Bosma Murder Trial 05.11.16 - Day 47 - Smich Defence commences

[meterclicks]

Court now back in session. Waiting on the jury.
by Adam Carter 3:36 PM

 

[mozzagirl]

Are you at the courthouse seeing him in person? If you are measuring his emotion, you must be. If you are getting it from the tweets, you could be projecting what you want to feel. I would want to know his demeanor. Is he shaky when he talks? for instance. Or is he "rehearsed?" IMO

No I am not at the courthouse. I have been reading all day though with the tweets. Many times it has been said his voice has been shaky or he talks quietly.

I am just stating my opinion and how I feel about his testimony.

 

[MorningStar22]

Sorry, I will say it, IMO, I really am believing MS so far today. Even his emotion, he has sat there emotionless for months and for the first time is showing emotion. It is when asked why he didn't go to police. Not calling police is probably one of the biggest "mistakes" he has made in this crime if he truly didn't know about the murder beforehand. I am sure he wishes he could at least roll back time and call police instead of going to the wedding. It might have saved him sitting in court under these charges, in leg shackles, like he has been.

I will be criticized for this I am sure but right now I don't think he is guilty of 1st degree murder.

All, MOO

I'm right there too. Though I keep questioning if I am believing his testimony because I want to - because it puts all the pieces together pretty well. Either it is the truth, or TD is one heck of a lawyer who has been about 15 steps ahead for the past 3 years leading up to this trial.

 

[meterclicks]

We're in some legal arguments right now.
by Adam Carter 3:41 PM

Jury now being recalled.
by Adam Carter 3:41 PM

 

[ArianeEmory]

I bet defense is asking for more time to prepare cross.

 

[EspressoBean]

Just because he says it, doesn't make it so. Again, for the umpteenth time, tape, gloves, spare clothes, fireworks, all nighter, fireside furniture, and sausage roast. These things aren't based on if you do or don't believe someone is telling the truth. They are fact, and they came from Smich himself.

I'm not sure what you are saying. I was responding to your post about the charge and what makes it first degree murder. I was not making an assessment on who or what I believe. The evidence, and today's testimony haven't shown that there was intent for forcible confinement or that MS was a part of forcible confinement so if you follow the thread of posts, so far, from what we are hearing, it isn't evidence of first degree murder.
moo

 

[Nosey Parker]

Of course the story is lining up with testimony and evidence, he was taking notes. The story line was created for him through the entire trial. It sounds convincing. But isn't necessarily the truth. IMIO

He also had disclosure over the years prior to trial.

 

[andreww]

MM and CN were not friends. MM was not a fan of DM's either.
We only have learned of one phone call that happened between CN and MM's phones and that seems to be with MS and it was on the night that DM was arrested.
MS and MM have testified that most of what she learned happened after DM was arrested.
I don't know that MM would be talking to CN and telling her what she knows, particularly if she believes that CN's boyfriend murdered someone and her own boyfriend had been pulled into things.

Lets not forget that every single person that has testified, including MS, benefits from knowing as little as possible about this crime prior to it happening. They could have all sat down and discussed exactly what the plan was going to be, but none of them will ever admit it in court.

 

[Kamille]

Of course the story is lining up with testimony and evidence, he was taking notes. The story line was created for him through the entire trial. It sounds convincing. But isn't necessarily the truth. IMIO

Funny...I actually don't think the story is lining up. And there are a LOT of details missing. While at the same time new details that makes it seem even more premeditated. :waitasec:

MOO

 

[MsSherlock]

This trial is intense. My stomach is in knots.

 

[SuperSpy]

MM and CN were not friends. MM was not a fan of DM's either.
We only have learned of one phone call that happened between CN and MM's phones and that seems to be with MS and it was on the night that DM was arrested.
MS and MM have testified that most of what she learned happened after DM was arrested.
I don't know that MM would be talking to CN and telling her what she knows, particularly if she believes that CN's boyfriend murdered someone and her own boyfriend had been pulled into things.

At some point CN called MM trying to reach MS. MM apparently wouldn't let her talk to MS. CN started yelling at her over the phone. I bet they were arguing over who screwed up. I'm sure at that point MM told her everything. We'll see how it plays out going forward at the several trials to follow.

 

[andreww]

I'm not sure what you are saying. I was responding to your post about the charge and what makes it first degree murder. I was not making an assessment on who or what I believe. The evidence, and today's testimony haven't shown that there was intent for forcible confinement or that MS was a part of forcible confinement so if you follow the thread of posts, so far, from what we are hearing, it isn't evidence of first degree murder.
moo

TB was in a truck with a gun pointed at him. Im sure if he had the opportunity to leave, he would have. Just saying.

 

[ArianeEmory]

Well, if nothing else, this has definitely served to create doubt and disagreement among US, so presumably it's doing the same thing to the jury.

 

[mozzagirl]

I'm right there too. Though I keep questioning if I am believing his testimony because I want to - because it puts all the pieces together pretty well. Either it is the truth, or TD is one heck of a lawyer who has been about 15 steps ahead for the past 3 years leading up to this trial.

For quite some time I have had a strong gut feeling that MS isn't guilty of 1st degree and tried to ignore it and at some points was convinced he did know.

As of today, to me MS wouldn't be rightfully convicted of 1st degree if he was.

Please don't anyone mistake this for me not wanting the Bosmas to get justice. They deserve justice in this so, so very much. I believe they will get that justice. That doesn't always mean convicting everyone charged though. It means convicting the right people.

 

[SnooperDuper]

Lisa Hepfner ‏@HefCHCHNews 2m2 minutes ago
#Bosma jury is coming back in for final court session of the day.

molly hayes ‏@mollyhayes 1m1 minute ago
Back. #Bosma

Susan Clairmont ‏@susanclairmont 52s52 seconds ago
Smich back on the witness stand. Jury in. #Bosma

Lisa Hepfner ‏@HefCHCHNews 38s38 seconds ago
Dungey now asking Smich about May 10-11, when he was getting calls from Andrew Michalski

molly hayes ‏@mollyhayes 38s39 seconds ago
Dungey asks Smich about May 10/11 and the calls with Andrew Michalski re: drugs being dropped off. #Bosma

Susan Clairmont ‏@susanclairmont 28s28 seconds ago
May 10 and 11. Texts and calls with Michalski. Drugs being dropped off to Smich. "Me and Marlena spoke about it. M asked for me to call...

 

[Massasauga Rattler]

Just because he says it, doesn't make it so. Again, for the umpteenth time, tape, gloves, spare clothes, fireworks, all nighter, fireside furniture, and sausage roast. These things aren't based on if you do or don't believe someone is telling the truth. They are fact, and they came from Smich himself.

Cross X will tell the tale of the tape...we'll see.

 

[EspressoBean]

No I am not at the courthouse. I have been reading all day though with the tweets. Many times it has been said his voice has been shaky or he talks quietly.

I am just stating my opinion and how I feel about his testimony.

In talking to a friend that has been there today, they have said that MS has seemed sincere and regretful. Whether he is or isn't, we can't know but that is how they have described their experience in seeing and hearing him on the stand.

 

[meterclicks]

Dungey now asking about May 10 and 11 when Smich is talking to Michalski.
by Adam Carter 3:43 PM

Smich says he and Meneses spoke about the drugs in Millard's house, and she asked him to ask for the drugs. He did so.
by Adam Carter 3:44 PM

Smich says he couldn't go get the drugs himself because he didn't have a key for Meneses' sister's place, where he was staying.
by Adam Carter 3:45 PM

 

[SnooperDuper]

Lisa Hepfner ‏@HefCHCHNews 27s27 seconds ago
Whose idea was it to get the drugs? "Me and Marlena spoke about it. Marlena asked me to call Andrew and get the drugs."

molly hayes ‏@mollyhayes 27s27 seconds ago
Dungey asks whose idea it was. Smich says Marlena asked him to call and get them. #Bosma

Susan Clairmont ‏@susanclairmont 49s49 seconds ago
"...Andrew and get the drugs." Told him to get everything out of the house because police were coming there.

molly hayes ‏@mollyhayes 44s44 seconds ago
"I told them to get everything out if the house because the police were probably going there," he says. #Bosma

Lisa Hepfner ‏@HefCHCHNews 42s42 seconds ago
"I told him to get everything out of the house, because Dell was arrested and the police were coming," Smich clarified.

Alex Pierson ‏@AlexpiersonAMP 29s29 seconds ago
Jury back. Smich now explaining why he wanted drugs out of DM home. Marlena meneses wanted them. @AM900CHML

 

[Claroon]

I have trouble with how DM could have gotten the gun and shot him that fast, and why TB would have sat there waiting on a dark and creepy road? Did DM really smooze him saying, "Okay, I'll just go check on my friend and you can turn around."...if so TB would have moved into the driver's seat IMO.