DeaconBrodie
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- May 20, 2016
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RBBM
Maybe I missed it, but Judge Code went over the crowns case, and DM's defense...but did he go over TD defense of MS?
That's what he's doing now.
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RBBM
Maybe I missed it, but Judge Code went over the crowns case, and DM's defense...but did he go over TD defense of MS?
People can imagine all they want. Did they torture her? Good question. But was WM in a bedroom down the hall at the time? Lets not forget his van was in the driveway, and as he had accessibility issues, how could he be somewhere else? IMO this murder was quick and quite, likely done before Millard went for his drive.
He refilled the tank TWICE? first fill for LB, one refill for TB so who/what was the first refill for?
That's what he's doing now.
No matter how stupid the pet cremation business was, Millard told that to his IT buddy who later related the story to Millards uncle. That is solid evidence that Millard was floating this story to at least some people. We really don't have any evidence to support a theory that Millard confided to Smich that the incinerator was for humans, so technically the comments from Smich could go either way. Does he look happy in front of that machine? Sure he does, but it was just a dead body at that point and we don't know what Millard had promised him for his participation. Recording equipment? Cadillac? So is he smiling because he loves burning bodies or is he smiling because he just hit pay dirt?
Unless they confess after 25 years we might never know. The phones silence that night makes a lot of unnecessary thoughts what they were doing.
BBM, I totally disagree. In fact I think there is an absence of evidence linking him to the planning of this crime. A few texts about bones? It has been showed time and time again that Millard was using either the garbage or animal incineration story to explain the incinerators presence. You are assuming that Smich was the only person he told of his true intentions. Smich suggests testing on a dog, which would be in line with what he was told.
That said, the judge did not make it overly clear in his charge to the jury that Smich's assistance needed to be before or after the actual killing. So technically Smich assisted in the crime by helping dispose of the body (I think we all agree on that). Is that M1? I'm not sure at this point?
Assistance after the fact is not M1, unless it could be proven that a person helped plan and encouraged the execution of a murder in order to be able to physically assist afterwards. That is my understanding.I have been looking back through Judge Code's Charge to find where he talked that an AATF could be murder 1 but I can't find it.
Can anyone help here?
People can imagine all they want. Did they torture her? Good question. But was WM in a bedroom down the hall at the time? Lets not forget his van was in the driveway, and as he had accessibility issues, how could he be somewhere else? IMO this murder was quick and quite, likely done before Millard went for his drive.
That silent time wasn't huge. Millard returned about 8:25 from his drive. Smich texted at about 12:40 asking if he was around. So obviously Smich hadn't just been with Millard. So lets say 8:25 to maybe 11:40. Maybe Smich watched a movie with MM or something?
Do you consider what DM told others about the incinerator’s intended use to be credible? I don’t. IMHO they were lies he told people when they asked what that giant smoker thing with “The Eliminator” written across it was.
MS’s participation in the incinerator was much more intimate and involved than anybody else in DM’s circle. DM never asked SS to go to the farm with him after dark to test it out. DM and MS had a secret purpose for the incinerator that nobody else was privy to. DM had no reason to lie to MS because MS was in on the whole plan from day one. IMHO these are all reasonable inferences to draw from the evidence in this trial.