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

[brightii]

A few of weaknesses in TD's closing that I noticed:

1. If DM didn't do the right thing by calling 911, police after TB's murder, it will not escape the jury's notice that neither did MS.
2. When DM left the hangar for a half an hour he didn't go to police, escape or call for help when he was alone with the dog in the Yukon, but neither did MS escape or report the crime when he was alone at any time when he had the opportunity - even after DM was in custody of LE!
3. TD said it wasn't the disappearance of gun that was so horrendous, it was the incinerator (can't recall exact wording but was said early in TD's close) and IMO the gun killed TB so of course it was vitally important and obviously horrific, and had it not been used by DM and/or MS then there would have been no need for the damned incineration of TB's body. I think the jury will understand that both the hiding of the gun and availability and use of DM's incinerator are key elements of the crime and demonstrate clearly, at least to me, that there was premeditation of the murder.

All MOO.

 

[brightii]

And tomorrow morning will be the Crown's closing arguments.
by Adam Carter 3:35 PM
Permalink

Back tomorrow at 9:30 a.m.
by Adam Carter 3:33 PM

 

[billandrew]

Well after 2 days of closing arguments by both of their defense teams, I still think both are equally guilty of planning and executing a truck theft and murder that actually started in Feb of 2012, and since the trip to Baja was called off that year, it got put on the backburner until late April of 2013. Lucky for them they already had acquired the gun and had the incinerator on order (when the homemade one failed) when LB became a problem or issue for someone. That was handy wasn't it?

At this point, since we're never going to get the truth out of either of them, I really don't care. They teamed up to wreak havoc on the lives of others for their own sick needs/pleasure/gain (take your pick) and both need to be removed from society to prevent it from happening again.

MOO

Agreed, Kamille. A classic cut-throat defence situation with nothing unexpected from either side. Let's hope it plays out as intended: right into the hands of justice for Bosma.

 

[NoodlesMcgee]

I'm surprised people were impressed by Dungey today. He was all over the place and had all of his strongest stuff thrown in the middle of his closing while ending on some DM kick that doesn't do anything for MS.

He also hit very little on the planning aspect which they need to convince the jury didn't happen to avoid the 1st degree charge.

Dungey had the stronger case to defend but for the closing at least DMs lawyers put out a better performance IMO.

 

[canadiangirl]

I wish TD followed with, "and do you see them in court right now, standing by and supporting Millard?" Though, I'm sure that's not allowed and would only happen on TV.

No because DM's little "coyote" is at the beach today, and who knows what "rabbit" is doing, apparently not supporting her baby boy in court.

 

[canadiangirl]

Millard's tattoos, "I am Heaven sent, don't you dare forget", are lyrics from a song. Seems like he should have tattooed Smich's so-called innocent lyrics instead, "My .380 iz no stranger, when I'm angered you're in danger."

Ironically that song from Millard's tattoos is titled "Ok I believe you, but my Tommy gun don't"
I suppose we shouldn't read into this any more then MS rap videos, it's just an expression.
Except MS didn't tattoo his expressions all over himself
MOO

 

[andreww]

I thought Dungey did a good job today. Anybody agree? I could actually see Smich beating this.

 

[billandrew]

Ironically that song from Millard's tattoos is titled "Ok I believe you, but my Tommy gun don't" by a band called Communist Nihilist
The Nihilist movement was a Russian movement in the 1860s which rejected all authorities

I suppose we shouldn't read into this any more then MS rap videos, it's just an expression.
Except MS didn't tattoo his expressions all over himself
MOO

You're right that MS didn't tattoo his lyrics on himself, but FWIW, one of his texts to Millard was a photo of his hand with writing on it: "They chose to call me MARK at birth but they should've called me MERK. All I do is put in work, no fun and games, til someone's hurt." This was sent exactly 20 days before Bosma was murdered, but I guess it's just a meaningless artistic expression.

 

[cansleuther]

Ironically that song from Millard's tattoos is titled "Ok I believe you, but my Tommy gun don't" by a band called Communist Nihilist. The Nihilist movement was a Russian movement in the 1860s which rejected all authorities

<rbbm>

Not sure where you found that, but that's not the right band.

 

[sleuther76]

I thought Dungey did a good job today. Anybody agree? I could actually see Smich beating this.

Agree, I think MS stands a chance. DM ... not so much

 

[Georgeo]

No because DM's little "coyote" is at the beach today, and who knows what "rabbit" is doing, apparently not supporting her baby boy in court.

And how do you know she is at beach?

 

[MrsThreadgoode]

I thought Dungey did a good job today. Anybody agree? I could actually see Smich beating this.

I think Dungey is a top notch lawyer and I agree that he did an excellent job today. It seems to me that he gives his clients his all. Would love to have been present in the courtroom. Smich is extremely fortunate to have him.

Additionally, I think he did a marvellous job on the Crown's behalf regarding DM being guilty of 1st degree murder.

One of Susan Clairmont's tweets today seemed to suggest that the jury connects with Dungey and his style. This, too, could help MS.

IMO, though, I can't see Smich "beating this". And I sincerely hope that he doesn't.

MOO


Sent from my iPad using Tapatalk

 

[canadiangirl]

<rbbm>

Not sure where you found that, but that's not the right band.

It was on youtube, my apologies if it was incorrect. I will change it to avoid confusion
The "lyrics" sites don't say who the band is. Just the name of the song

 

[canadiangirl]

And how do you know she is at beach?

Instagram photo posted an hour ago - I suppose it could be a lie but it's a gorgeous day outside

 

[Georgeo]

I thought Dungey did a good job today. Anybody agree? I could actually see Smich beating this.

Let's hope not! I find it hard to believe that he had no clue about the plan for murder. They are both grasping at straws and trying to save themselves at the 11th hour.... too little too late. Innocent person would have told LE what he knew at time of arrest, not stayed silent for 3 years, and only after 16 weeks of testimony, these tidbits are being released - ie. MS was in a different vehicle when shooting happened. Could he not have told LE that right after arrest? Why stay silent and protect DM if your own life/freedom is on the line?

If DM was simply "cleaning up Mark's mess..." why didn't he speak up? Because they are BOTH GUILTY !

 

[billandrew]

I thought Dungey did a good job today. Anybody agree? I could actually see Smich beating this.

The lawyers on both sides did a good job with what they had to work with, IMO. Personally, if I was being charged with murder and needed a lawyer, I would hire Pillay over Dungey. Pillay is more balanced, calculated, and precise. Dungey is good, but he's a fireball; too volatile for me. I would never consider hiring Sachak after witnessing his performances in this trial. Trehearne made fewer appearances, but she is a force to be reckoned with. She's incredibly sharp and knowledgeable of case law.

 

[andreww]

Let's hope not! I find it hard to believe that he had no clue about the plan for murder. They are both grasping at straws and trying to save themselves at the 11th hour.... too little too late. Innocent person would have told LE what he knew at time of arrest, not stayed silent for 3 years, and only after 16 weeks of testimony, these tidbits are being released - ie. MS was in a different vehicle when shooting happened. Could he not have told LE that right after arrest? Why stay silent and protect DM if your own life/freedom is on the line?

If DM was simply "cleaning up Mark's mess..." why didn't he speak up? Because they are BOTH GUILTY !

I feel he's probably guilty, almost certain of it, but I also realize that the evidence I used to come to that conclusion is actually pretty scarce, the texts are open ti interpretation. On top of that we saw a cast of liars testify against him, yet there is still doubt. Would I send him away for life? Its a really tough call.

 

[don_quixote]

I thought Dungey did a good job today. Anybody agree? I could actually see Smich beating this.

I think he has a good chance (guesstimate at 25%) of AATF. I actually do believe the part of his testimony that Millard killed Bosma around Bobcat and that Smich was in the Yukon at that time. It all boils down to planning for Smich. Again, for me there is no doubt that Millard was planning for the murder. Was Smich aware of the plan, or really thought it's scoping?

For Millard it all boils down to finding a BF who's gonna protect him from other potential BFs in jail for at least the following 25 years.

 

[Inspector_North]

The lawyers on both sides did a good job with what they had to work with, IMO. Personally, if I was being charged with murder and needed a lawyer, I would hire Pillay over Dungey. Pillay is more balanced, calculated, and precise. Dungey is good, but he's a fireball; too volatile for me. I would never consider hiring Sachak after witnessing his performances in this trial. Trehearne made fewer appearances, but she is a force to be reckoned with. She's incredibly sharp and knowledgeable of case law.

Bill. After reading your posts, you need not ever have to worry about making that decision.

MOO

 

[XiolaBlueX]

XiolaBlueX, do you like TD's style? He sounds like he is a really good public speaker and I don't think he needs a script. De is doing just fine without one. How does his body language read?

I found he is a very compelling speaker, much more experienced than DMs. Dungey mentioned something today of having a 40 year career (I forget Exact context) - and it shows. His voice is kind of raspy, borderline crackly at times. I initially found it odd that he leans over his podium a lot, sort of tilting it, but after getting used to it its is fine. He isn't 100% polished, but he tells the jury that in advance eg, 'it's been a long trial, a lot of info to cover, I will be as diligent as possible if I make a small error while speaking don't hold it against me or my client' (summarizing)
A small example would be when he says Gsp twice in a row, but we all know it's GPS he's trying to say. Also, he made copies for jury to follow with and immediately return (for DM-CNs framing /itchy letter) as he says he's not the best reader while reading it aloud.
Some of my biggest takeaways - 1) saying that MS burying the gun issue is "pennies in a bucket" compared to DM burning TB as he says that was the biggest evidence that would of showed exactly what happened (TBs body and nature of injuries obviously) and how that goes 100% against DMs false scenario
2) Dungey really seemed to nail DM on trying to frame MS with the letter. It was actually uncomfortable to watch as it was DM looking down while having no choice but to hear his own words coming back to bite him big time. Word by word, suggesting DM needs witness to say DM wasn't even at the scene, MS was with some buddies, MS and his buddies might have already known the Bosmas hence whatever happened , DM was afraid for his life from the buddies, etc.
3) if DM was really driving on 403 while Smich shot TB and DM was so upset about it, t here is no way that he would be the one driving a stolen truck with a dead man in it
Overall, extremely compelling in my opinion against DMs scenarios. For the crowns scenario Dungey was outlining how ridiculous it would be to be planning a random persons murder for a year when they could have chose any body to kill (and in fact, that regardless if Ivan was big, nobody is invincible to a gun.
From the beginning this morning, Dungey did excellent job of outlining what is evidence and what isn't, and showing that MSs is the only technical evidence of time of death. They will get more into that with charge to the jury
Dungey emphasized there isn't actual evidence to show that MS is guilty of first degree murder, and it would be a horrible injustice to convict him of that charge