Bosma Murder Trial 05.12.16 - Day 48

[brightii]

Perhaps. I don't know that one news source calling the house would necessarily make him think he was under surveillance. A media source found out they were friends and were calling to get a scoop on DM, would be my main thought. I think that he might have thought if LE was on to him they would have approached and questioned him by that point and we have not heard that police tried to get him to give a statement as they did with other witnesses. I don't think he and MM acted as two people who really believed they were under actual surveillance. jmo

MS was involved in the crime, IMO, present and assisting after the murder at the very least, IMO, and he would likely have known too that others were being questioned by LE after DM's arrest, IMO, and MS must have been worried that it was just a matter of time before LE showed up for him, IMO. MS and MM even left his home to lie low, and IMO that was to evade LE. When his sister freaked out after media contacted her, I imagine MS was pretty convinced by that news, that LE too would be on his tail and were likely following him to see what he was doing, IMO. That's why I think it unlikely that he would go out alone at night with that gun, the murder weapon on his person, IMO. He would not want to have risked being arrested with it on him, IMO.

I think the gun was either sold or MS buried it somewhere near his sister's wedding, IMO. Whatever happened to the gun, I believe MS knows where it is and is simply not wiling to tell, IMO.

All MOO.

 

[canadiangirl]

I agree. And wouldn't it have been easier just to sell the weed? I would like to think there are a lot more buyers for that than a gun. Even at severely discounted prices, that backpack of weed had to be worth some money.

Excellent point. He wanted money so bad, he had a backpack FULL of drugs. Surely that is something he could've moved quickly for his lawyers fees.
Again, doesn't add up.

 

[Juballee]

$100 isn't going to get you inside most lawyer's offices......just saying.....can't see much point in selling something worth $1000 (was this the price?) for peanuts that wouldn't get him any further ahead......I'm back on the fence about MS's truthfulness (totally believe he's lying about the gun...but I can see why he didn't sell it for $100. MOO

Many, if not most, lawyers give a free initial consultation, and any lawyer can be retained for as little as $1, (I'm remembering Saul Goodman from Breaking Bad). The idea that he didn't come clean because he didn't have money for a lawyer is bull. He had a lawyer after he was arrested, no one says where that money came from. And he still didn't come clean then.

This is nothing but a last ditch effort by a desperate attorney who knows his client is going to be found guilty anyway. So far I haven't seen anything that could account for a mistrial or a reasonable appeal, so perhaps with his testifying he will say something that will give a reason for appeal later.

 

[Inspector_North]

As a few posters said a little further up, did DM have this gun prior to TB's murder? Possibly was used in another murder? LB perhaps?
Maybe MS is more responsible then he says. His prints are likely on it. If it's gone, there's no proof of this though. Lots of reasons why the gun should disappear IMO

I thought he bought this gun from MWJ in Feb 2013.

MOO

 

[RandomName479]

Excellent point. He wanted money so bad, he had a backpack FULL of drugs. Surely that is something he could've moved quickly for his lawyers fees.
Again, doesn't add up.

molly hayes ‏@mollyhayes 1h1 hour ago
Smich says Daly did call a friend who came over, but he didn't have enough money. Bought a bit of weed and left. #Bosma

maybe he did sell the weed? He testified that he was selling drugs....we don't know (and I'm not sure it's legal for anyone to ask the witness) how he is funding his defense......I don't see this part as odd as him not remembering where the gun is. We'll see how he holds up on cross. MOO

 

[EspressoBean]

MS was involved in the crime, IMO, present and assisting after the murder at the very least, IMO, and he would likely have known too that others were being questioned by LE after DM's arrest, IMO, and MS must have been worried that it was just a matter of time before LE showed up for him, IMO. MS and MM even left his home to lie low, and IMO that was to evade LE. When his sister freaked out after media contacted her, I imagine MS was pretty convinced by that news, that LE too would be on his tail and were likely following him to see what he was doing, IMO. That's why I think it unlikely that he would go out alone at night with that gun, the murder weapon on his person, IMO. He would not want to have risked being arrested with it on him, IMO.

I think the gun was either sold or MS buried it somewhere near his sister's wedding, IMO. Whatever happened to the gun, I believe MS knows where it is and is simply not wiling to tell, IMO.

All MOO.

I don't think he was thinking that clearly or that far ahead. jmo

 

[JuneBug67]

It would be to his advantage to hide the gun if he was the one who used the gun to shoot Tim. He could never be sure he got all his prints off, all traces of DNA from having sweaty palms, or that he didn't leave a skin cell on it. If the gun was found, MWJ could conclusively say which gun he sold to adman and which he sold to MS. Those are good reasons why he wouldn't want the gun found.

If, on the other hand, he was telling the truth that it was DM's gun and that he was the shooter, he would actually have those same good reasons to allow the gun to be found. Add to that the fact that the goodwill involved in taking LE to the gun would probably make him look better, or at least more believable, I agree on that. If he is telling the truth, there is no reason for him not to lead LE to the gun. To me it's just another hole in his story.

He has acknowledged handling the gun so any print or DNA evidence on it is irrelevant. If it was a different gun than the gun presented in photos in court that would be a motivation to continue to conceal it, I agree. But the only evidence we have for that is a statement from BD that might have been lost in translation between he and MS. Bottom line is that we can probably universally agree that this hurts MS's credibility generally and potentially significantly. As such, it either has to be that he's saddled with this inconvenient truth or the lie has to be worth it even in this very high stakes situation. What happens on cross could either make this one more questionable fact in a sea of credibility problems, an eternal mystery in another otherwise believable presentation or just part of a general mixed bag of the credible and the incredible. Time is the only thing that will tell.

 

[SuperSpy]

Under what part of the criminal code?

"was planned and deliberate" https://en.wikipedia.org/wiki/Murder_(Canadian_law)

If MS knew DM brought the gun and they texted about fireworks, fireside chairs and sausages, he is getting 1st degree.

 

[RandomName479]

Many, if not most, lawyers give a free initial consultation, and any lawyer can be retained for as little as $1, (I'm remembering Saul Goodman from Breaking Bad). The idea that he didn't come clean because he didn't have money for a lawyer is bull. He had a lawyer after he was arrested, no one says where that money came from. And he still didn't come clean then.

This is nothing but a last ditch effort by a desperate attorney who knows his client is going to be found guilty anyway. So far I haven't seen anything that could account for a mistrial or a reasonable appeal, so perhaps with his testifying he will say something that will give a reason for appeal later.

BBM - it is possible. The Crown's case was/is much more solid against DM......I don't think MS had anything to lose by taking the stand. While you may not see anything that could account for a mistrial/etc, many people are seeing some reasonable doubt.....and this could create discussion amongst the jury for a lesser charge.....even though I'm not sure I believe parts of his story, MS taking the stand has not hurt him in any way.....MOO

 

[Arnie M]

I've read that defense will cross and then the Crown. I'm surprised TD made that mistake....interesting that MS caught it....doubt it was a planned thing....something is making me think TD was off his game today.....the mic drop moment with CN (the you deserve each other thing) and even yesterday pointing out that TB meant everything to HIS family when MS claimed he didn't go to the police because he wanted to go to his sister's wedding and his family meant everything to them....he was almost antagonistic with MS.....at least pointing out what the rest of us were thinking.... today's testimony did MS no favours and IMO was not a strong closing by TD,....something seems off....

I agree ..... "something seems off" today .... I hope TD's health is OK , he is apparently a heavy smoker and not so young any more , and considering all the stress he must be under it could take its toll .... he appears to be a guy who puts his whole heart into his work

 

[EspressoBean]

"was planned and deliberate" https://en.wikipedia.org/wiki/Murder_(Canadian_law)

If MS knew DM brought the gun and they texted about fireworks, fireside chairs and sausages, he is getting 1st degree.

That is planned and deliberate. Those texts are speculative but that's not what was being questioned.
You said that if he knew that DM had a gun, that he was 100% getting first degree and I'm missing where that fits in the criminal code.

DM owned a gun. He knew that. DM may have had his gun with him most of the time. MS knowing that he had a gun with him wouldn't be evidence to get him first degree. moo

 

[SuperSpy]

It doesn't matter what MS said happened to the gun, he knows where it is. And he is not telling. As far as I am concerned he is covering up for something or someone. His credibility just took a huge nose dive. He is no better than the rest.

I also don't believe he didn't know that DM was carrying the gun. He knew DM owned at least one gun. Wouldn't you ask either during the planning or on the ride over ?

Did DM carry a gun on other missions ? MS said that nobody had ever been hurt on other missions. He didn't say that DM didn't carry on those missions. Big difference.

Can't wait for cross examination on this.

 

[Crimeinthe6ix]

molly hayes ‏@mollyhayes 1h1 hour ago
Smich says Daly did call a friend who came over, but he didn't have enough money. Bought a bit of weed and left. #Bosma

maybe he did sell the weed? He testified that he was selling drugs....we don't know (and I'm not sure it's legal for anyone to ask the witness) how he is funding his defense......I don't see this part as odd as him not remembering where the gun is. We'll see how he holds up on cross. MOO

if the guy who came to buy the gun didnt have the $1000 they were looking for he wouldn't have enough to buy much weed really. The bag was probably full of over a pound which would sell for more than the gun. If he had a couple hundred bucks he probably got an ounce or so of weed.

 

[Arnie M]

.

Another thing that stands out for me is all the people around MS who knew he had the gun .... check the court tweets today .... for someone who wanted no association with the gun there were sure a lot of people who knew he had it

 

[EspressoBean]

Many, if not most, lawyers give a free initial consultation, and any lawyer can be retained for as little as $1, (I'm remembering Saul Goodman from Breaking Bad). The idea that he didn't come clean because he didn't have money for a lawyer is bull. He had a lawyer after he was arrested, no one says where that money came from. And he still didn't come clean then.

This is nothing but a last ditch effort by a desperate attorney who knows his client is going to be found guilty anyway. So far I haven't seen anything that could account for a mistrial or a reasonable appeal, so perhaps with his testifying he will say something that will give a reason for appeal later.

We are in agreement that Breaking Bad is fictional TV show, right? It also is set in the US and Canada's legal system isn't the same.
But you are right in that you can get a free consult with a lawyer. MS was not new to the criminal system, although I am guessing that he might have just been assigned Duty Counsel for previous crimes but I think he realized that he needed something more than a consult. jmo

 

[DMB]

Exactly, why wouldn't he want the gun to be found and he has admitted to touching it so his fingerprints would on it, without it he looks like a liar! LE has a pretty good picture of when and where he has been and the small window of opportunity for him to dispose of it, if it could have been found it would have. Here's a link to what this creek looks like for those who think you can find a dent and look under it!
https://www.google.ca/maps/@43.4522...PNB5uu0IJe8jFYwHy=w203-h194!7i864!8i828?hl=en

 

[SuperSpy]

I wish witnesses would just tell the truth and we could get the trials over with. None of these witnesses are fooling anyone. So far everyone is clearly guilty. All they are doing is wasting time, ruining their credibility and giving the jury more incentive to find them guilty.

 

[Massasauga Rattler]

I've read that defense will cross and then the Crown. I'm surprised TD made that mistake....interesting that MS caught it....doubt it was a planned thing....something is making me think TD was off his game today.....the mic drop moment with CN (the you deserve each other thing) and even yesterday pointing out that TB meant everything to HIS family when MS claimed he didn't go to the police because he wanted to go to his sister's wedding and his family meant everything to them....he was almost antagonistic with MS.....at least pointing out what the rest of us were thinking.... today's testimony did MS no favours and IMO was not a strong closing by TD,....something seems off....

I really doubt this is the situation, but I wonder if TD put MS on the stand with the presumption or agreement, beforehand, that MS would acknowledge the location of the gun. Then maybe, last night, MS decided to change his mind. If this was the case, I wonder if TD could have said, "then you're own your own, cowboy, and we're gonna make this real short tomorrow morning"!

Just a wild thought.

 

[artek]

Today's testimony only further reconfirms what a low life MS is. They all are.

Trying to make a quick buck off the murder weapon and now having a memory lapse.

Enjoy the rest of your life in jail, high school diploma and all.

 

[SuperSpy]

I really doubt this is the situation, but I wonder if TD put MS on the stand with the presumption or agreement, beforehand, that MS would acknowledge the location of the gun. Then maybe, last night, MS decided to change his mind. If this was the case, I wonder if TD could have said, "then you're own your own, cowboy, and we're gonna make this real short tomorrow morning"!

Just a wild thought.

I think MS's credibility would have gone way up if he now led investigators to where the gun was. That would have been huge ! I think that would have sealed a lesser charge for him. But... I bet there is a reason he "doesn't know" where the gun is. I'm also pretty sure he didn't bury it. Lets see the tools that he supposedly used to do the digging.