Bosma Murder Trial 05.31.16 - Day 56 - Closing Arguments Begin

[Claroon]

Originally Posted by meterclicks
"Opting to build an open trailer makes no sense at all" if Millard was planning to use it to incinerate a body," Pillay says.
by Adam Carter 10:30 AM

Pillay says Millard also could have put a tarp on the device to hide it from plain view, but didn't.
by Adam Carter 10:31 AM

"If this was a planned and deliberate murder, why not have a tarp?" Pillay says. "It would most certainly occur to the calculated murderer."
by Adam Carter 10:32 AM




Interestingly... today I was driving down the road.. okay, so for the past 4 months it seems that most thoughts that go through my head can somehow be related to this case, it's bizarre. There was this truck towing what appeared to be a wood chipper, which had a tarp tied around the top of it. I wondered why someone would *put* a tarp around a piece of machinery.. because to me, it looked like perhaps there might be something to hide.. I see woodchippers being trailed behind trucks at various times, and never see them tarped, until today. Must have been a calculated murderer, should have called the police!

ETA: so my point being.. of *course* he's not going to tarp that monstrosity to bring even more attention onto himself lugging it down the road in darkness with a body inside. Get a grip RP!

Lol,yes. I see a lot of trucks pulling strange things too and every time I do, I w-o-n-d-e-r what it is and if it was obtained legally I'm also cautious (nosey) about men in work vests now too especially if carrying a suspicious tool box.

 

[Claroon]

My point is that MS had absolutely no use for the caddy

except maybe for his up and coming rap video similar to what krucifix14 did.

 

[Juballee]

Well yes I do know this but however I think they are ugly boat sized cars and would draw attention. MS didn't have a licence.

Rappers like attention.

MM was supposedly getting her licence.

MS's mom said to police that MS was worried that now he'd never get that car.

But your opinion of them is perfectly valid

 

[Juballee]

And then how would he register the vehicle? If the vehicle isn't registered he has less than 12 months before he becomes bait to a pull over ... and then what?

Is there something about the caddy I don't know that makes it impossible to register? Was it stolen? Were there no papers to sign over and a bill of sale couldn't be made?

 

[deugirtni]

I have been having that trouble for days. Posted about it 2 weeks ago.
I found it was the adds from the Los Vegas Belagio hotel that was grabbing my page.
I get out of it by hitting the back arrow and then going back to that page hoping that the Belagio add isn't there.
Sometimes takes a few tries.
For this I will never go to the Belagio again.
There are much better casinos.

 

[Juballee]

Maybe MS would ask his sister to register it and insure it her name until MS got his license and established out west.

All MOO.

That could explain why MS was in such a hurry to get the truck then and not content to wait another 6 months.

Remember the texts that said that if they did it right, they could get a truck by the next time DM went to the states? That text was in April of 2012, and I believe he visited the states shortly after that and seemed fine with not having the truck.

But MS may have only had the one chance to have his sister from Calgary there to help.

All my opinion only.

 

[deugirtni]

Pillay says "conveniently" Smich said he was in another vehicle.
by Adam Carter 4:11 PM

What time did MS text MM that he was busy because he was driving?

MOO

Interesting point.

From AC's live blog:

• Apr 21 2016 11:07 AM
She says they had one phone call, and he said he was "busy and driving" -- but he didn't have a license or car.

• Apr 21 2016 11:08 AM
She says that phone call happened around 9 p.m. on May 6.

Timeline:
From Trial Evidence:

-- 8:46pm .... Yukon (said to match DM's) going south (toward TB residence) on Trinity (5:46pm on SS video per Plaxton)

-- 9:05pm .... Vehicle similar to Bosma truck going north on Trinity (away from TB residence) (6:05p on SS video ignored by Plaxton in his testimony)

-- 9:05pm .... confirmed time the Bate & Bosma phones walked in Bosma yard (cellphone exhibit + SB testimony)

-- 9:15pm .... Vehicle similar to Bosma truck going south (toward TB residence) on Trinity (6:15pm on SS video ignored by Plaxton)

-- 9:19pm .... MS receives text from MM (per cellphone exhibit)

-- 9:20pm .... Vehicle similar to Bosma truck going north on Trinity (away from TB residence) followed immediately behind by Yukon (said to match DM's)(6:15pm on SS video per Plaxton)

-- 9:20pm .... MS texts MM (final txt from MS phone on May 6th and then it is shut down/loses power/whatever) (per cellphone exhibit) NOTE: Is this the communication wherein MS informs MM that he is driving/busy?

-- 9:20pm .... MS receives text from MM (per cellphone exhibit)

-- 9:15-9:30pm TB neighbour Bullman estimates time he saw 2 trucks pull out from his father's farm field at corner of Trinity & Book and then proceed straight through Trinity travelling west towards Brantford on Book (per Bullman testimony and police statement made much later than the event date)

-- 9:??pm .... MS tells MM on a phone that he was 'busy and driving' (per MM testimony, but I can't find it on the cellphone exhibit, unless it is the final outgoing text from MS's phone at 9:20pm?)

-- 9:23pm .... Bate phone pings in Ancaster (at Wilson Street Tower) and is shut down forever (per Jackson testimony)

-- 9:44pm .... DM phone pings in Brantford (per cellphone exhibit)

-- 9:47pm .... the 2 trucks arrive at Bobcat in Brantford (per Bobcat video per Plaxton)

--10:02pm .... TB phone is turned off after a quick browser use (per Jackson testimony)

--10:22pm .... SB begins texting TB 'where are you'

Note that in this timeline theory, it took 27 minutes to travel from Supersucker in Ancaster to Bobcat in Brantford, which would match if they took Trinity -> Wilson -> turns into Colborne -> Brant Ave -> turns into Paris Rd -> Powerline -> OakPark; FWIW MS has testified under oath that they did not travel on the highway during this trip.)

Timeline:
From DM's Lawyer's Theory (not evidence) combined with evidence:

Just for interest, if we plug in the 10 additional arbitrary minutes that DM's lawyer proposes, even though this is not considered evidence:

-- 8:56pm .... Yukon (said to match DM's) going south (toward TB residence) on Trinity (5:46pm on SS video per Plaxton + 10 arbitrary mins added by NS theory only)

-- 9:05pm .... confirmed time the Bate & Bosma phones walked in Bosma yard (cellphone exhibit + SB testimony)

-- 9:15pm .... Vehicle similar to Bosma truck going north on Trinity (away from TB residence) (6:05p on SS video ignored by Plaxton in his testimony + 10 arbitrary mins added by NS theory only)

-- 9:19pm .... MS receives text from MM (per cellphone exhibit)

-- 9:20pm .... MS texts MM (final outgoing txt/communication from MS phone on May 6th and then it is shut down/loses power/whatever) (per cellphone exhibit) NOTE: Is this the communication wherein MS informs MM that he is driving/busy?

-- 9:20pm .... MS receives text from MM (per cellphone exhibit)

-- 9:15-9:30pm TB neighbour Bullman estimates time he saw 2 trucks pull out from his father's farm field at corner of Trinity & Book and then proceed straight through Trinity travelling west towards Brantford on Book (per Bullman testimony and police statement made much later than the event date)

-- 9:??pm .... MS tells MM on a phone that he was 'busy and driving' (per MM testimony, but I can't find it on the text/phone exhibits?)

-- 9:23pm .... Bate phone pings in Ancaster (at Wilson Street Tower) and is shut down forever (per Jackson testimony)

-- 9:25pm .... Vehicle similar to Bosma truck going south (toward TB residence) on Trinity (6:15pm on SS video ignored by Plaxton + 10 arbitrary mins added by NS theory only)

-- 9:30pm .... Vehicle similar to Bosma truck going north on Trinity (away from TB residence) followed immediately behind by Yukon (said to match DM's)(6:15pm on SS video per Plaxton + 10 arbitrary mins added by NS theory only)

-- 9:44pm .... DM phone pings in Brantford (per cellphone exhibit)

-- 9:47pm .... the 2 trucks arrive at Bobcat in Brantford (per Bobcat video per Plaxton)

--10:02pm .... TB phone is turned off after a quick browser use (per Jackson testimony)

--10:22pm .... SB begins texting TB 'where are you'

(Note that in this theory, it took only 17 minutes to travel from Supersucker in Ancaster to Bobcat in Brantford, which would only be possible if hwy#403 was taken, which, FWIW, MS has testified under oath that this did not happen.)

 

[swedie]

I'm still not buying that he was that desperate for a truck. He also wanted it before JV went to New Mexico to pick up the dune buggy. That didn't happen and he ended up taking the red truck. If worse came to worse, the red truck could still go to Baja as well. The trailer would still need to be finished on time.

The circumstances weren't very good that night either. Even if it was nighttime, there were two eye witnesses standing right in the driveway. Maybe taking a chance on the theft with those witnesses seeing them, but murder? When a truck disappears or doesn't come back, it's one thing. When the owner doesn't come back either, LE looks at things a lot faster and closer.

So you believe DM wasn't that desperate for a truck. Perhaps you are right and he was more desperate for the thrill of murdering again. The added bonus was TB's truck, which was debate numerous times over in the past three years. As I mentioned earlier, IF he was not desperate for the truck, why keep the red herring then? Why not driving it to some secluded location and torch it or drive it into a lake/body of water, under the cover of darkness, after all it's not like there is a shortage of bodies of water within the GTA right or the didn't know how to flick a lighter or strike a match?! He went to desperate lengths to keep the truck even when he became suspicious the gig was up. Nothing like keeping a prime piece of evidence hidden in your own mother's driveway until the smoke settled...so at least he thought.

Apparently DM liked to make others do his dirty work. That's why he sent AJ on that trip to Mexico. If his Dodge broke down it would be AJ who was inconvenienced not DM. DM didn't want to chance his Dodge making another trip to Mexico while he was behind the wheel, hauling a massive trailer and on a deadline to get to the Baja race. Time was ticking and he desperately wanted a Dodge diesel. Isn't that what AM testified to? Ok maybe AM didn't say DM was desperate for one, but after well over a year and still no luck, sometimes desperate people do desperate things. What I find interesting is that fact that within approximately a month IIRC of the first google search for a Dodge diesel truck, DM's father ends up dead. Did good ol' dad say "no more money, no more toys" one too many times for sonny boys liking?

IMO DM was willing to take the risk of being identified instead of raising suspicion by wearing a disguise and having TB denying him the test drive based on suspicion. DM was probably hoping the odds were in his favour TB would be the only person to greet him at the Bosma residence that night. Perhaps after the fact, he felt SB and WD didn't focus on him too closely but more so their attention fell on his sketchy "buddy" in tow. Besides what is so outstanding about DM that would make him easy to identify? It's not like he had any outstanding features like a big wart on his nose or a big L tattooed on his forehead. The description given by SB and WD likely fit 50% + of the male population, age 20 to 30 years of age, in the GTA and DM knew that.

IMO both DM and MS knew there was going to be a murder of the owner over the theft of a Dodge diesel truck. All premeditated and planned right down to the use of the incinerator. They never bothered moving the incinerator prior because they didn't know when they were going to be successful of getting their next victim and his truck. ALL MOO.

 

[Deleted member 102539]

IMO he didn't hide anything because in his mind he could just frame MS and this was his plan from day 1. MOO

Could it be their common strategy (discussed about during the last 50 minutes they saw each other on 10th May) to remain silent (they did for 3 years) and/or finally to point the finger to each other to cause enough doubt?

 

[andreww]

MM was eager to marry him, I'm sure she'd drive it for him to Calgary if that's what he wanted.

MM didn't want to go to Calgary. And did Calgary even come up before the murder? I took Smich's wanting to go to Calgary as a way to escape the heat he was feeling in this investigation.

And I believe that whole Caddy thing is BS anyway. On May 7-10 is there any texts between MS and DM indicating Smich wanted to pick up his new car? No. Is there ever any mention of the car in texts between them? No. If anything the Caddy was just another carrot used by Millard to get Smich to play along. Kinda like the recording studio.


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[Elisabeth]

Maybe MS's plan was to have his sister drive it back to Calgary with him after his other sister's wedding was over.

All MOO.

Or he only needed it as a prop for his rap videos.

 

[Deleted member 102539]

My point is that MS had absolutely no use for the caddy

You are right - if he did not want to drive with his recently "earned" Caddy in front of a big company at Calgary to take his next auxiliary job, perhaps.

 

[andreww]

Is there something about the caddy I don't know that makes it impossible to register? Was it stolen? Were there no papers to sign over and a bill of sale couldn't be made?

I think the problem for Smich would be, as Pillay noted, he was broke. So let's say Millard gives him the car. Smich would need to come up with cash for provincial sales tax and new plates. But first he'd need proof of insurance, which for a guy in his early 20s just having acquired a license and with a DUI under his belt, would easily be in the $500 per month area. Then he's going to have to come up with gas and maintenance money as well.

Now we all no Smich didn't have a real job for quite some time, and being a small time drug dealer wasn't exactly making him rich, so I don't think a car would have been something he aspired to. Smich didn't like work, liked to sleep late and drink and smoke his days away. The only way to maintain that lifestyle was to keep his expenses low. A car would mean he'd need an income and that didn't seem like it was likely to happen.


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[MsSherlock]

So you believe DM wasn't that desperate for a truck. Perhaps you are right and he was more desperate for the thrill of murdering again. The added bonus was TB's truck, which was debate numerous times over in the past three years. As I mentioned earlier, IF he was not desperate for the truck, why keep the red herring then? Why not driving it to some secluded location and torch it or drive it into a lake/body of water, under the cover of darkness, after all it's not like there is a shortage of bodies of water within the GTA right or the didn't know how to flick a lighter or strike a match?! He went to desperate lengths to keep the truck even when he became suspicious the gig was up. Nothing like keeping a prime piece of evidence hidden in your own mother's driveway until the smoke settled...so at least he thought.

Apparently DM liked to make others do his dirty work. That's why he sent AJ on that trip to Mexico. If his Dodge broke down it would be AJ who was inconvenienced not DM. DM didn't want to chance his Dodge making another trip to Mexico while he was behind the wheel, hauling a massive trailer and on a deadline to get to the Baja race. Time was ticking and he desperately wanted a Dodge diesel. Isn't that what AM testified to? Ok maybe AM didn't say DM was desperate for one, but after well over a year and still no luck, sometimes desperate people do desperate things. What I find interesting is that fact that within approximately a month IIRC of the first google search for a Dodge diesel truck, DM's father ends up dead. Did good ol' dad say "no more money, no more toys" one too many times for sonny boys liking?

IMO DM was willing to take the risk of being identified instead of raising suspicion by wearing a disguise and having TB denying him the test drive based on suspicion. DM was probably hoping the odds were in his favour TB would be the only person to greet him at the Bosma residence that night. Perhaps after the fact, he felt SB and WD didn't focus on him too closely but more so their attention fell on his sketchy "buddy" in tow. Besides what is so outstanding about DM that would make him easy to identify? It's not like he had any outstanding features like a big wart on his nose or a big L tattooed on his forehead. The description given by SB and WD likely fit 50% + of the male population, age 20 to 30 years of age, in the GTA and DM knew that.

IMO both DM and MS knew there was going to be a murder of the owner over the theft of a Dodge diesel truck. All premeditated and planned right down to the use of the incinerator. They never bothered moving the incinerator prior because they didn't know when they were going to be successful of getting their next victim and his truck. ALL MOO.

Totally agree. IMO, DM never viewed any of his actions as taking a risk. We all knew exactly why he had bought the incinerator and we also know that he used it quite effectively to get rid of LB. RP is right- DM is smart and really liked to have things planned- he had the incinerator ready to go. Showing his face to SB wasn't a big risk for him. He didn't have a criminal record- he had no reason to steal a truck- so if and when LE ever showed up to question him if they did, they would find no motive, no truck and in DM's mind, TB would have been just another one of those guys who left his family behind to take on a new life- just like LB.

If HPS did not take TB's disappearance seriously, if DM had not been carded and if IT had not remembered the tattoo, this trial may not be happening today. DM had it planned so well- the burner phone, truck painter, incinerator. Finger prints and DNA mean nothing if LE can't match them to someone.

"DM is too smart"??? Reeeeaaaallllyyy? Sorry RP- DM is no different than the other murderous psychopaths we've seen in the past: clever, conniving, charming, manipulating. Once the Crown closes up, I don't think the Jury will have any problem enhancing the jail system with DM's superior intelligence. MOO

 

[andreww]

The thing that strikes me odd about Millard's version of events is; why would there have been a need for Smich to have his gun out at that point of the test drive? So they are driving nicely on the 403, Smich pulls out his gun and says what? Get out? Would not it make more sense to wait until you are on a deserted side road to pull the gun? IMO the only reason Millard says he's on the 403 is because it makes him every bit as vulnerable as TB, he's flying the plane and can't do anything to stop Smich or assist TB. Total BS. Similarly, Smich's story that he was only in the truck for mere seconds, supports his innocence nicely but again seems very unlikely.

 

[Juballee]

I think the problem for Smich would be, as Pillay noted, he was broke. So let's say Millard gives him the car. Smich would need to come up with cash for provincial sales tax and new plates. But first he'd need proof of insurance, which for a guy in his early 20s just having acquired a license and with a DUI under his belt, would easily be in the $500 per month area. Then he's going to have to come up with gas and maintenance money as well.

Now we all no Smich didn't have a real job for quite some time, and being a small time drug dealer wasn't exactly making him rich, so I don't think a car would have been something he aspired to. Smich didn't like work, liked to sleep late and drink and smoke his days away. The only way to maintain that lifestyle was to keep his expenses low. A car would mean he'd need an income and that didn't seem like it was likely to happen.


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But wasn't there a job waiting for him in Calgary? Surely that would have provided more than $500 a month for his car, and likely MM would have been working too. Let's not forget that even as a broke hoodlum with no job, he still somehow managed to afford pot and cigarettes and alcohol. Personally I have no problem seeing him want to move up from riding a skateboard at the age of 25.

 

[JuneBug67]

The thing that strikes me odd about Millard's version of events is; why would there have been a need for Smich to have his gun out at that point of the test drive? So they are driving nicely on the 403, Smich pulls out his gun and says what? Get out? Would not it make more sense to wait until you are on a deserted side road to pull the gun? IMO the only reason Millard says he's on the 403 is because it makes him every bit as vulnerable as TB, he's flying the plane and can't do anything to stop Smich or assist TB. Total BS. Similarly, Smich's story that he was only in the truck for mere seconds, supports his innocence nicely but again seems very unlikely.

I had that same issue. Why does MS get close enough to Tim with a gun for a struggle to ensue while flying down the highway? What would have been the demand? Cell phone maybe? It's hard to put together.

 

[Ontario Mom]

The more I think about this, the more I have to conclude this was quite possibly the most stupid, ill-planned "plan" in the history of stupid plans. I'm still not convinced it was an actual plan (never have been), but if it was, you would think DM and MS would have taken at least half as much care to detail as they did with all the other "missions" that included scoping things out, walkie-talkies, lookouts, etc.

We're expected to believe this plan was hatched over a year before the actual murder but in all that time these two never took the time to make sure everything was in place before the night of May 6 or even before the weekend of test drives? Something just isn't adding up for me. I'm really hoping the Crown can clear it up.

 

[don_quixote]

About the possible suppressor. The barrel in the pictures does not have threading for a suppressor. It's impossible to reliably install one without a threaded barrel. I've never handled a PPK, but I handled a very similar Makarov, similar caliber, same action. Some say Makarov was "inspired" by the PPK. The barrel on Makarov is not easily replaceable. Needs to be welded on. Which makes sense for a blowback action - it doesn't require recoil locking and welding simplifies the mechanism. Further, procuring a suppressor in Canada would be a major PITA. In Canada suppressors are only available to the military (may be not even LE). Even in the US, each suppressor requires a separate BATF certificate.

The plastic bottles, etc, may be it will work, may be not. It works in movies. Although, I can't imagine how a plastic bottle is going to dissipate the blast energy. Plus, that wouldn't be easily concealable. He'd need to make his satchel out of a potato sack. Plus, blowback action is somewhat sensitive to the amount of recoil and may not cycle properly if there is any problem with attachment that affects slide and action cycling, and amount of impulse from the discharge.

Overall, suppressor is not a very good idea (ok, it's a very bad idea). Not like they had too many good ideas, but this is too much even for the bozos. There was no suppressor.

 

[tommyR]

Not here, actually feel bad for a lawyer who knows his client's guilt is obvious, and has to some way, some how, spin a tale of innocence. Pillay did his best, with what he had to work with. Just glad that's done. Change my mind nope!

I don't think you would feel so bad for Mr Pillay if you saw the bill DM's mother has to pay. But yes agree Pillay had an impossible case and his team no doubt worked tirelessly on this defence.