubt and always will that what happened to TB was not his fault.

All MOO.

 

[Inspector_North]

He doesn't need to have pulled the trigger, however, if he can show he didn't pull the trigger it may still help him. IMO, I definitely think Dungey is going for a lesser charge and to do that he definitely needs to show the jury that MS didn't pull the trigger.

By your comment, and I don't disagree, there is not enough evidence to show premeditated murder for MS? So along with that, showing he didn't pull the trigger, he may get a reduced sentence?

I agree, but he would need the Jury to also believe there is not enough evidence of premeditation for MS.

MOO

 

[JuneBug67]

If you are a Canadian citizen and your testimony is subpoenaed at a trial in Canada, can you not be called back to Canada to testify? Or is any witness just free to leave Canada for awhile to avoid that responsibility? Doesn't make sense to me that one could get away from their legal duty that easily. Does anyone know?

I think DM managed to utterly destroy the credibility of not only himself but of anybody close to him who might have had relevant testimony to offer with regard to guilt. Who would believe him? Who would believe with enough confidence that any witness wasn't just spinning some tale DM had provided as a script? Honestly, I don't think I have seen another defendant destroy himself so thoroughly in all my years of crime and court watching. Wise decision not to testify. Only decision really. Maybe they're putting their eggs in some kind of appeal basket instead. Or maybe they're just resigned.

 

[andreww]

Who else is dying for Mark to get on the stand and tell all?????????

He's not going to get on the stand. He would be forced to answer questions that he doesn't want to answer. Where's the gun? Why'd you hide the gun? What was the sausage photo supposed to mean? ETC... IF HE TAKES THE STAND HE'LL END UP LOOKING GUILTIER THAN MILLARD.

 

[deugirtni]

He doesn't need to have pulled the trigger, however, if he can show he didn't pull the trigger it may still help him. IMO, I definitely think Dungey is going for a lesser charge and to do that he definitely needs to show the jury that MS didn't pull the trigger.

I can't see pulling the trigger being the deciding factor here, jmo. I would think it would be more based on i) whether Smich was present inside the vehicle at the time the trigger was pulled; and ii) whether Smich knew in advance that this murder was a planned event; and iii) whether the specifics of this situation can be deemed to have been a kidnapping/forcible confinement in a legal sense.

If MS knew they were setting out to steal a truck and murder the owner, it won't help him if he was the not actual trigger-puller; if the situation is deemed to be a legal forcible confinement, and MS was in the vehicle when TB was being forcibly confined, and then TB was killed accidentally or otherwise, it also won't help MS's case; if MS was NOT in the truck when TB was killed, AND MS was NOT aware of the planning for a murder, that is his only hope, as far as I can see.... but wouldn't that be pretty impossible to prove, unless there was an eye witness, which there wasn't? moo