Bosma Murder Trial 05.10.16 - Midweek Discussion

[canadiangirl]

My thoughts on CN is that she would have been a star witness for the prosecution if she were innocent. Would have been really simple for her, excellent way to get revenge on DM for the other girls too. But the problem is that she isn't innocent and couldn't do a deal with prosecution without doing time. Thus she lies to cover her tracks and gets deeper and deeper into this mess.

There is a reason DM was able to convince her to help clean up - she probably knew of the whole plan and dropped DM and MS off.

Whatever MS says tomorrow will be admissible as evidence in her trial. Her own testimony wasn't, but his will be.

I'm hoping she gets 10+ years.

I can't believe how she screwed up her life being with DM. But you are who you hang around with and she apparently liked this low life gang. And now she is going to jail with them.

I agree with this but I've also always believed she is the elusive 3rd person....

 

[SuperSpy]

How does it work when a witness refuses to give a statement ? The police bring you in and you just won't talk ?

They will have video of this, to present at her trial, right ? Should be pretty damming.

I don't know what it is about her that makes me want to see her get convicted, but I do. DM and MS getting time is a given. I can't wait for her trial.

 

[hellkat2]

I don't care what she may be doing at this time. It's just nice to know her attitude in court, and her reluctance to destroy evidence (other than MB's and her fingerprints) will be the push that seals DM's cell door for 25 years. I'm sure DM didn't expect this outcome when he sang "Wonderwall" to her.

He can now look at the walls and wonder for 25 years.

I do wonder if that women that reached out to him in jail not long after his arrest still believes he is innocent?

MOO

As sick as it is.....these two will have many women writing them in prison as apparently there are groupie type women that love lifers.

 

[SuperSpy]

@susanclairmont If Smich testifies, can what he says be used against Noudga at her trial? Or would he have to testify again then?

Susan Clairmont ‏@susanclairmont 2h2 hours ago
He would have to be called to testify at her trial. Evidence has to be put in through a witness. 1/2

Susan Clairmont ‏@susanclairmont 2h2 hours ago
2/2 Unless there is agreed statement of facts or, if a witness dies, earlier testimony can be read into the record.

His will be a deposition under oath, so it can be used. She had an agreement that made her testimony immune in her own trial, supposedly to compel her to tell the truth. But it can be used to substantiate the truth if she does testify again.

People need to remember that anyone can be charged with perjury anytime they testify. We all think that CN isn't going to testify at her own trial, but here we are about to hear from MS.

 

[hellkat2]

Lets be fair, Smich turned off his phone, he wore gloves and disposed of them, and he didn't write countless letters detailing how he did it. I think Smich's lawyer had a far easier job, don't you?

All very true. IMO

 

[SuperSpy]

I don't care what she may be doing at this time. It's just nice to know her attitude in court, and her reluctance to destroy evidence (other than MB's and her fingerprints) will be the push that seals DM's cell door for 25 years. I'm sure DM didn't expect this outcome when he sang "Wonderwall" to her.

He can now look at the walls and wonder for 25 years.

I can't believe how stupid she was. First off sending the letters and thinking they wouldn't be caught and she wouldn't get in trouble for it. But also not destroying his letters or even hiding them ! And not getting rid of the DVR ! DM must be so mad at her ! He must be furious !

If she wanted to keep those letters, why didn't she take them to a self serve office services shop and scan them onto a flash drive and hide the flash drive in the bottom of a plant pot ? So much for being a super smart, elusive spy. Coyote ? Nope. More like a dumb ewe. Baahhhh... I don't remember.

 

[flipflop]

Can Dellen change his mind now that Smich has decided to?

MS has decided to? Do we know that yet? It is a possibility
DM cannot change his mind, he had his chance. His legal team will cross examine MS, if MS takes the stand, and they can tell DM's version through questioning.

 

[Quaere_veritatem]

Just have a thought of something unexplained:

On Wednesday after the test drive there were several men working at Maple Gate (on cars or on landscaping - both was said).
Does anybody know whether the phone pings are stating who was there at the time?
Is it totally irrelevant?? It has been an exceptional day for working at Maple Gate, I think.

I don't know if anyone answered this but I seem to remember something in JVs testimony that said one day that week he and his crew went over to map legate to do some outside work, so I figured that's who was seen there

 

[don_quixote]

Can Dellen change his mind now that Smich has decided to?

I don't see why not. Once more witnesses come up, that can change the picture (or so they can claim). Wouldn't it be unfair if they can't bring their witness to try and refute any new evidence that appears?

P.S. I'm not a lawyer, just thinking how the judge could look at that

 

[canadiangirl]

MS has decided to? Do we know that yet? It is a possibility
DM cannot change his mind, he had his chance. His legal team will cross examine MS, if MS takes the stand, and they can tell DM's version through questioning.

But to be fair their questioning will be all what if this. All it would be is spinning MS words to suit them. Not telling DM side

All comments are JMO unless stated otherwise

 

[don_quixote]

"If Smich does "hit the box" he will be open to cross-examination, first by Millard's team, then by Fraser for the Crown.


During cross-examination, Millard's team can put to the witness its own version of how Tim was murdered, thereby getting its theory to the jury without putting Millard on the stand."

http://www.thespec.com/news-story/6546273-clairmont-the-end-of-the-bosma-trial-is-in-sight/

But they already could do it during the forensic testimonies. And Dungey kinda did. A theory is a theory. A credible witness beats that...

 

[hellkat2]

But when MS was truly freaked out, he wasn't able to hide it. He has little control over his emotions (unlike DM).

I don't think the jury will so quickly discount the celebratory mood in the Yukon. I also have no reason the believe that MM lied on the stand, or intentionally omitted anything. She was extremely helpful to LE. I think the jury will see her as honest, and accept that DM and MS were happy with the outcome of their crime.

IMO.....there could have been a Yukon driver just like they said to TB who was neither smitch or DM. They said they were dropped off by a friend.

 

[SnooperDuper]

His will be a deposition under oath, so it can be used. She had an agreement that made her testimony immune in her own trial, supposedly to compel her to tell the truth. But it can be used to substantiate the truth if she does testify again.

People need to remember that anyone can be charged with perjury anytime they testify. We all think that CN isn't going to testify at her own trial, but here we are about to hear from MS.

No, MS's testimony here cannot be used in CN's trial. He would have to testify again. CN has no agreement for immunity: it is the law that her testimony in this trial cannot be used against her in her own trial, except to prove perjury.

 

[SnooperDuper]

I don't see why not. Once more witnesses come up, that can change the picture (or so they can claim). Wouldn't it be unfair if they can't bring their witness to try and refute any new evidence that appears?

P.S. I'm not a lawyer, just thinking how the judge could look at that

DM has had his chance to call witnesses or testify and he declined. He does not get a do-over.

 

[ArianeEmory]

I wish there was a way to recall all the posters that defended DM over the years and ask them what they think now.

I suspect some of them never believed what they claimed to anyway.

 

[hellkat2]

MS knows he is going down and is gonna do a last ditch effort. He is gonna sing like the supremes. He is out for revenge. IMO of course. We will find out soon.

 

[Inspector_North]

I can't believe how stupid she was. First off sending the letters and thinking they wouldn't be caught and she wouldn't get in trouble for it. But also not destroying his letters or even hiding them ! And not getting rid of the DVR ! DM must be so mad at her ! He must be furious !

If she wanted to keep those letters, why didn't she take them to a self serve office services shop and scan them onto a flash drive and hide the flash drive in the bottom of a plant pot ? So much for being a super smart, elusive spy. Coyote ? Nope. More like a dumb ewe. Baahhhh... I don't remember.

Not like she was not familiar with a paper shredder. But she did seem to like the fancy types.

MOO

 

[Inspector_North]

IMO.....there could have been a Yukon driver just like they said to TB who was neither smitch or DM. They said they were dropped off by a friend.

This one has been exhausted on WS, and by LE over many months of investigation. There was no third person at the test drive.

Lack of evidence is sometimes evidence. Just like the discovery of a Black Hole, you sometimes have to look at the effects it has on the surroundings.

The effect is that they walked down the driveway. The other thing is there is not one iota of any of the mission minions or CB being near the site according to their phone records. And yes, I thought about someone like CN turning off their phone or leaving it behind, but that would mean she was the only one that considered to do it without sharing the idea with the others who could have got him/her caught. They were just not that smart. Sometimes hard to accept when they seemed to plan missions all the time ..... but they did.

MOO

 

[don_quixote]

This one has been exhausted on WS, and by LE over many months of investigation. There was no third person at the test drive.

Lack of evidence is sometimes evidence. Just like the discovery of a Black Hole, you sometimes have to look at the effects it has on the surroundings.

MOO

Lol. Aside from Hawking-zeldovich-starobinski effects.

But yeah, I think no 3rd driver. MS even SMS'd MM that he's driving

 

[Inspector_North]

If MS does take the stand, I hope they clear up a little problem with CN's testimony.

Noudga's records show that Michalski called her, not the other way around, and she testified. "Your position is this record must be wrong?" Leitch says. "My position is my recollection is I called him," she says. "Your phone records don't bare it out," Leitch says.
by Adam Carter 11:02 AM

The phone call from Smich isn't in there either before Burns - she says the records "must be wrong."
by Adam Carter 11:03 AM

MOO