Bosma Murder Trial 05.09.16 - Day 46

[ABro]

Why was DM taking all those stupid notes if he's not putting up a defense. Is it me or does Pillay just seem like a bad lawyer?

He is absolutely not a bad lawyer. There are no bad lawyers on this case. They are all very good.

 

[hellkat2]

IMO Smich gonna play victim now? It wasn't me? DM is a bad influence on me? or "Look judge....here is the gun....with his finger prints all over it".

 

[hellkat2]

I agree. From everything we heard about Arthur, getting the truth from him would be a given. If the truth helps, why not?

The truth is never wrong.

 

[hellkat2]

TD could have many witnesses to call for MS: MS himself, MM, MS's physician, Arthur, MS's mother, plus, plus, plus. I think MS's best witness would be himself and perhaps someone he confided in prior to his arrest, telling the truth to about what happened on May 6th and 7th...if there is such a witness. MOO.

Adam Carter ‏@AdamCarterCBC 7h7 hours ago
Dungey did not specify who exactly he will call -- just that they will call witnesses.

What about MB? Is it possible?

 

[brightii]

I think TD is going to go hard on MS while at the same time defending him, IF MS takes the stand, IMO. If MS testifies TD will basically do what he did with MM pointing out how inappropriate it was for MS and MM to attend MS's sister's wedding under the circumstances, etc., IMO. If MS testifies TD will paint DM as the most dangerous monster who led a troubled and malleable MS astray just as DM did to others, IMO. TD will ask MS why he didn't go to police to report what happened to TB, and then, after he admonishes MS for not doing the right thing, for acting happy after the fact according to MM, TD will wrap up his close to the jury by saying that while MS is a petty criminal who didn't act honourably after DM murdered TB in the hours, days and weeks afterward, that MS is not a murderer, IMO. I expect that TD will be effective IMO in his defence of MS going on his past performance with other witnesses at trial so far, IMO, and I'm curious to know if TD will succeed in getting MS a conviction on a lesser charge. I cannot imagine a scenario where TD can argue successfully that MS is not guilty at all, IMO, and I don't think he'll try to prove such a thing, IMO.

All MOO.

 

[canadiangirl]

He is absolutely not a bad lawyer. There are no bad lawyers on this case. They are all very good.

So good he has no actual defense lined up? I wouldn't want him representing me if I was DM. Not sure what he's actually done for him thus far. I am however thankful for that. Hopefully that means justice for Tim. JMO

 

[etrain]

if MS gets on the stand, the"why did you hide the gun and where is it now" has to come up

 

[Georgeo]

So good he has no actual defense lined up? I wouldn't want him representing me if I was DM. Not sure what he's actually done for him thus far. I am however thankful for that. Hopefully that means justice for Tim. JMO

Pillay can only work with what he is given (a guilty psycho with no alibi).

 

[Georgeo]

What about MB? Is it possible?

Too too little to late.

 

[ABro]

So good he has no actual defense lined up? I wouldn't want him representing me if I was DM. Not sure what he's actually done for him thus far. I am however thankful for that. Hopefully that means justice for Tim. JMO

So, what exactly would you have done if you were Pillay then?

 

[Night_is_Mine]

So, what exactly would you have done if you were Pillay then?

She didn't spend 20 years studying/practising law like Pillay did and she probably could do as good as Pillay did. Pillay did NOTHING.

 

[canadiangirl]

So, what exactly would you have done if you were Pillay then?

Something. Anything perhaps? His questioning was weak as many here pointed out when it was his time to cross and IMO he's done DM no favours.

All comments are JMO unless stated otherwise

 

[swedie]

Why was DM taking all those stupid notes if he's not putting up a defense. Is it me or does Pillay just seem like a bad lawyer?

Was DM taking notes or doodling? He's a doodler don'tcha know Well according to his jail house letters to CN and Dee at least. Wonder if we have another Jodi A on our hands? Will he find someone to sneak his doodling out of prison for him to earn some extra cash? HTH and MOO.

 

[brightii]

So good he has no actual defense lined up? I wouldn't want him representing me if I was DM. Not sure what he's actually done for him thus far. I am however thankful for that. Hopefully that means justice for Tim. JMO

I think that DM not mounting a defence doesn't necessarily mean that his lawyers are bad, it may mean that they don't think the Crown has proved its case against DM, IMO, and therefore DM didn't need to take the stand in his own defence, IMO.

Or it could be that DM's defence team does believe that the Crown succeeded in proving its case against DM but DM and his defence team had no more evidence to present or no more witnesses to call to help DM, IMO.

Either way, DM's lawyers didn't have much to go on with DM as their client, IMO so what more could they have done to defend him? I think the Crown's evidence against DM is extremely strong and I suspect DM's lawyers think so too, IMO.


All MOO.

 

[ABro]

She didn't spend 20 years studying/practising law like Pillay did and she probably could do as good as Pillay did. Pillay did NOTHING.

Again, what should he have done that he didn't? A lot of sound and fury here but I'm not hearing anything concrete.

 

[ABro]

Something. Anything perhaps? His questioning was weak as many here pointed out when it was his time to cross and IMO he's done DM no favours.

All comments are JMO unless stated otherwise

Lawyers are not magicians. What questions should he have asked that he didn't? <modsnip>

ETA: You also need to realize that when you call defence evidence, you open yourself up to cross examination, which can hurt your case. A lawyer interviewed on CHML today discussed how the decision to call a defence and/or put a defendant on the stand is often very, very tough.

 

[Miranda16]

I don't recall anyone suggesting that guns were stored in the toolbox on a regular basis? I understand that the toolbox was out and open at parties. So I don't think guns were normally stored in it, or that all of DM's friends/partygoers knew he had a gun(s) or where he stored it.

I do believe that MH was actually being facetious when he commented about guns being in the toolbox. I think he knew he was holding drugs for DM but had no idea how close to the truth his text actually was.

MOO

its a good point and I recall that the toolbox was said to come out at parties. I just think that it is far too much of a coincidence that MH joked about guns. DM may have used it for all his illicit 'treasures' in between parties?

 

[Just4TB]

Regarding DM's lawyers... while there are varying levels of capability, as ABro said, the defense can only work with what it has to work with.

Although I was not present, I believe that DM's lawyer team worked hard during legal arguments and were successful in preventing a lot of evidence that would hurt DM's case. A very high percentage of their subsequent objections with jury present were granted by Justice Goodman. I suspect that RP and NS tried to block letters from DM to CN but were not successful. These letters were IMO a mortal wound to DM's defense, the iceberg that tore open the ship, now SS Millard is sinking fast. RP and NS have done what they could, a bit more hard rowing to do during the TD defense cross exam, then abandon ship and collect remaining fees..

RP was the better of the pair in my opinion. NS... had a very bizarre method of questioning various witnesses, which I found distasteful and unprofessional.

 

[ILoveDateline]

Lawyers are not magicians. What questions should he have asked that he didn't? You keep insisting he should have done something but are unable to come up with even one suggestion or example of what he should have done.

ETA: You also need to realize that when you call defence evidence, you open yourself up to cross examination, which can hurt your case. A lawyer interviewed on CHML today discussed how the decision to call a defence and/or put a defendant on the stand is often very, very tough.

I'm not sure of the actual stats, but I imagine the number of times a defendant takes the stand has to be low. IMO. And I think most defences would prefer to rest and hope/rely on reasonable doubt. Really their job is to defend against the case brought against them. If they do that effectively, it's defended in cross. The defence doth protest too much, me thinks.. Or something similar to that philosophy. IMO. I'm not saying I believe that was don't here but that may be DMs team's view.

 

[Kamille]

if MS gets on the stand, the"why did you hide the gun and where is it now" has to come up

This is interesting because so far, the only information we have about what happened to the gun came from MM. It's entirely possible that MS lied to her about what he did with the gun.

I want to know why MS, once he was thinking clearly, wouldn't have called MWJ for advice on what to do with the gun. I'd also like to know if it's possible that the gun made its way back into the underground world of gun dealing via MWJ and that is why MS is unable to produce it. This might also be why he won't talk of what really happened to the gun. Don't imagine that would go over too well in the jail. And he is usually in GP so he wouldn't want to be ratting out people like MWJ.

There is no doubt that the gun was likely wiped before MS got it from the toolbox. Regardless of who actually fired it, when DM was scrambling around hiding evidence, even he wasn't stupid enough not to wipe the gun before putting it in the toolbox. And I understand it was wrapped in some type of clothing item. Another thing that would have obscured prints from the gun.

So when MS got a hold of the gun, of course he handled it and at that point probably only his prints were on it. But I doubt, wherever that gun is now, it has any useful prints to be found on it and if it does, it would be the prints of the last person who supposedly handled it, which would be MS, unless it has been resold.

MOO