Bosma Murder Trial 06.1.16 - Day 57 - Closing Arguments Day 2

[brightii]

Dungey apologizes for "jumping around a bit," but says he doesn't "rehearse his stuff."
by Adam Carter 1:32 PM

I don't get it. How can jumping around all over the place possibly be better advocacy than presenting a concise, organized, easy to follow argument. If you have to apologize for not rehearsing, perhaps you should have rehearsed. A man's freedom may very well hang in the balance. If I was Smich, I would not be impressed.
JMO

If I were MS, I'd be thanking my lucky stars every night for the good fortune of having TD as my lawyer. TD is a gifted lawyer, IMO and he's in his seventies, very experienced and his integrity shows. He doesn't need to rehearse, he's doing a phenomenal closing for MS, IMO - and I think MS is guilty - but TD deserves all the respect he receives, IMO.

MS actually has a hope of a getting a reduced sentence or an acquittal because TD knows how to make a case for his client.

All MOO.

 

[Kamille]

Susan Clairmont ‏@susanclairmont 1m1 minute ago
Last meeting between Smich and Millard, Millard thinks Art Jennings turned him in. Smich said Daly was there for it. He wasn't recalled.

molly hayes ‏@mollyhayes 55s55 seconds ago
Dungey now focusing on the Plaxton report, and Millard's defence's surveillance footage theory. #Bosma

Susan Clairmont ‏@susanclairmont 58s58 seconds ago
Forensic video report from Michael Plaxton. This is the Super Sucker video. Dungey says Millard take on this is just a theory.

molly hayes ‏@mollyhayes 53s53 seconds ago
That's all it is, a theory, Dungey says. #Bosma

Susan Clairmont ‏@susanclairmont 33s34 seconds ago
Plaxton could only say vehicles in video are "consistant" with Bosma truck and Yukon. Not identical.

Lisa Hepfner ‏@HefCHCHNews 40s41 seconds ago
Dungey says Millard's lawyers had no evidence that the #TimBosma truck passed the Super Sucker more than once.

Colin Butler ‏@ColinButlerCBC 38s39 seconds ago
Dungey says there is no evidence that Millard face the gun to Smich, only a suggestion. He then suggests Millard had the gun all along#Bosma

molly hayes ‏@mollyhayes 43s43 seconds ago
He stresses Plaxton could not say the 3 different vehicles shown in SuperSuckers video were the same. Just said they had similarities.

Susan Clairmont ‏@susanclairmont 19s19 seconds ago
Pillay said video wasn't 3 hours off, as Plaxton said. But 3 hours and 9 or 10 minutes. Dungey is going through the timing evidence.

Lisa Hepfner ‏@HefCHCHNews 22s22 seconds ago
Millard's lawyer suggested the Super Sucker video must have been 3hrs 9 minutes, not 3 hours off, which fits his scenario.

Adam Carter ‏@AdamCarterCBC 28s28 seconds ago
Dungey now asking where it is exactly Millard's lawyers got their information saying the video timestamp there was over 3 hours off. #Bosma

Peter Akman ‏@PeterAkmanCTV 6m6 minutes ago
"MIllard got the gun from Smich? Excuse me folks... there is no evidence of that. It is another suggestion." says Dungey. #Bosma @CTVNews

Peter Akman ‏@PeterAkmanCTV 5m5 minutes ago
"7-days and the number of suggestions put to my client... hoping your will believe some of this nonsense." Dungey about Crown case #Bosma

molly hayes ‏@mollyhayes 1m1 minute ago
Re: the debate over the time stamp, Dungey says the officer/employee who checked had zero reason to lie. #Bosma

Susan Clairmont ‏@susanclairmont 1m1 minute ago
Dungey asks why anyone would lie about the time stamp difference. What would be the reason?

Lisa Hepfner ‏@HefCHCHNews 46s46 seconds ago
Millard's lawyer suggested that the officer who checked the time discrepancy was lying about confirming the time.

Colin Butler ‏@ColinButlerCBC 1m1 minute ago
Dungey turns to Plaxton report. "Did Stoltz look like a liar to you?" He asks the jury. #TimBosma

molly hayes ‏@mollyhayes 55s56 seconds ago
He says they are presenting their theory to fit their narrative. #Bosma

Lisa Hepfner ‏@HefCHCHNews 1m1 minute ago
Dungey says it's useful for Millard's lawyers to accuse the officer, so that the extra surveillance footage they pulled fit their scenario

Susan Clairmont ‏@susanclairmont 1m1 minute ago
Millard team, "they want to change the time...to suit their calculations," says Dungey.

 

[meterclicks]

Dungey asks if Officer Stoltz not taking proper notes, "makes him a liar?"
by Adam Carter 1:56 PM

"I'm going to move on, otherwise we'll be here for a week," Dungey says.
by Adam Carter 1:59 PM

Dungey now back to talking about the truck being in the hangar.
by Adam Carter 2:00 PM

 

[ADAWG]

I hope the Crown mentions this.. I agreee 10000% They didn't think they would be caught. If not for Arthur Jennings, they might have just gotten away with it.

Arthur Jennings only helped things after the fact. What you mean is if it wasn't for Igor they likely would've gotten away with it? The tattoo description is what lead to DM's arrest. AJ did not give the location of the truck until after it was moved and DM arrested.

 

[meterclicks]

"Does that not speak volumes as to who was in control and who did what?"
by Adam Carter 2:00 PM

Dungey says there's a "mountain" of independent evidence against Millard.
by Adam Carter 2:01 PM

He mentions the cell phone movements, the movements of evidence, etc.
by Adam Carter 2:02 PM

 

[canadiangirl]

What do you mean? I'm still not sure what these lies were that caused their fight.

Me neither, I wasn't privy to the conversation. Only the testimony that said MH and AM haven't spoken to each other since 2013 because of lies that were told.
And if they made a pact, and lies were told, IMO this is why they haven't spoken since

 

[Kamille]

Adam Carter ‏@AdamCarterCBC 12s12 seconds ago
"I'm going to move on, otherwise we'll be here for a week," Dungey says. #TimBosma #Bosma

Adam Carter ‏@AdamCarterCBC now6 seconds ago
Dungey now back to talking about the truck being in the hangar. #TimBosma

molly hayes ‏@mollyhayes now
Dungey says he cannot overemphasize the actions of a man having that truck sitting in his hangar and then lying about not knowing what to do

Susan Clairmont ‏@susanclairmont 20s20 seconds ago
Dungey emphasizing the #bosma truck on the tarp in the hangar and then Millard claiming to be shocked by it all.

Alex Pierson ‏@AlexpiersonAMP 19s19 seconds ago
Dungy can;t over emphasize the truck being in the hangar on a sheet. tells all these lies. speaks volumes on who was in control.

Adam Carter ‏@AdamCarterCBC 16s16 seconds ago
"Does that not speak volumes as to who was in control and who did what?" #TimBosma #BOsma

Adam Carter ‏@AdamCarterCBC 29s29 seconds ago
Dungey says there's a "mountain" of independent evidence against Millard. #TImBosma #Bosma

Lisa Hepfner ‏@HefCHCHNews 15s15 seconds ago
There's a mountain of evidence against Millard, Dungey says. The Eliminator. The prepaid phone used to arrange test drives.

molly hayes ‏@mollyhayes 46s47 seconds ago
Dungey says there is a mountain of evidence against Dellen Millard. The Eliminator, the Lucas Bate phone, gloves found on him... #Bosma

Lisa Hepfner ‏@HefCHCHNews 34s35 seconds ago
Bosma DNA & #Bosma's truck keys were found on Millard when he was arrested, Dungey says.

Susan Clairmont ‏@susanclairmont 26s27 seconds ago
"There is a mountain of evidence against Mr. Millard." The Lucas Bates phone; gloves found "right on Millard"; Bosma keys on Millard...

Alex Pierson ‏@AlexpiersonAMP 26s27 seconds ago
"a mountain of evidence against mr Millard." The eliminator.the "bates phone, gloves, Bosma keys. All Millards actions under his control.

molly hayes ‏@mollyhayes 38s39 seconds ago
...what he did after, implicating people. The moving of evidence... #Bosma

 

[meterclicks]

"What is the satchel doing in Mr. Millard's washing machine?" Dungey asks. Smich said Millard had it on him the night Bosma died.
by Adam Carter 2:03 PM

"Mark Smich's testimony is not a scenario. It's not a theory," Dungey says.
by Adam Carter 2:04 PM

"You will decide as to what you believe." Dungey says the Smich we're seeing now is not the Smich of three years ago. He's off drugs, he's educating himself.
by Adam Carter 2:04 PM

 

[Kamille]

Lisa Hepfner ‏@HefCHCHNews 16s17 seconds ago
Millard was in control. Had a plan for the truck. Used his girlfriend. Moved the red truck out of the hangar. Satchel found in wash.

molly hayes ‏@mollyhayes 41s41 seconds ago
Dungey asks what Millard's satchel was doing in the washing machine. #Bosma

Adam Carter ‏@AdamCarterCBC 40s41 seconds ago
"What is the satchel doing in Mr. Millard's washing machine?" Dungey asks. Smich said Millard had it on him the night Bosma died. #Bosma

Susan Clairmont ‏@susanclairmont 39s39 seconds ago
Moving of truck, Eliminator; using of Noudga; moving of red truck; satchel in washing machine; photo of Millard with gun...

molly hayes ‏@mollyhayes 39s40 seconds ago
Dungey says Smich's story on the sound is not theory or scenario, it's testimony. Up to the jury to decide whether to believe. #Bosma

Lisa Hepfner ‏@HefCHCHNews 44s45 seconds ago
Mark Smich's testimony is not a theory. It's up to you, Dungey tells jury, to decide how much to believe. #TimBosma

Susan Clairmont ‏@susanclairmont 55s55 seconds ago
"Mark Smich's testimony is not a theory. Not a scenario. It is testimony...You will decide what you believe." #Bosma

 

[Kamille]

Lisa Hepfner ‏@HefCHCHNews 54s54 seconds ago
Smich is off drugs, got his Gr 12, obviously not stupid, Dungey says. Being a petty dealer & thief was a really bad part of his life.

molly hayes ‏@mollyhayes 53s53 seconds ago
Dungey acknowledges Smich is different today from 3 years ago. Says he has tried to better himself in jail. #Bosma

Susan Clairmont ‏@susanclairmont 50s50 seconds ago
Pillay called Smich intelligent. Dungey says his client has worked to improve himself in jail. Educated himself. "Better himself."

Susan Clairmont ‏@susanclairmont 1m1 minute ago
"He does not ever, every waiver from his testimony of what happened," says Dungey of Smich.

molly hayes ‏@mollyhayes 1m1 minute ago
Dungey says Smich never warier from his story. #Bosma

Lisa Hepfner ‏@HefCHCHNews 42s43 seconds ago
After all those days on the stand he never waivers from his testimony, Dungey says. The lawyers in this room are all very experienced.

Susan Clairmont ‏@susanclairmont 59s59 seconds ago
"Not one aspect of what he says happened to Mr. Bosma, contradicted," says Dungey.

Adam Carter ‏@AdamCarterCBC 44s45 seconds ago
Dungey says the way Smich testified "rings of truth." #TimBosma #Bosma

Lisa Hepfner ‏@HefCHCHNews 38s39 seconds ago
The fact Smich came back every day and didn't change is story is an indication he is an innocent man, Dungey says.

Alex Pierson ‏@AlexpiersonAMP 43s43 seconds ago
"to testify the way he did shows an indication we're talking about an innocent man.he rings truth. there'd be wavering and contradictions."

Susan Clairmont ‏@susanclairmont 37s38 seconds ago
"It rings of truth, what he was saying. It rings out to you," says Dungey...coming back to Plaxton report at Bobcat video in Brantford...

 

[Errrr]

IMO, DM didn't have a plan in place to frame MS for the murder until after the fact, perhaps after he was arrested was when he started to plan to frame MS, as it quite apparent in his letters.








Sent from my iPad using Tapatalk

Recall the message to LM before he was arrested but knew LE was on to him? He said somebody at work was trying to frame him. He already had framing in mind in my view.

 

[Kamille]

Susan Clairmont ‏@susanclairmont 25s25 seconds ago
Smich testified he followed #Bosma vehicle down rural roads. Bosma trucks pulls over, Smich pulls in behind. Lights go off in vehicles.

Peter Akman ‏@PeterAkmanCTV 2m2 minutes ago
Dungey about Smich testimony "it rings true because it is." #Bosma @CTVNews

Lisa Hepfner ‏@HefCHCHNews 14s14 seconds ago
Dungey is talking about the stop in front of Bobcat of Brantford. At the end, the vehicles make a u-turn and go North toward the farm.

Peter Akman ‏@PeterAkmanCTV 13s13 seconds ago
"Mark Smich is telling the truth... it was supposed to be a test drive." Dungey #Bosma @CTVNews

Susan Clairmont ‏@susanclairmont 12s13 seconds ago
Smich said Millard told him to change plates. Then vehicles U-Turned from south to north. That tells us Smich was telling truth.

Lisa Hepfner ‏@HefCHCHNews 7s8 seconds ago
That lends proof to Smich story, Dungey says, because why would they be going south, in Millard's scenario? They would have gone north.

 

[meterclicks]

"He has not ever wavered from his testimony as to what happened," Dungey says.
by Adam Carter 2:05 PM

Dungey says the way Smich testified "rings of truth."
by Adam Carter 2:06 PM

Dungey now talking about the directions in which they drove, but it's being done in a bit of a convoluted manner, so it's hard to follow.
by Adam Carter 2:11 PM

 

[Just4TB]

molly hayes ‏@mollyhayes 53s53 seconds ago Dungey acknowledges Smich is different today from 3 years ago. Says he has tried to better himself in jail. #Bosma

3 years ago MS also participated in a murder. He is not on trial for what he did last month or last week. Jury should be able to see through that quite quickly.
Dungey's pants must have been fluttering as the air was drawn up the pant legs.

 

[Kamille]

Adam Carter ‏@AdamCarterCBC now4 seconds ago
Dungey talking about the directions in which they drove, but it's being done in a bit of a convoluted manner, so it's hard to follow. #Bosma

Alex Pierson ‏@AlexpiersonAMP now4 seconds ago
"a lie has been capitalized for u that support what Smich says.They did a test drive. pull over. he sees what happened/ is told to follow."

Lisa Hepfner ‏@HefCHCHNews 25s25 seconds ago
Smich told the jury the test drive he was following in the Yukon went down back roads until the sudden pullover in Brantford.

Susan Clairmont ‏@susanclairmont 34s34 seconds ago
It corroborates Smich's testimony. They go north to the farm. The video is "independent evidence," Dungey tells jury. "Powerful evidence."

Alex Pierson ‏@AlexpiersonAMP 16s16 seconds ago
this is hard to explain in tweet. Dungey talking about route of drive and how video coroberates Smichs story.

***tweets have slowed right down during this explanation

 

[meterclicks]

Dungey now talking about how Smich testified that Millard said he got a text message from a fictitious friend the night Bosma died.
by Adam Carter 2:13 PM

That's what started Smich getting out and getting into the SUV, Smich said.
by Adam Carter 2:13 PM

Rick Bullman says he saw two vehicles come out of the field at the same time. Smich said that's not what happened.
by Adam Carter 2:14 PM

 

[Kamille]

Adam Carter ‏@AdamCarterCBC 44s45 seconds ago
Dungey now talking about how Smich testified that Millard said he got a text message from a fictitious friend the night Bosma died. #Bosma

Adam Carter ‏@AdamCarterCBC 20s21 seconds ago
That's what started Smich getting out and getting into the SUV, Smich said. #TimBosma #Bosma

Susan Clairmont ‏@susanclairmont 37s37 seconds ago
Dungey talking about fictitious third driver who went to Tim Hortons. Smich took hint and got in Yukon, keys were inside.

Lisa Hepfner ‏@HefCHCHNews 15s15 seconds ago
Dungey is going over Smich's story about leaving #TimBosma house & going to Yukon in the field.

Adam Carter ‏@AdamCarterCBC 12s12 seconds ago
Rick Bullman says he saw two vehicles come out of the field at the same time. Smich said that's not what happened. #TimBosma #Bosma

Susan Clairmont ‏@susanclairmont 29s29 seconds ago
Bullmann testified he saw two vehicles pull out of field together. Smich says no, Bosma truck followed by Yukon.

Adam Carter ‏@AdamCarterCBC 30s31 seconds ago
Dungey sys if you "took your eyes away for a couple of seconds," wouldn't it look like the vehicles came out at the same time? #Bosma

Lisa Hepfner ‏@HefCHCHNews 28s29 seconds ago
Dungey suggests neighbour Bullmann could be mistaken about seeing two trucks pull out of the Book Rd field one after the other.

Adam Carter ‏@AdamCarterCBC 21s22 seconds ago
"He could be mistaken," Dungey says. #Bosma

Susan Clairmont ‏@susanclairmont now4 seconds ago
"Observations are very difficult. It's late at night," says Dungey. Dungey says Bullmann wrong about observation on which way vehicles turn.

 

[Ashley96]

I'm so impressed with Dungey...even through tweets I imagine hearing his gravelly, bellowing voice...he says things about people involved in this case that I really want said! I just like his style....

Granted he has a lot more to work with than Millard's lawyers did...I think even a 1st year law student could poke holes into Millard's story and point out all the incriminating evidence against him.

Having said that, Even though he makes valid points
>Smich didn't change stories on stand (at least not the parts of the story he remembered) and
>Smich doesn't appear to be the psychological case study that Millard is),
I'm still sure, according to ALL the evidence, that both are guilty of 1st degree....to use Dungey's Millard argument against his own client...Are Smich's actions, behaviour after the murder those of an innocent man? Not a reasonable chance. MOO

 

[meterclicks]

Dungey sys if you "took your eyes away for a couple of seconds," wouldn't it look like the vehicles came out at the same time? "He could be mistaken," Dungey says.
by Adam Carter 2:14 PM

"Mr. Bullman just made an error," Dungey says.
by Adam Carter 2:17 PM

Dungey now talking about the gun. "There's only one gun here. A Walther PPK," he says, adding it was bought by Millard.
by Adam Carter 2:19 PM

 

[Tealgrove]

IMO Dungey is good. He's making strong arguments to put all the blame on DM and make MS look like a poor little two bit weed dealer who doesn't kill. BTW, I don't disagree with most of what Dungey is saying about DM. The problem is, although he's much more animated and entertaining to listen to, he still has not persuaded me to see MS as anything other than DM's willing accomplice. He can use all the razzmatazz he can pull out, but I did not believe MS's testimony. It will be interesting to see how he addresses the whole "burying of the gun" scenario.