Bosma Murder Trial 05.11.16 - Day 47 - Smich Defence commences

[andreww]

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.

The fact that Smich was aware that the truck was going to be stolen and the fact that TB ended up dead during that theft, makes him guilty of 1st degree doesn't it?

 

[EspressoBean]

Rsbm
Wait? Pardon?

IT was a typo by Molly. Should have been "people"

 

[MsSherlock]

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.

IMHO, TD would not put his client on the stand if he didn't think he was capable of telling the truth. I'm thinking that unless MS has taken some serious acting classes, MS is giving us front row seats into a true accounting of the events before, during and after TB's murder. The truth doesn't change, and IMHO, he's probably just filled in a couple things for the Crown. MS's testimony has officially put me back into MS "the innocent dupe" camp. Sounds like he found out the hard way that his pal was a raging psychopath. I have no doubt that we'll hear more truths- and IMHO, P & S are going to have a very difficult time getting around MS's testimony. MOO

 

[SnooperDuper]

Lisa Hepfner ‏@HefCHCHNews 9m9 minutes ago
"I was confused. I did look for a lawyer in that period of time. I needed proper advice. I didn't want to go straight to police."

Shannon Martin ‏@ShannonMartinTV 9m9 minutes ago Vaughan, Ontario
Dungey: What's more important, giving the Bosma family relief or going to a wedding? Smich: I was confused. I was looking for a lawyer.

Colin Butler ‏@ColinButlerCBC 10m10 minutes ago
"I know I didn't kill Mr Bosma," Smich says. "I was confused. I did look for a lawyer. I needed proper advice." #TimBosma

molly hayes ‏@mollyhayes 10m10 minutes ago
Smich says again he was confused. He wanted legal advice. He was confused. He was in denial. #Bosma

Susan Clairmont ‏@susanclairmont 10m10 minutes ago
Foolish thinking at the time. I was torn up inside. I wanted to go to my sister's wedding.

Peter Akman ‏@PeterAkmanCTV 9m9 minutes ago
Smich "I was confused and I was in denial. I didn't kill Mr. #Bosma." @CTVNews

 

[meterclicks]

On May 8, they were supposed to burn the stripped parts from the truck, but that didn't happen, he says. Instead, he went to a doctor to see about his shoulder.
by Adam Carter 2:46 PM

He saw him again on May 9. "When I seen him, he was back to normal Dell." He says "Which scared the **** out of me even more."
by Adam Carter 2:47 PM

Smich says Millard picked him up on the afternoon of the 9th, and they went to the hangar.
by Adam Carter 2:48 PM

"Shane was taking stuff off the truck -- the symbols, stuff like that. He was taking out the tail lights."
by Adam Carter 2:48 PM

"The plan was ... to burn the rest of the evidence, really." They went to the farm in the red truck, and stopped to get gas. "We went to the farm and burned all the stuff there that was inside the red truck."
by Adam Carter 2:49 PM

"Dell was normal Dell that day. Talkative, telling me about wanting to paint [Bosma's] truck, stuff like that ... the original plan was ... when he got the truck he would remove the VIN number and he would basically swap vehicles, so he would put the ID number from the stolen vehicle, and take the red ID number and put it on the stolen vehicle."
by Adam Carter 2:51 PM

He says when they got back to the hangar Arthur Jennings and Shane were there, some conversation happened, and Millard got "into a panic" and sent Jennings home. Now he said he had to move the truck.
by Adam Carter 2:52 PM

Millard drove Bosma's truck into a trailer, and attached the trailer to the red Dodge, Smich says.
by Adam Carter 2:53 PM

Smich says as they were leaving, Millard realized he had forgotten the burned out seats. They went back for them, put them inside the trailer, and left.
by Adam Carter 2:53 PM

He then dropped Smich off in Oakville.
by Adam Carter 2:54 PM

 

[Kamille]

molly hayes ‏@mollyhayes 6m6 minutes ago
He says he told her police had gone to see Dell, and he was identified by two things and believed Arthur Jennings was the one who'd called.

Peter Akman ‏@PeterAkmanCTV 5m5 minutes ago
Smich to his ex-gf "I was the one who told her... I told her it was about a stolen truck. I didn't get too much into it." #Bosma @CTVNews

molly hayes ‏@mollyhayes 5m5 minutes ago
He says she asked what happened, and he told her it was about the stolen truck. "Didn't get into too much conversation about it on that day"

Colin Butler ‏@ColinButlerCBC 6m6 minutes ago
Smich recounting how he told Meneses about Millard's arrest and finally spilled the beans on what happened. #TimBosma

Lisa Hepfner ‏@HefCHCHNews 5m5 minutes ago
Smich is describing his conversations with girlfriend Marlena Meneses about the #TimBosma truck.After Millard arrest & news broke especially

molly hayes ‏@mollyhayes 5m5 minutes ago
After Millard's arrest it started coming on the news. "She asked me questions and I tried telling her, w/o getting into too much detail."

What happened to the 50 minutes DM spent in Oakville on the 10th with them?

None of this is ringing true to me.

MOO

 

[SnooperDuper]

molly hayes ‏@mollyhayes 9m9 minutes ago
Dungey suggests he could've given evidence right off the bat. "I understand that," he says. #Bosma

Shannon Martin ‏@ShannonMartinTV 9m9 minutes ago Vaughan, Ontario
Sharlene Bosma is crying as Smich struggles to explain why he didn't go to the police. #Bosma #HamOnt

Susan Clairmont ‏@susanclairmont 10m10 minutes ago
I know that's no excuse. I didn't kill Mr. Bosma...Like I said I was confused. I did look for a lawyer in that period of time.

Lisa Hepfner ‏@HefCHCHNews 10m10 minutes ago
"I was confused, I was in denial. I didn't kill Mr Bosma." But you knew who did, Dungey says. You could have gone to police

Peter Akman ‏@PeterAkmanCTV 10m10 minutes ago
Smich looks near tears on the stand. #Bosma @CTVNews

Alex Pierson ‏@AlexpiersonAMP 10m10 minutes ago
" I wanted to go to my sisters wedding. I know it was stupid. I know I didn't kill Mr Bosma. I didn't feel like I was guilty." @AM900CHML

 

[EspressoBean]

The fact that Smich was aware that the truck was going to be stolen and the fact that TB ended up dead during that theft, makes him guilty of 1st degree doesn't it?

No. That isn't first degree murder.

 

[SnooperDuper]

molly hayes ‏@mollyhayes 10m10 minutes ago
Smich first started looking for a lawyer days after Millard's arrest. #Bosma

molly hayes ‏@mollyhayes 10m10 minutes ago
Dungey asks if he was afraid he was going to be charged with being an accessory after the fact. #Bosma

Lisa Hepfner ‏@HefCHCHNews 10m10 minutes ago
Was he afraid of being charged with accessory after the fact? "Like I said, I was torn between two places. "

molly hayes ‏@mollyhayes 10m10 minutes ago
Smich says he couldn't "come to terms with his involvement." #Bosma

Susan Clairmont ‏@susanclairmont 10m10 minutes ago
Were you afraid you were going to be charged for accessory after the fact?

molly hayes ‏@mollyhayes 10m10 minutes ago
And his sisters wedding. He knows it sounds stupid. "My family meant the world to me...I didn't want to ruin that." #Bosma

 

[meterclicks]

We've heard previous testimony where a witness described seeing the truck turn around and go back to the hangar.
by Adam Carter 2:54 PM

Smich says on the drive, they were talking about Arthur Jennings. "He believed that Arthur Jennings called the police on him. That's why he wanted to move Bosma's truck." Jennings had called Crime Stoppers.
by Adam Carter 2:55 PM

Smich says their contact started to "diminish" after May 6 and 7, but they still talked as to not arouse "suspicion."
by Adam Carter 2:56 PM

"I was scared, I was nervous, after seeing him back to his normal self again and seeing what happened on the 6th and 7th, I was completely and utterly shocked at everything."
by Adam Carter 2:57 PM

Dungey asks Smich why he didn't do something about all this. "I guess I was just scared at that time, and I was confused. I don't know how to explain it. I wasn't in the right state of mind, thinking about everything that just happened."
by Adam Carter 2:58 PM

Smich says he thinks the first time he talked with Meneses about this is after police went to the hangar.
by Adam Carter 2:59 PM

"I think I was the one who told her that the police went to see Dell and he was identified by two things and he believed Arthur Jennings called the police on him."
by Adam Carter 2:59 PM

She asked what happened, and Smich said it was about the truck, but as time went on he told her more.
by Adam Carter 3:00 PM

"After Dell's arrest, things started coming out in the news. She would ask me questions and I would try to answer them without getting into too much detail."
by Adam Carter 3:00 PM

"I told her Dell Shot Mr. Bosma. I told her that Dell burned Mr. Bosma."
by Adam Carter 3:01 PM

 

[CJPRINCESS]

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

But it's being stressed how sore it was. He was in so much pain.

 

[tinman]

Rsbm
Wait? Pardon?

police = typo for "people" I'm sure

 

[SnooperDuper]

Shannon Martin ‏@ShannonMartinTV 10m10 minutes ago Vaughan, Ontario
Dungey: Mr. Bosma meant the world to his family. Smich: I understand that. #Bosma #HamOnt

Peter Akman ‏@PeterAkmanCTV 10m10 minutes ago
At the same time... Smich sounds like he is rehearsed on some phrases. "I was stupid. I was confused." etc... #Bosma @CTVNews

molly hayes ‏@mollyhayes 10m10 minutes ago
Dungey says "Mr Bosma meant the world to his family." Smich says he knows that. #Bosma

Lisa Hepfner ‏@HefCHCHNews 10m10 minutes ago
"Mr Bosma meant the world to his family, did you not feel an obligation?" Dungey asks, when Smich says that's why his sister's wedding so NB

Susan Clairmont ‏@susanclairmont 10m10 minutes ago
"I was torn between two places. I couldn't come to terms with my involvement." Wanted to go sister's wedding b/c family meant world to him.

molly hayes ‏@mollyhayes 10m10 minutes ago
"I was confused. I was literally confused on what to do." #Bosma

 

[meterclicks]

Smich says he told her as little as possible, and didn't want to get into too much detail.
by Adam Carter 3:01 PM

"I told her what happened. I told her I was just there. Nothing was supposed to happen the way that it did."
by Adam Carter 3:02 PM

"I didn't go to the police because I guess I was in denial. I did not kill Mr. Bosma. I was scared, I was confused."
by Adam Carter 3:02 PM

Smich says he should have listened to his girlfriend in the first place.
by Adam Carter 3:02 PM

Smich says he told Meneses Bosma was "gone gone" after Millard was arrested for theft and forcible confinement.
by Adam Carter 3:03 PM

"I know I should have gone to the police. But I didn't," Smich says, quietly.
by Adam Carter 3:04 PM

Dungey says one of the problems here is that Millard was arrested by this time, so why not then? Smich says it was "foolish thinking. I was torn up inside at that time. I wanted to go to my sister's wedding ... I know it's stupid, it's an excuse."
by Adam Carter 3:05 PM

 

[andreww]

No. That isn't first degree murder.

Okay, others will argue that because TB was held against his will, that it was 1st degree.

 

[meterclicks]

Smich says on one hand, he thought he wasn't guilty because he didn't shoot Bosma, but on the other hand he felt like he should do something, but didn't.
by Adam Carter 3:06 PM

"You could've given evidence right off to the police," Dungey says. "I understand that," Smich says, softly.
by Adam Carter 3:06 PM

Smich looked for a lawyer after Millard was arrested. "I was torn between two places ... I couldn't come to terms with my involvement," Smich says.
by Adam Carter 3:07 PM

Smich says he didn't want to screw up his sister's wedding because his family "means the world to him. "Mr. Bosma meant the world to his family," Dungey says. "I understand that," Smich says.
by Adam Carter 3:08 PM

Now taking the afternoon recess. Back in 20 mins.
by Adam Carter 3:08 PM

 

[SnooperDuper]

molly hayes ‏@mollyhayes 10m10 minutes ago
We are now taking the afternoon recess. #Bosma

Lisa Hepfner ‏@HefCHCHNews 10m10 minutes ago
"I was literally confused on what to do." Smich says. Afternoon recess for jury. #TimBosma

Shannon Martin ‏@ShannonMartinTV 10m10 minutes ago Vaughan, Ontario
Smich repeats. 'I was confused, I was confused. I was literally confused. '

Peter Akman ‏@PeterAkmanCTV 10m10 minutes ago
Taking break #Bosma trial. @CTVNews

Alex Pierson ‏@AlexpiersonAMP 10m10 minutes ago
Dungee' what was more important. A wedding? Or the Bosmas grief?" I was torn between two places. I couldn't come to terms w my involvement.

Susan Clairmont ‏@susanclairmont 10m10 minutes ago
"Mr. Bosma meant the world to his family," says Dungey. "I understand that," says Smich.

 

[SnooperDuper]

Susan Clairmont ‏@susanclairmont 10m10 minutes ago
Dungey asks for early break.

Peter Akman ‏@PeterAkmanCTV 9m9 minutes ago
And the smile is back on Millard's face. Not sure what he finds so funny. #Bosma @CTVNews

Alex Pierson ‏@AlexpiersonAMP 8m8 minutes ago
"I was foolishly thinking because it was my sisters wedding. My family means the world to me." @AM900CHML

 

[tinman]

No. That isn't first degree murder.

in the USA, it would be capital murder, is there an equivalent charge in Canada?

 

[ArianeEmory]

But it's being stressed how sore it was. He was in so much pain.

On that note--wondering why they haven't submitted any proof of his medical visit into evidence.