Bosma Murder Trial 05.16.16 - Day 49

[Velma]

Smich is now being escorted to the witness box. His cross examination will now begin.
by Adam Carter 10:40 AM

Millard's Lawyer Nadir Sachak is doing the cross-examination.
by Adam Carter 10:40 AM

Sachak starts by putting up a photo that Marlena Meneses says is Smich holding a gun. "Please tell us, where is that gun," Sachak says.
by Adam Carter 10:41 AM

"Tell them now, where did you bury that gun," Pillay says. Smich says he doesn't know where it is, he was under stress, shock and was paranoid.
by Adam Carter 10:41 AM

 

[SnooperDuper]

molly hayes ‏@mollyhayes 1m1 minute ago
Nadir Sachak is up to begin cross-examination for Millard's defence team. #Bosma

Lisa Hepfner ‏@HefCHCHNews 56s57 seconds ago
Nadir Sachak says good morning. Picture of Smich holding gun on screen. We have seen this photo. "Please tell us, where is that gun?"

Susan Clairmont ‏@susanclairmont 48s49 seconds ago
Sachak represents Dellen Millard. So called "two finger gun" photo is on screens. Starts by asking "You don't know where that gun is?"

Peter Akman ‏@PeterAkmanCTV 48s49 seconds ago
#MarkSmich is at the stand.
The cross is beginning. #Bosma @CTVNews

molly hayes ‏@mollyhayes 1m1 minute ago
Sachak starts with a zoomed in photo of Smich holding a gun (the two finger gun photo). He asks Smich where that gun is. #Bosma

Lisa Hepfner ‏@HefCHCHNews 52s53 seconds ago
Smich says he doesn't know. "You buried that guy. There are three detectives I see. Tell them where did you bury that gun."

 

[brightii]

So sad. I'm crying too just hearing about this juror and her sad news.

 

[SnooperDuper]

Colin Butler ‏@ColinButlerCBC 43s44 seconds ago
Millard's lawyer Nadir Sachak begins his cross examination with the Walther PPK on the monitor. "Please tell us where you buried the gun"

Shannon Martin ‏@ShannonMartinTV 41s42 seconds ago Toronto, Ontario
Millard's lawyer opens: "Please tell us, where is this gun?" as he shows this photo to courtroom. #Bosma

molly hayes ‏@mollyhayes 1m1 minute ago
"Tell them now," he says to Smich, referencing detectives in the room. "Tell them where did you bury that gun." #Bosma

Susan Clairmont ‏@susanclairmont 1m1 minute ago
"You buried that gun. There are 3 detectives...tell them, where did you bury that gun." Smich: "I just don't know where it is."

Peter Akman ‏@PeterAkmanCTV 1m1 minute ago
First question: Where is the gun? #Smich "I don't know. I was under shock, stress at that time. I don't know where it is." @CTVNews

molly hayes ‏@mollyhayes 1m1 minute ago
Smich says he doesn't know. Says he was paranoid at the time, under stress. #Bosma

 

[littlesauce]

Smich is now being escorted to the witness box. His cross examination will now begin.
by Adam Carter 10:40 AM

Millard's Lawyer Nadir Sachak is doing the cross-examination.
by Adam Carter 10:40 AM

Sachak starts by putting up a photo that Marlena Meneses says is Smich holding a gun. "Please tell us, where is that gun," Sachak says.
by Adam Carter 10:41 AM

"Tell them now, where did you bury that gun," Pillay says. Smich says he doesn't know where it is, he was under stress, shock and was paranoid.
by Adam Carter 10:41 AM

Straight to the point lol

 

[SnooperDuper]

Alex Pierson ‏@AlexpiersonAMP 2m2 minutes ago
"Tell us where that gun is. Three det are here. Tell them where it is." Smich-"I don't know where it is" @AM900CHML

Lisa Hepfner ‏@HefCHCHNews 2m2 minutes ago
"I was under shock, stress, paranoia, sir, I don't know, I can't describe the thoughts in my head at that time..."

Colin Butler ‏@ColinButlerCBC 1m1 minute ago
"I was under a lot stress" Smich says "I do not know where it is." #TimBosma

Shannon Martin ‏@ShannonMartinTV 1m1 minute ago Toronto, Ontario
Millard's lawyer: Tell your one time brother, Mr. Millard, where is that gun buried? Smich: I do not know where it is. #Bosma #HamOnt

molly hayes ‏@mollyhayes 1m1 minute ago
Sachak tells him to tell Millard where the gun is. "Your 'big brother' as you said." Smich says again he doesn't know. #Bosma

Susan Clairmont ‏@susanclairmont 2m2 minutes ago
"Tell Mr. Millard: where is that gun buried," says Sachak. Smich says "at the time when it happened...I was under a lot of stress, shock..."

 

[SnooperDuper]

Shannon Martin ‏@ShannonMartinTV 2m2 minutes ago Toronto, Ontario
Smich: I was under alot of stress, shock, paranoia. I have no explanation. #Bosma #HamOnt #MarkSmich

Peter Akman ‏@PeterAkmanCTV 1m1 minute ago
"At the time i was under stress, shock, paranoia, it just happened that way, i have no other explanation." Smich about gun. #Bosma @CTVNews

molly hayes ‏@mollyhayes 1m1 minute ago
Sachak asks "did you really bury that gun or is it somewhere else right now?" Smich says he buried it. #Bosma

Lisa Hepfner ‏@HefCHCHNews 2m2 minutes ago
Sachak asks him to tell Millard "your big brother, you said, at the time." Smich says he doesn't know. "Did you really bury it?" Smich: yes

Susan Clairmont ‏@susanclairmont 2m2 minutes ago
"Did you really bury that gun or is it somewhere else right now?" Smich: "I buried it." #bosma

molly hayes ‏@mollyhayes 2m2 minutes ago
Smich agrees he's been asked before by police where the gun is. #Bosma

 

[SnooperDuper]

Colin Butler ‏@ColinButlerCBC 2m2 minutes ago
I was under a lot of stress, shock, paranoia," he says. "Did you really jury that gun?" Sachak asks. "Yes" Smich says. #TimBosma

Lisa Hepfner ‏@HefCHCHNews 2m2 minutes ago
Smich agrees he's been asked many times where he buried the gun. Including interviewed statements with police.

Alex Pierson ‏@AlexpiersonAMP 2m2 minutes ago
Sacha " tell Mr Millard where it is.! Did u really bury it?"smich I was stressed. I was in shock. It just happened."

Shannon Martin ‏@ShannonMartinTV 2m2 minutes ago Toronto, Ontario
Smich sits in the witness box, behind him is a large monitor with this photo on display. #Bosma #HamOnt

Susan Clairmont ‏@susanclairmont 2m2 minutes ago
May 22, 2013 was interviewed by police and it was video taped. "I was given instructions by counsel that I had the right to remain silent."

Lisa Hepfner ‏@HefCHCHNews 2m2 minutes ago
Smich says his lawyer told him he had the right to remain silent, when he was talking to police. #Bosma

 

[Ontario Mom]

Why would DM's defense try and compel MS to tell DM where the gun is? That seemed sort of weird.

 

[SnooperDuper]

molly hayes ‏@mollyhayes 2m2 minutes ago
On May 22, he did a video intvu with police. Sachak asks whether he was telling the truth in that. Smich says yes. #Bosma

Susan Clairmont ‏@susanclairmont 2m2 minutes ago
"I told them that my lawyer advised me that I had the right to remain silent."

Colin Butler ‏@ColinButlerCBC 2m2 minutes ago
Sachak notes that police asked him several times where the gun is. #TimBosma

molly hayes ‏@mollyhayes 2m2 minutes ago
Smich said he told them his lawyer had advised him he had the right to remain silent. #Bosma

Lisa Hepfner ‏@HefCHCHNews 2m2 minutes ago
Sachak asks if Smich was telling the truth. Smich says yes, his lawyer told him he had the right to remain silent.

Shannon Martin ‏@ShannonMartinTV 2m2 minutes ago Toronto, Ontario
Are you following CBC's live blog? http://live.cbc.ca/Event/The_Tim_Bosma_trial_May_16 … #Bosma #HamOnt #MarkSmich @AdamCarterCBC @CBCHamilton

 

[Velma]

"Did you really bury that gun, or is it somewhere else right now?" Sachak says. "I buried it," Smich says.
by Adam Carter 10:42 AM

Sachak says Smich was interviewed on May 22 by police, and Millard was arrested on May 10. He got the gun on May 11.
by Adam Carter 10:44 AM

Sachak now pressing Smich on the exact date he buried the gun. Smich says it was the same day he tried to sell it.
by Adam Carter 10:45 AM

"That gun may have the DNA of the person who held that gun when Mr. Bosma when it was shot," Sachak says. "That's true," Smich says.
by Adam Carter 10:46 AM

 

[SnooperDuper]

molly hayes ‏@mollyhayes 2m2 minutes ago
Smich was arrested May 22. Millard was arrested May 10. Smich received the gun may 11. He went to a wedding on May 19. #Bosma

Lisa Hepfner ‏@HefCHCHNews 2m2 minutes ago
Smich arrested May 22. Millard May 10. Smich got the gun May 11. Went to sister's wedding May 19. Buried gun sometime in between. #Bosma

Peter Akman ‏@PeterAkmanCTV 2m2 minutes ago
Smich buried the gun between May 11 and 19. Before Smich went to his sister's wedding. #Bosma @CTVNews

molly hayes ‏@mollyhayes 2m2 minutes ago
Smich buried the gun sometime between May 11 and May 19, he agrees. Sachak asks him what day. #Bosma

Colin Butler ‏@ColinButlerCBC 2m2 minutes ago
"You buried the gun sometime between May 11 and May 19" Sachak says. "What day was it?" #TimBosma

Susan Clairmont ‏@susanclairmont 2m2 minutes ago
Received gun May 11, buried it before wedding on May 19. "It's the day that my sister would have came to Marlena's sister's house."

 

[SnooperDuper]

molly hayes ‏@mollyhayes 2m2 minutes ago
Smich says it was the same day he tried to sell it. Sachak wants the date. #Bosma

Colin Butler ‏@ColinButlerCBC 2m2 minutes ago
"The same day I wasn't able to sell it," Smich says. #TimBosma

Lisa Hepfner ‏@HefCHCHNews 2m2 minutes ago
"What day was it you buried the gun?" Smich, "The day my sister would have came to Marlena's sister's house and asked me to get evthing out"

molly hayes ‏@mollyhayes 2m2 minutes ago
Smich says it's also the same day his sister came to tell him to get his stuff out of the house. But again, no date given. #Bosma

Lisa Hepfner ‏@HefCHCHNews 2m2 minutes ago
Smich was staying at Marlena's sister's house at 30 Speers that week. Sachak says the gun may have fingerprints. "That is correct," Smich

Shannon Martin ‏@ShannonMartinTV 2m2 minutes ago Toronto, Ontario
Millard lawyers: The gun that was used to shoot Mr. Bosma may have fingerprints on it. Smich: That's correct #Bosma #HamOnt

 

[Velma]

Sachak says the gun could also have Bosma's DNA on it. Smich says he doesn't know, because he wasn't there when Bosma was shot.
by Adam Carter 10:47 AM

"That gun, has the clue, does it not, of the person who held the gun that was used to shoot Mr. Bosma ... that gun was buried by you, not Mr. Millard," Sachak says. "That's correct," Smich says.
by Adam Carter 10:48 AM

"The jury will never get the benefit of seeing that gun, because you buried it," Sachak says. 'That's correct," Smich says.
by Adam Carter 10:48 AM

 

[SnooperDuper]

molly hayes ‏@mollyhayes 2m2 minutes ago
Sachak suggests the gun could have finger prints. "The gun that was used to shoot Mr #Bosma may have fingerprints." Smich agrees.

Susan Clairmont ‏@susanclairmont 2m2 minutes ago
"That gun that was used to shoot Mr. Bosma may have fingerprints on that gun," says Sachak.

Lisa Hepfner ‏@HefCHCHNews 2m2 minutes ago
"That gun may have Mr. Bosma's DNA on it." Smich says he doesn't understand the question. Sachak explains, if he was shot at close range...

Alex Pierson ‏@AlexpiersonAMP 2m2 minutes ago
Sachak. "You got the gun may 11. U went to a wedding may 19th. You buried it in between. When did u bury it. " @AM900CHML

molly hayes ‏@mollyhayes 2m2 minutes ago
Sachak suggests it might have Bosma's DNA on it because of the close proximity shooting. #Bosma

Shannon Martin ‏@ShannonMartinTV 2m2 minutes ago Toronto, Ontario
Millard's lawyer: If someone is shot from a foot away, Mr. Bosma's DNA, blood, may be on it. Smich: I don't know. I wasn't there #Bosma

 

[Gongshow]

This is one classy judge.

I totally agree. I have been very impressed by him throughout the trial.

 

[SnooperDuper]

Susan Clairmont ‏@susanclairmont 3m3 minutes ago
Sachak says potentially Mr. #Bosma's DNA is on gun. Smich: "I wouldn't know because I wasn't there when Mr. Bosma was shot."

Peter Akman ‏@PeterAkmanCTV 2m2 minutes ago
Millard's lawyer hammering #Smich over the missing gun ie. fingerprints
"I wasn't there when Mr. #Bosma was shot." claims Smich. @CTVNews

molly hayes ‏@mollyhayes 2m2 minutes ago
Smich says he can't say because he wasn't there when #Bosma was shot.

Lisa Hepfner ‏@HefCHCHNews 2m2 minutes ago
Smich says, I don't know I wasn't there when Mr. Bosma was shot. Sachak says 3 diff police forces could have tested that gun. He lists them

molly hayes ‏@mollyhayes 3m3 minutes ago
Sachak is suggesting that several police agencies could have tested that gun. Says it would have the "clue" as to who held the gun. #Bosma

molly hayes ‏@mollyhayes 2m2 minutes ago
"That gun was buried by you, not Mr Millard," Sachak says. He agrees. #Bosma

 

[SnooperDuper]

Lisa Hepfner ‏@HefCHCHNews 2m2 minutes ago
"That gun has the clue as to who shot Mr. Bosma. That gun was buried by you. The very gun that could have 100% proof who held it when fired

molly hayes ‏@mollyhayes 2m2 minutes ago
He suggests the gun could have "100% proof" as to who shot Mr Bosma. But the jury will never get the benefit of knowing whose DNA is on it.

Susan Clairmont ‏@susanclairmont 2m2 minutes ago
"That gun was buried by you, not Mr. Millard," says Sachak. "That is correct," says Smich."

Shannon Martin ‏@ShannonMartinTV 2m2 minutes ago Toronto, Ontario
Millard's lawyer: The gun may have 100% proof of who held it, but the jury will never know because you buried it. Smich: That's correct

molly hayes ‏@mollyhayes 2m2 minutes ago
Smich agrees. #Bosma

Lisa Hepfner ‏@HefCHCHNews 2m2 minutes ago
The jury will never get the benefit of knowing whose fingerprints, DNA are on that gun because you buried it, Sachak tells Smich

 

[SnooperDuper]

Susan Clairmont ‏@susanclairmont 2m2 minutes ago
Sachak: "The jury will never get the benefit of knowing because you buried the gun."

Colin Butler ‏@ColinButlerCBC 3m3 minutes ago
"You chose to buy the gun" Sachak says. "The gun that have 100 per cent proof" of who fired it. The jury will never see it. #Bosma

molly hayes ‏@mollyhayes 2m2 minutes ago
Sachak suggests it was his decision and his only to bury the gun. Smich says it was Brendan Daly's idea. #Bosma

Peter Akman ‏@PeterAkmanCTV 2m2 minutes ago
"It was your decision and only your decision to bury that gun." Smich replies "that is not correct..." #Bosma @CTVNews

Lisa Hepfner ‏@HefCHCHNews 3m3 minutes ago
Smich says it wasn't just his idea. His friend Brandon Daly came up with the idea. "I was in state of shock, panic, paranoia, I was not..."

Alex Pierson ‏@AlexpiersonAMP 3m3 minutes ago
"Sachak; "that gun used to shoot Bosma may have had prints. May have had DNA of the person who shot it. May have DNA of Bosma"

 

[Velma]

Smich again says he was in a state of shock when he buried the gun.
by Adam Carter 10:49 AM

"You made a conscious decision to bury that gun," Sachak says. "Under the shock, stress, paranoia, I made the decision, yes," Smich says.
by Adam Carter 10:50 AM

Smich says that he had been drinking and smoked pot that day.
by Adam Carter 10:51 AM

Smich says he was "under the influence" when he buried the gun. "You were not so stoned out of your mind that you didn't know what you were doing," Sachak says.
by Adam Carter 10:52 AM