Bosma Murder Trial 03.30.16 - Day 27

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  • #341
An issue was clarified with MSM links. Posts continuing to belabour that issue have been removed.

Stop the needling and bickering and move on.
 
  • #342
<modsnip>

Not saying the SC is right or wrong, but many sources say that it was straight from MB to LW2. Even though SC is a very accurate reporter, there is still a chance that she may not have heard it correctly. Certainly something worth investigating.

Furthermore, I don't have an issue with LW2 getting a referral fee from the sale. DM's arrest was probably the reason she no longer had direct control of the listing and she had been working hard and walking a slippery slope for the whole time she had it listed on MLS trying to sell something that her client didn't even own yet.

But this is the rub. The owner of a property very rarely, rarely, rarely pays the commission to the selling Brokerage. An exception would be if there was no money left from the sale to pay commissions. i.e). property worth $700,000. Mortgage 680,000. Commission @5%, $35,000. There would be a short fall of 15K on commission. Yes, the Seller may agree to pay the Brokerage directly for the shortfall, however, what usually happens in this case is that the lawyer contacts the Seller and informs them that there's a shortfall and he needs 15K to close the deal. Why? Because the Lawyer has an invoice from the Real Estate Brokerage that he has to honour. The Seller takes the money into the Lawyer and the Lawyer pays the Listing Brokerage the full amount owing. Deal done.

In Ontario real estate, the Buyer submits a deposit with the accepted offer and that deposit is held in trust for the Buyer by the Listing Brokerage and applied towards the purchase price on closing. So this is the other problem I have. In Toronto, once again, it would be extremely rare to see a deposit less than 5% of the purchase price. The Listing Brokerage invoices the Sellers lawyer for commissions owing but on the statement it subtracts off the amount of money it's holding in trust. Even if the Buyers submitted a 5% deposit, it would have covered all the commissions owning but chances are the deposit was much more. If by chance the deposit held in trust didn't cover the commission, upon closing, a cheque would be issued from the Lawyer out of the proceeds of the sale and deposited into the Listing Brokerages Commission Trust account. Then it would get dispersed to the Buyer's real estate Co. and the Listing sales rep. The laws are solid around the movement of trust funds and commissions paid.

But, as with so many things DM, regular procedures, policies and laws don't seem to apply. Contrary to the way that commissions are usually handled, especially by a reputable Brokerage like the one LW2 worked for, I am to believe that MB wrote a cheque directly to the Listing Brokerage for the commissions owing for the sale of the Distillery condo.

I just don't believe it and I think something got lost in the interpretation or misrepresented in the evidence given. MOO
 
  • #343
Running water for many hours...making the ground easier to dig....digging a hole for hiding evidence in? MOO.

Water also compacts loose soil. Could he have already dug and was trying to conceal the back-fill by having the water erode part of the slope and carry mud onto the area he was trying to disguise?

I keep thinking that he buried the cremains somewhere in a container or bag. SB did receive the cremains from LE, and from what came out in testimony so far, I don't believe there was much of anything left in the Eliminator, except for some minor ash. My guess is that this is where the cremains were buried, and that CN helped him do it. We'll see.
 
  • #344
[h=1]Tim Bosma Murder Trial: The Mystery of the 10-hour Backyard Watering | EXHIBIT #116, #118 and #119[/h]
[video=youtube;fHIqXum-2js]https://www.youtube.com/watch?v=fHIqXum-2js&list=UUnsj4TU7mOQ-4l2HOaRekgA&index=1[/video]

Right at the beginning of the video I see at least 4 orange identifying marker in the taped off area. Wonder what if anything of evidence was found at each marker? That's quite the incline to be running water on and in one specific area, to see where it will pool. Obviously the water wouldn't have pooled anywhere along the incline for obvious reasons, but it might have made its way to the roadway, on the other side of the fence, or would have just saturate the ground around the fence line.

According to JV, DM wanted a deck or patio made out back. At 58 seconds into the video, you can see what appears to be a large shed on the right, with a set of stairs in front or behind it. It appears to me that the stairs, part way up turn and lead to a door. I'm assuming this is the "shed" JV referred to when he said the deck or patio couldn't go there because of the shed being in the way.

Near the end of the video, is that a manhole cover or drain I see behind the blue dumpster? Perhaps DM wanted to see if by washing TB's truck in that taped off area, the water would run down to the roadway and pool on the asphalt? If so, the water would also be carrying TB's blood with it to that area and upon drying, could stain the asphalt with blood.

Ok now after all that hahaha, I have to wonder if all that was just an excuse to get JV to go out and buy a hose so that DM could use it for washing down TB's Dodge outside the hangar. "Make sure you get lots of hose to reach waaayyy over there JV." Kwim. DM wanted the hose to take to the hangar to hook up somewhere where he could move TB's truck to the outside, out of sight of cameras, in the grass and wash it down, under the cover of darkness perhaps. JV used the hose on May 6th, so when could DM or someone gone around to get the hose before May 9th? Where was DM May 7th and 8th, after dark? ALL MOO.
 
  • #345
Another theory, but would not explain the 10 hours thing though. What if this was the hose used to clean truck, and it got blood on it from that washing. Then, when DM knew he was "hot", he asked JV to do the water pooling testing as a ruse to get his fingerprints on it, thinking, this was going to be the guy he'd frame. Agian, it still doesn't really explain why he asked him to do it for 10 hours.

I'm now thinking my previous theory about compacting a dig site to make it blend in, is probably not correct. The reason is that the video shows most of the evidence flags on or beside the hose, indicating that the hose itself is the key piece of evidence. If there was a dig site there, I think you would have seen that displayed with lots of flags in the video.
 
  • #346
Google says New Mexico to Toronto is 52 hours round trip. I didn't check the assumed speed limit, city in New Mexico etc. It was New Mexico right?

So for a 21 day trip i am going to bump that down to 15 working days -yes i am giving them the weekends off - that is about ? 4 hours per day in the truck?

JV said it was a 17-20 day trip. And yesterday we learned JV also went to Reno (Nevada) to drop off a bike for DM during that trip. That is a significant distance from New Mexico (add a couple days of driving each way). He also picked up an engine for SS -- it's not clear where that was located.

"Any expenses associated with that New Mexico trip, Mr. Millard paid for?" Sachak asks. "Yes sir," Villata says. it was a 17-20 day trip.
Mar 30 2016 10:15 AM[Adam Carter]

Dungey now asking about the trip to pick up a dune buggy for MIllard. "We were to drop off a bike in Reno for Dellen when he was going to travel again, and [pick up] an engine for Shane and the dune buggy," Villata says. Dungey says none of these things had to do with MillardAir, but instead Millard's personal lifestyle.
by Adam Carter 12:24 PM
 
  • #347
Any speculation on anything significant in the search warrant executed at MS mother's house? IIRC the iPad seized, allegedly belonged to LB (boyfriend's) Curious about a few cell phones found in a garbage bag in the living room. And of course, the yellow tool box.

The Twitter reporting was confusing yesterday regarding whether the four cell phones were found at MS's mother's house or MM's apartment on Speers.

I think they were found at MM's (although the box to the Blackberry phone was found in MS's bedroom).

molly hayes &#8207;@mollyhayes 2m2 minutes ago
Now seeing a photo of 4 cell phones seized from Speers. #Bosma

molly hayes &#8207;@mollyhayes 59s59 seconds ago
The phones were found in a garbage bag in the living room, jury hears. #Bosma

Susan Clairmont &#8207;@susanclairmont 1m1 minute ago
Another photo, this one of 4 phones lined up and seized from 30 Speers. Found in garbage bag in living room.
 
  • #348
The Twitter reporting was confusing yesterday regarding whether the four cell phones were found at MS's mother's house or MM's apartment on Speers.

I think they were found at MM's (although the box to the Blackberry phone was found in MS's bedroom).

Also worth noting is that the "four phones in a garbage bag" evidence was only revealed through Pillay's cross-examination of the witness. The Crown did not present it.
 
  • #349
Has your boss ever loaned you $9.5K interest free? Sent you on an all expense paid trim to Mexico? Paid your debt to H&R Block? Probably not.

I have worked for a small family run firm for about 12 years, and my boss has, in that time, on several occasions lent money (low thousands £) to employees, interest free.
 
  • #350
Just a little lighthearted loveliness which shows us why we love the Bosmas and are proud to be a part of their army of friends.

http://m.thespec.com/news-story/641...a-not-so-sweet-reminds-us-of-joy-amid-tragedy

What a great story!!!! AND a horrible reminder....my mother's side of the family is Dutch. My Oma was a war-bride. THESE were what she considered a treat when she visited us. My Grandpa gave us Crispy Crunch and my Oma these horrible little things. The person who described them as pieces of salted fan belts really nailed it.

We always wonder how people go on after something tragic happens to them or their family. We know life will never be the same but it is nice to see little signs that some semblance of life and happiness is possible.
 
  • #351
I can't see the hose running being related to the cleaning of TB's truck. The timeline of activity does not explain the truck's condition on the morning of the 8th.

Test drive evening of the 6th
Destruction of evidence early morning of the 7th. Possibly cleaned at that time.
DM looking for power washer morning of the 8th
Seats and carpet removed, and possibly burnt before the morning of the 8th, only hours after asking SS about the power washer.
DM's crew back to work morning of the 8th, truck has no seats, no blood (AJ would have noticed) and SS removes parts to ready for painting.

That only leaves the 7th, and I doubt they took it out of the hanger.

Did I miss something?
Maybe used on the Yukon?

MOO
 
  • #352
I can't see the hose running being related to the cleaning of TB's truck. The timeline of activity does not explain the truck's condition on the morning of the 8th.

Test drive evening of the 6th
Destruction of evidence early morning of the 7th. Possibly cleaned at that time.
DM looking for power washer morning of the 8th
Seats and carpet removed, and possibly burnt before the morning of the 8th, only hours after asking SS about the power washer.
DM's crew back to work morning of the 8th, truck has no seats, no blood (AJ would have noticed) and SS removes parts to ready for painting.

That only leaves the 7th, and I doubt they took it out of the hanger.

Did I miss something?
Maybe used on the Yukon?

MOO


Agreed. I don't see TB's truck having made the trip to this location. I'm also struggling with the thought that the cremains were buried here either...not when he owns a farm with a HUGE acreage that would be more of a needle in a haystack situation for LE.

What I believe we can assume, is that there is significance to the hose situation. The Crown has been very focused with their case and I can't see the hoses being introduced if it didn't fit. Some upcoming testimony is likely to bring this into focus for us. If I had to guess...CN's testimony? MOO
 
  • #353
Agreed. I don't see TB's truck having made the trip to this location. I'm also struggling with the though that the cremains were buried here either...not when he owns a farm with a HUGE acreage that would be more of a needle in a haystack situation for LE.

What I believe we can assume, is that there is significance to the hose situation. The Crown has been very focused with their case and I can't see the hoses being introduced if it didn't fit. Some upcoming testimony is likely to bring this into focus for us. If I had to guess...CN's testimony? MOO

Especially since they thought the farm was safe enough to burn carpet and seats. They spent more time moving to and from the hanger and the farm between the 7th through to the evening of the 9th.

Could it be the red truck after DM and CN delivered the trailer to MB,s, and moved the Eliminator to the wooded area on the evening of the 9th?
 
  • #354
Yes, all this goes to show is that DM was screwing CRA and JV at the same time. DM's defense is trying to pull this all off as if JV was self employed. And what really does all this have to do with the murder of TB? DM's defense is only helping the Crown's case by pointing out DM is crooked in more ways than one. They are digging DM's grave hahahaha.

Indicators showing that the worker is an employee
&#9632; The relationship is one of subordination. The payer will
often direct, scrutinize, and effectively control many
elements of how and when the work is carried out.
&#9632; The payer controls the worker with respect to both the
results of the work and the method used to do the work.
&#9632; The payer chooses and controls the method and amount
of pay. Salary negotiations may still take place in an
employer-employee relationship.
&#9632; The worker requires permission to work for other payers
while working for this payer.
&#9632; Where the schedule is irregular, priority on the worker’s
time is an indication of control over the worker.
&#9632; The payer decides what jobs the worker will do.
&#9632; The worker receives training or direction from the payer
on how to do the work. The overall work environment
between the worker and the payer is one of
subordination.
&#9632; The payer chooses to listen to the worker’s suggestions
but has the final word.

http://www.cra-arc.gc.ca/E/pub/tg/rc4110/rc4110-15e.pdf

I agree that DM was manipulating the situation re: JV to avoid his responsibilities as an employer. IMO, JV would most likely be determined to be an employee, not a self employed individual, under the tests of CRA, and likely WSIB as well - if, as he testified, he worked exclusively for DM; did what DM directed him to do, and when DM told him to do it; did not invest his own money in materials/etc (as evidenced by his expectation of reimbursement for expenses, even if DM has not yet paid them); did not have an expectation of a profit or loss (he was simply paid for hours he worked). MOO

In my experience, the construction sector is less 'organized' than many other employment sectors - and many workers do not understand their rights or obligations with regard to taxation & CPP, or the difference between employee vs. self-employed person. Often, workers just accept work because they need to make a living - without ever knowing if they are employees, or not - whether taxes & CPP & EI will be deducted from their earnings, or not - whether they will be covered under the employer's WSIB, or not. And this is particularly true when the workers have immigrated from another country, because they do not have a good grasp of our taxation/employment system - they do not question how the 'boss' runs the business, or how it will affect them in the long run, they are just glad to be getting a pay cheque. And it's not unusual for construction 'bosses' to try to avoid the extra expenses and administrative work of having 'employees' (WSIB premiums, employer contributions to CPP & EI, paid stat holidays, etc) by treating all their workers as self-employed individuals. MOO.

I suspect that DM was well aware of his potential obligations as JV's employer, and structured things to try to offset his obligations onto JV (like paying JV for all the crews' work, and then having JV pay the individual guys, to make it appear that JV was the employer; and 'leasing' his truck to JV to make it appear that he was not supplying a work vehicle to him; etc). DM is a master at manipulation, IMO.
 
  • #355
OK the hose comes in on the 10th, when DM tells Whidden that he is "too hot" and is "stress ridden" and for people to "stay away". He also mentions being set up by someone he works with.

He gets JV to run water from a hose for 10 hours but it was the water actually running for that long? When did he turn on the water and when was it shut off?

Did DM plant blood on the hose to make it look like JV did something? Did DM forget to dump something from the crime (cremains) or something else and he wanted to wash it away? I thought JV said he bought the hoses himself though? Not sure.

JMO
 
  • #356
Alex Pierson &#8207;@AlexpiersonAMP 32m32 minutes ago
#TimBosma shane schlatman back on the stand. And why double salted licorice brings a smile to a dark case..
 
  • #357
Alex Pierson &#8207;@AlexpiersonAMP 32m32 minutes ago
#TimBosma shane schlatman back on the stand. And why double salted licorice brings a smile to a dark case..

CKCO TV morning news reported that today there would be two witnesses on the stand.....Schlatman, manager of the hangar and a forensic firearms specialist :)
 
  • #358
New stuff before the thread closes:

[h=1]Tim Bosma Murder Trial: Police search of Mark Smich&#8217;s &#8220;pig pen&#8221; | EXHIBIT #117 and #120[/h]
[video=youtube;byZuO-deCN0]https://www.youtube.com/watch?v=byZuO-deCN0&list=UUnsj4TU7mOQ-4l2HOaRekgA&index=1[/video]
 
  • #359
OK the hose comes in on the 10th, when DM tells Whidden that he is "too hot" and is "stress ridden" and for people to "stay away". He also mentions being set up by someone he works with.

He gets JV to run water from a hose for 10 hours but it was the water actually running for that long? When did he turn on the water and when was it shut off?

Did DM plant blood on the hose to make it look like JV did something? Did DM forget to dump something from the crime (cremains) or something else and he wanted to wash it away? I thought JV said he bought the hoses himself though? Not sure.

JMO

IMO, once DM knew about AJ calling CS, he was in clean & cover up mode, and not an elaborate attempt to frame others ...... MS, maybe a little effort there. He did not have much time from the time he abandoned his truck switch plan. That ended on the 9th.
 
  • #360
New stuff before the thread closes:

Tim Bosma Murder Trial: Police search of Mark Smich&#8217;s &#8220;pig pen&#8221; | EXHIBIT #117 and #120


[video=youtube;byZuO-deCN0]https://www.youtube.com/watch?v=byZuO-deCN0&list=UUnsj4TU7mOQ-4l2HOaRekgA&index=1[/video]

Hmmm....maybe he was starting a cell phone museum. He looks like he covered much of my cell phone history.

Anyone else find it odd that "Marlena Meneses" and her phone number are written like that on the calendar? Why the full name? Why even write the phone number? Wouldn't it be in your cell phone? Why add it to the calendar? And if you did put it on the calendar, why not just MM? It just strikes me as odd. Not suggesting anything sinister...it just stands out a bit to me. MOO
 
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