Bosma Murder Trial 06.10.16 - Day 59 - Charge to jury

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I'm not writing all of this recap as we've heard it all before at this point.
by Adam Carter 3:28 PM
 
Not really. IIRC, Bullman never claimed they continued on Book after Trinity. What he said is that they turned west on Book as they exited from the field but he doesn't know whether they turned at the intersection or continued on Book.

That's my recollection.

I remember latching onto this detail when trying to account for missing time. He did say they went down Book Rd towards Brantford...he could see them for just under a KM before they were out of site. Here was one of his statements that I grabbed from the daily recap thread.

Rick Bullman - neighbor of the Bosmas

  • The night of May 6 saw "two vehicles pull out of his father's place -- a dark truck and a second vehicle pulling out right behind it. 'I thought that was odd,' Bullman says. The vehicles went down Book Road towards Brantford that night, he says."
 
Lisa Hepfner ‏@HefCHCHNews 1m1 minute ago
Arthur Jennings did odd jobs at Millard's hangar. Shane Schlatman's son in law. Both were surprised to get msg to stay away from hangar.

molly hayes ‏@mollyhayes 1m1 minute ago
Art Jennings testified that he got the "airport politics" text he got from Millard on May 7. On May 8, he saw black truck at hangar.

Susan Clairmont ‏@susanclairmont 58s58 seconds ago
May 7, 2013 Jennings got message from Millard not to go to hangar. May 8 went back to hangar, saw black truck. He suspected it was Bosma's.

Lisa Hepfner ‏@HefCHCHNews 57s57 seconds ago
When they went back to work Arthur Jennings noticed the truck and wondered if it was #TimBosma. He didn't do anything until the next day

molly hayes ‏@mollyhayes 1m1 minute ago
On May 9, Jennings says he took photos and contacted Crime Stoppers. Confirmed it was #Bosma truck.

Susan Clairmont ‏@susanclairmont 46s47 seconds ago
Jennings called CrimeStoppers. VIN matched #Bosma truck. Wouldn't tell police where truck was. May 10, truck gone from hangar.

Lisa Hepfner ‏@HefCHCHNews 42s43 seconds ago
May 9 Jennings took photo of #TimBosma truck and called CrimeStoppers with VIN number. On May 10 when he came back to hangar it was gone

Lisa Hepfner ‏@HefCHCHNews 45s46 seconds ago
Then on May 10 Millard told Jennings, calmly, not to come back to work.

molly hayes ‏@mollyhayes 55s56 seconds ago
On May 10, truck + car trailer were gone. Later that day Millard fired him. Nothing else stuck out to him as unusual that week.

Susan Clairmont ‏@susanclairmont 38s39 seconds ago
May 10, Millard told Jennings not to come back to hangar. His co-op was done. Schlatman remained as Millardair mechanic.

Lisa Hepfner ‏@HefCHCHNews 47s47 seconds ago
Shane Schlatman, mechanic, was the only surviving employee when Millard fired everyone else after dad's death. #Bosma
 
molly hayes ‏@mollyhayes 52s53 seconds ago
Shane Schlatman testified about being mechanic at Millardair. Schlatman put in order for Eliminator.

Susan Clairmont ‏@susanclairmont 42s43 seconds ago
Schlatman helped order the Eliminator. Testified Millard thought he'd help veterinarian uncle incinerate dead pets.

Susan Clairmont ‏@susanclairmont 25s25 seconds ago
Schlatman researched Eliminator and he paid for it with Millard credit card for $15,000.

Lisa Hepfner ‏@HefCHCHNews 28s28 seconds ago
Millard told Schlatman that he wanted an incinerator for a business opportunity with euthanized pets.

Susan Clairmont ‏@susanclairmont 16s16 seconds ago
Schlatman did test burn of Eliminator. Never used it again. Only Millard knew how to use it.

Susan Clairmont ‏@susanclairmont 11s12 seconds ago
Schlatman saw black pick-up in hangar on May 8. Testified Millard told him he bought it from someone in Kitchener, would take it to Baja.

molly hayes ‏@mollyhayes 11s12 seconds ago
Schlatman also saw truck on May 8, said Millard told him he got it in Kitchener. Wanted it painted red.
 
Lisa Hepfner ‏@HefCHCHNews 24s25 seconds ago
Schlatman says Millard brushed off his questions about #TimBosma truck. Schlatman took all logos off truck & ordered windshield remover

Susan Clairmont ‏@susanclairmont 29s29 seconds ago
Windshield removal kit ordered. Jennings told him it was Bosma truck. He didn't go to police.

molly hayes ‏@mollyhayes 14s14 seconds ago
After speaking to Jennings late on May 9, he found out it was the #Bosma truck. Says he didn't think Millard was involved.
 
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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My guess is that if they can't prove who killed TB then it's a moot point. They know he was killed in the truck, but can't prove which one of them killed him.
So now they are left with proving if it was planned or not. Not sure about the legal reasoning. Just my guess
 
Goodman is still running through the timeline of events, as told by witnesses that the jury has previously heard.
by Adam Carter 3:34 PM
 
Lisa Hepfner ‏@HefCHCHNews 57s58 seconds ago
Schlatman testified that Millard was a rich guy and didn't need to steal a truck. The jury should look at texts between the two, judge says

Susan Clairmont ‏@susanclairmont 47s48 seconds ago
Schlatman said he didn't talk to Millard on May 9 about Bosma truck. But texts may show differently...Police at hangar May 10.

molly hayes ‏@mollyhayes 1m1 minute ago
Schlatman says he didn't talk to Millard that night, but texts between them that night about truck may suggest otherwise.

Lisa Hepfner ‏@HefCHCHNews 1m1 minute ago
Eliminator was referred to as the BBQ, Schlatman testified. #TimBosma

Susan Clairmont ‏@susanclairmont 1m1 minute ago
Schlatman testified he and Millard called Eliminator "the BBQ."

molly hayes ‏@mollyhayes 41s41 seconds ago
Schlatman testified there was lots of vehicles, equipment in hangars. Said Millard had many assets, never late with pay.

Susan Clairmont ‏@susanclairmont 1m1 minute ago
Schlatman used Millard credit card to buy $15,000 worth of stuff every month.

molly hayes ‏@mollyhayes 37s38 seconds ago
Schlatman denied having loyalty to Millard or turning a blind eye to the situation. He said he was not protecting him.

Susan Clairmont ‏@susanclairmont 43s44 seconds ago
Schlatman denied having a great loyalty to Millard or turning a blind eye to situation. He made Eliminator mobile.

Susan Clairmont ‏@susanclairmont 12s13 seconds ago
Schlatman testified he was told Millard bought the stolen Bobcat and that he was asked to remove its GPS.

Susan Clairmont ‏@susanclairmont 10s11 seconds ago
Schlatman said he made a mistake by not asking the right questions about the Bosma truck. And that he wasn't certain about it, even though..

Susan Clairmont ‏@susanclairmont 26s27 seconds ago
...Jennings told him it was the Bosma truck with confirmation of VIN.

molly hayes ‏@mollyhayes 18s19 seconds ago
Schlatman testified Millard asked him to help move the red truck out of the hangar in case it was locked down.

 
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



BBM
And IMO this is exactly why TD did NOT bother to question BD about the meeting between DM and MS, not some hidden strategy in the MS defense.
 
Simple ... it's because the crown has actually not proven forcible confinement at all

Well, couldn't the jury reasonably conclude, without being directed by the Crown, from all the evidence, that once Tim was in the truck, he was forcibly confined? That DM and/or MS were never going to give Tim the option to leave, when they brought a loaded weapon along on the test drive? That seems like a common sense issue to me.

MOO


Sent from my iPad using Tapatalk
 
Lisa Hepfner ‏@HefCHCHNews 35s35 seconds ago
Javier Villada was Millard's handyman and worked at his various properties. May 4th he was asked to switch vehicles with Millard. #Bosma

Susan Clairmont ‏@susanclairmont 27s27 seconds ago
Javier Villada was Millard handyman. He spoke of Millard finances.

molly hayes ‏@mollyhayes 25s25 seconds ago
Javier Villada testified Millard asked to swap vehicles w him that weekend (wanted the red truck).

molly hayes ‏@mollyhayes 23s24 seconds ago
Marlena Meneses testified she too overheard convo on May 4 about a plan to steal a truck. She told Smich not to do it.

Susan Clairmont ‏@susanclairmont 22s23 seconds ago
Marlena Menses testified Mark's iPad given to him by Dell, but she used it too...Overheard Smich and Millard talking about stealing truck.

Lisa Hepfner ‏@HefCHCHNews 15s16 seconds ago
Marlena Meneses testified that she knew Smich & Millard were planning to steal a truck. She tried to discourage Smich but he wouldn't listen

Susan Clairmont ‏@susanclairmont 14s15 seconds ago
She tried to talk them out of stealing truck. Knew they were going for test drive on May 6. She told Smich not to go. He didn't listen.

molly hayes ‏@mollyhayes 7s8 seconds ago
On May 6, Smich told her he and Millard were going on a test drive and steal a truck. Again told him not to go. He didn't listen.

Lisa Hepfner ‏@HefCHCHNews 8s8 seconds ago
Meneses testified that Smich didn't come home May 6 & she was worried. At 9:20pm Smich texted that he was driving. He didn't have license

molly hayes ‏@mollyhayes now
Meneses said Smich didn't come home that night. Didn't see him until next morning. Only time thy connected he told her he was busy driving.

Susan Clairmont ‏@susanclairmont 28s28 seconds ago
Smich did not come home on night of May 6. She was worried. She contacted Michalski out of concern. May 7, Smich and Millard picked her up.

molly hayes ‏@mollyhayes 36s37 seconds ago
Meneses testified Smich and Millard were "celebrating" that their mission went well when they picked her up early on May 7.

Susan Clairmont ‏@susanclairmont 19s20 seconds ago
They said their mission went well and they or he got the truck that they or he wanted. "Mission complete."

Lisa Hepfner ‏@HefCHCHNews 6s7 seconds ago
Meneses testified that Millard and Smich were happy and celebrating a successful mission when they picked her up early May 7

 
Well, couldn't the jury reasonably conclude, without being directed by the Crown, from all the evidence, that once Tim was in the truck, he was forcibly confined? That DM and/or MS were never going to give Tim the option to leave, when they brought a loaded weapon along on the test drive? That seems like a common sense issue to me.

MOO


Sent from my iPad using Tapatalk

How could they conclude that DM and/or MS was never going to give TB the option to leave? To arrive at that rung on the ladder, they would need to prove it was premeditated.
 
molly hayes ‏@mollyhayes 41s42 seconds ago
She never said that in her original police intvu.

Susan Clairmont ‏@susanclairmont 41s42 seconds ago
She said on stand she couldn't remember if both said they stole truck. Said they were "celebrating." But never said that in police interview

molly hayes ‏@mollyhayes 18s19 seconds ago
Meneses said they stayed at her sisters after Millard's arrest, using Smich's sisters wedding as an excuse for being a place to crash.

Susan Clairmont ‏@susanclairmont 18s19 seconds ago
After Millard arrest, she wanted to smoke some of the weed from MapleGate. Says she never contacted Noudga.

molly hayes ‏@mollyhayes 2m2 minutes ago
She said she wanted some of the drugs. To smoke. Says Smich told her there was a toolbox too, that contained a gun but she never saw it.

molly hayes ‏@mollyhayes 1m1 minute ago
Meneses says Smich told her Bosma was "gone, gone." That Millard shot him. She couldn't recall if he said they or he (Millard) burned him.

Susan Clairmont ‏@susanclairmont 1m1 minute ago
Smich told her there was a gun in toolbox. And that #Bosma was "gone, gone." And that Dell shot Bosma and either "they" or "he" burned him.

 
Goodman is still running through the timeline, now at the point in Meneses' testimony where Smich told her Bosma was "gone, gone."
by Adam Carter 3:45 PM
 
Simple ... it's because the crown has actually not proven forcible confinement at all

I would think that's pretty much self explanatory isn't it? The minute a gun is pulled on him, I'd say he was forcibly confined. Unless he was given the opportunity to get out and hand over the truck, and there's nothing anyone can say to me to suggest that he turned down the chance to get out.
 
I remember latching onto this detail when trying to account for missing time. He did say they went down Book Rd towards Brantford...he could see them for just under a KM before they were out of site. Here was one of his statements that I grabbed from the daily recap thread.

Rick Bullman - neighbor of the Bosmas

  • The night of May 6 saw "two vehicles pull out of his father's place -- a dark truck and a second vehicle pulling out right behind it. 'I thought that was odd,' Bullman says. The vehicles went down Book Road towards Brantford that night, he says."

Mark Carcasole ‏@MarkCarcGlobal 1m1 minute ago
Bullmann tells #Millard lawyer he did not see which way the two vehicles turned. Only able to see they that were headed toward Brantford.

Now that I'm looking, there is a tweet that they crossed Trinity. But then he didn't see which way they turned. Go figure. The simplest explanation is that it was dark and he misjudged the distance. Everything seems to point that the did turn north on Trinity.
 
molly hayes ‏@mollyhayes 1m1 minute ago
Meneses said Smich told her he got rid of the gun that was used to kill #Bosma (after failing to sell it) by burying it in a forest.

Susan Clairmont ‏@susanclairmont 1m1 minute ago
Smich planning to sell gun. He was unsuccessful. He told Meneses he wrapped it in duct tape and buried it in forest. He can't recall where.

Lisa Hepfner ‏@HefCHCHNews 1m1 minute ago
Smich told Meneses he wrapped the gun in duct tape and buried it in the forest. The jury will remember his lack of recall on that issue.

molly hayes ‏@mollyhayes 1m1 minute ago
After his arrest on May 22, Meneses said she told police everything she knew. But agreed she lied about 2 parts:

molly hayes ‏@mollyhayes 53s53 seconds ago
Knowledge of eliminator and fact that Smich directed her to cancel his phone.

Susan Clairmont ‏@susanclairmont 46s46 seconds ago
Meneses said she pressed Smich for answers but he "deflected" her queries. Smich instructed her to cancel cell phone, so she did.

Lisa Hepfner ‏@HefCHCHNews 44s44 seconds ago
When Meneses asked Smich about #TimBosma, he told her Bosma was "gone, gone."

molly hayes ‏@mollyhayes 32s33 seconds ago
She testified Smich told her he "******ed up."

Susan Clairmont ‏@susanclairmont 21s22 seconds ago
Meneses testified Smich told her he "******ed up." And that they expected drugs to be delivered, but not gun.

Lisa Hepfner ‏@HefCHCHNews 13s14 seconds ago
Meneses said neither she nor Smich were expecting to get a gun in the package of stuff from Millard's house. #Bosma

molly hayes ‏@mollyhayes 37s38 seconds ago
Justice Goodman is done with his charge for the day. He will deliver part 2 on Monday. #Bosma

Susan Clairmont ‏@susanclairmont 27s28 seconds ago
Justice Goodman says he is done with charge for today. Jurors reminded they are mid-charge and cannot discuss case or access media.

Lisa Hepfner ‏@HefCHCHNews 25s26 seconds ago
#Bosma judge is finished for the day. Renewed caution to jury not to discuss evidence or do research over the weekend. Back Monday.

molly hayes ‏@mollyhayes 8s9 seconds ago
He cautions the jury again not to discuss the case or read media reports over weekend. On Monday they'll begin their deliberations.
 
Goodman is now ending for the day. He's going to finish his charge on Monday. He tells the jury not to discuss anything with anyone.
by Adam Carter 3:49 PM

Watch this page for a recap/explanation of his charge, to come shortly.
by Adam Carter 3:49 PM
 
How could they conclude that DM and/or MS was never going to give TB the option to leave? To arrive at that rung on the ladder, they would need to prove it was premeditated.

Because ANY human being will get out and hand over the truck if given the choice between never getting to tuck your baby girl in again or getting shot in the head. It's a no brainer. Those punks didn't give him a choice.
 
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