Bosma Murder Trial 05.11.16 - Day 47 - Smich Defence commences

[SuperSpy]

What was CN's alibi for the night of the test drive ?

 

[Jug Up]

Again, who leaves their keys in plain view in an unlocked truck, especially a pair of professional thieves? It just doesn't make sense! ?

In fairness, if you know the area, you wouldn't be surprised. It is an extremely rural area, and on top of that, the Yukon was allegedly in a laneway/field according to the neighbour. There is not much around. That Yukon wasn't going anywhere.

 

[ArianeEmory]

I don't know about this. If you hit a side window with a "safety hammer" that is designed to break a window in the case of going through ice, it shatters into a million pieces. I'm surprised that the passenger window didn't do this. Has Mythbusters tested this ?

Did you look at google image search for pictures of car windows with bullet holes in them? No need for Mythbusters.

 

[NashBridges2]

And this is why I could never be a lawyer. This point didn't even occur to me.

I am, however, insanely curious about what DM's lawyers WILL ask.

His lawyer will bring up his troubled past, the drugs, being a willing participant in the missions, etc. Basically try and paint the worst possible image they can of Smich, but the damage will have been done. Whether or not he's lying about being in the Yukon, or who shot who, he's admitting they planned to steal the truck. He's going to admit they burned the body, etc. The jury doesn't need anymore than that.

 

[CJPRINCESS]

What time was Tim and DM talking when they walked up the driveway? Sounds like MS turned it off after.

MOO

Didn't MM testify that MS plugged in his phone and that's when all the messages flooded in? So IMO, this would mean that MS'S phone died. She also claimed that MS was having all sorts of issues with that phone but they couldn't afford to fix it or buy a new one.

 

[Ontario Mom]

I really don't know what to think right now. I do find it rather curious that MS is quite adamant about being shocked that night, due to none of his and DM's previous crimes having ever involved physically harming anyone. Which of course brings us to his charge in the LB case.

IF he's being honest about what happened that night, does this mean he had nothing to do with LB's murder either? If not, what in the world is the evidence LE has against him that brought the charge? Boy, this testimony just generates more questions.

 

[ArianeEmory]

Possible explanation of keys left in truck:

Didn't we see that DM's keyring had a bajillion keys on it? Wouldn't it be kind of hard to conceal, thus giving lie to their usual 'a friend dropped us off' story?

Just a thought.

I agree MS is lying about some stuff.

 

[LoyalSleuth]

In fairness, if you know the area, you wouldn't be surprised. It is an extremely rural area, and on top of that, the Yukon was allegedly in a laneway/field according to the neighbour. There is not much around. That Yukon wasn't going anywhere.

Plus the dog was most likely in the Yukon, while DM and MS were at the Bosmas.

Sent from my SM-A500W using Tapatalk

 

[MorningStar22]

Again, who leaves their keys in plain view in an unlocked truck, especially a pair of professional thieves? It just doesn't make sense! Smich didn't say why aren't you taking your keys? Millard just assumed he saw that he put them in the cupholder? These guys had been planning this for days, Millard even going "Mission Prep" in Kitchener days before, and then he's not going to tell Smich the plan? Not likely.

To be fair... not sure where you live, andreww, but I am pretty rural also and always leave my keys in my car.

I do get the impression that Smich will be angling towards Millard leaving him out of the plan - already we have heard that he wasn't privy to the calls with truck owners.

 

[matou]

I think it happened this way. DM wanted the truck. He was going to Baja. He would probably not be able to steal a diesel Ram with a fifth wheel in time for his stupid race. He was keeping the tuck no matter what. I do think though that Smich knew about what DM would do to get it, including murder. JMO

 

[spanishshara]

I really don't know what to think right now. I do find it rather curious that MS is quite adamant about being shocked that night, due to none of his and DM's previous crimes having ever involved physically harming anyone. Which of course brings us to his charge in the LB case.

IF he's being honest about what happened that night, does this mean he had nothing to do with LB's murder either? If not, what in the world is the evidence LE has against him that brought the charge? Boy, this testimony just generates more questions.

I'm really curious about the evidence they have on them with LB.

 

[ArianeEmory]

I really don't know what to think right now. I do find it rather curious that MS is quite adamant about being shocked that night, due to none of his and DM's previous crimes having ever involved physically harming anyone. Which of course brings us to his charge in the LB case.

IF he's being honest about what happened that night, does this mean he had nothing to do with LB's murder either? If not, what in the world is the evidence LE has against him that brought the charge? Boy, this testimony just generates more questions.

Here's another question:

Does TD already have all the 'disclosure' in the LB case? Maybe he's confident about that one.

 

[SuperSpy]

In fairness, if you know the area, you wouldn't be surprised. It is an extremely rural area, and on top of that, the Yukon was allegedly in a laneway/field according to the neighbour. There is not much around. That Yukon wasn't going anywhere.

It was being guarded by Pedo the dog too.

 

[andreww]

I don't know about this. If you hit a side window with a "safety hammer" that is designed to break a window in the case of going through ice, it shatters into a million pieces. I'm surprised that the passenger window didn't do this. Has Mythbusters tested this ?

Some glass will disintegrate, some stays in one piece. I believe if the windows are tinted, it will stay together. I may be mistaken though.

 

[matou]

Legal question: can Dungey represent Smich in the Laura Babcock murder as well?

 

[SnooperDuper]

I think MS has to overcome:

(1) the Yukon keys situation. With keys inside and visible, a dog, an unlocked vehicle...MS had to know that they were coming back in an instant.

(2) the fireside furniture and the sizzling sausages, which I take as a joking reference to incineration.

(3) the celebratory mood in the Yukon the next morning.

I am calling it 1st degree on those counts.

 

[Jug Up]

Many of the windows were tinted in the Yukon, and depending on what angle it was parked, he may have not noticed there was no one there. I believe as CN would say it was getting dark (dawn).

All holes in his story will be explored by the crown, and DM's defence team.
MOO

And I get that. Hindsight is always 20/20.

But to go into a laneway/field to a truck around the corner from his house would raise flags, especially when the "friend" could have just driven the truck up his driveway to his house. Not to mention there are at least two Tim Horton's within about three minutes of his house, something TB surely knew.

Something just isn't sitting right about some of MS's testimony.

 

[Massasauga Rattler]

I don't know about this. If you hit a side window with a "safety hammer" that is designed to break a window in the case of going through ice, it shatters into a million pieces. I'm surprised that the passenger window didn't do this. Has Mythbusters tested this ?

The velocity of a bullet can have a cutting effect on the glass which could leave surround glass intact. A safety hammer blow has the effect of cleaving the glass which would trigger a shatter.

 

[ArianeEmory]

Legal question: can Dungey represent Smich in the Laura Babcock murder as well?

I'm repeating hearsay, but I think someone posted today that TD *is* handling the LB trial.

 

[andreww]

To be fair... not sure where you live, andreww, but I am pretty rural also and always leave my keys in my car.

I do get the impression that Smich will be angling towards Millard leaving him out of the plan - already we have heard that he wasn't privy to the calls with truck owners.

Yes, temper that comment with the fact that Smich is trying to prove he was completely unaware this crime was going to happen. Lets not forget the fireworks, tape, spare clothes, gloves, sausage, furniture and celebrating. But we'll hear about all that stuff eventually, mark my words.