Bosma Murder Trial 05.16.16 - Day 49

[SnooperDuper]

molly hayes ‏@mollyhayes 12m12 minutes ago
Smich says he's not entirely sure about the dates, which would help him remember. Sachak says "I don't know sir, I wasn't there." #Bosma

molly hayes ‏@mollyhayes 11m11 minutes ago
Sachak asks what date he buried the gun. Smich says he's not sure--same day his sister came to Marlena's sister's apt. #Bosma

molly hayes ‏@mollyhayes 11m11 minutes ago
Sachak says he's asking what his first recollection is after burying the gun. #Bosma

Lisa Hepfner ‏@HefCHCHNews 11m11 minutes ago
What date did he bury the gun? The date his sister came to Marlena's sister's apartment and told him to get "everything" out of his mom's

Alex Pierson ‏@AlexpiersonAMP 11m11 minutes ago
Sachak asks the date he buried the gun. Smich can't remember. Again mocking him about when he got his memory back. @AM900CHML

Peter Akman ‏@PeterAkmanCTV 11m11 minutes ago
Millard's lawyer more quibbling over details Smich has repeatedly said he does not remember. #Bosma @CTVNews

 

[ArianeEmory]

My sympathies go out to the jury, having to have their time wasted with this.

 

[spanishshara]

That would then include his version of what happened the night of the 6th where he told the court in detail how DM did it. He did remember DM grabbing a flashlight and swapping plates just moments before and after seeing TB in the truck. How long does it take the crisis and trauma to set in?

MOO

I'm not saying I believe MS or his stories. I'm just pointing out that memory loss is common during trauma. Specifically when you link trauma, stress, PTSD + memory to the amygdala, prefrontal cortex, etc. There's empirical evidence of this and as a grad student who researches this field I'm pretty confident in said evidence. It's also quite common in abuse and sexual assault cases. I believe Smich knows far more and is lying about aspects of what happened the night they killed Tim but it's also not a surprise to me when witnesses can only remember certain parts and disassociate. It may look and sound convenient to you but it's not all that uncommon in my experience - not to mention plenty of research and studies that back up how the brain responds in traumatic situations - especially in regards to how the brain reacts days and weeks afterwards. Then you have to take into account it's been since 2013.

I'm not saying I buy any of Smich's testimony but to be unbiased I do think it's important to take everything into account IMO.

 

[MsSherlock]

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

And all CN had was some pot and sex. That was enough to completely wipe her brain cells-and she's smart enough to do a Rubik's cube! MOO

 

[JPC]

That's what I was wondering. Where is TD's objection?

Asked and answered? Badgering the witness? This is not an LE interrogation. Pretty sure TD would not have gotten away with doing this to CN or any of the others.

MOO

If I were TD I wouldn't object. His client appears resolute with his story and NS comes off sounding as cocky and arrogant as DM. If I were TD I would let NS run his mouth and irritate the jury.

 

[SnooperDuper]

molly hayes ‏@mollyhayes 12m12 minutes ago
Sachak asks if it was going to the bathroom, barbecuing a steak... Smich says he doesn't know. #Bosma

molly hayes ‏@mollyhayes 11m11 minutes ago
Sachak asks if he recalls at the very least his position while digging. were you standing? Hunched over? Smich doesn't recall. #Bosma

Susan Clairmont ‏@susanclairmont 11m11 minutes ago
Smich doesn't know date he buried gun. Sachak asks when his memory returned to him after burying gun. Smich doesn't remember. #Bosma

Shannon Martin ‏@ShannonMartinTV 11m11 minutes ago Toronto, Ontario
Not only can he not recall WHERE he buried the gun that HE says Millard used to shoot Bosma, Smich can't remember WHEN he buried it #Bosma

Alex Pierson ‏@AlexpiersonAMP 12m12 minutes ago
"Was it when u went to the washroom? When u bbq'd? When u ate a steak? When did u get your memory back? " sachak. @AM900CHML

Shannon Martin ‏@ShannonMartinTV 12m12 minutes ago Toronto, Ontario
... just that it was sometime after Millard's arrest, and his sister's wedding. #Bosma #HamOnt #Smich

 

[Velma]

Sachak says that Smich took the gun home, and he used it to shoot Bosma. "That's incorrect," Smich says.
by Adam Carter 12:33 PM

Court now seeing a picture of a gun taken from Smich's blackberry from March 11 2012.
by Adam Carter 12:34 PM

Smich says he took that picture. Says it was around the time Millard bought it. "It's his gun," Smich says. "Dell said, 'here's your gun, right?" Sachak says. Smich says no.
by Adam Carter 12:35 PM

Smich says Millard bought the gun, and he took pictures of it too. Smich says he doesn't know why he took a picture of it.
by Adam Carter 12:35 PM

 

[Arnie M]

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

He is doing it on purpose because he knows MS will not tell the truth where the gun is.

And the questioning is not designed to find the gun , it is designed to ruin MS credibility as a witness , and that is exactly how it is working out.

The questions may sound stupid but they are clever .... for example ....

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.

Notice how easily MS can recall he did not bring marshmallows to the forest .... yet he keeps saying he doesn't remember anything because he was stoned and drunk. This is a good lawyer and he is just getting stared. If he can undermine MS credibility it undermines MS testimony that DM did everything. That is the whole purpose.

 

[SnooperDuper]

molly hayes ‏@mollyhayes 12m12 minutes ago
On May 22, 2013, during the video intvu w police (post arrest), police ask Mark Smich if he shot Tim #Bosma.

Lisa Hepfner ‏@HefCHCHNews 12m12 minutes ago
May 22, during video interview with police, Smich was asked if he shot #TimBosma. We are watching

Susan Clairmont ‏@susanclairmont 12m12 minutes ago
May 22, 2013 video interview with @hamiltonpolice. Cop asked Smich if he shot Tim #Bosma. Looking now at video.

Shannon Martin ‏@ShannonMartinTV 12m12 minutes ago Toronto, Ontario
Millard's lawyer now showing us another clip from Smich's police interrogation video. #Bosma #HamOnt

molly hayes ‏@mollyhayes 12m12 minutes ago
Seeing the video again. Kavanagh asks "did you shoot Tim #Bosma. Yes or no." Smich says "I need to talk to my lawyer." #Bosma

Peter Akman ‏@PeterAkmanCTV 12m12 minutes ago
Showing video of police interogation "Did you shoot Tim Bosma, yes or no." Smich says "I need to speak to my lawyer." #Bosma @CTVNews

 

[ArianeEmory]

If I were TD I wouldn't object. His client appears resolute with his story and NS comes off sounding as cocky and arrogant as DM. If I were TD I would let NS run his mouth and irritate the jury.

Good catch.

 

[spanishshara]

If I were TD I wouldn't object. His client appears resolute with his story and NS comes off sounding as cocky and arrogant as DM. If I were TD I would let NS run his mouth and irritate the jury.

Boy would it have been fascinating to see how DM would react to cross. Why do I have a feeling he'd be laughing or something with a grin on his face.

 

[SnooperDuper]

Adam Carter ‏@AdamCarterCBC 12m12 minutes ago
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. #Bosma

molly hayes ‏@mollyhayes 13m13 minutes ago
Kavanagh says "yes or no. Simple question Mark." #Bosma

Lisa Hepfner ‏@HefCHCHNews 13m13 minutes ago
Smich is curled under blanket. "Did you shoot #TimBosma, yes or no?" I need to speak to my lawyer, Smich slurs in the video.

Shannon Martin ‏@ShannonMartinTV 13m13 minutes ago Toronto, Ontario
In the clip, police officer: Did you shoot Tim Bosma? Did you shoot Tim Bosma? Smich: I need to speak to my lawyer #Bosma #HamOnt

Alex Pierson ‏@AlexpiersonAMP 13m13 minutes ago
Back to police intv. Cop asks "did u shoot #timbosma?yes or no?' "I want to speak to a lawyer" smich. @AM900CHML

Susan Clairmont ‏@susanclairmont 13m13 minutes ago
Kavanagh: "Did you shoot Tim Bosma? Yes or no. Simple question Mark." Smich huddled under blanket. Says he wants to talk to his lawyer.

 

[SnooperDuper]

molly hayes ‏@mollyhayes 13m13 minutes ago
Sachak says he did not say to police "I did not shoot Tim Bosma." Judge cautions him about getting into his lawyer's advice. #Bosma

Peter Akman ‏@PeterAkmanCTV 13m13 minutes ago
The Judge steps in an warns Millard's Lawyer about questions about his lawyer's advice. Told to move on. #Bosma @CTVNews

Susan Clairmont ‏@susanclairmont 13m13 minutes ago
Sachak cautioned against getting into client/solicitor privilege with Smich.

Alex Pierson ‏@AlexpiersonAMP 12m12 minutes ago
Sachak presses SMICH on why he didn't answer cops simple answer. Judge tells jury to disregard question/answer. @AM900CHML

molly hayes ‏@mollyhayes 12m12 minutes ago
Sachak moves on. Shows him the 'two finger' gun photo again. Smich agrees that's him in the photo. #Bosma

Lisa Hepfner ‏@HefCHCHNews 12m12 minutes ago
Looking a gun with Smich's two fingers in front and his face in background. How heavy was that gun? "Um, I don't recall."

 

[Velma]

Smich says this is the same gun seen in the previous photo. He says it's the same one Millard's fingerprint was matched to, too.
by Adam Carter 12:36 PM

Smich says it's a real gun in these photos.
by Adam Carter 12:36 PM

Sachak says that Smich was here when Smich's lawyers cross-examined a gun expert and suggested it could be a fake gun. Dungey objects.
by Adam Carter 12:38 PM

Goodman sustains the objection.
by Adam Carter 12:39 PM

 

[TOR]

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.

That's the thing - there's so much scientific evidence that shows in stressful situations, especially when under duress, the memory works in funny ways forgetting those stressful events as a coping mechanism. Mix that with marijuana's ability to short-circute memory creation and you have a recipe for, well, exactly what MS is going through.

"One class of stress hormone responsible for negatively affecting memory is the glucocorticoids (GCs), the most notable of which is cortisol.[1][5][6] Glucocorticoids facilitate and impair the actions of stress in the brain memory process.[7] Cortisol is a known biomarker for stress.[8] Under normal circumstances, the hippocampus regulates the production of cortisol through negative feedback because it has many receptors that are sensitive to these stress hormones. However, an excess of cortisol can impair the ability of the hippocampus to both encode and recall memories.[2] These stress hormones are also hindering the hippocampus from receiving enough energy by diverting glucose levels to surrounding muscles.[2]" - https://en.wikipedia.org/wiki/Effects_of_stress_on_memory

"University of Iowa researchers recently found a connection between the stress hormone cortisol and short-term memory loss in older rats. Their findings, published in the Journal of Neuroscience this week, showed that cortisol reduced synapses -- connections between neurons -- in the animals' pre-frontal cortex, the area of the brain that houses short-term memory." - http://www.cnn.com/2014/06/17/health/memory-stress-link/

"Stress can also interfere with your capacity to retrieve this information from your long-term memory store." - http://www.humanstress.ca/stress/effects-of-stress-on-memory/is-your-memory-affected-by-stress.html

 

[SnooperDuper]

Alex Pierson ‏@AlexpiersonAMP 12m12 minutes ago
Looking at pic of Smich holding gun. Sachak asks how long he held the gun. Smich doesn't know.@AM900CHML

Shannon Martin ‏@ShannonMartinTV 12m12 minutes ago Toronto, Ontario
Millard lawyer: These are your fingers holding the gun? Smich: Correct #Bosma #HamOnt #Smich

Lisa Hepfner ‏@HefCHCHNews 12m12 minutes ago
It was a long time ago that he was holding the gun, Smich says. Would have been for a short period of time. Like taking a picture.

molly hayes ‏@mollyhayes 12m12 minutes ago
Sachak asks how much it weighs. He says he doesn't know. Sachak asks how long he held the gun. He says he's not sure, he took a photo.

Peter Akman ‏@PeterAkmanCTV 12m12 minutes ago
Now on to questions about holding the gun. Millard's lawyer mocking Smich again about not remembering how much it weighs #Bosma @CTVNews

Susan Clairmont ‏@susanclairmont 12m12 minutes ago
Looking at "two finger gun" photo. Sachak asks if that's Smich holding gun. Smich says yes.

 

[deugirtni]

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

MOO

Good point. With him having these people around who were willing to do deeds for him, that is a very real possibility. If someone else buried the gun they would have to have known or ought to have known, that the gun was used in a murder, and I believe the charge would be AATF. If MS did get one of his pals to bury the gun, he could never say so. moo

 

[SnooperDuper]

molly hayes ‏@mollyhayes 12m12 minutes ago
This photo was taken long before the Tim #Bosma murder, he agrees. Back in Aug 2012.

Colin Butler ‏@ColinButlerCBC 12m12 minutes ago
Jury now seeing a photo of Smich holding the alleged murder weapon. #Bosma

molly hayes ‏@mollyhayes 12m12 minutes ago
Sachak asks where he was. Smich says at one of Dell's residences. Doesn't recall which. #Bosma

Lisa Hepfner ‏@HefCHCHNews 12m12 minutes ago
Pic was taken Aug 3 2012 on "Mark's iPad" Where was he at the time? Woulda been at one of Dell's residences.

Susan Clairmont ‏@susanclairmont 12m12 minutes ago
"It would have been a short period of time," that he held gun, says Smich. It was at "one of Dell's residences. He had it laying around."

Shannon Martin ‏@ShannonMartinTV 12m12 minutes ago Toronto, Ontario
This photo was taken August 3, 2012. Smich says he doesn't know why he took the photo #Bosma #HamOnt #Smich

 

[Velma]

Smich agrees he has always known the gun in the photos was a real gun.
by Adam Carter 12:39 PM

Smich says that through all the evidence, he has known this was a real gun.
by Adam Carter 12:40 PM

Smich says Brendan Daly is a neighbour he has known for a couple of years. Smich says he didn't consider him one of his best friends.
by Adam Carter 12:41 PM

Smich says other people might think the two were very good friends, but he says they were "close friends" in a way.
by Adam Carter 12:42 PM


Jumping off what Kamille just posted - Any possibility that BD actually buried the gun and MS is covering for him?

 

[SnooperDuper]

molly hayes ‏@mollyhayes 12m12 minutes ago
Sachak asks why he took this photo. "I dunno. He had it laying around and I took a picture of it," Smich says. #Bosma

Colin Butler ‏@ColinButlerCBC 12m12 minutes ago
Smich says he was at one of Millard's residences. "It was just laying around and I took a picture of it." Smich says. #TimBosma

Lisa Hepfner ‏@HefCHCHNews 13m13 minutes ago
"Why are you taking a pic of this gun?" I dunno it was lying around, Smich says. Sometimes Millard would leave it lying around, he says

Colin Butler ‏@ColinButlerCBC 13m13 minutes ago
"Sometimes Dell would jus have it laying around," he says. #TimBosma

Alex Pierson ‏@AlexpiersonAMP 13m13 minutes ago
Sachak' " why r u holding this gun?" MS: " del had it laying around so I took a picture of it." @AM900CHML

Shannon Martin ‏@ShannonMartinTV 13m13 minutes ago Toronto, Ontario
Smich believes this is the gun that was used to kill Bosma #Bosma #HamOnt #Smich