As we all are, I am waiting for the final arguments and Justice Goodman's charge to the jury before making my personal decision.
As this is the eve of closing arguments, I wanted to share my personal thoughts based upon all the evidence and testimony.
You are sure to notice amongst my comments many other points which have already been made by other WSers. I hope you don't mind me mentioning them here. And I thank you for sharing them on WS.
And please also keep in mind that I will be paraphrasing to some extent here, because I am unable to copy/paste direct quotes.
First of all, prior to this case, DM and MS were criminals. They both were thieves. They also shared a very close bond. And I don't consider the theft of some of the higher priced items to be petty at all. Other hard-working people were out of pocket thousands of dollars because of them.
Yet, because DM and MS were just going to take anything they wanted from the source, they felt entitled to do that, and really ENJOYED it. Both bought/sold/gifted drugs, which is also criminal activity. They were excited about their missions, and ONE MISSION in particular, which required extra planning because they didn't want to get it wrong.
And they purchased at least one illegal loaded gun. They both held it in their hand and took a picture of it. And DM 5-fingered (stole) bullets so MS could practice with them. It is obvious that this delighted them.
So far, their characters show a complete disinterest in working legitimate jobs, and saving up to buy the things they want. It is much easier and fun for them to plan a mission to steal something. They couldn't care less about the consequences that the people/companies they stole from faced. It was just a game to them ... A criminal game.
By their very nature, criminals performing criminal acts, deny their involvement, point fingers, and try their best to leave behind as little evidence as possible.
Therefore, it is no surprise, sad as it might be, that some people believe that investigators should be able to find all or most of the evidence in order to convict. Which is, of course, an impossibility due to the innate nature of crime and criminals because the last thing they want to do is get caught. So they get rid of whatever evidence they can.
I also believe that the "CSI Effect" has potential to set some people's expectations of evidence to an insurmountable, unreasonable bar.
Then we have DM and MS involved together in the research, planning, moving the Eliminator. It's only value is to cremate livestock, although there are no livestock on the farm ... Not pets ... Not garbage. At $23,000, that is a huge investment, and if DM had any legitimate purpose for purchasing it, I have racked my brain and decided it could only possibly be to burn human remains. If he had been a more reasonable type of person, he could have bought his 3500 rather than the eliminator. But, being a criminal with a sense of entitlement and a sick and twisted mind, the livestock incinerator becomes a very important purchase for him, and it was purchased very quickly. I am certain he would have stole one if he could, but they simply aren't plentiful. He desperately wanted one ASAP, and IMHO it was a killing machine, part of their plan to steal and murder at the same time because multiple successful thefts had lessened the thrill they had experienced. Their theft thrills were now escalating to murder. Just a game ... Just a mission for the two of them to accomplish.
As far as MS's testimony goes, as others have explained in a much better fashion, is obvious to me that when he chose to to be forthcoming in his testimony, it was to fit into the evidence/testimony that had already been introduced, and only to put himself in a better light. He either lied, or gave versions of "I can't remember". I am sorry but during the questioning about conversations he had with Millard when they had spent days and hours together during planning their mission, murdering Tim, and all the disposing of evidence of murder, moving various things, etc., etc., it is beyond belief that they didn't talk about anything to do with what had happened. He didn't need to recite it verbatim, but he could certainly have told the gist of it. Therefore, I give MS's testimony very little weight.
I won't go into all the texts messages here, because they have already been outlined and reasoned perfectly by billandrew and others. I personally give them a great deal of weight in context. They are cryptic for a reason, because they can't be open and honest while texting about nefarious things, but I certainly believe that reasonably and most likely, given all the other evidence, they have tremendous evidentiary value and are extremely damning.
DM's version of what happened that night I take with a single grain of salt because it was only a suggested possibility by Sachak.
For me, Dellen's jailhouse letters were telling in many ways.
A burner phone was purchased, and only used to contact potential victims of their mission.
I am surprised whenever I read that some aspects of the Crown's case are considered weak. Perhaps the CSI Effect again?
LE has truly shone in this case. They were extremely diligent and dedicated in collecting-interpreting what was most likely all the evidence that was left behind by WS and DM. That is quite a feat, based upon the inherent traits of criminals.
There is a mountain of evidence against DM and MS. So much more compelling evidence than has ever been given in the majority of trials that I have closely followed.
I am certain to be missing many of my other reasons for arriving at my personal conclusion, but the whole picture to me is as clear as a bell. WS and DM are both guilty of 1st degree murder, and that doesn't even take into consideration the issue of forcible confinement, which I am not yet sure has been removed from the table.
Thank you for reading/listening and sharing all your thoughts and theories.
As always, MHO.
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