Bosma Murder Trial 05.11.16 - Day 47 - Smich Defence commences

[Inspector_North]

Scoping doesn't fit with what AM said about DM saying the theft on the 5th was unsuccessful. If it was only a scope.
MOO

 

[SnooperDuper]

Colin Butler ‏@ColinButlerCBC 6m6 minutes ago
"Women have intuition" Smich says. "She must have if a bad feeling." #Bosma

Lisa Hepfner ‏@HefCHCHNews 6m6 minutes ago
Smich doesn't understand term "harping on" but says women have intuition and Meneses told him repeatedly not to go steal the truck #TimBosma

Shannon Martin ‏@ShannonMartinTV 7m7 minutes ago Toronto, Ontario
'Women have intuition' She may have had a bad feeling, Smich tells jury. #Bosma #HamOnt

Peter Akman ‏@PeterAkmanCTV 6m6 minutes ago
"Women has intuition and maybe had a bad feeling about it." Smich about his ex-gf telling him not to steal truck #Bosma @CTVNews

Susan Clairmont ‏@susanclairmont 6m6 minutes ago
"She was definitely telling me not to go & she was telling me it was a really stupid idea."

molly hayes ‏@mollyhayes 6m6 minutes ago
Dungey asks about text from Millard that day re: mission day, bring a change of clothes. Smich says that might've been on May 5. #Bosma

 

[SnooperDuper]

Alex Pierson ‏@AlexpiersonAMP 6m6 minutes ago
"She was def telling me not to go. "Women have an intuition. She repeatedly told me it was stupid, not to go." @AM900CHML

Lisa Hepfner ‏@HefCHCHNews 6m6 minutes ago
Millard told Smich to bring a change of clothes on the mission. "In case we were going to steal it, we'd have a change of clothes."

Susan Clairmont ‏@susanclairmont 6m6 minutes ago
"Women have intuition & she thought it was a bad idea," says Smich...Text from Dell May 5 or 6 to go on "mission" & bring change of clothes.

molly hayes ‏@mollyhayes 6m6 minutes ago
Dungey asks why they'd bring a change of clothes. He says in case they did steal it. #Bosma

Colin Butler ‏@ColinButlerCBC 6m6 minutes ago
May 6 Millard texts Smich to "bring a change of clothes" Smich says it in case they stole it, they could return in all black for the theft.

molly hayes ‏@mollyhayes 6m6 minutes ago
"You're not gonna go back in the same clothes you're wearing to steal a vehicle," he says. #Bosma

 

[meterclicks]

Then Bosma came out of the garage, Smich says.
by Adam Carter 12:22 PM

Sharlene Bosma is now crying in the front row.
by Adam Carter 12:22 PM

Smich says Bosma and Millard talked. "They were looking around the truck, so I kind of walked with them."
by Adam Carter 12:23 PM

Smich says he was still "ill."
by Adam Carter 12:23 PM

 

[canadiangirl]

I read it as they watched other vehicles and was smashing the windows at night to see if they could start the truck and take off with it.

I was behind when I posted that reaction

 

[SnooperDuper]

Lisa Hepfner ‏@HefCHCHNews 7m7 minutes ago
"You're not going to go back in the same clothes that you wore," Smich is faltering. "It was something we did."

Alex Pierson ‏@AlexpiersonAMP 6m6 minutes ago
Smich says they brought a change of clothes cause wearing all black wld "look bad" they did that for missions. @AM900CHML

molly hayes ‏@mollyhayes 6m6 minutes ago
Dungey suggests he means so they wouldn't be recognized as the guys who were there previously. Smich agrees. #Bosma

Lisa Hepfner ‏@HefCHCHNews 6m6 minutes ago
Dungey clarifies so that it was so the thieves wouldn't be recognized after the theft. #TimBosma

Peter Akman ‏@PeterAkmanCTV 6m6 minutes ago
Smich discussing the fashion protocol of stealing a vehicle and during "missions." Always bring a change of clothes #Bosma @CTVNews

molly hayes ‏@mollyhayes 7m7 minutes ago
They'd done this before on missions. #Bosma

 

[mozzagirl]

Then Bosma came out of the garage, Smich says.
by Adam Carter 12:22 PM

Sharlene Bosma is now crying in the front row.
by Adam Carter 12:22 PM

Smich says Bosma and Millard talked. "They were looking around the truck, so I kind of walked with them."
by Adam Carter 12:23 PM

Smich says he was still "ill."
by Adam Carter 12:23 PM

This is going to be so painful for the Bosmas to hear but I hope in some way it may help with closure.

 

[SnooperDuper]

Colin Butler ‏@ColinButlerCBC 7m7 minutes ago
They wouldn't be recognized as the pair who went on the test drive, Smich says. #Bosma

Susan Clairmont ‏@susanclairmont 7m7 minutes ago
"Not going to test drive a vehicle in all black," says Smich. Change before going back to steal truck, he says. May 6. Millard picks him up.

Shannon Martin ‏@ShannonMartinTV 6m6 minutes ago Toronto, Ontario
Dungey now directing Smich to the day of May 6, 2013. The day of the test drive. #Bosma #HamOnt

molly hayes ‏@mollyhayes 7m7 minutes ago
Millard picked him up on May 6. Dungey asks if he told him where they were going. Smich says "we were going on a test drive." #Bosma

Lisa Hepfner ‏@HefCHCHNews 7m7 minutes ago
Millard picked Smich up on May 6, 2013. Smich knew they were going for the test drive. Doesn't know if Millard told him where. #TimBosma

molly hayes ‏@mollyhayes 7m7 minutes ago
Dungey asks if he said where. Smich can't recall. #Bosma

 

[matou]

Pedo was there!?

In the Yukon.

 

[Typhoo1961]

Sharlene Bosma is now crying in the front row.
by Adam Carter 12:22 PM

Be strong sweetie. The world is behind you.

 

[SnooperDuper]

Peter Akman ‏@PeterAkmanCTV 7m7 minutes ago
Smich is picked up by Millard on 6th - told they are doing another test drive. Wasn't told exactly where it was. #Bosma @CTVNews

Alex Pierson ‏@AlexpiersonAMP 7m7 minutes ago
May 6th. DM picks up Smich. Going for a test drive. Can't remember what he said. "Just we were going for a test drive" @AM900CHML

Susan Clairmont ‏@susanclairmont 7m7 minutes ago
"We were going on a test drive. I don't recall if he told me exactly where it was." Scope out the truck.

molly hayes ‏@mollyhayes 7m7 minutes ago
Smich agrees as far as he knew this was again to go "scope out" the vehicle and see if it was one Millard would want. #Bosma

Colin Butler ‏@ColinButlerCBC 7m7 minutes ago
Millard then picks him up and Smich can't really remember if Millard told him where they were going, just to scope out a truck. #TimBosma

Shannon Martin ‏@ShannonMartinTV 7m7 minutes ago Toronto, Ontario
Smich says he believed they were just going for a test drive. To scope out the truck. #Bosma #HamOnt

 

[meterclicks]

"My shoulder was bad at that time. I actually popped out ... the morning of May 5. I was in pain, my shoulder was messed up."
by Adam Carter 12:23 PM

"Dell gets into the vehicle, Mr. Bosma gets into the vehicle, and I get into the vehicle as well," Smich says. Bosma gave Millard the keys. Bosma was in the front passenger, Smich was in the back, behind Bosma.
by Adam Carter 12:25 PM

Bosma's mother just ran out of the courtroom.
by Adam Carter 12:25 PM

 

[Just4TB]

Susan Clairmont ‏@susanclairmont 28s28 seconds agoSmich spent day trying to find a doctor. "It was too much pain. It was unbearable."

Pain is what SB is going through now and for the past 3+ years. Getting a bit hot here listening to this . Hope he gets 1st degree.

 

[SnooperDuper]

Lisa Hepfner ‏@HefCHCHNews 8m8 minutes ago
As far as Smich knew, they were going to "scope out" the vehicle only, to see if it was the one they wanted. #TimBosma

Peter Akman ‏@PeterAkmanCTV 7m7 minutes ago
Smich says it was supposed to be "just for a test drive, to scope it out." it was #Bosma truck. @CTVNews

molly hayes ‏@mollyhayes 7m7 minutes ago
Dungey asks if intention was to steal it or scope it out. Smich says "it was always the goal to scope it and potentially steal it." #Bosma

Susan Clairmont ‏@susanclairmont 7m7 minutes ago
"IT was always the intention to scope it and the intention to steal it. That was always the plan." Other times, it didn't work out.

Lisa Hepfner ‏@HefCHCHNews 7m7 minutes ago
"It was always an intention to scope it and an intention to steal it," Smich says they always scoped, but it was never right.

molly hayes ‏@mollyhayes 8m8 minutes ago
"If it was right, then that's what the plan was," he says. #Bosma

 

[MorningStar22]

lol if you only knew...

thanks

Snoop I can jump in for 1/2 hour or so if you need me. I'm apparently not getting much work done anyway and spending most of my time on WS!

 

[Sillybilly]

I don't think the jury decides/recommends on sentencing? They can convict of a lesser charge for which sentencing could be presumed to be less, but I don't think they have any direct say. Maybe somebody else can confirm.

With a verdict of guilty on 1st degree, there is a mandatory sentence of life; therefore no recommendation by the jury because there is no option. IF a jury convicts on 2nd degree, they can make a recommendation on parole eligibility but the judge is not bound by their recommendation.

from the Criminal Code of Canada:
http://laws-lois.justice.gc.ca/eng/acts/C-46/page-191.html#docCont

Recommendation by jury

745.2 Subject to section 745.3, where a jury finds an accused guilty of second degree murder, the judge presiding at the trial shall, before discharging the jury, put to them the following question:

You have found the accused guilty of second degree murder and the law requires that I now pronounce a sentence of imprisonment for life against the accused. Do you wish to make any recommendation with respect to the number of years that the accused must serve before the accused is eligible for release on parole? You are not required to make any recommendation but if you do, your recommendation will be considered by me when I am determining whether I should substitute for the ten year period, which the law would otherwise require the accused to serve before the accused is eligible to be considered for release on parole, a number of years that is more than ten but not more than twenty-five.

 

[SnooperDuper]

Shannon Martin ‏@ShannonMartinTV 8m8 minutes ago Toronto, Ontario
The plan was always to scope out the truck, and potentially steal it: Smich #Bosma #HamOnt

Colin Butler ‏@ColinButlerCBC 7m7 minutes ago
Smich says the intention was just to look and potentially steal #TimBosma's truck.

Alex Pierson ‏@AlexpiersonAMP 8m8 minutes ago
Smich says he thought they were scoping "vehicle. Then steal it" @AM900CHML

molly hayes ‏@mollyhayes 8m8 minutes ago
Dungey asks about the plan when they go to the #Bosma residence. Smich sighs.

Shannon Martin ‏@ShannonMartinTV 8m8 minutes ago Toronto, Ontario
Dungey: Tell us what happened when you went to the Bosma residence. #Bosma #HamOnt

molly hayes ‏@mollyhayes 8m8 minutes ago
He says they drive there and park on the side road--Book Rd. "That little driveway entrance thing." #Bosma

 

[lclabtech]

I feel nauseous now.

 

[meterclicks]

Smich says Millard told Bosma his friend dropped them off, and was at Tim Hortons.
by Adam Carter 12:26 PM

Smich says he didn't know Millard was going to say this. "Did Dell ever tell you what he was going to do, or was he in charge?" Dungey asks. Smich says Millard was in charge, and he thought the plan was to scope out the vehicle.
by Adam Carter 12:27 PM

Millard hit the brakes, and said his friend couldn't find Tim Hortons and he was around the corner. Then they drove around the corner.
by Adam Carter 12:28 PM

 

[SnooperDuper]

Lisa Hepfner ‏@HefCHCHNews 8m8 minutes ago
What happened at #Bosma residence? "We drive there, park on side of road," Smich says. They parked on Book Road. A driveway entrance.

Susan Clairmont ‏@susanclairmont 8m8 minutes ago
#Bosma home. "We go there and park on side of the road near the residence." Book Road. "That little driveway entrance, little thing there."

Colin Butler ‏@ColinButlerCBC 8m8 minutes ago
They parked Millard's Yukon on the side of the road near the #Bosma home Smich says, on Book road.

molly hayes ‏@mollyhayes 8m8 minutes ago
Millard was driving. They were in his Yukon. It was just them and Pedo. #Bosma

Shannon Martin ‏@ShannonMartinTV 8m8 minutes ago Toronto, Ontario
For the first time, we are hearing a first hand account from one of the accused, the night Bosma disappeared. #Bosma #HamOnt

Lisa Hepfner ‏@HefCHCHNews 9m9 minutes ago
Millard was driving the Yukon. Pedo the dog was there, no one else. After they parked, Millard was on phone with #TimBosma & they walked up