Bosma Murder Trial 05.11.16 - Day 47 - Smich Defence commences

[andreww]

Regarding the satchel, I think SB and WD said they don't remember a satchel.
IT from the first test drive did notice the satchel and it was something he was known to carry. This would make me think that he did have the satchel with him on that test drive as well. Also, that the satchel was found in the washing machine at DM's residence leads me to believe that it was likely with him on the night of the murder. I don't know how much of what MS is saying is true, but I don't think he suddenly made up the satchel. jmo

I get what you are saying, but if a guy comes to your door carrying a purse and you have to identify hi to police only a few hours later, chances are the first thing you are gonna say i "the big guy had a purse". Could one have them missed it? Sure. Both? Now way. I don't doubt he had it, just wonder if he left it in the Yukon?

 

[andreww]

How stupid was DM not to take the stand and at least try to pin this on MS ? Not only did we not hear his big speech, but he was totally out maneuvered by SM's lawyer. Loser on both counts.

Ask that question after Smich has been cross examined. You are about to witness something truly special

 

[SuperSpy]

Correct, but it makes you wonder why he wasn't called? If he saw the gun, you'd think he'd be up there.

I was assuming he gave a (false) statement under oath to the police.

 

[andreww]

I was assuming he gave a (false) statement under oath to the police.

Ya, but they all did that.

 

[SnooperDuper]

How stupid was DM not to take the stand and at least try to pin this on MS ? Not only did we not hear his big speech, but he was totally out maneuvered by SM's lawyer. Loser on both counts.

DM's goose was cooked before we got to today. He could only have made it worse.

 

[EspressoBean]

I get what you are saying, but if a guy comes to your door carrying a purse and you have to identify hi to police only a few hours later, chances are the first thing you are gonna say i "the big guy had a purse". Could one have them missed it? Sure. Both? Now way. I don't doubt he had it, just wonder if he left it in the Yukon?

It wasn't really a purse. If you watch the hangar video it doesn't stand out if you aren't looking for it. It was dark outside and they were noticing the situation. I think it makes a lot more sense that he was wearing it since that seemed to be what he did. I don't think it fits as you said to question MS' credibility by saying that he "suddenly" came up with DM wearing the satchel.

 

[Inspector_North]

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

Arthur has not been on the stand. He could provide valuable evidence of the mood the moment they opened the toolbox.
MOO

 

[tinman]

I find it very interesting that while in jail, DM was scheming and manipulating, while MS was completing high school. Points to character IMO

also points to a lawyer's advice about how to look better come D-day.

 

[Gibson67]

a few things I'm having some trouble with..the toolbox testimony is just not Jiving with Daley's testimony..that it was Smich's gun that was in the toolbox and that MS told him that. I am also having difficulty believing that he never told Daley what happened, if the events occurred like this then why would you not confide this to your friend? Surely it would have helped MS if Daley had testified also that Smich told him DM was the one that shot TB. Why did he not give this statement to police after his arrest and why did Dungey not seek bail and make a deal with the crown if this is what happened. They must have got disclosure and it would have shown that there was not much physical evidence against Smich.

 

[EspressoBean]

I was assuming he gave a (false) statement under oath to the police.

I don't know that Arthur would have much to offer the case. MS is confirming that there was a gun in the toolbox and he got Arthur to pick it up and this seems to fit with what we have heard from other witnesses. Arthur wouldn't make a great witness for either side and I don't think the facts surrounding anything Arthur might have done would be very relevant to the first degree murder charge.
We haven't heard anything to say that anyone is denying there was a gun in the toolbox so I'm not sure what would imply that he would have given a false statement based on what MS said today.
jmo

 

[dar107]

Still a thousand questions...still days on the stand for MS. i guess we will see how he holds up in cross, especially with the crown. I imagine Pillay will have to tread carefully, but as has been mentioned, he will convey DM's defense and blame game through his cross of MS. However, the disadvantage to that IMO is the letters, it is already clear with the Jury that DM was concocting a story and trying to have witness's tampered with. Where as MS is just up there telling his side. I would love to know if MS gave a statement when arrested and if so can that corroborate with his testimony, and show he did not make this all up to correspond with disclosure and the trial.

 

[andreww]

It wasn't really a purse. If you watch the hangar video it doesn't stand out if you aren't looking for it. It was dark outside and they were noticing the situation. I think it makes a lot more sense that he was wearing it since that seemed to be what he did. I don't think it fits as you said to question MS' credibility by saying that he "suddenly" came up with DM wearing the satchel.

I know what it was, a man purse. One of them would have noticed it just like IT did.

 

[SuperSpy]

Still a thousand questions...still days on the stand for MS. i guess we will see how he holds up in cross, especially with the crown. I imagine Pillay will have to tread carefully, but as has been mentioned, he will convey DM's defense and blame game through his cross of MS. However, the disadvantage to that IMO is the letters, it is already clear with the Jury that DM was concocting a story and trying to have witness's tampered with. Where as MS is just up there telling his side. I would love to know if MS gave a statement when arrested and if so can that corroborate with his testimony, and show he did not make this all up to correspond with disclosure and the trial.

I'm sure the cross examination will compare his testimony to his statement(s).

 

[Elisabeth]

IMO, he is saying they were casing the truck on the test drive. And if a theft was to occur, they would come back later with their change of clothes.

MOO

I don't buy the change of clothes reasoning. You don't hide your face but you think changing from one hoodie to another will make a difference? Maybe having one man show up for the test drive and then two do the later robbery would throw the trail more.

 

[Claroon]

Northbound passenger side actually...

Ah, yes. Now I'm totally mixed up I had been thinking they threw it first before killing TB since they had oddly turned off the 403 at Paris road and Kemira is South of Paris Road is what I was thinking. So I assumed they were driving south at the time of throwing it. Which I suppose would be the driver throwing it.

But I now suppose DM was stupid and threw it out on his way up to the farm (northbound), but why on the passenger side?

From the spot police found it, I think DM would have had to pull into Kemira's driveway, either that or he is a good throw. Didn't he also have a sore shoulder? Comparing this photo with google maps http://news.nationalpost.com/news/c...-bosmas-cellphone-key-moments-in-murder-probe


Is that a little funky?

 

[Nosey Parker]

Regarding the satchel, I think SB and WD said they don't remember a satchel.
IT from the first test drive did notice the satchel and it was something he was known to carry. This would make me think that he did have the satchel with him on that test drive as well. Also, that the satchel was found in the washing machine at DM's residence leads me to believe that it was likely with him on the night of the murder. I don't know how much of what MS is saying is true, but I don't think he suddenly made up the satchel. jmo

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.

 

[SuperSpy]

Still a thousand questions...still days on the stand for MS. i guess we will see how he holds up in cross, especially with the crown. I imagine Pillay will have to tread carefully, but as has been mentioned, he will convey DM's defense and blame game through his cross of MS. However, the disadvantage to that IMO is the letters, it is already clear with the Jury that DM was concocting a story and trying to have witness's tampered with. Where as MS is just up there telling his side. I would love to know if MS gave a statement when arrested and if so can that corroborate with his testimony, and show he did not make this all up to correspond with disclosure and the trial.

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.

 

[andreww]

Still a thousand questions...still days on the stand for MS. i guess we will see how he holds up in cross, especially with the crown. I imagine Pillay will have to tread carefully, but as has been mentioned, he will convey DM's defense and blame game through his cross of MS. However, the disadvantage to that IMO is the letters, it is already clear with the Jury that DM was concocting a story and trying to have witness's tampered with. Where as MS is just up there telling his side. I would love to know if MS gave a statement when arrested and if so can that corroborate with his testimony, and show he did not make this all up to correspond with disclosure and the trial.

IMO you don't have to believe either of them. Phone and text records, MMs testimony and the letters tell you all you need to know. Why get distracted by a guy thats only out to save his own skin?

 

[EspressoBean]

I know what it was, a man purse. One of them would have noticed it just like IT did.

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.

 

[Inspector_North]

a few things I'm having some trouble with..the toolbox testimony is just not Jiving with Daley's testimony..that it was Smich's gun that was in the toolbox and that MS told him that. I am also having difficulty believing that he never told Daley what happened, if the events occurred like this then why would you not confide this to your friend? Surely it would have helped MS if Daley had testified also that Smich told him DM was the one that shot TB. Why did he not give this statement to police after his arrest and why did Dungey not seek bail and make a deal with the crown if this is what happened. They must have got disclosure and it would have shown that there was not much physical evidence against Smich.

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