don_quixote
Active Member
- Joined
- Apr 28, 2016
- Messages
- 334
- Reaction score
- 41
RSBM and coloured by me....
I'm not taking a stance on whether Justice Goodman will allow DM to reopen his defense.....what I'm saying is that both the Crown and TD say this is not possible. The only way it is possible is if MS has testified to new evidence....and from your list, the only thing I can see as "new" is that MS is saying DM was alone in shooting and burning of the body. The rest of your list was already presented by the Crown. MOO.
I'm not saying that there all this is new new. But in many instances it completes the evidence by a first hand account, places people into times and locations, matches evidence with people.
1. actually not certain if the Crown is going for 1st degree because of premeditation or forcible confinement.... Yes, not certain. So MS's words will be weighed against Crown's proof
2. the Crown never once claimed there was a third person There is a difference between not claiming that there was a 3rd person and claiming that there was no 3rd person
3. Crown never said TB was restrained They didn't, but if they do, them MS's testimony may influence his participation in forcible confinement, and 1st degree charge
4. new detail...but still fits with the Crown's theory.... Sure. And it will help to convict DM. A theory is a theory. Evidence is evidence.
5. Crown actually presented evidence FOR this Ok, I should reformulate. That the shot was fired during the test drive. Otherwise, the GSR may have been there from before. Or, a blank shot was fired, or gunpowder was burnt.
6. Crown also presented evidence for this Not sure they ever presented evidence who was in the truck when the shooting happened. And that there was anybody at all in the truck besides Tim Bosma. The shooting could have been fired from outside.
7. not new - this was the Crown's claim all along There is only evidence of blood loss. Again, not certain if it was DM, MS, or anybody else there at the time.
9. Crown has always said this, right from the opening statement They claimed it, but one would have to make a leap of faith to believe that. They gave evidence that Tim Bosma got into the truck with them, then there was a blood letting event, then there were male ashes.
10. also Crown has presented evidence of this (texts between DM and One of the Matthew's) Who knows who sent those messages. It is a solid confirmation of the claim. And was there any evidence that the deal went through?
11. Crown said both were responsible.....so I see this like number 8....could be new info. It's not up to the Crown to decide who is responsible and who is not. I think this is more technical, but it stops the possible claims that he may have been alive and then somebody killed him in the incinerator.
12. Crown presented evidence of this Yes, there was stuff burnt, but who knows who burnt what? Now there is a 1st hand account of that. Completes the evidence, connects them to the other evidence.