Bosma Murder Trial 02.16.16 - Day 9

[palisadesk]

As for MS fingerprints, it's possible that evidence of same is yet to come. But it's also possible that he had gloves on, as he might have thought of doing if planning to hold and fire a gun.

It's too bad the clothes those two wore that night were never found, as they would conclusively show who was in the truck. Both would have had blood all over them. They probably burned the clothing(perhaps in the Eliminator) or disposed of it at some dump site that would not be connected to them.

A possible task for CN?

Circumstantial evidence points strongly to MS being in the back seat: his statement of fact that he was sitting in back when they went out with Temenenko. I can't recall if either of the witnesses described the "short guy" that came to the Bosma residence as standing with hands in pockets; I remember they said he had his hoodie up and kept his face averted. He might have had a front pouch in the hoodie where he could have concealed gloved hands.

 

[andreww]

I think not ensuring a trailer ( which is evidence) containing a truck ( which is evidence) going to be forensically tested, has its doors locked and sealed which leads them to swing open on a highway is an error somewhere along the line. Lack of checking on the security of evidence in police custody warrants error IMHO, not to mention the the unavailability of continuity to explain what happened during the investigation. JMO

Are you suggesting that the truck and trailer should be thrown out? happens, but the important thing is that nothing was lost and the cops did what they were supposed to do, stay with the trailer.

 

[Kamille]

A broken latch on the suspects trailer that was not detected by LE befor transport does not constitute reasonable doubt that either of the accused is innocent. Nor does whether or not LE chose to get extra cautious, against protocol, to film everything they did because they had a super special case on their hands.

It's one thing to point out mishaps in the investigation, it's quite another to yell at a forensic photographer for things completely not her responsibility. This is blustering at its best to make the jury think that something is not quite right.

MOO

 

[ADAWG]

If him testifying is such a huge deal then he would subpoena to do so. Judging the facts he took the notes and documentation Mcllenan was going off them. He has since retired and moved to Florida. I don't think it's procedure to have someone document and take photos that's how things get missed.


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[Tamarind]

The trailer was locked and sealed according to procedure. How were they to know it was a latch?

It was their job to ensure it was locked and secure, that would be police procedure IMO

Sometimes you have to put things where you can fit them. It was a big trailer and needed to be inside asap. Sometimes you have to take what you can get.

Not at risk of contaminating evidence in a murder trial.

Remember, police had no idea what they were dealing with. The objective was to look for a body or the faint hope an alive TB. The officer did nothing more than get the VIN and exited.

They should still follow procedure and take steps to maintain viable uncontaminated evidence IMO. The officers body was in a crime scene regardless of what he was getting.

Again, this isn't a breach of protocol, why mention it?

We don't know if any breach of protocol existed as they didn't provide evidence to support what actually happened.

ALL MOO JMO

 

[musicaljoke]

The doors did actually open on the highway. There is no continuity of facts regarding the way the truck was forensically tested, as evidenced by lack of notes and lack of testimony and lack of proof as to how the truck was accessed at MB driveway and after that. JMO

I don't see an issue with the way the truck was tested. There were enough photos to create a good record of the process. I am, however, expecting to hear more about the empty shell. I don't think that it would be unusual for a farmer to have a spent shell in the farm truck, but the attention that has been focused on this shell makes me believe that it is direct evidence of the murder by shooting and it will be, or should be, shown to have come from no other source than the accused.

 

[andreww]

TB owned the truck. He presumably drove it daily and probably touched it from bumper to bumper and yet not one viable print !

<modsnip>I believe they took over 20 viable prints from the inside of the truck. Two are Millards, and we don't know who the rest belong to.

 

[swedie]

THe truck was winched into the trailer so the other items would have been placed there afterwards. To fool his mother that he was using the trailer to move his stuff? The mattresses were likely blocking the truck from view.

Did LB live with DM at some point? Did the furniture belong to her? Was DM storing them for her until she found a place of her own? JMO.

 

[Kamille]

Court now back in session. Waiting on the jury to be led in.
by Adam Carter 2:33 PM

Jury now in. Dungey is continuing his cross examination.
by Adam Carter 2:37 PM

Dungey now reading from Officer Banks' notes. He was the one taking notes during the examination of the truck. "Shell case under rear seat as it is flipped up on floor carpet," he reads.
by Adam Carter 2:38 PM

Officer Banks was the "scribe," but he's now retired.
by Adam Carter 2:39 PM

Banks was the lead identification officer for their team.
by Adam Carter 2:39 PM

 

[swedie]

What I don't understand is why Millard's lawyer is bringing up the extra stuff in the truck. I can't figure out his point...cross contamination of DNA? Any ideas?

Just trying to show sloppy forensic work and raise reasonable doubt in the minds of the jurors. IMO it's a fail on defense's part.

 

[MsSherlock]

Just hearing about Dungey's cross examination of this witness makes me wonder what he'll be like when DM's friends hit the stand. He's got a well seasoned expert witness up there right now, wonder if he'll go full tilt on the DM groupies? MOO

 

[Tamarind]

IMO, things would have been a bit different in concern to prints etc if LE had found the truck within hours of the crime happening, but they didn't. DM had welcomed the truck into his hangar where he proceeded to rip out the interior and arrange to have it repainted. Cans of paint where seen on a tarp in the pic that AJ took of the truck. BUT after all of this, LE could see evidence of blood with the naked eye- blood on the underside of the muffler- blood in the tread of a rear wheel- on the inside of the wheel- BLOOD ALL OVER!!! IMHO, I don't need to see video's of LE conducting it's forensics on the truck- they found what they found, complete with DM's finger prints and the absence of anyone else's finger prints can only mean one of two things #1- only DM ever touched the truck or #2- DM thought he had wiped all the prints off the truck. MOO

But no prints !!!!! Who wiped the prints? Surely if the prints were wiped, any obvious blood would have also been wiped ! So much blood but no prints. If it was DM who wiped the prints, then why not the blood? If he was so concerned about the prints why did he leave a print on the door handle and the mirror which are two places that you would think to wipe first as the driver IMHO.

 

[Tamarind]

Just hearing about Dungey's cross examination of this witness makes me wonder what he'll be like when DM's friends hit the stand. He's got a well seasoned expert witness up there right now, wonder if he'll go full tilt on the DM groupies? MOO

This is a combined trial. I am guessing that the two defense lawyers do actually speak to each other. I would be extremely surprised if they dont. JMO

 

[Kamille]

How do you know the officer has refused to testify? Maybe he has an illness which doesn't permit him to testify. We don't need to make up things without any proof and definitely don't need to accuse anybody with anything without any proof.

The officer was one of about 7? who were there and took notes. He is retired now and living in Florida. We have no idea his situation but when asked to come up and testify, he declined. How many other cases that he worked on may still be in the court system? Is he expected to keep testifying in those as well. He's retired. And to him this case is probably no more special than all the others.

MOO

 

[Kamille]

The shell casing wasn't visible when police first went over the truck. It could have fallen down from behind the seats, Banks wrote in his report, but Dungey says that's speculation. "No one knows where it came from. People are speculating as to where it came from," Dungey says.
by Adam Carter 2:42 PM

 

[Kamille]

There was a shattered window in the truck, but police didn't find any glass in the truck. McLellen doesn't know how it was broken, she says.
by Adam Carter 2:44 PM

McLellan says she doesn't know if any tests were done to fire the same type of bullet through a similar window and document the results.
by Adam Carter 2:45 PM

 

[MsSherlock]

But no prints !!!!! Who wiped the prints? Surely if the prints were wiped, any obvious blood would have also been wiped ! So much blood but no prints. If it was DM who wiped the prints, then why not the blood? If he was so concerned about the prints why did he leave a print on the door handle and the mirror which are two places that you would think to wipe first as the driver IMHO.

IMO, DM simply ran out of time- no time to clean everything, no time to paint the truck- he had a lot of things to look after. The gun, the incinerator, the contents of the incinerator, the seats. He was working as fast as he could- it just wasn't fast enough. MOO

 

[andreww]

It was their job to ensure it was locked and secure, that would be police procedure IMO

How are they going to do that with no prior knowledge that the latch may have been faulty. If they had opened it up to check the latch, <modsnip> Damned if you do, damned if you don't.

Not at risk of contaminating evidence in a murder trial.

Even if a dying TB was in that back? <modsnip>

They should still follow procedure and take steps to maintain viable uncontaminated evidence IMO. The officers body was in a crime scene regardless of what he was getting.

How can you treat it as evidence if you don't know its evidence? They were given the order to open the door under special circumstances, they had no right to just tow it away.

We don't know if any breach of protocol existed as they didn't provide evidence to support what actually happened.

<modsnip> We've had testimony from multiple officers, we've had photographs and we've had notes. What's your problem?

 

[swedie]

I'm speculating....but I don't think the Crown found anything of value.....IIRC these items weren't brought up until Pillay's cross examination? IMO if there was any useful evidence it would have been presented by the Crown.

Not if these items are connected to LB. It will be brought up during the trial for her. Keep in mind, there may be different forensic technicians who dealt with the furniture. MOO.

 

[Tamarind]

Just to touch on a few things...

With regards to leaving the trailer in the garage - This was a facility that was stated LE use regularly not just some random garage they found. I don't recall ever seeing anything written where it says the trailer was left unattended?

Entering the trailer initially was because they had cause to believe that TB could be in there. This to me negates any protocol - ie if he was still alive and trapped inside and LE waited until they suited up to enter and TB died in the meantime. THAT would be an error of major proportions.

There is nothing that says no documentation. Just no video recording.

This ( bolded) would have been the perfect time to video IMHO. It would prove what occured without any extra time being wasted on recall and note taking JMHO