Bosma Murder Trial 05.11.16 - Day 47 - Smich Defence commences

[Juballee]

I was there today. Yes, MS's voice was nervous, shaky and quiet most of the time. Occasionally he'd pull himself together to answer a question, but it was visible it was wearing on him. It was my experience there was nothing I caught that made me think he was being insincere. Facial expressions and posture, seemed regretful. A far cry from when CN was on the stand. I get he would have been coached and advised on how to present himself and how much or how little to say. That said, I'm only sharing what I saw... and from that, feeling like he is telling the truth. Is he guilty of his roll leading up to and following the shooting; absolutely. Still fills me with disgust, especially seeing the pain and hurt of the Bosma family today.

Let's not forget he considered himself an actor before this, remember his gore filled rap video? 3 years is a lot longer to rehearse a part than most actors get.

 

[andreww]

Where did the satchel come from? How did it get from the Yukon to the Ram?

When SB testified there was no mention of one of the men wearing a purse or even carrying a bag. I've lived in the country, and from my knowledge, they are not as up on the metrosexual look as those who live in the city, and when country folk see a man wearing a purse, they notice it. The fact that she didn't notice one, says a lot in my opinion.

Personally I see a lot of holes in MS's story so far. I can't wait to hear the cross examinations by RP and the crown.

My guess is a combination of darkness, distance and the angle he was standing at simply hid it from view.

 

[SuperSpy]

I don't recall them ever looking at my registration at the border. And not really sure what Millards long term plan was for both trucks either?

They don't need your paper registration. The vehicle registration comes up on their screen. They compare the name on your passport with the registered name on the vehicle. Try crossing with someone else's vehicle and see what happens. The rest of the vehicle registration comes up too - color, GVWR, wheelbase, commercial/personal use, etc.

The level of scrutiny also goes way up when you are crossing with a trailer like that.

And Millard said that he got searched every time he crossed the border.

 

[Staceys]

The only reason Smich started to distance himself from Millard is because my the morning of the 8th the story was front page news. The writing was on the wall!

I just can't believe how many people here are buying what this guy says hook line and sinker. A week ago we wanted to hang this guy based on hard evidence. He hasn't addresses any of that evidence and has just spun a sketchy tail that casts himself as the naive dolt, and people are actually buying it!

Ask yourself why, if they were supposedly just going to scope out a truck, why MM begged him not to go? Ask yourself exactly how they were going to steal that truck? Smich said they failed at hot-wiring, and they didn't bring a trailer, and if these were the options, why show your face to the owner? If the plan was not to kill Bosma, why not force him out at the field? If they weren't going to steal the truck, why did they bring plates? I could go on and on.

Lastly, Smich testifies that Millard turns in to Mr Hyde, angry and scary. From testimony we have heard from witnesses Millard is described as the easy going, even tempered one, while its Smich that is describe as having the scary, angry temper.

Great post! I have been thinking about this. We also need to remember that technically the jury can't consider the LB case in their decision. We know he has been charged in this murder so TB may not have been the 1st murder MS was present for.

Also (sorry don't have the tweet off hand), if IRC in the first phase of testamony I read that TD asked MS if he knew DM to own a gun... IRC MS stated an adamant NO...,then during the toolbox phase of testamony once the toolbox was opened he knew it was DM's gun....he had seen it before....I could be wrong but during the toolbox phase while reading the tweets I was like what?

Also the directions of the truck are so confusing.

And in difference to IT's test drive.. They hid the Yukon albeit in an urban area BUT...IT did not offer the keys up initially....IT then drove away and offered DM the chance to drive later on into the test drive...this likely foiled the initial quick kill plan with IT if it was there plan.

I always assumed DM did the shooting and when no GSR was found in the Yukon....I always suspected MS was not around for the actual shooting....

Not sure what RP will spin but he can't speak to pre-meditation...the crown will.

I think the murder went down how MS described but the "fine" details of their plan are obviously missing.

Still when thinking about conviction....I have no idea where that places MS....

I think DM was the mastermind and MS privy but I don't think MS set the plan

 

[andreww]

Let's not forget he considered himself an actor before this, remember his gore filled rap video? 3 years is a lot longer to rehearse a part than most actors get.

Don't think that was much of an actor. I also don't think that shame and remorse would be hard emotions for him to muster right now based on the situation he's in. Those emotions may be genuine but he wouldn't be feeling them if he wasn't facing life in jail.

 

[Juballee]

Forgive me if this has already been hashed out, I haven't ready all 85 pages in this thread, and probably will never be able to catch up at this point, but is MS saying CN helped DM burn the seats on the Thursday night? I thought that there was early testimony from a neighbour of Tim's that saw smoke on the farm on the morning of the 7th or so? Maybe that was the missing time in CN's testimony? Didn't DM tell SS he had to sit on a bucket to drive it back, indicating that the seats were removed at the farm that night?

So many holes in MS's testimony!

 

[LoyalSleuth]

My guess is a combination of darkness, distance and the angle he was standing at simply hid it from view.

I agree. I have a cross body purse, it's similar to what we have seen DM wear. When I wear it with the purse part at my back all you see from the front is a strap going diagonally shoulder to hip area.

Sent from my SM-A500W using Tapatalk

 

[Arnie M]

.

Now I have seen it all .... haaaaa .... I always figured what a witness did see was more important than what they did not see.

 

[JuneBug67]

Agreed. I wonder why MS sat behind the driver on both test drives?

And why there is no mention of him breaching the no contact order with MM? Did she burn her letters?

Why was he wearing his hoodie up on a nice night?

Why aren't his fingerprints on anything?

Damn, I still have so many unanswered questions!

Some thoughts, in order of your order

Habit? We all get accustomed to sitting in a particular place in various settings and tend to repeat that choice. Perhaps as a far more frequent passenger than driver he is just accustomed to entering a vehicle on the passenger side.

Dunno. How to we know this again? I genuinely forget or never new how this became public.

Because he was there in a criminal context, and was hiding his criminal face.

If he was in the Ram for a very short time as per his testimony and had gloves on by the time he was in the hangar as video suggests it would make sense he didn't leave much behind, particularly with a even a cursory wipe down of the truck.

 

[don_quixote]

Forgive me if this has already been hashed out, I haven't ready all 85 pages in this thread, and probably will never be able to catch up at this point, but is MS saying CN helped DM burn the seats on the Thursday night? I thought that there was early testimony from a neighbour of Tim's that saw smoke on the farm on the morning of the 7th or so? Maybe that was the missing time in CN's testimony? Didn't DM tell SS he had to sit on a bucket to drive it back, indicating that the seats were removed at the farm that night?

So many holes in MS's testimony!

No. He says him and DM did it on 9th.

 

[RandomName479]

They don't need your paper registration. The vehicle registration comes up on their screen. They compare the name on your passport with the registered name on the vehicle. Try crossing with someone else's vehicle and see what happens. The rest of the vehicle registration comes up too - color, GVWR, wheelbase, commercial/personal use, etc.

The level of scrutiny also goes way up when you are crossing with a trailer like that.

And Millard said that he got searched every time he crossed the border.

Please provide a link unless this is your opinion......

 

[CJPRINCESS]

My guess is a combination of darkness, distance and the angle he was standing at simply hid it from view.

As well as, if SB and Wayne were not 100% sure, one can't just say "yes, he had murse". That would be considered "guessing". I'm pretty sure she didn't say "no, he did not have a murse" she said, "I'm not sure". I'd have to go back and look again at their testimony.

Just like at my trial. I was 50% sure I was standing on a gravel driveway when the incident happened. I could not say "I'm pretty sure, it was gravel" because I was not 100% sure of that fact. It was the Crown that advised me, if asked, to say "I don't recall". For some reason the defense kept drilling me on that (I thought it was stupid) but they were trying to disprove my credibility. The defense knew 100%, but I did not know for certain.

 

[Juballee]

My guess is a combination of darkness, distance and the angle he was standing at simply hid it from view.

If it was that dark, they wouldn't have been able to see the expression on their faces, (DM smiling and MS looking shady), nor would they have been able to tell the colour of their shirts (orange, anyone?) nor would then have been able to see that MS had his hands in his pockets. (it's funny how MS left no fingerprints and didn't mention wiping any off.)

Even if his purse was slung so it was hanging in the back, SB still would have been able to see the strap across his chest. In my opinion, DM left his man purse in the Yukon. That would match SB's testimony but not MS's, but out of the two, I think SB has no reason to lie, whereas MS has a huge incentive to lie. Therefore, I believe SB over MS, every time.

 

[JuneBug67]

Forgive me if this has already been hashed out, I haven't ready all 85 pages in this thread, and probably will never be able to catch up at this point, but is MS saying CN helped DM burn the seats on the Thursday night? I thought that there was early testimony from a neighbour of Tim's that saw smoke on the farm on the morning of the 7th or so? Maybe that was the missing time in CN's testimony? Didn't DM tell SS he had to sit on a bucket to drive it back, indicating that the seats were removed at the farm that night?

So many holes in MS's testimony!

MS said evidence burning was supposed to happen on the 8th, but didn't happen until the 9th. Only DM and MS. It was essentially an all day endeavour and it was late by the time the work was all complete.

 

[SnooperDuper]

molly hayes ‏@mollyhayes 1m1 minute ago
Filing into the courtroom now. #Bosma

 

[cckp72]

just a small, random question - do jurors take notes?

 

[Juballee]

No. He says him and DM did it on 9th.

I thought he said on the 9th that they put TB's truck (no mention of the winch) in the trailer and then made a u turn to come back for the seats, then he said he was dropped off, I don't recall reading that he went to the farm to burn the seats that day as well, but I only followed one reporter yesterday, perhaps I missed that. Can you please post a link to that info for me?

Edit- My mistake, it was the seat frames they came back for.

 

[Nosey Parker]

just a small, random question - do jurors take notes?

Expected to, but they can't keep them after verdict

 

[RandomName479]

.

Now I have seen it all .... haaaaa .... I always figured what a witness did see was more important than what they did not see.

HAHAHA.......yep.....and they only said they didn't recall seeing it. NOT that he wasn't carrying/wearing one. When most had finally agreed that DM was guilty (based on a ridiculous amount of evidence), we have a resurgence of DM the innocent dupe who got caught up with a gun-toting psychopathic friend and was just trying to keep him out of trouble. Not sure I can stomach this.....MOO

 

[CJPRINCESS]

They don't need your paper registration. The vehicle registration comes up on their screen. They compare the name on your passport with the registered name on the vehicle. Try crossing with someone else's vehicle and see what happens. The rest of the vehicle registration comes up too - color, GVWR, wheelbase, commercial/personal use, etc.

The level of scrutiny also goes way up when you are crossing with a trailer like that.

And Millard said that he got searched every time he crossed the border.

I crossed the border many times with someone else's vehicle. No problem at all.

The boarder search thing was something DM was tying to get CN to say. Along with "DM usually lent his phone to MS" And "get AM to change his testimony".