Bosma Murder Trial 05.11.16 - Day 47 - Smich Defence commences

[andreww]

But this is the first time that someone actually saw a gun in that toolbox, right ? AM didn't. CN didn't. Furthermore, MS tells us he broke the lock on it, so assuming nobody locked it up after, it was unlocked when DM and CN had it.

There are lots of nuances to the testimony that MS gave today. Funny he didn't mention CN more.

MS was the last person to have the toolbox. He took the lock off.

 

[don_quixote]

Millard will pull MS down with him. He'll have to find a way to testify... Now with MS's testimony, there is no way they'll refuse DM on the stand.

There is no clarity about what happened at the farm. Did DM put the body into the incinerator single-handedly, or is this why they put the body in the truck bed? I am not sure if reporters skipped that part as too gruesome.

 

[andreww]

IIRC, MS told BD that DM got the gun he wanted. I don't think there was ever an explicit statement that MS had a gun. He wanted one, but I don't think he had one. He was selling a single gun (DM's gun) for $1000.

It doesn't sound like MS had $2200 for his own.

Now his line about learning the model after hearing about in this trial is a stretch. I'm sure he looked at it when took his photo, and I believe Walther PPK was cleary marked on it.

MOO

That testimony was vague. It was clear that there was two guns though. Wonder if Smich's was used on LB and discarded?

 

[swedie]

I haven't been able to read comments on WS today but have read tweets from a couple reporters. If I read and understood correctly, DM and MS went to the farmland on May 9th, to burn the evidence from TB's truck. They intended on doing it on the 8th, but MS didn't see DM that day. On the 9th, MS and MM arrived at the hangar with DM and then left some time later. They witness SS removing sticker and tail lights from TB's truck.

So was MM with them when they went to the farmland to burn stuff? Would they have taken her back to Oakville and then go to the farmland to burn stuff, then back to the hangar to put the truck in the trailer and then DM took MS back to Oakville? So was MM with them at the farmland while they were burning evidence or did she have an alibi (perhaps work) for that day according to her testimony? TIA and MOO.

 

[Inspector_North]

IT was trained as Israeli Military, was the person meeting with DM in the middle of the day.
Not the same observation expectations as two people standing back who did not directly meet DM or get very close to the accused while outside after dark. Just saying.

Good point. And the fact that these missions did occur in the light of day, provides some weight to them being scoping test drive missions.

Not sticking up for MS, but his testimony if the closest to we heard to matching the mountain of evidence. I expect we will see it compared with under microscope in the coming days.

MOO

 

[EspressoBean]

Yes, I'm not saying DM didn't have the satchel, or obviously the gun, just that it's not something you see carried every day in this neck of the woods, and I believe either SB or the tenant would have noticed it. In any event, it's MS' account of suddenly pulling over in the dark and actually seeing DM put a gun in the satchel that I am suspicious of. If he testified that he saw DM put something in the bag and then concluded a little later that it must have been the gun, I would be more inclined to believe him.

I'm sorry, but I am highly suspicious of his self-serving taking the stand; exonerating himself from all prior knowledge; assisting only out of shock and confusion. As someone else said, he could so easily have driven the Yukon straight to the police station that night. His rush to obtain DM's drugs, even if Miss MM wanted to smoke it all, doesn't jive with his declared horror, any more than wanting to attend his sister's wedding, and the associated partying. To me there is sufficient evidence, forensic and circumstantial, to convict him of 1st.

I am not believing everything said by MS. I'm taking it in to allow for some doubt on what I had believed happened.
I can see the circumstantial evidence but I"m wondering what forensic evidence you feel so far that would be sufficient evidence to convict of first degree? He has certainly presented a reasonable believable narrative of what could have happened. I don't know that the Crown has given enough evidence against MS to counter the reasonable doubt he has given. MS doesn't need to prove his innocence. It is the Crown that needs to prove guilt.

 

[EspressoBean]

Millard will pull MS down with him. He'll have to find a way to testify... Now with MS's testimony, there is no way they'll refuse DM on the stand.

There is no clarity about what happened at the farm. Did DM put the body into the incinerator single-handedly, or is this why they put the body in the truck bed? I am not sure if reporters skipped that part as too gruesome.

Unless MS' defense calls him to the stand, DM can't take the stand in his own defense anymore. The decision that he will not be calling evidence has been made and can't be changed.

 

[EspressoBean]

I haven't been able to read comments on WS today but have read tweets from a couple reporters. If I read and understood correctly, DM and MS went to the farmland on May 9th, to burn the evidence from TB's truck. They intended on doing it on the 8th, but MS didn't see DM that day. On the 9th, MS and MM arrived at the hangar with DM and then left some time later. They witness SS removing sticker and tail lights from TB's truck.

So was MM with them when they went to the farmland to burn stuff? Would they have taken her back to Oakville and then go to the farmland to burn stuff, then back to the hangar to put the truck in the trailer and then DM took MS back to Oakville? So was MM with them at the farmland while they were burning evidence or did she have an alibi (perhaps work) for that day according to her testimony? TIA and MOO.

There is no evidence or testimony to say MM was with them.

 

[swedie]

Millard will pull MS down with him. He'll have to find a way to testify... Now with MS's testimony, there is no way they'll refuse DM on the stand.

There is no clarity about what happened at the farm. Did DM put the body into the incinerator single-handedly, or is this why they put the body in the truck bed? I am not sure if reporters skipped that part as too gruesome.

It's too late for DM to take the stand. He made his decision not to. The only way to get DM's version out is for his defense to cross examine MS and try to raise reasonable doubt.

From what I gathered by MS's testimony, DM was left to manage TB's body by himself, putting it into the incinerator. MS told DM he couldn't help because of his shoulder and he didn't want any part of it. MOO.

 

[mimimic]

First time poster : this is bugging me. Wasn't there a lot of blood evidence in the bed of truck? I don't think the testimony today explains this evidence. Unless I missed something it seems the body went from the truck cab to "sheet" to incinerator. Based on the forensics I would have assumed a body was in the bed of the truck at some point (JMO).

I don't think MS said it clearly there.

 

[swedie]

There is no evidence or testimony to say MM was with them.

IIRC it was AJ who testified DM came to the hangar on May 9th, with MS and MM and then the three left some time later. MOO.

 

[Typhoo1961]

I am not sure if reporters skipped that part as too gruesome.

They didn't. DM put the body into the incinerator himself after MS said he couldn't.

 

[Claroon]

Yes, I'm not saying DM didn't have the satchel, or obviously the gun, just that it's not something you see carried every day in this neck of the woods, and I believe either SB or the tenant would have noticed it. In any event, it's MS' account of suddenly pulling over in the dark and actually seeing DM put a gun in the satchel that I am suspicious of. If he testified that he saw DM put something in the bag and then concluded a little later that it must have been the gun, I would be more inclined to believe him.
.

Just wanted to point out that when they arrested him there was a satchel on the seat of the Yukon, so I'd say he didn't always wear it. I agree with you though. I think if he had the gun, he already would have had it hidden in the satchel. Things went down too fast IMO to go the Yukon, put on a satchel, pull the gun out of wherever to put into the satchel, walk back and shoot. IMO

 

[swedie]

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[SnooperDuper]

Millard will pull MS down with him. He'll have to find a way to testify... Now with MS's testimony, there is no way they'll refuse DM on the stand.

There is no clarity about what happened at the farm. Did DM put the body into the incinerator single-handedly, or is this why they put the body in the truck bed? I am not sure if reporters skipped that part as too gruesome.

MS did not go into any detail there, i.e., MS skipped the topic.

 

[Claroon]

Quote Originally Posted by Hoop View Post
First time poster : this is bugging me. Wasn't there a lot of blood evidence in the bed of truck? I don't think the testimony today explains this evidence. Unless I missed something it seems the body went from the truck cab to "sheet" to incinerator. Based on the forensics I would have assumed a body was in the bed of the truck at some point (JMO).

I don't think MS said it clearly there.

I found this for you "There also was blood on a tarp found in the bed of the pickup truck, blood on the undercarriage, and blood on the muffler." http://www.theglobeandmail.com/news...ckup-truck-murder-trial-told/article28731136/

 

[SnooperDuper]

I am not believing everything said by MS. I'm taking it in to allow for some doubt on what I had believed happened.
I can see the circumstantial evidence but I"m wondering what forensic evidence you feel so far that would be sufficient evidence to convict of first degree? He has certainly presented a reasonable believable narrative of what could have happened. I don't know that the Crown has given enough evidence against MS to counter the reasonable doubt he has given. MS doesn't need to prove his innocence. It is the Crown that needs to prove guilt.

They don't need both circumstantial evidence and forensic evidence to convict MS: he can be convicted on circumstantial evidence alone.

 

[ADAWG]

I still want to know how the body was moved around if MS didn't help. A dead body would be fairly heavy for one person to move around. Especially lift as high as that hatch was with the Eliminator sitting on a trailer.


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[canadiangirl]

Now Arthur is implicated with lying ! I hope perjury charges are in order for all of these people.

I don't recall Arthur testifying? What am I missing?

 

[SuperSpy]

MS was the last person to have the toolbox. He took the lock off.

If that is the case, he'll tell the court where it is buried. But I bet that he handed it off to someone.