Bosma Murder Trial - Weekend Discussion #16

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I assumed that DM's father because it was a "suicide" would have been using a gun that he owned himself. I don't know that DM would be showing him guns he purchased.
DM would plant the gun (his prints wiped) beside his father's body to make it look like suicide. He would have to hope that LE would assume that WM could purchase a gun if he really wanted to.
 
This is my take on the incinerator. If it was truly ever innocently and legitimately intended for burning garbage or pets, would it be reasonable to imagine that within barely a few minutes after an "accidental" killing of TB in his own truck, that a very shocked DM and/or MS would jump immediately to the perfect conclusion that they could simply incinerate TB in the Eliminator at the farm or the hangar? Not a chance in a million years, IMO.

All MOO.

Exactly. The proof is in the pudding as they say.
 
BBM

In Canada, no it is not. Which is perhaps part of the problem here. My personal opinion is that the criminal code for 1st degree murder needs to be amended to add "death occurs during the commission of an armed robbery". Then perhaps we wouldn't be having this discussion? :waitasec:

MOO

IMO whether it is technically first degree or not, they are going down for a long long long time.
 
And he kinda hid it away in the barn. Maybe that's where he was going to burn garbage. Maybe there were rules against storing a machine like that at the hangar. He had no problem storing everything else at the hangar! But obviously he wasn't going to be burning metal from the hangar business at the farm.

Regardless of what anyone else was told, I think Millard himself knew damn well what he bought it for, and it wasn't for garbage, metal, or pets.

Yes Bill , propane tanks have to be stored in an outside ventilated area or enclosure , but I suspect if DM was going to be in the victim burning business he would do it at the farm and use the generator.
 
They both sounded like the one that was written for Carl Millard when presumably the duty would have fallen to Wayne. I thought it was perhaps likely that Wayne wrote Carl's and Elizabeth's, and then Dellen emulated the style for his father.

The parts that are suspect for me are as follows (also I saw 2 versions of her obit posted):

"She later became an esthetician, which she practiced until her cancer operation in November 2006." (Who says that?)

"Elizabeth was a gentle and kind soul. She had great empathy for animals, which likely started with her devotion to her childhood pony "Chico", who she still spoke of in her final years. Her Elizabeth Glass Animal Welfare Foundation was established to offer help to injured or abandoned urban wildlife. Members of the Glass and Joel Family are invited to call Elizabeth's executor at 416-695-2521". (I believe this was DM's home phone number.)

"There are family photos and mementos which should be passed on within family." DOD May 19, 2009

copyright link http://yourlifemoments.ca/sitepages/obituary.asp?oid=503761
 
This is my take on the incinerator. If it was truly ever innocently and legitimately intended for burning garbage or pets, would it be reasonable to imagine that within barely a few minutes after an "accidental" killing of TB in his own truck, that a very shocked DM and/or MS would jump immediately to the perfect conclusion that they could simply incinerate TB in the Eliminator at the farm or the hangar? Not a chance in a million years, IMO.

All MOO.

People very often do attempt to hide or dispose of a body after a killing to escape detection, so thinking of the incinerator as cruel and gruesome as it is actually wouldn't be a showstopper for me in believing this was 2nd degree murder or manslaughter. However my real sticking point is that I just can't get my head around the Crown's argument. People are sadly murdered every day, and only very, very, very few of them are murdered by thrill killers working in pairs. In a sense it's an extraordinary claim that falls just short of needing extraordinary proof. Add to that that it is allegedly thrill killers with a very specific plan to steal a truck and murder an owner...that they don't enact for 10 months? It remains a difficult theory to grasp for me. It's possible, and this is why I asked my mini-poll question, that the incinerator didn't start as part of a murder plan but somewhere along the way evolved into one, whether as part of a premeditated plan, an plan for exigent circumstances, or something improvised after a robbery gone bad.
 
Such a good point. However, I could be wrong but I was under the understanding that even if MS and DM had 'only' been planning to car jack the car from TB, but 'accidentally' ended up killing him and were in the possession of a weapon (or even using a choking from behind maneuver 'accidentally' resulting in death) for the purposes of disabling TB to drive away vehicle and steal it, it could lead to first degree murder.
One of my theories is that this is why MS is lying so much about much of some of the details, and denying knowledge of the gun (s) From the evidence it seems obvious to me that it was they were hoping to drive away with truck and key,instead of having to go back later with all of the obstacles that brings. This thought is definitely touched on in Dms letters to CN, regarding him not wanting to get charged with first degree murder, even knowing it would be hard to prove the aactual manner of death.
Also, quick note - In my opinion MS probably did arrange to sell off the gun(s), and would not want to rat out Squishy or whomever. In fact, I feel like he probably would have not testified (or said much) until he learned of DMs letters and seeming intentions to throw MS under bus.
overall, why mix in a murder with the stealing of a truck? They could have easily dropped off TB somewhere alive and well - what a heat score to *plan* on committing a murder while stealing a truck. That would be a really stupid plan. Sounds to me from MSs point of view at least, this was a armed robber/car jacking gone terribly wrong. (Perhaps hence the "I effed up" comments afterwards)

Except for the incinerator I cannot get around that. The effed up comment was because he made more of a mess that he had intended. Used wrong bullets for gun or wrong gun. Or was not as precise as he had intended and shot out the window or had to shoot twice .......but not in my opinion an robbery gone wrong. I used to think like you but not anymore.
 
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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I'm glad I checked in here to discover that closing addresses begin tomorrow instead of Wednesday. DM's closing by Pillay should be quite interesting.

The break I took from following this case afforded me some time and space away that resulted in a fresher perspective. I was recalling how the judge instructed the jury at the beginning of the trial (going only on memory - no link) when he cautioned them not to investigate the crime but to focus only on the facts and testimony and evidence presented. What great advice.

There's no way I'm going to catch up on all the discussion since I also decided to take a break but I wanted to comment on this. I honestly can't pinpoint one thing about MS's testimony that seemed believable (for the most part) to me, but it did. In some ways, it still does. In others, not so much. Despite who/what he may seem to be like now, on May 6, 2013 was clearly a horrible human being doing horrible things.

That was part of the reason I decided to take a break and clear my head and wait for the closing arguments that tie everything together. There are so many variables, details, people, liars, etc., going on in this case, it's just too easy to find yourself (for me anyway) going down a rabbit trail & losing sight of the bigger picture. I'm very much looking forward to the next few days. Mostly because it's the beginning of the end of this wretched chapter for the Bosma family, but also because I think it's going to cross every T and dot every I.

moo - fwiw
 
Its a lame excuse for sure but the time is short. Tim may have had bad feelings about the situation, but surely not enough to panic.

I do not believe that DM got a text from his friends from Tim Hortons. MS and DM in my opinion did not have to come up with anything because the plan was to kill TBand he was shot with no warning by MS from the back seat of the TB's truck as planned. No need to make up anything to TB because he was dead. Then they pulled into where the Yukon was parked. The "I f'd up" statement is because they had not intended on an extensive clean up.
 
I thought it was MM that sent the pic of a necklace to MS. I could be wrong. The Mark! Text was the morning of May 7 when she hadn't heard from him all night. But your point is valid, when you read them together it takes on a new meaning.

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Or the necklace was something that was obviously stolen.
 
But then that would lead me back to the question. WHO had the gun?
Why do you get convicted of first degree murder if your friend carried a gun and used it and you weren't in the know? I'd hate to be innocent. People are making this guilty by association. MOO

IMO it does not matter that there may have been one gun....the important thing is that it was a plan that they both participated in. I think that has been established.
 
I think you are right. DM/MS likely planned early on to kill Tim very quickly while they still had an element of surprise, and it would give them more time for the getaway before SB became alarmed. I think that was part of the plan, but like most things, they did not execute it intelligently. IMO

They did not have to tell TB anything. I don't believe that they told him anything. Remember this is what lying MS said. I do not believe him. He is saying this as part of his plan to remove himself from the vehicle and say that the shooting happened after he got in to the YUKON. This story that MS told was illogical.
 
Its a lame excuse for sure but the time is short. Tim may have had bad feelings about the situation, but surely not enough to panic.

I do not believe that DM got a text from his friends from Tim Hortons. MS and DM in my opinion did not have to come up with anything because the plan was to kill TBand he was shot with no warning by MS from the back seat of the TB's truck as planned. No need to make up anything to TB because he was dead. Then they pulled into where the Yukon was parked. The "I f'd up" statement is because they had not intended on an extensive clean up.
 
Going to avoid quoting for space, but thanks for the post Mrs. Threadgood :)

I don't think the Crown has a weak case, but what has thrown me is that to me they have taken a strong case and made the weakest possible argument from it. The thrill killers lying in 10 month wait really threw me for a loop...I didn't expect them to go there. To make murder and incineration in and of itself a goal. That tack surprised me and I didn't have a sense of it until the cross of MS. It almost felt like it was crafted specifically as an evolved theory in case MS had made some headway with the jury. We saw new texts emerge to support it. People rightly point out that MS and DM have crafted versions to fit the known evidence, but make no mistake that the Crown crafts too. This is an adversarial system and each side desires to win.
 
There's no way I'm going to catch up on all the discussion since I also decided to take a break but I wanted to comment on this. I honestly can't pinpoint one thing about MS's testimony that seemed believable (for the most part) to me, but it did. In some ways, it still does. In others, not so much. Despite who/what he may seem to be like now, on May 6, 2013 was clearly a horrible human being doing horrible things.

That was part of the reason I decided to take a break and clear my head and wait for the closing arguments that tie everything together. There are so many variables, details, people, liars, etc., going on in this case, it's just too easy to find yourself (for me anyway) going down a rabbit trail & losing sight of the bigger picture. I'm very much looking forward to the next few days. Mostly because it's the beginning of the end of this wretched chapter for the Bosma family, but also because I think it's going to cross every T and dot every I.

moo - fwiw

Agreed. Closing arguments tomorrow should hopefully bring more clarity for everyone. Regardless it'll be up to the jury. They have a ton of things to consider as we all have been doing.
 
There's no way I'm going to catch up on all the discussion since I also decided to take a break but I wanted to comment on this. I honestly can't pinpoint one thing about MS's testimony that seemed believable (for the most part) to me, but it did. In some ways, it still does. In others, not so much. Despite who/what he may seem to be like now, on May 6, 2013 was clearly a horrible human being doing horrible things.

That was part of the reason I decided to take a break and clear my head and wait for the closing arguments that tie everything together. There are so many variables, details, people, liars, etc., going on in this case, it's just too easy to find yourself (for me anyway) going down a rabbit trail & losing sight of the bigger picture. I'm very much looking forward to the next few days. Mostly because it's the beginning of the end of this wretched chapter for the Bosma family, but also because I think it's going to cross every T and dot every I.

moo - fwiw
Fair enough, I can see the need to get away from all the back and forth and come back for closing arguments with a rested mind, but I recommend you review exhibit 144 posted over the weekend and billandrew's synopsis of the implications of the text messages as it fits into the time line.

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I've been reflecting on the testimony of MH, AM, BD and MM based off on someone post challenging who has the most to lose by telling the truth and/or lying/hiding information.

1) I've have been unfortunate enough to been called as a witness for the prosecution in a sexual assault case about 15yrs ago. I was asked about 6 questions, requiring very little elaboration and was told beforehand to be brief and answer the question. All these witnesses have a fully more robust version of events that we didn't hear. It's very hard for me to say so-and-so had no reason the lie. Complexities of relationship and the ability to formulate an answer on the spot can skew this. I know it's up to the jury to determine who and what they believe but they all took an oath to tell the truth and don't face charges themselves so why wouldn't they tell the truth? ETA, scratch that, I think they all have something to hide, even if subconsciously, but I have to think they told the truth. IMO.

2) I think MM knew way more. I believe the discussion on May 4 on who to steal the truck from would have lead to the question, how do you plan to do that? And so I think her woman's intuition that something would go wrong had to do with the answer to that question. Her text the next day specifically said, I thought you died or something, not I thought you got hurt, or something else. I do believe she was young and naive enough to not ask a lot of questions but if they were joined at this hip and MS was just doing what he was told, I believe he would have broke down in private and told her. ETA if he lunatic Millard killed someone and he had no idea. MS was a little too cool May 7> and so I feel he was in the know/comfortable with what was happening. IMO.

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I base my opinion on all who testified and it they did not "Tell the whole truth and nothing but the truth" so to speak. Too many gaps were the common thread that ran through each and every testimony by all of the gang of thieves. It was an exercise in crimes of omission.
 
Yes of course , and the person who had the perfect opportunity to prove he did not have/use the gun was MS on the stand .... and he did not .... so in my eyes he is much more than guilty by association

Crimes of omission. MS and the gang of thieves is full of gaps. They came out with information in bits and pieces and then would wait and try something else on for size to see if it would fit. A 3 year game of cat and mouse they played with LE and then the jury and the judge and the Bosma's. They are guilty as hell.
 
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