Bosma Murder Trial 05.11.16 - Day 47 - Smich Defence commences

[SnooperDuper]

So what is the new evidence ? Assuming that all parties had access to the police statements and assuming that Smich's police statement matches his testimony, where is the new evidence ?

So how would this work ? This trial goes to completion, complete with a verdict and sentencing and then DM applies to have it reopened after the fact for another verdict and sentencing ? And if DM injects a bunch of new evidence, then MS can apply to have it opened again ?

I'd like to see the judge allow DM to testify at this trial, before the verdict. I think MS should stop and DM should be put on the stand at this point.

Sooner or later one of these idiots is going to implicate CN deeper into this mess.

Let the good times roll ! By the time this is all done, all three of the main characters (DM, CN, and MS) will get life and the rest will get smaller sentences.

MS never made a police statement. All of his testimony today was new evidence.

DM would simply be allowed to call witnesses before the case went to the jury.

 

[Just4TB]

I've read this through a few times and I don't quite get it. Why would the original plan be for MS to follow in the Yukon? He didn't on the Igor test drive. If his story is that they were just "scoping" the truck, why wouldn't he come along?

In fact, if MS knew the plan was to kill TB, wouldn't it make more sense for him to lie in wait with the Yukon anyway? Or would just *one* guy coming up the driveway on foot look even more suspicious?

MS said that DM left the keys in the Yukon cupholder. Implying this was part of the plan, that he drive behind during the test drive.

MS is trying to get the jury to believe that he was innocently following DM and TB during the test drive. We have evidence and testimony that he walked up the driveway with DM, got into TB truck.
SB and WD both testified to that, and MS admitted same today. As for Igor's truck, exactly - DM front and MS back seat. More evidence pointing to how unlikely it is that MS was driving in the Yukon while TB was murdered.
I believe MS was NOT driving behind in the Yukon, until after TB was shot.

 

[Massasauga Rattler]

Why wasn't there any blood or GSR in the Yukon after DM fueled it up ?

maybe change of clothes and cleanup at the hanger by that point.

 

[cckp72]

MS said him getting into the Yukon wasn't part of the original plan but that he just went along with it

I'll bet because once DM saw that TB was a smaller man, he figured he could pull off the confinement and murder, unlike Igor.

 

[Jug Up]

I've read this through a few times and I don't quite get it. Why would the original plan be for MS to follow in the Yukon? He didn't on the Igor test drive. If his story is that they were just "scoping" the truck, why wouldn't he come along?

In fact, if MS knew the plan was to kill TB, wouldn't it make more sense for him to lie in wait with the Yukon anyway? Or would just *one* guy coming up the driveway on foot look even more suspicious?

But doesn't that make it even more ridiculous? Why do they need two people to scope out a truck for DM? Why double the chance of someone being able to ID you? Igor picked Smich out of a police lineup, and ID'd DM's tattoo. He got both of them.

If one guy meets me without a car for a test drive, it makes a little sense. There are buses, and if the guy is looking for a truck, maybe he doesn't have a current vehicle. If two guys come to see me with no vehicle, whether in broad daylight (Igor) or twilight (TB), natural instincts put me on instant alert.

Then again, the plan may have been to have MS kill him while DM drove. Who knows at this point? With this merry band of connivers, liars and cheats, we can never be too sure.

 

[Mrs. M]

Not sure what the point of saying "willingly" has to do with anything? Aren't you making my point for me? He fears for his life, even before turning into a rat?

It doesn't matter what ties DM has. Not even a little. This isn't Sons of Anarchy.

Anyway, more important things to discuss.

Thumbs up on the Sons of Anarchy reference. Wondering if DM is convicted in all three cases, if he will do the time consecutively or concurrently. It's scary to think he could be a free man in 25 years!

 

[Inspector_North]

Please correct me where I am wrong in the following sequence.

1) All three get in the truck. DM in the drivers seat, TB in the passenger seat, and MS in the back.
2) They drive some distance, and DM abruptly brakes and says their friend could not find Tim Hortons. How did he know? Was he on the phone faking it?
3) DM tells them he is back at Bosma's (This is where the script goes sour according to MS)
4) They drive back to Bosma's (lane next to his property) and DM tells MS to get into the Yukon with their imaginary friend and follow them to Tim Hortons. This way they did not need to come back after the test drive.
5) MS does, and the next time DM pulls over, TB has been shot.

I am hearing many stories on the news. I went back over today's tweets, and this seems to be the sequence.

Comments? I want to get MS's story straight, true or not.

MOO

 

[Velma]

[video=youtube;e20Ib-wZtmQ]https://www.youtube.com/watch?v=e20Ib-wZtmQ[/video]

Watching that again while reading the testimony has made me so ill and I have tears in my eyes. Stay strong Bosmas.

Catching up now, apologies for the comments being several hours late.

 

[swedie]

What I'd like to know is who fueled up the incinerator and when.

The incinerator is propane powered. The tank is integral to it. To fuel it up, you have to tow it to service station that sells propane for cars and fill it up. Did DM do this days before the mission ? Was MS along ? Did AM do it ? Did JV do it ?

When was the incinerator moved from the hanger to the farm ? What ever became of DM asking for a generator, in order to run the incinerator at the farm where there was no power ?

I can't imagine the DM's friends knew DM had an incinerator and didn't ask what he was using it for. They knew. Way more people than DM and SM need to go to jail for a while. I hope the crown goes back and charges people with theft, perjury, accessory to murder, working on stolen property, drugs, drug dealing, tampering with evidence and helping a person communicate with someone under a court order not to.

So...DM made a trip with the Yukon to the gas station for gas, prior to lighting the incinerator. Did DM fill a gas can and pour some gas into the incinerator as an accelerate? Is that why there was a big flare up seen in the video? Perhaps there wasn't much propane in the tank so DM thought gas would accelerate the burning process? I don't mean to make things sounds worse or more bizarre and disturbing than they already are, but in all seriousness who the hell would be concerned about going to get gas in their truck when there is a murdered man lying inside an incinerator outside the hangar door?! SMH. Wonder if LE checked gas stations for video evidence? No video IMO means MS likely didn't make a statement to LE after his arrest or the video had been recorded over. MOO.

Adam Carter ‏@AdamCarterCBC 6h6 hours ago
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

Adam Carter ‏@AdamCarterCBC 6h6 hours ago
"He went and turned on the Eliminator," Smich says.

 

[ArianeEmory]

MS said that DM left the keys in the Yukon cupholder. Implying this was part of the plan, that he drive behind during the test drive.

MS is trying to get the jury to believe that he was innocently following DM and TB during the test drive. We have evidence and testimony that he walked up the driveway with DM, got into TB truck.
SB and WD both testified to that, and MS admitted same today. As for Igor's truck, exactly - DM front and MS back seat. More evidence pointing to how unlikely it is that MS was driving in the Yukon while TB was murdered.
I believe MS was NOT driving behind in the Yukon, until after TB was shot.

It's been a long day, but I'm just not following. Except to say that I didn't get the impression that MS mentioning finding the keys in the cupholder was him implying that it was part of a plan.

I'm still not taking a specific stance on MS. Posters I like and respect are landing on both sides of the fence and I'm still thinking it through. However, none of these "gotchas" people are pointing to in MS's testimony are feeling like slam-dunks to me yet.

 

[Alethea Dice]

That testimony was so predictable it could have been written and reported before it even happened. Just tell a story based on the evidence he heard, skip some points and make up others of the important parts that haven't been proven yet. And don't forget the well coached soften and lower the voice every time Mr. Bosma's name is mentioned. He did mess up in a few places though IMO. He claims he wasn't expecting the tool box, just the bag of weed. But doesn't explain what the "other thing" was that he asked AM to get and bring with the bag of weed in a text message. All the thefts were DM's idea, but he doesn't explain his text message asking if DM was coming over because he had some "missions" he wanted DM to check out. I have a feeling his gun testimony is going to come back to bite him in the butt too.

JMO

 

[deugirtni]

At the farm while they were there for about an hour? That would be my guess.

In the hangar video, was DM wearing the same orange longsleeved shirt that SB said she saw him wearing when he went with her huband?

 

[ArianeEmory]

In the hangar video, was DM wearing the same orange longsleeved shirt that SB said she saw him wearing when he went with her huband?

I think the hangar video is in B/W.

 

[Claroon]

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

Of course his matches the evidence. None of the other witnesses were allowed to be present for the others' testimonies. MS was present for all of them. He knows how he needs to put the story together to make himself look innocent. IMO

 

[don_quixote]

Returning to the truck bed. So there are two explanations.
1. Chairs, carpets, other sources of secondary blood2.
2. Body was put as an intermediate step to the incinerator.

Number 1 seems less likely because carpets, etc would soak up the blood. Wouldn't release blood in abundance.
IMO, 2 is more likely: the small drops of blood in the well are (MOO) from the blood dripping on the moving wheel and getting sprayed up. If you think how a wheel rotates when a vehicle is moving forward, this is only possible if the blood is dripping from top or the rear half of the wheel. If the blood was flying from the cabin as the vehicle moved, the wheel would spray it onto the ground. It's like snow or dirt build up at the mud guard.

 

[SuperSpy]

DM would simply be allowed to call witnesses before the case went to the jury.

I like the sound of that. But MS should stop immediately and DM should start. DM shouldn't get the last word.

 

[Alethea Dice]

Ummm....yeah....MS didn't know anything about guns. Had no idea what kind of gun DM had. But was watching zombie bullet you tube videos with BD AFTER the murder? Talking about "his gun" and DM's gun. An aspiring rapper, writing lyrics about his ".380". What a coincidence.

I noticed that MS's birthday is around the time that he took the picture of himself with that gun. Birthday present from his "bro"?

I guess I wasn't expecting the whole truth from MS but I was expecting a little more accountability. He's really coming off as less than believable to me because of it.

MOO

Add to that, he says that the two finger photo of him holding the gun was taken inside a car. But you can see the wall and ceiling behind him in the picture. Not sure if there is another different picture that I may have missed of him holding the gun when DM first bought it, a picture that he took with his Blackberry, but the two finger picture was taken 6 months later and on the iPad according to the evidence photo.

JMO

 

[ILoveDateline]

It's been a long day, but I'm just not following. Except to say that I didn't get the impression that MS mentioning finding the keys in the cupholder was him implying that it was part of a plan.

I'm still not taking a specific stance on MS. Posters I like and respect are landing on both sides of the fence and I'm still thinking it through. However, none of these "gotchas" people are pointing to in MS's testimony are feeling like slam-dunks to me yet.

I agree. I'm not sure what to make of MS after today but I do know everyday we learn something knew. I'm waiting to hear what comes out in cross.

Small kudos though to MS for trying to bring clarity. I hope it well intentioned.

All MO.

 

[SuperSpy]

So...DM made a trip with the Yukon to the gas station for gas, prior to lighting the incinerator. Did DM fill a gas can and pour some gas into the incinerator as an accelerate? Is that why there was a big flare up seen in the video? Perhaps there wasn't much propane in the tank so DM thought gas would accelerate the burning process? I don't mean to make things sounds worse or more bizarre and disturbing than they already are, but in all seriousness who the hell would be concerned about going to get gas in their truck when there is a murdered man lying inside an incinerator outside the hangar door?!

It didn't make sense to me either, especially leaving MS alone with a phone. DM must have really trusted MS not to do something. I think DM was up to something else for those 40 minutes. Maybe he needed some time alone. Or maybe he was trying to find a home for the truck.

 

[SnooperDuper]

Please correct me where I am wrong in the following sequence.

1) All three get in the truck. DM in the drivers seat, TB in the passenger seat, and MS in the back.
2) They drive some distance, and DM abruptly brakes and says their friend could not find Tim Hortons. How did he know? Was he on the phone faking it?
3) DM tells them he is back at Bosma's (This is where the script goes sour according to MS)
4) They drive back to Bosma's (lane next to his property) and DM tells MS to get into the Yukon with their imaginary friend and follow them to Tim Hortons. This way they did not need to come back after the test drive.
5) MS does, and the next time DM pulls over, TB has been shot.

I am hearing many stories on the news. I went back over today's tweets, and this seems to be the sequence.

Comments? I want to get MS's story straight, true or not.

MOO

2) As they were exiting the driveway DM reached in his pocket (and swerved a bit) and said he had just got the text from his buddy...who could not find Tim Hortons.