Bosma Murder Trial 05.16.16 - Day 49

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Lisa Hepfner ‏@HefCHCHNews 12m12 minutes ago
Smich doesn't know where he ended up after burying the gun.

Colin Butler ‏@ColinButlerCBC 12m12 minutes ago
Sachak mocks Smich again suggesting he brought marshmallows with him. #TimBosma

Susan Clairmont ‏@susanclairmont 12m12 minutes ago
"No I didn't bring any marshmallows with me, I probably didn't have any marshmallows at the time," Smich says when asked if he had bonfire.

molly hayes ‏@mollyhayes 12m12 minutes ago
Sachak asks if he brought any marshmallows with him that night on this ride into the forest. Smich says no. #Bosma

molly hayes ‏@mollyhayes 12m12 minutes ago
Smich doesn't recall where he went from there. #Bosma

Lisa Hepfner ‏@HefCHCHNews 12m12 minutes ago
"That night is faster than a blur." Smich sighs. "It was a stressful day, among other things."
 
Now going back to the video. "Did you shoot Tim Bosma, yes or no," Kavanagh says. "I need to speak to a lawyer," Smich responds.
by Adam Carter 12:24 PM

"You didn't answer that, did you?" Sachak asks. Goodman says Smich had the right to remain silent, tells jury to disregard question.
by Adam Carter 12:25 PM

Sachak now showing the photo of Smich holding the gun that court has previously seen.
by Adam Carter 12:26 PM
 
Well, if he doesn't remember anything else from that night, maybe he did camp out in the forest and roast marshmallows. I mean he doesn't even remember where he woke up the next day. I'm being sarcastic of course but I find it very hard to believe that for someone who is wanting to tell us all "the whole truth and nothing but the truth" that he doesn't remember anything about that night. I understand about trauma and the brain and all that, but in my gut I just don't believe that is the case here with Mr. Smich. MOO.

I think he's covering for someone. What would be the charge to someone else for burying the gun?

MOO
 
molly hayes ‏@mollyhayes 13m13 minutes ago
"I don't recall if I went to my mother's place or Marlena's sister's place." #Bosma

Peter Akman ‏@PeterAkmanCTV 12m12 minutes ago
Millard's lawyer says "The gun could prove your innocence, could have Millard's DNA on it and you don't know where it is?" #Bosma @CTVNews

Lisa Hepfner ‏@HefCHCHNews 12m12 minutes ago
How many minutes did he cycle for? Smich says it depends on where he went.

Susan Clairmont ‏@susanclairmont 12m12 minutes ago
Sachak continues to throw ridiculous scenarios at Smich to test claim he can't remember much of anything from night he buried gun.

molly hayes ‏@mollyhayes 13m13 minutes ago
Sachak asks how long he rode his bike for. He says he doesn't know where he went so it would depend on that. #Bosma

Susan Clairmont ‏@susanclairmont 13m13 minutes ago
Sachak asking how long it took Smich to cycle from mom's house to burial location? Smich doesn't remember.
 
https://images.scribblelive.com/2016/5/16/c77c86b8-ab0f-467b-b6ae-8b6709158699_500.png
This is the photo.
by Adam Carter 12:27 PM

The picture was taken in August of 2012.
by Adam Carter 12:27 PM
 
Lisa Hepfner ‏@HefCHCHNews 12m12 minutes ago
How many minutes from burial location to your mom's house? Smich didn't time himself. #TimBosma

molly hayes ‏@mollyhayes 12m12 minutes ago
Sachak asks how long it would take from where he buried the gun to Marlena's (sister's) house. He doesn't know. #Bosma

Shannon Martin ‏@ShannonMartinTV 12m12 minutes ago Toronto, Ontario
Millard lawyer now trying to find out where Smich went after burying alleged murder weapon. Guess what? He doesn't recall. #Bosma #HamOnt

molly hayes ‏@mollyhayes 12m12 minutes ago
"I don't recall where I even went, so I don't know," he says. Sachak asks where he woke up. Smich doesn't recall. #Bosma

Susan Clairmont ‏@susanclairmont 12m12 minutes ago
Sachak asks how long to cycle from Marlena's sister's place to burial spot. Smich doesn't know. Also doesn't know where he woke up that day.

molly hayes ‏@mollyhayes 12m12 minutes ago
Smich agrees he didn't wake up by a pool or in the forest. Or in the mall. Or at the #Bosma residence.
 
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

There is Sachak saying something like.. if they (LE) had the gun, it could tell exactly who shot TB.. we can surmise that DM would have wiped his prints off very well before delivering the gun for safekeeping. MS handled the gun when he received it. His prints would have remained if MS had not wiped them. So.. who would it tell exactly shot TB if only MS's prints were on it? That is why if they had the gun, MS would be the scapegoat, and DM would continue smiling. What incentive would there be for MS to produce the gun showing only his prints?
 
Susan Clairmont ‏@susanclairmont 12m12 minutes ago
Smich says he woke up either at his mom's place or Marlena's sister's place.

molly hayes ‏@mollyhayes 12m12 minutes ago
He says he would've woken up either at Marlena's sister's or at his mom's. #Bosma

Peter Akman ‏@PeterAkmanCTV 12m12 minutes ago
More strange questions from Millard's lawyer trying to get Smich to slip up. "You didn't wake up at the Bosma's residence?" #Bosma @CTVNews

Colin Butler ‏@ColinButlerCBC 12m12 minutes ago
Sachak is mocking Smich again. Smich said he couldn't remember where he woke up the morning after he buried the gun. #Bosma

Alex Pierson ‏@AlexpiersonAMP 12m12 minutes ago
Sachak could suggest Smich rode a unicorn to bury the gun and he wouldn't remember. @AM900CHML

Lisa Hepfner ‏@HefCHCHNews 12m12 minutes ago
Smich says he would have woken up at his mother's house or Marlena's sister's house. Sachak keeps asking."You didn't wake up at Mr. #Bosma's
 


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

Oh for god sakes, Sachak....... Marshmallows!?!?
 
Smich says it was taken at one of Millard's residences. "He had it lying around and I took a picture with it," Smich says.
by Adam Carter 12:28 PM

Smich says he doesn't remember exactly where the gun was when he picked it up.
by Adam Carter 12:28 PM

Smich agrees this is a Walther PPK .380. He says this is the gun that was used to shoot Bosma.
by Adam Carter 12:29 PM
 
https://images.scribblelive.com/2016/5/16/c77c86b8-ab0f-467b-b6ae-8b6709158699_500.png
This is the photo.
by Adam Carter 12:27 PM

The picture was taken in August of 2012.
by Adam Carter 12:27 PM

IIRC, he bought the gun Feb 2013?

MOO
 
This. We aren't talking about smoking getting high and forgetting where you put your bag of Cheetos.

This is burying a gun used in the horrific murder of an innocent man, potentially putting MS in serious legal trouble and a life in jail. You don't forget where you buried that gun because you were high.

Blaming it on marijuana? Come on.
Why not? It worked for CN. She was so high she remembered nothing. People here said it was possible. So those same people should believe it's possible for MS too. There can't be a double standard JMO
 
Is it just me, or was that COMPLETELY out of line?

It's not just you. I'm OK with a sarcastic dig here and there (Sachak crossed the line on that awhile back, though, IMO) but this comment was hugely disrespectful to the Bosma family.

This trial is a formal and serious occasion, and counsel should conduct themselves accordingly. A little humorous barb here and there, fine. Picking holes in witness testimony, all in a day's work. Jabs that belittle the tragedy of the victim's family? Not OK.
 
molly hayes ‏@mollyhayes 12m12 minutes ago
Smich says he was staying at Marlena's sister's around May 10-19. Says went back to his mom's at one point but doesn't know. #Bosma

Colin Butler ‏@ColinButlerCBC 12m12 minutes ago
Sachak starts suggesting ridiculous places Smich didn't wake up: near a pool, in a mall, etc. #TimBosma

molly hayes ‏@mollyhayes 12m12 minutes ago
Smich -- looking directly at jury -- says that he does not recall where he slept that night. #Bosma

Lisa Hepfner ‏@HefCHCHNews 12m12 minutes ago
"My recollection is I'm not sure where I was that night, sleeping and waking up." Smich says. Did he have the keys to Marlena's sister's?

molly hayes ‏@mollyhayes 12m12 minutes ago
Sachak asks if he had the keys to Marlena's sister's place the night he buried the gun. He doesn't recall. #Bosma

Susan Clairmont ‏@susanclairmont 12m12 minutes ago
Sachak: "Let's explore this further." Wants to know where Smich spent the day. Did he have keys to Elizabeth's apartment on night of gun?
 
(Will the judge let Sachak do this indefinitely?)
I actually find it to be unfair questioning. He's been through the police interrogation. Is he going to have to sit through another 5+ hrs of where's the gun?
 
Susan Clairmont ‏@susanclairmont 12m12 minutes ago
"I don't recall," says Smich. #Bosma

molly hayes ‏@mollyhayes 12m12 minutes ago
Sachak asks if he recalls Marlena or his mom opening a door and greeting him. He doesn't recall. #Bosma

molly hayes ‏@mollyhayes 12m12 minutes ago
Smich says he doesn't recall the date. #Bosma

Lisa Hepfner ‏@HefCHCHNews 12m12 minutes ago
Sachak doesn't remember anyone greeting him after coming home, wherever that was. #TimBosma

molly hayes ‏@mollyhayes 12m12 minutes ago
Sachak asks him what the next thing he remembers is in this sequence of events, after burying the gun. #Bosma

Shannon Martin ‏@ShannonMartinTV 12m12 minutes ago Toronto, Ontario
Millard lawyer: Where did you wake up? Did your mom say good morning? Did you wake up in the forest? Again, more ridic Qs to prove a point.
 
Alex Pierson ‏@AlexpiersonAMP 12m12 minutes ago
Sachak could suggest Smich rode a unicorn to bury the gun and he wouldn't remember. @AM900CHML


I'm working on a theory involving unicorns and a magical forest, standby... :rolleyes:
 
Lisa Hepfner ‏@HefCHCHNews 12m12 minutes ago
What is the next thing he does recall? "Um.. . I remember going to the wedding," Smich says. They took a limo

molly hayes ‏@mollyhayes 11m11 minutes ago
Smich says he remembers going to the wedding. Sachak suggests he must've put on a tuxedo. "Of course," he says. #Bosma

molly hayes ‏@mollyhayes 12m12 minutes ago
Sachak asks what the first part of the wedding that he remembers is--getting ready, driving there, drinking etc. #Bosma

Alex Pierson ‏@AlexpiersonAMP 12m12 minutes ago
Smich remembers the wedding. The tux. The limo. The drinking. But not burying the gun. @AM900CHML

Lisa Hepfner ‏@HefCHCHNews 11m11 minutes ago
Smich's sister's wedding was May 19. What does he remember between that and burying the gun? Smich isn't sure about dates. #TimBosma

Shannon Martin ‏@ShannonMartinTV 11m11 minutes ago Toronto, Ontario
Millard lawyer trying to figure out when Smich's memory comes back - after the total lapse while he buried the gun #Bosma #HamOnt #Smich
 
Yeah. And while I completely understand/respect the viewpoint of those who think MS pulled the trigger and that the whole thing was planned, this morning's testimony isn't accomplishing anything (or not anything I'm smart enough to perceive). I would assume the jury got the idea he was potentially being deceitful about his memories in the first, what, hour of this?

This may be the only lie that team Millard can work with without incriminating the client. Maybe the plan is to get MS to admit who he gave to to And get himself offed before the end of the trial? Is MS in the general population? Hehe
 
Smich says he hasn't been thinking about this photo. "So you're saying you haven't been thinking about holding the gun that was used to shoot Mr. Bosma?" Sachak says in a high pitched, half laughing tone.
by Adam Carter 12:30 PM

"This gun was used to kill a human being," Sachak says.
by Adam Carter 12:31 PM

"Just like it wasn't significant and important enough for you ... to remember where it was buried," Sachak says. Smich says that's a different scenario.
by Adam Carter 12:31 PM

Sachak asks Smich if Marlena, his mother or Millard's dog took the photo. Smich says no to all of them, says it's more likely the dog took the photo than his mother. Sachak says he wishes that the dog could be questioned. "Mr. Sachak, the editorialization is not helpful," Goodman says.
by Adam Carter 12:33 PM
 
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