Bosma Murder Trial 05.31.16 - Day 56 - Closing Arguments Begin

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I'll repost in 20 if I can do it. I'm working on something at work that I have to get done today. If I'm able to take over, it might be intermittently and I'm only free up to 3:00 pm.

Thanks for managing the live tweets solos this AM.

Sorry folks, I can't post the live tweets this afternoon. :(

Plus, I keep crashing despite the fix I did this morning.
 
Does anybody know if Tim hunted? I know we saw the luminal pic of the truck bed, but was that ever confirmed to be Tim's blood? Could it have been deer blood?

Do we know if MS may have put the cut out carpet temporarily in the back of the truck while DM was out getting gas?

MOO
 
Does anybody know if Tim hunted? I know we saw the luminal pic of the truck bed, but was that ever confirmed to be Tim's blood? Could it have been deer blood?

Not many animals are open season at that time of the year. Although we know the Turkey hunters were out.

MOO
 
Very good point. I was an avid big game hunter, and still today I notice any gun shots, and I live and cottage in remote areas of Northern Ontario. This would be something that even if folks are used to, would remember in the immediate post days of the crime.

MOO

you just reminded me, hunting has to be a certain distance from any roads. So if a gun went off that close to the road, someone would have heard it (likely that witness) and he would have made note of it because it's close by to a road.
 
I never understood why the Crown decided to put forth the theory that TB was shot in that field. It doesn't matter where he was shot. Everyone agrees that he was shot so instead of guessing, the Crown should have admitted that only MS and DM know exactly where the shooting occurred and then pointed to the evidence that shows that they both planned the murder.

By claiming that it was in a field and nobody nearby heard it, they only weakened their case and opened a crack that the defence will try and widen into reasonable doubt.

JMO

I've never understood how they got stuck on that field which is why I posted several days ago that we must be missing something. I wondered out loud whether some evidence had been suppressed and we would find out something after the jury was sequestered. I am guessing that we are going to find out about some evidence that was disallowed. MOO
 
Does anybody know if Tim hunted? I know we saw the luminal pic of the truck bed, but was that ever confirmed to be Tim's blood? Could it have been deer blood?

Good questions Andrew but I'm thinking that LE has tested the blood to determine if it was human.
 
Once again, it is quite legal to shoot coyotes (of which there are many) if they are causing an issue. Agreed you are not supposed to shoot after dark but if you have a predator on your property hurting livestock or humans you can shoot it.

Also, I have several hunting dogs and hunt. My dogs don't jump at the sound of a gun. They notice it and look to where it came from.

The other point that I have made before is that the Hamilton Anglers and Hunters Association is right in the middle of this small area. Alberton Rd to be exact. People in this area are immune to the sounds of shots and may not have thought anything of it.

MOO
 
you just reminded me, hunting has to be a certain distance from any roads. So if a gun went off that close to the road, someone would have heard it (likely that witness) and he would have made note of it because it's close by to a road.

IIRC, there are different rules for shotguns and rifles for obvious reasons.

Most experienced hunters can tell the difference between a rifle and a shotgun shot. The higher velocity of the rifle bullet creates a distinct boom with a 'crack' from the sonic boom of the bullet. Shotguns are more of a 'boom'. Too many variables for this occurrence to know what the sound was like. It could be substantially muffled by the closed windows, and the distance to the target.

MOO
 
Good questions Andrew but I'm thinking that LE has tested the blood to determine if it was human.

I would have to go back and try to find the testimony specific to this but I think if it had been animal blood vs. human blood that point would have been made. I don't recall a discussion regarding animal blood. Maybe someone else can recall.
 
Quick Question - Do we know if MB is in court today to watch the proceedings?
 
My only guess is that they needed a discrete area to stop. Oak Park Rd may not be that discrete, but it is a long, straight road with very little traffic at night and you can see well in advance if anyone's coming toward you. If they did in fact take the 403 through Brantford and exit at Paris Rd, Oak Park Rd is among the few side streets before you get to Paris. It could have been an impromptu decision to pull over and perhaps move the body into the truck bed. I dunno. IMO there are so many possible explanations and not enough evidence to say one way or the other. They were probably improvising and making decisions on the fly, so it just played out the way it did.

That's where DM's lawyer said they stopped and DM was freaking out because Tim had a phone. I expect that's about the time SB started calling/texting Tim and DM heard the phone.
 
Pillay now talking about when Smich called Andrew Michalski and told him to round up the drugs in Millard's house. Pillay says Smich also wanted "the thing" Hagerman had.
by Adam Carter 2:24 PM
Permalink


Now showing the photo of Smich holding a gun on August 3, 2012.
by Adam Carter 2:23 PM


This is from July 2012. "He's telling you, this is his gun," Pillay says.
by Adam Carter 2:22 PM


Pillay now posting some of Smich's rap lyrics. "My 380 is NO stranger, when I'm angered you're in danger."
by Adam Carter 2:21 PM


Pillay also showing texts from April 2012, where Millard said he stole practice ammo for Smich.
by Adam Carter 2:21 PM


Pillay now showing the photo of the gun taken on Smich's Blackberry from March 11, 2012. Pillay says Smich has a "vested motive" to distance himself from the gun.
by Adam Carter 2:20 PM


Pillay says the jury knows Millard acquired the gun, but that is was acquired for Smich. "As early as 2012, the Walther was Mr. Smich's gun."
by Adam Carter 2:19 PM


Pillay says the gun went off accidentally. "Somebody killed somebody for a truck. Not even Mr. Smich."
by Adam Carter 2:18 PM


"He did so because he wanted to turn the scoping mission into a robbery."
by Adam Carter 2:17 PM


Now going into the ownership and possession and the gun. Pillay says Smich owned the gun used to kill Bosma.
by Adam Carter 2:17 PM


Pillay again saying the shooting didn't happen at the Book Road field.
by Adam Carter 2:16 PM


Pillay will now continue his closing address to the jury.
by Adam Carter 2:15 PM


Court now back in session.
by Adam Carter 2:14 PM
 
"Her capacity for dishonesty runs deep," Pillay says.
by Adam Carter 2:53 PM
Permalink


Pillay now playing audio from when Meneses testified, where she says she lied in a statement to police.
by Adam Carter 2:53 PM


So in a five minute span, Pillay is asking the jury to believe something Meneses said, but then says she's a "proven liar."
by Adam Carter 2:51 PM


Pillay says "relying on the evidence of Miss Meneses is very dangerous" because she is a "proven liar" who has given "inconsistent statements."
by Adam Carter 2:50 PM


Pillay says this shows Bosma was killed by Smich, who screwed up a robbery.
by Adam Carter 2:49 PM


Pillay now playing Wayne De Boer's testimony when he describes Smich being "reclusive."
by Adam Carter 2:48 PM


Pillay now pointing to one of Millard's letters, where he writes, "It was Mark who f--ked up a truck robbery. Not me."
by Adam Carter 2:46 PM


Pillay also playing audio where Christina Noudga also agreed that Smich said "I f--ked up." In each case, they're agreeing with a suggestion Millard's lawyers are bringing forward.
by Adam Carter 2:45 PM


"His mistake was bringing a gun to a scoping mission and trying to turn it into a robbery," Pillay says.
by Adam Carter 2:44 PM


This is a woman who has every reason to help Smich, and she is reporting Smich said the same thing, Pillay says.
by Adam Carter 2:43 PM


Pillay now replaying the audio from when Marlena Meneses agrees that Smich also said, "I f--ked up" to her.
by Adam Carter 2:43 PM


Pillay says the "f--k up" was Smich admitting that the gun had gone off.
by Adam Carter 2:41 PM


"He made it clear the mistake he made was his and his alone," Pillay says.
by Adam Carter 2:40 PM


Pillay now replaying the audio from Brendan Daly's testimony, where he agrees that Smich said to him 'I f--ked up."
by Adam Carter 2:40 PM


"You simply don't bury evidence that could prove your innocence. You bury evidence that could sink you," Pillay says.
by Adam Carter 2:38 PM


"Mr. Smich knows exactly where that gun is, ladies and gentlemen," Pillay says. "The gun could determine the course of the entirety of his life."
by Adam Carter 2:37 PM


"He then rides off into some unknown, mysterious Oakville forest, where he buries it," Pillay says. "Remarkably, he then loses all memory of anything that could lead to the discovery of that gun."
by Adam Carter 2:36 PM


Pillay now pointing to how Smich first tried to sell then gun, and that he then got rid of it.
by Adam Carter 2:35 PM


Pillay says Daly and Michalski's evidence corroborates each other.
by Adam Carter 2:35 PM


"Mr. Smich is an intimidating person who instills fear in these men," Pillay says.
by Adam Carter 2:34 PM


"These are Mr. Smich's own words to a close confidant," Pillay says. "This gun, was his gun."
by Adam Carter 2:32 PM


"He testified that Smich told him the gun in the toolbox was his personal gun," Pillay says.
by Adam Carter 2:31 PM


Pillay says that Brendan Daly was "clearly hostile" towards Millard, and was aligned with Smich.
by Adam Carter 2:31 PM


Pillay now showing a portion of the letters where Millard writes that he didn't want Michalski moving anything.
by Adam Carter 2:30 PM


Pillay just replayed the audio of Michalski's testimony where he says he was afraid of Smich.
by Adam Carter 2:29 PM


"Smich was desperate to get it back," Pillay says.
by Adam Carter 2:28 PM


"Smich knew that Hagerman had the toolbox with the gun," Pillay says.
by Adam Carter 2:27 PM


Michalski did as he was told, Pillay says. "He was concerned because of Mr. Smich's angry manner," Pillay says.
by Adam Carter 2:26 PM
 
That's where DM's lawyer said they stopped and DM was freaking out because Tim had a phone. I expect that's about the time SB started calling/texting Tim and DM heard the phone.
Wasn't it stated that there was no activity on TBs phone for most of the test drive?
 
Sorry the tweets are upside down but I'm new to this and not sure if my internet connection will hold.
 
Pillay now talking about when Meneses was at Smich's sister's wedding, days after the murder. She says she was distraught. Pillay now showing photos of Meneses at the wedding, smiling with Smich. "A picture tells 1,000 words," he says.
by Adam Carter 2:55 PM​
 
Pillay also showing the text message where Meneses texts her sister and says "our wedding is next" about her and Smich.
by Adam Carter 2:56 PM
 
And now we are reminded of why no one likes lawyers. Just throwing everything at the wall and alternating between using peoples testimony to prove DMs innocence and then calling them liars.
 
Pillay now talking about when Meneses cancelled the phone that Smich was using.
by Adam Carter 2:57 PM
 
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