Bosma Murder Trial 06.10.16 - Day 59 - Charge to jury

[Kamille]

Goodman now explaining the difference between the three. If a person punched someone in the face, they slip, hit their head and died, that would usually be manslaughter. The difference between that and murder is the intent, or state of mind.
by Adam Carter 3:08 PM

To get to manslaughter, the Crown has to prove that Bosma's death happened from an inherently dangerous or unlawful act.
by Adam Carter 3:09 PM

 

[Kamille]

molly hayes ‏@mollyhayes 1m1 minute ago
The difference between manslaughter and murder, he says, is intent or state of mind. #Bosma

Susan Clairmont ‏@susanclairmont 59s59 seconds ago
Manslaughter is intentional unlawful act that caused death without intention of causing death.

molly hayes ‏@mollyhayes 1m1 minute ago
We begin with the presumption of innocence. From there they must climb the "ladder of reasonable doubt, rung by rung." #Bosma

Susan Clairmont ‏@susanclairmont 28s29 seconds ago
Jury must "climb the ladder of reasonable doubt rung by rung."

 

[Kamille]

A conviction for manslaughter doesn't mean the jury has to find beyond a reasonable intent that the person intended to kill.
by Adam Carter 3:10 PM

For second degree murder, the Crown had to show the two intended to cause the death of Bosma or serious bodily harm, which caused death.
by Adam Carter 3:11 PM

The state of mind here is an intention to kill or an intention to cause bodily hard which could cause death.
by Adam Carter 3:12 PM

First degree murder is an aggravated form of murder, and the most serious charge you can face.
by Adam Carter 3:12 PM

 

[Kamille]

molly hayes ‏@mollyhayes 1m1 minute ago
A conviction for manslaughter doesn't require you to find beyond reasonable doubt that they intended to kill him. #Bosma

Susan Clairmont ‏@susanclairmont 1m1 minute ago
For manslaughter, jury must think Smich and/or Millard caused Bosma's death,

Susan Clairmont ‏@susanclairmont 1m1 minute ago
that it was caused unlawfully, and that it was objectively dangerous and could cause death.

molly hayes ‏@mollyhayes 54s55 seconds ago
For murder, crown must prove beyond a reasonable doubt that they intended to cause death or serious harm that could've led to death

Susan Clairmont ‏@susanclairmont 1m1 minute ago
Murder: 1. Millard and/or Smich caused Bosma death;

molly hayes ‏@mollyhayes 1m1 minute ago
For murder, they must prove they had the state of mind required for murder. #Bosma

Susan Clairmont ‏@susanclairmont 47s47 seconds ago
2. Caused unlawfully;

molly hayes ‏@mollyhayes 47s47 seconds ago
You either intended to kill, or intended to cause bodily harm that has potential to kill. #Bosma

Susan Clairmont ‏@susanclairmont 1m1 minute ago
3. state of mind required for murder. They either intended to kill Bosma or intended to cause bodily harm that could kill.

molly hayes ‏@mollyhayes 34s34 seconds ago
1st deg murder is an "aggravated" form of murder. #Bosma

 

[Kamille]

At the outset of the trial, Goodman said there were two routes to first-degree murder.
by Adam Carter 3:13 PM

 

[MrsThreadgoode]

The jury will consider manslaughter, second degree murder and first degree murder in that order for their deliberations.
by Adam Carter 3:04 PM

So glad he is doing them in this particular order. I believe it will be more helpful to the jury this way.

MOO


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[sleuther76]

and boom goes the dynamite: "[FONT=&quot]Unlawful confinement is now not available now as a route to first degree murder, Goodman says. "There is only one route to first degree murder in this case." The jury has to be satisfied beyond a reasonable doubt that his death was planned and deliberate."[/FONT]

 

[Kamille]

molly hayes ‏@mollyhayes 54s55 seconds ago
Goodman says he is not offering any opinion on what happened before during or after Bosma's death. Facts are for jury to decide. #Bosma

Lisa Hepfner ‏@HefCHCHNews 46s47 seconds ago
1st degree murder is aggravated form of murder, judge says

Susan Clairmont ‏@susanclairmont 35s36 seconds ago
First degree murder is an aggravated form of murder, says Goodman.

molly hayes ‏@mollyhayes 41s42 seconds ago
But he says the route to murder by forcible confinement is "not available." #Bosma

Susan Clairmont ‏@susanclairmont 55s55 seconds ago
Directs jury not to come to first degree murder through route of forcible confinement.

Lisa Hepfner ‏@HefCHCHNews 52s52 seconds ago
Goodman says the jury can't find first degree murder through forcible confinement in this case, so they have to find planning & deliberation

Susan Clairmont ‏@susanclairmont 1m1 minute ago
Only route to 1st degree is if murder was planned and deliberate.

molly hayes ‏@mollyhayes 1m1 minute ago
Murder is 1st deg murder if it was planned and deliberated. #Bosma

 

[Kamille]

Unlawful confinement is now not available now as a route to first degree murder, Goodman says. "There is only one route to first degree murder in this case." The jury has to be satisfied beyond a reasonable doubt that his death was planned and deliberate.
by Adam Carter 3:14 PM

This is a big deal. Originally, we thought that unlawful confinement would be available to the jury as a route to first degree murder. Without that, the Crown has to have proved planning and deliberation for the accused to be found guilty of first degree murder.
by Adam Carter 3:16 PM

 

[Kamille]

Lisa Hepfner ‏@HefCHCHNews 1m1 minute ago
Planned & deliberate is the main distinction between first degree murder & second. Judge says he'll attempt to make it clear. #Bosma

Susan Clairmont ‏@susanclairmont 53s53 seconds ago
4 essential elements to 1st degree in this trial: Millard and/or Smich caused death of Bosma.

Lisa Hepfner ‏@HefCHCHNews 31s31 seconds ago
The verdicts do not have to be the same for the accused, judge says. #Bosma

Susan Clairmont ‏@susanclairmont 44s45 seconds ago
2. That Millard and/or Smich caused death of Bosma unlawfully.

Susan Clairmont ‏@susanclairmont 17s18 seconds ago
3. That Smich and/or Millard had the state of mind required for murder.

Susan Clairmont ‏@susanclairmont 5s6 seconds ago
4. That the murder was both planned and deliberate.

 

[Kamille]

Susan Clairmont ‏@susanclairmont 29s30 seconds ago
Judge going to summarize evidence. His summary is not in and itself evidence. #Bosma

molly hayes ‏@mollyhayes 11s12 seconds ago
Goodman has a summary of evidence, but stresses this itself is not evidence. #Bosma

Lisa Hepfner ‏@HefCHCHNews 29s29 seconds ago
judge says he'll go over the evidence but it might not accord with the jury's recollection. #Bosma

 

[MrsThreadgoode]

molly hayes ‏@mollyhayes 1m1 minute ago
The difference between manslaughter and murder, he says, is intent or state of mind. #Bosma

Susan Clairmont ‏@susanclairmont 59s59 seconds ago
Manslaughter is intentional unlawful act that caused death without intention of causing death.



molly hayes ‏@mollyhayes 1m1 minute ago

We begin with the presumption of innocence. From there they must climb the "ladder of reasonable doubt, rung by rung."



Susan Clairmont ‏@susanclairmont 28s29 seconds ago
Jury must "climb the ladder of reasonable doubt rung by rung."

BBM

An excellent analogy, IMHO.



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[Kamille]

Susan Clairmont ‏@susanclairmont 1m1 minute ago
Sharlene Bosma and Wayne De Boer describe both accused walking up driveway. False story of being dropped off by another person.

Lisa Hepfner ‏@HefCHCHNews 1m1 minute ago
Sharlene #Bosma and Wayne De Boer described the accused arriving on the driveway & what happened while they were there

molly hayes ‏@mollyhayes 1m1 minute ago
Sharlene #Bosma and Wayne de Boer testified about arrival of accused that night, before they left with Tim on test drive.

Susan Clairmont ‏@susanclairmont 35s35 seconds ago
Neighbour Rick Bullmann was walking his dog on his property. Saw two vehicles, pick up and another exiting dirt lane from field.

Lisa Hepfner ‏@HefCHCHNews 59s60 seconds ago
Neighbour Rick Bullmann was walking his dogs and saw a pickup and an SUV exit a field one after the other, between 9-9:30pm

molly hayes ‏@mollyhayes 58s59 seconds ago
Neighbour Rick Bullmann testified he was out walking dogs when he saw 2 vehicles come out of a field at Book & Trinity Rds. #Bosma

molly hayes ‏@mollyhayes 38s38 seconds ago
Andrew Michalski testified he knew about plan to steal a truck...

Lisa Hepfner ‏@HefCHCHNews 38s38 seconds ago
Andrew Michalski says he knew Millard & Smich were planning to steal a truck. M asked if he should steal "from the a-hole or nice guy."

Susan Clairmont ‏@susanclairmont 46s47 seconds ago
Andrew Michalski testified he knew Millard planned to steal truck. Saw Kijiji ad for black pick-up.

molly hayes ‏@mollyhayes 45s46 seconds ago
and that on May 4 Millard had asked him "should I steal the truck from the ******* or nice guy?" Michalski told him to F off.

Susan Clairmont ‏@susanclairmont 16s17 seconds ago
Millard asked if he should steal from nice guy or *advertiser censored**hole...Told by Millard he and Smich had gone on a test drive.

 

[Kamille]

Goodman now talking about the night Bosma died, and how the vehicles travelled on the roads in Ancaster.
by Adam Carter 3:20 PM

Goodman is now recounting Andrew Michalski's evidence.
by Adam Carter 3:21 PM

 

[Kamille]

Lisa Hepfner ‏@HefCHCHNews 54s54 seconds ago
After Tumanenko, Millard told Michalski they were going on another test drive. On May 7 got msgs from Meneses, frantically looking for Smich

molly hayes ‏@mollyhayes 45s45 seconds ago
Michalski testified Millard seemed normal on May 7, and that Millard told him that day he got the truck. #Bosma

Susan Clairmont ‏@susanclairmont 31s31 seconds ago
Michalski responded to text from Meneses worried about Smich on night of murder. May 10 Smich called Michalski and said "They got Dell."

Lisa Hepfner ‏@HefCHCHNews 31s31 seconds ago
Millard told Michalski they got the truck, after #TimBosma's death.

Susan Clairmont ‏@susanclairmont 46s47 seconds ago
Smich told Michalski to get drugs out of Maplegate and "get the thing" from Hagerman.

molly hayes ‏@mollyhayes 45s46 seconds ago
Michalski said Smich told him on May 10 to get drugs out of the house, and to bring that + "the thing" Matt Hagerman had, to him.

Susan Clairmont ‏@susanclairmont now3 seconds ago
Michalski called Hagerman to meet. They both testified they were uncomfortable with backpack and toolbox. They panicked.

Lisa Hepfner ‏@HefCHCHNews 39s40 seconds ago
After Millard's arrest Michalski took drugs from home & with Hagerman arranged to drop it with toolbox to Smich in Oakville

 

[MrsThreadgoode]

and boom goes the dynamite: "[FONT=&quot]Unlawful confinement is now not available now as a route to first degree murder, Goodman says. "There is only one route to first degree murder in this case." The jury has to be satisfied beyond a reasonable doubt that his death was planned and deliberate."[/FONT]

Hmmmm ... I wonder if he will explain why? To me, forcible confinement is a big deal. Perhaps it was argued out during legal arguments? Would like to know the legal reasoning behind that decision.

MOO


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[Kamille]

Lisa Hepfner ‏@HefCHCHNews 56s56 seconds ago
Michalski and Hagerman dumped the bag and box in a stairwell and told Smich where to find them. #Bosma

molly hayes ‏@mollyhayes 54s54 seconds ago
Michalski testified he'd participated in thefts in past in which steps were taken to not get caught.

Susan Clairmont ‏@susanclairmont 1m1 minute ago
Left backpack and toolbox in stairwell at strip mall.

Lisa Hepfner ‏@HefCHCHNews 1m1 minute ago
Michalski testified to several thefts, and that the word "mission" often meant illegal activitiy. #TimBosma

Susan Clairmont ‏@susanclairmont 42s43 seconds ago
Matt Hagerman testified he and Michalski decided to unload backpack and toolbox. Brendan Daly said Smich controlled Arthur and ...

Lisa Hepfner ‏@HefCHCHNews 40s41 seconds ago
Brandon Daly testified that he was a close friend of Smich's and notice he acted differently after #TimBosma disappearance.

molly hayes ‏@mollyhayes 55s55 seconds ago
Matt Hagerman testified about unloading stuff for Smich. Smich's friend Brendan Daly testified Smich seemed paranoid after Millard's arrest.

Susan Clairmont ‏@susanclairmont 35s35 seconds ago
Made him get toolbox...Daly talked to Smich who said gun was in toolbox and gun belonged to Smich. Saw YouTube video about gun and bullets.

 

[Kamille]

Now he's running through Brendan Daly's evidence. Basically, he's giving a quick recap of key evidence.
by Adam Carter 3:24 PM

 

[sleuther76]

Hmmmm ... I wonder if he will explain why? I bet he has, just as I am writing this [emoji6]


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Simple ... it's because the crown has actually not proven forcible confinement at all

 

[Kamille]

Lisa Hepfner ‏@HefCHCHNews 1m1 minute ago
Daly was confusing in his gun testimony. Judge is going over the different things he said on the stand. #Bosma

Susan Clairmont ‏@susanclairmont 38s39 seconds ago
Daly said gun in video different from one in video. "I wanted that one, but I ended up with another one," Smich said, according to Daly.

molly hayes ‏@mollyhayes 38s39 seconds ago
Daly testified Smich told him there was a gun in the toolbox. Goodman says Daly was confused/confusing in his recollection of this.

Lisa Hepfner ‏@HefCHCHNews 53s54 seconds ago
Daly says Smich repeatedly told people he F'd up and people were out to get him. #TimBosma

Susan Clairmont ‏@susanclairmont 49s50 seconds ago
Daly asked Smich about Bosma. Smich got angry, said he wasn't involved. Later Smich said "I ******ed up.

molly hayes ‏@mollyhayes 36s37 seconds ago
Daly said Smich told him that he "******ed up," and had become anxious and nervous.

Lisa Hepfner ‏@HefCHCHNews 1m1 minute ago
"He was evasive, unclear, and tended to agree with every lawyer's propositions," the judge says of Brandon Daly. #Bosma

Susan Clairmont ‏@susanclairmont 1m1 minute ago
Daly said Smich became more anxious and nervous leading up to his arrest. Erased all his texts/calls after using phone.

Susan Clairmont ‏@susanclairmont 38s38 seconds ago
Daly testified Smich has a "mean streak."...Arthur Jennings doing co-op at hangar. Son-in-law was Shane Schlatman.

molly hayes ‏@mollyhayes 52s52 seconds ago
Daly testified Smich had a mean streak. #Bosma