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

[MrsThreadgoode]

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

MOO

Good one!!!!


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[brightii]

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.

I'm one who argued that MS's rap lyrics are not relevant to this case, but I've since changed my mind. I do think that people shouldn't jump to conclusions about someone and make negative assumptions about them without real reason to do so. For instance, had I met DM prior to this trial and saw his tattoos I'd likely think to myself that he'll regret those when he grows older, and I may have thought him a bit self-absorbed by the choice of words, but I wouldn't suddenly imagine him to be capable of murder. I'd think similarly of MS if I had ever met him and heard his rap lyrics, but in his case, I do think I'd find those lyrics about guns and killing to be disturbing. Let me put it this way, I wouldn't have jumped to the conclusion that he would act on his words, but I wouldn't want someone who was focused on such things, even in a fantasy way as an artistic outlet, to be friends or in any way have an influence on my young adult children or grandchildren.

When I think of both DM and MS in context of this crime, I can see how their tattoo or lyrical choices are relevant to show a certain mindset. On their own and without any context of crime, I'd say that while they may be offensive, they are not proof of criminality or a criminal mind. Even though offensive or unattractive in my opinion, these are the kinds of things many young people innocently, if foolishly, indulge in and I'd chalk it up to immaturity and perhaps poor judgment, but nothing much more. But for DM and MS their tattoos and lyrics are IMO indicators of how they saw themselves - and most importantly how they wanted to portray an image to others - in real life back in May of 2013. From where I sit now, neither accused painted a pleasant portrait of themselves, and their tattoos and rap lyrics were a part of the bigger picture for them both.

All MOO.

 

[billandrew]

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

MOO

If my recent browsing history ever gets reviewed then I'm not so sure....

Dodge Ram 3500
GPS in Dodge Ram 3500
Removing GPS
Cell phone location tracking in Canada
How to avoid cell phone tracking
How to permanently erase cell phone data
Walther PPK .380
Ammo for Walther PPK 380
Where to buy Walther PPK in Canada
Smuggling guns into Canada
The Eliminator incinerator
Animal incinerator
Fuel for incinerator
Do bones turn to ash when burned
How to destroy bones
First degree murder in Canada
How to clean up evidence in a murder
How to defend first degree murder charges

 

[MrsThreadgoode]

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

Thank you for sharing ... It is fascinating to read your impressions from actually being there. Was it crowded today?


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[lclabtech]

Not if he changed before getting in the Yukon..... and dropped his lighter....

IMO, there'd still likely be some transfer to the other vehicle if he's handling bloody clothes...

 

[Satchie]

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.

I haven't been following closely, so correct me if I'm wrong: Both of the accused admit Bosma was shot, but claim the other person brought the gun, which was completely unnecessary since the plan was never to rob TB, but to return him to his home and later steal the truck.

It's obviously absurd that MS would take that iniative without DM's approval, DM's story is crock.

For MS's version, why would DM bring the gun unless he intended to use it in some way. And why would he risk having MS along unless he was quite confident MS wouldn't react badly once the gun became involved and turn him in?. Since MS was so apparently useless, it would've been smarter and safer not to involve him, and just instruct him to follow in the Yukon and then drive it to the hangar.

 

[MrsThreadgoode]

If my recent browsing history ever gets reviewed then I'm not so sure....

Dodge Ram 3500
GPS in Dodge Ram 3500
Removing GPS
Cell phone location tracking in Canada
How to avoid cell phone tracking
How to permanently erase cell phone data
Walther PPK .380
Ammo for Walther PPK 380
Where to buy Walther PPK in Canada
Smuggling guns into Canada
The Eliminator incinerator
Animal incinerator
Fuel for incinerator
Do bones turn to ash when burned
How to destroy bones
First degree murder in Canada
How to clean up evidence in a murder
How to defend first degree murder charges

Ahahahahahahaha!! Well, you will have all of us to support the true reasons for your searches ... We will be there for you!


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[ADAWG]

IMO, there'd still likely be some transfer to the other vehicle if he's handling bloody clothes...

To me nothing says MS has to be in the car if Tim was shot in the field. I know my reaction when some gets out the car my head turns and my attention goes to them. What a perfect distraction and time to pull a gun and shoot. As well being stopped could ensure your aim is more accurate.

No blood no GSR on MS.

 

[XiolaBlueX]

Thank you for sharing ... It is fascinating to read your impressions from actually being there. Was it crowded today?


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While the courtroom was pretty much full, I have seen it more full with overflow. Not huge lines like for CN or something when I heard of some people allegedly fighting over spots in line, etc. (Yikes!)
A lot of the same people that manage to go every day somehow ( I can't pull that off haha)

 

[Typhoo1961]

who knows what "rabbit" is doing, apparently not supporting her baby boy in court.

Probably off somewhere sucking back copius amounts of wine.

 

[Arnie M]

Apr 5 ?? Smich texts Millard: "Praise the lord." Day 37: Harrison testimony


Apr 5 ?? Millard texts Smich: "Become the lord." Day 37: Harrison testimony


Apr 5 ?? Smich texts Millard: "Cool ****...**** you God!" Day 37: Harrison testimony


Apr 6 ?? Millard tells Smich (via text) that Schlatman is modifying white van "for search and capture missions".
Day 54: Crown cross of Smich


Apr 6 ?? Smich texts Millard: "I love search and destroy." Day 54: Crown cross of Smich


Apr 9 ?? Millard and Michalski text about a course someone is taking after Baja. Day 37: Harrison testimony


Apr 11 ?? Smich texts Millard: "Semi auto..Fully auto..Or I got 6 shots like 'oh my god' yo! Holy like the ****in bible..." (1/3) Day 54: Crown cross of Smich


Apr 11 ?? Smich texts Millard: "Praise your lord, hope for survival...get it in? Nah! We get it done...." (2/3)
Day 54: Crown cross of Smich


Apr 11 ?? Smich texts Millard: "Sippin on some ****in rum...While she jigglin her bum...Thats where I am ****in from!" (3/3) Day 54: Crown cross of Smich


Apr 16 ?? Smich sends Millard a photo of his hand with writing on it: "They chose to call me MARK at birth..." (1/3)
Day 54: Crown cross of Smich


Apr 16 ?? Smich sends Millard a photo of his hand with writing on it: "...but they should've called me MERK." (2/3)
Day 54: Crown cross of Smich


Apr 16 ?? Smich sends Millard a photo of his hand with writing on it: "...All I do is put in work, no fun and games,
til someones hurt." (3/3) Day 54: Crown cross of Smich

Copied from billandrew's awesome timeline, I'm reading these texts between DM and MS to remind me what both accused are actually all about. This exchange between these two perps is also an insight into the minds of murderers. TD is doing a remarkable job for MS today, objectively speaking, but I can't let TD's persuasive arguments overpower the overwhelming totality of evidence that points directly who MS and DM are, and IMO they are both heartless "Merks".

All MOO.

I hear what you are saying brightii .... and from day one I have suspected those thoughts are from within the occult , and I believe that evil spirit runs throughout this whole escapade , and I believe it originated in Smich , and Dellen was a willing participant who could enable it.

I have put my neck on the chopping block three years ago for saying the same thing and I stand by it to this day . A lot of folks do not grasp this was deeper than a truck theft or a thrill kill.

 

[Ontario Mom]

Dungey made some really good points about the comments in Millards letters re: witness tampering, framing, waiting until after disclosure to see what his defense would be, etc. In my mind, that speaks to someone who is guilty of shooting a man and looking for a way to weasel out of it. Which means, MS didn't shoot him, DM did. But, I never thought MS shot him anyway.

The one thing I really did find honorable about Dungey's close is that he didn't pretend MS was a fine upstanding young man the way Millard's defense alluded to for him. He stated right off he was a two-bit drug dealing pot head into stealing things. I'm really glad he said that. Other than that, I don't think my mind's been changed at all.

 

[ADAWG]

Both closings went the way I thought they'd go. Both teams looked to take any accountability from their client and shift the blame to the other. The way they both acted after the murder though shows me neither are innocent bystanders. They both did things that innocent people don't do.


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[billandrew]

Dungey said Millard was a rapper too. He may have had a way with words, but he was more like a bizarro Shakespeare who wrote a few cringey rhymes to Noudga. Does anyone else find the idea of Millard rapping absolutely ridiculous?

 

[Satchie]

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.

I think they were a team, partners on a mission together. A partner doesn't do something drastically outside the plan without consulting the other.

 

[MrsThreadgoode]

Question. Sorry, folks, but I know nothing about GPSs. Are some of them hidden away? Why would it be necessary to go on a test drive to actually see if a vehicle had GPS? Couldn't one just look through the windows of a parked vehicle to see if one was mounted in the car? Would it be a common question to ask a seller over the phone before arranging a test drive? And if a GPS can be hidden, how would a test drive confirm whether there was one or not?

TIA

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[Inspector_North]

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.

How would that work? He can only be acquitted or found guilty of first degree, 2nd degree or manslaughter for this trial. If they acquit him, would they need to charge him with AATF?

According to Alex Pierson, AATF was not an option for this trial.

MOO

 

[Just4TB]

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."

And further in the same song...

this is the price you pay for loss of control.
this is the break in the bend,
this is the closest of calls.
this is the reason you're alone,
this is the rise and the fall.

Perhaps DM can recite these remaining lyrics tonight as he attempts to fall asleep.

 

[Inspector_North]

Question. Sorry, folks, but I know nothing about GPSs. Are some of them hidden away? Why would it be necessary to go on a test drive to actually see if a vehicle had GPS? Couldn't one just look through the windows of a parked vehicle to see if one was mounted in the car? Would it be a common question to ask a seller over the phone before arranging a test drive? And if a GPS can be hidden, how would a test drive confirm whether there was one or not?

TIA

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Good question. Most after market tracking systems are hidden for obvious reasons. This is what one 2009 Dodge RAM owner said about his factory anti-theft system.

"i have a 2009 Ram & the factory Alarm sucks a big oneTrue it keeps a normal thief from starting the vehicle without getting a hold of the Key Device first & it does sound off if a door is opened when the alarm is set
That is about all it does


a smart crook could drill a hole up through the inner fender & into the battery, shorting it out, & do anything they want, strip it, tow it, etc"

Which brings me to the question about stealing the vehicle without the key. I would sure be interested in knowing what SS supposedly taught DM about "hot wiring" vehicles with chip keys? This little piece of info would help prove exactly what they were up to when going on test drives. Without a way to start it, armed robbery would be the only option.

MOO

 

[sleuther76]

How would that work? He can only be acquitted or found guilty of first degree, 2nd degree or manslaughter for this trial. If they acquit him, would they need to charge him with AATF?

According to Alex Pierson, AATF was not an option for this trial.

MOO

Yes, there are three options in the case of an acquittal because the jury believes he isn't guilty of the charges offered (i.e. 1st, 2nd, man).

1.) Recharge and go after his on new charges
2.) Offer a deal on lesser charges
3.) Don't process at all

DC