Bosma Murder Trial 05.24.16 - Day 54

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Smich says he never saw Millard try to use the Eliminator for pet cremation. Fraser says the only evidence of use for the Eliminator came from forensic teams. All they found was human remains. "That's the only thing that Eliminator was used for," Fraser says. "No sir, that's not correct," Smich says.
by Adam Carter 12:14 PM

Smich agrees his evidence was Millard asked him to put Bosma in the Eliminator, and he said no.
by Adam Carter 12:15 PM

"On your evidence, you didn't help Mr. Millard put Mr. Bosma in that incinerator ... from the evidence we've heard, you both had bum shoulders," Fraser says.
by Adam Carter 12:16 PM
 
Fraser says the distance from the bottom of the unit to the opening is four feet, six inches. "It's a two man job," Fraser says. "It took two of you to put Mr. Bosma in the Eliminator."
by Adam Carter 12:17 PM

"No sir," Smich says.
by Adam Carter 12:17 PM

Bosma was 170 pounds, Fraser points out.
by Adam Carter 12:18 PM
 
Fraser now wants to show a conversation between Millard and Isho. Millard's lawyers object because Smich wasn't involved.
by Adam Carter 12:19 PM

Goodman asks the jury to step out for a few moments.
by Adam Carter 12:19 PM
 
Lisa Hepfner tweet: There is evidence there may well be two guns, Fraser says. Through Brendan Daly (Smich friend) He wants to bring texts to show that.

All MOO.
 
I hope the Crown wins this legal argument about the the possibility of two guns.

All MOO.
 
Goodman tells the jury to disregard a comment Fraser made about "two guns" being involved before they were sent out. "What counsel say is not evidence," Goodman says.
by Adam Carter 12:29 PM

Now texts from Smich to Millard on Oct. 1, 2012. Smich shot a photo of a 3500 tow truck and sent it. Millard answers "did you get the 3500's #?!?" Smich says, "Yessir, ;)."
by Adam Carter 12:31 PM

Smich says they scoped out this truck, but didn't steal it.
by Adam Carter 12:31 PM
 
The Crown lost that fight, but they're going to win the battle.

Jury told to disregard his comment about "two guns" before they were sent out, (paraphrasing AC tweet).

All MOO.
 
Smich also said, "I'm always working lol." "So it's funny that you and Mr. Millard are continuing to engage in criminal conduct," Fraser says.
by Adam Carter 12:32 PM

"You seem to be scoping a lot, but you're not stealing much," Fraser says -- he says that's because "this was a plan with a difference. The plan with a difference was the killing of a human being and the incineration of a human being." Smich says "that's not the plan."
by Adam Carter 12:34 PM

Now Oct. 8, 2012. Smich texts "Yeaow. 3500 Mi negro. Lol :). It' all about me, you, myself and my greed get TXDeed, we be taking anything we need that means everything, ineed"
by Adam Carter 12:35 PM

Millard answers "nice rhyme!!"
by Adam Carter 12:36 PM
 
Fraser says this is showing a togetherness between the two.
by Adam Carter 12:37 PM

Then in October, they stole the Bobcat with other people, Fraser says. But the 3500 plan is just the two of them.
by Adam Carter 12:37 PM

"When the subject moves to the 3500, we know that criminal venture is to the exclusion of everybody else except you and Dellen Millard," Fraser says.
by Adam Carter 12:38 PM
 
Goodman tells the jury to disregard a comment Fraser made about "two guns" being involved before they were sent out. "What counsel say is not evidence," Goodman says.
by Adam Carter 12:29 PM

This frosts my glass.
If Isho DM text evidence shows that DM bought two guns, it cheeses me off that this isn't allowed. We have a good Justice system in Canada, but it seems heavily weighted in favour of the criminals rights, than the victims rights.
The justice system should be a voice for the victim, not trumped by legal system.
 
"And you did it," Fraser says. "Not the way it was supposed to happen," Smich says.
by Adam Carter 12:39 PM

Now a text from Nov 25, 2012 from Smich to Millard. "Did u order those things yet. I got a way better idea. Talk to me tomorrow. For that one. And we can run 35 tomorrow." Millard says "I like new ideas." Smich responds. "Dog. Simple. Remember these things." Smich also says "Maybe my idea isn't that good. I thought further. We lose to much. Lol."
by Adam Carter 12:41 PM

"Why do you need so many ideas? Isn't it as simple as steal a truck?" Fraser says. Smich says there were lots of different plans Millard came up with.
by Adam Carter 12:42 PM
 
It appears to me that we are seeing and hearing new details of texts that we did not hear before.

If I didn't believe that MS was fully complicit in the beginning, these texts would be opening up my eyes bigtime.

Keep 'em coming. I want to see both of them go down and be gone gone gone.
 
"It's pretty darn simple to put your mind to stealing a truck if you want to steal a truck," Fraser says. Smich agrees it's not that complicated, but each time they scoped one, something changed. "You never had that problem with the Bobcat or the trailers," Fraser says.
by Adam Carter 12:44 PM

Smich agrees that he and Millard were "pretty good at thieving." He says they did "almost get caught" with the Bobcat though.
by Adam Carter 12:45 PM

"You know Mr. Smich, you're very quick to put everything on Dell ... but you were chiming in with your suggestions. You were all on this ... you weren't Dellen Millard's patsy, you were his partner in crime," Fraser says. Smich says no, "My ideas are not that good."
by Adam Carter 12:46 PM
 
Goodman says we're about to see texts from April 6 2013. He says the admission of these texts provides context for the rest of the messages attributed to Smich. They are not admissible against Millard.
by Adam Carter 12:47 PM

Millard writes: "reminds me, Shane's starting modification on the white van for search and capture missions." Smich responds "I love search and destroy. Lol."
by Adam Carter 12:48 PM

There was no white van involved in the Bosma incident, Fraser says. The white van was a MillardAir company van.
by Adam Carter 12:49 PM
 
"Search and destroy is part of a video game that I'm making reference to," Smich says.
by Adam Carter 12:49 PM

"How I put that jokingly is about a video game where you plant a bomb in the other person's base and run away."
by Adam Carter 12:50 PM

"There is nothing in that message from Mr. Millard that even hints at a video game," Fraser says.
by Adam Carter 12:50 PM
 
"You are responding with a clear interest to search and destroy," Fraser says.
by Adam Carter 12:51 PM

Smich says he'd make, "stupid jokes." He says he was referring to Call of Duty: Modern Warfare.
by Adam Carter 12:52 PM

Now from April 11 from Smich. "Semi auto.. Fully auto... Or I got six shots like "oh my god, yo! Holy like the f--kin bible, praise your lord, hope for survival...get it in? Nah! We get it done ... Sippin on some f---kin rum, while she jigglin her bum, that's where I am f---kin from."
by Adam Carter 12:53 PM
 
"Search and destroy is part of a video game that I'm making reference to," Smich says.
by Adam Carter 12:49 PM

"How I put that jokingly is about a video game where you plant a bomb in the other person's base and run away."
by Adam Carter 12:50 PM

"There is nothing in that message from Mr. Millard that even hints at a video game," Fraser says.
by Adam Carter 12:50 PM

BBM

So this MS can remember with great clarity and detail however, he can't remember where the gun got buried, can't recall this and doesn't know that. Doesn't know where his red hoodie got to etc. etc. etc. Hmmmm....

If I'm a Juror, you just got busted!
 
Fraser says this is a "clear expression of violence." Smich says rhyming is a "clear expression of art."
by Adam Carter 12:53 PM

Now from April 16, 2013: "They chose to call me MARK at birth, but they shouldve called me MERK, All I do is put in work, no fun and games, till someones hurt."
by Adam Carter 12:55 PM

"You wrote it, and you're okay with people getting hurt," Fraser says. Smich says he wrote it backwards, and it should be "it's all fun and games until somebody gets hurt."
by Adam Carter 12:57 PM
 
Do NOT discuss posts that have been removed.

:tyou:
 
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