Bosma Murder Trial 05.25.16 - Day 55

[Ontario Mom]

Good work by Fraser today. I'm still not convinced MS was in the truck when Tim was shot, but the way it was reported he fumbled & stumbled through answers about the gun (and other things) tells me he knew a heck of a lot more than he's let on. He said "no one was supposed to die". I think it's possible the gun was there for show, to threaten Bosma but DM took it a step further. Either way, the Crown today dismantled MS's testimony pretty well. No idea how the jury is going to decide but it'll be interesting to hear the closing arguments by all three lawyers next week.

Thankful for the Bosma family, that this is almost over.

 

[Typhoo1961]

And isn't he still at Toronto East?

He is at Barton jail now. I guess they moved him because it is closer to the John Sopinka courthouse.

 

[canadiangirl]

I actually do believe it possible that MS didn't ask for the toolbox knowing it had the murder weapon inside of it. Why would he have wanted DM's gun on him when he thought police may be coming for him next?

I believe MS had his own murder weapon to deal with and didn't want DM's as well. Perhaps once MS received the gun from DM via MH and AM, and MS knew that DM was in custody, MS worried that it was a signal that DM would try to pin the murder on MS. MS's concern about being blamed for everything by DM could indeed induce paranoia in MS. They acted together to murder TB but both later tried to say the other was solely responsible. That's how criminals behave - they can't be trusted to hold up their end of the bargain when the heat is on.

I also believe the Crown's story about how quickly the murder took place in the field. DM would have taken the risk to leave the Yukon unattended with the dog left inside, windows rolled down for air, but only for a short amount of time. I also believe MS and/or DM scoped out TB's area by mapping it ahead online, or physically driving in the area to find the perfect spot not only to park but to murder TB.

All MOO.

I'm no dog whisperer but I tend to think that if the dog was in the Yukon with the windows rolled down while a gunshot (or shots) happened, it would freak out drawing unwanted attention ... MOO

 

[Typhoo1961]

MS had a lot to use. Testifying was a huge gamble for him. If he pulled it off, he'd just go down on charges of tampering with evidence and likely do a couple of years. If he blew it, he'd go down for murder and be forced to do hard time as a rat. DM kept his mouth closed and never pointed his finger at MS. His lawyer pointed his finger and according to the code, that is ok. the time that DM does will likely be much easier than MS's time, if MS does in fact go down.

DM sure pointed his finger at MS quite a bit in those letters imo.

 

[paris_paris]

I think DM's lawyer had a closer scenario. They headed north on Trinity towards the highway. Tim was shot. They came back south to the field. Then headed back north again. I have no idea why the neighbour said they headed west.

9:05 north
9:15 south
9:30 north

 

[Typhoo1961]

Good work by Fraser today. I'm still not convinced MS was in the truck when Tim was shot, but the way it was reported he fumbled & stumbled through answers about the gun (and other things) tells me he knew a heck of a lot more than he's let on. He said "no one was supposed to die". I think it's possible the gun was there for show, to threaten Bosma but DM took it a step further. Either way, the Crown today dismantled MS's testimony pretty well. No idea how the jury is going to decide but it'll be interesting to hear the closing arguments by all three lawyers next week.

Thankful for the Bosma family, that this is almost over.

I don't think MS was in the truck when TB was shot but I do think he knows where the gun is buried (if it is in fact buried) and is simply not telling.

 

[JuneBug67]

I'm no dog whisperer but I tend to think that if the dog was in the Yukon with the windows rolled down while a gunshot (or shots) happened, it would freak out drawing unwanted attention ... MOO

Interesting point. I am not a dog girl, but I'll take your word for this. I'm recalling testimony at the Pistorius trial that several dogs in the neighbourhood were freaking out, but the sound disturbance in that trial was more extended and the dog quarters closer.

 

[canadiangirl]

A week? Seriously? I can see giving the lawyers a few days to prepare but there's no reason they need a week. They should have been made to be ready for Monday morning.

Maybe the judge needs time. I can't imagine how mentally exhausting this is for everyone involved. I trust his judgment

 

[ILoveDateline]

I took as "I'm limiting this because you are exhausted and done, so here are the key points". It's also a lawyer's way of communicating, or trying to, that will all that questioning the Crown still hadn't proven the key issue at hand. So kind of a tactic of convenience given a tired client, and potentially a read on a tired jury who he was trying to score some points with.

And isn't he still at Toronto East? Not important, but..

And yet, TD didn't ask "were you in the truck when TB was shot?". Why not? If it was a quick recap of the key points, how could he have missed that big one?

I don't think MS was in the truck when TB was shot but I do think he knows where the gun is buried (if it is in fact buried) and is simply not telling.

 

[DeaconBrodie]

Because MS called evidence, both defendants must present their closes before the Crown (651(1) of the Criminal Code).

I believe that the order that the defendants close will be the same as it was on the Indictment which is usually in alphabetical order as it was in this case, DM, then MS, but I'm not 100% certain of that. If you're going to commit a crime with a buddy, make sure his name is before yours alphabetically. JMO

Can someone please remind me about the order of the closing arguments. Will they begin with DM, then MS and finish with the Crown? Or will they be done in another order? TIA.

All MOO.

 

[brightii]

I'm no dog whisperer but I tend to think that if the dog was in the Yukon with the windows rolled down while a gunshot (or shots) happened, it would freak out drawing unwanted attention ... MOO

That could very well be that the dog was barking and upset but wherever one believes TB was shot and killed, obviously no one heard or reported the gun shot(s) or the dog howling. People are distracted by noises in their own homes and cars and there may not have been a soul around within earshot at the time TB was killed. If a commotion was heard, perhaps people just ignored it after the moment passed. That happens all the time IMO.

I am as you know convinced by the Crown's theory, but I respect those who don't accept it. Bottom line for me is that I believe that MS was involved in the planning and the execution of a truck theft that resulted in TB's murder and incineration. I think the Crown made a very solid case to support that belief. Whatever MS had to say in his own defence did not convince me otherwise. Remember, I was for a very long time hoping to be convinced that MS was not guilty so I understand how others want to believe him, but after all the evidence I don't believe MS's story anymore.

All MOO.

 

[leafs_fan93]

For some reason MS is afraid to admit that they were ever in the actual field. Small detail, big meaning. A concious Tim would not be going along with this willingly.

This is what makes me think it's possible his story is a form of the truth. I feel like if he were inventing a story to fit know evidence, he would say oh yeah that's my lighter, I probably dropped it when I was getting into the Yukon after Dellen dropped me off, or he would say that DM backed into the field to drop him off, thus fitting with the evidence of the neighbour saying two vehicles pulled out of the field.

Also, someone correct me if I'm wrong, but I believe MM testified that she was there when Mark was speaking with AM about getting the drugs, and that she never heard him ask for any toolbox. Most people feel she was the most truthful of all the witnesses, so I'd think people might believe this?

 

[Errrr]

Agreed, IIRC the only thing they have mentioned finding was a lighter.

I'm of the camp that thinks if MS was in fact in the Ram when TB was shot, there would have been, in the least, a trace of GSR or blood in the Yukon.

Maybe the crown is trying to trick him into admitting where the shooting actually occurred? If the shooting happened in the field I would think they would have turned up more evidence than a lighter? Can't those dogs detect blood or maybe smell death? Why would they go all the way to Paris to move the body to the box?

 

[DeaconBrodie]

I'm not an expert on the 'rat code', but I think you can tell your girlfriend about it, just never rat to the cops and never rat in Court. It's no joke, they take it really seriously. JMO

DM sure pointed his finger at MS quite a bit in those letters imo.

 

[sab_bri]

I was curious so i looked up the Barton Jail. I came across a great article - My apologies if it was posted here before, Admin please remove if not allowed..

http://www.thespec.com/news-story/4413905-barton-jail-on-the-other-side-of-the-fence/

does anyone know where DM is being held during the trial? If convicted does anyone know where they will serve their time or if they will be serving their time in the same prison?

 

[JuneBug67]

Because MS called evidence, both defendants must present their closes before the Crown (651(1) of the Criminal Code).

I believe that the order that the defendants close will be the same as it was on the Indictment which is usually in alphabetical order as it was in this case, DM, then MS, but I'm not 100% certain of that. If you're going to commit a crime with a buddy, make sure his name is before yours alphabetically. JMO

I lol'd. It's R. v Millard and Smich on the Laura Babcock case as well. I'm remembering an old post that had a list of advice for DM et al like "wash your murse". "Be alphabet sensitive" definitely could be retroactively added.

 

[leafs_fan93]

Once the Jury is deliberating, we will hear about some of the evidence that was thrown out.

Only if the publication ban is lifted. I wouldn't get my hopes up with CNs trial upcoming, as well as DM and MS have cases upcoming. I'd think it's possible the pub ban remains in effect so as not to taint a possible jury pool(in reference to DM and MS only as CNis trial by judge)

 

[canadiangirl]

Interesting point. I am not a dog girl, but I'll take your word for this. I'm recalling testimony at the Pistorius trial that several dogs in the neighbourhood were freaking out, but the sound disturbance in that trial was more extended and the dog quarters closer.

Well if they are claiming TB was shot in the field, that's really close to Pedo in the truck with windows down
Most dogs do not like loud noises. Fireworks, gunshots etc. JMO

 

[Errrr]

MS seems to be reluctant to discuss MWJ. I wonder why?

"Unfortunately for Ward-Jackson, despite the discharge from Justice Di Zio, he’s still in the new and newly notorious Toronto South super jail due to another set of charges he faces, allegedly selling guns to Dellen Millard."

http://www.annrbrocklehurst.com/tag/matthew-ward-jackson

MOO

Too late now! It appears Squishy is screw screw screwed.

 

[Abitcountry]

MS had a lot to use. Testifying was a huge gamble for him. If he pulled it off, he'd just go down on charges of tampering with evidence and likely do a couple of years. If he blew it, he'd go down for murder and be forced to do hard time as a rat. DM kept his mouth closed and never pointed his finger at MS. His lawyer pointed his finger and according to the code, that is ok. the time that DM does will likely be much easier than MS's time, if MS does in fact go down.

DM kept his mouth shut......but his letters spoke volumes and he was ready to throw Smich and every single one of his friends and acquaintences under the bus to get out of the charges against him.
At least MS had the guts to speak for himself and put himself out there for 9 gruelling days.....if he just made the point that he was not the shooter, it may just earn himself a better cell than Millard has had to live with at Barton Street and that has got to mean something. I really have trouble believing that a lawyer the stature of Dungey would not have prepared Smich properly regarding his chances of success on the witness stand.....what would be the point?
I am not a huge fan of MS and I have every confidence that the jury will get it just right in his case. But I do think that the personal progress that he has made in terms of education and behaviour over the past 3 years is a hopeful sign.....and I would like to see him continue on that road in a federal facility that will support his goal to do college courses. I am thinking ahead to the day when he may again find himself free and living as someone's neighbour---better that he continue to rehab himself I think
And for those that are opposed to my view on the matter...... I say save it for DM who in the same 3 years smuggled out of his jail some 51 letters illegally.....sells coffee and whatever on the inmate jailhouse market, hiding in segregation and worked with his 'mutty' arranging questionable conveyances of property to protect his assets from future civil litigation !! Shows where his interests lie.