Bosma Murder Trial 05.11.16 - Day 47 - Smich Defence commences

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  • #721
I've never left that seat ;) I took some hits along the way here and on another site but stood my ground. Yes, I was wrong about the hanger video (that it didn't look like MS) But I always believed that DM called the shots and pulled the trigger.

I've always thought DM called the shots and pulled the trigger but I also believe Smich knew the plan all along.
 
  • #722
Did you click my link?

Still not following what you think she lied about on the stand.

You are right. She didn't lie on the stand then. But she probably also probably told CN exactly what was going on. She'll be a witness at her trial ?
 
  • #723
At least MS's shoulder problem can be verified. But CN's testimony of DM's can't.

MOO
 
  • #724

Peter Akman ‏@PeterAkmanCTV 10m10 minutes ago
Smich looks near tears on the stand. #Bosma @CTVNews

Sorry, I will say it, IMO, I really am believing MS so far today. Even his emotion, he has sat there emotionless for months and for the first time is showing emotion. It is when asked why he didn't go to police. Not calling police is probably one of the biggest "mistakes" he has made in this crime if he truly didn't know about the murder beforehand. I am sure he wishes he could at least roll back time and call police instead of going to the wedding. It might have saved him sitting in court under these charges, in leg shackles, like he has been.

I will be criticized for this I am sure but right now I don't think he is guilty of 1st degree murder.

All, MOO
 
  • #725
I wonder if DM's lawyers can afford to bring up the furniture/sausages texts--since they were sent to DM.
 
  • #726
But MS was a party of a pre meditated theft and forcible confinement that resulted in death. By definition that is 1st degree murder.

However it was not forcible confinement if the official plan for MS was just to scope the truck and then come back and steal it, especially since he was not even in the truck.
 
  • #727
Sorry, I will say it, IMO, I really am believing MS so far today. Even his emotion, he has sat there emotionless for months and for the first time is showing emotion. It is when asked why he didn't go to police.

I will be criticized for this I am sure but right now I don't think he is guilty of 1st degree murder.

No, it's not just you, that's where my gut is at. I'm still in the middle of processing the information, though, so I don't know if my rational brain will land at the same place. I do know that in order to believe MS, I have to believe he wasn't involved in LB's murder, and unfortunately that just isn't knowable right now. Otherwise, his story seems consistent with a dumb criminal kid who was a wannabe gangster, right up till the point things got TOO real.
 
  • #728
You are right. She didn't lie on the stand then. But she probably also probably told CN exactly what was going on. She'll be a witness at her trial ?

FWIW The only reason I remembered MM's specific testimony is that both she and MS used the word 'burned' in regards to TB.
 
  • #729
Sorry, I will say it, IMO, I really am believing MS so far today. Even his emotion, he has sat there emotionless for months and for the first time is showing emotion. It is when asked why he didn't go to police. Not calling police is probably one of the biggest "mistakes" he has made in this crime if he truly didn't know about the murder beforehand. I am sure he wishes he could at least roll back time and call police instead of going to the wedding. It might have saved him sitting in court under these charges, in leg shackles, like he has been.

I will be criticized for this I am sure but right now I don't think he is guilty of 1st degree murder.

All, MOO

Are you at the courthouse seeing him in person? If you are measuring his emotion, you must be. If you are getting it from the tweets, you could be projecting what you want to feel. I would want to know his demeanor. Is he shaky when he talks? for instance. Or is he "rehearsed?" IMO
 
  • #730
This is not to defend MS, but I have had both shoulder socket injuries and rotator cuff injuries. With both I was able to function decently if what I was doing with my arms was down low, however I could not function if my arm was elevated to higher than lateral position (or 90 degrees to my body).

Im just saying, the seat is heavy and awkward. You would have to manipulate that seat to get it out of the truck. So MS would have had to use both arms to help. It's not a one person job and more then likely higher then 90°. Just as that pansy AZZ rich kid probably couldn't have lifted a TB's 170lb body into the incinerator on his own.

BUT, I beleive the rest of what MS is saying.
 
  • #731
Yeah, sorry, I should have said urban S. Ontario. :) I was thinking of the Golden Horseshoe really and all those dense populations areas that just run each into the next. Expressing distance in time is a very Canadian thing. Canadians in general often answer "How far?" with "4 and half hours". It's cute. We're all cute!

4 and half hours? I used to have a car like that!! :cool:
 
  • #732
I expect him on the stand for days. But Millards lawyers hands are really tied here, they can't address anything at all about the premeditation. It's going to be up to the crown to hammer that evidence home.

They will use the Super Sucker video to suggest that MS WAS in the truck and shot TB before they turned the truck back around and went to pick up the Yukon. They've already established that there was more video of a black truck that matched TB's truck the expert did not bring to the attention of the jury. They will change it up to suggest that MS is lying about everything and that it was him who randomly shot TB during the test drive. I think both sides have conceded the point that it was a premeditated truck theft. But neither are going to concede that their client knew the other one carried a gun during that theft and planned to shoot the owner during the test drive. And they will do it all by suggesting all this during the cross of MS. Who will just sit there and deny everything they say.

MOO
 
  • #733
Lisa Hepfner ‏@HefCHCHNews 9m9 minutes ago
"I was confused. I did look for a lawyer in that period of time. I needed proper advice. I didn't want to go straight to police."

Shannon Martin ‏@ShannonMartinTV 9m9 minutes ago Vaughan, Ontario
Dungey: What's more important, giving the Bosma family relief or going to a wedding? Smich: I was confused. I was looking for a lawyer.

Colin Butler ‏@ColinButlerCBC 10m10 minutes ago
"I know I didn't kill Mr Bosma," Smich says. "I was confused. I did look for a lawyer. I needed proper advice." #TimBosma

molly hayes ‏@mollyhayes 10m10 minutes ago
Smich says again he was confused. He wanted legal advice. He was confused. He was in denial. #Bosma

Susan Clairmont ‏@susanclairmont 10m10 minutes ago
Foolish thinking at the time. I was torn up inside. I wanted to go to my sister's wedding.

Peter Akman ‏@PeterAkmanCTV 9m9 minutes ago
Smich "I was confused and I was in denial. I didn't kill Mr. #Bosma." @CTVNews

I do think the evidence presented earlier in the trial about him wanting money for a lawyer, does help bear out his explanation a bit. In other words there is some evidence he did want to come forward but was afraid to do so without a lawyer
 
  • #734
Sorry, I will say it, IMO, I really am believing MS so far today. Even his emotion, he has sat there emotionless for months and for the first time is showing emotion. It is when asked why he didn't go to police.

I will be criticized for this I am sure but right now I don't think he is guilty of 1st degree murder.

I really can understand how you feel, as I am feeling kind of the same. Does he need to pay for what he did and did not do, absolutely. But I think he is telling the truth, that he had no idea DM was going to kill someone. Certain things he says ring true, IMO. And I just do not think he would be up there if he was not planning on telling the true story, nor do I think his Lawyer would be onside with it all.

As un-logical as it seems to most of us, I can see him trying to put it all out of his mind to attend his sister's wedding and act happy like he had no care in the world. As sick as that seems to us, the human mind and the way it works can never be explained.
 
  • #735
Are you at the courthouse seeing him in person? If you are measuring his emotion, you must be. If you are getting it from the tweets, you could be projecting what you want to feel. I would want to know his demeanor. Is he shaky when he talks? for instance. Or is he "rehearsed?" IMO


Shannon Martin ‏@ShannonMartinTV 2m2 minutes ago Vaughan, Ontario
Smich says Millard told him to help him put Bosma's body inside The Eliminator. 'I told him... I can't' his voice shaking #Bosma #HamOnt
 
  • #736
Are you at the courthouse seeing him in person? If you are measuring his emotion, you must be. If you are getting it from the tweets, you could be projecting what you want to feel. I would want to know his demeanor. Is he shaky when he talks? for instance. Or is he "rehearsed?" IMO

He said he didn't feel guilty. That to me says a lot.
 
  • #737
Let them both rot in hell.

Sorry, just can't find sympathy for what this guy was part of, guilty conscience or not. A little late foe purple shirts, haircuts, tears and coming clean (which is up for certainly up for debate).
 
  • #738
Of course the story is lining up with testimony and evidence, he was taking notes. The story line was created for him through the entire trial. It sounds convincing. But isn't necessarily the truth. IMIO
 
  • #739
No evidence to say that there was a plan to hold TB against his will or that MS participated in doing this at this point. His story on the stand definitely does not fit with first degree.

Just because he says it, doesn't make it so. Again, for the umpteenth time, tape, gloves, spare clothes, fireworks, all nighter, fireside furniture, and sausage roast. These things aren't based on if you do or don't believe someone is telling the truth. They are fact, and they came from Smich himself.
 
  • #740
You are right. She didn't lie on the stand then. But she probably also probably told CN exactly what was going on. She'll be a witness at her trial ?

MM and CN were not friends. MM was not a fan of DM's either.
We only have learned of one phone call that happened between CN and MM's phones and that seems to be with MS and it was on the night that DM was arrested.
MS and MM have testified that most of what she learned happened after DM was arrested.
I don't know that MM would be talking to CN and telling her what she knows, particularly if she believes that CN's boyfriend murdered someone and her own boyfriend had been pulled into things.
 
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