Bosma Murder Trial 05.11.16 - Day 47 - Smich Defence commences

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  • #701
First time poster : this is bugging me. Wasn't there a lot of blood evidence in the bed of truck? I don't think the testimony today explains this evidence. Unless I missed something it seems the body went from the truck cab to "sheet" to incinerator. Based on the forensics I would have assumed a body was in the bed of the truck at some point (JMO).
 
  • #702
Can someone enlighten me? IF MS knew there was going to be a robbery of a truck and NOT a murder. What DID he think they would do with the owner of the vehicle then? I don't think that has been covered but maybe I didn't catch it. TIA.
 
  • #703
Did she? She admitted on the stand that MS told her about the shooting and the burning.

http://www.cbc.ca/news/canada/hamilton/news/tim-bosma-trial-marlena-meneses-1.3546677

Or do you mean something else?
No she said that MM said that MS screwed up and bad stuff when down. No mention of specifics or that Dell had been involved or the incinerator. If MM told her that Dell shot TB and incinerated him, she knew that she helped move the incinerator, she is immediately an accessory after the fact if she doesn't report it. She is assisting him with escaping.
 
  • #704
Okay, others will argue that because TB was held against his will, that it was 1st degree.

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.
 
  • #705
Can someone enlighten me? IF MS knew there was going to be a robbery of a truck and NOT a murder. What DID he think they would do with the owner of the vehicle then? I don't think that has been covered but maybe I didn't catch it. TIA.

He thought they were just scoping the vehicle out for theft later on.
 
  • #706
First time poster : this is bugging me. Wasn't there a lot of blood evidence in the bed of truck? I don't think the testimony today explains this evidence. Unless I missed something it seems the body went from the truck cab to "sheet" to incinerator. Based on the forensics I would have assumed a body was in the bed of the truck at some point (JMO).

Good point, just found this article/photo:

http://www.cbc.ca/news/canada/hamil...t-happened-inside-truck-expert-says-1.3479265

But as usual I've lost track of the physical pieces of evidence. Were the Dodge's bloodied seats ever put into the bed BEFORE they were burned?
 
  • #707
Can someone enlighten me? IF MS knew there was going to be a robbery of a truck and NOT a murder. What DID he think they would do with the owner of the vehicle then? I don't think that has been covered but maybe I didn't catch it. TIA.

MS said he thought they would come back later and steal the truck.
 
  • #708
IMO MS's post-murder actions/behavior does not fit with his story.

Given how rattled everyone else has been on the topic of holding back evidence, I also expect him to be more emotional, even cry, now on the stand...if what he said was the whole truth.
 
  • #709
Can someone enlighten me? IF MS knew there was going to be a robbery of a truck and NOT a murder. What DID he think they would do with the owner of the vehicle then? I don't think that has been covered but maybe I didn't catch it. TIA.

IMO, he is saying they were casing the truck on the test drive. And if a theft was to occur, they would come back later with their change of clothes.

MOO
 
  • #710
Can someone enlighten me? IF MS knew there was going to be a robbery of a truck and NOT a murder. What DID he think they would do with the owner of the vehicle then? I don't think that has been covered but maybe I didn't catch it. TIA.

He's saying he thought they were just test driving it to see if it had GPS or tracker and the plan was to go steal it later in the dark.i don't believe that part but I believe the rest (who was driving, the picking up of the incinerator , etc)
 
  • #711
No she said that MM said that MS screwed up and bad stuff when down. No mention of specifics or that Dell had been involved or the incinerator. If MM told her that Dell shot TB and incinerated him, she knew that she helped move the incinerator, she is immediately an accessory after the fact if she doesn't report it. She is assisting him with escaping.

That's not true. Just knowing the crime has occurred and not reporting it is not considered an accessory.
Someone needs to take action to assist the person in escape.
 
  • #712
  • #713
IMHO, TD would not put his client on the stand if he didn't think he was capable of telling the truth. I'm thinking that unless MS has taken some serious acting classes, MS is giving us front row seats into a true accounting of the events before, during and after TB's murder. The truth doesn't change, and IMHO, he's probably just filled in a couple things for the Crown. MS's testimony has officially put me back into MS "the innocent dupe" camp. Sounds like he found out the hard way that his pal was a raging psychopath. I have no doubt that we'll hear more truths- and IMHO, P & S are going to have a very difficult time getting around MS's testimony. MOO

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.
 
  • #714
No she said that MM said that MS screwed up and bad stuff when down. No mention of specifics or that Dell had been involved or the incinerator. If MM told her that Dell shot TB and incinerated him, she knew that she helped move the incinerator, she is immediately an accessory after the fact if she doesn't report it. She is assisting him with escaping.

Did you click my link?

"He said that Dell murdered him. That he shot him," Meneses testified, as members of the Bosma family became visibly emotional inside the courtroom. Bosma's wife Sharlene sat stone faced, while others cried.

"He told me he did nothing, that Dell did it all," she said. "He told me that Mr. Bosma was gone, gone."

"What he told you in so many words was, they burned him, Dell shot him," assistant Crown attorney Craig Fraser said.

"Yeah," Meneses responded.

Still not following what you think she lied about on the stand.
 
  • #715
IMO MS's post-murder actions/behavior does not fit with his story.

Given how rattled everyone else has been on the topic of holding back evidence, I also expect him to be more emotional, even cry, now on the stand...if what he said was the whole truth.

Not necessarily an exact indicator.

MOO
 
  • #716
But MS was a party of a pre meditated theft and forcible confinement that resulted in death. By definition that is 1st degree murder.

But, IF he is telling the truth, the theft was to happen after the test drive, after Tim and the truck were back home. The theft of the truck was in MS mind to happen later that night..or whenever. So does that change things, if the Jury believes him.

I am still in shock, trying to keep up while working today. But so far I tend to believe that MS is telling the truth, and things add up to me...of course more to go more to read and comprehend.

Ahhhhhh just so overwhelming this testimony today. My heart just breaks for the Bosma's. The pain is unfathomable.
 
  • #717
He's saying he thought they were just test driving it to see if iht had GPS or tracker and the plan was to go steal it later in the dark.i don't believe that part but I believe the rest (who was driving, the picking up of the incinerator , etc)

But then why would he be in the other truck following and not in the truck with DM and TB like they did on the 'scope out' with Igor?
 
  • #718
Im wondering what evidence is on MS for LB'S murder.

Also, I believe most of his testimony except for "he didn't help put TB'S body in the incinerator due to his arm" because he said "he helped remove the seats" That Seat assembly is awkward and heavy! They removed it in one piece according to the exhibit photos.

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).
 
  • #719
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.
 
  • #720
in the USA, it would be capital murder, is there an equivalent charge in Canada?

Unfortunately no. But I do believe that armed robbery should be added to the list of criteria in the criminal code for first degree murder.

If you bring a gun to a robbery, you know the possibility is there that you will use it.

MOO
 
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