Bosma Murder Trial 05.16.16 - Day 49

[SnooperDuper]

molly hayes ‏@mollyhayes 16m16 minutes ago
Sachak asks if it's the same gun in the 'two finger' photo. Smich says yes, and also the same one as in the Millard photo. #Bosma

Peter Akman ‏@PeterAkmanCTV 16m16 minutes ago
Smich's lawyer is pushing back against Millard's lawyer's line of questioning. Judge will decide. #Bosma @CTVNews

molly hayes ‏@mollyhayes 16m16 minutes ago
Sachak asks if he asked that question--if he asked him about Millard. #Bosma

Colin Butler ‏@ColinButlerCBC 16m16 minutes ago
Sachak berating Smich and Dungey raises an objection to his line of questioning because it verges on legal strategy. #TimBosma

molly hayes ‏@mollyhayes 16m16 minutes ago
Sachak suggests Smich was here when his lawyer suggested during cross of gun expert that it could be a fake gun. #Bosma

Susan Clairmont ‏@susanclairmont 16m16 minutes ago
Sachak wants to highlight "it's not a fake gun...as was suggested by...Mr. Dungey to the expert."

 

[SnooperDuper]

Lisa Hepfner ‏@HefCHCHNews 16m16 minutes ago
It's never been a toy gun in Smich's mind, Sachak establishes. He's always known it was a real gun.

Colin Butler ‏@ColinButlerCBC 16m16 minutes ago
Judge agrees. Sachak pivots to "this has never been a toy gun in your mind, has it?" #TimBosma

Colin Butler ‏@ColinButlerCBC 16m16 minutes ago
Judge agrees. Sachak pivots to "this has never been a toy gun in your mind, has it?" #TimBosma

molly hayes ‏@mollyhayes 16m16 minutes ago
Dungey objects. Judge agrees that's lawyer strategy. Sachak says he's never thought it was a fake gun. Smich agrees.
#Bosma

molly hayes ‏@mollyhayes 16m16 minutes ago
Sachak "you've always known, when you heard the evidence, that it was a real gun." Smich says yes. #Bosma

Colin Butler ‏@ColinButlerCBC 15m15 minutes ago
Sachak cuts Smich off on his answer. Judge jumps down his throat "Mr Sachak you opened the door..." Smich allowed to continue. #TimBosma

 

[Velma]

"She loved you like nuts, right?" Sachak says. "We were in love," Smich says.
by Adam Carter 12:55 PM

"She would I have to say treated me better than I treated her," Smich says. "She was a very good girl."
by Adam Carter 12:56 PM

"You knew on May 22, 2013, Marlena would protect you," Sachak says. Smich says no. The two of them were interviewed by police on that date.
by Adam Carter 12:57 PM

 

[SnooperDuper]

molly hayes ‏@mollyhayes 16m16 minutes ago
Sachak asks about Brendan Daly. Says they're very good friends. Smich says they were neighbours. #Bosma

Susan Clairmont ‏@susanclairmont 16m16 minutes ago
Smich raising points from earlier expert witnesses he has heard testify. Sachak tries to cut him off but judge says Sachak opened that door.

molly hayes ‏@mollyhayes 16m16 minutes ago
Sachak suggests they were best friends. Smich says Daly considered him that, but he didn't. #Bosma

Lisa Hepfner ‏@HefCHCHNews 16m16 minutes ago
Daly is a very good friend? A neighbour he's known for a few years. Wouldn't say that. Daly would consider Smich a best friend though

Susan Clairmont ‏@susanclairmont 16m16 minutes ago
Smich: "I have lots of good friends." Says Daly was good friend.

Colin Butler ‏@ColinButlerCBC 16m16 minutes ago
Smich says he doesn't consider Brendan Daly to be his best friend. "I had lots of good friends at the time." #TimBosma

 

[SnooperDuper]

Peter Akman ‏@PeterAkmanCTV 16m16 minutes ago
Now quibbling over what makes someone a good friend or a best friend. Smich #Bosma @CTVNews

molly hayes ‏@mollyhayes 16m16 minutes ago
Sachak asks about Marlena's testimony about them being best friends. Smich says they got together often so one might think that.

Lisa Hepfner ‏@HefCHCHNews 16m16 minutes ago
People might come to the conclusion they were close because they smoked joints and drank beer every day, Smich says.

molly hayes ‏@mollyhayes 16m16 minutes ago
He agrees he saw Daly on a regular basis, but for just a couple hours max each time. #Bosma

Susan Clairmont ‏@susanclairmont 16m16 minutes ago
Daly was neighbour. Smich saw him on a "regular basis." Saw him 3-5 days a week for a couple of hours at a time.

Shannon Martin ‏@ShannonMartinTV 16m16 minutes ago
Millard's lawyer asked number of Qs, likely to see if Smich may remember something, instead of absolutely nothing

 

[mimimic]

Alex Pierson ‏@AlexpiersonAMP 14m14 minutes ago
Sachak" that's your gun. That"s your gun used to kill #TimBosma?" MS "that's not my gun" @AM900CHML

Lisa Hepfner ‏@HefCHCHNews 14m14 minutes ago
"That's the gun you used to kill Mr. Bosma," Sachak says Smich disagrees. Now looking at another gun photo, from Smich's blackberry

Susan Clairmont ‏@susanclairmont 14m14 minutes ago
"You took it home? That's your gun. The gun you used to shoot Mr. Bosma with," Sachak says. "Absolutely not," says Smich.

Shannon Martin ‏@ShannonMartinTV 15m15 minutes ago Toronto, Ontario
We're now seeing another photo of a gun, taken from Smich's blackberry, showing a gun #Bosma #HamOnt #Smich

molly hayes ‏@mollyhayes 14m14 minutes ago
Seeing another gun photo now. The one taken on Smich's blackberry. This one:

molly hayes ‏@mollyhayes 14m14 minutes ago
Smich says Millard purchased the gun. "that is his gun." #Bosma

I once heard (stuck with me) that when people use contractions like that's/didn't etc instead of that is or did not - it's likely more often the truth.

 

[SnooperDuper]

Lisa Hepfner ‏@HefCHCHNews 16m16 minutes ago
Not every day. Regular basis. 3-5 days a week. An hour or so at a time, Smich saw Brandon Daly. #TimBosma

Colin Butler ‏@ColinButlerCBC 16m16 minutes ago
"Other people may come to that conclusion" Smich says "I wouldn't call him a best friend. He was a close friend, a neighbour." #TimBosma

molly hayes ‏@mollyhayes 16m16 minutes ago
Still on the issue of whether they were best friends. #Bosma

molly hayes ‏@mollyhayes 16m16 minutes ago
Sachak says he trusted Daly. Smich says "to an extent." #Bosma

Lisa Hepfner ‏@HefCHCHNews 16m16 minutes ago
"I wouldn't necessarily call him my best friend, but, in other peoples' eyes..." But you trusted him enough to sell weed?

Susan Clairmont ‏@susanclairmont 16m16 minutes ago
Did he trust Daly? "To an extent." Smich says "in any business, legitimate or not, you have to trust the people who work for you."

 

[Velma]

Now seeing video from Smich's statement on May 22.
by Adam Carter 12:57 PM

In the video, Smich says he thought she would protect him.
by Adam Carter 12:58 PM

Sachak repeatedly says "you think she would defend you." Smich says no.
by Adam Carter 12:59 PM

"I'm not sure what exactly I was trying to suggest to the police there," Sachak says.
by Adam Carter 12:59 PM

 

[SnooperDuper]

molly hayes ‏@mollyhayes 16m16 minutes ago
Sachak suggests Smich told Daly "I ****ed up." Smich says "yes. Because I went with Dell that night." #Bosma

Lisa Hepfner ‏@HefCHCHNews 16m16 minutes ago
"Like any business," Smich says Daly was somewhat of a confidant. Told Daly he "F'd up" ... "because I went with Dell that night."

Susan Clairmont ‏@susanclairmont 16m16 minutes ago
Smich sold drugs and Daly "worked" for him. Smich told Daly "I ****ed up." In reference to going with "Dell" that night."

molly hayes ‏@mollyhayes 16m16 minutes ago
Sachak says Daly, during cross by Pillay, said Smich had said "I ****ed up." Again he agrees. #Bosma

Shannon Martin ‏@ShannonMartinTV 16m16 minutes ago Toronto, Ontario
Millard lawyer now asking Brendan Daly, Smich's friend. Daly testified Smich said, 'I ****ed up, I ****ed up' #Bosma #HamOnt #Smich

Shannon Martin ‏@ShannonMartinTV 15m15 minutes ago Toronto, Ontario
Smich says he did **** up, because 'he went with Dell' #Bosma #HamOnt #Smich

 

[canadiangirl]

"So you're saying she lied under oath about talking to you?" Sachak asks. Smich again says he didn't talk to her on May 10.
by Adam Carter 12:51 PM

Smich again says Noudga was lying.
by Adam Carter 12:51 PM

He says Marlena Meneses spoke with Noudga, and he told her to say he wasn't around.
by Adam Carter 12:52 PM

Doesn't that make sense? IIRC wasn't there a argument between the girls?

 

[SnooperDuper]

molly hayes ‏@mollyhayes 15m15 minutes ago
Sachak says Daly did not testify that he said he ****ed up because he went with Dell. Smich says he doesn't recall him saying that. #Bosma

Peter Akman ‏@PeterAkmanCTV 16m16 minutes ago
"I told him I ****ed up because I went with Dell." Smich about shooting night #Bosma @CTVNews

Susan Clairmont ‏@susanclairmont 16m16 minutes ago
Smich didn't elaborate on how he ****ed up. "I told him I ****ed up because I went with Dell." Daly testified there was no mention of Dell.

molly hayes ‏@mollyhayes 15m15 minutes ago
Smich says he would've told him both parts (****ed up / by going with Dell). #Bosma

Lisa Hepfner ‏@HefCHCHNews 15m15 minutes ago
Sachak says Smich never told people he "F'd up" because he went with Millard. He just says "I f'd up." #TimBosma

molly hayes ‏@mollyhayes 15m15 minutes ago
Sachak asks again if he disagrees with Marlena's evidence about he and Daly being best friends. He says he can see how she thought that.

 

[Jug Up]

He is doing it on purpose because he knows MS will not tell the truth where the gun is.

And the questioning is not designed to find the gun , it is designed to ruin MS credibility as a witness , and that is exactly how it is working out.

The questions may sound stupid but they are clever .... for example ....

Sachak asks if Smich camped out in the forest that night and roasted Marshmallows. "No I didn't bring any marshmallows with me," Smich says.

Notice how easily MS can recall he did not bring marshmallows to the forest .... yet he keeps saying he doesn't remember anything because he was stoned and drunk. This is a good lawyer and he is just getting stared. If he can undermine MS credibility it undermines MS testimony that DM did everything. That is the whole purpose.

This is exactly my train of thought.

With these seemingly irrelevant, and obvious, questions (such as the marshmallow questions, MS knows he couldn't see the city lights, remembers the grass was trimmed) , Sachak is setting him up. He can remember not bringing marshmallows to the forest, and that grass was trimmed short, but he can't remember the exact place he buried the gun, which is why he went to the forest in the first place.

 

[SnooperDuper]

molly hayes ‏@mollyhayes 15m15 minutes ago
"I'm just saying I wouldn't consider him my best friend," he says. #Bosma

Susan Clairmont ‏@susanclairmont 15m15 minutes ago
Disagrees with Meneses' opinion that Daly was his "other" best friend. He considered James, Alex, Dell his best friends.

Lisa Hepfner ‏@HefCHCHNews 15m15 minutes ago
Smich's girlfriend told court Daly was Smich's other best friend. He says he doesn't disagree with Marlena but had other best friends.

molly hayes ‏@mollyhayes 15m15 minutes ago
Sachak asks who his best friends were. Smich lists some guys. "Dell, at one point," he says. #Bosma

Susan Clairmont ‏@susanclairmont 14m14 minutes ago
Smich says Daly didn't testify about all that Smich said in that statement. Left out the part about Dell.

Lisa Hepfner ‏@HefCHCHNews 15m15 minutes ago
Smich says he did not talk to Christina Noudga on the phone, as she testified.

 

[SnooperDuper]

Susan Clairmont ‏@susanclairmont 14m14 minutes ago
May 10, 2013 he spoke to Christina Noudga. Smich says "that's not true." Sachak says Noudga testified they spoke for 245 seconds

Colin Butler ‏@ColinButlerCBC 14m14 minutes ago
Smich says he never spoke to Christina Noudga the way she testified. #Bosma

Lisa Hepfner ‏@HefCHCHNews 14m14 minutes ago
"What happened was, she texted my phone, and I told Marlena to call her and tell her I'm not around." Smich says he never talked to Noudga

molly hayes ‏@mollyhayes 15m15 minutes ago
Sachak asks if he spoke to Christina Noudga on the phone on May 10 (as she testified). He says that never happened. #Bosma

Peter Akman ‏@PeterAkmanCTV 14m14 minutes ago
Smich questioning Millard's ex-GF Noudga's testimony she spoke with him. #Bosma @CTVNews

molly hayes ‏@mollyhayes 14m14 minutes ago
Sachak says now, he disagrees with Daly (who left out words). Marlena (who had her own opinion) and Christina. #Bosma

 

[SnooperDuper]

Lisa Hepfner ‏@HefCHCHNews 15m15 minutes ago
So now you disagree with Daly, Marlena's opinion, and Noudga? "What I"m saying is Christina is a liar," Smich says.

Susan Clairmont ‏@susanclairmont 15m15 minutes ago
Smich says Noudga texted his phone, he had Marlena call back.Says he never spoke to Noudga. "What I'm saying is that Christina is a liar."

Peter Akman ‏@PeterAkmanCTV 14m14 minutes ago
"Christina Noudga is a liar." #Smich @CTVNews "I never spoke to her."

molly hayes ‏@mollyhayes 14m14 minutes ago
"What I'm saying is Christina's a liar," he says. #Bosma

Alex Pierson ‏@AlexpiersonAMP 14m14 minutes ago
Smich defiant he never spoke to christina Noudga and that she is a liar. He never spoke to her at all. Other than a text. @AM900CHML

Shannon Martin ‏@ShannonMartinTV 15m15 minutes ago Toronto, Ontario
Smich 'What I'm saying about Christina Noudga is she's a liar' he says about a phone conversation SHE testified they had #Bosma #HamOnt

 

[SnooperDuper]

molly hayes ‏@mollyhayes 15m15 minutes ago
Sachak asks if he told her "I screwed up because I went with Dell." He says "absolutely not...I never spoke to her." #Bosma

Lisa Hepfner ‏@HefCHCHNews 15m15 minutes ago
Marlena and Daly simply have different opinions than him, Smich says. He never told Noudga he screwed up. "I never spoke to her."

Susan Clairmont ‏@susanclairmont 14m14 minutes ago
Smich says he never told Noudga "I screwed up because I went with Dell." Says "I never spoke to her so that would be impossible."

molly hayes ‏@mollyhayes 14m14 minutes ago
Smich suggests maybe Dell told her in his letters to say that. #Bosma

Alex Pierson ‏@AlexpiersonAMP 15m15 minutes ago
MS says he never told Noudga he "screwed up" or that he "blames himself" says conversation never happened. @AM900CHML

molly hayes ‏@mollyhayes 15m15 minutes ago
Sachak "you're saying she lied under oath." Smich says she said they spoke through his phone which isn't true. #Bosma

 

[SnooperDuper]

Susan Clairmont ‏@susanclairmont 15m15 minutes ago
Noudga's evidence was Smich was in state of panic when they talked on his cell phone. Smich says not true and cell records prove it.

Shannon Martin ‏@ShannonMartinTV 14m14 minutes ago Toronto, Ontario
Remember her? Christina Noudga is Millard's former gf who wrapped herself up every time she came to court #Bosma

Lisa Hepfner ‏@HefCHCHNews 15m15 minutes ago
Smich agrees he heard Noudga say Smich was on a state of panic. Says cell records prove she was not on his phone.

molly hayes ‏@mollyhayes 15m15 minutes ago
Sachak asks if they spoke using any kind of device. Smich says no. #Bosma

Peter Akman ‏@PeterAkmanCTV 15m15 minutes ago
Millard's lawyer asking over and over. Pushing his clients agenda to the jury. Creating reasonable doubt. #Bosma @CTVNews

Alex Pierson ‏@AlexpiersonAMP 15m15 minutes ago
MS says he never spoke to CN on may 10. She is lying. Never said "I screwed up. She is lying. @AM900CHML

 

[Velma]

In the video, Smich also says "I know I love her."
by Adam Carter 1:00 PM

Smich says it's "possible" Meneses would protect him.
by Adam Carter 1:01 PM

Now taking lunch. Back at 2:15 p.m.
by Adam Carter 1:01 PM

I won't be able to continue after lunch, is anyone else able to take over please? Thanks in advance!

 

[SnooperDuper]

Lisa Hepfner ‏@HefCHCHNews 15m15 minutes ago
"So she's lying about having a conversation with you?" Absolutely correct, Smich says.

molly hayes ‏@mollyhayes 15m15 minutes ago
Sachak asks if he's saying she's lying about having that conversation and what she says he said. "That is correct," he says. #Bosma

Susan Clairmont ‏@susanclairmont 15m15 minutes ago
Smich says he didn't talk to Noudga that night. "Absolutely not." Noudga is lying that he said he'd screwed up. "100%," Smich says.

Lisa Hepfner ‏@HefCHCHNews 15m15 minutes ago
You remember that clearly, Sachak says.

molly hayes ‏@mollyhayes 15m15 minutes ago
Smich says Marlena spoke to her. He says he asked Marlena to tell her he wasn't around "and she did." #Bosma

Susan Clairmont ‏@susanclairmont 14m14 minutes ago
He asked Marlena to tell Noudga "I'm not around." "And that's what she did," says Smich,.

 

[Inspector_North]

molly hayes ‏@mollyhayes 14m14 minutes ago
"What I'm saying is Christina's a liar," he says. #Bosma

Well there is the fist statement from MS I believe.

MOO