Bosma Murder Trial 05.18.16 - Day 51

[NashBridges2]

All caught up, no big aha moments in my opinion. I'm beginning to think Sachaks strategy is drag this on long enough that we start losing jury members due to summer holidays and then a mistrial will be declared.

My opinion remains the same after 3 days on cross. I believe some of what Smich is saying. I believe there is plenty of evidence to prove the theft was preplanned. I believe he was NOT in the Yukon when TB was shot ( I think it would be impossible to not transfer some DNA/blood/Gunshot residue to the Yukon). Now I'm just waiting to see what the prosecution will do in proving he knew about the murder because Sachak sure as he has nothing.

 

[deugirtni]

I got 42 hits when I searched "sim" so narrowed it down to "sim card". Go to line 7227, then there's more starting at line 7972. Sorry.

https://docs.google.com/spreadsheet...__2QSDhYkGxMU/edit?pref=2&pli=1#gid=156108166

When I follow that link it opens in a browser window, and I use the browser's 'find' feature, and it finds zero. If I put the cursor on the actual line that has the word 'sim', it then finds it, but only that one. I guess I have a defunct browser!

Anyway.. what I am wondering is.. say you have 4 phones sitting there in front of you, and one sim card. You can put that one sim card into any of the 4 phones. If LE examines all 4 devices, each with the same sim card in it at the time of examination, would it show different things from each of the 4 phones, or would it show the same thing over and over on each phone? Doesn't the information contained in a phone relate to the sim card? So if he was swapping out the sim card to use in each phone, would the info be different? I don't know if I'm wording this properly.

 

[puppyraiser]

Another thought just came to mind... DM is left handed. In the hangar video we could see him walking with his "murse" on his left side. IF he was driving the Dodge, it would have been very easy for him to slip his left hand in and grab the gun (if the murse was in that same position much earlier in the evening). While I don't completely believe MS and his convenient amnesia for certain aspects of this crime and the days following, I do think he is telling the truth that he didn't fire the gun and was probably not even in the vehicle.

 

[JuneBug67]

Can you dumb it down for me.....I'm missing something. What missing time are you referring to? 9:05ish arrived at Bosmas and 9:20ish traveled north by SuperSucker - those 15 minutes? So what you're thinking is all three drove around for a while, TB was shot, then MS got into the Yukon and they travelled past the SuperSucker by 9:20? IIRC, it's been testified that there was some conversation about the truck before they left the Bosma's....add in dropping MS off and doing a U-turn (and possibly not going straight north on Trinity....didn't Bullman testify the 2 vehicles went west on Book?)....I guess I don't see a huge discrepancy in MS's story and the time-line.....but wiling to admit I may have missed something. MOO

It's the time before they arrive at the Bosma's that is potentially problematic. It relates to the DM team's allegation that the Super Sucker video is off by 10 minutes more than the Crown claims. If this is the case it makes it possible and perhaps even likely that Tim's truck was seen three times on the video rather than just once with the Yukon. If this is the case it is highly probable that MS remained with DM and the truck on a short test drive with Tim before they returned for the Yukon, giving MS opportunity to have been the shooter, and strongly suggesting that the early parts of his account where he was immediately dropped off with the Yukon are a lie.

It would appear in MS's account, and in the Crown's case, that we may be missing some time. They passed Super Sucker at 8:46 pm and arrived in the Bosma driveway at 9:05. It's a 2 minute drive from the Super Sucker to the field and a 5-7 minute walk to the Bosma's, leaving 10 minutes unaccounted for. DM's team accounts for those minutes by claiming the Super Sucker video is a further 10 minutes off, meaning they first passed it at 8:56 pm, which then makes the scenario previously described possible with truck sightings at 9:15, 9:20 and finally at 9:30 with the Yukon. That timeline also fits the time for the direct route from the Super Sucker to the Bob Cat.

 

[Deleted member 102539]

they could say that DM was acting as MS's protector at the time, but realized later that MS had just been using him all along and that once DM realized that MS was (according to DM's letters) trying to pin the murder on DM, DM felt angry and desperate and betrayed by MS so he reached out to CN to get others to help him because he knew everything he did to help MS incriminated himself and felt hopeless that if he told the truth, by then it would be too late and he feared no one would believe him. I'm sure DM's defence team could come up with something better than they have now. And for anyone reading, this is just a wild speculation of what I think DM's defence could try .... Not that I believe they will.

All MOO.

Bbbut - the framing thing started already before DM's arrest with his message to LW2 ...?! :thinking:

 

[RandomName479]

It's the time before they arrive at the Bosma's that is potentially problematic. It relates to the DM team's allegation that the Super Sucker video is off by 10 minutes more than the Crown claims. If this is the case it makes it possible and perhaps even likely that Tim's truck was seen three times on the video rather than just once with the Yukon. If this is the case it is highly probable that MS remained with DM and the truck on a short test drive with Tim before they returned for the Yukon, giving MS opportunity to have been the shooter, and strongly suggesting that the early parts of his account where he was immediately dropped off with the Yukon are a lie.

It would appear in MS's account, and in the Crown's case, that we may be missing some time. They passed Super Sucker at 8:46 pm and arrived in the Bosma driveway at 9:05. It's a 2 minute drive from the Super Sucker to the field and a 5-7 minute walk to the Bosma's, leaving 10 minutes unaccounted for. DM's team accounts for those minutes by claiming the Super Sucker video is a further 10 minutes off, meaning they first passed it at 8:56 pm, which then makes the scenario previously described possible with truck sightings at 9:15, 9:20 and finally at 9:30 with the Yukon. That timeline also fits the time for the direct route from the Super Sucker to the Bob Cat.

ok. I think I'm following.....so you're saying that because it should only have taken 9 minutes to get to the Bosma's from the Yukon passing Supersucker and it actually took 19 minutes that you believe the video timestamp is off? And because the time stamp is off then the other Black Dodge Ram sightings (that were consistent with TB's truck, but couldn't conclusively be identified as TB's) are likely TB's truck and therefore MS was in the vehicle when TB was shot? I need to see the Bill Andrew's timeline again.....did any texts/calls come in during that time? I thought they were pinging in Ancaster earlier than 8:56pm.....MOO

ETA - Smich phones pings in Ancaster at 8:44pm. So during Plaxton's testimony how was the time stamp verified? So long ago, but I recall he said he checked it to his cellphone? So logically, we either have Plaxton incorrect about the time stamp at the SuperSucker (which does seem to line up with cell pings) OR we have other Black Dodge Ram's travelling that road? I'm not sure that there are necessarily 10 missing minutes...I see why you're saying that, but to me a lot of variables aren't being accounted for....they may have driven around to find an appropriate spot to leave the Yukon, had a cigarette, chatted about plan, lots of ways to eat up 10 minutes IMO

 

[mskrisc]

I agree that DM's defence is doing nothing to help him and ironically they are only helping the Crown to convict MS, IMO, and I know that's not their objective ... Or is it? Maybe DM accepts a conviction is in his future and is refusing to go down alone?

All MOO.

As many of teeter between who the shooter was or whether murder was the agreed plan, as odd as Sachaks style is, seems to me he is somewhat creating reasonable doubt. Don't get me wrong, I'd personally never hire this team of Lawyers, but perhaps this is DMs only hope in hell. I also believe DM is going to be wearing Orange for a very long time. MS, tough call. Depends on Crown I think. He may get Accessory after the fact as we still seem to be lacking any evidence against him.
I am curious as to his involvement in the LB case. I think this would make it much more clear. Is he a killer or not? Glad I'm not on the jury. Who'd want to put a killer back on the streets?

 

[Deleted member 102539]

The hoodie and the black backpack seem to have also done a disappearing act as well. IIRC, there were some grommets found in the burn spot at the farm. Anything else that may have come from a hoodie or backpack?

Remains of a back pack: metal of a long zipper (if not melted to some lump).

What about the "changing clothes": in what colour had they been, MS? (He told clothing for theft by night would be always black.)

 

[deugirtni]

So seatbelt was
Obviously off at this point! Indicating perhaps TB knew something wasn't right and at this point perhaps A struggle or argument began?

Good catch. I forgot to notice that CJP wasn't wearing her seatbelt in that test pic. I seriously can't imagine TB not wearing a seatbelt, since by now, isn't it just habit for everyone? And he's a dad, he'd probably be used to making a good impression on his daughter. Nevermind that he's driving with an unknown driver. Who can afford the ticket for no seatbelt anymore? So yes, if the seatbelt is OFF, then it would be possible for his head to rest upon the dash, right? But not if he was wearing it. Would be good to know from SB if he automatically put his seatbelt on all the time. If so, and it was OFF at that time, perhaps he got creepy crawlies and threatened to just open the door and jump out, and so that's when DM shot him, at whichever point along the way they were? *CJP try to do another shot WITH your seatbelt on!!*

 

[rmoeller]

I hate asking this. Do you think Tim's body was able to fit into the incinerator in one piece? Ugh, what a terrible question

Also I've been searching for the fireside furniture and sausage photos. Where can I find them?

 

[deugirtni]

I hate asking this. Do you think Tim's body was able to fit into the incinerator in one piece? Ugh, what a terrible question

Also I've been searching for the fireside furniture and sausage photos. Where can I find them?

Remember the photo of the forensic scientist inside the incinerator? There seemed to be plenty of room, so you can safely get that nasty out of your mind I don't recall seeing those other photos either. Not sure if they got posted? Maybe someone else will be able to locate them.

 

[rmoeller]

Thank you, I was looking at those photos of the incinerator again. It's been bugging me for days.

Remember the photo of the forensic scientist inside the incinerator? There seemed to be plenty of room, so you can safely get that nasty out of your mind I don't recall seeing those other photos either. Not sure if they got posted? Maybe someone else will be able to locate them.

 

[Arnie M]

Has anyone looked up the stats/blue book of the Cadillac? I've been picturing a junker based on the condition of DM's other vehicles and his implied willingness to part with it.

Price varies between $8,000 to $20,000 for that era Eldorado convertible .... often depends on the color and condition .... the one DM had was a drab burgundy (not so desirable) .... if it was candy red with white interior it would be more desirable.

I have owned 3 of those cars but never a convertible .... I made an offer on it when SS put it up for sale but never heard back ..... I presume it sold , price was "reasonable" if you like the color (I did not)

I am certain it came from Carls collection ..... it is in vg condition .... and NO .... there is no way I could see MS "the skateboarder" owning it .... nor could I see DM handing it over to an unemployed druggie

Furthermore , to hand over a $15,000 mint Cadillac for a $5,000 stolen Ram truck is ridiculous any way you look at it .... there is absolutely no way the car was part of the deal .... unless it was one of DM's empty promises he held out to MS but I doubt it , even MS would know it did not add up.

ps Notice I valued the stolen Ram truck at $5,000 ... that is even high .... car theft rings pay the nighttime thief as little as $1,000 to deliver a stolen vehicle to them. If DM put the word on the street he was paying $5,000 for one his parking lot would be full by morning.

This Cadillac-for-payment thing going on in court must have come from the moon ..... the same moon Dellen said he did not go to
.

 

[Arnie M]

hmmm IF they were only on a scoping mission at the time of the test drive, then WHY did DM have the plates off the red Dodge??? Premeditation on DM's part for sure, unless they were going to try the hot wire trick!!!!
If they were planning on coming back after the test drive later that night or a day later with the red Dodge plus the trailer then they would NOT have needed the plates. JMO

Good point ... that alone should be convincing evidence DM was planning to steal it that night ..... the question is did Mark know the plates were there ahead of time .... in court he made it sound like DM first told him the plates were in the back of the Yukon when they got to Bobcat.

If I was on the jury I could possibly buy the scope-now ~ steal-later plan .... but never would believe the ~ scope-at-9:30 and steal-at-2:00 AM ~ plan they are presenting in court.

As dumb or as smart as they pretend to be , they would know the test drive a couple hours earlier would be linked to them. To winch it into a trailer next week would be plausible .... but like you say , they would not need the plates that night.

Not to mention DM had purposely got Mr Vilada to bring him the Red Ram some days earlier so he would have the plates and the VIN number..

 

[Arnie M]

I actually felt bad for NS when I read a tweet where he said to MS something to the effect of, I know I'm not the best questioner. Poor guy is doing his best to unsettle MS and having a difficult time of it. DM is likely the author of NS's questions.
All MOO.

Zactly what I thought too .... it must be DM scripting those lame questions . Makes me think he is still living in a delusional world .... the comment by the prison psychiatrist stuck out for me ..... the Dr. said he had never seen anyone handle so much and remain so calm.

 

[slowsleuthy]

this is the bobcat vid, where MS see's DM put the gun in his sachel looking like a lunatic, thats where they changed the plates, according to MS's story (pffft).

https://youtu.be/9-Ia9blifPw

once again i say look at the vid from 0:55 to 1:12 and keep watching it over n over until it "clicks in" what i'm about to say ok.

this shows you only one thing, how the driver of the Yukon rolls up bumper to bumper to TB's truck without any hesitation whatsoever. At this point TB believes (according to MS) there are two people in the Yukon, but yet he's parking bumper to bumper. ODD no? It seriously looks to me that MS knew TB has already been shot, and no reason to hide the fact that he's alone in the Yukon. To me this just shows a well thought out plan where both players are fully aware of whats going on at every step. Thoughts? jmo

 

[Arnie M]

I wonder if there is any significance to the fact that CN had been prepared for an 'all nighter' but based on her freaking out and calling AM, MM had not been prepared for that. Slim support for MS not knowing?

good catch JuneBug ... that is one of those nuggets of testimony that goes in favor of MS.

A good defense lawyer (Mr Dungey) could use it in his closing arguments to the jury.

So if he does .... it would confirm he has staff who read your post ...

 

[Arnie M]

And all while taking the entire 3 yrs to meticulously figure out how to frame his "best friend" through his letters to CN?
Not sure that's going to go over so well. JMO

Excellent point canadiangirl .... I had come to a similar conclusion several threads ago .... I re-read all his jailhouse letters and never once does DM take the position he did not do it .... instead he focused on hanging it on someone else and trying to manipulate witnesses to alter testimony

He never asked CN to manipulate MS because MS was going to be the fall guy .... DM wanted himself to merely be the guy who wanted to buy a truck , not steal one or kill anybody .... and his lawyer is still trying to paint it that way in court but he is looking more and more foolish every day.

At least his manipulation of his lawyer is understandable because he is paying him ..... or should we say he is promising to pay him .... haaaa.

 

[Deleted member 102539]

Just reading and trying to catch up now. :tyou: to all those who provided the tweets today!

Does anyone wonder why, if MS's story is true, DM would have trusted MS to follow him while driving alone with DM's dog in the Yukon AFTER TB was killed by DM? Would it not occur to DM that MS may try to take a detour and escape or that he might call the police? Was that not extremely presumptuous of DM to expect that MS would follow him with no questions asked? Why would DM expect MS to protect him or assist him in the clean up afterwards if this wasn't part of a pre-arranged plan? If MS didn't know about a plan to murder the truck owner, or at the very least a plan to try and overpower TB so that DM and MS could take the truck, then I see no reason why MS would have followed DM to the farm and later the hangar and even less that DM would have simply expected MS to. That's expecting a lot IMO and I think it's highly unlikely. I'd think it very unusual for DM to place that much trust in MS without having had some sort of conversation with MS, if not prior to the murder immediately afterwards, at least about what had happened and why and perhaps then making an impassioned plea for help. MS says DM just said he's taking the truck and directed MS to change the plates of TB's truck and MS just goes along? Why?

I believe so strongly that both DM and MS both knew the plan whatever the plan was - and we'll likely never hear the the true details of it. That one or both accused were armed with a gun and whether or not they planned ahead to kill TB, they were prepared that at least one of them, if not both, would use a gun to at the very least threaten TB with, is more believable to me than any tall tale MS or DM puts forth. No matter which one shot TB, or if they both did, that they are both guilty as charged IMO.

All MOO.

I don't have the impression MS was dependent on DM. They were real (black) soul mates (more than brothers are) and somehow equal despite one of them owning more money/more debts/more realty/more residences/more cars/more girls than the other. They were connected through their preferred lifestyle of regularly violating the law (first only doing/selling/buying drugs and then the more thrilling things) and their lifestyle of hanging after their dreams of maybe-future-events (building dream houses, having a rapper career). One of them didn't need to steal objects, one of them hadn't benefited from stealing objects - what a basis to rob people of their property, together as a close-knit and unscrupulously team. DM certainly was sure MS would follow every possible path, whether involved directly or indirectly. DM was accepted by his soul mate MS whether he one day became a murderer or not. DM accepted the black soul of his little brother as well. It was a matter of time when the first person would getting hurt along their theft missions. Reasons would have been: desperation to get some object in time, greed to own a special object, stinginess of buying something requires, lust to kill. Since DM owned a weapon (or maybe both owned a weapon) both of them DM and MS would have known what to expect some day in the future. 2013 in May the day had come: the first murder during their brotherly undertaken theft mission. As a leader type and the one, who desperate wanted a diesel truck (for Baja or "more") and the one who had his gun available in his satchel accidentally DM was the person who shot. If he had not shown a lunatic personality afterwards and if he had not wrote those treacherous letters to CN - who knows if MS would ever have taken the stand. IMO MOO

 

[Deleted member 102539]

this is the bobcat vid, where MS see's DM put the gun in his sachel looking like a lunatic, thats where they changed the plates, according to MS's story (pffft).

https://youtu.be/9-Ia9blifPw

once again i say look at the vid from 0:55 to 1:12 and keep watching it over n over until it "clicks in" what i'm about to say ok.

this shows you only one thing, how the driver of the Yukon rolls up bumper to bumper to TB's truck without any hesitation whatsoever. At this point TB believes (according to MS) there are two people in the Yukon, but yet he's parking bumper to bumper. ODD no? It seriously looks to me that MS knew TB has already been shot, and no reason to hide the fact that he's alone in the Yukon. To me this just shows a well thought out plan where both players are fully aware of whats going on at every step. Thoughts? jmo

So yet! Did MS hear the 1 bang/2 bangs others meant to be the bangs of driving across railroad tracks? He didn't say when the sound of bang/bangs rang out. He only said when DM stopped at bobcat the truck owner was dead. His story might be correct. After the bang/bangs MS knew he was allowed to drive closer to the truck.