Bosma Murder Trial 05.16.16 - Day 49

[SnooperDuper]

molly hayes ‏@mollyhayes 13m13 minutes ago
Smich agrees it was a deliberate, conscious decision to bury it. "Under the shock, stress, paranoia I was feeling, I made the decision, yes"

Lisa Hepfner ‏@HefCHCHNews 13m13 minutes ago
"Shock, stress, paranoia I was feeling, yes, I made the decision." Smich agrees. Sachak repeats question in different ways.

Susan Clairmont ‏@susanclairmont 13m13 minutes ago
Smich agrees he deliberately and consciously decided to bury gun. "Under the stress and shock," says Smich. "We did drink that night."

molly hayes ‏@mollyhayes 13m13 minutes ago
Sachak suggests he was not asleep or stoned at the time. Smich says he did drink, smoke that day. #Bosma

Shannon Martin ‏@ShannonMartinTV 14m14 minutes ago Toronto, Ontario
Millard's lawyer: You were not stoned on marijuana or drugs when you buried it? Smich: We drank during the day, we smoked #Bosma #HamOnt

Lisa Hepfner ‏@HefCHCHNews 14m14 minutes ago
Smich says he drank that night, smoked weed the day he buried the gun. "You were not stoned," Sachak says.

 

[Kamille]

"You had the opportunity to bring some peace to the Bosma family," Sachak says about the gun.
by Adam Carter 10:59 AM

Great drama question, but the fact that according to MS, DM wiped the phone down. And when he received the gun (according to his story), it was wrapped in a cloth. 99% chance it was wiped down. Only thing it would show is MS did bury it, and it was the gun that fired the spent casing.

MOO

Which is why it's so odd that MS won't give up the location. Anything on it is easily explained away. And why I personally don't think it's buried in the forest somewhere.

Actually, he would have been better off just giving them a general location where he went in. LE could search for years and never find it. But that doesn't prove he lied about where he went in to the forest to bury it.

MOO

 

[MsSherlock]

This could be a very long cross examination. However, I am impressed at how collected MS appears to be coming thru in his answers via twitter. Sachak does have a way of getting on my nerves- MOO

 

[SnooperDuper]

Peter Akman ‏@PeterAkmanCTV 14m14 minutes ago
"We drank that day... we smoked that day..." Smich around time he buried the gun #Bosma @CTVNews

Alex Pierson ‏@AlexpiersonAMP 14m14 minutes ago
"It was buried by u. Not by Mr millard. That very gun may have 100 percent proof of who used it to shoot Bosma.And u buried it." @AM900CHML

Susan Clairmont ‏@susanclairmont 14m14 minutes ago
Smich says he also smoked weed that day. "I was drinking and smoking that day" he says when Sachak asks if he was stoned when buried gun.

Shannon Martin ‏@ShannonMartinTV 15m15 minutes ago Toronto, Ontario
Smich says he was 'under the influence' when he buried the gun. #Bosma #HamOnt

Lisa Hepfner ‏@HefCHCHNews 14m14 minutes ago
Smich says he was under the influence. Sachak says he knew what he was doing. Smich agrees. #Bosma

molly hayes ‏@mollyhayes 14m14 minutes ago
Sachak: "you knew what you were doing and that is taking a gun and putting it under the ground." Smich agrees. #Bosma

 

[ArianeEmory]

My computer cacked (God bless Windows 10) and I am now 12 minutes behind. I will catch up to Velma on break lol.

(No rush! I was just pointing it out because it seems odd for DM's defense to let the jury see MS looking so distraught and vulnerable right after the crime.)

 

[Typhoo1961]

Regardless of which one of these creeps shot Tim, knowing where the gun is or even having it tested to prove DNA/prints either way, how in the world would that bring peace to the Bosma family when nothing could bring Tim back?

Like I said before DM's defense team has NOTHING to go on.

 

[SnooperDuper]

Shannon Martin ‏@ShannonMartinTV 15m15 minutes ago Toronto, Ontario
Still, he knew what he was doing. #Bosma #HamOnt

Susan Clairmont ‏@susanclairmont 15m15 minutes ago
"You knew what you were doing," says Sachak. Smich agrees. #Bosma

Peter Akman ‏@PeterAkmanCTV 15m15 minutes ago
Millard's Lawyer "you knew what you were doing... you were not so drunk that you didn't know what you were doing." #Bosma @CTVNews

molly hayes ‏@mollyhayes 14m14 minutes ago
Smich says it has nothing to do with drugs or alcohol, but the "other feelings" he had at the time affected him more. #Bosma

Lisa Hepfner ‏@HefCHCHNews 15m15 minutes ago
"it's not about being drunk out of my mind, it was the other feelings I had that had nothing to do with drugs, alcohol. Shock and paranoia"

Alex Pierson ‏@AlexpiersonAMP 15m15 minutes ago
Smich says he was under influence. But knew what he was doing. Stoned and drunk. @AM900CHML

 

[Velma]

Sachak points out Smich says "I don't know" and not "I choose to remain silent. Smich says again that Sachak isn't showing the entirety of the video.
by Adam Carter 11:03 AM

Smich has said the gun is in a forest in Oakville.
by Adam Carter 11:04 AM

"You can't help us, whether it's in a bush or a ravine in Oakville, where the gun is?" Sachak asks. Again, Smich says he was in shock.
by Adam Carter 11:05 AM

Smich says the gun was in his mother's garage before he picked it up too cycle out and bury it.
by Adam Carter 11:06 AM

"It was in the washing machine where your mother lived, who was recovering from cancer," Sachak says. "She had recovered by then," Smich says.
by Adam Carter 11:07 AM

He says it was a "stupid idea."
by Adam Carter 11:07 AM

 

[SnooperDuper]

Susan Clairmont ‏@susanclairmont 15m15 minutes ago
"It was the other feelings I had that had nothing to do with the influence of drugs or alcohol."

Susan Clairmont ‏@susanclairmont 14m14 minutes ago
"The extreme shock and paranoia...would have affected me more."

molly hayes ‏@mollyhayes 14m14 minutes ago
Sachak says irrespective of whether he'd been drinking--

Smich asks him what "irrespective" means. #Bosma

Lisa Hepfner ‏@HefCHCHNews 15m15 minutes ago
"What does irrespective mean?" Smich asks Sachak to clarify. He agrees he knew he was burying the gun, regardless of intoxicants.

Susan Clairmont ‏@susanclairmont 14m14 minutes ago
Smich asks what "irrespective means." Smich: "I knew I was burying the gun that was used to shoot Mr. Bosma."

Shannon Martin ‏@ShannonMartinTV 14m14 minutes ago Toronto, Ontario
Smich: I knew I was burying the gun Millard used to shoot Mr. Bosma, yes #Bosma #HamOnt

 

[SnooperDuper]

molly hayes ‏@mollyhayes 14m14 minutes ago
He explains and Smich agrees he knew what he was doing.
"I was burying the gun that Millard used to shoot Mr Bosma, yes," Smich says. #Bosma

Lisa Hepfner ‏@HefCHCHNews 14m14 minutes ago
"I just said, I knew I was burying the gun. i was under the influence but also a lot of stress. I was paranoid. Shocked. Incredibly shocked"

Shannon Martin ‏@ShannonMartinTV 14m14 minutes ago Toronto, Ontario
Smich repeats: I was paranoid, I was shocked, incredibly shocked. Of course I knew I was burying the gun. #Bosma #HamOnt

Susan Clairmont ‏@susanclairmont 14m14 minutes ago
"I was paranoid. I was shocked. Incredibly shocked. Those are the feeling I had at the time," says Smich..We're going to watch police video.

Alex Pierson ‏@AlexpiersonAMP 14m14 minutes ago
Sachak; "you knew what you were doing?" MS. "Yes, I knew I was burying the gun that Millard used to shoot Mr.Bosma" @AM900CHML

Lisa Hepfner ‏@HefCHCHNews 15m15 minutes ago
Lets watch the video of what you told police, Sachak says. #Bosma

 

[spanishshara]

IMO Smich knows where the gun is. At the very least the general area. But obviously it's in his benefit to say otherwise. It's too bad because the fingerprints and experts may be able to determine a lot from that. It would be interesting to see if there would be any conclusive evidence as to who killed Tim because there could be all sorts of fingerprints on that gun IMO.

I don't think Pillay has much to fall back on. And obviously he knows he his team has to be careful not to implicate DM further.

 

[SnooperDuper]

molly hayes ‏@mollyhayes 15m15 minutes ago
Sachak says "let's watch the video...and what you told police on 4 separate occasions when you were asked...where is that gun." #Bosma

Lisa Hepfner ‏@HefCHCHNews 15m15 minutes ago
Video from May 22, the day Smich was arrested. #Bosma

molly hayes ‏@mollyhayes 14m14 minutes ago
This is Smich's videotaped intvu with police on May 22, 2013 upon his arrest. #Bosma

Colin Butler ‏@ColinButlerCBC 15m15 minutes ago
Jury to now see police interrogation of Mark Smich. #Bosma

Alex Pierson ‏@AlexpiersonAMP 15m15 minutes ago
Jury now seeing video police statement of Smich. May 22 @AM900CHML

Susan Clairmont ‏@susanclairmont 15m15 minutes ago
May 22, 2013 at 11:06 p.m. Smich's video statement to police. On screens. With Staff Sgt. Matt Kavanagh. Smich is corner of interview room.

 

[SnooperDuper]

Lisa Hepfner ‏@HefCHCHNews 15m15 minutes ago
Smich is covered in a white blanket, wearing his grey hoodie in the video. Looking askance. Det. Matt Kavanagh is interviewing him.

Shannon Martin ‏@ShannonMartinTV 15m15 minutes ago Toronto, Ontario
Millard's lawyer is about to show the court a video, of Smich being interviewed by police. #Bosma #HamOnt

Peter Akman ‏@PeterAkmanCTV 15m15 minutes ago
Watching Smich police interview. He doesn't look like the prep he does now in court. Shaved head, baggy clothes and hoody. #Bosma @CTVNews

molly hayes ‏@mollyhayes 15m15 minutes ago
We can see Hamilton Police Det. Sgt. Matt Kavanagh sitting across from Smich. #Bosma

Lisa Hepfner ‏@HefCHCHNews 14m14 minutes ago
Smich says Kavanagh wasn't completely respectful, or disrespectful. Smich says he understands det. was doing his job.

Susan Clairmont ‏@susanclairmont 15m15 minutes ago
"I wouldn't say he was pretty respectful. It was a disgusting situation," says Smich of way Kavanagh treated him during interview. #Bosma

 

[Velma]

Smich says he has "some recollection" or taking the gun out of the washing machine it was in, and taping it in a shopping bag.
by Adam Carter 11:08 AM

Sachak asks why he taped it up. Smich says he wasn't thinking at that time.
by Adam Carter 11:09 AM

"Were you planning to stick it on the wall?" Sachak asks. "Were you planning to take it to a university or a college and say this is what a gun looks like when it was taped?"
by Adam Carter 11:10 AM

 

[SnooperDuper]

Colin Butler ‏@ColinButlerCBC 14m14 minutes ago
Smich says the policeman who interrogated him wasn't disrespectful but wasn't respectful either. "He was doing his job," Smich says.

Lisa Hepfner ‏@HefCHCHNews 15m15 minutes ago
"He raised his voice at me, but he was doing his job, I'm not going to say he was respectful or disrespectful," Smich says.

Susan Clairmont ‏@susanclairmont 15m15 minutes ago
"He raised his voice at me. So that wasn't respectful. But he was doing his job. Under the circumstances I appreciate what he was doing."

molly hayes ‏@mollyhayes 15m15 minutes ago
Sachak suggests Kavanagh was respectful. Smich says "he was doing his job and under the circumstances...I appreciate what he was doing."

molly hayes ‏@mollyhayes 15m15 minutes ago
Smich is wearing a grey hoodie and has a white sheet of some sort draped over his one shoulder. #Bosma

Shannon Martin ‏@ShannonMartinTV 15m15 minutes ago Toronto, Ontario
Interrogation video is from May 22, 2013. Smich is partially covered by a blanket. #Bosma #HamOnt

 

[SnooperDuper]

Alex Pierson ‏@AlexpiersonAMP 15m15 minutes ago
"The officer wasn't respectful or disrespectful. It was a disgusting situation. He raised his voice to me. " @AM900CHML

molly hayes ‏@mollyhayes 15m15 minutes ago
Kavanagh asks him where the gun is. He says it won't be there in 2 yrs, but you can point police to it now. #Bosma

Lisa Hepfner ‏@HefCHCHNews 15m15 minutes ago
Where is that gun right now, Mark? Kavanagh asks. It's not going to be there in two years. I have forensic officers who can test it now.

molly hayes ‏@mollyhayes 15m15 minutes ago
Kavanagh asks "if they can do fingerprint and DNA testing on that gun, will that help you?" Smich is silent. #Bosma

Shannon Martin ‏@ShannonMartinTV 15m15 minutes ago Toronto, Ontario
Police investigator in video tells a crying Smich he can have officers do forensics on the gun, 'will that help you?' Smich says nothing

Susan Clairmont ‏@susanclairmont 15m15 minutes ago
Kavanagh: "Where's that gun right now Mark?" Mark looking at wall. In hoodie, blanket over him.

 

[Typhoo1961]

"Were you planning to stick it on the wall?" Sachak asks. "Were you planning to take it to a university or a college and say this is what a gun looks like when it was taped?"
by Adam Carter 11:10 AM

Those have to be the 2 stupidest questions I've ever heard.

 

[spanishshara]

@PeterAkmanCTV [video=twitter;732227373723176960]https://twitter.com/PeterAkmanCTV/status/732227373723176960[/video] This round of questions is strange... not sure the point. Many smiles and uncomfortable laughs in court. #Bosma @CTVNews


Doesn't seem like it's going anywhere IMO. MS is doing fairly well so far.

 

[SnooperDuper]

Lisa Hepfner ‏@HefCHCHNews 15m15 minutes ago
If they can do DNA and fingerprint testing on that gun, would that help you Mark? Kavanagh asks him. Smich didn't answer.

molly hayes ‏@mollyhayes 15m15 minutes ago
Smich says now "like I said, I was advised of my right to remain silent." #Bosma

Shannon Martin ‏@ShannonMartinTV 15m15 minutes ago Toronto, Ontario
Smich tells the court he was 'advised to remain silent.' #Bosma #HamOnt

Peter Akman ‏@PeterAkmanCTV 15m15 minutes ago
During police interview - as Investigator spoke to him, Smich wouldn't look at him, looks like he is crying. #Bosma @CTVNews

Alex Pierson ‏@AlexpiersonAMP 15m15 minutes ago
In video. MS asked where gun is. And if the DNA and prints wld help him. He didn't answer. He had the right to remain silent. @AM900CHML

Susan Clairmont ‏@susanclairmont 15m15 minutes ago
"If they can do fingerprint testing and DNA testing on that gun right now Mark...will that help you?" Smich won't look at him or answer.

 

[MsSherlock]

Which is why it's so odd that MS won't give up the location. Anything on it is easily explained away. And why I personally don't think it's buried in the forest somewhere.

Actually, he would have been better off just giving them a general location where he went in. LE could search for years and never find it. But that doesn't prove he lied about where he went in to the forest to bury it.

MOO

IMHO, if MS had told LE where the gun was, he would be the only one on trial right now and DM would have gotten away with 3 murders.