Bosma Murder Trial 05.11.16 - Day 47 - Smich Defence commences

[ArianeEmory]

Im wondering what evidence is on MS for LB'S murder.

Also, I believe most of his testimony except for "he didn't help put TB'S body in the incinerator due to his arm" because he said "he helped remove the seats" That Seat assembly is awkward and heavy! They removed it in one piece according to the exhibit photos.

Well, he admitted on the stand that his arm wasn't the only reason. (Or he 'claimed' to admit it, insert standard disclaimers here.)

 

[SnooperDuper]

Colin Butler ‏@ColinButlerCBC 6m6 minutes ago
She told him to go to the police, but Smich says he was in denial. "I was scared, I was confused. I should have listened to her," he says.

Susan Clairmont ‏@susanclairmont 6m6 minutes ago
after Dell's arrest things started coming on the news and she started asking me questions...she got very furious sometimes...

molly hayes ‏@mollyhayes 6m6 minutes ago
"I should have listened to her in the first place," he says. #Bosma

Shannon Martin ‏@ShannonMartinTV 6m6 minutes ago Vaughan, Ontario
Smich: I didn't go to the police because I was in denial. I did not kill Mr. Bosma. I was scared, I was confused. #Bosma #HamOnt

Lisa Hepfner ‏@HefCHCHNews 6m6 minutes ago
"I did tell her he was gone," Smich says, because Millard was arrested for forcible confinement. She said where's the guy?

Susan Clairmont ‏@susanclairmont 6m6 minutes ago
I told her little bits and pieces. I told her Dell shot Mr. Bosma. I told her Dell burned Mr. Bosma. She asked me questions. ...

 

[ArianeEmory]

Thanks for all the tweets, Snooper. I just realized we've been Adam Carter-less for the last while.

 

[SnooperDuper]

molly hayes ‏@mollyhayes 6m6 minutes ago
Dungey asks about the words "gone gone" Marlena used. He says this was when Dellen was still charged w/ theft and forcible confinement.

Alex Pierson ‏@AlexpiersonAMP 6m6 minutes ago
"Nothing was supposed to unfold as it did. She told me to go to police. I didn't. I was in denial. I didn't kill mr Bosma. I was scared."

molly hayes ‏@mollyhayes 6m6 minutes ago
It was afterwards he told her specifically what had happened. #Bosma

Lisa Hepfner ‏@HefCHCHNews 6m6 minutes ago
Smich said "he's gone" Marlena wanted to know what that meant. "Gone gone," he explained #TimBosma

Susan Clairmont ‏@susanclairmont 6m6 minutes ago
I told her as little as possible...Nothing was supposed to happen the way that it did.

Adrian Humphreys ‏@AD_Humphreys 6m6 minutes ago
‘He looked mad, like a lunatic’: Mark Smich, co-accused in #Bosma murder, says he had no idea killing would happen: http://news.nationalpost.com/news/c...-smich-takes-the-stand-at-the-tim-bosma-trial

 

[ArianeEmory]

Peter Akman @PeterAkmanCTV
And the smile is back on Millard's face. Not sure what he finds so funny. #Bosma @CTVNews

(Tweet from a few seconds ago, after the break was announced.)

 

[SnooperDuper]

I can add him (tweets) unless someone wants to do the live blog

 

[Massasauga Rattler]

If deliberations for the jury take a long time I think it will be to do with MS. DM, IMO, is a slam dunk guilty of 1st degree. MS, well, his testimony may make it a lot harder to decide what to convict him of.

Which I guess is a question I have. If DM is convicted but the jury can't come to a unanimous decision about MS, does MS get his own separate trial later?

I'm really wondering how they can convict MS on first degree now (unless under cross-he's proven to be lying). As far as I can see, his story IS reasonable, and the Crown has not (to-date) provided enough evidence to the contrary disproving his account. In other words, I don't think the Crown has proven the events they allege are true in light of MS's explanation of them. I can honestly see an acquittal on all murder charges and perhaps an accessory after the fact conviction.

I shall, however, remain open to being proven wrong on my opinion, until I hear the full cross exam.

 

[SuperSpy]

So MM knew more than she let on when on the stand. Another person in this circle is a liar.

And we all know that CN called MM to find out what happened. The plot thickens.

Who cleaned out the incinerator before it was hidden ? Remember the timeline that CN gave didn't jive with the cell phone pings ?

 

[meterclicks]

Sorry for the upcoming flood of updates... just catching up on Adam's live feed...

We're back at 2:15 p.m.
by Adam Carter 12:58 PM

We're now back in court and should resume shortly.
by Adam Carter 2:14 PM

We're now underway. The jury is being recalled.
by Adam Carter 2:19 PM

Dungey now continuing his examination in chief of Smich.
by Adam Carter 2:21 PM

Smich says he had gotten back into the Yukon and was following Millard. They ended up at Millard's farm.
by Adam Carter 2:22 PM

"We pulled up, he jumped out of the vehicle. He unchained a gate that's there in the front, he pulled in, I follwed him in, we drove around to the back of the barn, pulled up there. He got out of the vehicle, I got out of the vehicle. He told me to go close the gate," Smich says.
by Adam Carter 2:22 PM

Millard told Smich to chain the gate to "make sure nobody followed us." "I walked back, when I got back, then I seen Mr. Bosma laying on what appeared to be some sort of a sheet. The passenger side door of the truck was open. There was blood all over the whole left side of Mr. Bosma around his head."
by Adam Carter 2:24 PM

"There was a lot of blood."
by Adam Carter 2:24 PM

"Dell told me to open the barn door, and he rolled Mr. Bosma up in the sheet. I opened the barn door. Then he told me to help him hitch the Eliminator onto the truck."
by Adam Carter 2:25 PM

"He backed up Bosma's vehicle to the Eliminator and we attached it. We pulled it forward to where Mr. Bosma's body was laying and after that he got out of of the vehicle. He proceeded to open the hatch of the Eliminator. He asked me ... he told me to help him put Mr. Bosma into the Eliminator, and I told him I can't. I didn't want to go anywhere near that ... I told him it was because of my shoulder."
by Adam Carter 2:27 PM

"There's no one word that can describe what was going on at that time."
by Adam Carter 2:27 PM

Smich says they then went to the hangar. He didn't specify what exactly was done with Bosma's body.
by Adam Carter 2:28 PM

When there, Millard unhooked the Eliminator, Smich says.
by Adam Carter 2:29 PM

 

[SnooperDuper]

Lisa Hepfner ‏@HefCHCHNews 8m8 minutes ago
"I know I shoulda went to police, but I didn't." Smich says.

molly hayes ‏@mollyhayes 8m8 minutes ago
"I didn't really want to tell her anything. But she did press me...and I had to tell her. I had to tell somebody," he says. #Bosma

Peter Akman ‏@PeterAkmanCTV 8m8 minutes ago
Smich "I told my GF. I felt like I had to tell somebody. I should have gone to police but I didn't." #Bosma @CTVNews

Colin Butler ‏@ColinButlerCBC 8m8 minutes ago
Smich says he told Meneses what happened because he had to tell somebody. #Bosma

Susan Clairmont ‏@susanclairmont 8m8 minutes ago
She told me to go to the police. Why I didn't go to the police? I guess I was in denial. I did not kill Mr. Bosma.

molly hayes ‏@mollyhayes 7m7 minutes ago
"I know I should've went to the police," he says. Dungey asks why he didn't after Millard was arrested. #Bosma

 

[ArianeEmory]

I can add him (tweets) unless someone wants to do the live blog

If they come back on time I can do AC for a while, but probably not long past 4pm. (Can't imagine they won't call it soon anyway, been a long exhausting day.)

 

[meterclicks]

Smich says Millard drove Bosma's truck to Schlatman's work area at the hangar. Smich followed in the Yukon.
by Adam Carter 2:30 PM

"That's when we switched vehicles ... he told me to strip the Bosma vehicle and he takes the Yukon to go get gas."
by Adam Carter 2:30 PM

Smich says he got an exacto knife out of the Yukon and cut out the carpet, the seatbelts, while Millard left to get gas for the Yukon.
by Adam Carter 2:31 PM

"He opened up the hangar, we went inside, we walked around, Pedo was with us. You can see him in the video," Smich says.
by Adam Carter 2:32 PM

"He wanted me to start washing out the vehicle," Smich says. "So that's what happened next."
by Adam Carter 2:32 PM

Smich says Millard was "telling" him to do this.
by Adam Carter 2:33 PM

"He went and turned on the Eliminator," Smich says.
by Adam Carter 2:33 PM

Smich says the hose wasn't long enough to properly wash out the truck, so they turned it around. Smich says Millard left again and came back with tools.
by Adam Carter 2:34 PM

They then removed the seats, he says.
by Adam Carter 2:34 PM

They put the carpet and things from inside the truck, and the cleanup materials, inside Millard's red Dodge pickup.
by Adam Carter 2:35 PM

Smich says Bosma's truck was not on a tarp at first, but was moved onto one.
by Adam Carter 2:36 PM

Then Millard pulled the incinerator into the hangar and texted people who worked for him, Smich says.
by Adam Carter 2:37 PM

Smich says he tried to message Meneses from millard's cellphone.
by Adam Carter 2:37 PM
After the truck was stripped and the Eliminator was brought into the hangar, they left and went back to Oakville in the Yukon.
by Adam Carter 2:38 PM

Smich says they then went to pick up his girlfriend.
by Adam Carter 2:39 PM

Smich says he "tried to stay as far away as possible" when Millard was using the Eliminator at the hangar.
by Adam Carter 2:40 PM

 

[SnooperDuper]

thank you meterclicks!

 

[canadiangirl]

molly hayes ‏@mollyhayes 3m3 minutes ago
Smich says next Millard "pulled the incinerator into the hangar, making text messages to police who work for him." #Bosma

Rsbm
Wait? Pardon?

 

[SnooperDuper]

Susan Clairmont ‏@susanclairmont 8m8 minutes ago
I was scared, I was confused I had so many things going through my mind...

Shannon Martin ‏@ShannonMartinTV 8m8 minutes ago Vaughan, Ontario
Dungey: Mr. Millard is now arrested. Why not go to the police? Smich: There was so much in my mind (long pause) foolish thinking #Bosma

Alex Pierson ‏@AlexpiersonAMP 9m9 minutes ago
Smich" "I should have listened to her. I had to tell someone. I shld have gone to police. I didn't" @AM900CHML

molly hayes ‏@mollyhayes 9m9 minutes ago
Smich says it was foolish thinking, he was torn up inside, he wanted to go to his sisters wedding. #Bosma

Colin Butler ‏@ColinButlerCBC 9m9 minutes ago
He didn't go to the police because he was foolish, torn up inside. He wanted to go to his sisters wedding. #TimBosma

Lisa Hepfner ‏@HefCHCHNews 9m9 minutes ago
"Foolish thinking at that time. I was torn up inside. I wanted to go to my sister's wedding. It not an excuse. Stupid. I didn't think.."

 

[SuperSpy]

I'm really wondering how they can convict MS on first degree now (unless under cross-he's proven to be lying). As far as I can see, his story IS reasonable, and the Crown has not (to-date) provided enough evidence to the contrary disproving his account. In other words, I don't think the Crown has proven the events they allege are true in light of MS's explanation of them. I can honestly see an acquittal on all murder charges and perhaps an accessory after the fact conviction.

But MS was a party of a pre meditated theft and forcible confinement that resulted in death. By definition that is 1st degree murder.

 

[Kamille]

It doesn't sound like TB's body was in the barn. They brought the incinerator out of the barn to him from what I have read. It seems like he was laying on a sheet on the ground.

I think that board has relevance but not in this trial. JMO

Yes...if that board was relevant, it would have been presented in this trial.

MOO

 

[ArianeEmory]

So MM knew more than she let on when on the stand. Another person in this circle is a liar.

And we all know that CN called MM to find out what happened. The plot thickens.

Who cleaned out the incinerator before it was hidden ? Remember the timeline that CN gave didn't jive with the cell phone pings ?

Did she? She admitted on the stand that MS told her about the shooting and the burning.

http://www.cbc.ca/news/canada/hamilton/news/tim-bosma-trial-marlena-meneses-1.3546677

Or do you mean something else?

 

[SnooperDuper]

molly hayes ‏@mollyhayes 8m8 minutes ago
"I know it's not an excuse...it's stupid...I didn't kill Mr #Bosma. I didn't feel like I was guilty, part of it," he says. #Bosma

Shannon Martin ‏@ShannonMartinTV 9m9 minutes ago Vaughan, Ontario
Smich: I wanted to go to my sister's wedding. It was stupid. I know I didn't kill Mr. Bosma. I didn't feel guilty... #Bosma #HamOnt

Lisa Hepfner ‏@HefCHCHNews 9m9 minutes ago
"I know I didn't kill Mr. Bosma, I didn't feel guilty." The other side of him said he should say something.

Peter Akman ‏@PeterAkmanCTV 9m9 minutes ago
Smich "I know I didn't kill Mr. #Bosma. I didn't feel like I was guilty. My other side was saying I had to do something." @CTVNews

molly hayes ‏@mollyhayes 9m9 minutes ago
Dungey asks what's more important--going to a wedding or giving relief to the #Bosma family.

Susan Clairmont ‏@susanclairmont 9m9 minutes ago
I did tell her that he was gone...I said he was gone, gone....I know I should have went to the police, but I didn't." ...

 

[meterclicks]

Smich says Meneses asked where they were when they got there, and she seemed stressed out. "Dell said that he got the truck."
by Adam Carter 2:41 PM

Smich dropped them off at Smich's mother's house, and said he'd be back later so they could move the incinerator. "I ended up going to sleep that day," Smich says.
by Adam Carter 2:42 PM

Smich says he woke up still in pain from his shoulder, and messaged Millard. "I was trying to play along like everything was alright ... I had so many thoughts going through my mind at that time."
by Adam Carter 2:43 PM

"I was so exhausted, I was out of it at that point."
by Adam Carter 2:42 PM

Smich says he woke up still in pain from his shoulder, and messaged Millard. "I was trying to play along like everything was alright ... I had so many thoughts going through my mind at that time."
by Adam Carter 2:43 PM

"After seeing him like that ... I was just trying to pretend like everything was normal, even though it was not," Smich says.
by Adam Carter 2:43 PM

"That's the reason why I didn't want to not answer the phone ... I was concerned, I was frightened, I felt threatened."
by Adam Carter 2:44 PM

Millard eventually came to pick him up, and they went to the hangar and moved the Eliminator back to the barn, Smich says.
by Adam Carter 2:45 PM

That was the evening of the 7th.
by Adam Carter 2:45 PM

The next day Smich was in Oakville and didn't see Millard, he says.
by Adam Carter 2:45 PM

Smich says he didn't want to "raise suspicion" and make Millard think he was going to "call the police or something."
by Adam Carter 2:46 PM