Suspect #2: Mark Smich *Charged* 1st Deg Murder 22 May 2013 #2

[expat cdn]

Curious why MS would implicate himself in another possible confinement/murder case in order to get a deal on the first charge. Would they offer him a cushy deal for both murders? If he knows so much about both cases, it would seem he was possibly there for both cases.

JMO

No one here is saying that MS is getting a cushy deal. Did they?

Another murder? maybe, or drugs. MS could be well be talking not about another murder, could be drugs or chop shop stuff.

 

[SnooperDuper]

Ms does not sound too convinced that he is going to be off the hook for TB's death...unlike DM who seemed to think he was getting bail

[MS] says he will get in touch when the time is right — “when I get out of here or however this works out,” he said. But for now, he said, “I have nothing to say.”

http://www.thestar.com/news/gta/2013/09/12/tim_bosma_murder_men_accused_of_slaying_say_they_want_to_tell_their_story_but_cant.html

 

[Alethea Dice]

No one here is saying that MS is getting a cushy deal. Did they?

Another murder? maybe, or drugs. MS could be well be talking not about another murder, could be drugs or chop shop stuff.

I guess, but I don't know why Toronto LE would be doing the search of the barn if this was about drugs or a chop shop out of their jurisdiction. I thought they said it was about LB's disappearance.

No one has specifically said he was getting a deal, but many seem to think he is the one talking. If you don't think he's getting a deal, then why do you think he might have suddenly decided to talk? What's the point if all it does is guarantee him a conviction of guilty of first degree?

JMO

 

[redheart]

I think the point would be he probably knows by now that LE has enough to convict him of 1st degree murder regardless of whether he talks or not.
They may NOT yet have enough to convict DM of other crimes (LB or WM), hence MS is helping (maybe DM bragged to him?) in hopes of cutting a deal on the 1st degree charge that he knows he has no chance of beating. MOO

 

[hopingforjustice]

Ms does not sound too convinced that he is going to be off the hook for TB's death...unlike DM who seemed to think he was getting bail

[MS] says he will get in touch when the time is right — “when I get out of here or however this works out,” he said. But for now, he said, “I have nothing to say.”

"The 26-year-old wells up when asked about his family, friends — but nods to acknowledge they do keep in touch, they do visit."

JMO but I would be very surprised if it wasn't MS that was doing the talking. o

I think he has had a very colourful but "local" past that had him "respected" as a bad boy in the neighbourhood and that may have made him feel confident enough to play with the big dogs but when it all unfolded, he was into way more than he bargained for.

If his family is visiting as he says, then looking into his parents and siblings eyes and seeing the pain he has caused has got to play on him. He's a kid..and has got to be scared senseless .

He is not the mastermind here...he's a puppet and could not get out of it.

Not forgiving or excusing him by any stretch of the imagination..he should well pay the price for anything he had to do with this.

Just explaining why I think he is the one talking..

 

[Alethea Dice]

I think the point would be he probably knows by now that LE has enough to convict him of 1st degree murder regardless of whether he talks or not.
They may NOT yet have enough to convict DM of other crimes (LB or WM), hence MS is helping (maybe DM bragged to him?) in hopes of cutting a deal on the 1st degree charge that he knows he has no chance of beating. MOO

Exactly - a deal - thank you. Otherwise, he may as well just plead guilty.

JMO

 

[redheart]

Exactly - a deal - thank you. Otherwise, he may as well just plead guilty.

JMO

If he's talking, I'd be surprised if it wasn't for some sort of consideration. I don't know about a "cushy deal", but something...

 

[expat cdn]

If he's talking, I'd be surprised if it wasn't for some sort of consideration. I don't know about a "cushy deal", but something...

Sure, also , MS may be talking, not necessarily confessing to more crimes, just telling LE what he knows, what DM has told him. Maybe what happened between DM and LB.

I would also imagine LE have had some of DM's friends talk to them, telling LE what they know about TB's murder and other possible crimes. ie. LB, drugs, chop shop, etc.

 

[ArianeEmory]

Some tweets that just came up from a CBC journalist:

Andrea Bellemare ‏@andreabellemare 2m
Mark Mendelson says police could have discovered information they didn't have before to return to search Millard farm. #kw

Andrea Bellemare ‏@andreabellemare 1m
Mendelson, ret'd detective, says it's a rigorous legal process to get a search warrant, new info would need to be substantial. #kw

 

[Archangel7]

If he's talking, I'd be surprised if it wasn't for some sort of consideration. I don't know about a "cushy deal", but something...

Anything is possible, however a "REAL" deal wouldn't likely be true prior to Pretrial(so it could be presented to the Judge).

If one or the other suspects were going to "fold" there wouldn't likely need to be a Trial, thus no need to set a Judicial Pretrial date right?

Conversely, if a perp was to want a "legal" deal/plea it would likely be @ Judicial Pretrial so the Judge could weigh in on the "acceptance of the deal" right?

I think time has passed, and evidence testing results has revealed, or computers, websites, email, documents, photos, and interviews have told their" tale" thus leading to a request for a new Search Warrant.

 

[redheart]

Anything is possible, however a "REAL" deal wouldn't likely be true prior to Pretrial(so it could be presented to the Judge).

If one or the other suspects were going to "fold" there wouldn't likely need to be a Trial, thus no need to set a Judicial Pretrial date right?

Conversely, if a perp was to want a "legal" deal/plea it would likely be @ Judicial Pretrial so the Judge could weigh in on the "acceptance of the deal" right?

I think time has passed, and evidence testing results has revealed, or computers, websites, email, documents, photos, and interviews have told their" tale" thus leading to a request for a new Search Warrant.

Well, but what would happen if MS did want to talk about information he knows, particularly about LB? Surely they wouldn't tell him to hang on to that info until the Judicial Pretrial? What would they do with him right now - would LE make verbal promises? Promise him consideration if his info leads to more evidence against DM? I really have no idea how that works.

 

[LoyalSleuth]

Ms does not sound too convinced that he is going to be off the hook for TB's death...unlike DM who seemed to think he was getting bail

[MS] says he will get in touch when the time is right — “when I get out of here or however this works out,” he said. But for now, he said, “I have nothing to say.”

http://www.thestar.com/news/gta/2013/09/12/tim_bosma_murder_men_accused_of_slaying_say_they_want_to_tell_their_story_but_cant.html

sounds like he is making deals and is not quite sure exactly out it will pan out.

 

[LoyalSleuth]

Well, but what would happen if MS did want to talk about information he knows, particularly about LB? Surely they wouldn't tell him to hang on to that info until the Judicial Pretrial? What would they do with him right now - would LE make verbal promises? Promise him consideration if his info leads to more evidence against DM? I really have no idea how that works.

BBM - Absolutely they would, and that can explain why his lawyer hung up, was not in court... MS may be working with police against the wishes of his lawyer. At this point all LE can do is make promises until whatever MS has said pans out / is found (ie. LB search at farm) Once his story comes is proved true, ie. if LB was killed at the farm and MS told them, once all the evidence is found, and identified, then they can deal with MS on the deal or bargain... If there is one.

 

[swedie]

It will be interesting to read if his first lawyer did in fact dump the case. The timing would seem right if MS is the one talking.
Here is a criminal lawyer thinking he is defending a guy that has been railroaded by some rich kid and the most he'll get is a few years for accessory to murder.
Now, as the facts of the case are coming to light, the kid is now talking about LB and the barn and what happened to her and now all of a sudden, this whole accessory defense is changing.
If in fact, it is MS talking, and his lawyer is present, he is probably thinking, hey, I never signed up for this. If these murders are as grisly and horrific as some people think, ( isn't there a quote somewhere where LE says it would make the hairs on the back of your neck stand up ) his lawyer may be thinking, no matter how much publicity I get or how much money I make, this crap is not worth me living through this for the next three years. I'm outta here. :seeya:

Just my own opinion, and only my opinion if in fact his lawyer has left the building.

Or just maybe MS has told him he wants to plead guilty here and now and his lawyer doesn't want that as there is no money to be made then as opposed to a long drawn out trial. MOO.

 

[Alethea Dice]

Well, but what would happen if MS did want to talk about information he knows, particularly about LB? Surely they wouldn't tell him to hang on to that info until the Judicial Pretrial? What would they do with him right now - would LE make verbal promises? Promise him consideration if his info leads to more evidence against DM? I really have no idea how that works.

He can talk all he wants as long as he doesn't expect anything in return. It doesn't matter what LE promises, if it doesn't come from the prosecution, it means nothing. Plea bargains are agreed to by the prosecution and the defence, with the final acceptance being up to the accused. The judge has to authorize the deal, but prosecutors can approve it and be pretty confident that the judge will accept it. A judge will generally not reject it as long as all are in agreement and the defendent knowingly and voluntarily waives his right to a trial and understands the charges and the maximum penalty he might receive after pleading guilty.

http://legal-dictionary.thefreedictionary.com/Plea+Bargaining

http://www.lawfirms.com/resources/criminal-defense/criminal-defense-case/plea-bargain.htm

JMO

 

[Blomquist]

Ms does not sound too convinced that he is going to be off the hook for TB's death...unlike DM who seemed to think he was getting bail

[MS] says he will get in touch when the time is right — “when I get out of here or however this works out,” he said. But for now, he said, “I have nothing to say.”

I would guess that MS knows how the 'system' works , whereas DM trusts in 'justice' moreso....
IMO MS knows that you have to fight for truth in the 'system' ... DM places faith in it...and MS has no faith in it.... thats the only difference I see...

 

[Archangel7]

The Crown would get involved with his lawyer, draft the plea proposal, have a superior judge sign off on it and the deal would be done.

Both Lawyers think in absolutes, a Judicial Pretrial tempers that for both sides and brings them to reality, kind of like this forum, sometimes. Usually a Defense Attorney is prepared to offer/accept what his client would plea to and is authorized in principle to agree to a plea offered to his client, with the client having the final say.

LE is mostly out of the deal making once the Report to Crown Counsel is complete/case given to the Crown, as far as "initiating" any deal making.

So currently the Crown could either refuse a plea or offer a deal for considerations.

Well, but what would happen if MS did want to talk about information he knows, particularly about LB? Surely they wouldn't tell him to hang on to that info until the Judicial Pretrial? What would they do with him right now - would LE make verbal promises? Promise him consideration if his info leads to more evidence against DM? I really have no idea how that works.

 

[Blomquist]

BBM - Absolutely they would, and that can explain why his lawyer hung up, was not in court... MS may be working with police against the wishes of his lawyer. At this point all LE can do is make promises until whatever MS has said pans out / is found (ie. LB search at farm) Once his story comes is proved true, ie. if LB was killed at the farm and MS told them, once all the evidence is found, and identified, then they can deal with MS on the deal or bargain... If there is one.

If anyone works with police against the advice of their lawyer you can safely say...they have no lawyer IMO

A lawyer cannot represent someone who chooses to go against their advice. Its a matter of trust. Just as a lawyer cannot walk away from a case without some liability...so they usually claim a breakdown of `trust`as a way to get out. At court you will hear the lawyer say words to the effect `We are mutually agreeing that I be removed as counsel`..... lawyer client relationship is contractual so both need to agree preferably...moo

 

[Archangel7]

If anyone works with police against the advice of their lawyer you can safely say...they have no lawyer IMO

A lawyer cannot represent someone who chooses to go against their advice. Its a matter of trust. Just as a lawyer cannot walk away from a case without some liability...so they usually claim a breakdown of `trust`as a way to get out. At court you will hear the lawyer say words to the effect `We are mutually agreeing that I be removed as counsel`..... lawyer client relationship is contractual so both need to agree preferably...moo

An accused will have counsel regardless of circumstances.

Even if he represents himself or can't afford an attorney most free and democratic countries provide one regardless. No court wishes to try an uninformed (in law)citizen not to mention the obvious appeal problems and potentials.

 

[swedie]

CHCH are pretty thorough with their reportings. I've been finding videos from them I hadn't seen before and this one is of MS's arrests. Nick D sure makes it sound certain LE have the right guys. What I mean is, many kind of pussy foot around kwim. Not sure if it was ever announced where MS was arrested, but this video does give that information. Arrested on Dorval Drive and Wyecroft Road where MS was walking a few blocks from his home. Also his no contact list consists of 17 people and two families. MOO.

http://www.chch.com/bosma-murder-suspect-in-court/