Bosma Murder Trial 05.11.16 - Day 47 - Smich Defence commences

[ArianeEmory]

I don't know if I agree. You don't get on the stand at your own murder trial and lie ... that would open you up to loads of cross examination that would make you look like a fool and completely ruin your chances. I would say that this testimony is the truth, the whole truth and nothing but the truth. MOO

I'm 50/50. I think we're getting a version of something close to the truth (after all, the physical evidence like GSR over driver's seat seems to line up), but definitely spun to make MS look good.

 

[Elisabeth]

This is a google image search for 'car window bullet'. It should be SFW and I didn't see anything too graphic, but I didn't scroll that far.

http://tinyurl.com/zwabkx8

thank you so much! And very clearly those windows show a gunshot. That evidence would have to be removed.

 

[andreww]

Easy to say that, but how do you know his account is not true? It very well may be.

I believe he's lying about everything but the inconsequential details. Why stop at the dealership? Just an unnecessary risk. The bit about the plates hit me the other day when Millard swapped the Yukon for the RAM, then swapped the white van for the Yukon. It was originally thought that it was for towing purposes, but then it hit me that TBs truck was already capable of towing and that the reason he wanted his RAM was for the plates. So evidence seems to back up that part of Smich's story.

 

[Ontario_girl]

Did he turn it off, or did it run out of battery?

Well it went off just before the test drive because it wasn't pinging on any towers then around 930 I thought he spoke with MM on his phone saying he was driving?

 

[raining]

If MS is telling the truth, it was not long before pulling over as he was putting the gun back in the satchel.

MOO

It could have been any time really, he could have shot him immediately after MS got out, kept the gun in his lap or on the centre console, and then put it in his satchel when he got out of the truck MOO

 

[NashBridges2]

I believe we are getting half of the story. I believe his events are correct in how it took place, with him being in the Yukon and DM being the shooter. But I feel he is being dishonest about the planning and pre meditation aspect of it.

But Dungey is a genious. It's not exactly like Millards lawyer can get up and accuse Smich of lying about not knowing it was planned. Because if he does that, he basically admits his own client had it planned.

 

[lclabtech]

It'll be fascinating to hear how Millard reacts to any testimony about the disposing of Tim's body, the trailer, incinerator, etc. Seems like he's one word away from throwing a courtroom tantrum IMO.

It's only one reporter who says Millard looks angry and agitated no? Susan Clairmont seems to be saying no reaction from DM.

 

[Jug Up]

Well he drove to Ancaster with DM in the Yukon so it is likely he saw DM leave the keys in the cup holder as they got out.

Yes, good point. As I missed the "you guys" reference from DM to MS when they went to the Yukon, obviously insinuating the friend was in the Yukon.

Odd, considering where the Yukon was allegedly parked.

 

[Inspector_North]

I believed all along that this was planned, and I still believe that. Who the hell brings a gun to a test drive? I think MS is conveniently leaving a few things out, but for the most part I find myself believing him.

Two lingering questions I had, aside from when TB was actually killed, was how did they get the “our friend and Tim Horton’s” story across on Tim when they went to the Yukon, and what were they doing at the Bobcat dealership?

Looks like we have answers to both.

One problem I still have, though. If DM does the “my friend can’t find Tim Horton’s” routine, pulls a U-turn and heads straight to the Yukon, at what point does TB start getting alarmed, especially when MS jumps in the Yukon and there is no friend? TB is a young father and husband. Surely they do not make it all the way to Brantford with him putting up a fight, realizing something is going on. Something not adding up here….

Many of the windows were tinted in the Yukon, and depending on what angle it was parked, he may have not noticed there was no one there. I believe as CN would say it was getting dark (dawn).

All holes in his story will be explored by the crown, and DM's defence team.
MOO

 

[SuperSpy]

Something that doesn't make sense is that DM got the red truck from JV before the mission. If the plan was to scope out the truck, let some time pass and then steal it, there was no need to have the red truck for that evening. They knew they were going to get a truck that night. They knew they were going to transport it in the big trailer. The "just a test drive" doesn't add up.

 

[ArianeEmory]

I believe we are getting half of the story. I believe his events are correct in how it took place, with him being in the Yukon and DM being the shooter. But I feel he is being dishonest about the planning and pre meditation aspect of it.

But Dungey is a genious. It's not exactly like Millards lawyer can get up and accuse Smich of lying about not knowing it was planned. Because if he does that, he basically admits his own client had it planned.

And this is why I could never be a lawyer. This point didn't even occur to me.

I am, however, insanely curious about what DM's lawyers WILL ask.

 

[Inspector_North]

Well it went off just before the test drive because it wasn't pinging on any towers then around 930 I thought he spoke with MM on his phone saying he was driving?

What time was Tim and DM talking when they walked up the driveway? Sounds like MS turned it off after.

MOO

 

[andreww]

He claims he saw a bullet hole. Meaning, the glass didn't shatter?

Glass will shatter but its safety glass, so it stays in one piece. The amount of glass on the road could have been minute as the tiny pit that didn't stay with the window was likely all but vaporized IMO.

 

[SuperSpy]

Another thing that doesn't make sense is why they didn't just load up one of the trucks they couldn't get running. Instead of breaking a window and trying to start one and drive it away, why didn't they back up the big trailer and winch one in and drive away ? Any truck with an auto transmission will freewheel if you disconnect the driveshafts. 4 bolts for each. 10 minutes, tops, if you practice. Nobody will see you under the truck either.

 

[CJPRINCESS]

Originally from February 16, 2016 - Day 9 of testimony -

Court now seeing a picture of the window out of the truck, laid on the ground. The top is shattered, and there are spiderwebs of cracks on the bottom part of the window.
by Adam Carter 11:04 AM

Sean Leathong ‏@SeanLCHCH 1m1 minute ago Hamilton, Ontario
Image shows front passenger window completely smashed. @CHCHNews #Bosma

Shannon Martin ‏@ShannonMartinTV 58s59 seconds ago Hamilton, Ontario
All other windows were rolled down. Passenger side window smashed, hanging in door frame. #Bosma

molly hayesVerified account ‏@mollyhayes 1m1 minute ago
Now seeing the inside of the passenger seat window. Broken. They removed door panel in order to test glass for blood/other evidence. #Bosma

There was also glass found at the farm in a burn site. I'm sure there was blood on the window and they removed that portion and tossed into the fire.

 

[NashBridges2]

And if truth be told, I don't think any of this "who shot him, who was in each vehicle" is going to matter. Because Smich is going to admit to the burning of the body and evidence. And that takes away any doubt on whether or not these 2 men really did this to TB. At the end of the day, the jury won't care who shot him. All they will care about is that he was stolen, with his truck, shot and killed and that Smich admits that. Very rarely does a person charged with murder admit the crime.

 

[JuneBug67]

Can anyone familiar with the routing (I am completely useless at the physical logistics) tell me if Tim's phone would have been found before or after the 'bobcat place' on whatever logical route they took?

Kemira Water was on the same stretch of road as the Bobcat, a couple (few?) hundred metres before the Bobcat as they approached it, on the opposite side of the road. So in MS's scenario it would have to have been tossed on the way from alleged murder scene if it was indeed Tim's phone being wiped. A potentially awkward toss if they didn't get out of the vehicle or otherwise accommodate their position as it would have had to have been thrown by a driver out a passenger window hard enough and accurately enough to clear a fence and land on the grass. You can google street view the Brantford Bobcat and virtually travel between the two businesses.

 

[SuperSpy]

Glass will shatter but its safety glass, so it stays in one piece. The amount of glass on the road could have been minute as the tiny pit that didn't stay with the window was likely all but vaporized IMO.

I don't know about this. If you hit a side window with a "safety hammer" that is designed to break a window in the case of going through ice, it shatters into a million pieces. I'm surprised that the passenger window didn't do this. Has Mythbusters tested this ?

 

[LoyalSleuth]

I have always been of the mind that MS was not guilty of first degree murder. His testimony today alters my belief, I think he is lying about:
- not knowing about the keys in the cupholder
- the purpose of change of clothes
- not knowing there was a gun with DM

I believe we are getting half of the story. I believe his events are correct in how it took place, with him being in the Yukon and DM being the shooter. But I feel he is being dishonest about the planning and pre meditation aspect of it.

But Dungey is a genious. It's not exactly like Millards lawyer can get up and accuse Smich of lying about not knowing it was planned. Because if he does that, he basically admits his own client had it planned.

Sent from my SM-A500W using Tapatalk

 

[spanishshara]

I don't think Alex Pierson who said he looks agitated has a reason to lie IMO. And even during the previous days articles have highlighted DM's glares and stares at MS.

Another reporter with CHCH also said

@HefCHCHNews @altonwu Millard seems very angry. The bags under his eyes are getting heavier.