Bosma Murder Trial 05.25.16 - Day 55

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Lisa Hepfner ‏@HefCHCHNews 32s33 seconds ago
#Bosma jury back. Still discussing trip down his driveway. 3 in his truck. Millard driving, Smich behind Bosma in psgr seat

molly hayes ‏@mollyhayes 13s14 seconds ago
Fraser asks if Smich observed any nervousness or unease on #Bosma's part when he got into the truck that night. Smich says no sir.

Alex Pierson ‏@AlexpiersonAMP 49s50 seconds ago
Jury back. Fraser cont questioning leaving Bosma home. @AM900CHML

Susan Clairmont ‏@susanclairmont 48s48 seconds ago
Fraser asks about #Bosma truck leaving for test drive. Millard driving, Bosma in passenger seat, Smich in back. Was Bosma nervous? Agitated?

molly hayes ‏@mollyhayes 23s23 seconds ago
Fraser asks, when they are still in the driveway, if there was any discussion between he and Mr. #Bosma. Smich says no.

Alex Pierson ‏@AlexpiersonAMP 12s12 seconds ago
Fraser asks if Tim was nervous? Agitated? MS. "No" Fraser asks if their conversation. "No. " may have been w DM. He cldnt hear. @AM900CHML

Lisa Hepfner ‏@HefCHCHNews 5s5 seconds ago
Smich says #TimBosma did not look ill at ease while in the truck in driveway. Smich & Bosma didn't speak. Millard & Bosma maybe, he says

Susan Clairmont ‏@susanclairmont 37s37 seconds ago
Smich answers no. Smich says he doesn't talk to #Bosma. Millard and Bosma talking? "There may have been. I wasn't in the truck long enough."

molly hayes ‏@mollyhayes 46s47 seconds ago
Fraser asks about #Bosma and Millard. Smich says he's not sure, wasn't in the truck long enough to hear.

molly hayes ‏@mollyhayes 28s29 seconds ago
Fraser suggests that while Smich was in that truck he would've been listening for any exchange. He agrees.

Lisa Hepfner ‏@HefCHCHNews 32s33 seconds ago
Wasn't Smich listening to the conversation? Yes. Fair to say Smich was hanging back in shadows & sketchy? "I was scoping out," he says

molly hayes ‏@mollyhayes 25s26 seconds ago
Fraser asks if the description of him that night as "sketchy" is fair. Smich says he was there scoping out. Says it's someone else's opinion

Susan Clairmont ‏@susanclairmont 11s12 seconds ago
Fraser asking if Smich was behaving in a "sketchy" way? Smich: "Well, I was scoping out..." Leave driveway, Millard pumps brakes.

Colin Butler ‏@ColinButlerCBC 30s30 seconds ago
Fraser asks him if "sketchy" is a fair way to describe him that night. Smich says "I was scoping out so.." He appears to trail off. #Bosma

Lisa Hepfner ‏@HefCHCHNews 26s26 seconds ago
When they leave the #Bosma driveway, Millard slams on brakes and says he got a msg from (fictional) friend who couldn't find Tim Hortons

molly hayes ‏@mollyhayes 24s24 seconds ago
As they leave driveway, Fraser says, Smich has said Millard pulled out phone/referenced fictional text about friend around the corner.

Susan Clairmont ‏@susanclairmont 44s44 seconds ago
Millard gets "text" from fictional friend who went to find Tim Hortons. Smich now knows something is "different" about plan.
 
Fraser says Millard pumped the breaks, and said he got a message from a fictional "friend" who couldn't find Tim Hortons.
by Adam Carter 10:47 AM

Fraser asks about conversation at that time. "I can't recall exactly the conversation other than that," Smich says. "I can't even explain what was going through my mind at that time ... I just went along with it."
by Adam Carter 10:48 AM

Fraser asks if Bosma's demeanour changed then, and he says he doesn't recall.
by Adam Carter 10:49 AM
 
Smich says he knows he didn't speak, unless he said "okay."
by Adam Carter 10:49 AM

"I don't recall the conversation they would have been having," Smich says.
by Adam Carter 10:49 AM

Smich testified Millard had said he wanted Smich to get out and follow in the Yukon. Fraser says this would have seemed unusual.
by Adam Carter 10:50 AM
 
molly hayes ‏@mollyhayes 39s40 seconds ago
Fraser asks Smich about any conversation he heard in that truck at that moment. "The plans are changing again, right Mr Smich?" #Bosma

Lisa Hepfner ‏@HefCHCHNews 26s27 seconds ago
What conversation did Smich hear when the plans changed again at this point? "I can't recall exactly, other that that...."

molly hayes ‏@mollyhayes 39s39 seconds ago
Smich says he can't recall exactly the conversation. #Bosma

Susan Clairmont ‏@susanclairmont 32s32 seconds ago
Smich: "I can't recall exactly the conversation...Maybe he really did get a text message...I can't say exactly what I was thinking."

Lisa Hepfner ‏@HefCHCHNews 27s27 seconds ago
"I can't explain what I was thinking. Maybe he really did get a text message. I just went along with it," Smich says

Susan Clairmont ‏@susanclairmont 26s27 seconds ago
Fraser: What's going on in that truck. Did you make observations of change in Bosma's demeanor? Smich: "Not that I'm aware of."

Lisa Hepfner ‏@HefCHCHNews 21s22 seconds ago
What observations did Smich make about Millard's appearance during the Tim Hortons conversation? Nothing he can recall

molly hayes ‏@mollyhayes 11s12 seconds ago
Fraser asks again if Smich noticed any change in #Bosma's demeanour at this moment.

molly hayes ‏@mollyhayes 25s25 seconds ago
"I know I didn't speak, that's for sure, unless I said 'ok.' Like I said I don't recall exact conversation," Smich says. #Bosma

Susan Clairmont ‏@susanclairmont 20s20 seconds ago
"I know that I didn't speak," says Smich. "And I don't recall the conversation they would have been having." #Bosma

Alex Pierson ‏@AlexpiersonAMP 1m1 minute ago
MS can't recall what was said in truck. "I can't say what I was thinking. I just went along." Fraser presses if Bosma changed. Spoke?

Lisa Hepfner ‏@HefCHCHNews 35s35 seconds ago
"I know that I didn't speak, for sure. Unless I said, 'OK,' and I don't recall their conversation," Smich says.

molly hayes ‏@mollyhayes 34s34 seconds ago
He can't recall any conversation or observations. "It was literally around the corner and I got out," he says. #Bosma

Susan Clairmont ‏@susanclairmont 15s15 seconds ago
Smich: "It was literally around the corner and I got out." Fraser quoting Smich from exam in chief: Millard said for Smich to follow.
 
"There were lots of unusual things that night, especially going on a test drive in the evening hours," Smich says.
by Adam Carter 10:51 AM

"If you're Mr. Bosma, you may well have some concern about what's happening," Fraser says.
by Adam Carter 10:51 AM

Smich says yes.
by Adam Carter 10:51 AM

Dungey objects, says this is speculation. Goodman says he's allowing it.
by Adam Carter 10:52 AM
 
Susan Clairmont ‏@susanclairmont 33s33 seconds ago
Millard says follow so at end of test drive they can go home in Yukon and #Bosma can go home.

Lisa Hepfner ‏@HefCHCHNews 30s30 seconds ago
Acc to Smich, Millard drove around corner to Yukon and tells Smich, why not go with 'him' and follow. When we end test drive we can leave.

molly hayes ‏@mollyhayes 17s17 seconds ago
Fraser quotes Smich's testimony. In which he said Millard said why don't you get out/you guys follow us? So we don't have to come back here

Susan Clairmont ‏@susanclairmont 24s25 seconds ago
Fraser suggesting #Bosma may have some concern about what's happening. Smich agrees things were happening in way they didn't plan for.

molly hayes ‏@mollyhayes 20s21 seconds ago
Fraser suggests #Bosma might have been suspicious at this point about what was happening.

Lisa Hepfner ‏@HefCHCHNews 20s21 seconds ago
Smich says he went along, taking hints with Millard, pretending there is someone else in Yukon. Odd situation for a test drive, Crown notes

Colin Butler ‏@ColinButlerCBC 50s51 seconds ago
Smich says there was a lot of unusual things going on that night. He just went along with it. #TimBosma

Lisa Hepfner ‏@HefCHCHNews 34s34 seconds ago
"The test drive was clearly not happening in a way contemplated by yourself or Mr #Bosma," Fraser says. The plan had changed.

molly hayes ‏@mollyhayes 32s32 seconds ago
Fraser suggests that the test drive at this point was not happening the way he (or #Bosma) had expected. "The plan had changed," Fraser says

Susan Clairmont ‏@susanclairmont 41s42 seconds ago
Fraser clarifies that test drive was unfolding in way Smich and Bosma didn't imagine. Dungey objects. Judge allows it.

molly hayes ‏@mollyhayes 21s21 seconds ago
Dungey objects. Judge allows the question. Fraser asks again if the plan had now changed, both to him and Mr #Bosma.

Lisa Hepfner ‏@HefCHCHNews 19s20 seconds ago
The plan wasn't to go around the corner, so obviously the plan changed shortly after the test drive began. Smich agrees

Susan Clairmont ‏@susanclairmont 16s17 seconds ago
Fraser: the plan in terms of the test drive had changed? Smich: "I don't recall if there was a plan." It was a change for Smich...
 
molly hayes ‏@mollyhayes 35s35 seconds ago
Smich doesn't recall if there had been a test drive plan (discussed with Mr #Bosma). He agrees the plan as he knew it had changed.

Susan Clairmont ‏@susanclairmont 22s22 seconds ago
Smich is not sure if it was a change in Bosma's mind....Court reporter having tech difficulties with recording — so we're paused...

molly hayes ‏@mollyhayes 18s18 seconds ago
Brief pause because court reporter is having some technical difficulties.

Lisa Hepfner ‏@HefCHCHNews 10s10 seconds ago
Court is delayed because the reporter is having trouble with her equipment.
 
Smich says for him, this was a change in plans.
by Adam Carter 10:53 AM

Fraser asks Smich if he remembers Sharlene Bosma testifying that Bosma said he would be "right back." Smich says he doesn't recall hearing that.
by Adam Carter 10:56 AM

Smich says he "didn't observe" Bosma expressing any worry or nervousness when Smich got out to follow in the Yukon.
by Adam Carter 10:56 AM
 
Colin Butler ‏@ColinButlerCBC 54s55 seconds ago
Court reporter had some technical problems. We're back after the glitch. #TimBosma

Susan Clairmont ‏@susanclairmont 23s24 seconds ago
Fraser asking if Smich recalls Sharlene's testimony that Tim said "I'll be right back"? Smich says he doesn't recall her saying that.

Colin ButlerVerified account ‏@ColinButlerCBC 3m3 minutes ago
Fraser asks whether the text was a change in plan for the test drive, Smich agrees it was. #TimBosma #Bosma

molly hayes ‏@mollyhayes 1m1 minute ago
Fraser asks if he recalls Sharlene's testimony that Tim #Bosma said he'd be right back. Smich recalls but can't say if he heard him say that

Lisa Hepfner ‏@HefCHCHNews 48s48 seconds ago
Fraser recalls Sharlene Bosma testified #TimBosma said he'd be right back, after he got in for the test drive. Smich doesn't recall that.

Susan Clairmont ‏@susanclairmont 35s35 seconds ago
Fraser asking what #Bosma did when they stopped at Yukon on Book Road? Smich says he didn't observe anything.

molly hayes ‏@mollyhayes 30s30 seconds ago
Fraser asks again what #Bosma was doing/saying when they stopped at the Yukon. Smich doesn't recall any observations.

molly hayes ‏@mollyhayes 46s46 seconds ago
Smich says he just got out to get into the Yukon and follow. #Bosma

Lisa Hepfner ‏@HefCHCHNews 44s44 seconds ago
"Of course there was no discussion whatsoever between you and Mr Millard, it was all just you picking it up on the fly," Fraser says.

molly hayes ‏@mollyhayes 37s37 seconds ago
Fraser suggests that besides Millard referencing fictional text and suggesting he get out, there was no further conversation about it.

Susan Clairmont ‏@susanclairmont 37s37 seconds ago
Smich testified earlier that he and Millard didn't discuss it when Millard told him to get into Yukon. #Bosma

Colin Butler ‏@ColinButlerCBC 47s47 seconds ago
Fraser points out that Smich said he never discussed anything with Millard. It was all improvised. Smich agrees he would have just said ok.

Lisa Hepfner ‏@HefCHCHNews 47s47 seconds ago
Other than Millard telling Smich to get in the Yukon and follow, there was no conversation? Smich agrees.

molly hayes ‏@mollyhayes 47s47 seconds ago
Smich says again he just got out. #Bosma

molly hayes ‏@mollyhayes 38s38 seconds ago
Smich says there was no chain up in that laneway that night (as we've seen in court). #Bosma

Susan Clairmont ‏@susanclairmont 29s29 seconds ago
Smich says there was no chain up that night in field lane where Yukon was parked. Court seeing aerial photo of Trinity & Book intersection.

Lisa Hepfner ‏@HefCHCHNews 9s9 seconds ago
Looking at the satellite image of Book & Trinity Rd intersection, where Smich marked where Yukon was parked & where Millard dropped him off
 
I notice Fraser is putting heavy focus and constantly throwing out the word PLAN here... interesting
Is he hoping for a "trip up?"
 
IMO, MS seems more squirmy and less confident in his answers today.
 
Susan Clairmont ‏@susanclairmont 34s34 seconds ago
Fraser trying to get Smich to pinpoint where Yukon was parked and facing which direction. #Bosma

molly hayes ‏@mollyhayes 31s31 seconds ago
Fraser asks Smich to pinpoint exactly where they parked there, and what way Yukon was facing. #Bosma

molly hayes ‏@mollyhayes 22s23 seconds ago
Smich says he can't tell from overhead view. He's now shown a photo of the laneway from the road. Chain is up in photo. #Bosma

Alex Pierson ‏@AlexpiersonAMP 8s9 seconds ago
Jury shown chained entrance off of book rd where yukon was aid to be parked. @AM900CHML

Lisa Hepfner ‏@HefCHCHNews 29s29 seconds ago
Now looking at photo of gated entrance to field on Book Rd, where Yukon was parked. The chain was down the night #TimBosma was murdered.

Susan Clairmont ‏@susanclairmont 22s22 seconds ago
Court seeing police photo of the field laneway with a chain across it. Neighbour Bowman testified chain was down that night. #Bosma

molly hayes ‏@mollyhayes 10s10 seconds ago
Fraser asks Smich to mark the photo with a rectangle to show where the Yukon was parked on that laneway. #Bosma
 
Fraser says according to Smich, he and Millard never discussed doing this. Smich agrees. "If there's anything I did say, it would have been okay, or words to that effect."
by Adam Carter 10:57 AM

Fraser now asking about the small laneway in which the Yukon was parked near the Bosma home.
by Adam Carter 10:58 AM

Smich draws where the Yukon was on a photo of the area. It's close to the road.
by Adam Carter 11:02 AM
 
Colin Butler ‏@ColinButlerCBC 33s34 seconds ago
Jury seeing photo of where Millard parked his SUV across from the Bullman farm. Fraser wants him to point where exactly they parked. #Bosma

Susan Clairmont ‏@susanclairmont 11s12 seconds ago
Smich asked to draw on photo spot where truck was parked. He indicates spot near where chain is.

Lisa Hepfner ‏@HefCHCHNews 7s8 seconds ago
Smich put a black square on an area of that photo, as a description of where the Yukon was parked. Close to the chain. #TimBosma

molly hayes ‏@mollyhayes 37s37 seconds ago
Smich marks the spot just behind where the chain is shown in photo. Says the truck pulled over just to the left of laneway, where he got out

Susan Clairmont ‏@susanclairmont 16s16 seconds ago
Crown asking where #Bosma truck was parked. Smich has drawn that on photo as well.
 
Fraser says Bosma was in the driver's seat, and they drove past the Yukon. "Past the Yukon with its lights out and nobody in it. If you're Mr. Bosma and you're sitting in that passenger seat, you'd see that parked blue Yukon with no lights and nobody in it."
by Adam Carter 11:04 AM

Smich says it was dark out, and the Yukon was tinted.
by Adam Carter 11:04 AM

"Don't you think if he saw that, he would know something was really, really wrong?" Fraser says. Dungey again objects, says he couldn't know Bosma's reaction. Goodman allows it.
by Adam Carter 11:05 AM
 
Fraser is really trying to show this morning that Tim must have known something was wrong very quickly.

I feel like he is about to pull some kind of huge evidence in regards to this.
 
Smich says he didn't see any reaction from Bosma.
by Adam Carter 11:06 AM

"He said nothing, you made no observations, you just got out of the truck and went to the Yukon?" Fraser asks. "I don't think I was in there long enough to make any observations," Smich says.
by Adam Carter 11:06 AM

Smich says the keys were in the cupholder, that's where Millard kept them. "So he leaves it wide open and leaves the keys there?" Fraser says. "This was a common thing that he did," Smich says.
by Adam Carter 11:08 AM
 
IMO, MS seems more squirmy and less confident in his answers today.

Is anyone in court today to confirm MS's demeanor? The two days I sat while he was being crossed by Sachak, his body language and voice were both solid. Hard to tell through tweets and how the reporter interprets it. Especially if that reporter is AP lol
 
Lisa Hepfner ‏@HefCHCHNews 39s39 seconds ago
Now he's marking where he says Millard parked #TimBosma truck and told him to follow in Yukon. Slightly ahead of entrance to field.

Colin Butler ‏@ColinButlerCBC 26s26 seconds ago
Now Fraser wants him to mark where the #Bosma truck pulled up. #TimBosma

Lisa Hepfner ‏@HefCHCHNews 7s7 seconds ago
The Yukon was parked with lights out, and only Pedo the dog inside. "All Mr. #Bosma would have to do is look to his right..."

molly hayes ‏@mollyhayes 39s39 seconds ago
there was nobody in the Yukon that night. Just Millard's dog. It was turned off, Fraser suggests. No lights. #Bosma

Susan Clairmont ‏@susanclairmont 32s32 seconds ago
Crown says would have passed the Yukon before pulling over and stopping. Bosma would see Yukon with nobody in it? Smich: "I'm not sure."

molly hayes ‏@mollyhayes 16s16 seconds ago
Smich says the Yukon is kind of tinted, it was dark out, and that they made a U-turn when he got out. #Bosma

Lisa Hepfner ‏@HefCHCHNews 42s42 seconds ago
"and he'd see the dark Yukon with nobody in it," Fraser says. Smich says windows were tinted. When he got out Millard did u-turn. #Bosma

Colin Butler ‏@ColinButlerCBC 30s31 seconds ago
Smich at a loss for words the says "they would have made a u-turn." #TimBosma

molly hayes ‏@mollyhayes 26s27 seconds ago
Fraser says again that "things aren't exactly happening in the way he (#Bosma) would've imagined."

Susan Clairmont ‏@susanclairmont 18s19 seconds ago
Smich: "It was kind of dark out and the windows were tinted. And when I got out, they did a U-Turn."

Lisa Hepfner ‏@HefCHCHNews 37s38 seconds ago
Imagine what #TimBosma was thinking, "he would know that something is really, really wrong." Smich lawyer objects. How can Smich know?

molly hayes ‏@mollyhayes 32s33 seconds ago
"Don't you think he would know something was really really wrong?" Fraser asks. Dungey objects-asking for speculation. #Bosma

Colin Butler ‏@ColinButlerCBC 19s20 seconds ago
Fraser asks if it's reasonable to assume that #TimBosma would have thought something was "really, really" wrong? Dungey objects.

Susan Clairmont ‏@susanclairmont 35s35 seconds ago
Fraser: "Don't you think he Bosma) would know something was really, really wrong?" Objection by Dungey, over ruled. Fraser: Did Bosma react?

Lisa Hepfner ‏@HefCHCHNews 42s42 seconds ago
Was there any reaction to this, driving past the Yukon, by Mr #Bosma. Did you see any physical reaction? No sir.

molly hayes ‏@mollyhayes 37s37 seconds ago
Fraser asks again if Smich saw any physical reaction from #Bosma to these events. Smich says no.

molly hayes ‏@mollyhayes 20s20 seconds ago
Fraser asks if heard #Bosma say anything, to suggest he knew something was wrong. Smich says no.

olin Butler ‏@ColinButlerCBC 39s40 seconds ago
Judge says must be limited to #TimBosma's reaction. Smich says he got pretty much immediately and didn't see. #Bosma said nothing, he says.

Susan Clairmont ‏@susanclairmont 36s37 seconds ago
Smich: "I got out, pretty much immediately and went to the Yukon." Says he didn't hear Bosma say anything and he observed nothing.

molly hayes ‏@mollyhayes 48s49 seconds ago
"I don't think I was in there long enough to make any observations," Smich says. #Bosma

Lisa Hepfner ‏@HefCHCHNews 39s40 seconds ago
Did he hear anything from #TimBosma to suggest he knew something was wrong? "I don't think I was in there long enough to make observations"

Colin Butler ‏@ColinButlerCBC 45s45 seconds ago
"I wasn't in there long enough to make observations," Smich says. #TimBosma

molly hayes ‏@mollyhayes 48s48 seconds ago
Fraser says again, the Yukons lights were off, the engine was off. But the keys, Fraser suggests, were in the cup holder. #Bosma

Lisa Hepfner ‏@HefCHCHNews 29s29 seconds ago
Somehow, the keys to the Yukon, are where? "In the cupholder area of the vehicle," Smich says.

Susan Clairmont ‏@susanclairmont 23s23 seconds ago
Crown: "Somehow, somehow Mr. Smich, the keys to that Yukon were where?" Smich: "They were in the cup holder." Crown: How would you know?

molly hayes ‏@mollyhayes 34s34 seconds ago
Fraser suggests If Smich had no conversation with Millard, he'd have no way of knowing the keys would be there. #Bosma

Lisa Hepfner ‏@HefCHCHNews 19s19 seconds ago
There was no conversation about that, says Smich. "It was a common thing that he did. The windows would have been open. His dog was in car."

Susan Clairmont ‏@susanclairmont 12s12 seconds ago
Smich says "this was a common thing that he did." Windows open because dog was in car. Crown: "You just got lucky that night?"

molly hayes ‏@mollyhayes 40s40 seconds ago
Smich says Millard regularly did that. "So you just got lucky that night those keys happened to be in there?" Fraser asks. #Bosma
 
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