Bosma Murder Trial 05.24.16 - Day 54

[littlesauce]

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!

I disagree. If he was an avid gamer then a term like "search and destroy" would easily be remembered if it was part of a game. I know in my personal life, I often reference movies, songs, etc. that are relevant to the situation. Who's to say he doesn't do the same with a video game reference and easily remember what "search and destroy" referred to? MOO.

 

[littlesauce]

Side note, am I the only one who can only see Adam Carter's feed? Is no one doing the other tweets today?

 

[meterclicks]

Smich says it's an art form, not an expression of hurting someone.
by Adam Carter 12:57 PM

Sachak says in the urban slang dictionary, "Merk" means "to kill."
by Adam Carter 12:57 PM

Smich again says it's "just a rhyme."
by Adam Carter 12:58 PM

 

[Massasauga Rattler]

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

If the Crown is suggesting that this implies the planning of a kidnapping and murder, then they have just also suggested that SS is also part of it. Then why is he not charged as well. How can the Crown have it both ways?

 

[meterclicks]

Now on the lunch break until 2:15 p.m.
by Adam Carter 12:59 PM



Going to need someone to pick up once court resumes. I'll be away. Thanks in advance!

http://live.cbc.ca/Event/The_Tim_Bosma_trial_May_24

 

[Arnie M]

Adam Carter 11:41 AM
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."

Interesting text four days before Wayne M was killed ... (WM died Nov 29 , 2012)

 

[Just4TB]

Now from April 16, 2013: "They chose to call me MARK at birth, but they shouldve called me MERK" by Adam Carter 12:55 PM

Jerk the Merk some more, Fraser!! :clap:

 

[Mikala]

That's what I'm saying. It doesn't nail him for anything except AATF right now.

Thought I'd cut and paste Section 231 of the Canadian Criminal Code....

• 231 (1) Murder is first degree murder or second degree murder.

• Marginal notelanned and deliberate murder

• 
  (2) Murder is first degree murder when it is planned and deliberate.

• Marginal note:Contracted murder
  
  (3) Without limiting the generality of subsection (2), murder is planned and deliberate when it is committed pursuant to an arrangement under which money or anything of value passes or is intended to pass from one person to another, or is promised by one person to another, as consideration for that other’s causing or assisting in causing the death of anyone or counselling another person to do any act causing or assisting in causing that death.

• Marginal note:Murder of peace officer, etc.
  
  (4) Irrespective of whether a murder is planned and deliberate on the part of any person, murder is first degree murder when the victim is
  • (a) a police officer, police constable, constable, sheriff, deputy sheriff, sheriff’s officer or other person employed for the preservation and maintenance of the public peace, acting in the course of his duties;
  • (b) a warden, deputy warden, instructor, keeper, jailer, guard or other officer or a permanent employee of a prison, acting in the course of his duties; or
  • (c) a person working in a prison with the permission of the prison authorities and acting in the course of his work therein.

• Marginal note:Hijacking, sexual assault or kidnapping
  
  (5) Irrespective of whether a murder is planned and deliberate on the part of any person, murder is first degree murder in respect of a person when the death is caused by that person while committing or attempting to commit an offence under one of the following sections:
• • (a) section 76 (hijacking an aircraft);
  • (b) section 271 (sexual assault);
  • (c) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm);
  • (d) section 273 (aggravated sexual assault);
  • (e) section 279 (kidnapping and forcible confinement); or
  • (f) section 279.1 (hostage taking).

• Marginal note:Criminal harassment
  
  (6) Irrespective of whether a murder is planned and deliberate on the part of any person, murder is first degree murder when the death is caused by that person while committing or attempting to commit an offence under section 264 and the person committing that offence intended to cause the person murdered to fear for the safety of the person murdered or the safety of anyone known to the person murdered.

• Marginal note:Murder — terrorist activity
  
  (6.01) Irrespective of whether a murder is planned and deliberate on the part of a person, murder is first degree murder when the death is caused by that person while committing or attempting to commit an indictable offence under this or any other Act of Parliament if the act or omission constituting the offence also constitutes a terrorist activity.

• Marginal note:Murder — criminal organization
  
  (6.1) Irrespective of whether a murder is planned and deliberate on the part of a person, murder is first degree murder when
  • (a) the death is caused by that person for the benefit of, at the direction of or in association with a criminal organization; or
  • (b) the death is caused by that person while committing or attempting to commit an indictable offence under this or any other Act of Parliament for the benefit of, at the direction of or in association with a criminal organization.

• Marginal note:Intimidation
  
  (6.2) Irrespective of whether a murder is planned and deliberate on the part of a person, murder is first degree murder when the death is caused by that person while committing or attempting to commit an offence under section 423.1.

• Marginal note:Second degree murder
  
  (7) All murder that is not first degree murder is second degree murder.

• R.S., 1985, c. C-46, s. 231;
• R.S., 1985, c. 27 (1st Supp.), ss. 7, 35, 40, 185(F), c. 1 (4th Supp.), s. 18(F);
• 1997, c. 16, s. 3, c. 23, s. 8;
• 2001, c. 32, s. 9, c. 41, s. 9;
• 2009, c. 22, s. 5.

Previous Version

 

[Arnie M]

I always wondered if that's why the wood chipper was stolen. If that was an original "plan" to dispose of bodies

That is what I always figured it was for.

 

[Tealgrove]

I disagree. If he was an avid gamer then a term like "search and destroy" would easily be remembered if it was part of a game. I know in my personal life, I often reference movies, songs, etc. that are relevant to the situation. Who's to say he doesn't do the same with a video game reference and easily remember what "search and destroy" referred to? MOO.

He was also a career criminal at this point and took part in the murder of an innocent man. Seems to me that I'd be remembering a whole lot about that. Funny how he can remember about his games but can't remember the pertinent parts revolving around a MURDER that he took part in.

Just saying.....

 

[Just4TB]

If the Crown is suggesting that this implies the planning of a kidnapping and murder, then they have just also suggested that SS is also part of it. Then why is he not charged as well. How can the Crown have it both ways?

I believe the distinction between MS and SS is that SS did not participate in the execution of the kidnapping, theft that led to murder, while MS did participate.

 

[JuneBug67]

If the Crown is suggesting that this implies the planning of a kidnapping and murder, then they have just also suggested that SS is also part of it. Then why is he not charged as well. How can the Crown have it both ways?

Honestly, this whole thing isn't hanging together that great for me. It has the feel of overreach, and a prosecution trying to selectively load a story onto texts that aren't quite strong enough to hold it up.

 

[CJPRINCESS]

Side note, am I the only one who can only see Adam Carter's feed? Is no one doing the other tweets today?

I'd do the others but with my new updated phone it's too tough for me. AC's is hard for me but doable.

 

[Errrr]

I always wondered if that's why the wood chipper was stolen. If that was an original "plan" to dispose of bodies

Maybe that's why the height was so awkward, the wood chipper nozzle goes right into the top?

 

[littlesauce]

He was also a career criminal at this point and took part in the murder of an innocent man. Seems to me that I'd be remembering a whole lot about that. Funny how he can remember about his games but can't remember the pertinent parts revolving around a MURDER that he took part in.

Just saying.....

Do you remember quotes from your favourite song or movie that you would recognize in an instant? To me, his remembering "search and destroy" is to the same effect. JMO

 

[Claroon]

I disagree. If he was an avid gamer then a term like "search and destroy" would easily be remembered if it was part of a game. I know in my personal life, I often reference movies, songs, etc. that are relevant to the situation. Who's to say he doesn't do the same with a video game reference and easily remember what "search and destroy" referred to? MOO.

Yes, but this was used in a continued conversation of planning a deadly mission. Put it in context and it's creepy. IMO

 

[Claroon]

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.

I wonder if these were presented only in legal arguments before. These are powerful and incriminating, not to mention, creepy. I can just see them driving around grabbing people, putting them in the van and incinerating them. Glad they are off the street!!!!

 

[Claroon]

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.

Not to consider it but doesn't mean they didn't catch it in their mind's eye, though they wouldn't admit to doing so IMO.

 

[brightii]

Honestly, this whole thing isn't hanging together that great for me. It has the feel of overreach, and a prosecution trying to selectively load a story onto texts that aren't quite strong enough to hold it up.

I think given that there is likely a whole lot more incriminating evidence against both MS and DM that the Crown has not been able to present due to legal arguments, I think the Crown is doing a great job with what they can present.

BD did testify that MS said he owned a gun, and yet today because the texts that may have further supported that testimony were not allowed because the texts were between DM and MWJ only, and MS was not included in those texts. Short of a confession by either or both accused, I think the Crown has to work within the limitations of the law, but common sense shows me at least that MS was in on the planning of the murder and incineration of TB. Even if MS did not directly commit the murder, I believe that the Crown has already succeeded in showing that MS knew what DM wanted and MS helped him in every way possible to accomplish the mission for murder.

I don't expect that MS will suddenly admit anything more on the stand, and I don't think the Crown expects he will either, but considering all the damning evidence and witness testimony against MS, the Crown is not reaching to prove their case IMO, they are hoping that the jury will evaluate everything and come to the conclusion that MS is guilty.

I am rooting for the Crown because DM and MS need to be put in prison for a very long time. If I were on the jury, in good conscience, I could not risk letting either of them loose among the public.

All MOO.

 

[Webulls]

That is what I always figured it was for.

Pretty sure they got the idea from the movie Fargo. I would bet $1M on it. I can just see the psychopath DM laughing at that point in the movie, and I can see the demented gears in his brain going "Aha! Gotta get one of those!".