Bosma Murder Trial 05.16.16 - Day 49

[ArianeEmory]

(Will the judge let Sachak do this indefinitely?)

 

[SnooperDuper]

molly hayes ‏@mollyhayes 2m2 minutes ago
Smich says he doesn't really recall. Says star light, moon light. Sachak doesn't care about that. #Bosma

Lisa Hepfner ‏@HefCHCHNews 2m2 minutes ago
"Oakville's a town, not a city," Smich says. Doesn't recall if he saw town lights when burying gun. Or how far he was from a road. #Bosma

Susan Clairmont ‏@susanclairmont 3m3 minutes ago
Smich says "not really. Star light. Moon light maybe...I don't really recall." Sachak asks if a road nearby? Smich sighs. "I don't recall."

Peter Akman ‏@PeterAkmanCTV 2m2 minutes ago
Is there a road? Street lights? City lights? Trees? Hills? Boulder? Long grass? "I don't recall." #Smich #Bosma @CTVNews

Lisa Hepfner ‏@HefCHCHNews 2m2 minutes ago
Smich doesn't recall if he had to ride over boulders or grass. "Usually in Oakville the city takes pretty good care of it..."

Susan Clairmont ‏@susanclairmont 2m2 minutes ago
Smich says "Oakville usually takes pretty good care of the area," he says of area around forest that he can't remember.

 

[Typhoo1961]

(Will the judge let Sachak do this indefinitely?)

Hopefully not. Sounds to me like DM just wants his gun back.

 

[EspressoBean]

Ummmm, I'd bury the gun no matter if I was the one who actually pulled the trigger as well. At that point, he was probably just trying to cover BOTH of their tracks, not just his own. There's no way I'd want to be caught with a gun used in a murder even if I didn't pull the trigger.

Am I alone in that?

I agree. MS had a criminal history - he was known to police, high school drop out. He was somehow involved the night that a man was murdered. He handled the gun and had photos of himself with the gun. I don't believe that hiding the gun would be any way to gauge the truth in his story or make a judgment about who pulled the trigger. I don't think him producing the gun now would help him in any way even if he was not guilty. jmo

 

[Velma]

Smich says he doesn't recall if he was wearing gloves.
by Adam Carter 12:05 PM

Sachak says Smich is telling "the truth" using air quotes in front of the jury.
by Adam Carter 12:06 PM

Sachak asks Smich if he had a black backpack. He says I don't think so.
by Adam Carter 12:06 PM

Sachak says he might have, and Smich again says he doesn't think so.
by Adam Carter 12:07 PM

 

[Typhoo1961]

Sachak asks Smich if he had a black backpack. He says I don't think so.
by Adam Carter 12:06 PM

Sachak says he might have, and Smich again says he doesn't think so.
by Adam Carter 12:07 PM

Could have been a dark blue backpack.

 

[spanishshara]

I agree. MS had a criminal history - he was known to police, high school drop out. He was somehow involved the night that a man was murdered. He handled the gun and had photos of himself with the gun. I don't believe that hiding the gun would be any way to gauge the truth in his story or make a judgment about who pulled the trigger. I don't think him producing the gun now would help him in any way even if he was not guilty. jmo

Agreed. His testimony/cross isn't enough to really prove or indicate that DM didn't kill Bosma. Knowing MS past and history, I can actually see why he wanted rid of the gun. And he probably thought that would help him with LE in some way.

 

[Jug Up]

Ummmm, I'd bury the gun no matter if I was the one who actually pulled the trigger as well. At that point, he was probably just trying to cover BOTH of their tracks, not just his own. There's no way I'd want to be caught with a gun used in a murder even if I didn't pull the trigger.

Am I alone in that?

Not alone at all. I would hide it either way.

I do think, however, that MS is hiding something here, and that he pulled the trigger. I mean, why is he saying he forgets where he hid the gun? To protect DM?

I think we all know the answer to that question. He's already thrown DM under the bus.

 

[SnooperDuper]

molly hayes ‏@mollyhayes 5m5 minutes ago
Sachak asks him if he had to go up/down hills. Smich sighs heavily. Sachak asks if there's grass, or if it was short or long. #Bosma

molly hayes ‏@mollyhayes 5m5 minutes ago
Smich says town of Oakville workers keep the grass pretty well cut. #Bosma

Lisa Hepfner ‏@HefCHCHNews 7m7 minutes ago
It's not a forest if it's got a playground, Smich says. Did he see wildlife? Bears or deers? No.

Peter Akman ‏@PeterAkmanCTV 7m7 minutes ago
"Is it in the forest... like a jungle." Millard's lawyer to Smich. #Bosma @CTVNews

molly hayes ‏@mollyhayes 7m7 minutes ago
Sachak asks if there was a park or playground. Smich says no it was a forest. #Bosma

Susan Clairmont ‏@susanclairmont 7m7 minutes ago
Sachak: "Did you see any wildlife in this forest? Bear, deer, anything like that?" Smich says no. Says his spade was "average sized."

 

[Velma]

"Is this some gun burial induced amnesia, you seem to have forgotten every detail except it's buried in some magical forest," Sachak says.
by Adam Carter 12:08 PM

Ooh, we hadn't considered the possibility of a *magical* forest, thanks Sachak!

Smich says he wouldn't say amnesia. "I'm not sure exactly what word to use. I'd say considering the circumstances it was difficult times."
by Adam Carter 12:09 PM

 

[Ontario Mom]

MS remembered everything DM did the night of the 6th and morning of the 7th. He even remembered giving MM a hug when he picked her up. And this was immediately after the horror night, an all nighter where he claimed to collapse once home.
MM remembered everything Daly told him.
MS remembered everything about the moment he received the toolbox from Arthur
MS remembered where the gun was in the garage, and that he wrapped it.

Too much of a memory loss the moment he decided to bury it for me to accept as truth.

MOO

While it does sound convenient, the only reason it sounds believable to me is because I have actually had (technically I guess I still have it) what is called dissociative or psychogenic amnesia after a traumatic event. There is about 8 months of my life that I cannot recall certain details of. I have absolutely zero memory of some huge things that happened (like me driving across 3 states over a matter of 4 days) and who else was there, where I stayed, etc. Some things I do remember (like attending a birthday party) while other things are just a complete blank to me. I've come to terms with it only after studying it but truth be told, the memory is a very strange thing.

 

[Juballee]

Why would you think that? No doubt DM had already wiped it before wrapping it in cloth and putting it in the toolbox so no one would expect his fingerprints to be on it. He also washed the satchel that MS claims he put it in. Why would he have done that? MS may have played around with and touched the gun, including he trigger, when he got it, but apparently Arthur was there to vouch for him about his surprise when he first saw it. I suppose if it was necessary, putting Arthur on the stand was an option?

I think he's lying about the gun because he was under surveillance that week. How did the LE officers in charge of his surveillance miss him leaving Speers and heading over to his mother's place? And how did his mother or sister miss the fact that he was out in the garage wrapping up a gun in a shopping bag?

His sister told him to get "everything" out of the house. Did she also assist him in getting everything out of the house? Is he covering for someone he loves very much here?

There is no other reason why he shouldn't have helped LE locate that gun if he could have. No one would expect the shooter's prints or victim's DNA to still be on it after all it went through IMO.

MOO

If DM wiped it of prints, which is a fair supposition, how would MS's prints have gotten back on it? He doesn't mention playing with it after the crime. That's no excuse for not bringing it forward now.

 

[Inspector_North]

Not alone at all. I would hide it either way.

I do think, however, that MS is hiding something here, and that he pulled the trigger. I mean, why is he saying he forgets where he hid the gun? To protect DM?

I think we all know the answer to that question. He's already thrown DM under the bus.

But can't remember where he parked the bus.

MOO

 

[SnooperDuper]

Alex Pierson ‏@AlexpiersonAMP 7m7 minutes ago
Smich doesn't remember trees, boulders, grass. How deep the hole was. How long he dug. How big the spade was. "I was shocked" @AM900CHML

molly hayes ‏@mollyhayes 7m7 minutes ago
Moving onto the burying itself. Sachak asks how deep he dug, for how long. He doesn't know, because of the shock/paranoia. #Bosma

Lisa Hepfner ‏@HefCHCHNews 7m7 minutes ago
How deep did he dig? Not exactly sure. How long were you digging for? Not sure "the stress, the panic, the shock." Smich repeats.

Peter Akman ‏@PeterAkmanCTV 7m7 minutes ago
"I don't recall, the stress, the panic the shock, everything I was under." Smich's answer to every single question about gun #Bosma @CTVNews

molly hayes ‏@mollyhayes 7m7 minutes ago
Sachak asks him again how many seconds he was digging for. He doesn't recall. #Bosma

Lisa Hepfner ‏@HefCHCHNews 7m7 minutes ago
"I was panicked, I was shocked, I was paranoid. If you ask the same question I'll give the same answer," Smich says.

 

[SnooperDuper]

Shannon Martin ‏@ShannonMartinTV 8m8 minutes ago Toronto, Ontario
Millard lawyer: Did you see any city lights? Any bears? Any animals? A strategy perhaps to trip Smich up on the stand #Bosma #HamOnt

molly hayes ‏@mollyhayes 7m7 minutes ago
Sachak asks if it was a big hole big enough to bury a body, or a tiny hole for worms.

Smich says a small hole. #Bosma

molly hayes ‏@mollyhayes 7m7 minutes ago
Sachak asks if he was wearing gloves. He says he doesn't recall. #Bosma

Susan Clairmont ‏@susanclairmont 7m7 minutes ago
Can't recall how deep dug. "I was panicked, I was shocked, I was paranoid. If you ask me the question again I'll give you the same answer."

Alex Pierson ‏@AlexpiersonAMP 7m7 minutes ago
Sachak openly mocking Smich about how paranoid/shocked he was. Asks if "tiny worms" were coming out when he was digging. @AM900CHML

molly hayes ‏@mollyhayes 7m7 minutes ago
Smich says what he does recall is the bag, the tape, going out biking and having the gardening tool. Gloves he doesn't remember. #Bosma

 

[SnooperDuper]

Lisa Hepfner ‏@HefCHCHNews 7m7 minutes ago
Hole was "relatively small," he says. He doesn't think he was wearing gloves. Stuff I do remember: plastic bag, tape, biking with spade.

Peter Akman ‏@PeterAkmanCTV 7m7 minutes ago
Millard's lawyer mocking #Smich about him not recalling anything. Over and Over and Over again... #Bosma @CTVNews

Shannon Martin ‏@ShannonMartinTV 7m7 minutes ago Toronto, Ontario
Smich so far hasn't appeared ruffled. He maintains the same tone, repeats the same phrase. No recollection. Panicked. Paranoid. #Bosma

Susan Clairmont ‏@susanclairmont 8m8 minutes ago
Smich annoyed, but maintaining composure. Does not think he wore gloves that night. "It's not likely, because I never mentioned it before."

molly hayes ‏@mollyhayes 8m8 minutes ago
He says he'd never mentioned gloves before so it's unlikely. #Bosma

Peter Akman ‏@PeterAkmanCTV 7m7 minutes ago
"I was telling the court the truth." Smich. "The truth, the story, whatever... but you never told this story in court." #Bosma @CTVNews

 

[spanishshara]

While it does sound convenient, the only reason it sounds believable to me is because I have actually had (technically I guess I still have it) what is called dissociative or psychogenic amnesia after a traumatic event. There is about 8 months of my life that I cannot recall certain details of. I have absolutely zero memory of some huge things that happened (like me driving across 3 states over a matter of 4 days) and who else was there, where I stayed, etc. Some things I do remember (like attending a birthday party) while other things are just a complete blank to me. I've come to terms with it only after studying it but truth be told, the memory is a very strange thing.

Yes it's fairly common in psychology and how the brain responds to crisis and trauma. Especially how your amygdala processes traumatic experiences and memory. Hence why I could actually understand aspects of Smich's memory problems. I mean, I believe he knows way more and where the gun is but at the same time there may be aspects he genuinely doesn't remember. It's such a mess either way.

 

[SnooperDuper]

Susan Clairmont ‏@susanclairmont 7m7 minutes ago
Sachak refers to last week when Smich was telling the court his "story." "I was telling the court the truth," says Smich. #Bosma

Lisa Hepfner ‏@HefCHCHNews 7m7 minutes ago
Sachak says Smich has never told this story before. Smich says he did last week "The truth," not a story, he protests. #TimBosma

Colin Butler ‏@ColinButlerCBC 7m7 minutes ago
Smich used that answer when asked if he was wearing gloves, if it was near a park, etc, etc. #TimBosma

Susan Clairmont ‏@susanclairmont 7m7 minutes ago
Smich says he told Marlena he put gun in bag and buried it in forest. Sachak asks if there was a backpack. Smich doesn't remember.

molly hayes ‏@mollyhayes 7m7 minutes ago
Sachak asks if he had a black backpack in the forest with him. He says he doesn't think so, no. #Bosma

Lisa Hepfner ‏@HefCHCHNews 7m7 minutes ago
What about a black backpack? Did he have that in the forest with him? Smich doesn't think so.Under panic and stress of all he was going thru

 

[Velma]

Sachak asks if he was worried kids might find the gun. "I buried it somewhere I can't find it and no one else will find it," Smich says.
by Adam Carter 12:10 PM

He was so stoned/drunk that he remembers nearly nothing of the night, but he had enough clarity in that state of mind to be damned sure it was a good burial spot? If he was as inebriated as he says he was, how does he know that the burial spot was so secure? I'm calling shenanigans.

"You know if the gun was found, it very well could have proved your innocence, right?" Sachak says. "That's correct," Smich says.
by Adam Carter 12:12 PM

Sachak says the gun is "secreted" somewhere.
by Adam Carter 12:12 PM

Sachak asks if Smich camped out in the forest that night and roasted Marshmallows. "No I didn't bring any marshmallows with me," Smich says.
by Adam Carter 12:13 PM

 

[SnooperDuper]

molly hayes ‏@mollyhayes 6m6 minutes ago
Sachak asks again if he had a backpack. Smich: "to my recollection and since I never said it before, I'd have to answer no. It's unlikely."

Lisa Hepfner ‏@HefCHCHNews 6m6 minutes ago
Did you have a backpack on you? Sachak asks again. "To my recollection, since I never said it before, I'd have to say no. Unlikely," Smich

molly hayes ‏@mollyhayes 6m6 minutes ago
Sachak suggests that it's like Smich had amnesia, forgets everything except this magical forest. #Bosma

Susan Clairmont ‏@susanclairmont 6m6 minutes ago
Smich, when pushed, says "no" he didn't have backpack. Sachak asks if he has "amnesia about what happened that night."

Peter Akman ‏@PeterAkmanCTV 6m6 minutes ago
"Is this gun burial induced amnesia?" Millard's lawyer to Smich. #MOCKING #Bosma @CTVNews

Lisa Hepfner ‏@HefCHCHNews 6m6 minutes ago
Sachak asks if it was a magical forest that gave him amnesia that night. Mock's Smich's "shock, stress, panic" line. Judge admonishes him.