Bosma Murder Trial 05.25.16 - Day 55

[artemis17]

Fraser says that Smich and Millard were celebrating the death and incineration of another human being." Ends his cross-examination there.
by Adam Carter 2:46 PM

Crowns last statement definitely has double meaning IMO...

 

[Errrr]

I'm wayyyy behind right now but the toolbox wasn't at Maplegate

I think he inserts mistakes on purpose to trip up MS?

 

[Crimeinthe6ix]

Crowns last statement definitely has double meaning IMO...

Oh... I see now. Wow. Good reading between the lines

 

[JuneBug67]

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 him 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 !! Shiws where his interests lie.

I have always wondered about the few minutes Dungey asked for to consult with his client after the DM said they would not be presenting evidence. Surely the decision to testify or not in this situation had been made had been discussed and made previously. Is that few minutes to discuss standard protocol to communicate one last time the potential risks and benefits of testifying? Or was Dungey using that time to either try to talk his client up or down? Interesting to wonder.

 

[Errrr]

I am sure they will have alot of 'fun' in prison! Especially the rat! LOL!

They're both rats. Maybe they can share a cell in PC together. Best Boyfriends Forever!

 

[canadiangirl]

I need to go back and read the crown's cross in full, but at first read, I'm still not feeling first degree for MS.
I feel he focused heavily on what happened "after" TB was murdered which MS already admitted to.
He also used the word "plan vs coincidence" a whole lot, which stood out to me, but not in reference prior to the night TB was murdered.

The jury sees the bigger picture IMO so whatever their verdict I would be completely respectful of because at this point I'm kinda on the fence. I do not envy them in any way.

 

[DeaconBrodie]

My guess is that Dungey said to MS, "Okay, are you sure you want to do this?" It's always MS's call and I think it would be proper for Dungey to confirm that MS hadn't had a last second change of heart before Dungey jumped up and announced that he would be calling evidence.

I have always wondered about the few minutes Dungey asked for to consult with his client after the DM said they would not be presenting evidence. Surely the decision to testify or not in this situation had been made had been discussed and made previously. Is that few minutes to discuss standard protocol to communicate one last time the potential risks and benefits of testifying? Or was Dungey using that time to either try to talk his client up or down? Interesting to wonder.

 

[leafs_fan93]

I need to go back and read the crown's cross in full, but at first read, I'm still not feeling first degree for MS.
I feel he focused heavily on what happened "after" TB was murdered which MS already admitted to.
He also used the word "plan vs coincidence" a whole lot, which stood out to me, but not in reference prior to the night TB was murdered.

The jury sees the bigger picture IMO so whatever their verdict I would be completely respectful of because at this point I'm kinda on the fence. I do not envy them in any way.

I agree with you,I'm not convinced either. While the crown painted a graphic picture of how they feel the events went down, and may have rattled MS a little, he still stuck to his story. He didn't cause him to admit to anything.

 

[Typhoo1961]

does anyone know where DM is being held during the trial?

Barton jail

 

[canadiangirl]

I agree with you,I'm not convinced either. While the crown painted a graphic picture of how they feel the events went down, and may have rattled MS a little, he still stuck to his story. He didn't cause him to admit to anything.

I agree, they painted a graphic picture. Which IMO should've been for closing arguments vs cross examination.

 

[spanishshara]

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.

Again, I disagree. He had nothing to lose. It was either first-degree with calling no evidence (like DM...which didn't necessarily work out either) or take the stand and still be stuck with the worst case scenario first-degree he's already charged with. The Crown always had enough evidence to convict IMO (and today and yesterday reaffirmed that) and TD knew MS had nothing to lose at this point. It's why TD put him on the stand in the first place.

 

[Ontario Mom]

I agree with you,I'm not convinced either. While the crown painted a graphic picture of how they feel the events went down, and may have rattled MS a little, he still stuck to his story. He didn't cause him to admit to anything.

I agree for the most part. What did stand out to me was his comment that "no one was supposed to die". I'm not even sure why, but just the way that came out makes me now think he did know DM had that gun with him. But... if the plan all along in DM's head was to kill a man, steal his truck and burn his remains, I'm not convinced at this point that MS was in on all those details.

In other words, I'm still partially on the fence.

 

[Arnie M]

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

Thats what I am looking forward to ... although they may hold some of it back if it affects the WM & LB trials , hard to say.

 

[Errrr]

I'm sure lots will start trickling out right off the bat - we had already heard about the two guns which technically shouldn't have knowledge to us

Two guns evidence was already presented by BD.

 

[DeaconBrodie]

He was risking serving a life sentence being labelled as a rat, which I understand is some of the hardest time that you can do. If convicted he will spend every second of his time with a huge target on his back. That is why DM did not testify, IMO.

Again, I disagree. He had nothing to lose. It was either first-degree with calling no evidence (like DM...which didn't necessarily work out either) or take the stand and still be stuck with the worst case scenario first-degree he's already charged with. The Crown always had enough evidence to convict IMO (and today and yesterday reaffirmed that) and TD knew MS had nothing to lose at this point. It's why TD put him on the stand in the first place.

 

[saulgoodman]

They're both rats. Maybe they can share a cell in PC together. Best Boyfriends Forever!

And......................"keep 6" Note: I despise that term!

I think whatever sentence MS gets, he will always be looking over his shoulder.

 

[Arnie M]

I think Fraser did enough to erase the doubt, for me anyways. I am still not 100% sure on whether or not Smich was in the vehicle when he was shot but I'm 100% convinced he knew the plan.

1st degree, for them both. Verdict will be reached in under 10 hours.

Yes , yes , and yes.

When MS first took the stand I allowed the possibility he was "not there" for the killing and DM might get a harsher sentence .... but not any more ... MS has made it easy for me to say max sentence for both of them. And I am sure the jury thinks the same.

 

[Webulls]

...
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.

Could not disagree more. Just because he's taking courses in prison does not for one second make him anything less than the monster he is. He's got 25 years coming at him. He best sign up for every course the prison offers.

And if/when he gets released after 25 years, maybe you can stand in line to be his neighbour. Your preoccupation with his rehab and well being is so far out of line with the disgust and horror most people feel about this killer.

 

[Errrr]

I totally agree that he did himself no favours by testifying. His consistent lying was pathetic and his bouts of going in and out of amnesia, just laughable.

I had some hope that he might just come clean and let the chips fall where they may. Instead, he did the opposite.

So many people seemed to be hoping he would get on the stand and speak the truth. His team was probably monitoring this sentiment and thought that some semblance of truth would suffice and people would believe it because they wanted it to be true. If he wanted to speak the truth he should have pled guilty.

 

[brightii]

Personally I think that DM turned TB's Ram off and shut of all it's lights as soon and he drove into the field where the Yukon was parked. By then it was dark enough. TB likely knew in that moment that things were not going to end well for him. I think DM swung open the driver's side door and got out. Suddenly (as planned) DM turned back quickly facing TB who was taken by shock and alarmed by the sight of the gun and by the look in DM's murderous eyes. DM standing outside of the truck with his arm extended into the cab of the truck, his finger on the trigger of his gun, then shot TB in an instant.

At the same time as DM had opened the driver's side door, I think MS jumped out of the vehicle from the back passenger side of the Ram (as planned) to get out of the way of the impending gunshot that MS knew was about to head straight for TB. DM and MS's simultaneous actions were choreographed prior, IMO. They weren't there in that field with TB just to steal a truck, they were there together to rob TB of his life and his truck. The passenger side window being shot out could have been done by MS shooting inward at TB again from outside the vehicle, through the window, maybe because TB's body had spontaneously twitched and MS thought he wasn't yet dead so it may have been an impulsive reaction and a second shot to make sure TB was gone.

TB's murder didn't take more than a minute or two or three from start to finish in that field, IMO and both DM and MS cleaned up the window glass from the ground and because the front passenger door was never opened, there was no blood from TB's dead body yet seeping through the truck, nor any gun casing to seek outside the vehicle. Then they immediately left the murder scene (as planned) with TB covered loosely by a tarp or a coat or some other such item and they drove to the Bobcat location to regroup and put TB's body into the back of his truck, perhaps replace license plates, change clothes and wipe themselves clean. They then carried on (as planned) to the the farm to pick up the Eliminator and then on to the hangar to incinerate him and the vehicle clean up and strip down was on. Whatever the details of their plan, TB's murder included on long and grizzly night's work for these two dangerous men. If either DM or MS are having trouble sleeping these days, perhaps that's a natural form of justice for them.

All MOO. All my own opinion and speculation