Bosma Murder Trial 04.14.16 - Day 35

[mozzagirl]

Alex Pierson, who has been wildly inaccurate and sloppy at times, seemed to imply in recent audio that officers coming up had testimony on damning text exchanges. We'll see. She called AM 'Andrew Malarchuk' for days leading up to his testimony...

That would answer my question then of how they can show texts in court that are between DM and MS. I hope this is what the officer is there for.

 

[JuneBug67]

Remember where SS was about to testify to some texts but it was ruled that he couldn't because he wasn't directly involved? Maybe that's what we will see? I may not be remembering that correctly.....

Maybe! I'm hopeful that the placement of these officers relates to the key nature of their evidence and not just housekeeping or a convenience of scheduling. You'd expect maybe that the Crown would like to maintain a certain momentum in the narrative at this point in the trial.

 

[billandrew]

Remember the officer who testified about seizing the DVR from CN's house? She said, "...and there was one other thing we found", but she was asked not to say what it was. Perhaps we'll hear about that item soon? The letters, perhaps?

 

[RandomName479]

Thanks again to all the tweet peeps here in the Forum.
It feels like I just got done watching Maury after reading all of the "and that's a lie" comments.
IMO, perhaps they arrested AM because he was the closest person to DM. Being roomies and perhaps from cell phone reports.

BBM - and IIRC MS did not have a phone in his name.....he was using a burner phone and a phone in MM's name......so possibly harder to track down.....MOO

 

[Jen Darme]

A lot of noise being created by TD but where can he really go with this? Yes, his angle seems to be that DM is the main guy involved here but he doesn't seem to be taking the angle that his client wasn't involved at all. It is almost like both Defenses are conceding that their clients were involved but weren't the main player. There seems to be a lot of "hmmm....where is he going with this?" moments during the crosses... Even if they were able to prove a point such as DM having a million dollars in the bank...it doesn't mean he didn't kill a man for his truck. All noise. MOO

IMO, TD's focus on others being DM-puppets implies that MS was a puppet too. He's been presenting his defense of MS though his cross examinations of each witness.

 

[dar107]

Maybe LE found something during the Maplegate search to lead them to believe AM may had some involvement. It was mentioned there was no password on AM's computer. Would LE have been able to take a quick look and see there were searches done on Kijij on AM's puter? I think that would have been a good reason to think AM was possibly the 2nd guy.

Even though AM is presenting some damning evidence against DM, I still think it is only because he has to and he has to follow along with his statement he gave (atleast the last 30 pages where he stopped the BS) I think if he felt he had a choice, he would still try to protect DM.

 

[mozzagirl]

Remember the officer who testified about seizing the DVR from CN's house? She said, "...and there was one other thing we found", but she was asked not to say what it was. Perhaps we'll hear about that item soon? The letters, perhaps?

Oh true. I guess if it was something the jury wasn't allowed to know about at all, they never would have referenced it in any way.

 

[redwing7225]

Remember the officer who testified about seizing the DVR from CN's house? She said, "...and there was one other thing we found", but she was asked not to say what it was. Perhaps we'll hear about that item soon? The letters, perhaps?

Very well could be the letters, if CN is coming up to testify soon, my thought would be they will want the Crown to expose evidence found at her home prior to her taking the stand.

 

[sab_bri]

Whew, I don't like what TD is defending or his client, but I have to admit he is doing a good job with what he has. His cross exams are interesting, emotional, and he is getting the witness to admit their lies and he ends it all with reasonable doubt about certain things playing in my mind.

I Agree! Hes doing a good job.. Its almost like I feel compelled to doubt things that I was so sure of before. CRAP.

 

[sab_bri]

My guess is Pillay and his 'legal arguments'.

Good Point! So that would mean the Crown couldn't present them but Pillay couldnt stop Dungey from doing it...

 

[andreww]

I Agree! Hes doing a good job.. Its almost like I feel compelled to doubt things that I was so sure of before. CRAP.

Its hard to make sense of things when everybody is lying.

 

[CJPRINCESS]

Colin Butler ‏@ColinButlerCBC 8s8 seconds ago
Dungey suggests Michalski was just going to dump it on Smich[B/], "he wanted it so I was going to give it to him," Michalski says #Bosma

molly hayes ‏@mollyhayes 52s53 seconds ago
Michalski and Hagerman were good friends. Dungey suggests they would've talked about the toolbox.[color="22222"] M says they didn't discuss it much.[/color] Sure..we also heard they didn't discuss it.

Dungey says he's using that to not take responsibility for what he should've done--going to police. Michalski agrees.

All JMO and MOO!
Now this makes sense! So with MH and now AM'S testimony put together, we can almost get the truth. I agree with Dungey that "MS didn't ask for box and bag, but rather AM and MH wanted to get it to MS of their owe wants" WTF, why would MS want all this, knowing/assuming/thinking the ball was going to drop on him next? MS also said "I think someone is tring to set me up" Just doesn't jive that he would want to have this stuff in his possession!!

Gun and drugs just being dropped in a stairwell. IMO, this was done knowing MS wouldn't leave it there. He had no choice but to get it. If DM wanted him to have it all, DM would have given MS prior to DM's arrest.
1) a gun (with prints and possibly ammo) what if a kid got this? As well as I'm sure the WHOLE group had a pact and MS was holding his pact with DM. Maybe that's what MS was angry about with AM....breaking the pact to save their own Azzes?
2) drugs and not just weed getting into the hands of kids. Prints on bag as well (AMs since it was his, so supid move there) drug baggies with DM'S and whoever else's prints. All those traced back would be in big DOODOO!

I'D like to hear from "Bleach" I just don't buy Daly's testimony. Who the hell brings $100 to buy a gun? I think bleach was intending to buy $100 of weed, not a $1,000 gun! JMO, hopefully we hear bleaches version.

Just trying to think out of the box because MS under hot coals, I don't believe MS originally asked for box and bag! He may have but I have my doubts!

 

[SnooperDuper]

molly hayes ‏@mollyhayes 2m2 minutes ago
Back from lunch.
Courtroom is full. #Bosma

 

[Velma]

Court is now back in session. No jury back yet.
by Adam Carter 1:32 PM

 

[RandomName479]

Colin Butler ‏@ColinButlerCBC 8s8 seconds ago
Dungey suggests Michalski was just going to dump it on Smich[B/], "he wanted it so I was going to give it to him," Michalski says #Bosma

molly hayes ‏@mollyhayes 52s53 seconds ago
Michalski and Hagerman were good friends. Dungey suggests they would've talked about the toolbox.[color="22222"] M says they didn't discuss it much.[/color] Sure..we also heard they didn't discuss it.

Dungey says he's using that to not take responsibility for what he should've done--going to police. Michalski agrees.

All JMO and MOO!
Now this makes sense! So with MH and now AM'S testimony put together, we can almost get the truth. I agree with Dungey that "MS didn't ask for box and bag, but rather AM and MH wanted to get it to MS of their owe wants" WTF, why would MS want all this, knowing/assuming/thinking the ball was going to drop on him next? MS also said "I think someone is tring to set me up" Just doesn't jive that he would want to have this stuff in his possession!!

Gun and drugs just being dropped in a stairwell. IMO, this was done knowing MS wouldn't leave it there. He had no choice but to get it. If DM wanted him to have it all, DM would have given MS prior to DM's arrest.
1) a gun (with prints and possibly ammo) what if a kid got this? As well as I'm sure the WHOLE group had a pact and MS was holding his pact with DM. Maybe that's what MS was angry about with AM....breaking the pact to save their own Azzes?
2) drugs and not just weed getting into the hands of kids. Prints on bag as well (AMs since it was his, so supid move there) drug baggies with DM'S and whoever else's prints. All those traced back would be in big DOODOO!

I'D like to hear from "Bleach" I just don't buy Daly's testimony. Who the hell brings $100 to buy a gun? I think bleach was intending to buy $100 of weed, not a $1,000 gun! JMO, hopefully we hear bleaches version.

Just trying to think out of the box because MS under hot coals, I don't believe MS originally asked for box and bag! He may have but I have my doubts!

BBM - so then why all the phone calls and texts from MS to AM? There was a text to AM saying to give him the drugs and something else. I'll go dig it out.....but we have confirmation IMO that MS ASKED for the stuff.....



Susan Clairmont ‏@susanclairmont Apr 13
Series of texts received from Smich Saturday afternoon, May 11. "Tell him were its at and ask him to bring it to me with the other thing."

Susan Clairmont ‏@susanclairmont Apr 13
That was reference to drugs from the Maplewood house. Texts with Smich about "the drop."

Susan Clairmont ‏@susanclairmont Apr 13
He deleted because "I was scared." Text to Smich "I got it" at 12:29 p.m. May 11.

 

[sab_bri]

Colin Butler ‏@ColinButlerCBC 8s8 seconds ago
Dungey suggests Michalski was just going to dump it on Smich[B/], "he wanted it so I was going to give it to him," Michalski says #Bosma

molly hayes ‏@mollyhayes 52s53 seconds ago
Michalski and Hagerman were good friends. Dungey suggests they would've talked about the toolbox.[COLOR=22222] M says they didn't discuss it much.[/COLOR] Sure..we also heard they didn't discuss it.

Dungey says he's using that to not take responsibility for what he should've done--going to police. Michalski agrees.

All JMO and MOO!
Now this makes sense! So with MH and now AM'S testimony put together, we can almost get the truth. I agree with Dungey that "MS didn't ask for box and bag, but rather AM and MH wanted to get it to MS of their owe wants" WTF, why would MS want all this, knowing/assuming/thinking the ball was going to drop on him next? MS also said "I think someone is tring to set me up" Just doesn't jive that he would want to have this stuff in his possession!!

Gun and drugs just being dropped in a stairwell. IMO, this was done knowing MS wouldn't leave it there. He had no choice but to get it. If DM wanted him to have it all, DM would have given MS prior to DM's arrest.
1) a gun (with prints and possibly ammo) what if a kid got this? As well as I'm sure the WHOLE group had a pact and MS was holding his pact with DM. Maybe that's what MS was angry about with AM....breaking the pact to save their own Azzes?
2) drugs and not just weed getting into the hands of kids. Prints on bag as well (AMs since it was his, so supid move there) drug baggies with DM'S and whoever else's prints. All those traced back would be in big DOODOO!

I'D like to hear from "Bleach" I just don't buy Daly's testimony. Who the hell brings $100 to buy a gun? I think bleach was intending to buy $100 of weed, not a $1,000 gun! JMO, hopefully we hear bleaches version.

Just trying to think out of the box because MS under hot coals, I don't believe MS originally asked for box and bag! He may have but I have my doubts!

Yes, I agree. I mentioned in previous posts that In my Opinion MS had absolutely no idea what to do with the Box an Bag, I also don't see why he would have requested it. Or is Dungey just getting to me? Also, i think its a mute point - still doesn't change the fact that this has nothing to do with the actual Crime they are being charged with.. Whats the big deal about who requested this stuff anyway?

 

[Nickandnora]

AM being the room mate would be the logical one for them to go after. LE would have gone into DM's cell and found text. LE next step would have been to play one off against the other with the he said convo. Then the arrest tactic. IMOO

 

[Velma]

The jury is now being recalled.
by Adam Carter 1:42 PM

 

[Typhoo1961]

molly hayes ‏@mollyhayes 2m2 minutes ago
Back from lunch.
Courtroom is full.

I don't know why but this tweet just cracked me up. I know what Molly meant. I think I'm just tired. LOL

 

[palisadesk]

A propos of the text messages, it may be that they cannot be introduced as they stand because they need to be redacted first, and the judge will have to examine all of these before approving their introduction as evidence. They would need redacting not because they contained something the defense didn't like, but because they contained extraneous material not related to the case. Evidence can't be excluded because the defense doesn't like it! It can be excluded if it is "prejudicial" which would include things like finding out that an accused was a known peeping tom or liked to watch child . Both are crimes but not related to this case so any information on such nefarious activities would be excluded because it doesn't help the jury determine the facts in the case before the court. If the judge deems texts relevant but some parts needing exclusion he will indicate what is allowed and what not. It might take some time to prepare the exhibit accordingly. Just a possibility. But while there may be a perception that the defense gets to exclude "evidence" that doesn't favour their clients, this is not so. Another factor the judge considers before admitting evidence is reliability of the source.