Thank you for finding this JuneBug, I believe it says so much and about what MS and SS truly believe and were led to believe about the incinerator. How can you base a case on MS on his involvement in the purchasing and usage of the "barbecue" and leave out this particular text. This is not MS designing his case around the evidence, this IS evidence clearly showing what he was thinking at the time of the purchase in June of 2012. His actual testimony backs up this piece of evidence that he thought DM wanted the incinerator for garbage.
I also want to point out that MS DID have a shoulder injury, I believe a dislocated shoulder which he also clearly texts about the pain PRIOR to the incinerator usage and once again testified to. Again, not designing his testimony to fit the evidence but confirming the reason why he did not assist DM.
One further point about MS's cell phone. Again, clearly it has been entered into evidence through text message that he was having a problem with his phones. Many texts asking to link to Ipad as his phone was "f....d", why is his actual testimony, which is evidence ignored for the more popular version that he intentionally turned off his phone and then again used and lost his SIM card to avoid producing evidence???? When he was arrested he had on him one phone which held a SIM card. We are led to believe that he hid or destroyed the other. Could it be too difficult to believe that this piece of evidence the size of a nickel and thickness of a dime could have been lost or overlooked in the midst of the takedowns and searches?
We are constantly reminded to base our opinions on the "totality" of the evidence but are ignoring key parts which are important as they ARE documented evidence and not merely just theory
The texts are being left out in it's totality to show that MS planned and knew what the incinerator was for. Just like the sausage pictures and fireside furniture weren't linked until well afterwards, and the only place we saw them was from AH from the National Post.
When we did see them, many were underwhelmed by this "damming evidence".
In regards the MS shoulder injury it is also collaborated as in the evidence pictures at Smich's mother's home, there was a calendar in his bedroom and a note on the fridge with drs apt/MRI including the dr name.
As for the phones, yes MS did say his phone was f....d. and as many have pointed out, we didn't actually need Smich's SIM card,
MM pointed out the actual phone at trial
SIM or not, damaging text messages should be recovered from it. And in reality the evidence needed should've been on DM's phone from MS
for the planning of this murder. Texts were recoverable on DM's phone, Apple took care of that for LE.
So why not MS texts to DM??
The answer for that seems to be, they didn't need to plan via text, they met up. DM spilled a whole lot of information to AM via texts and he lived with the guy. And if that's the case, how can you say someone had knowledge of something when there is no way to prove someone's knowledge? MOO
