Bosma Murder Trial 02.16.16 - Day 9

[MsSherlock]

It doesn't need anyone to testify to errors. The errors can and may become evident, as indeed they are IMHO.

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

 

[billandrew]

• Trailer doors flying open with items falling out on the highway
• Leaving the trailer in a commercial garage with no officers stationed to guard it - possible contamination of the scene
• Investigators not wearing proper clothing when initially entering the trailer - possible contamination of the scene
• No documentation of the forensic process - not necessarily a violation of procedure, but could hurt the credibility of the investigation

All of this makes LE look somewhat careless. Not as careless as DM and MS, of course, but I would expect better from LE.

 

[Tamarind]

I really wish they had found that shell casing on first glance of the truck- but seriously, how important is it considering that DM had already ripped the interior out and we have no idea what work SS had already done on it.

"When asked if he wanted the interior repainted as well, Millard said he had already stripped it down and to leave it black, Tony Diciano told the court."

http://www.thestar.com/news/crime/2016/02/08/tim-bosma-murder-trial-resumes-in-hamilton.html

I don't think the defense question was in relation to the inside of the truck being painted or not IMHO.

 

[Tamarind]

There were many prints that were too blurry to process...DM's just unlucky in that he came up with two bingos.

Thats convenient though, don't you think? Even TB's prints are missing !!

 

[Tamarind]

Well, if you are making a parallel between SA and DM, I agree, DM's "innocence" is all hype and no substance.

No I think I mentioned the 'not found on first inspection' as being the correlating factor. HTH

 

[meterclicks]

• Trailer doors flying open with items falling out on the highway
• Leaving the trailer in a commercial garage with no officers stationed to guard it - possible contamination of the scene
• Investigators not wearing proper clothing when initially entering the trailer - possible contamination of the scene
• No documentation of the forensic process - not necessarily a violation of procedure, but could hurt the credibility of the investigation

All of this makes LE look pretty careless. Not as careless as DM and MS, of course, but I would expect better from LE.

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.

 

[Tamarind]

Maybe so but should LE have videotaped the scene in Stoufville too? hamilton? How about all those days at the farm? Lets not forget all the investigations at the hanger and at Millard's home in Etobicoke. Do you have any idea how many man hours were logged in this case? And thats just one case. Multiply that by the number of Murders in Southern Ontario, that is if we are just going to limit this to murders. We'll soon have more videographers than cops lol.

I think it should be part of their training. Also with all the manpower they had, they couldn't put a camera in someones hands?

Especially when difficult things like the access to a truck within a trailer need to be documented?

There is also an officer without notes and another refusing to testify !!!!

 

[amis_]

Thats convenient though, don't you think? Even TB's prints are missing !!

Where does it state Tim's fingerprints were not found in the truck?

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[andreww]

• Trailer doors flying open with items falling out on the highway

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

Leaving the trailer in a commercial garage with no officers stationed to guard it - possible contamination of the scene

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.

Investigators not wearing proper clothing when initially entering the trailer - possible contamination of the scene

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.

No documentation of the forensic process - not necessarily a violation of procedure, but could hurt the credibility of the investigation

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

 

[Kamille]

From the tweets, it was never stated that the defense said there were errors, they questioned how things were done (or why certain things were not) - this does not equal error. I don't see a quote from either RP or TD explicitly saying so.

Exactly, implying that this or that could have happened is not the same as proving that it actually did. Only the prosecution has that burden. Throwing out wild speculation without anything to back it up has always been a defense tactic. I hope the jurors are smart enough to recognize this.

MOO

ETA: And you can be sure that if they could prove any of it, they would.

 

[Tamarind]

From the tweets, it was never stated that the defense said there were errors, they questioned how things were done (or why certain things were not) - this does not equal error. I don't see a quote from either RP or TD explicitly saying so.

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

 

[deugirtni]

Thats convenient though, don't you think? Even TB's prints are missing !!

Nowhere has it been stated that TB's prints are completely missing. What I read was there were 23 potentially viable prints found, of which 2 were DM's. To me, it would go without saying that some of the others were from TB himself.

 

[Tamarind]

Exactly, implying that this or that could have happened is not the same as proving that it actually did. Only the prosecution has that burden. Throwing out wild speculation without anything to back it up has always been a defense tactic. I hope the jurors are smart enough to recognize this.

MOO

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

 

[andreww]

I think it should be part of their training. Also with all the manpower they had, they couldn't put a camera in someones hands?

Especially when difficult things like the access to a truck within a trailer need to be documented?

There is also an officer without notes and another refusing to testify !!!!

Oh yes, seems very simple doesn't it. Put who uploads that footage? Who cuts it up and and catalogues it? Its all well and good to say "film everything", but when you want 30 seconds of footage and you have thousands of hours of recordings, how will you find it?

 

[Orgona]

I think it should be part of their training. Also with all the manpower they had, they couldn't put a camera in someones hands?

Especially when difficult things like the access to a truck within a trailer need to be documented?

There is also an officer without notes and another refusing to testify !!!!

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.

 

[Tamarind]

Nowhere has it been stated that TB's prints are completely missing. What I read was there were 23 potentially viable prints found, of which 2 were DM's. To me, it would go without saying that some of the others were from TB himself.

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

 

[billandrew]

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.

The police witness stated something to the effect that she was "surprised" upon seeing the trailer had been left in the garage, and that employees of the garage were taking pictures of it. To me this implies that LE left it unattended there overnight. I could be wrong. It seemed that the defense was trying to highlight this as a negative point.

The clothing aspect was not necessarily a mistake, since yes, they believed TB could be in there initially. But later when they had to climb in the back to get the key in and unlock wheels, I think it was stated that they did not wear the protective clothing for that. Perhaps I heard wrong?

Regarding the documentation, the police officer agreed when Smich's lawyer asked "There's nothing to corroborate what you say. Just your testimony, 3 yrs later, no notes. Correct?"

 

[Tamarind]

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.

Dungey said he was refusing to testify, just following along with what is tweeted like everyone else HTH

 

[MsSherlock]

I think it should be part of their training. Also with all the manpower they had, they couldn't put a camera in someones hands?

Especially when difficult things like the access to a truck within a trailer need to be documented?

There is also an officer without notes and another refusing to testify !!!!

Whoa- I did not read anywhere that the officer in Florida "refused" to testify. IMHO, without further information, we have absolutely no idea why this retired officer could not be there. Perhaps he's in poor health? IMO, it's very misleading to say that someone is refusing to testify when in fact all we know is that he was asked, but isn't here. MOO

 

[amis_]

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

Again, as mentioned by me and another poster.... It has not been said that Tim's prints were not found in the truck. 22-23 prints were found, two belong to DM.

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