Bosma Murder Trial 05.11.16 - Day 47 - Smich Defence commences

[don_quixote]

True, the Crown obviously didn't think it significant, or it would have been included in the report. But, Pillay's making a point of it, and getting Plaxton to admit it could well be the same vehicle, seems to suggest he (Pillay) considers it very important indeed -- perhaps ( in light of today's testimony) to try to establish that MS was in the truck with DM and TB.

As for Bullman's field, I only read two sets of tweets today, but only saw references to MS saying they had parked "on a side road" and no mention of a field. Did he actually say "field?" Otherwise there could be doubt cast on Bullman (jr's) sighting as being of the TB truck and the Yukon. Though IMO at a certain point coincidences multiply beyond believability.

MS said "that field entrance thing'. Yes, I also think it odd that they didn't include if in the direct exam. It may be significant. We'll see what pillay makes out of it...

 

[Arnie M]

It should have been.

Edited to add: I know you meant TB Arnie but I saw your typo and couldn't resist it. LOL

Haaaa .... my subconscious must have typed that.

Interesting concept nonetheless (MS killing DM or DM killing MS) ..... very early in the case (2013) a radio station had a retired detective on the show and they were discussing the second suspect ....

RADIO HOST : .... what are the chances of finding the other suspect
RETIRED DETECTIVE: .... how do you know he is alive
RADIO HOST : ... why would you say that
RETIRED DETECTIVE: ... look what they did to the first guy

 

[musicaljoke]

First time post. I might be exhausted, so bear with me! If MS knew of the plan, why did he go up the Bosma's driveway? Why not wait in the Yukon and follow the Ram from the road?

Or meet at the farm? I expect he just did what DM told him to do. The two probably energize each other and need to be equal participants in the missions.

 

[ILoveDateline]

Just thinking, if I realized someone shot someone unexpectedly my hands would not be steady enough to change license plates within a 10 min window of time. I'd be freaking out. IMO

I've only been in a traumatic, high pressure situation a couple of times. I'm completely hysterical and useless until you give me a task to do. Things are a total blur and it's hard to think straight but as soon as action is required, it's laser focus to get the job done. JMO.

 

[THXGuru]

I'll jump on the welcome band wagon! Really appreciate your first hand experience.....I can't imagine what sitting through that testimony and having to witness the reaction of the Bosma family was like. I was reading tweets and had to step away.....

I want justice for TB. I think we all do. But I am leaning towards believing MS's testimony....I know it's somewhat "convenient", but for whatever reason it sounds believable to me. Your assessment of his testimony only strengthens that. And I totally agree about CN. There are no words for her.

As I have said, I will refrain from making a final decision until all the evidence is in, but today's testimony has caused me to reevaluate my position......his cross may do the same. ALL MOO

MS testimony sounds believable? This is an individual who has four prior criminal convictions, one pending, was a drug dealer, had a grade 10 education at the time and would rather go to his sister's wedding to the police.

 

[Typhoo1961]

So I was looking at billandrew's timeline of events and I would guess that TB was deceased approximately a half an hour after going on the test drive give or take a few minutes either way. Very quick IMO. That in itself makes me think this was premeditated, at least by DM, since he was very quick to get into the driver's seat of TB's truck.

 

[Typhoo1961]

RADIO HOST : .... what are the chances of finding the other suspect
RETIRED DETECTIVE: .... how do you know he is alive
RADIO HOST : ... why would you say that
RETIRED DETECTIVE: ... look what they did to the first guy

I would have loved to have seen the look on the radio hosts face after that one. Haha!

I'm not trying to make light of it but all this testimony is making me want to go listen to some old-time radio crime shows.

 

[andreww]

.

MS said after May 6th he was trying to put distance between himself and DM .... and was trying to do it slowly so that DM did not get suspicious .... I am thinking that is why he and MM moved to her sisters place . Plus the surveillance pictures of MS certainly show a trouble and downcast looking guy so maybe he is telling the truth that he was shocked at what happened and afraid of DM

Hard to say , it would also be fair to suggest he was troubled because he anticipated he would be arrested too.

I keep hoping MS is telling the truth and he proves it in his remaining testimony.

The only reason Smich started to distance himself from Millard is because my the morning of the 8th the story was front page news. The writing was on the wall!

I just can't believe how many people here are buying what this guy says hook line and sinker. A week ago we wanted to hang this guy based on hard evidence. He hasn't addresses any of that evidence and has just spun a sketchy tail that casts himself as the naive dolt, and people are actually buying it!

Ask yourself why, if they were supposedly just going to scope out a truck, why MM begged him not to go? Ask yourself exactly how they were going to steal that truck? Smich said they failed at hot-wiring, and they didn't bring a trailer, and if these were the options, why show your face to the owner? If the plan was not to kill Bosma, why not force him out at the field? If they weren't going to steal the truck, why did they bring plates? I could go on and on.

Lastly, Smich testifies that Millard turns in to Mr Hyde, angry and scary. From testimony we have heard from witnesses Millard is described as the easy going, even tempered one, while its Smich that is describe as having the scary, angry temper.

 

[ILoveDateline]

This is absolutely incorrect. A commercial vehicle carrying goods for import needs paperwork. A personal use vehicle does not. Unless there was a reason for the border officials to believe this was a stolen vehicle they would not be looking closely at the registration. If I get caught up I will try and find a link for you.....but I was a customs officer at a land border for 3 years.

Thanks. I was debating this with two people yesterday and couldn't understand why there would be suspicion if the truck was a red Dodge ram and that's what the registration said. I'm a layman when it comes to vehicle registrations and border processes. Thanks for providing insight. JMO.

 

[canadiangirl]

Jury is out on MS. I still think he's brought nothing new to the table and just filling in what we already know. I'll wait to see how he does with the rest of his story and the cross. So far.. Not buying it. Parts of it I believe to be true but these were parts we already knew. IMO

All comments are JMO unless stated otherwise

 

[Canadian4]

Of course MS is going to minimize his involvement and while I am not buying everything he says I am still interested in hearing what he says.

 

[andreww]

Thanks. I was debating this with two people yesterday and couldn't understand why there would be suspicion if the truck was a red Dodge ram and that's what the registration said. I'm a layman when it comes to vehicle registrations and border processes. Thanks for providing insight. JMO.

I don't recall them ever looking at my registration at the border. And not really sure what Millards long term plan was for both trucks either?

 

[nettie_82]

I've only been in a traumatic, high pressure situation a couple of times. I'm completely hysterical and useless until you give me a task to do. Things are a total blur and it's hard to think straight but as soon as action is required, it's laser focus to get the job done. JMO.

I wouldn't be surprised if he was high on drugs. Someone on drugs could prob participate in crime much calmer than someone completely sober.

 

[canadiangirl]

I don't recall them ever looking at my registration at the border. And not really sure what Millards long term plan was for both trucks either?

They looked at mine going across for a day trip just last month on the way over. Had me park my car. Leave my electronics in it and the registration on the seat. Then sent me inside while they searched the car

 

[Inspector_North]

While many here point out inconsistencies in MS's testimony, it always seemed a bit strange how MS distanced himself from DM after they completed phase one of the mission. Yes, MS did help DM a few times, but DM really took ownership of the cleanup. DM also continued with his plan to morph the truck on the 8th when he called the body shop to have it rush painted.

MS will need to address what DM meant by an all nighter, that he texted to CN. It sure sounded like MM was not expecting an all nighter, but AM didn't sound surprised.

Hopefully he will have to answer to the following:

They need to ask him about when he bolted by BD after DM dropped MS off. Was this when he was dropped off with the red truck towing the trailer and DM was panicking about AJ calling CS? Always wondered why DM got CN involved in the remainder of the mission that night? It could be as simple as DM not wanting the cleanup by two suspects fitting the description.

What did MS mean when he said he f-uped?

Of course they also need to ask about the 'fireworks' text and the photos of the furniture and sausage.

Also, what did he ask AM to bring? MS's defence team has already gone past that point, but cross will most likely pick over this one. IIRC, it was a voice call and therefore he said, he said, about bringing that other thing. To be fair, it was a leading question about "the thing".

molly hayesVerified account ‏@mollyhayes 3m3 minutes ago
Sachak: Smich wants those drugs in Dell's house. And he wants "the thing" that Hagerman had.
Michalski: yes sir. #Bosma

And AM said this to the crown.

molly hayes ‏@mollyhayes 39s39 seconds ago
Smich wanted him to "meet up with Hagerman and he wanted whatever I had and whatever Hagerman had brought to him the next day." #Bosma

MS needs to address this, although many here thought AM was lying about this request at the time. There is no text proof as to the exchange, it's MS's word versus AM's.

One last thing he needs to address from mission prep texts, Tape, gloves, and Orange guy.

MOO

 

[MsSherlock]

I would like to add my thoughts to that .... MS said killing DM was not part of the original plan .... they were only supposed to "scope it out" .... fine ..... but in order to make that stick , Mark is going to have to tell the court exactly what the original plan was ..... ie: how were they going to steal the truck after they scoped it out ?

He is in deep trouble if he does not come up with a totally convincing detailed "original plan" (no killing involved) .... and for the life of me I cannot imagine what it could be ..... I am sure they did not have a duplicate key making machine with them ..... and if they were to come back later to winch it into a trailer they would not need to expose themselves to a test drive first.

I hope MS realizes he has some big blanks to fill in if his testimony is to be believed.

I sure do give him credit for his live confession , even if it is biased in his favor much of it sounds authentic.

IMHO, if what MS is saying is the truth, it will hold water under cross examination and may even put some of the puzzle pieces in place. I don't have as much confidence in MS as I do in TD. I had never heard of TD prior to this trial, but from TD's cross examinations, it seems he has a real knack for knowing who he's dealing with. At the same time, he's a criminal defence lawyer- his client is not obligated to testify, yet TD has MS up on the stand. I'd be somewhat surprised if MS was chomping at the bit to take the stand and try to run with a lie to save his butt. I just don't believe MS has that level of confidence and I don't believe that TD would let him do it. However, I do believe that TD would assess a situation and tell his client to get up there and tell the truth. Instead of the story line going down in history as 2 psychopaths out for a thrill kill, it may very well be one spoiled, brat, rich kid psycho having a psychotic episode because he wanted a truck and wasn't going to wait any longer. IMHO, it's the latter. DM has not only left a trail of dead people, he has sucked out the life of many of the living. His tatt's should read "Sent from Hell" rather than "Heaven Sent".

If MS is telling the truth, there's nothing that DM's team or the Crown can say to change it. IMHO, the Bosma family have been strong in their faith with hopes of getting the truth-IMO, they're going to get it, whether or not any of us accept it is another story- at the end of the day, it's really up to the 12 people sitting in the Jury seats. I have no interest in seeing a guilty person walk free nor do I have an interest in seeing an innocent person incarcerated for life. I just want justice for TB. MOO

 

[Velma]

It could have been tossed either before or after the Bobcat stop as they passed by Kemira in both directions.

As an interesting aside I never use north/south/east/west in describing direction because I'm in Northern Ontario and we just don't do that around here. It's much more common and necessary in Southern Ontario. Here it's all left, right, before, after and x minutes past y beer store.

Nah, I operate the way you do and I've always lived in Southern Ontario. City not rural. I'm terrible with N S E W. "2 or 3 mins past Tim Hortons then turn right at the car wash" or what have you [emoji4]

 

[Jug Up]

I agree that MS's testimony about where the Yukon was parked made me sit up and notice. The only thing I was thinking was that there is this small pull off area at the entrance to the field. Maybe that's what he was talking about as to where they parked. Entirely possible that they turned into the field to turn around which is when they were seen by Mr. Bullman. Just a thought.

Agreed. I am quite familiar with the area as well. It is easy to see why different reporters would refer to the area as a "laneway", "driveway" and "field."

I am guessing Mr. Bullmann only saw the trucks leaving the laneway exiting onto Book, and not in the actual field itself, if that makes sense.

 

[andreww]

They looked at mine going across for a day trip just last month on the way over. Had me park my car. Leave my electronics in it and the registration on the seat. Then sent me inside while they searched the car

Lol, you must look shady

 

[ILoveDateline]

Nah, I operate the way you do and I've always lived in Southern Ontario. City not rural. I'm terrible with N S E W. "2 or 3 mins past Tim Hortons then turn right at the car wash" or what have you [emoji4]

I read an article once that said women understand directions when based on landmarks; go about 5 minutes and turn left at the car dealership. And men do better with quantitative directions; it's 5kms south on the NW corner of x and x. I'm a woman and call my hubby all the time lost and looking for help. If it weren't for the compass on the dash, I'd never get any help. He asks me which way I'm travelling and I say "I just past a Pita Pit on the right, does that help?" it doesn't [emoji20].